City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, February 1, 2021 5:30 p.m. Teleconference The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. View on Live on: Spectrum CHANNEL 1303 or on Verizon FiOS CHANNEL 38 You can also view the meeting LIVE at: http://www.openstagemedia.org/ (On the home page, select Government from the play window.) Or on YouTube.com (under Open Stage Media) Webex linkhttps://schenectadyny.webex.com/schenectadyny/onstage/g.php?MTID=e95f99f3b2eb95e9fa4ddee889337655e Webex Meeting Phone #: 1-415-655-0001; Meeting #: 178 891 7223; Meeting Password: CityCouncil City Development & Planning 1 Proposed Settlement of Environmental Case Re: 1859 State Street Ryan Bailey 2 Civitello v. City of Schenectady Andrew Koldin 3 Sale of 28 Chestnut Street Maurice Brown, III 4 Sale of 508 South Avenue Maurice Brown, III 5 Sale of 919 Strong Street Maurice Brown, III 6 Sale of Vacant Lot, 941 Strong Street (49.49-1-43) Maurice Brown, III 7 Sale of 1309 State Street Maurice Brown, III Public Safety 1 2021 NYS STOP-DWI Plan Grant Mike Seber 2 Benchmark Management System Mike Seber 3 Discussion – Safer Streets for Biking and Pedestrians Marion Porterfield / Karen Zalewski-Wildzunas 4 Review of the Guidelines / Bylaws for the Civilian Police Review Board (CPRB) with the Marion Porterfield Repeal of 50-A Finance 1 Utilization of the Coronavirus Aid, Relief, and Economic Security (CARES) Act Stimulus Kristin Diotte Funding Government Operations 1 CR – Black History Month Marion Porterfield Public Service & Utilities 1 Reminder PH on 02/08/2021 – Redirection of South Church Street (State Street to Fuller Chris Wallin Street) from a Two-Way Street to a One-Way Street as a Part of the Reconstruction of South Church Street 2 Reminder PH on 02/08/2021 – Redirection of Barrett & Huron Streets (Between South Chris Wallin Avenue to Park Place) from a One-Way Street to a Two-Way Street Friday, January 29, 2021 1  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, February 01, 2021 From: Ryan Bailey Subject Proposed Settlement of Environmental Case Re: 1859 State Street Background Info: Evaluation/Analysis Recommendation Friday, January 29, 2021 2  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, February 01, 2021 From: Andrew Koldin Subject Civitello v. City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, January 29, 2021 3  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/01/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 28 Chestnut Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 4  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/01/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 508 South Ave Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 5  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/01/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 919 Strong Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 6  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/01/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of Vacant Lot, 941 Strong Street (49.49-1-43) Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 7  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/01/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 1309 State Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 8 9 10 11 12 13  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 28, 2021 TO: COUNCILMEMBERS FROM: Assistant Chief Michael Seber SUBJECT: Benchmark Management System TO BE PLACED ON COUNCIL AGENDA OF: February 1, 2021 Background Information: The Police Department request to enter into a contract with Benchmark Analytics which is a police force management system. Benchmark serves as a single-source solution that is a proactive management tool that features seven information categories designed to identify a wide range of activities and practices (Internal Affairs, Use of Force Reports; Officer Profile; Training; Performance Evaluation; etc.). Benchmark provides a system that guides an officer through the important issues necessary for documenting force. It captures a detailed description of the incident, narrative report’s and subject statements, collects and organizes routine information for any incident involving use of force (officer/subject data, location, date and time, weather conditions, vehicle pursuit, physical action, OC sprays impact weapon, firearm usage, etc.). Benchmark provides a comprehensive, easy-to-use IA case management system with fully automated workflow design. Captures all incident data points, case notes, victim and witness interviews, injuries, arrests, warrantless searches, agency policy violations, evidence, etc. Manages concurrent reporting, reviews, approval’s and input. Features a complainant feedback tool that documents receipt of complaints and allegations, investigative team assignment and notification of final adjudication. Included with this legislation request is the Benchmark proposal and draft contract. The annual cost of the software application is $20,000. 14 Recommendation: The Police Department recommends entering into a contract with Benchmark Analytics. LEGISLATION WILL BE PREPARED BY: Assistant Chief Michael Seber 15  A N A L Y T I C S™ Proposal to Schenectady Police Department 1/4/21 1 16  A N A L Y T I C S™ Introduction Benchmark Analytics® was founded by a group of dedicated professionals who have years of experience in policing and because we’ve worn the badge, we know how important it is to uphold its honor. We also understand the power of data and analytics in advancing talent management and administration — we have a proven track record developing groundbreaking data-driven platforms that are founded in research and fueled by high-level, evidence-based analytics. Our software-enabled platform closes the current knowledge gaps in the marketplace by providing a single source to track and manage all data associated with a police department’s human capital, and provides a holistic management system with early indicators designed to: • Recognize, reward and retain officers exhibiting standout police work • Identify officers exhibiting problematic behavior and flag areas in need of improvement — and provide them with a corrective action plan to get them back on track. Additionally, our innovative platform includes security protected software that is instantly accessible, simple to use and easy to navigate. Along with our consortium of esteemed research partners including the University of Chicago Center for Data Science and Public Policy, highly regarded policing thought leaders and world-class technology developers, we are proud to present this Benchmark Analytics proposal for your consideration. 2 17  A N A L Y T I C S™ 1. BMS | Benchmark Management System® With BMS, Benchmark works with you to develop a comprehensive, top-to-bottom police force management system that: • Serves as your single-source solution with full workflow management capabilities, or can be integrated with your existing systems — there’s no need to buy separate Use-of-Force, Internal Affairs, Performance Evaluation and other systems . . . BMS does it all • Identifies what data is important to ensure the integrity and safety of all police officers, units and supervisors • Configures to comply with DOJ guidelines on officer conduct and CALEA body of standards — as well as your collective bargaining agreement • Delivers an efficient, effective platform created to provide a 360° holistic view of every officer in your department BMS is a proactive management tool that features seven information categories designed to identify a wide range of activities and practices — not simply a system to focus on problematic behavior. 2. First Sign® Early Intervention By leveraging the work completed in BMS, we activated the power of advanced analytics to develop a first-of-its-kind management tool that: • Captures the data most important to officer performance and behavior — as well as the relationships between critical data variables • Takes into account total productivity relative to signs that an officer may be engaging in problematic behavior 3 18  A N A L Y T I C S™ • Proactively notifies you at the “first signs” of a real need to intervene and help get an off-track officer back on track • Transforms risk management in policing by significantly reducing your exposure to rising liability costs First Sign is preventative by design: we know that intervention based upon simple, threshold-based triggers alone is not the right strategy — context, patterns of problematic behavior and officer history are what matter most . . . and what make our system better. First Sign is the only research based early warning/intervention product available in the market. 3. C.A.R.E. | Case Action Response Engine® Once off-track behavior has been identified in First Sign, Benchmark expedites thoughtful and effective early intervention with C.A.R.E. — a proactive, targeted support program that: • Features research-based, analytics-driven case management modules for officer- specific interventions • Provides “benchmarks” of best practices that have proven to be most effective for different levels of intervention • Facilitates the planning process with a template of actionable steps, guidelines, goals and follow-up C.A.R.E. allows supervisors to develop a well thought out, meaningful plan of action for individual officers to help ensure that no one in your charge is falling through the cracks. Ultimately, our goal is to get officers who are off track back on track — and out of C.A.R.E. 4 19  A N A L Y T I C S™ BMS Features Set System Performance • Configurable workflow engine allowing: o Unlimited roles and permissions o Unlimited command channel reviews configurable by event type o Matching of existing processes and nomenclature • Provides reporting via interactive dashboards and custom/ad hoc reports • Capability to integrate with all required agency systems including CAD and RMS • Application can be delivered on-premise or SaaS hosted • SaaS hosting is on a CJIS-compliant cloud • Data encrypted at rest and in transit • Secured with HTTPS • Fully mobile responsive for tablets and other devices Officer Profile • Employee photo • Emergency contact information • Employee demographic information • Employee Unit of Assignment (current and historical) • Employee appointment date • Employee disciplinary history • Employee line of duty injuries • Employee external employment • Employee issued equipment of all types (firearm, radio, etc) • Employee issued equipment qualification/certification Training • Full Learning Management System inclusive of academy, FTO and in-service modules • Ability to create and configure training programs to different groups of officers • Firearms tracking and qualification module • Certification management including historical and future courses • Approval and tracking process for additional officer training requests • Creates pre-assessments and evaluations for each course 5 20  A N A L Y T I C S™ • Calendaring (integrated with Outlook) • Alerts and announcements for upcoming trainings and re-certifications • Ability to deliver, track and manage SCORM, external link, upload document, video course, program course, live event and exams • The ability to track, manage, edit and publish department policies, procedures, and general orders • Training specific reporting including dashboards and ad hoc reporting • Ability to track and manage daily observation reports (DOR’s) across fully customizable skills, abilities and competencies • Ability to sign-off on completed training tasks including daily observation reports • Ability to attach documents, pictures, and videos to support trainer observations • Pro-active alerts to trainers when a trainee is under-performing • FTO specific reports and visuals comparing recruit performance among class Activity • Ability to integrate and pull data from CAD/RMS/JMS systems to provide employee, unit and supervisory productivity reports and overview • Ability to apply our advanced reporting system to other data sources for a holistic overview of employee performance Use of Force/Event type tracking • Smart-system that adjusts realtime based on data collected • Ability to track and manage multiple event types including: o Use of Force (configurable to in custody vs patrol settings) o Vehicle pursuit o Traffic crash involving officer o Traffic stop data (compliant with legal requirements of AB953) • Ability to track various types of Use of Force (including firearm, taser, OC spray, impact weapon, canine deployment, etc.) • Configurable layout including modifications to field labels, verbiage, and dropdown values • Configurable and customizable Use of Force specific workflows and reporting (including both dashboard and ad hoc reporting) 6 21  A N A L Y T I C S™ • Alerts supervisors when an officer has too many Use of Force incidents within a specified timeframe Internal Affairs • Full Internal Affairs case management platform that facilitates allegation intake, investigation, evidence management, concurrence reporting • Ability to view allegation history • Minor discipline module • Ability to trigger based on thresholds • Ability to separately track: o Injuries to subjects in custody o Warrantless searches o Criminal investigation involving employee o Arrest of employee o Interview/Interrogation in violation of policy o Lost/Theft of agency property o Civil/Administrative complaints o Civil lawsuit activity from employee duties o Protective/Restraints Order(s) issued against an employee • Configurable and customizable Internal Affairs specific workflows which route complaints to different locations based on specified criteria • Ability to upload and manage evidence of all electronic types (including video) Community Engagement • Provides a portal for agency to communicate with community members • Automation of all department awards • Tracking of time spent on community concerns (via CAD and Community Engagement platform) • Supervisory review and tracking of activities on each concern • Supervisory acknowledgement of concerns • Ability organize community concerns geographically • Ability to import GIS layer into application to provide current mapping elements • Dashboard map view of community concerns • Ability to create and manage community events in the portal • Community survey tools delivered via text and email 7 22  A N A L Y T I C S™ Performance Evaluation • Automation of department form sets based on job type • Ability to cadence, schedule and customize follow-up actions based on employee score • Exception reporting and routing of evaluations that fall below a department-set threshold • Command channel review processes for all performance evaluations • Ability to assign evaluations to supervisors based on individual officers and/or groups of officers Reporting • For all Benchmark Modules, we have the ability to report all information captured via dashboards, ad hoc and canned reporting • Interactive in-dashboard drilldowns available to visualize underlying data elements • Role and permission based control over report • Ability to schedule any report type at any cadence desired via email • Ability to save any report type in multiple formats • Ability to edit reports • Ability to export reports in all of the following formats: Word, Excel, PDF, CSV, XML, JSON, Query Execution, Definition Early Warning System • Developed with a research-based approach • Works beyond simple thresholds and basic triggers • Uses peer groups of officers in like assignments to inform analysis • Proactively alerts without requiring manual queries • Alerts for exceptional officer conduct and officers needing review • Tied to a full case management system to track intervention progress • Continued training and iteration of early warning model in conjuction with department input • Externally reviewed by University of Chicago researchers with expertise in law enforcement early warning systems 8 23  A N A L Y T I C S™ Implementation Benchmark Analytics is tenacious about implementation. Our team is comprised of former government practitioners who know all too well that a thoughtful, well-managed implementation plan and execution is just as important as the technology itself. If we are fortunate to win your business, we will assign a project manager to your implementation. Integrations Benchmark Analytics will provide integrations into critical data capture/data storage systems. Integrating into people data systems and other key technologies provides tremendous ease of use while greatly reducing errors associated with manual re-capture of data. We have a dedicated team of software specialists who focus on integrations and are building up a catalog of insight into commonly used applications all the time. Training We will work with your department to develop the right training methodology for your end users. We rely on a train-the-trainer model which provides an on-site, multi-day training for key administrators and managers/users who will be utilizing the system day- to-day. Because we understand that there can be turnover at police departments within the administrative functions, we also provide training refresh to new staff at no additional cost to the department. Support Benchmark Analytics provides customer support through a toll-free telephone number (1-888-40-BENCH) or via e-mail (support@benchmarkanalytics.com) and will be available Monday through Friday 6:00AM – 7:00PM (CST), excluding all federal holidays. Other Items 1. Hosting Overview Benchmark Analytics provides a software-as-a-service solution (SaaS) application, which is hosted in a CJIS-compliant, commercially-available cloud (currently Amazon Web Services GovCloud). 2. Membership in Research Consortium 9 24  A N A L Y T I C S™ Benchmark Analytics clients are eligible for inclusion in the Benchmark research consortium at no additional charge and is part of the standard agreement. The Consortium is chaired by the University of Chicago and includes academics, researchers and practitioners who are national experts in early intervention and police best practice. This membership includes on- going iteration and enhancements to the research models as well as access to best practices and knowledge transfer from the country’s leading researchers and practitioners. Pricing The below table provides details on pricing. Pricing provided in this proposal shall be valid through January 31, 2021. Pricing Annual Software License1 $25,125 – BMS (Use of Force, Internal Affairs, Training, Office Profile, Activity, Community Engagement, and Performance Evaluation), First Sign and CARE. Integration Fees $2,500 per integration, per year. Pulsiam Hitech Project Management Included - no additional charge. Training Plan Included – no additional charge. Support Included – no additional charge. 1. Pricing assumes a three-year contract with 2 one-year renewal options. 2. Benchmark reserves the right to increase the annual subscription price no more than 4.0 percent per year, over the term of the agreement. 10 25 BENCHMARK ANALYTICS® SOFTWARE AS A SERVICE AGREEMENT Benchmark Solutions LLC DBA Benchmark Analytics LLC (“Benchmark”) This Software as a Service Agreement “Agreement” is not valid until accepted and 4619 N. Ravenswood Avenue signed by an authorized representative of Benchmark in Chicago, Illinois. Suite 203 Chicago, IL 60640 Effective Date: Upon Execution support@benchmarkanalytics.com Client Information Client: Schenectady Police Department Contact: Eric Clifford Title: Chief Address: 531 Liberty St, Schenectady, NY 12305 Telephone: (518) 382‐5200 Email: eclifford@schenectadyny.gov I. Subscription Fees: Client shall pay Benchmark annual subscription fees (“Fees”), inclusive of integrations noted in Section III below, in the amount of $20,000. Fees are subject to an annual increase up to 4% in each subsequent year of the term. Client shall pay Fees for year 1 of the Term within 30 days from the effective date set forth above (the “Effective Date”) and shall pay Fees for each subsequent year of the Term on or before the subsequent anniversary of the Effective Date. II. Service Level Specifications: Other than scheduled downtime, Benchmark strives for a high level of system availability above 99%. (“Service Level Specifications”). Benchmark will use commercially reasonable efforts to conform to the Service Level Specifications when accessed and used in accordance with this Agreement. If in a calendar month the Service Level Specifications are not met Benchmark shall credit Client with one month of Fees, to be applied toward the following year’s subscription. Benchmark shall be responsible only for failures to meet the Service Level Specifications due to conditions that are within Benchmark’s reasonable control. In order to obtain a service credit, Client must notify Benchmark in writing of any problem. Client’s sole and exclusive remedy and Benchmark’s sole and exclusive obligation with respect to any breach of the Service Level Specifications is the credit set forth in this Article II. III. Additional Terms: 1. Access and Use. Benchmark has developed a software application designed for its clients’ personnel to enter, manage, track, report and analyze various law enforcement‐ related information and to perform other incidental and subsidiary functions, known as “Benchmark Analytics” (the “Services”). Subject to and conditioned on Client’s payment of Fees and compliance with all other terms and conditions of this Agreement, Benchmark hereby grants Client a non‐exclusive, non‐transferable right to access and use the Services indicated below, during the Term, solely for use by Client’s administrators, employees and other Client‐authorized persons or entities (“Users”) in accordance with the terms and conditions herein and any additional terms applicable to Users. Such use is limited to Client’s internal use. Benchmark shall provide to Client the necessary passwords, security codes and network links or connections to allow Client to access the Services (“Access Credentials”). Benchmark Management System® (BMS) Use of Force Officer Profile Training – FTO only Activity Internal Affairs Community Engagement Performance Evaluation Trigger Based Early Warning First Sign Early Intervention System (35% of total license fee attributable to First Sign if BMS and C.A.R.E. are selected) Case Action Response Engine (C.A.R.E.) 1‐ Total Quantity of Integrations: Pulsiam Hitech 2. Term. The term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect until three (3) years from the Effective Date (the “Initial Term”), and will have an option to renew for up to two (2) additional one (1) year terms (collectively the “Term”). If Client does not inform Benchmark of cancellation within 60 days prior to renewal date, contract will renew based on terms herein. 3. Restrictions. a. Client may only use the Services strictly in accordance with (1) all applicable laws, including without limitation, employment laws and data privacy and security laws, (2) the supporting materials (“User Materials”) provided by Benchmark, and (3) any other restrictions and requirements set forth herein. Client agrees that while the Services and the reports generated for Client (“Client Reports”) may be used by Client in employment‐related matters, they are not designed to be, nor shall they be, utilized as the substantial or sole factor in any employment‐related decisions and are only designed to provide information to Client. Benchmark shall not be responsible for Clients’ or its Clients’ employees’ use of the Services or any Client Reports generated by the Service. All employment‐related decisions of Client, including without limitation the termination or discipline of any employee of Client, and Client’s use of the Services, is at the sole discretion and responsibility of Client, and Benchmark shall have no responsibility whatsoever for any such decisions. In no event shall Benchmark be required to monitor or supervise the use of the Services by Client or any authorized users and compliance with the terms of this Agreement by all authorized users shall at all times be and remain the Client’s sole responsibility. b. Client shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Client shall not at any time, directly or indirectly, permit any Users or any third‐party to: (i) copy, modify, or create derivative works of the Services or User Materials, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or User Materials; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or User Materials, misappropriates, or otherwise violates any intellectual property (IP) right or other right of any person, or that violates any applicable law; or (vi) use the Services or User Materials for the purpose of creating any competing or similar service or software. 4. Intellectual Property. a. Benchmark acknowledges that, as between Benchmark and Client, Client owns all right, title, and interest, including all intellectual property rights, in and to information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Client or a User through the Services (“Client Data”). Client hereby grants to Benchmark (i) a non‐exclusive, royalty‐free, worldwide license to reproduce, distribute, and otherwise use and display the Client Data and perform all acts with respect to the Client Data as may be necessary for Benchmark to provide the Services to Client; and (ii) a non‐exclusive, perpetual, irrevocable, royalty‐free, worldwide license to reproduce, distribute, modify, and otherwise use, prepare derivative works from, and display Client Data (a) to evaluate, enhance and improve the Services and future products and services (subject to the confidentiality obligations in Section 8); (b) for Research Purposes; and (c) to the extent incorporated within the Aggregated Statistics. “Research Purposes” means the use of Client Data for research, educational, evaluative or related purposes, provided that if such Client Data is disclosed to a third‐party, it shall not directly identify any individual or agency and shall comply with applicable confidentiality obligations. b. Client acknowledges that, as between Client and Benchmark, Benchmark and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Services, all underlying software for the Services, the User Materials, and any and all intellectual property provided to Client or any User in connection with the foregoing, 26  including, without limitation, Aggregated Statistics and any information, data, or other content derived from Benchmark’s monitoring of Client’s access to or use of the Services (“Benchmark IP”). For the avoidance of doubt, Benchmark IP excludes Client Data. 5. Aggregate Statistics. Notwithstanding anything to the contrary in this Agreement, Benchmark may monitor Client’s use of the Services and collect and compile data and information related to Client’s use of the Services that is used by Benchmark in an aggregate and anonymized manner, including, but not limited to, compilation of statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between Benchmark and Client, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Benchmark. Client acknowledges that Benchmark may compile Aggregated Statistics based on Client Data input into the Services; provided, that such Aggregated Statistics do not identify Client or Client’s Confidential Information. 6. Support Services. Benchmark shall provide a customer support number for client. The customer support line may be accessed through a toll‐free telephone number (1‐888‐40‐ BENCH) or via e‐mail (support@benchmarkanalytics.com) and will be available Monday through Friday 8:00AM – 6:00PM (CST), excluding all federal holidays. In the event of a system wide outage, the client shall be provided with a 24‐hour hotline for immediate response. 7. Client’s Obligations. a. Client is responsible and liable for all uses of the Services and User Materials resulting from access provided by Client, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Client is responsible for all acts and omissions of Users, and any act or omission by a User that would constitute a breach of this Agreement if taken by Client will be deemed a breach of this Agreement by Client. Client shall make all Users aware of this Agreement’s provisions as applicable to such User’s use of the Services, and shall cause Users to comply with all such provisions. b. Client understands and agrees that (i) Client is responsible for obtaining and installing all software and/or hardware upgrade, fixes, or enhancements required by the applicable browser software; and (ii) that Benchmark is not responsible for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited, to the Internet. c. Client shall be responsible for: (i) securely administering the distribution and use of all Access Credentials and protection against any unauthorized access to or use of the Services; and (ii) controlling the content and use of Client Data, including the uploading or other provision of Client Data to or through the Services and the accuracy thereof. Client shall immediately notify Benchmark if Client becomes aware of any loss or theft or unauthorized use of any Access Credentials. d. Client shall immediately notify Benchmark if it becomes aware that the Services, or Client’s use of the Services, violates or potentially violates any applicable laws. e. Client is solely responsible for maintaining the confidentiality of Client’s user name(s) and password(s 8. Mutual Obligations. “Confidential Information” means any information that includes the following: (a) for Benchmark, all information relating to its business affairs, products, technology (including, but not limited to, source code, research and/or analytics), confidential intellectual property, trade secrets, third‐party confidential information and other sensitive or proprietary information; and (b) for Client, the identities of its Users, records of interactions with the Users, and Client Data (including, but not limited to, information regarding Client’s employees). Neither party shall disclose any Confidential Information of the other party to any person or entity, except to those of its employees or contractors who require access to it in order for the party to be able to perform its obligations under this Agreement, and who are bound by confidentiality obligations consistent with the terms of this Section, and except to the extent otherwise permitted by the licenses granted in Sections 5 The receiving party shall be responsible and liable for compliance with this Section by its employees and contractors. This Section does not apply to any information that (i) becomes generally publicly available other than as a result of improper disclosure by the receiving party; (ii) is independently developed by the receiving party without use of the Confidential Information of the disclosing party; (iii) becomes available on a non‐confidential basis from a third‐party that is not bound by confidentiality; or (iv) is known to the receiving party at the time of disclosure. To the extent required by any applicable law, regulation, or order of any court or governmental body, disclosure of Confidential Information is not a breach of this Agreement; provided, that the party required to disclose it (a) promptly, and prior to such disclosure, notifies the other party so that it can seek a protective order or other remedy, and (b) prior to any disclosure, asserts the confidential nature of the Confidential Information. 9. Indemnification. Benchmark shall indemnify, defend, and hold harmless Client from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Client resulting from any third‐party claim, suit, action, or proceeding (“Third‐Party Claim”) that the Services, or any use of the Services in accordance with this Agreement, infringes or misappropriates such third‐party’s valid U.S. patent or copyright, provided that Client promptly notifies Benchmark in writing of the claim, cooperates with Benchmark, and allows Benchmark sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, Client agrees to permit Benchmark, at Benchmark’s sole discretion, to (i) modify or replace the Services, or component or part thereof, to make it non‐infringing, or (ii) obtain the right for Client to continue use. This Section will not apply to the extent that the alleged infringement arises from: (i) use of the Services in combination with data, software, or technology not provided by Benchmark or authorized by Benchmark in writing; (ii) modifications to the Services not made by Benchmark; (iii) failure to timely implement any modifications, upgrades, replacements or enhancements made available to Client by or on behalf of Benchmark; or (iv) Client Data or any other Client materials. THIS SECTION SETS FORTH CLIENT’S SOLE REMEDIES AND BENCHMARK’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD‐PARTY. 10. Limited Warranty; Disclaimer of Warranties. a. Benchmark warrants that the Services will substantially perform according to written functional specifications provided by Benchmark from time to time. b. THE SERVICES AND BENCHMARK IP ARE PROVIDED “AS IS” AND BENCHMARK HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BENCHMARK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‐ INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS STATED IN SECTION 9, BENCHMARK MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES AND BENCHMARK IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. 11. Limitation of Liability. IN NO EVENT WILL BENCHMARK BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) DAMAGES OF ANY NATURE WHATSOVER IN CONNECTION WITH, RELATED TO OR ARISING OUT OF ANY TERMINATION OR DISCIPLINE OF A CLIENT EMPLOYEE, OR ANY CLIENT EMPLOYMENT‐RELATED MATTER, (c) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (d) LOSS OF GOODWILL OR REPUTATION; (e) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY CLIENT DATA, (f) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BENCHMARK WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL BENCHMARK’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $250,000. 12. Time to File Claims. No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than two (2) years after the cause of action was discovered or should have been discovered. 13. Termination. a. In addition to any other express termination right set forth in this Agreement, this Agreement may be terminated as follows: by Benchmark, if Client is in breach of any payment obligation contained in this Agreement and fails to cure such breach within ninety (90) days written notice of such breach by Benchmark; or by either party, if the other party is in material breach of any other provision of this Agreement (other than Client’s obligation to pay Fees), by written notice to the other party effective sixty (60) days after the receipt of such notice unless the other party cures such breach within the sixty (60) day. In addition, Benchmark may terminate this Agreement immediately upon notice to Client in the event Client breaches its obligations under Section 4 above. Upon expiration or earlier termination of this Agreement, (i) Client shall immediately discontinue use of the Benchmark IP and, without limiting Client’s obligations under Section 8, Client shall delete, destroy, or return all copies of the Benchmark IP; and (ii) Benchmark may immediately deactivate Client’s account, and, after providing Client with ninety (90) days limited access to the Services for the sole purpose of permitting Client to retrieve Client Data, delete Client’s account and bar any further access to such information and the Services. Client understands and agrees that Benchmark is not liable to Client, its Users, or any third‐party for any termination of Client’s access to the Services or deletion of Client Data or any other data of any kind. 27  b. This Section 13, and Sections 3, 4, 5, 8, 9, 10, 11,12, 13 and 15 through 22 of Article III will survive any termination or expiration of this Agreement. 14. Public Disclosure. Client grants to Benchmark the right to publicly disclose the fact that Client is using the Services of Benchmark. 15. Severability. Each paragraph and provision of this Agreement is severable from the entire Agreement, and, if one provision is declared invalid, the remaining provisions shall remain in effect and the invalid provision shall be reformed and amended to the extent needed to be valid. 16. Force Majeure. In no event shall Benchmark be liable to Client, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Benchmark’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. 17. Taxes. Fees do not include any local or state sales, value added, use or other applicable excise taxes now in force or enacted in the future, any assessment of which shall be paid by Client. Without limiting the foregoing, Client shall promptly pay to Benchmark any amounts actually paid or required to be collected or paid by Benchmark pursuant to any statute, ordinance, rule or regulation of any legally constituted taxing authority. 18. Entire Agreement; Amendment; Waiver. This Agreement supersedes all prior agreements and understandings between Client and Benchmark, including any representations, expressed or implied. Client acknowledges that this Agreement may not be changed or terminated orally. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding unless in writing and signed by an authorized representative of the party against who the same is sought to be enforced. The parties, each acting under proper authority, have signed this Agreement on the date indicated below. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 19. Notices. Any notices required or permitted under this Agreement shall be in writing and shall be effective when delivered in person or sent by registered or certified mail, return receipt requested, with proper postage affixed, or by personal courier to the address set forth in this Agreement or any more recent address to which the sending party has been apprised. 20. Relationship of the Parties. Benchmark and Client are independent contractors. Neither party shall make any contracts, warranties, representations, or assume or create any other obligations, whether express or implied, in the other party’s name or on its behalf. 21. Assignment. Neither party may assign this Agreement or any of its rights or obligations under this Agreement without the prior written consent of the other party; provided that Benchmark shall have the right to assign its rights and obligations hereunder to its parent, subsidiary, or affiliate or a successor (including any successor through merger, consolidation or any other form of acquisition resulting in a change of control of Benchmark) upon notice to Client. Any purported assignment of rights in violation of this Section is null and void. 22. Third‐party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person or entities other than Benchmark and Client. BY SIGNING BELOW, EACH PARTY CERTIFIES THAT IT HAS READ AND AGREES WITH AND SHALL BE BOUND BY THE TERMS HEREOF. Client: Benchmark Solutions LLC DBA Benchmark Analytics LLC Signature: ________________________________ Signature: ________________________________ Name: ________________________________ Name: Ron Huberman Title: ________________________________ Title: CEO Date: ________________________________ Date: ________________________________ 28  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, February 01, 2021 From: Marion Porterfield / Karen Zal Subject Discussion - Safter Streets for biking and pedestrians Background Info: Evaluation/Analysis Recommendation Friday, January 29, 2021 29  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, February 01, 2021 From: Marion Porterfield Subject Review of the Guidelines / Bylaws for the Civilian Police Review Board (CPRB) with the Repeal of 50- A Background Info: Evaluation/Analysis Recommendation Friday, January 29, 2021 30 The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. Chapter 93 Civilian Police Review Board [HISTORY: Adopted by the Council of the City of Schenectady 6-10-2002 by Ord. No. 2002-9. Commented [1]: Editor's Note: This ordinance was vetoed by the Mayor 6-20-2002, and reconsidered and readopted by the Amendments noted where applicable.] Council 6-24-2002. GENERAL REFERENCES Police — See Ch. 92. § 93-1 Establishment. There is hereby established in the City of Schenectady the Schenectady Civilian Police Review Board. § 93-2 Legislative intent. A. It is the finding of the City Council of the City of Schenectady that the existing Police Objective Review Committee and the Police Community Advisory Board should be abolished, unless otherwise temporarily extended by the City Council, and their functions combined with new procedures and functions in a new body, to be known as the "Schenectady Civilian Police Review Board." Further, the citizens of the community will be best served with civilian oversight of internal police complaint procedures and investigations, and in addition to have a permanent body whose mission shall include the bettering of relations between civilians and police. Nothing in this enactment is intended to impair any rights of any party or participant, including those granted under federal and state laws, rules, and enactments. B. The City Council hereby finds and declares that abuse of authority, prejudice, or discrimination based upon race, gender, color, national origin, economic status, religion, age, sexual preference, marital or domestic partner status, mental or physical ability has no place in the actions, customs, practices, policies, or procedures of the Police Department of the City of Schenectady. C. The City Council further finds and declares that the conduct of law enforcement officials is subject to public, departmental, and executive scrutiny and accountability. D. The purpose of this chapter is to create an independent review body with respect to complaints of misconduct by officers of the Schenectady Police Department. The remedies created by this chapter are in addition to any others provided by common law or statute. Its goals are to improve communication between the Police Department and the community, to increase police accountability and credibility with the public, and to create a complaint review process that is free from bias and informed of actual police practices. § 93-3 Membership. [Amended 12-30-2002 by Ord. No. 2002-16; 10-11-2005 by Ord. No. 2005-13; 1-8-2007 by Ord. No. 2007-1; 2-11-2013 by Ord. No. 2013-02] The Board shall consist of nine members, appointed by the Mayor and confirmed by the City Council, whose terms shall be for two years. Upon initial appointment there shall be six members serving two-year terms and 31 five members serving one-year terms; every person thereafter shall be appointed to a two-year term. Appointments to the Board should be made with regard to composing a body of members who are involved in community activities and represent diverse constituencies. Appointments shall be made from recommendations made by the following organizations, all of whom may submit, within 90 days of a written request, one or more names to the Mayor for that purpose: NAACP; Human Rights Commission; SUN; Chamber of Commerce; SICM; League of Women Voters; Schenectady Municipal Housing Authority; and the City Council. In addition, one member of the general public, representing no particular group or organization, shall be appointed upon recommendation of the citizenry and the Mayor. Organizations may recommend an additional candidate each as a standby. The Mayor may select candidates from this pool of candidates to fill specific vacancies that may arise for specific organizations. § 93-4 Ex-officio members. The Board shall include two ex-officio, nonvoting members, the Schenectady Public Safety Commissioner and a citizen-at-large appointed by the City Council. Members of the Schenectady Police Department Office of Professional Standards, the Corporation Counsel's office and others with knowledge of specific cases or related issues may be made available as resources to the Board, as requested by the Board majority. § 93-5 Limitations on membership. [Amended 2-11-2013 by Ord. No. 2013-02] No member of the Board may be a member of the Schenectady Police Department, an elected official, a City officer, or an employee of the City (other than the Public Safety Commissioner serving as an ex-officio member). Members may not serve or remain on the Board if they have been convicted of any felony. All members shall be residents of the City of Schenectady. No two members shall be related. A "relative" shall be defined as a spouse, parent, stepparent, sibling, step-sibling, sibling’s spouse, child, stepchild, uncle, aunt, nephew, niece, or first cousin. § 93-6 Term limits, holdovers and vacancy. [Amended 2-12-2007 by Ord. No. 2007-2; 4-13-2009 by Ord. No. 2009-04; 2-11-2013 by Ord. No. 2013- 02] A. In accordance with the provisions of the New York State Public Officers Law, any member whose term has expired shall hold over until his or her replacement shall be named; any replacement shall hold office for the balance of the term. Any vacancy in office shall be filled by Mayoral appointment, with Council confirmation, of a successor for the balance of the term. The Board shall notify any nominating organization at least 60 days prior to the expiring term of a person nominated by that organization. The Mayor shall make every effort to make such replacement appointment from said nomination or nominations within said sixty-day period. B. A member may be appointed to two consecutive terms. Upon the successful completion of two consecutive terms, the member may not be reappointed to membership on the Board for at least one year from the end of the last term in office. § 93-7 Board member training. Board members shall participate, within the first year of appointment, in training provided by the Schenectady Police Department, its Office of Professional Standards and the City of Schenectady's Law Department. Additional training, as agreed upon by the Board, will be provided and will include, but not be limited to, issues such as human relations, mediation and conflict management. 32 § 93-8 Removal of Board member. A member of the Board may be removed by a two-thirds vote of the Board for cause, which shall include but not be limited to, unexcused absences, violation of confidentiality, refusal to complete training and conflict of interest. § 93-9 Quorum, meetings and attendance. [Amended 2-11-2013 by Ord. No. 2013-02] Five of nine members shall constitute a quorum for the transaction of business. The Board shall meet at least once per month, and more often as it by resolution may deem necessary. The Board shall by resolution establish the time and place of its regular meetings. § 93-10 Officers and bylaws. [Amended 2-11-2013 by Ord. No. 2013-02] The members of the Board, upon being appointed, shall convene and select a Chairperson and Secretary, and shall establish such rules and regulations, in writing, to be maintained by the Chairperson and distributed, as amended from time to time, to all Board members. The Board by resolution or bylaw may establish such other officers as it deems necessary for the transaction of business. Proceedings of all meetings shall be governed by the current edition of Robert’s Rules of Order. § 93-11 Mediation. The Board shall encourage and facilitate mediation of any complaint, as a first step in the appropriate cases. To this end, it shall establish a list of approved mediators and their qualifications. All such mediators shall be subject to the approval of the Board majority. The Board may hire or contract for the services of a mediation facilitator, which may be a person, an institution, or an agency. Participation in mediation shall be voluntary, and shall not be construed as a bar to either a civil lawsuit or criminal prosecution, or settlement of the same. § 93-12 Powers and duties - direct complaints. [Amended 4-13-2009 by Ord. No. 2009-05] The Board shall have the power to independently review complaints made to it concerning the policies and procedures of the Schenectady Police Department. The Board may hire an independent investigator to review or investigate complaints about policy or procedure, especially when the same allege violations of civil rights or the use of excessive force. Complaints shall be untimely unless filed within 45 days following the incident giving rise to the complaint. The complaint shall be investigated and a report filed with the Board within 30 days after the filing of the complaint unless unusual or extraordinary circumstances require a longer period of time for investigation. Where unusual or extraordinary circumstances exist, the Police Department shall report the existence and nature of the circumstances to the Board. The Board shall render its decision concerning the investigation of the Department within 30 days following the receipt of the Police Department’s investigation report. § 93-13 Powers and duties - internal affairs complaints. A. The Board hall have the power to review the investigation of civilian complaints against members of the Schenectady Police Department by review of the investigation by the Office of Professional Standards of the Police Department in a double-blind system. All complaints concerning members of the Department should be filed with the Police Department’s Office of Professional Standards. Complaints may also be filed with or at the Schenectady Human Rights Commission, the Schenectady NAACP, or City Hall. Complaints may also be initially filed with any other intake location, place or center indicated or provided by the Board, but shall be thereafter immediately forwarded to the Office of Professional Standards. Complaints must allege one or more of the following: 33 (1) Harassment, which is repeated, unwarranted verbal or physical annoyances or unwarranted threats or demands; (2) Use of unnecessary or excessive force, which is the use of greater physical force than reasonably necessary to repel an attacker or terminate resistance, not including the force reasonably necessary to effect a lawful pursuit; (3) Use of language or conduct that is insulting, demeaning or humiliating, including harsh, violent, profane or derogatory language that would demean the dignity of an individual or reasonably be judged as racial, ethnic or sexist slurs; (4) Discriminatory treatment based on a person’s race, color, religion, national origin, sex, handicap, political affiliation, source of income or place of business or residence; or (5) Criminal conduct. B. Complaint forms should include a statement that the filing of a complaint is not a bar to filing a lawsuit for injury or damages, nor a bar to prosecution for perjury or filing a false instrument. The Board shall not itself participate in an internal affairs investigation, nor shall it issue subpoenas concerning the same. The Board shall be provided with all documents relating to an investigation. The time limits for filing and reporting of an internal complaint shall be as provided in the Policy and Procedure Manual of the Schenectady Police Department relating to professional standards complaints. Complaints shall be untimely unless filed within 45 days following the incident giving rise to the complaint. The complaint shall be investigated and a report filed with the Board within 30 days after the filing of the complaint, unless unusual or extraordinary circumstances require a longer period of time for investigation. Where unusual or extraordinary circumstances exist, the Police Department shall report the existence and nature of the circumstances to the Board. The Board shall render its decision concerning the investigation of the Department within 30 days following the receipt of the Police Department’s investigation report. The Board may hire an independent investigator to review the professional standards investigation of any complaint where the same alleges violations of civil rights or the use of excessive force. [Amended 4-13-2009 by Ord. No. 2009-05] C. An annual, independent audit, by a consultant selected by the Board, of all complaints and their investigations shall be completed; the results will be made available to the Mayor, the City Council and the Board. § 93-14 Findings - internal affairs complaints. The Board shall have the power to make findings upon its deliberations upon a review of a civilian complaint in the following form: that after a review of the complaint and its investigation, the findings may be found to be approved, disapproved, unable to be determined, returned for reevaluation, or referred to the Mayor and City Council, both of which have subpoena power. The complainant shall be notified in writing of the Board's findings within 30 days of those findings. § 93-15 Findings - policies and procedures. The Board shall have the power to make findings upon its deliberations concerning policies and procedures in whatever form it deems necessary, including reports and referrals to any other agency or institution of competent jurisdiction. 34 § 93-16 Powers and duties - review and recommendation. The Board shall have as part of its mission the duty to recommend changes in City policy and procedures to the Mayor, City Council, and Public Safety Commissioner, and to review the effectiveness of local policies, laws and ordinances concerning police functions and recommend changes as it deems fit. § 93-17 Power and duties - education and outreach. The Board shall charge and oversee its paid staff with the responsibility to: A. Design programs to foster improved relations between the Schenectady Police Department and the citizens of the City of Schenectady; B. Become knowledgeable on procedures and operations; C. Provide a forum by which the citizens of Schenectady can educate themselves with regard to general police operations, as well as to educate and inform the Police Department on the ever-changing needs of the citizens; D. Cooperate with the various civic organizations within the City of Schenectady in order to fulfill the objectives of this chapter; E. Provide insight and recommendations to the Mayor and Council of the City of Schenectady on new and existing procedures which will improve the effectiveness of police and community relations; F. Prepare and/or recommend and/or promote youth outreach programs. § 93-18 Reporting. [Amended 2-12-2007 by Ord. No. 2007-2] The Board shall report its findings in summary form at least quarterly to the Mayor, City Council, and Chief of Police. The report should contain at a minimum the activities participated in, statistics on complaints received and reviewed, and training had and received. As much as is possible with respect to legal requirements, such reports, or parts thereof, should also be made available to the public. § 93-19 Staffing. [Amended 2-12-2007 by Ord. No. 2007-2] The Board may recruit, interview, and recommend the employment of an Executive Director, administrative support personnel, investigator, educator, or outreach specialist. Investigative and administrative staff support services should, whenever possible, be provided by independent contractors, subject to all applicable local and state laws and ordinances. § 93-20 Public deliberations. All meetings of the Board shall be open to the public unless an executive session is warranted under provisions of the New York State Open Meetings Law. § 93-21 Inquiry suspension. Upon written request of the Mayor, Corporation Counsel, or complainant, citing the existence of a civil or criminal court action, the Board shall suspend inquiry into any particular event or complaint up to or until such time as the court action is concluded. The inquiry may be resumed upon conclusion of the court action. § 93-22 Ongoing study by Advisory Committee. A. The Mayor and the City Council shall, within 90 days from the adoption of this chapter, each appoint 10 35  Schenectady residents to an Advisory Committee for ongoing study of and subsequent recommendations on the civilian police review process. Membership of the Advisory Committee shall be diverse and representative of constituencies and neighborhoods from throughout the City. The Executive Director of the Schenectady Civilian Police Review Board shall be a voting member of the Advisory Committee. B. The Advisory Committee shall be charged with studying such issues as the impact of the City-PBA contract and State Civil Service Law on the process; future roles for outside local, state and federal agencies, including but not limited to the Schenectady County District Attorney's office and Sheriff's Department; as well as other related issues that may arise from the continued work of the Schenectady Civilian Police Review Board. The Advisory Committee shall consider if changes are warranted and draft a strategy to implement those changes with the goal being a more responsive, independent police complaint review process. C. The Advisory Committee shall report its findings and recommendations to the Mayor, City Council and Civilian Police Review Board within 18 months of its formation. Upon acceptance of those findings and recommendations, the Advisory Committee shall cease to exist. § 93-23 (Reserved) § 93-24 Severability. Commented [2]: Editor's Note: Former § 93-23, Term, was repealed 6-27-2005 by Ord. No. 2005-11. If any part or parts of this chapter are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. 36  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: 01/28/2021 TO: City Council FROM: Kristin Diotte, Director of Development SUBJECT: Utilization of the Coronavirus Aid, Relief, and Economic Security (CARES) Act stimulus funding. Background Information: In response to the Coronavirus Pandemic (COVID‐19), the U.S. Department of Housing and Urban Development (HUD) has allocated $994,996 through the Emergency Solutions Grant (ESG‐CV2) to the City of Schenectady. These allocations are authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116‐136. Evaluation/Analysis: The plan to amend the 2019‐2020 HUD Annual Action Plan for the utilization of these funds will be made available to the public for comments from February 1, 2021 at 8:00 am – February 5, 2021 at 4:00 pm per HUD guidelines in response to COVID‐19. Public comments will be accepted via email (CommunityDevelopment@schenectadyny.gov) and mail to the Department of Development (105 Jay Street, Room 14, Schenectady, NY 12305). The City of Schenectady continues to work with our partners, service providers and community to identify the most immediate needs and projected long‐term needs as a result of COVID‐19 in order to align these resources in a timely manner to the highest priorities identified. Recommendation: Announcement of the five‐day public comment period. Authorization for the utilization of the Coronavirus Aid, Relief and Economic Security (CARES) Act ESG‐CV2 stimulus funding. LEGISLATION WILL BE PREPARED BY_______Law Department________ 37 Coronavirus Aid, Relief & Economic Security Act (CARES Act) Emergency Solutions Grant (ESG) Summary Request How Allocation was Determined The City of Schenectady (the City) was allocated a total of $994,996 in ESG-CV2 funding to prevent, prepare for, and respond to coronavirus among individuals and families who are homeless. In order to access this funding, the City must present a plan to HUD identifying key partners and service providers; specific services and activities that will prevent, prepare for, and respond to coronavirus among individuals and families who are homeless; and the amount of money per eligible ESG activity. Though the CARES Act eliminated requirements for local planning and procurement standards applied to the Annual ESG funding process, the City considers it important that Schenectady homeless service providers assist in identifying anticipated needs and developing a comprehensive plan to continue providing essential services to the homeless community throughout the COVID-19 crisis. The following community-driven process was led by the Homeless Services Planning Board (HSPB): • Survey results on current/anticipated needs (5/2020), a summary of the ESG-CV2 stimulus package, and a request for interested parties to submit proposals for ESG-CV2 funding were shared with full HSPB Membership and community partners • A group of Continuum of Care members reviewed proposals then finalized the breakdown of ESG-CV2 funds per eligible activity • CARES forwarded the HSPB ESG-CV2 funding recommendation to the City of Schenectady for review and approval. ESG CV2 Funding Recommendation Below is the funding recommendation per Eligible Activity by the HSPB: Schenectady ESG-CV2 FUNDING PROPOSAL Percent of ESG-CV2 Eligible Category Total CV2 Total CV2 Funds Funds Requested Requested Admin $ 99,500 10.00% Outreach/Emergency Shelter $ 198,999 20.00% Prevention $ 497,498 50.00% Rapid Rehousing $ 198,999 20.00% Total Allocated Request $ 994,996 TOTAL AWARD AVAILABLE $ 994,996 Funded Agencies & Anticipated Number of Persons Served Below is the list of proposed recipients for ESG-CV2 funds, their corresponding budgets and projected number of persons to be served per eligible activity over the course of two years. 38 OUTREACH/EMERGENCY SHELTER Bethesda House Street Outreach: Total of $17,100 requested to continue providing street outreach to approximately 194 individuals and connecting them with needed services: staff support ($13,900) and travel expense ($3,200). Bethesda House Bethesda House ES: Total of $16,900 requested to provide emergency shelter to 284 individuals: staff support ($13,900) and utilities ($3,000). Schenectady Community Action Program (SCAP): Total of $89,999 requested to contract with Schenectady County Public Health to provide COVID-19 testing and vaccinations for Schenectady’s Emergency Shelter system in which 450 homeless and essential workers will be served: contractual services ($89,999). Safe Inc. of Schenectady Safe House: Total of $50,000 requested to connect with 96 homeless, runaway and at-risk sexually exploited/human trafficked youth and provide education/training in basic life skills: staff support ($45,872), travel expense ($190), utilities ($1,050), and operating expense ($2,888). YWCA of Northeastern NY, Inc.: Total of $25,000 requested to ensure the safety of approximately 33 homeless per month. This funding will be utilized to keep the Domestic Violence shelter clean and sanitary during the pandemic by providing contractual services ($4,200); and equipment ($16,800). PREVENTION New Choices: Total of $176,003 requested for personnel ($23,270); travel ($200); equipment ($1,565); property rental ($1,200) and operations ($468); financial assistance ($23,300); and rental assistance ($126,000) to provide 40 individuals with homeless prevention services. Schenectady Community Action Program (SCAP): Total of $143,873 requested for financial assistance ($6,273) and rental assistance ($137,600) to provide rental assistance for an estimated 86 families, and utility assistance for an estimated 25 families. Bethesda House: Total of $97,622 requested for personnel ($31,800); contractual ($20,000) travel ($3,200); equipment ($2,000); and rental assistance ($40,622) to provide case management, social work, essential needs services, and rental assistance to 30 households. Legal Aid Society of Northeastern New York, Inc.: Total of $80,000 requested for financial assistance ($5,000); rental assistance ($60,000); and landlord incentives ($15,000) to provide rental arrears, security deposit, first and/or last month rent, monthly rent supplements or permissible landlord incentives in the form of signing bonuses, security deposits, or payment of costs to repair damages not covered by security deposit. This project will serve 20 households. 2 39 RAPID REHOUSING Schenectady Community Action Program (SCAP): Total of $108,999 requested for financial assistance ($4,999); and rental assistance ($104,000) to provide rental assistance for an estimated 65 households, with approximately 20 of these households receiving utility assistance. YWCA Northeastern NY: Total of $90,000 requested for financial assistance ($10,000); and rental assistance ($80,000) to provide moving costs, rent payments, and security deposits. This project will serve 20 individuals. 3 40  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Government Operations Committee Date: Monday, February 01, 2021 From: Marion Porterfield Subject CR - Black History Month Background Info: Evaluation/Analysis Recommendation Friday, January 29, 2021 41  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Service & Utilities Committee Date: Monday, February 01, 2021 From: Carmel Patrick Subject Reminder PH on 02/08/202121 - Redirection of South Church Street (State Street to Fuller Street) from a Two-Way Street to a One-Way Street as a Part of the Reconstruction of South Church Street Background Info: Evaluation/Analysis Recommendation Friday, January 29, 2021 42  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Service & Utilities Committee Date: Monday, February 01, 2021 From: Carmel Patrick Subject Reminder PH on 02/08/202121 - Redirection of Barrett & Huron Streets (Between South Avenue to Park Place) from a One-Way Street to a Two Way Street Background Info: Evaluation/Analysis Recommendation Friday, January 29, 2021 43