City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, August 11, 2025 Room 209 7:00 p.m. PUBLIC HEARING 001 2023 Consolidated Annual Performance and Evaluation Report (CAPER) ORIGINAL CONSIDERATION 01 Council Member A RESOLUTION Calling for Public Hearing for the Proposed 2025-2026 HUD Annual Action Plan Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Authorizing the Mayor to Enter into an Amended Finance Agreement with the United States Tennis Association Eastern, Inc. (USTA) for Rehabilitation of City Tennis Facilities Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Authorizing the Mayor to Enter into a Use Agreement with the United States Tennis Association Eastern, Inc. (USTA) for Use of City Tennis Facilities Votes Required 4 Thursday, August 7, 2025 Page 1 of 2 1  Monday, August 11, 2025 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing the Issuance of Revocable Permit No. 689 to Solstice Kitchen, LLC for a Sign that will Overhang the City's Right-of-Way at 515 State Street, Schenectady, New York Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing the Redemption and Withdrawal of 246 Chiswell Road from Foreclosure Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Authorizing the Redemption and Withdrawal of 1123 Sixth Avenue from Foreclosure Votes Required 4 CONTRACT & SUPPLY 08 Council Member A RESOLUTION Awarding the Bid and Contract for Central Park Tennis Court Improvements to Gallo Construction Corp. Votes Required 4 Thursday, August 7, 2025 Page 2 of 2 2  2023–2024 Consolidated Annual Performance and Evaluation Report (CAPER) Summary The City of Schenectady’s 2023–2024 CAPER outlines progress made in implementing the three overarching goals identified in the 2020–2024 Consolidated Plan: 1. Enhance Housing Opportunities 2. Expand Economic & Workforce Development 3. Strengthen Local Neighborhoods During the 2023–2024 program year, the City expended: - $2,127,707 in CDBG funds - $1,180,259 in HOME funds - $191,470 in ESG funds These investments supported a wide range of programs and initiatives aligned with the City’s five-year strategic goals. Enhance Housing Opportunities CDBG-CV funds were used for rental assistance and tenant education. In partnership with SCAP, the program provided rental arrears, security deposits, and relocation support for individuals experiencing or at risk of homelessness serving 52 households. All participants received education on tenant rights and responsibilities, and many benefited from landlord/tenant mediation. - 20 foreclosed properties underwent carpentry repairs. - 10 owner-occupied homes received substantial rehabilitation. - The Mont Pleasant Outreach Program served 55 households with tenant education, screened 60 for benefit eligibility, and prevented shelter placement for 30 through legal assistance. - 740 residents overall received services including homeless prevention and rapid rehousing. The First-Time Homebuyer Program supported 10 applicants. Additionally, BCNI provided foreclosure prevention counseling to 30 residents and hosted four Homebuyer Education workshops, each with 25 participants. 3 Through the Bethesda House TBRA Program, $61,530 in rental assistance was distributed. Participating landlords committed to maintaining affordability for three years while providing safe, quality housing to low-to-moderate income families. Expand Economic & Workforce Development The Construction Skills Training Program enrolled 27 participants, 18 of whom completed the program. These efforts help create pathways to employment while addressing local housing needs. The Growing Green Project, in partnership with three local farms near high-poverty areas, trained 50 individuals in beekeeping and honey harvesting. Honey produced was distributed to local communities as part of a sustainable food and wellness initiative. The Youth Coalition, a collaborative effort of eight local organizations, continued its support of over 300 city youth. The coalition offers programming that monitors mental health, academic engagement, and mentorship outcomes. Strengthen Local Neighborhoods The Streetscape Beautification Project planted nearly 150 trees across NRSA and urban neighborhoods. Youth engaged in the project learned about urban forestry and environmental stewardship. Strategic investments also enhanced key community assets: - COCOA House received CDBG funding to rehabilitate and expand its youth facility, enhancing after-school and summer services for 62 children. - The Guyanese Community Center, located in the NRSA, underwent significant renovations to improve its ability to offer cultural, educational, and social services. City Development team continuously engaged in professional development and training opportunities to remain current with federal regulations, HUD compliance requirements, and evolving best practices in community development. In addition, the team participated in several community outreach events including Juneteenth celebrations to share information on homeownership resources, youth programming, and workforce development initiatives. These combined efforts support both program effectiveness and equitable access to services throughout the community Source of Funds Source Resources Made Amount Expended Available During Program Year CDBG public - federal 2,102,401 2,127,707 HOME public - federal 1,243,531 1,180,259 ESG public - federal 187,003 191,470 4  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: Proposed 2025-2026 HUD Annual Action Plan Said Public hearing shall be held on Monday, August 25, 2025, at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York, for the purpose of receiving public comment relative to the Proposed 2025-2026 HUD Annual Action Plan; and be it further RESOLVED, that copies of the proposed allocations be made available at the City Clerk’s Office and the City of Schenectady website at www.cityofschenectady.com for public inspection beginning no later than August 22, 2025; and be it further RESOLVED, that all interested parties may also be heard by submitting written comments to the City Clerk via www.cityofschenectady.com/158/City-Council, by email at smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on August 25, 2025,; and be it further RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: NOTICE OF PUBLIC HEARING Proposed 2025-2026 HUD Annual Action Plan On Monday, August 25, 2025, at 7:00 p.m., the Schenectady City Council shall conduct a public hearing in relation to the above-referenced matter. Said public hearing shall be held in Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York, for the purpose of receiving public comment relative to the above-referenced matter. All interested parties may also be heard by submitting written comments to the City Clerk via www.cityofschenectady.com/158/City-Council, by email at smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on August 25, 2025, Copies of the proposed 5 allocations will be made available at the City Clerk’s Office and the City of Schenectady website at www.cityofschenectady.com for public inspection beginning no later than August 22, 2025. Approved as to form this ___ day of August 2025. __________________________ Maxine L. Barasch, Esq. Corporation Counsel 6  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO.: _______________ Councilmember offered the following: A Resolution Authorizing the Mayor to Enter into An Amended Finance Agreement with USTA Eastern Inc. for Rehabilitation of City Tennis Facilities. WHEREAS, on December 30, 2024, the City of Schenectady (City) entered into a Finance Agreement (Agreement) with USTA Eastern Inc., for rehabilitation of City Tennis Court facilities in Central Park and the Michigan Avenue Park in the City of Schenectady, per Resolution No. 2024- 271; and WHEREAS, USTA Eastern Inc., and the City desire to amend the Agreement to expand the work, as shown in the attached amended Agreement, to, among other things, raise the number of Tennis Courts to be rehabilitated from eight (8) to eighteen (18) in Central Park; and WHEREAS, the City had previously allocated $500,000.00 in American Rescue Plan Act (ARPA) funds and $2 million in Capital Funds for this project, and additional expenditures under the amended agreement will be paid for by USTA Eastern Inc in the amount of $500,000.00 plus any overages. The ARPA Code to which the $500,000 is to be charged is CM97989-266-2.37; and the $2 million should be charged to the pertinent Capital Code; and NOW, THEREFORE BE IT RESOLVED, that the Schenectady City Council authorizes the Mayor to sign the amendment to the Agreement with USTA Eastern Inc. for the rehabilitation of Tennis Facilities located in Central Park in the City of Schenectady, the final terms of which are to be determined by the Corporation Counsel; and RESOLVED, that the Commissioner of Finance and Administration is directed to allocate the funding as directed hereinabove. Approved as to form this ___ day of August 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 7  City of Schenectady, New York Amendment to Finance Agreement for the Rehabilitation of the City of Schenectady's Central Park Avenue Park Tennis Facilities THIS is the amendment to the Finance Agreement for the Rehabilitation of the City of Schenectady's Central Park and Michigan Avenue Tennis Facilities executed December 30, 2024 by and between the City of Schenectady, a municipal corporation organized and existing under the laws of the State of New York and hereinafter referred to as the "City", with principle offices at City Hall, 105 Jay Street, Schenectady, New York 12304, and USTA Eastern, Inc., hereinafter referred to as "USTA Eastern," a not-for-profit organization, with principle offices at 2500 Westchester Avenue #106, Purchase, New York 10577. This “Amendment to the Finance Agreement for the Rehabilitation of the City of Schenectady's Central Park Tennis Facilities executed December 30, 2024” replaces the Finance Agreement for the Rehabilitation of the City of Schenectady's Central Park Tennis Facility executed in 2016 to the extent that there may be any conflicts. The City and USTA Eastern may individually be referred to herein as a "Party" and collectively as the "Parties." WHEREAS, the City owns, operates, maintains, supervises, and controls the Tennis Facilities located in Central Park, hereinafter referred to as the "Facilities," in the City and County of Schenectady, New York; and WHEREAS, USTA Eastern desires to use the Facilities as a location at which to host future USTA Eastern tournaments, programming and events; and WHEREAS, the present condition of the Facilities makes them unsuitable for use by USTA Eastern as a venue for tournaments, programming and events; and WHEREAS, the parties desire to rehabilitate the facility for the future benefit of USTA Eastern and the residents of the City: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section I: Obligations of the City 1. The City shall repair and rehabilitate the Facilities so as to make it suitable for use by USTA Eastern as a venue for tournaments, programming and events. Page 1 of 5 8  2. The City shall have the sole and exclusive control of the planning, design and construction involved in this Rehabilitation Project at the Facility including, but not limited to, obtaining estimates and bids to determine the overall cost, with input and consultation from USTA Eastern 3. The City will allocate and pay a minimum of five hundred thousand dollars ($500,000) in ARPA funding and two million dollars ($2,000,000) in capital funding for the Base and Additional Work w (as defined herein below) of this Rehabilitation Project and hereby acknowledges and represents that in entering this Agreement, said monies will be allocated and paid from an appropriate source as part of the current fiscal year's capital budget. 4. In order to render the Facilities acceptable for use by USTA Eastern as a venue for tournaments, programming and other events, the City shall complete the following work at Central Park as “Base Work”: i. Remove any trees whose roots interfere with the structural integrity of the Facility's tennis courts and remove the limbs of any trees that overhang the tennis courts. Conversion of the existing 7 “upper” tennis courts to 8 post- tension concrete courts. ii. Install new fencing around the perimeter and interior of all of the tennis courts iii. Resurface all of the tennis courts, including the lining of said surface with Regulation lines and " blended 36’ and 60’ lines. iv. Construct a storage shed or pavilion that has access to electricity and water, if funding allows. The City shall also complete the following as “Additional Work”: conversion of the existing 10 “lower” asphalt tennis courts to 10 post-tension concrete courts. 5. The City shall provide to USTA Eastern, upon request, copies of any and all construction contracts between the City and third-party contractors in connection with this project. 6. The City shall provide USTA Eastern with monthly progress reports including, but not limited to, the state of construction elements that have been completed or that are currently in progress. 7. At the completion of the total project (the “Project” herein) – the Base Work and Additional Work, the City will provide to USTA Eastern the costs of the project, as substantiated by paid invoices for all expenditures. These expenditures will be subject to an audit by USTA Eastern, which shall be completed within 90 days from receipt of all said paid invoices. Section II: Obligations of USTA Eastern 8. In exchange for future use of the rehabilitated Facility renovated to the standards outlined by USTA Eastern and incorporated into this agreement under Section I, Paragraph 3, USTA Eastern shall pay to the City five hundred thousand dollars ($500,000) plus a sum to be determined by the total project cost, minus the $2,500,000 (as defined in Section I.3) to be contributed by the City, upon the condition that the project costs are not found to be excessive. If the costs are found to be excessive, USTA Page 2 of 5 9  Eastern may terminate this contract with 48 hours written notice to the City, prior to work beginning. 9. USTA Eastern shall pay to the City the sum of five hundred thousand dollars ($500,000) upon the start of construction. Upon completion of the Project and upon receipt of substantiated paid invoices documenting the total cost, USTA Eastern will remit the balance owed to the City of Schenectady within ninety (90) days of the completion of USTA Eastern's audit. 10. After the City's completion of the Project, USTA Eastern shall host tournaments, programming and events at the renovated facilities for a period of twenty (20) years. The specifics of said usage shall be the subject of a separate facility use agreement, with USTA Eastern responsible for providing the City with the dates of each proposed scheduled tournament, programming or event and/or proposed date of use throughout each calendar year and for the duration of the facility use agreement. 11. USTA Eastern acknowledges and agrees that any and all Project improvements to the Facility by the City shall remain the property of the City of Schenectady, including any and all improvements to the tennis courts which are a part of this agreement. Section III: Miscellaneous 12. The Parties may also apply for competitive funding to assist with the total cost of the project. 13. The Parties hereby agree and acknowledge that USTA Eastern's only duty and/or responsibility regarding the Rehabilitation of the City of Schenectady's Central Park Tennis Facility is confined to supply funding under this agreement. 14. Term: This agreement shall remain in full force and effect from the date of execution until the completion of the project or June 1, 2026. 15. Termination: This agreement may be terminated for good cause shown, by either party, by providing the other party with thirty (30) days written notice. 16. Governing Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties shall be governed by the laws of the State of New York and the venue for any action shall be in the Supreme Court of Schenectady County, New York. 17. Compliance: The City covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules, and regulations of the local, state, and federal governments. The City agrees to comply with all law, orders, rules, requests, and directions made by governmental authorities and insurance groups. This includes, but is not limited, the directives of the Schenectady Police Department and the Chief of Police. USTA Eastern covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules, and regulations of the local, state, and federal governments. USTA Eastern agrees to comply with all law, orders, rules, requests, and directions Page 3 of 5 10  made by governmental authorities and insurance groups. This includes, but is not limited, the directives of the Schenectady Police Department and the Chief of Police. 18. The City shall indemnify, defend, and hold harmless USTA Eastern from any and all third party claims, damages, losses, injuries, and/or costs (including without limitation, reasonable outside attorney’s fees and disbursements) (collectively, “Claims”), to the extent resulting from the negligence or willful misconduct of the Contractors or City solely during the performance of the Work as provided in this Agreement. 19. Amendment: The terms of this Agreement may only be changed or waived with the express written consent of both parties. 20. Notice: All notices and other communications required or permitted to be given shall be (a) in writing, (b) be deemed to be given on the earliest to occur of (i) actual receipt, (ii) the third (3rd) business day after deposit in a regularly maintained receptacle for the United States mail, by registered or certified mail, return receipt requested, postage prepaid, (iii) upon confirmed facsimile, or (iv) the first (1st) business day after delivery to a recognized overnight courier service, and (c) addressed to (or at such other address for a party as shall be specified by like notice): If to USTA Eastern: USTA EASTERN _______________________ _______________________ _______________________ If to City: CITY OF SCHENECTADY City Hall 105 Jay Street, Room 201 Schenectady, New York 12305 Attn: Corporation Counsel Tel: 518-382-5073 Fax: 518-382-5074 21. Severability: In the event that any section, subsection, paragraph, sentence, phrase, or word herein is held invalid, illegal, or unconstitutional, the balance of the Agreement shall stand, shall be enforceable, and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase, or word. 22. Assignment: This Agreement may not be assigned by USTA Eastern without the Express written consent of the City. Page 4 of 5 11  23. Construction and Interpretation: the Rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort. IN WITNESS WHEREOF, parties hereto have caused this Agreement to be executed by their duly authorized representatives: CITY OF SCHENECTADY: USTA EASTERN By:_________________________________ By:_________________________________ Gary McCarthy Jennifer Schnitzer Mayor Executive Director / CEO Date:________________________________ Date:________________________________ APPROVED as to form and content This __________ day of __________, 2025. By:_________________________________ Corporation Counsel Page 5 of 5 12  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO.: _______________ Councilmember offered the following: A Resolution Authorizing the Mayor to Enter into A Use Agreement with USTA Eastern for Use of City Tennis Facilities WHEREAS, on December 30, 2024, the City entered into a finance agreement with USTA Eastern Inc. (“USTA Eastern”) for rehabilitation of City Tennis Court facilities, per Resolution No. 2024-271, where the costs would be partially paid by USTA Eastern; and WHEREAS, the City Council is authorizing concurrently herewith a Resolution for an amendment to that finance agreement to expand the work to be done at the Tennis Courts at Central Park; and WHEREAS, USTA Eastern works to promote and develop the growth of tennis and is currently focusing on the creation of tennis boom: stimulating demand, enhancing play opportunities, and ensuring the ease of accessibility for all who wish to engage in the sport; and WHEREAS, the Tennis Courts in Central Park are in need of repair and rehabilitation; and WHEREAS, USTA Eastern has agreed to partially pay for the expanded work for the needed repairs and upgrades to the Central Park Tennis Courts in exchange for USTA Eastern’s hosting of tournaments, programming and events at the newly renovated facility with the usage fee waived: NOW, THEREFORE BE IT RESOLVED, that the Schenectady City Council authorizes the Mayor to sign a Use Agreement for Tennis Facility at Central Park in Schenectady, New York with USTA Eastern Inc. for the use of Tennis Facilities located in Central Park in the City of Schenectady, the final terms of which are to be determined by the Corporation Counsel. Approved as to form this ___ day of August, 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 13  USTA Eastern Inc. Use Agreement for Tennis Facility at Central Park in Schenectady, New York _______________________________ THIS Use Agreement replaces and supersedes the USTA Eastern Inc. Use Agreement for Tennis Facility at Central Park in Schenectady, New York dated April 27, 2016 (hereinafter, the “Use Agreement”). This Use Agreement is entered into by the City of Schenectady, hereinafter referred to as the “City,” a municipal corporation of the State of New York, and USTA Eastern Inc., hereinafter referred to as “USTA Eastern,” a not-for-profit organization. The City and USTA Eastern may individually be referred to herein as a “Party” and collectively, as the “Parties.” WITNESSETH WHEREAS, the City of Schenectady is home to many public parks with facilities for varying activities; and WHEREAS, USTA Eastern, Inc. works to promote and develop the growth of tennis and is currently focusing on the creation of tennis boom: stimulating demand, enhancing play opportunities, and ensuring the ease of accessibility for all who wish to engage in the sport; and WHEREAS, the Tennis Courts in Central Park are in need of repair and rehabilitation; and WHEREAS, the City of Schenectady and USTA Eastern, Inc have agreed to make needed repairs and upgrades to the Central Park Tennis Courts in exchange for USTA Eastern’s agreeing to host sectional tournaments, programming and events at the newly renovated facility as more fully described herein: NOW, THEREFORE, the Parties agree as follows: Section 1A: Term of the Agreement A. This Agreement shall be for a term commencing as of the date of the completion of the Rehabilitation Project at Central Park through December 31, 2046. Section 2: Payment and Permits 1 14 As part of a separate Finance Agreement, USTA Eastern contributed funds to rehabilitate and improve the tennis facility located in Central Park, Schenectady, New York. Per the Schenectady City Code, use of the tennis court facility requires that all users obtain a use permit prior to the use of the facility, with the approval of the Office of General Services, and with the payment of a fee set by the Schenectady City Council. In light of the significant financial contribution expended by USTA Eastern to make the necessary repairs to the tennis facility in Central Park, the City hereby agrees to waive all required permit fees for the duration of this Agreement for events, tournaments, or programming hosted by USTA Eastern or its partner, Capital Region Youth Tennis Foundation, Inc (dba 15-LOVE) (not including any affiliates or members thereof). Section 3: Obligations of the Parties A. USTA Eastern shall host at least four to five tournaments, programming or events each year, for the term of this Agreement, at the newly renovated facility within Schenectady’s Central Park after the completion of this rehabilitation project. B. The City, in allowing for permits for the use of the Tennis Courts in Central Park, will give first priority to requests made by USTA Eastern or Capital Region Youth Tennis Foundation, Inc (dba 15-LOVE), for the exclusive use of those Tennis Courts on the dates requested by USTA Eastern. Section 4: Facility Ownership USTA Eastern hereby acknowledges and agrees that all improvements upon property owned and maintained by City remains the property of the City, including any and all improvements to the Tennis Courts which are a part of this Agreement. Section 5: General Use: A. City-related functions have priority use of City of Schenectady parks and park facilities. 1. The City will give first priority to requests made by USTA Eastern for the exclusive use of the Central Park Tennis Courts for USTA tournaments, programming and events. B. All persons who reserve or use the parks, or park facilities, will comply with all applicable rules regulations and ordinances of the City of Schenectady, New York. C. Persons and/or youth sport associations who reserve the fields or park facilities are responsible for cleanup of the fields and facilities after its usage. They are also responsible for repairs or damage to the fields and facilities caused by their use. D. Fees to use the City parks and City-owned facilities are governed by the City Council. 2 15 E. There must be at least one adult chaperon for every ten youths under the age of 18. F. No alcoholic beverages or tobacco products are permitted at any time in any City Park. Section 6: Schedules A. It is the responsibility of USTA Eastern to furnish the Office of General Services with a complete USTA tournament, programming and event schedule at least ninety (90) days prior to the start date for such tournament, programming or event, in order to ensure that the facility is available for use. However, requests for additional scheduling may be made within 90 days of the start of such tournament, programming or event. B. The City’s Commissioner of the Office of General Services or his/her designee, may allow other uses of the assigned courts during the term of this contract except when USTA tournaments, programming or events occur. The City will coordinate outside use of the facility with USTA Eastern. The City, to the best of their knowledge, shall provide USTA Eastern with no-use dates by January 1 of each calendar year. Such list of no-use dates is subject to change at the City’s discretion in the future. C. The City’s Commissioner of the Office of General Services or his/her designee reserves the right to cancel an activity scheduled for use of the facility prior to six (6) months of the start date of any USTA tournament, programming or event for good cause. Either party may cancel a USTA tournament, programming or event in the case of the impossibility, by one or both of the parties, to perform under this agreement. Section 7: Facility Maintenance A. During its use of the facility, USTA Eastern will keep and maintain the premises in good condition: clean, sanitary, and suitable for public operations, and shall bear the expense thereof. The purpose of this clause is to promote enhanced cleanliness and tidiness at all City-owned facilities. B. the City will remain responsible for the maintenance of public restrooms at the facility. C. USTA Eastern shall allow the City, upon reasonable notice, to enter the premises to repair, inspect, install, or work upon any fixture or equipment at said premises, and to perform such other work that the City deems necessary. i. The City will endeavor to perform all ordinary maintenance at times when USTA Eastern does not require use of the Courts. E. USTA Eastern will promptly notify the City of any fire, accident involving the premises, and dangerous and/or defective conditions. 3 16 F. USTA Eastern should maintain a log listing reported injuries of members of the general public while it uses the facility under the terms of this Agreement. G. the manner of use of the premises shall be subject, at all times, to the rules and regulations of the City’s Commissioner of General Services and/or his/her designee, who shall have the right, upon reasonable notice, to inspect the premises. Section 8: Insurance A. USTA Eastern agrees to provide and maintain insurance throughout the term of this agreement and in the following insurance amounts: 1. General Public Liability: $1,000,000.00 for injuries, including death, to any person, and $1,000,000.00 for damages on account of any one accident. Policy shall include, and not exclude, coverage for athletic events, injuries to participants, and other losses related to the events, tournaments, programming, etc. 2. Property Damage: $300,000.00 for damage on account of any one accident, and $1,000,000.00 for damages on account of all accidents. 3. Umbrella Liability Policy: $1,000,000.00. 4. Auto Liability Policy - $1,000,000. 5. Workers Compensation per statutory requirements. B. USTA Eastern agrees that with respect to the required insurance: 1. The City will be named as additional insured; 2. The City shall be named additional insured on a primary non-contributory basis on General Liability and Umbrella policies related only to USTA tournaments, programming or events. 3. USTA Eastern will have a Waiver of Subrogation issued favoring the City on the General Liability Policy; 4. USTA Eastern will provide thirty (30) days advance written notice of cancellation or material change and; 5. USTA Eastern will provide the City with Certificates of Insurance evidencing that the insurance requirements have been met prior to the commencement of the Agreement and, thereafter, with certificates evidencing renewals or replacements of said policies of insurance at least fifteen 15 days prior to the expiration or cancellation of any such policies. **It is strongly recommended that each operator have a supplemental accident policy for participants.** 4 17 C. Notices and Certificates of Insurance will be provided to the Commissioner of the Office of General Services and the Commissioner of Finance, City of Schenectady, 105 Jay Street, Schenectady, New York 12305. Section 9: Miscellaneous 1. Indemnification: USTA Eastern agrees to indemnify and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, actions damages, losses, costs, liabilities, expenses, and judgments including death Claims recovered from or asserted against the City, for personal injury court costs or damage to persons or property incidental to, arising out of, or caused directly or indirectly in whole or in part by an act, omission, negligence, or misconduct by USTA Eastern or any of its agents, servants, employees, contractors, patrons, guests, or invitees. The City agrees to indemnify and hold harmless USTA Eastern, its officers, agents, and employees from and against any and all claims, demands, actions damages, losses, costs, liabilities, expenses, and judgments including death Claims recovered from or asserted against USTA-Eastern, for personal injury court costs or damage to persons or property incidental to, arising out of, or caused directly or indirectly in whole or in part by an act, omission, negligence, or misconduct by the City or any of its agents, servants, employees, contractors, patrons, guests, or invitees. 2. Governing Law: The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of New York and venue for any action concerning this Agreement shall be in the Supreme Court of Schenectady New York 3. Compliance: USTA Eastern covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules, and regulations of the local, state, and federal governments. The Foundation agrees to comply with all law, orders, rules, requests, and directions made by governmental authorities and insurance groups. This includes, but is not limited to: the City of Schenectady Office of General Services, the Fire and Police Departments, the City Building Inspector and/or his designee, and the Schenectady County Department of Health. 4. Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail Postage Prepaid Certified Mail Return Receipt Requested or by hand delivery or facsimile transmission addressed to the respective party at the address set forth opposite the signature of the party 5. Severability: In the event that any section, subsection, paragraph, sentence, phrase, or word herein is held invalid, illegal, or unconstitutional, the balance of the Agreement shall stand, shall be enforceable, and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase, or word. 5 18 6. Assignment: This Agreement may not be assigned by USTA-Eastern without the express written consent of the City IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows: CITY OF SCHENECTADY, NEW YORK USTA EASTERN, INC. By: By: Gary R. McCarthy, Mayor Jennifer Schnitzer, Executive Director and CEO City of Schenectady USTA Eastern, Inc. Reviewed: ____________________ by: Maxine L. Barasch, Esq. Corporation Counsel 6 19  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Issuance of Revocable Permit No. 689 to Solstice Kitchen LLC for a Sign That Will Overhang the City’s Right-of-Way at 515 State Street, Schenectady, N.Y. WHEREAS, Solstice Kitchen LLC would like to install a sign that will overhang the City’s right-of-way at 515 State Street, Schenectady, New York; and WHEREAS, the City Engineer recommends the issuance of a permit for the sign; and WHEREAS, said revocable permit shall be subject to standard conditions that include, but are not limited to, the required indemnification of the City for any and all lawsuits stemming from the installation of these items, securing and maintaining liability and casualty insurance, and the maintenance of the encumbrance on City property; and WHEREAS, said permit shall be subject to revocation at the discretion of the City Engineer: NOW THEREFORE BE IT, RESOLVED, that the City Engineer is hereby authorized to issue Revocable Permit No. 689 to Solstice Kitchen LLC for a sign that will overhang the City’s right-of-way at 515 State Street, Schenectady, New York. Subject to such terms, conditions and restrictions as may be justified in his expert professional opinion to safeguard the interests of the City. Approved as to form this ___ day of August, 2025. __________________________ Maxine L. Barasch, Esq. Corporation Counsel 20 21 22 23 24  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Redemption and Withdrawal of 246 Chiswell Road from Foreclosure. WHEREAS, 246 Chiswell Road (SBL# 60.63-1-32) was included on a List of Delinquent Properties in a foreclosure action filed by the City, having Index No. 2024-1194; and WHEREAS, the current owner is trying to sell the property and wishes to pay the taxes, interest, invoices, and other charges including a $1,000 administrative charge (collectively, the “funds for redemption”) at closing to redeem the property. The settlement also includes releases of any claims against the City of Schenectady by the parties involved; and NOW, THEREFORE BE IT, RESOLVED, that the City Council authorizes the Office of Corporation Counsel to withdraw the property from the foreclosure action so long as the closing and the funds for redemption are received by September 12, 2025. Approved as to form this ____ day of August, 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 25  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Redemption and Withdrawal of 1123 Sixth Avenue from Foreclosure. WHEREAS, 1123 Sixth Avenue (SBL# 49.55-1-11) was included on a List of Delinquent Properties in a foreclosure action filed by the City, having Index No. 2024-1194; and WHEREAS, the current owner is trying to sell the property and wishes to pay the taxes, interest, invoices, and other charges including a $1,000 administrative charge (collectively, the “funds for redemption”) at closing to redeem the property. The settlement also includes releases of any claims against the City of Schenectady by the parties involved; and NOW, THEREFORE BE IT, RESOLVED, that the City Council authorizes the Office of Corporation Counsel to withdraw the property from the foreclosure action so long as the closing and the funds for redemption are received by September 12, 2025. Approved as to form this ____ day of August, 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 26  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Awarding the Bid the Contract for Central Park Tennis Court Improvements to Gallo Construction Corporation. WHEREAS, the City of Schenectady Engineering Department solicited and received bids for “Central Park Tennis Court Improvements”; and WHEREAS, the City of Schenectady’s Engineering Department received seven bids; and NOW THEREFORE BE IT, RESOLVED, that the City Council, acting as a Board of Contract and Supply under Section C5-9 of the City Charter, confirms and ratifies the acceptance of the bid and the awarding of the contract to Gallo Construction Corporation of Watervliet, New York in the amount of $3,069,000.00. The funding of this project is through the capital budget, American Rescue Plan Act (ARPA) and through a third-party financing agreement; and IT IS FURTHER RESOLVED, that the Mayor or his designee is authorized execute the contract identified hereinabove, the terms of which shall be set by the City Purchasing Agent in cooperation with the Corporation Counsel. Approved as to form this ___ day of August 2025. __________________________ Maxine L. Barasch, Esq. Corporation Counsel 27  7500 Vestchestes Avenue, Suite 10Б Porchase, Hew Yor 10577 Teepmon: (911) 697-2300 UST ustaacom/astern 28