City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, March 2, 2020 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. Public Safety 1 NC4 Street Smart Software Eric Clifford 2 National Criminal History Improvement Program (NCHIP) Michael Seber 3 Equipment Transfer Agreement with General Electric Company Andrew Koldin City Development & Planning 1 Option Agreement Renewal for 917 State Street with Bethesda House Kristin Diotte 2 Cooperation Agreement between SURA, the Land Bank, and the City of Schenectady Kristin Diotte 3 Authorize the Issuance of Revocable Permit No. 651 to State Farm for a Sign that will Chris Wallin Overhang the City’s Right-of-Way at 525 Union Street 4 Review – Revere Avenue Rezoning/SEQR (Public Hearing held 02/10/2020) James Commodore 5 Sale of 111 Edward Street Maurice Brown, III 6 Sale of 313 Front Street Maurice Brown, III 7 Sale of 1012 Davis Terrace Maurice Brown, III 8 Sale of 1113 Pleasant Street Maurice Brown, III 9 Sale of 1229 Fifth Avenue Maurice Brown, III 10 Sale of 2439 Consaul Road Maurice Brown, III 11 Discussion – 3324 Kenwood Avenue Andrew Koldin Public Service & Utilities 1 Authorize the Mayor, or his Designee, to Enter into any Agreement with National Grid to John Coluccio Accept $50,000 in Reimbursable Funding from their Electric Vehicle Supply Equipment Program (EVSE) 2 Authorize the Mayor, or his Designee, to Enter into any Agreement with the New York State John Coluccio Energy Research and Development Authority (NYSERDA) to Accept $40,000 in Pre- Approved Funding from their Charge Ready NY Rebate Program 3 CCA Public Education and Outreach Plan and Opt-out Letter Andrew Koldin Health & Recreation 1 CR – Recognizing Certified Nurses Day Carmel Patrick 2 CR – Recognizing AOH Division 1, AOH Division 1 Ladies Order and all Immigrants from Karen Zalewski-Wildzunas Ireland and their Descendents 3 Use and Maintenance Agreement to Schenectady Inner City Ministry for an Urban Farm at Andrew Koldin Fehr Avenue Friday, February 28, 2020  Finance 1 2019 Budget Reallocation – Retro Payments Pursuant to Agreement between City of Anthony Ferrari Schenectady and Police Benevolent Association for 2018 and 2019 2 2020 Budget Reallocation - Pursuant to Agreement between City of Schenectady and Police Anthony Ferrari Benevolent Association for 2020 3 Discussion – Council Approval for any Contract Acceptance or Change Orders of a Certain John Mootooveren Amount 4 Purchasing Policy of the City of Schenectady John Polimeni Claims 1 Haradan Motorcar Corporation Tax Cert. Andrew Koldin 2 Siriak Tax Cert Andrew Koldin 3 Abakar v. City of Schenectady Andrew Koldin 4 Ishwar v. City of Schenecady Andrew Koldin 5 St. Luke’s v. City of Schenectady Andrew Koldin 6 Witecki v. City of Schenectady Andrew Koldin Friday, February 28, 2020  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety DATE: February 27, 2020 TO: COUNCILMEMBERS FROM: Chief Eric Clifford SUBJECT: NC4 Street Smart Software TO BE PLACED ON COUNCIL AGENDA OF: March 2, 2020 Background Information: Beginning in 1995 the Schenectady Police Department began working on computerizing and storing all its reports, arrests, field interviews, records and traffic summons. Around this time a search was conducted for a vendor whom could supply the City of Schenectady with software which would be secure, handle the growing workload of an urban department, as well as function as a tier 1 computer-aided dispatch. That vendor whom the city is still utilizing is Hitech, now doing business as Pulsiam. Today that database has grown, storing over 750 fields of data and with the department handling over 85,000 calls of service we expect this information store to become larger and larger. As we evolve we began looking at ways to extract this data in real time and to put it in the hands of our front line first responders and other agencies first responders in a manageable, actionable way. After searching for products that could cost-effectively do this all while not requiring years or hours upon hours of coding in the Universe, Unix, and proprietary language that our records management system is written in we located NC4 Street Smart. NC4 offers its services and can use preexisting services and features in our RMS to export data into actionable reports and interfaces in real time. NC4 is also the only vendor after a lengthy search that includes the interfaces to not only our RMS, CAD vendor but our AVL, LPR, VMS as well as codes department. It is for these reasons it is in the best interest of the Police Department to select NC4 to design, implement and support an actionable interface for all of these uniquely coded interfaces. The NC4 Street Smart will be purchased through grant funding that was already approved by the City Council in 2018, that grant is SHSP/LETPP FY2018, contract number is C175382 and budgeted at $89,000.00. The NC4 Street Smart project contract and cost is attached. Recommendation/Action The Police Department recommends acceptance of the NC4 Street Smarts software. LEGISLATION WILL BE PREPARED BY: Assistant Chief Michael Seber  STREET SMART LLC SOFTWARE-AS-A-SERVICE AGREEMENT This Street Smart Software-as-a-Service (“SaaS”) Agreement (“Agreement”) is entered into as of the last date of signature on the signature page of this Agreement (“Effective Date”) by and between Street Smart LLC, a Delaware limited liability company with its principal office located at 100 N. Sepulveda Blvd., Suite 230, El Segundo, CA 90245 (“Street Smart”), and the following: Customer Name: Schenectady Police Department (“Customer”) Address: 531 Liberty St. Schenectady, NY 12305 RECITALS WHEREAS, Street Smart is the owner of certain computer software programs, including its Street Smart software application (“Software”), and also provides configuration training, and other services related to the Software or purchased by Customer hereunder (“Services”); WHEREAS, the Software enables law enforcement agencies to exchange information necessary for daily law enforcement activities by providing real time data which allows police officers to pinpoint crimes, patterns, and incidents, thus allowing for, among other things, more expeditious crime fighting; WHEREAS, Street Smart provides to customers, access to the Software by way of its centrally web- hosted platform on a subscription basis as a Software-as-a-Service (SaaS) offering, as an alternative to self-hosting or obtaining a perpetual license with managed hosting services; WHEREAS, the Software can be configured to provide for data from various information feed sources to meet the Customer’s needs; WHEREAS, Customer now desires Street Smart to provide, and Street Smart desires to provide, Customer with access to the Software by way of Street Smart’s SaaS offering; and WHEREAS, Street Smart and Customer may sometimes be referred to herein each as “Party” or together as “Parties.” NOW, THEREFORE, based on the foregoing premises and the promises set forth below, the Parties agree as follows: AGREEMENT 1. Grant of License. 1.1. License Grant. During the Term, and subject to the terms and conditions of this Agreement, Street Smart hereby grants to Customer a limited, non-exclusive, non-transferable, non- assignable, license, on a subscription basis only, without the right to grant sublicenses, to access and use the Software via Street Smart’s web-based platform, over the Internet, as a SaaS solution, solely to support Customer’s normal course of business, as configured by Street Smart in accordance with Sections 2 and 3 below (“Solution”). The license is limited for use by Sworn Officers to the number set forth at Schedule A. Additional license fees will apply if Customer desires to add more Sworn Officers. Civilian workers that are directly employed by Customer may also use the Solution. However, Customer shall not provide any third party access to the STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 1  Software or Solution without Street Smart’s prior written consent. The license granted in this Section 1 shall also include modifications to the Solution or Software that Street Smart may make available to the Services that Customer procures from Street Smart. 1.2 Restrictions on Use. Customer shall not, and shall not permit others to, without Street Smart’s prior written consent: (i) exceed the number of permitted Sworn Officers set forth on Schedule A; (ii) license, sublicense, sell, resell, distribute, rent, lease, assign or transfer the Software or Solution to any third party; (iii) modify, customize, reverse engineer, adapt, reverse assemble, reverse compile or create derivative works of the Software or Solution or any part thereof; or (iv) use the Software to harass, abuse, threaten, infringe intellectual property, or otherwise cause harm to Street Smart or any third parties. 2. Initial Set Up and Configuration Services; Service Start Date. Upon execution of this Agreement, the Parties will work together to define Customer’s needs for configuring the SaaS Solution. Street Smart’s standard initial set-up includes training and connection to one feed (e.g., computer aided dispatch (CAD), records management system (RMS), or offender data base) as set forth on Schedule A. In addition, Street Smart shall configure and customize Customer’s RMS data and CAD for no more than the Initial Set Up Fee set forth in Schedule A. If Customer desires additional feeds, configuration or customization, a Statement of Work will be entered into and additional fees will apply, as set forth in Section 3 below. The service start date shall be the first to occur of (i) 90 days from the Effective Date of this Agreement, or (ii) completion of the Initial Set Up and Configuration Services under this Section 2 (“Service Start Date”). 3. Professional Services and Statements of Work. If additional Services are requested of Street Smart beyond the scope of the initial set up and configuration services set forth in Section 2 above, the Parties will enter into a mutually agreed upon Statement of Work (“SOW”) identifying the Services and tasks to be performed by Street Smart, and set forth an estimate of the hours and corresponding fees for such Services. Unless otherwise set forth in the SOW, all Services will be provided by Street Smart on a “time and material” basis at the rates identified in the SOW. 4. Customer Support. During the Term, Street Smart will provide Customer with the ability to report technical issues 24 x 7 for the Software/Solution. Response times to resolve issues are set forth at Street Smart’s Customer Support Policy, attached hereto as Schedule B. Telephone support shall be available to not more than three (3) named callers. Street Smart support includes troubleshooting, basic usability and navigation assistance. If applicable, Customer agrees to provide Street Smart access to production systems for purposes of customer support. 5. Service Level Agreement. Street Smart will provide the Services in accordance with the Service Level Agreement attached hereto as Schedule B. 6. Fees and Payment Terms. 6.1 Payment Terms. Fees and payment terms for the Initial Term of the Agreement are set forth in Schedule A, and will be paid to Street Smart by Customer. Fees for Services for any renewal term (“Renewal Term”) will be invoiced by Street Smart to Customer prior to the expiration of the Initial Term or any Renewal Term. If Customer chooses to not renew the Services, it will provide Street Smart with written notice of such decision at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. Customer shall pay to Street Smart all Fees due hereunder, as set forth in Schedule A or otherwise in writing by a SOW, purchase order, or other similar document, within thirty (30) days after receipt of Street Smart invoice. Unless otherwise instructed by Customer in writing, Street Smart shall send all invoices to the address specified at the introduction paragraph of this Agreement. STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 2  6.2 Expenses. Customer shall reimburse Street Smart for previously-approved reasonable travel expenses incurred while performing Services hereunder. Such expenses are not included in any estimate in a SOW unless expressly itemized. 6.3 Cancellation or Rescheduling of Meetings or Travel by Customer. If meetings are rescheduled or cancelled by Customer after Street Smart travel expenses have been incurred, Customer is responsible for penalties or other costs associated with changing or cancelling airline tickets. If services engagements are rescheduled or cancelled by Customer with less than twenty-four (24) hours’ notice to Street Smart, Customer is responsible for payment of eight (8) consulting hours plus any incurred travel expenses. 6.4 Interest. Street Smart may charge a service fee on late payments of the lesser of 2% per month or the highest rate allowable under law. 6.5 Taxes. Customer hereby asserts that it is exempt from the payment of taxes that might be applicable to the Services procured hereunder. 7. Ownership. 7.1 Solution. Customer acknowledges and agrees that it is acquiring only the right to access and use the SaaS Services, Solution and underlying Software licensed under this Agreement. Street Smart, or its licensors as the case may be, is the owner of all right, title, and interest in and to the Software and Solution and all components and copies thereof, all modifications thereto (including derivative works based on the Solution or underlying Software application), and changes to the Solution made by Street Smart pursuant to this Agreement, and all of the intellectual property rights in and to all of the foregoing. In no event shall title to all or any part of the Solution or underlying Software applications pass to Customer. Customer agrees that, as between the Parties, the Solution, all underlying Software applications, and all copies (in whole or part) shall remain the exclusive property of Street Smart, or its licensors as the case may be, and may not be copied or used except as expressly authorized by this Agreement. Any rights not expressly granted to Customer under this Agreement are retained by Street Smart. 7.2 Documentation and Training Materials. All Street Smart documentation and training materials provided by Street Smart hereunder, and all modifications thereto and intellectual property rights therein, shall be the sole and exclusive property of Street Smart. Customer may make copies of such documentation and training materials for its reasonable and ordinary internal training purposes only. All proprietary rights notices contained on the Street Smart documentation and training materials shall be reproduced on any copies. Subject to applicable open records laws, no copies of Street Smart documentation or training materials shall be provided to any third party or competitor of Street Smart. 7.3 Customer Data. (a) Customer hereby represents and warrants to Street Smart that it is the owner or licensee of all data and content entered into the Solution/Services (“Customer Data”). Customer acknowledges and agrees that it is solely responsible and liable for the Customer Data and its use of the Customer Data, including any data obtained or entered into the Solution by a third party. Customer further acknowledges and agrees that Street Smart is merely a provider of the SaaS Services and the Solution on which the Customer Data resides, is not an authoritative source of the Customer Data, and is in no way responsible or liable to Customer or any third party for the Customer Data. Therefore, Customer will use due diligence to validate the Customer Data that resides in the Solution prior to taking action on such data. Customer shall ensure compliance with all applicable laws and regulations, including 28 CFR Part 23 and the Criminal Justice Information Services (“CJIS”) requirements with respect to the Customer Data, and acknowledges and agrees that Street Smart shall have no responsibility or liability STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 3  with respect to Customer or the Customer Data being compliant with such regulations. Customer further represents and warrants to Street Smart that the Customer Data, or Customer’s use of the Customer Data in the Software/Solution, does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, violate the civil rights of any individual, or otherwise constitute the breach of any agreement with any other person or entity. Customer further represents and warrants that the Customer Data does not contain any illegal, threatening, harassing, libelous, false, defamatory, offensive, or other material that would violate applicable law or regulation. (b) Customer hereby authorizes Street Smart to access and use the Customer Data for the sole purpose of providing the Solution and Services hereunder. Street Smart will not share the Customer Data with any third parties, subject to Section 12.2 herein, or modify any of the Customer Data without Customer’s express written consent. Access to the Customer Data by Street Smart’s authorized representatives shall be conducted in a safe, secure, and reliable manner. 8. Limited Warranty; Customer Obligations. 8.1. Software/Solution Warranties. (a) Street Smart hereby represents and warrants to Customer (i) that the Solution provided under this Agreement will conform in all material respects as described in Street Smart’s published documentation (“Documentation”) and to Customer specifications that Street Smart has agreed to in writing and incorporated into this Agreement (“Specifications”); (ii) that Street Smart has the legal right to enter into and perform its obligations under this Agreement; and (iii) that, at the time of Customer access, to the best of Street Smart’s knowledge, the Solution provided under this Agreement does not violate or in any way infringe upon the intellectual property rights of any third party. For purposes of this Agreement, “knowledge” of a business entity shall mean the actual knowledge of its executive officers and key managers. Customer must promptly report any defects in the Solution to Street Smart in writing in order to receive the warranty remedy set forth in this Section 8.1(a). (b) Customer’s sole remedy, and Street Smart’s sole obligation, under this Software/Solution warranty shall be, at Street Smart’s discretion, to provide a work around or correction for, or replace, any defective or nonconforming Solution so as to enable the Solution to materially conform to the Documentation and Specifications or otherwise as warranted above. All issues will be worked in accordance with support timelines set forth in Schedule B. If Street Smart does not provide a work around or correction for, or replace, the Solution so that it materially conforms to the Documentation and Specifications within the resolution time provided by Street Smart to Customer, then Street Smart will, upon Customer’s written request for cancellation of the order, terminate the license and refund the license fee that was paid by Customer to Street Smart for the order. (c) Street Smart shall have no obligation under this warranty if the Solution has been used other than in accordance with this Agreement or the Documentation and Specifications. (d) THE REMEDIES SET FORTH IN THIS SECTION 8.1 ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTIES GIVEN BY Street Smart UNDER THIS SECTION 8.1. Street Smart AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS TO ANY PERSON OR ENTITY WITH RESPECT TO THE SOFTWARE OR SOLUTION (OTHER THAN THOSE SET FORTH IN THIS SECTION 8.1) OR ANY DERIVATIVES THEREOF AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, SYSTEM INTEGRATION, OR ENJOYMENT. 8.2 Services Warranties. STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 4  (a) Street Smart warrants to Customer that any professional services for a particular SOW will be performed in a manner consistent with generally accepted industry practices. Customer must report any deficiencies in the Services to Street Smart in writing within ninety (90) days of completion of the Services for that particular SOW or order in order to receive the warranty remedy set forth in this Section 8.2. (b) If the Services are not performed in a manner consistent with generally accepted industry practices, then Street Smart’s sole obligation under this service warranty shall be to re-perform the defective services at no cost to Customer. For any breach of the services warranty set forth in this Section 8.2, Customer’s sole remedy, and Street Smart’s sole liability, shall be the re-performance of the Services at no cost to Customer, and if Street Smart fails to re-perform the Services as warranted within the resolution time mutually agreed upon by Street Smart and Customer, Customer shall be entitled to a refund of the fees paid by Customer to Street Smart for the deficient services and to immediately terminate the particular statement of work without liability. (c) STREET SMART AND ITS SUBCONTRACTORS MAKE NO WARRANTIES OR CONDITIONS TO ANY PERSON OR ENTITY WITH RESPECT TO THE SERVICES (OTHER THAN THOSE SET FORTH IN THIS SECTION 8.2) AND DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF WORKMANSHIP, MERCHANTABIITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 8.3 Customer’s Actions. In the event that Customer is required to provide any information or take any actions to facilitate the access and use of the Services and/or Solution, Customer will use good faith efforts to provide Street Smart with the required information or take the required actions in a timely manner. 9. LIMITATION OF LIABILITY. TO THE EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, THE SAAS SERVICES, SOFTWARE AND SOLUTION ARE PROVIDED BY STREET SMART TO CUSTOMER ON AN “AS IS” BASIS. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, STREET SMART DOES NOT WARRANT THAT THE SOFTWARE OR SOLUTION WILL BE UNINTERRUPTED OR ERROR FREE, OR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE OR SOLUTION. IN NO EVENT SHALL STREET SMART OR ITS LICENSORS, AFFILIATES, CONTRACTORS, MANAGERS, MEMBERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR LOSS OR INACCURACY OF DATA OR SYSTEM USE, DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, OR ANY OTHER INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES IN CONNECTION WITH CUSTOMER’S USE OF THE SAAS SERVICES, SOFTWARE OR SOLUTION, STREET SMART’S PROVISION OF ANY PROFESSIONAL SERVICES, OR THIS AGREEMENT, UNDER CONTRACT, TORT, STRICT LIABILTY OR OTHER LEGAL OR EQUITABLE THEORY. THIS LIMITATION SHALL APPLY EVEN IF STREET SMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, AND THAT THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT FOR THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF STREET SMART, IN NO EVENT SHALL THE TOTAL LIABILITY OF STREET SMART AND ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILTY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, EXCEED THE FEES PAID FOR THE SOFTWARE, SOLUTION OR SERVICES, ON STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 5 A PER-ORDER BASIS, WHICH ARE THE DIRECT CAUSE OF THE DAMAGES OR LIABILITY CLAIMED. IN NO EVENT SHALL STREET SMART HAVE ANY LIABILITY FOR CUSTOMER’S MISUSE OR FAILURE TO USE THE SOLUTION. 10. Indemnification 10.1 General Indemnification. To the extent authorized by applicable law, each Party (the “Indemnifying Party”) shall indemnify and hold harmless the other against any and all third party claims of personal injury or property damage to the extent such damages are caused by such Party’s gross negligence or willful misconduct. Customer will cooperate and assist Street Smart in defending any third party claim resulting in any way from Customer’s actions or Customer Data. The Indemnifying Party shall pay any and all damages awarded against or otherwise incurred by the other Party in connection with or arising from any such claim, suit, action, or proceeding. A Party shall be entitled to indemnification only if (a) within 15 days of its discovery of a potential claim it notifies the other in writing of such claim in sufficient detail to enable the Indemnifying Party to evaluate the claim; (b) the Party cooperates in all reasonable respects with the investigation, trial and defense of such claim and any appeal arising therefrom; and (c) it works with the Indemnifying Party in good faith and agrees to give the Indemnifying Party reasonable input into the resolution or settlement of any claim. 10.2 Infringement. Street Smart will defend, indemnify and hold harmless Customer against any and all third party claims that the Software or Solution infringes any registered U.S. copyrights of such third party that are issued as of the delivery date of the Solution to Customer. Street Smart shall pay any and all costs, damages, and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Customer in connection with or arising from any such claim, suit, action, or proceeding. Customer shall be entitled to indemnification only if (a) within 15 days of its discovery of a potential claim it notifies Street Smart in writing of such claim in sufficient detail to enable the Street Smart to evaluate the claim, and (b) Customer cooperates in all reasonable respects, at Street Smart’s cost and expense, with the investigation, trial and defense of such claim and any appeal arising therefrom. Should the Solution become, or in Street Smart’s opinion be likely to become, the subject of such a claim of misappropriation or infringement, Street Smart at its sole option, shall either: (a) procure for Customer the right to continue using the Solution, (b) replace such Solution with functionally- equivalent software, or modify such Solution to make it non-infringing, or (c) if neither option (a) nor (b) is reasonably available, terminate this Agreement and refund any pre-paid fees to Customer, pro-rated for the balance remaining in the then-current subscription term. Street Smart shall have no liability with respect to infringement of any proprietary right, except as set forth in this Section 10.2. 11. Term and Termination. 11.1 Term. This Agreement shall commence as of the Effective Date and continue in full force and effect for the three (3) year Initial Term set forth in Schedule A, and automatically renew annually thereafter, each a Renewal Term, unless otherwise terminated in accordance with Section 11.2 below. 11.2 Termination. This Agreement may be terminated as follows: 11.2.1 Termination for Convenience. If either Party desires to discontinue any Services under this Agreement beyond the Initial Term, the Party may do so by providing written notice of non- renewal of the particular Services at least thirty (30) days prior to the end of the Initial Term or any Renewal Term. There is no termination for convenience during the Initial Term set forth at Schedule A or any Renewal Term. 11.2.2 Termination for Cause. (a) Either Party may terminate this Agreement if the other Party breaches any of the material terms and fails to cure such breach within 30 days after STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 6  receipt of written notice of such breach, or, if the breach cannot be reasonably cured within said period, to promptly commence to cure and diligently proceed until cured. (b) Either Party may terminate this Agreement if the other Party (i) becomes insolvent, (ii) makes an assignment for the benefit of creditors, (iii) files or has filed against it a petition in bankruptcy or seeking reorganization, (iv) has a receiver appointed, or (v) institutes any proceedings for the liquidation or winding up; provided, however, that, in the case any of the foregoing is involuntary, such Party shall only be in breach if such petition or proceeding has not been dismissed within 90 days. (c) If the breaching Party cures any such breach as provided herein, this Agreement shall continue unabated and the breaching Party shall not be liable to the other for any loss, damage or expense arising out of or from, resulting from, related to, in connection with or as a consequence of any said breach. 11.3 Effect of Termination. Upon termination or expiration of this Agreement, Street Smart shall have the right to terminate Customer’s access to the SaaS Services and Solution and discontinue Services to Customer. 11.4 Data Release. If requested by Customer prior to the termination or expiration of this Agreement, Street Smart will assist Customer with the release or copying of any Customer Data contained within the Solution, subject to Customer signing a data release agreement. Upon such request, Street Smart shall provide a work order to Customer which outlines the level of effort, at the prevailing professional services rates, in support of such data release. Customer shall either accept or reject the work order within thirty (30) days of receipt of said work order. If Customer fails to provide written acceptance or rejection of said work order within thirty (30) days, the work order will be deemed to be rejected, and Street Smart shall have the right to remove, delete, or destroy the Customer Data from the Solution. 11.5 Survival. The provisions of Sections 6, 7, 8, 9, 10, 11 and 12 shall survive the termination of this Agreement. 12. General Provisions. 12.1 Binding Agreement. This Agreement is binding on the heirs, executors, administrators, successors and permitted assigns of the Parties. 12.2 Confidentiality. During the term of this Agreement and at all times thereafter, each Party shall, and shall ensure that its respective directors, officers, employees, contractors and agents hold any and all Confidential Information disclosed by the other Party pursuant to this Agreement in the strictest confidence and in accordance with state and federal law. “Confidential Information” shall include without limitation all information and records whether oral or written or disclosed prior to or subsequent to the execution of this Agreement which has been marked “Confidential” or should reasonably be considered confidential, such as patents, utilization review, quality assessment, finances, volume of business, methods of operation, trade secrets, contracts, and prices, and price-related information. Each Party shall destroy any Confidential Information received from the other following the Event for which the Solution has been designed. Each Party agrees that disclosure of the other’s Confidential Information other than in accordance with this Agreement shall cause irreparable injury to the other, and that the other Party shall be entitled to injunctive relief to prevent one another’s breach of this Section. Nothing in this Section shall restrict either Party with respect to information or data: (i) that such Party rightfully possessed before it received the information from the other, as evidenced by written documentation of such STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 7 possession; (ii) that subsequently becomes publicly available through no fault of such Party; (iii) that is subsequently furnished rightfully to such Party by a third party (excluding affiliates of the other) not known to be under restrictions on use or disclosure; (iv) that is required to be disclosed by applicable law (solely to the extent of such requirement), provided that the disclosing Party will exercise reasonable efforts to notify the other prior to disclosure; or (v) that is independently developed by such Party without any confidential information of the other. 12.3 Assignment. This Agreement is not assignable by either Party without the prior written consent of the other. Notwithstanding the foregoing, upon reasonable notice, either party may assign all or any part of its rights and obligations under this Agreement without consent to (a) an entity resulting from any merger, consolidation or other reorganization of the assigning party, (b) any operating entity controlling the assigning party, or owned or controlled, directly or indirectly, by the assigning party, (c) any affiliate of the assigning party, or (d) any of all or substantially all of the assets of the assigning party. 12.4 No Waiver. If either Party waives any breach by the other, it shall not be construed as a waiver of any subsequent breach. Each Party’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available even though not expressly referred to herein. 12.5 Electronic Media. A copy of this Agreement and the signatures affixed hereto transmitted and delivered by facsimile or electronic mail shall be deemed to be originals for all purposes. In addition, either Party may scan or otherwise convert this Agreement into an electronic and/or digital media file, and a copy of this Agreement or the electronic data file produced from any such electronic or digital media format may serve and be given the same legal force and effect as the original. 12.6 Right to Subcontract. Street Smart may subcontract for the provision of certain portions of the Solution under this Agreement. Customer acknowledges and agrees that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Street Smart to provide any service set forth herein to Customer, and bind Customer to said subcontractor(s) with the same force and effect as they bind Customer to Street Smart. 12.7 Entire Agreement. This Agreement, including the attachments hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous oral or written statements, proposals, communications, negotiations, agreements, advertising and marketing including correspondence, brochures and Internet websites. 12.8 Force Majeure. Neither Party shall be held liable for any damages or penalty for delay in the performance of its obligations hereunder when such delay is due to earthquake, flood, fire, hurricane, power failure, tornado, terror, riot, war, or other event or disaster beyond the Party’s control, provided the Party uses reasonable efforts seeking to (a) mitigate the consequences and (b) promptly notify the other Party. 12.9 Notices. Any notice required or permitted under this Agreement shall be in writing, shall reference this Agreement and will be deemed given: (i) upon personal delivery to the appropriate address; or (ii) three (3) business days after the date of mailing if sent by certified or registered mail; or (iii) one (1) business day after the date of deposit with a commercial courier service offering next business day service with confirmation of delivery. All communications shall be sent to the contact information set forth below or to such other contact information as may be designated by a Party by giving written notice to the other Party pursuant to this provision: To Street Smart: Street Smart LLC 100 N. Sepulveda Blvd, Suite 230 STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 8  El Segundo, CA 90245 Attn: Randall Smith Email: legal-notices@StreetSmart247.com With copy to: Street Smart LLC 100 N. Sepulveda Blvd, Suite 230 El Segundo, CA 90245 Attn: General Counsel Email: legal-notices@StreetSmart247.com To Customer: Schenectady Police Department 531 Liberty St. Schenectady, NY 12305 Attn: __________________ 12.10 Severability. If any provision of this Agreement is determined by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement, and such provisions shall be interpreted so as to effectuate the intent and purpose of the Parties. 12.11 Waiver and Modification. Waiver of any breach or failure to enforce any term of this Agreement shall not be deemed a waiver of any breach or right to enforce which may thereafter occur. Any waiver of any provision of this Agreement shall be effective only if in writing and signed by both Parties. 12.12 Modifications. Any amendment, supplementation or other modification of any provision of this Agreement shall be effective only if in writing and signed by both Parties. It is the intent of the Parties that this Section 12.12 shall expressly apply to exclude any additional or conflicting terms in any purchase order or similar ordering document (“PO”) issued by Customer, and requires instead a writing between the Parties that is separate and apart from any such PO to amend or add to this Agreement. 12.13 Relationship of Parties. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of legal association between the Parties and each Party is an independent contractor. 12.14 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed an original. 12.15 Non-Solicitation of Employees. Each Party agrees that during the term of this Agreement and for a period of two years after its expiration or termination, neither Party will solicit or encourage any employee or consultant to discontinue their employment or engagement with the other Party. This provision shall not apply to employment opportunities of either Party advertised to the general public (e.g., newspaper advertisement, internet advertisement or listing, etc.) to which an employee of either Party may respond. 12.16 Compliance with Laws. The Parties agree to fully comply with all laws and regulations in the performance of this Agreement, including all relevant export and import laws and regulations of the United States. Further, if applicable, Customer agrees to fully comply with 28 CFR Part 23. 12.17 Choice of Law; Dispute Resolution; Jurisdiction; Venue. This Agreement and all amendments, modifications, alterations, or supplements hereto, and the rights of the Parties hereunder shall be construed under, and be governed by, the substantive laws of the State of California, without STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 9 regard to any conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. If there is a dispute between the Parties relating to this Agreement, the Parties shall first attempt to resolve the dispute by escalating the dispute within their respective organizations. Any litigation arising out of or relating to this Agreement shall take place nonexclusively in the appropriate state or federal court in Los Angeles County, California. 12.18 Paragraph Headings. The paragraph titles used herein are for convenience of the Parties only and shall not be considered in construing the provisions of this Agreement. 12.19 Publicity. No publicity, including, but not limited to press releases concerning this Agreement, or the relationship between the Parties, shall be issued by either Party without the prior written consent of the other Party, which shall not be unreasonably withheld. 12.20 Order of Precedence; Governing Documents. If a purchase order or similar ordering document is issued by Customer for the Solution and/or Services hereunder, the Parties hereby agree that the terms and conditions of this Agreement shall govern and take precedence over any different or additional terms and conditions of such purchase order or similar document. 12.21 Authority to Bind. Each Party hereby represents and warrants that the Party signing below has full right, power and authority to enter into this Agreement and bind such Party accordingly. IN WITNESS WHEREOF, and intending to be legally bound, the Parties have executed or caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. STREET SMART LLC Schenectady Police Department By By Name Name Title Title Date Date STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 10  SCHEDULE A PRODUCTS & PRICING SCHEDULE Customer Name and Address: Schenectady Police Department (“Customer”) 531 Liberty St. Schenectady, NY 12305 Attn: Eric Clifford Prepared By: Kevin Moore Street Smart Contracts Rep: Vicki Hamilton Initial Term: Commencing on the Effective Date of the Agreement and continuing for three (3) years following the Service Start Date Product/Services Selected: Street Smart SaaS Solution Number of Sworn Officers: [ 160 ] sworn officers at [$ 150.00] per officer per year FEES Initial Set-up Fee (One-time) Includes baseline software setup, customization, and base connection to a CAD feed (24 man hours allocated for CAD, T&M if more required). Includes $ 15,000 baseline software setup, configuration and base connection of one (1) computer aided dispatch (CAD) feed and one (1) RMS feed. Additional Optional Pricing for Feeds Additional Feed (TBD) $ 5,000 Additional Feed (TBD) $ 5,000 Additional Feed (TBD) $ 5,000 Street Smart SaaS Solution Fees Year 1 SaaS Fees $ 24,000 TOTAL FEES – [Three] (3) Year Cost of Street Smart SaaS Solution Set-Up Fees $ 15,000 Additional Feeds $ 15,000 SaaS Fees (1 year) $ 24,000 Total Year 1 Fees (including optional feeds) $ 54,000 Year 2 Fees $ 24,000 Year 3 Fees $ 24,000 INVOICING AND PAYMENT TERMS Invoicing. Unless otherwise agreed by the parties, Street Smart will invoice Customer for the Year 1 Fees at the commencement of the Service Start Date, to include Year 1 SaaS Fees and the Initial Set-up Fees, for a total Year 1 cost of $39,000.00. Year 2 and Year 3 fees will be invoiced at the anniversary date of the Service Start Date. Additional feeds will be invoiced upon completion of each. Payment Terms. Payments are due no later than thirty (30) days after receipt of Street Smart invoice. Additional Fees. Credit card payments are subject to a 3% processing fee. STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 11 STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 12  SCHEDULE B Street Smart SAAS SOLUTION Service Levels and Standard Customer Support Policy Three ways to contact Support: Phone: 866.924.4644 Email: support@StreetSmart247.com Support site: https://supportcenter.StreetSmart247.com Uptime Availability Street Smart will maintain 98% total availability of the software and Service to Company (for purposes of this support policy, “Company” shall refer to Street Smart’s Customer) measured on a monthly basis, excluding scheduled maintenance of four (4) hours per month or less (“Scheduled Maintenance”). Street Smart will provide Company with a minimum of forty-eight (48) hour notice of any Scheduled Maintenance to those person(s) specified by Company in writing as the primary contact(s). Scheduled Maintenance will be performed outside of normal business hours, as defined Monday through Friday (except holidays) from 8AM ET to 8PM ET (“Normal Business Hours”.) Emergency repairs will be performed as required and Street Smart will promptly notify Company of such action. Service Level Definitions LEVEL 1 – Support provides the following services: • Forgotten ID’s and passwords • Account expiry issues (ID and password changes) • Day-to-day use of the Street Smart Software • Connectivity issues including LAN, wireless access from the patrol cars and Internet access • Initial triage of the support request to determine the next level of support, if required • Logging the call and tracking its progress through to resolution LEVEL 2 – Support provides the following services which includes a more detailed understanding of the inner workings of the application: • Additional contact with the customer to continue to triage the support request and resolve items such as: o Data issues including integrity and accuracy o Problems with maps including geo-location inaccuracies o Problem with CAD or other related Crime data feeds o Problems with included third-party components o Server imbalance o Performance issue o Interface with Level 3 support team to help identify a resolution LEVEL 3 – Support services provide code level changes to the application • Identification and resolution of a software failure which requires a patch or fix • Provide assistance to level 2 support to identify problems and provide solutions that can be applied without code changes STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 13 Severities Severity 1 Definition: High Priority System down or unavailable for use. To report a severity 1 Critical problem or to submit a severity 1 service request, the customer must provide two contact names (primary and backup) and their phone numbers before the request is accepted as severity 1. Initial Response All severity 1 problem reports or service requests will be Time responded to within 2 hrs. This type of request is available for submission and response 24x7. Street Smart will provide the status of the work request every hour on the hour via telephone to the customer via the contact points mentioned above. Resolution Time As the resolution time depends on the type of problem or request, it cannot be determined in advance. Street Smart support team will work 24 hrs a day, 7 days a week until the problem is resolved. During this period, the customer must be available to help with the problem determination and resolution. Once the problem is identified, Street Smart will provide Licensee with a resolution time (“Resolution Commitment Date”). Severity 2 Definition: Medium Priority Major functions down or not working as expected. Adversely affects and prevents the accomplishment of an operational or mission essential function. Typically a workaround is not available. Initial Response All severity 2 problem reports or service requests can be Time submitted to the Support Center 24/7. However, responses to these requests will only be made between Monday through Friday, 8AM EST to 8PM EST. Requests will be responded to within 4 hrs during these business hours. Street Smart will provide the status of the work request on a daily basis at the beginning of each day via telephone to the requester or by email. Resolution Time As the resolution time is depended on the type of problem or request, it cannot be determined in advance. Street Smart support team will work on the problem / request during normal office hours until the problem is resolved. During this period, the customer must be available to help with the problem determination and resolution. Once the problem is identified, Street Smart will provide Licensee with a resolution time (“Resolution Commitment Date”). Severity 3 Definition: Low Priority Minor function down or not working as expected / STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 14  cosmetic issues. Adversely affects (but does not prevent) the accomplishment of an operational or mission essential function. Typically a workaround is available. Priority Three Defects do not include aborts or loss of data. Initial Response All severity 3 problem reports or service requests can be Time submitted to the Support Center 24/7. However, responses to these requests will only be made between Monday through Friday, 8AM EST and 8PM EST. During these business hours, requests will be responded to within 24 hrs. Street Smart will provide the status of the work request every three days the beginning of each day via telephone to the requester or by email. Resolution Time As the resolution time depends on the type of problem or request, it cannot be determined in advance. Street Smart support team will work on the problem / request during normal office hours until the problem is resolved. During this period, the customer must be available to help with the problem determination and resolution. Severity 4 Definition: Low Priority Enhancement, feature/user request or training. May include password resets or training questions. Initial Response All severity 4 problem reports or service requests can be Time submitted to the Support Center 24/7. However, responses to these requests will only be made between Monday through Friday, 8AM EST and 8PM EST. During these business hours, requests will be responded to within 24 hrs. Resolution Time Street Smart support team will work on the problem / request during normal office hours until the problem is resolved with the assistance of the customer. Remedy If Street Smart does not meet its system availability commitment of 98%, as set forth above, upon Company’s timely request, which request shall be made no later than ninety (90) days following any such event, a credit will be applied based on the proportion of such deficiency (the amount less than 98%) to the total number of hours in a month. Company may apply the credit against the next applicable subsequent billing period or renewal term fees. Service credits will only apply to problems associated with Street Smart and its network or data center. No credit will be given if it is determined the problem is at Company, the Internet, or otherwise out of Street Smart’s control. STREET SMART_[Schenectady Police Department] (Street Smart SaaS) (v01292020) 15  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety DATE: February 27, 2020 TO: COUNCILMEMBERS FROM: Assistant Chief Michael Seber SUBJECT: National Criminal History Improvement Program (NCHIP) TO BE PLACED ON COUNCIL AGENDA OF: March 2, 2020 Background Information: The City of Schenectady Police Department has been awarded $20,000 by the Division of Criminal Justice Services (DCJS) for the purpose of purchasing and installing two Livescan machines to replace outdated/end of life Livescan equipment. This equipment will allow the Police Department to fingerprint and photograph arrestee’s and transmit that data to DCJS. This grant is provided by DCJS with funds from the Federal Fiscal Year (FYY) 2019 NYS National Criminal History Improvement Program. The total cost of the equipment is approximately $50,000-$55,000. The difference in funding has already been established within the Police Department’s 2020 operational funds. Recommendation/Action The Police Department recommends acceptance of this grant award. LEGISLATION WILL BE PREPARED BY: Assistant Chief Michael Seber   ANDREW M. CUOMO MICHAEL C. GREEN JEFFREY P. BENDER Governor Executive Deputy Commissioner Deputy Commissioner GrantAwardNotice Grantee/Contractor(Subrecipient):  Date:February26,2020 SchenectadyCityPoliceDepartment  DUNS#:060529898  PeriodofPerformance: 04/01/2020to06/30/2021 ProgramName:LivescanEquipmentProgram  AwardAmount1:$20,000  ContactName:GaryMcCarthy  Application/InformationReturnDate:  Within30daysofreceiptofthisawardnotice Email:gmccarthy@schenectadyny.gov  Contract#:T662247  GMSProjectID#:LS19Ͳ1044ͲE00 DCJS#:CH19662247    ProjectDescription/FundingPurpose: DCJSispleasedtonotifyyouofthisLivescanequipmentgrantawardforexpensesassociatedwiththepurchaseand installationofLivescanequipmenttoreplaceoutdated/endoflifeLivescanorCardscanequipment(includingsoftware) intendedtobeusedtotransmitprintstoDCJS.ThisgrantisprovidedbyDCJSwithfundsfromtheFederalFiscalYear (FYY)2019NewYorkStateNationalCriminalHistoryImprovementProgram.Pleasebeadvisedthatduetofunding constraintsallequipmentmustbeordered,purchased,receivedandinstalledbythecontractenddateofJune30, 2021toqualifyforreimbursement.ADCJSGrantRepresentativewillbeincontacttoassistyouwiththecontract developmentprocess.Pleasereviewthecurrentapplicablegrantrequirementsontheattachedandalsolocatedon theDCJSwebsiteat:http://www.criminaljustice.ny.gov/ofpa/applcntgrntfrms.html.Intheinterim,ifyouhaveany questions,pleasecontactJodiClarkat(518)485Ͳ0913orJodi.Clark@dcjs.ny.gov.Congratulationsonyouraward. DCJSlooksforwardtoworkingwithyouonthisimportantproject.  AdditionalInformation: FederalAwardIdentificationInformation AwardName:NationalCriminalHistoryImprovementProgram(NCHIP) FederalAwardNumber:2019ͲRUͲBXͲK028 NameoftheFederalAwardAgency:U.S.DepartmentofJustice,BureauofJusticeStatistics FederalAwardDate:September19,2019 TotalAmountofFederalAward:$4,064,604 FederalFiscalYearofFunds:2019 CatalogofFederalDomesticAssistance(CFDA)Title:NationalCriminalHistoryImprovementProgram(NCHIP) CFDANumber:16.554ResearchandDevelopment:No IndirectCostRate:FederallyapprovedrateorsubmitrateforDCJSreviewandapproval  GrantQuestions: KathleenStack,PublicSafetyGrantsRepresentative,DCJSOfficeofProgramDevelopmentandFunding (518)485Ͳ1095orkathleen.stack@dcjs.ny.gov. Attachment(1)   1 ContingentuponavailabilityoffundingandapprovalbytheAttorneyGeneralandtheOfficeoftheState Comptroller.   CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 28, 2020 TO: City Council FROM: Kristin Diotte, Director of Development SUBJECT: Approval to amend an option agreement with Bethesda House on the sale of 917 State Street Background Information: Bethesda House has an option agreement with the City of Schenectady for 917 State Street with the intention to develop supportive, affordable housing on the site. Evaluation/Analysis: The term of the current option agreement expired in 2019. The term would be extended to 2021 to accommodate funding application timelines that would make the project possible. Recommendation: Approval from the City Council for the City to amend an Option Agreement with Bethesda House of Schenectady for the above mentioned property at 917 State Street. LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 27, 2020 TO: City Council FROM: Kristin Diotte, Director of Development SUBJECT: Cooperation Agreement between the City of Schenectady and Land Reutilization Corporation of the Capital District Background Information: The City of Schenectady and the Capital District Land Bank have historically cooperated together to meet the mutual goals of the reduction of blight and vacancy in the City of Schenectady. The City of Schenectady has identified a number of blighted properties, which are outlined below in Schedule A. Evaluation/Analysis: To continue to address the issues of vacancy and blight within the city of Schenectady, it is necessary to enter an agreement with the Capital Region Lank Bank to allow for access, work and possible demolition of the properties include below in Schedule A. Recommendation: Authorize the Mayor of the City of Schenectady to enter a Cooperation Agreement with the Capital District Land Bank LEGISLATION WILL BE PREPARED BY: Law Department________________  SCHEDULE A DESCRIPTION OF PROJECT PROPERTIES Properties currently owned by the City or SURA 1052 Barrett Street 39.65-2-33 1062 Barrett Street 39.65-2-34 1101 Barrett Street 39.57-4-30 726 Bridge Street 49.47-2-4 815 Bridge Street 49.39-2-26 552 Crane Street 49.38-1-17 578 Crane Street 49.38-1-23 636 Crane Street 49.38-1-31 642 Crane Street 49.38-1-32 658 Crane Street 49.38-3-6 702 Crane Street 49.46-3-9 956 Crane Street 49.55-1-2.1 962 Crane Street 49.55-1-3 1002 Crane Street 49.55-1-4.1 742 Eastern Avenue 39.74-3-6 1213 First Avenue 49.38-2-13 1520 Fifth Avenue 49.54-3-2 16 Jefferson Street 39.56-2-20 1026 Third Avenue 49.46-3-16 1530 Third Avenue 49.45-3-59 1336 Eighth Avenue 49.62-5-3 1568 Van Vranken Avenue 39.51-1-48 602 Orchard Street 49.38-2-14 10 Nott Terrace Heights 39.73-2-24 1601 Foster Avenue 39.50-2-15 1612 Carrie Street 39.51-1-6 822 Davis Terrace 49.53-2-7 845 Oakwood Ave 49.56-1-37 834 Cutler Street 49.53-3-10 614 Lansing Street 49.39-1-4 1041 Glendale Place 49.61-2-32 1534 Third Avenue 49.45-3-60 717 Bailey Street 49.45-3-28 1467 Broadway 49.37-1-11 Properties proposed to be acquired by the City by tax foreclosure or abandonment proceedings 938 Crane Street 49.47-1-14 929 Pleasant Street 49.47-1-18 933 Pleasant Street 49.47-1-17.1 1066 Chrisler Street 49.55-3-9 746 Eastern Avenue 39.74-3-8 Properties previously named in Cooperation Agreement dated July 6, 2017 to remain: 708 Union Street 39.73-1-4 902 Crane Street 49.47-1-8.11 929 Crane Street 49.47-3-34 1313 Sixth Avenue 49.54-4-16 802 Bridge Street 49.47-2-6 910 Bridge Street 49.47-2-19 1118 Fourth Avenue 49.46-5-45 1222-1224 Third Avenue 49.46-2-28 856 Crane Street 49.46-5-34 1058 Crane Street 49.55-2-11 1402 Sixth Avenue 49.62-2-2 956 Crane Street 49.55-1-2.1 1360 Crane Street 49.71-3-8 928 Pleasant Street 49.54-2-23 1202-04 Fourth Avenue 49.46-5-47 1234 Fourth Avenue 49.46-5-52 109 Irving Street 39.82-2-40 851 Eastern Avenue 39.83-2-45 1230 Fourth Avenue 49.46-5-51  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, March 02, 2020 From: James Commodore Subject Review - Revere Avenue - Rezoning / SEQR (Public Hearing was held on 02/10/2020) Background Info: Public Hearing was held on February 10, 2020. Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, March 02, 2020 From: Maurice Brown, III Subject Sale of 111 Edward Street Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, March 02, 2020 From: Maurice Brown, III Subject Sale of 313 Front Street Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, March 02, 2020 From: Maurice Brown, III Subject Sale of 1012 Davis Terrace Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, March 02, 2020 From: Maurice Brown, III Subject Sale of 1113 Pleasant Street Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, March 02, 2020 From: Maurice Brown, III Subject Sale of 1229 Fifth Avenue Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/2/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 2439 Consaul Rd. Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, March 02, 2020 From: Andrew Koldin Subject Discussion - 3324 Kenwood Avenue Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: FINANCE DATE: March 2, 2020 TO: City Council FROM: John P. Coluccio, Signal Superintendent SUBJECT: Authorize the Mayor, or his designee, to enter into any agreement with National Grid to accept $50,000 in reimbursable funding from their Electric Vehicle Supply Equipment Program (EVSE). TO BE PLACED ON COUNCIL AGENDA OF: March 9, 2020 Background Information: The City of Schenectady completed an application to obtain funding for the installation of 10 - Level 2 Electric Vehicle Charging Stations through National Grid’s Electric Transportation and Charging Program and subsequently was approved for the reimbursement of $50,000 for installation cost of these units. Evaluation/Analysis: The City of Schenectady was awarded up to $50,000 to defer the cost of installation of 10 Electric Vehicle Charging Stations on Liberty Street between Clinton Street and Lafayette Street in order to expand our current footprint of vehicle charging stations located in the City of Schenectady. There are no local matching funds required for this grant. Recommendation: We respectfully recommend that the City Council authorize the Mayor, or his designee, to enter into any agreement with National Grid to accept $50,000 in reimbursed funding under this EVSE Infrastructure project. LEGISLATION WILL BE PREPARED BY: Law Department  Stacey L. Hughes Project Manager – Electric Vehicles Beneficial Electrification 518-433-3580 Stacey.hughes@nationalgrid.com Honorable Gary McCarthy – Mayor City of Schenectady 105 Jay Street Schenectady, NY 12305 January 16, 2020 RE: City of Schenectady - EV Charging Station Approvals Dear Mayor McCarthy, Your National Grid EVSE program application has been approved for reimbursement for no more than: $50,000 for installation of 10 Level 2 charging station ports. You can start construction anytime - please keep us posted on your progress. We may contact you for a site visit soon. Please see the attached installation and related as-built drawing document. We have provided some guidance for installation and requirements for as-built drawings and project information to accurately record the infrastructure for National Grid and Dig Safe locational purposes. In addition, as required, we need to establish a point of contact (“POC”) for the EV communication/education materials your vendor may have discussed with you and as indicated in the Terms and Conditions. The POC should be the person or persons in your organization who can review, edit and disseminate the monthly “EV IQ” educational materials that Anna Vanderspek from Green Energy Consumers will be sending. Please fill out the attached form and return to me, Tim, Nicole and Anna, cc’d on the e-mail, with the best contact name (and associated e-mail address) for this purpose. We will follow up with your designated POC as soon as possible after we receive it to discuss process and timing regarding the Leadership requirements. Again, thank you so much for applying for the EVSE Infrastructure program. Please don’t forget to pursue NYSERDA or other available funding to further drive down the cost of your EVSE project. With sincere thanks, Stacey, Nicole, Tim and Anna Attachments  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: FINANCE DATE: March 2, 2020 TO: City Council FROM: John P. Coluccio, Signal Superintendent SUBJECT: Authorize the Mayor, or his designee, to enter into any agreement with the New York State Energy Research and Development Authority (NYSERDA) to accept $40,000 in pre-approved funding from their Charge Ready NY rebate program. TO BE PLACED ON COUNCIL AGENDA OF: March 9, 2020 Background Information: The City of Schenectady completed an application to obtain rebate funding for the purchase of 10 - Level 2 Electric Vehicle Charging Stations through NYSERDA’S Charge Ready NY Program. Evaluation/Analysis: The City of Schenectady was preapproved for $40,000 in rebate funding pending completion of the purchase and installation in 180 days. The City of Schenectady has proposed the purchase and subsequent installation of 10 Electric Vehicle Charging Stations on Liberty Street between Clinton Street and Lafayette Street with this funding in order to expand our current footprint of vehicle charging stations located in the City of Schenectady. Recommendation: We respectfully recommend that the City Council authorize the Mayor, or his designee, to enter into an agreement with NYSERDA to pursue the installation of these 10 Electric Vehicle charging stations as proposed and seek reimbursement from this available program. LEGISLATION WILL BE PREPARED BY: Law Department John Coluccio Subject: FW: Charge Ready NY Project Application 0000232682 - Approved Importance: High From: noreply@salesforce.com [mailto:noreply@salesforce.com] On Behalf Of NYSERDA No Reply Sent: Wednesday, February 19, 2020 6:28 PM To: Heather Ipsen <HIpsen@schenectadyny.gov> Subject: Charge Ready NY Project Application 0000232682 - Approved Dear Heather Ipsen, Re: Application # 0000232682 Congratulations! Your Charge Ready NY Application for the site has been approved. $40,000 has been pre-approved and will be reserved for 180 days. If you do not submit the required installation information and documents before 8/17/2020 7:28 PM, your application will be cancelled, and incentive funds will be returned to the funding pool. Remember, you MUST notify and collaborate with NYSERDA before issuing any press releases or conducting any media outreach regarding this project. Please contact ChargeReadyNY@energycenter.org with any questions or concerns. Thank you. The Charge Ready NY Program Team 866-595-7917 ChargeReadyNY@energycenter.org 1  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: March 2, 2020 TO: City Council FROM: Andrew Koldin, Corporation Counsel SUBJECT: CCA Public Education and Outreach Plan and Opt-Out Letter Background Information: The City has established a Community Choice Aggregation (CCA) program to aggregate the energy supply needs of its residents and small commercial businesses and to negotiate and enter into supply contracts with Energy Service Companies on behalf of these parties. The City is required to adopt a community-specific plan for public engagement and education on the CCA program and an opt-out letter informing the public of their right to opt out of the CCA program. Evaluation/Analysis: As detailed in the supporting documentation, the City has created an extensive community outreach program, one that it has already begun. The draft opt-out letter will make clear to residents and small business owners: (1) what the program entails, (2) what the rates are and for how long, and (3) how to opt out of the program. Recommendation: It is recommended that the Committee pass the legislative request that the City Council consider a resolution adopting the Community Choice Aggregation Program education and outreach plan and the customer opt-out letter. LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  RESOLUTION NO. _____ OF 2020 City of Schenectady, New York RESOLUTION ADOPTING COMMUNITY CHOICE AGGREGATION PROGRAM EDUCATION AND OUTREACH PLAN AND CUSTOMER OPT-OUT LETTER A meeting of the City Council of the City of Schenectady, Schenectady County, New York was convened in public session at the City Hall located at 105 Jay Street, Schenectady, New York 12305 on _______________, 2020 at ________________ o'clock p.m. WHEREAS, the City of Schenectady has established a Community Choice Aggregation (“CCA”) Program to aggregate the energy supply needs of residents and small commercial businesses, and to negotiate and enter into energy supply contracts with Energy Service Companies (“ESCOs”) on behalf of these citizens to obtain competitively priced energy, often at a fixed or predictable cost, as well as environmental benefits and opportunities to pursue community-based energy initiatives; and WHEREAS, the City of Schenectady is required to adopt a community-specific plan for engaging in public education and outreach regarding the CCA Program in this community, as well as an opt-out letter on the City of Schenectady’s letterhead informing members of the public of their right to opt-out of the CCA Program, and providing a clear procedure for so doing; and WHEREAS, these community-specific documents, once adopted, will be incorporated into the CCA Program Implementation Plan, to be administered by the CCA Administrator, as approved by the New York State Public Service Commission (“NYSPSC”), to ensure compliance with rules and regulations governing CCAs; NOW, THEREFORE, BE IT RESOLVED that the City of Schenectady hereby adopts a public education and outreach plan and CCA opt-out letter; AND BE IT FURTHER RESOLVED THAT, the plan and letter will be provided to the CCA Administrator and New York State Department of Public Service staff charged with reviewing on behalf of the NYSPSC, for incorporation into the CCA Program Implementation Plan. A motion by Member ____________, seconded by Member ___________, to adopt Resolution No. __ of 2020. In favor: ____________________ Opposed: ____________________ Motion Approved: ____________________ The Resolution was adopted at a meeting of the City Council of the City of Schenectady duly conducted on ______________, 2020. _________________________________________ APPENDIX B: SAMPLE OPT-OUT LETTER (ON MUNICIPALITY LETTERHEAD AND ENVELOPE) [MONTH XX], 2020 Dear Residential or Small Business Customer: New rules in New York State allow the City of Schenectady to develop a Community Choice Aggregation (CCA) Program where you and your neighbors increase your individual buying power through a group purchase of electricity. The City of Schenectady is able to offer residents and small businesses [100% renewable] electricity at competitive and stable rates. As an eligible Participant, you can easily take advantage of this opportunity. Your electric account will be transitioned to the CCA Program, unless you opt-out by [MONTH XX], 2020. There are no enrollment or switching fees and your new electricity fixed rate will be $0.0XXX/kWh through [MONTH 202X]. National Grid, your local utility, will still be responsible for your electricity delivery, general maintenance and response to power outages. You will still receive one bill and pay National Grid, you can still take advantage of budget billing, and you can participate in the CCA if you have rooftop or community solar. With the support of MEGA, the Municipal Electric and Gas Alliance, our community has joined a CCA with [XX] others in our region. Through the power of aggregation and a competitive bidding process, [ESCO], was selected to replace National Grid as your default supplier of electricity. [ESCO] is able to offer our community [100% renewable] electric supply at a fixed rate of $0.0XXX/kWh for a period of XX months. With a fixed rate, you will pay the same price per kilowatt hour each month through [MONTH 202X]. National Grid CCA 100% Renewable CCA Grid Mix Fixed- Average Price* Fixed-Rate Price Rate Price (Opt-down) Residential $0.0XXX/kWh $0.0XXX/kWh $0.0XXX/kWh Small Commercial $0.0XXX/kWh $0.0XXX/kWh $0.0XXX/kWh *National Grid’s price is the average supply cost for the past XX months [MONTH 201X through MONTH 202X] When you participate in the City of Schenectady’s CCA there are: • No Rate Increases for Term of Contract through [MONTH 202X] • No Changes in Billing or Service Delivery • No Fee to Leave the CCA Program at Any Time More information on back CCA Enrollment Information After your enrollment is finalized, you will receive a notification from National Grid confirming your enrollment with [ESCO] as your new electric supplier. National Grid is required by law to inform you of your option to rescind your enrollment (not participate in the CCA) with adequate notice prior to the scheduled switch. However, if you want to participate, no action on your part is required. How to Opt-Out If you do not wish to participate in the City of Schenectady’s CCA Program, you must opt-out by [MONTH XX, 202X]. If you wish to opt-out, choose 1 of 3 easy ways: 1. Mail: return the enclosed opt out card with pre-paid envelope 2. Phone: call [ESCO] at XXX-XXX-XXXX 3. Web: visit www.XXXXXX.com No Penalties or Fees No penalties or fees will be charged to you for opting out of the Program. No penalties or fees will be charged if you move before the contract expires. No penalties or fees will be charged if you leave the Program after the opt-out period ends. If you wish to purchase traditional grid mix [100% renewable] electricity you can opt-down [up] into a fixed rate of $0.0XXX/kWh for a period of XX months. With a fixed rate, you will pay the same price per kilowatt hour each month through [MONTH 202X]. You can opt-down [up] at any time by calling [ESCO] at XXX-XXX-XXXX. If you wish to access the benefits of budget billing please contact [ESCO] at XXX-XXX-XXXX. If you have any questions, please refer to the enclosed Frequently Asked Questions document, contact [ESCO] toll-free at XXX-XXX-XXXX or visit megacca.org. Representatives are available 24 hours a day, 7 days a week to answer any questions you may have. Sincerely, _______________________________ Mayor Gary McCarthy City of Schenectady APPENDIX C: DETAILS OF THE CITY OF SCHENECTADY EDUCATION AND OUTREACH The goal of the CCA Education and Outreach Plan is to ensure that residents in the City of Schenectady understand the CCA process and benefits of the CCA Program with specific focus on their opportunity to opt-out of the CCA Program. The fundamental goal of CCA education and outreach is to enable residents to make informed choices about their energy supply options. A minimum of one informational community meeting is required, this meeting can occur in association with a formal public hearing (required before passage of a local law). In consideration of the different constituencies within the community (e.g. seniors, young families) we undertook the following actions, with the support of MEGA, over a minimum of two months, to raise awareness and educate on CCA: □ Informational Community Meeting (Public Hearing REQUIRED) Date/Time of Meeting Meeting Location Attendance Public September 23rd 2019 City Hall - 105 Jay Street Hearing Schenectady, NY 12305 Meeting January 21st 2020, 6:30pm Schenectady United 15 One Neighborhoods Meeting January 28th 2020, 6:30pm Public Library (99 Clinton St) 7 Two Meeting February 13th 2020, 6pm Mont Pleasant Neighborhood 12 Three Association (1036 Crane St) February 16th 2020, CCA Table at the Schenectady 14 Meeting 10am-2pm GreenMarket. Spoke with 14 Four people plus additional visitors took materials. February 23rd 2020, CCA Table at the Schenectady 21 Meeting 10am-2pm GreenMarket. Spoke with 21 Five people plus additional visitors took materials. Meeting March 12th 2020, 6:30pm NAACP Schenectady Chapter Six Monthly meeting (5 Catherine St) Meeting March 19th 2020, 7pm Stockade Neighborhood Seven Association (St. George’s) □ Printed Materials Date Item Type Notes Item January 28th 2020 CCA poster provided for display at 16”x16” size One City Hall February 6th 2020 Posters and fliers on display at all Hon. Karen B. Johnson Item four Schenectady public library Central Library Two branches 99 Clinton St Phyllis Bornt Branch  Library & Literacy Center 948 State St Mont Pleasant Branch 1026 Crane St Woodlawn Branch 2 Sanford St February 2020 “How CCA Works” 2-pg handout Available at all Item Neighborhood Association Three Meetings and Greenmarket February 2020 “Community Choice Aggregation Available at all Item in the Capital Region” postcard Neighborhood Association Four Meetings and Greenmarket □ Web-based Education □ Materials Posted on Municipal and/or Community Websites Date Item Website URL January 2020 CCA info on municipal https://www.cityofschenectady.com/608/Communit Site One y-Choice-Aggregation-CCA website Site Two January 2020 Advertise CCA Sessions https://www.wamc.org/community-calendar Site January 2020 City Facebook Page https://www.facebook.com/CityofSchenectady Three January 20th MEGA Facebook events https://www.facebook.com/pg/MegaEnergyNY/eve Site Four 2020 posted for each education nts session □ Press □ Local Newspaper Articles/Press Coverage Date Press Name Topic Notes December Daily Gazette Work together to Letter to the Editor: One 6th 2019 fight climate https://dailygazette.com/articl change e/2019/12/06/letters-to-the- editor-for-friday-dec-6 January 27th Times Union, The Press Release sent 2020 Collaborative, to all local news Schenectady Gazette, outlets Two CBS/WRGB, NBC/WNYT, ABC/WTEN, Spectrum, WAMC, Talk 1300  February Public Power Association Three N.Y. cities https://www.publicpower.org Three 10th 2020 explore community /periodical/article/three-ny- cities-explore-community- choice aggregation choice-aggregation February Hudson Mohawk CCA and Solar for https://www.mediasanctuary. 14th 2020 Magazine (radio) all org/podcasts/solar-for-all- Four promotes-community-choice- aggregation-in-low-income- communities/ February News 10 ABC Energy purchase 20th 2020 agreement between https://www.news10.com/ne municipalities, ws/energy-purchase- residents and small agreement-between- Five municipalities-residents-and- businesses being small-businesses-being- explored by local explored-by-local- governments in the governments-in-the-capital- Capital Region region/ □ Other Date Description 1/20-2/14/2020 & Radio advertisements on PYX 106.5 and WRVE 99.5 daily during One 10/30-11/26/2019 6am-10am morning drive for 4 weeks November 16th ½ page ad in Renewable Energy & Sustainability Fair Program at Two 2019 Sage College January – February YouTube videos – informational videos on CCA basics, 2020 renewables, how CCA and community solar work together – shared Three via Facebook and Twitter https://www.youtube.com/channel/UCMHypvnfI5vIvqyspaC1MlA Review of all materials will be the responsibility of our municipal CCA Liaison: Gary McCarthy Mayor 518.382.5000 mayorsoffice@schenectadyny.gov  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Health & Recreation Committee Date: Monday, March 02, 2020 From: Carmel Patrick Subject CR - Recognizing Certified Nurses Day Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Health & Recreation Committee Date: Monday, March 02, 2020 From: Karen Zalewski-Wildzunas Subject CR - Recognizing AOH Division 1, AOH Division 1 Ladies Order and all Immigrants from Ireland and their Descendents Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: March 2, 2020 TO: City Council FROM: Andrew Koldin, Corporation Counsel SUBJECT: Use and Maintenance Agreement to Schenectady Inner City Ministry for an Urban Farm at Vale Park Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, March 02, 2020 From: John Mootooveren Subject Discussion - Council Approval for any Contract Acceptance or Change Orders of a Certain Amount Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, March 02, 2020 From: John Polimeni Subject Purchasing Policy of the City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, March 02, 2020 From: Andrew Koldin Subject Haraden Motorcar Corp. Tax Cert. Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, March 02, 2020 From: James Commodore Subject Siriak Tax Cert. Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, March 02, 2020 From: Andrew Koldin Subject Abakar v. City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, March 02, 2020 From: Andrew Koldin Subject Ishwar v. City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, March 02, 2020 From: Andrew Koldin Subject St. Luke's v. City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, March 02, 2020 From: Andrew Koldin Subject Witecki v. City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, February 28, 2020