City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, November 21, 2022 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. Presentation 1 “New Schenectady” Carmel Patrick Finance Reminder – The 2023 Downtown Special Assessment District (DSAD) Budget (PH will be on John Mootooveren 1 11-28-21) Reminder – The 2023 Upper Union Street Business Improvement District (BID) Budget (PH John Mootooveren 2 will be on 11-28-21) Reminder – PH for the Purchase of 0.15 Acre Paper Street Behind 588 Broadway Not Being Gary McCarthy 3 Used by the City (PH was held on 11-14-22) 4 Discussion – Medical Debt Release Damonni Farley Amended MOA with Metroplex for the Reconstruction of South Church Street (Fuller Avenue Gary McCarthy 5 to State Street) Health & Recreation 1 CR – Honoring the Schenectady – Belmont Pop Warner Cheerleaders Carmel Patrick City Development & Planning 1 Sale of 234 Duane Avenue Maurice Brown, III Friday, November 18, 2022 1  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: November 21, 2022 TO: COUNCILMEMBERS FROM: Carmel Patrick SUBJECT: Brief Presentation by Neil Golub – “New Schenectady” Background Information: Rescheduled from November 7. Neil Golub will present his “New Schenectady” concept to City Council Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY _____________________ 2  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, November 21, 2022 From: John Mootooveren Subject Reminder - The 2023 Downtown Special Assessment District (DSAD) Budget (PH will be on 11-21- 2022) Background Info: Public hearing will be held on Monday, Nobember 21, 2022. Evaluation/Analysis Recommendation Friday, November 18, 2022 3 SCHENECTADY - DOWNTOWN SPECIAL ASSESSMENT DISTRICT (DSAD) 2023 Budget - APPROVED 11-16-22 - Page 1 of 5 2022 DSAD ASSESSMENT 2023 DSAD ASSESSMENT DSIC Program Category ALLOCATED TO DSIC ALLOCATED TO DSIC Total DSAD Assessment Levy for 2022 $330,000 $355,000 Total DSAD Assessment Levy for 2023 - Frontage Factor $165,000 $177,500 Total DSAD Assessment Levy for 2023 - Size Factor $165,000 $177,500 Total of DSIC Programs $882,657 $956,052 2022 2023 Base Participation Fee $315 $340 NOTES 1. The funding reflected in the budget of the Downtown Special Assessment District (DSAD) as approved by City Council represents a portion of the funding utilized by the Downtown Schenectady Improvement Corporation (DSIC) for its operations, as set forth in the separate budget of the DSIC. 2. The base participation fee is verified by multiplying the proposed fee ($340) by the total number of eligible parcels in the DSAD (506) and dividing by total program expenses ($956,052). This percentage shall not exceed 25%. The proposed percentage for 2023 is 17.99%. 4 DOWNTOWN SCHENECTADY IMPROVEMENT CORPORATION 2023 Budget - APPROVED 11-16-22 - Page 2 of 5 Amount Funded Through Amount Funded Through Expenses by Category DSAD Assessment Other Sources Totals Administration 10,650 0 10,650 Business Promotion & Development 106,500 148,507 255,007 Environmental Enhancement 237,850 406,400 644,250 Total Budget Income $355,000 $554,907 $909,907 ADM 1.17% Donated Materials & Services 5,000 BPM 28.03% Media Sponsorships & Donated Advertising 5,000 EEM 70.80% Volunteer Assistance 10,000 TOTAL 100.00% Total Estimated Additional Resources $20,000 5 Downtown Schenectady Improvement Corporation 2023 Budget - APPROVED 11-16-22 - Page 3 of 5 Difference Business Comm. & Marketing Environmental Enhancement & Administration 2023 TOTALS 2022 TOTALS Between 2023 & INCOME & Development Maintenance 2022 1 Donations/Sponsorships 87,800 19,400 107,200 59,500 47,700 2 DSAD Assessment 10,650 106,500 237,850 355,000 330,000 25,000 3 Grant Revenue - Other 10,000 10,000 40,000 -30,000 4 Metroplex Grant - Landscaping Services 112,000 112,000 100,000 12,000 5 Metroplex Grant - Outdoor Operations 275,000 275,000 240,000 35,000 6 Parking Note Receivable (Interest)** 1,457 1,457 2,870 -1,413 7 Product Sales/BBP Auction 2,000 2,000 0 2,000 8 Ticket Sales/Vendor Fees 47,250 47,250 47,000 250 INCOME TOTALS 10,650 255,007 644,250 909,907 819,370 90,537 Difference Business Comm. & Marketing Environmental Enhancement & EXPENSES Administration & Development Maintenance 2023 TOTALS 2022 TOTALS Between 2022 & 2021 1 Advertising 15,391 1,300 16,691 11,350 5,341 2 Business Development 500 500 500 0 3 Communications/Phone/Internet 235 2,348 5,244 7,827 8,113 -286 4 EEM Contracted Services 6,315 6,315 3,000 3,315 5 EEM Landscape Services - Materials/Supplies 20,000 20,000 5,000 15,000 6 Equipment 31 309 690 1,030 1015 15 7 Fees/License/Permits 131 1,310 2,925 4,366 597 3,769 8 Gas - EEM Equipment 15,000 15,000 6,300 8,700 9 Insurance (Liability, D&O, NYSIF, etc.) 1,185 11,846 26,455 39,485 32,424 7,061 10 Flowers 20,000 20,000 15,200 4,800 11 Lease/Utilities - EEM Garage 27,080 27,080 28,080 -1,000 12 Lease - Office 825 8,250 18,425 27,500 27,500 0 13 Maintenance/Repairs 390 3,900 8,710 13,000 14,500 -1,500 14 Memberships 55 551 1,229 1,835 2,020 -185 15 Mileage Reimbursement 6 60 134 200 200 0 16 Networking/Sponsorships/Meals 300 3,000 6,700 10,000 10,000 0 17 Postage/Mailing 20 195 436 650 1,100 -450 18 Professional Services 1,476 14,757 32,958 49,191 64,676 -15,485 19 Printing 485 4,852 10,837 16,174 15,500 674 20 Salaries/Benefits 17,890 178,901 399,546 596,337 577,782 18,555 21 Special Events/Promotions 66,300 66,300 34,000 32,300 22 Subscriptions 36 360 804 1,200 1,200 0 23 Supplies 263 2,625 5,863 8,750 10,600 -1,850 24 Outdoor Décor 0 0 7,500 -7,500 25 Utilities - Office 109 1,086 2,426 3,621 3,000 621 26 Work Clothes - EEM 3,000 3,000 1,500 1,500 EXPENSE TOTALS 23,435 316,541 616,076 956,052 882,657 73,395 DIFFERENCE -12,785 -61,534 28,174 -46,145 -63,287 Appropriation of 2023 Parking Payment** 48,543 47,130 DIFFERENCE 2,398 -16,157 Appropriation of General Fund Balance 0 16,157 DIFFERENCE 0 0 **Note: Parking Note Receivable (Interest) of $1,457+ Appropriation of 2023 Parking Payment $48,543 = $50,000 Annual Parking Payment 6 Downtown Schenectady Improvement Corporation 2023 Budget - APPROVED 11-16-22 - Page 4 of 5 Business Promotion & Development BD - Special Promotion & BD - Events & INCOME Marketing Development Promotion F&D TOTALS 1 Donations/Sponsorships 25,500 30,300 32,000 87,800 2 DSAD Assessment 91,590 2,130 12,780 106,500 3 Grant Revenue - Other 5,000 5,000 10,000 4 Metroplex Grant - Landscaping Services 0 5 Metroplex Grant - Outdoor Operations 0 6 Parking Note Receivable (Interest) 1,457 1,457 7 Product Sales/BBP Auction 1,000 1,000 2,000 8 Ticket Sales/Vendor Fees 44,250 3,000 47,250 INCOME TOTALS 124,547 2,130 79,550 48,780 255,007 BD - Special F&D & Promotion & BD - Events & Building EXPENSES Marketing Development Promotion Block Party TOTALS 1 Advertising 15,391 15,391 2 Business Development 500 500 3 Communications/Phone/Internet 2,019 47 282 2,348 4 EEM Contracted Services 0 5 EEM Landscaping Services 0 6 Equipment 266 6 37 309 7 Fees/License/Permits 1,126 26 157 1,310 8 Gas - EEM Equipment 0 9 Insurance 10,187 237 1,421 11,846 10 Flowers 0 11 Lease/Utilities - EEM Garage 0 12 Lease - Office 7,095 165 990 8,250 13 Maintenance/Repairs 3,354 78 468 3,900 14 Memberships 473 11 66 551 15 Mileage Reimbursement 52 1 7 60 16 Networking/Sponsorships/Meals 2,580 60 360 3,000 17 Postage/Mailing 168 4 23 195 18 Professional Services 12,691 295 1,771 14,757 19 Printing 4,173 97 582 4,852 20 Salaries/Benefits 153,855 3,578 21,468 178,901 21 Special Events/Promotions 66,300 66,300 22 Subscriptions 310 7 43 360 23 Supplies 2,258 53 315 2,625 24 Outdoor Décor 0 25 Utilities - Office 934 22 130 1,086 26 Work Clothes - EEM 0 EXPENSE TOTALS 216,932 5,187 66,300 28,122 316,541 DIFFERENCE -92,385 -3,057 13,250 20,658 -61,534 7 Downtown Schenectady Improvement Corporation 2023 Budget - APPROVED 11-16-22 - Page 5 of 5 Environmental Enhancement Program Sidewalk Maintenance & INCOME Landscaping TOTALS 1 Donations/Sponsorships 19,400 19,400 2 DSAD Assessment 237,850 237,850 3 Grant Revenue - Other 0 0 4 Metroplex Grant - Landscaping Services 112,000 112,000 5 Metroplex Grant - Outdoor Operating 275,000 275,000 6 Parking Note Receivable (Interest) 0 0 7 Product Sales/BBP Auction 0 0 8 Ticket Sales/Vendor Fees 0 0 INCOME TOTALS 644,250 644,250 Sidewalk Maintenance & EXPENSES Landscaping TOTALS 1 Advertising 1,300 1,300 2 Business Development 0 3 Communications/Phone/Internet 5,244 5,244 4 EEM Contracted Services 6,315 6,315 5 EEM Landscape Services 20,000 20,000 6 Equipment 690 690 7 Fees/License/Permits 2,925 2,925 8 Gas - EEM Equipment 15,000 15,000 9 Insurance 26,455 26,455 10 Flowers 20,000 20,000 11 Lease/Utilities - EEM Garage 27,080 27,080 12 Lease - Office 18,425 18,425 13 Maintenance/Repairs 8,710 8,710 14 Memberships 1,229 1,229 15 Mileage Reimbursement 134 134 16 Networking/Sponsorship/Meals 6,700 6,700 17 Postage/Mailing 436 436 18 Professional Services 32,958 32,958 19 Printing 10,837 10,837 20 Salaries/Benefits 399,546 399,546 21 Special Events/Promotions 0 0 22 Subscriptions 804 804 23 Supplies 5,863 5,863 24 Outdoor Décor 0 0 25 Office Utilities 2,426 2,426 26 Work Clothes - EEM 3,000 3,000 EXPENSE TOTALS 616,076 616,076 DIFFERENCE 28,174 28,174 8  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, November 21, 2022 From: John Mootooveren Subject Reminder - The 2023 Upper Union Street Business Improvement District (BID) Budget (PH will be on 11-21-22) Background Info: Public hearing will be held on Monday, November 21, 2022. Evaluation/Analysis Recommendation Friday, November 18, 2022 9  BUDGET PROPOSAL | 2023 INCOME Annual City Assessment.............................................................................................. $46,100.00 EXPENSE Personnel / Contractor...................................................................................................... $16,000.00 Executive Director............................................................................... $12,000.00 Marketing Consultant......................................................................... $3,000.00 Accounting / CPA Fees........................................................................ $1,000.00 Advertising........................................................................................................................ $5,000.00 Entertainment................................................................................................................... $2,000.00 Tree Lighting....................................................................................... $2,000.00 Landscaping.................................................................................................................. $4,000.00 Beautification.................................................................................................................... $5,000.00 Holiday Decorations........................................................................................................ $1,500.00 Meetings.......................................................................................................................... $1,500.00 Refreshments..................................................................................... $600.00 Misc…………………………………………………………………………………………………………………………………… $1,287.52 Wire fee…………………………………………………………………………………………… $64.00 NY fees…………………………………………………………………………………………….. $50.00 Dues and Subscriptions……………………………………………………………………. $400.00 QuickBooks………………………………………………………………………………………. $180.00 Office Supplies…………………………………………………………………………………. $256.00 Printing…………………………………………………………………………………………….. $250.00 Incidentals………………………………………………………………………………………… $87.52 Liability / D&O Insurance.................................................................................................. $1,700.00 Snow Removal.................................................................................................................. $6,000.00 Scholarship........................................................................................................................ $2,000.00 10  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: COMMUNITY DEVELOPMENT & PLANNING DATE: November 18, 2022 TO: City Council Members FROM: Gary McCarthy SUBJECT: City abandonment and sale of .15-acre site behind 588 Broadway Background Information: The City Council held a public hearing on the abandonment and sale of a .15-acre site behind 588 Broadway on November 14. We are asking the Council to proceed with a resolution to move forward with officially abandoning this site and approving the sale of the small parcel to F.W. Webb. F.W. Webb is paying the City $25,000 to buy the parcel which is above market price. The company is receiving no incentives to buy the vacant building at 588 Broadway. F.W. Webb currently operates facilities in Albany, Colone and Ballston Spa and they currently serve the Schenectady market from these locations. The company plans to purchase 588 Broadway and retrofit the building at their own expense. The land now owned by the City will be used for additional parking. Evaluation/Analysis: The sale of the now vacant 588 Broadway building to a leading regional wholesale company will fill a vacant building on the Broadway corridor. Legislation will be Prepared By: Metroplex is pleased to assist in preparing needed resolutions/contract documents. 11  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Finance DATE: 11/17/22 TO: COUNCILMEMBERS FROM: Councilman Damonni Farley SUBJECT: Discussion - Medical Debt Relief Background Information: According to healthcare conglomerate Kaiser-Permanente, more than 41% have medical debt. This debt has tremendous economic impacts for those burdened by it and the communities in which they live. Medical debt eats away at wages and/or benefits that are already being stretched by inflation, limits access to credit, and prevents individuals from meeting their basic needs. Evaluation/Analysis: Medical debt disproportionately impacts low-income and fixed income individuals, often senior citizens as well as others who were not previously experiencing financial difficulty, but were negatively impacted by the pandemic. This discussion should consider a plan to create a Medical Debt Relief Plan similar to those passed in other areas of the country. 12 Recommendation: LEGISLATION WILL BE PREPARED BY_____________________ 13  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: COMMUNITY DEVELOPMENT & PLANNING DATE: November 18, 2022 TO: City Councilmembers FROM: Mayor Gary McCarthy SUBJECT: Amended MOA with Metroplex for the reconstruction of South Church Street (Fuller Ave. to State Street) Background Information: Resolution 2021-196 authorized a license agreement between the City and Metroplex Development Authority for improvements to South Church Street in which the City would contribute up to $485,245. The project encountered unanticipated costs resulting in change orders with the general contractor. Among the unexpected costs were finding and removing a 500-gallon fuel oil tank; additional investigation and work associated with connections to the Cowhorn Creek storm water system; re-engineering changes to curbing, grading and hydrant locations at the intersection of South Church Street and Fuller Street; and streetlight modifications. Evaluation/Analysis: The renewal of South Church Street is a joint venture of Metroplex and the City of Schenectady. The improvements include new curbs, sidewalks, roadway, and the removal of existing above ground utility poles to clear the street envelope and allow for the installation of decorative lighting. Funding for the City’s share of the project will come from CHIPS funding or borrowed funds setup for this type of work. Recommendation: Authorize the Mayor to enter into an amended agreement with Metroplex for the improvements to South Church Street in which the City’s contribution would be up to $640,000. Legislation will be prepared by: Law Department 14  04 SCHEh''F. y, 1 f }{ rn o tin, RAT l oi CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. 2021- 196 Councilmember Ms. Porterfi, d offeredthefollowing: A Resolution Authorizing a License Agreement with Metroplex Development Authority for the Improvements to South Church Street WHEREAS, over the past decade the City has seen over$ 100 million in public and private investments into the lower State Street downtown area; and WHEREAS, last year the City Council approved converting South Church Street to a one- way southbound roadway which also creates an opportunity to add on-street parking; and WHEREAS, in partnership with the Metroplex Development Authority, this project has been designed and bid in order to install new curbs, sidewalks, roadway and the removal of existing above ground utility poles to clear the street envelope and allow for the installation of decorative lighting; WHEREAS, the City and Metroplex propose to share the cost of this project' s completion, with Metroplex contributing $692, 865 and the City contributing up to $ 485, 245: NOW THEREFORE BE IT, RESOLVED, that the Mayor or his designee is authorized to enter into a License Agreement with Metroplex Development Authority for the Improvements to South Church Street, the terms of which shall be set by the Corporation Counsel; and be it further RESOLVED, that the Commissioner of Finance and Administration is authorized to allocate up to $ 485, 245. 00 as the City' s share for the project' s completion; and be it further RESOLVED, that Mayor or his designee is authorized to enter into a Memorandum of Agreement with Metroplex Development Authority for the completion of the South Church Street project in which the City shall contribute up to $ 485, 245. 00, the terms of which shall be set by the Corporation Counsel. 15  xE o I }'., i iiwT 9/ Approved as to form this 13t" day of September 2021 RESOLUTION adoPted unanimously i SEP 2021 C01'" Me'" bers Andrew B. Koldin, Esq. Corporation CoUrisel APProved by Maypr 2021 Vetoed by Mayor 16 i I  S. Church Street Renewal Project Approved General Project Plan SC E DY METROPLEX DEVE. OPMEM AUTHORITY I. Project Summary Applicants: City of Schenectady and Schenectady Metroplex Development Authority Contact: Chris Wallin, City Engineer City Hall, 105 Jay Street Schenectady, New York 12305 Praject Site: S. Church Street from State Street to Fuller Street Proposed Project: The project involves rebuilding S. Church Street with the removal of utility poles, underground utiiity services, new paving, curbing, sidewalks and lighting Metroplex Participation: The City of Schenectady and Metroplex are sharing the capital costs of the project II. Project Cost and Financing Sources Uses of Funds: Construction 924, 277 5°ro Allowance 46,213 Soft costs{ engineering, project management, legal) 2Q7, 620 Total Uses: $ 1, 178, 110 Sources oF Funds: Metroplex 692,865 City of Schenectady 485, 245 Total Soarces: $ 1, 178, 110 III. Project Description In 2014 and 2017, Metroplex and the City of Schenectady reconstructed lower State Street from Washington Avenue to Erie Blvd. This area has witnessed transformative private investment in recent years---- the Mil! Artisan District($ 40 million); Electric City Apartments{$ 22 milliost); the adaptive reuse of the former YMCA at 13 State Street to seniar apartments($ 18 million); and Gateway Plaza($ 1. 5 million). 17 Last year, the Schenectady City Council approved making S. Church Street one- way southbound from State Street to Erie Blvd. This created an opportunity for adding on-street parking in the area as well as rebuilding the street. In conjunction with the new parking lot in support of SUNY Schenectady, this project is a joint venture of Metroplex and the City. Working with National Grid and Verizon, utility poles and overhead utilities on S. Church Street will be removed. A trench on the street will allow the utilities to be relocated underground to support National Grid, Verizon, Spectrum and FirstLight fiber. This will greatly improve the appearance of the street. Plans call for rebuilding S. Church Street---- about 1, 3001ineal feet of new paving, new sidewalks on both sides of the street, an improved pedestrian crossing, better streetlights, and 32 on-street parking spaces. Security cameras will be added to the system that supports lower State Street and the CDTA bus stop. The project will include decorative elements, trees and Iandscaping. State 5treg Q es St ' on C ro 0 0 0 O Ilege s Aparlmenb U L c 0 Artnory 0 gt V\ on 5 Jq< 00 Based on construction bids that were opened on June 2, the project cost is $ 924,277. Metroplex is adding a 5% allowance, or contingency, to the budget to cover any unanticipated expenses. The construction project would 6e managed Metroplex working with the City of Schenectady, project engineer, Colliers Engineening and Design, and construction inspector, Schenectady- based TW& A Associates. S. Church Street Renewal Project Page 2 of 3 Approved General Project Plan 1une 9, 2021 18 The project must also meet our M/ WBE and SDV4B requirements as well as require the use of prevailing wages by the apparenk low bidder, Carver Construction, Inc. Metroplex will front-end payments far the project and SUNY Schenectady will provide the necessary matching funds upon project completion. Work should comrnence by July and be completed by late October. The total project budget including project- related soft costs is$ 1, 178, 110. The City of Schenectady and Metroplex will cost- share the hard costs of the project with Metroplex assuming the engineering and oversight fees. IV. Terms and Conditions 1. Metroplex heid a public hearing on May 5, 2021 ta solicit public comment on the proposed project pursuant to § 2b55- b ( 1) of the Metroplex enabling statute, as amended. No one attended the public hearing nor did Metroplex receive any written or oral comments. 2. The project shall comply with provisions of§2656 and § 2667( 5) of the Metroplex enabling statute, as amended. V. Statutory Basis The project is iocated in the Schenectady Metroplex service area and complies with the enabling legislation. VI. Environmental Review Schenectady Metroplex Development Authority conducted an environmental review of the project pursuant to the State Environmental Quality Review Act and the implementing regulations of the New York State Department of Environmental Conservation{ SEQRA). This review found the project to be a Type II Action pursuant to § 617. 5( c}{ 5) in that the project constitutes repaving, in kind, without new travel lanes. Therefore, the review under SEQRA is compteted. VII. Affirmative Action In connection with this award, the Project must abide by applicable provisions of Article 15- A and Article 17- B of the Executive Law. VIII. Additiona! Submissions Resolution S. Church Street Renewal Project Page 3 of 3 Appraved Genera! Project Pian June 9, 2021 19  LICENSE AGREEMENT THIS LICENSE AGREEMENT { this " Agreement" or this " License") dated as of June 2021 ( the " Effective by and among SCHENECTADY METRUPLEX Date") DEVEL PMENT AUTHORITY, a public benefit corporation organized and existing under the taws of the State of New York, and having an address of 433 State Street, Schenectady, New York 12305 (" Metroplex"), and CITY OF SCHENECTADY, a municipal corporation organized and existing under the laws of the State of New York and having an address at 105 Jay Street, Schenectady, New York 12305 ( the " City"). Individually, City and Metroplex may be referred to herein as a" party" and, collectively, as the" parties." WITNESSETH: WHEREAS, City owns or controls certain public roadway, real Properry and the improvements, which property shalt include, without limitation, the bed of the roads, parking nodes pavers, medians, plantings, landscaping nodes, curbs, sidewalks from curb to storefronts ( where applicable), consisting of appraximately 1, 300 lineal feet of South Church Street, including all of its associated appurtenances a d installations, and all Iocated within the City of Schenectady, County of Schenectady, State ofNew York( the" Property"); and WHEREAS, Metroplex, by Resoiution _ .__ -- 21 dated June 9, 2021 ( collectively, the Resolutions"}, undertook a collaboration with the City for the design, construction, reconstruction, improvement and rehabilitation of ] ower S. Church Street in the City of Schenectady( the" ProjecY'}; and WHEREAS, Metroplex has agreed to administer the Project and manage the work on the Project on behalf of the City; and WHEREAS, in order to undertake the Projects, as they relate to the Property, the Metroplex will need access to the Property, and including the temporary disturbance thereof; and WHEREAS, the parties desire to enter into this Agreement ta set forth the terms and conditions under which the City shall permit Metroplex to utilize the Praperty for the Project. NOW, THEREFORE, FOR AND IN CONSIDERATIQN OF THE PREMISES AND THE MUTUAL COVENANTS tiEREINAFTER CONTAINED, THE PARTIES HERETO HEREBY FORMALLY COVENANT, AGREE AND BIND THEMSELVES AS FOLLOWS: SECTIUN 1. RECITALS. The recitals set forth above are incorporated in and made a part of this Agreement. SECTION 2. LICENSE. The City hereby grants to Metroplex a license for hereby grants to Metroplex, the Contractors, and their respective employees, contractors, subcontractors, agents, consultants and other invitees a license ( the " License") to enter upon the Property to complete the Project. The City shall not enter the Properiy nor interfere with, nor permit any of its employees, contractars, subcontractors, agents or other invitees to enter the Property or 1 20 interfere with the Metroplex Qr its Contractors work on the Property for the duration of this License. SECTION 3. TERM. This Agreement shall take effect on the Effective Date and terminate on the eartier of( a) one year from the date hereof; and ( b) the date that Metroplex notifies the City that the Project has been completed. The License shall inure to the benefit of and be binding upon Metroplex, the Contractors, the City and their respective heirs, successors and assigns. SECTION 4. INDEMNIFICATION. A. The Gity hereby indemnifies, defends and releases Metroplex, and its members, officers, agents and employees from, and agrees that foregoing shall not be liable for any and all claims, causes of action, judgments, liabilities, damages, tosses, costs and expenses arising as a result of Metroplex' s undertaking and administration of the Project, including, but not limited to, liability for loss or damage to property or bodily injury to or death of any and all persons that may be occasioned, directly or indirectly, by any cause whatsoever pertaining to the Project and all causes of action and attorneys' fees and other expenses incurred in connection with any suits or actions which may arise as a result of the Project; provided that any such claims, causes of action, judgments, liabilities, damages, tosses, costs or expenses are not incurred or do not result directly from the intentional wrongdoing or gross negligence of Metroplex or any of its members, officers, agents or employees. B. Metroplex shalt, and hereby does, indemnify, defend and hold the City harmless against and from: ( a) any and all claims arising or resulting from Metroplex' s intentional wrong doing or grossly negligent acts or omissions in compteting any of the work authorized by this Agreement; and ( b} any and all costs, expenses and liabilities incurred, including reasonable attorneys' fees, in or in conjunction with any such claim or action or proceeding described in B.( a) of this paragraph. This section 4 shall expressly survive expiration or earlier termination of this License. SECTION 5. OBLIGATIONS. A. Metroptex' s Obligations. Metroplex shall coordinate its work and the scheduie of the Project, as it relates to the Property, with applicable City staff to minimize disruption and closure of any portion of the Property. Metroplex shall have no preservation, maintenance, repair, improvement or other obligation related to the Property. Metroplex shall have no obligation for, nor liability for, the condition of the Property except to the limited extent set forth in Section 4 hereof. Metroplex' s obligations under this Agreement are expressly contingent upon compliance with its obligations and responsibilities under the Public Authorities Accountability Act of 2005 and the Public Authorities Reform Act of 2009 ( coflectively, the " Accountability Acts"), as 2 21 amended or interpreted from time to time, as well as all rules, regulations, opinions, guidance memoranda { internal or extemal) promulgated or issued pursuant No default by thereto. Metroplex shall exist nor do any rights and remedies accrue to the City under this Agreement due to any act or omission of Metroplex if such act or omission is reasonably necessary, in Metroplex' s sole and absolute discretion, to camply with the provisions of the Accountability Acts. B. City' s Obligations. City shall be solely responsible for the cost and expense of all ongoing preservation, maintenance, repair, impravetnent or obligation related to the Property. The City covenants that at a11 times during the term of the License, Metroplex or Contractors' use of the Property, pursuant to the terms and conditions herein, shall not be disturbed or impaired by any act of the City, or of anyone acting by, through, or under the City. The City shall not interfere with Metroplex or Contractors' use of the Property in any manner whatsoever, nor shail the City prohibit Metroplex or Contractors' access to the Property. Notwithstanding anything in this Agreement to the contrary, nothing herein shal( provide, nor be deemed to provide, to the City the right or authority to make directives to the Contractors( or any subcontractors) with respect to the performance of the work on the Project, or to make changes o the Project, or to atherwise in any way hold themselves out has having the authority to do so or to act on behalf of Metroplex. SECTION 6. ASSIGNMENT. Neither party may assign this Agreement without the prior written conseni of the other party.Natwithstanding the foregoing, City acknowledges and consents to Metropiex subcontracting some or all of the work and permitting use of the License by its contracts and subcontractors. SECTION 7. NOTICES. All notices required or permitted hereunder shall be in writing and shall be served an the parties at the following address: If to Metroplex: Schenectady Metroplex Development Authority 433 State Street Schenectady, New York I2305 Attn: Executive Director Telephone: ( Sl8) 377- 1109 Facsimile: ( 518) 382- 2575 With copies to: Gleason Dunn Walsh& O' Shea 40 Beaver Street Albany, New York 12207 Attn: Tammy L. Cumo, Esq. Telephone: ( 518} 432- 7511 If to City: City af Schenectady 105 Jay Street 3 22  Schenectady, New York 12305 With copies ta: Corporation Counsel City of Schenectady 105 Jay Street Schenectady, New York 12305 Any such notices may be sent by { a) certified mail, return receipt reyuested, in which case notice shall be deemed delivered five ( S} business days after deposit, postage prepaid in the U. S. mail, ( b) a nationally recognized overnight courier, in which case notice shall be deemed delivered one ( 1) business day after deposit with such courier, or ( c) personally, in which case notice shall be deemed delivered on delivery.The above addresses may be changed by written notice to the other party; provided that no notice of a change af address or facsimile number shall be effective until actual receipt of such notice. A failure ta give or receive copies of any notice shall not be deemed a failure to give notice. Notices may be given by a Parties counsel with the same focce and effect is if given by the Party itself. SECTION 8. ENTIRE AGREEMENT. This Agreement, along with the Memorandum of Agreement of even date, sets forth all of the covenants, promises, agreements, conditions, and understandings among City and Metroplex concerning the use of the Property for the Projects, and supersedes any and all prior agreements and understandings among City and Metroplex, related to same. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between them with respect to the subject rnatter of this Agreement other than as set forth herein. This Agreement shall not be deemed to grant any interest in the Property, except as expressly set forth herein. SECTION 9. BENEFIT/ BURDEN. This Agreement shall be binding upon, and inure to the benefit of, the respective successors and permitted assigns of the parties. SECTION 10. NO DEDICATION. Nothing contained herein shall be deemed to be a gift or dedication of any portion of any tract to the general public or for any public use ar purpose whatsoever, it being the intention of the parties hereto that this Agreement be for the exclusive benefit of the Parties hereto and their successors and assigns and that nothing herein, express or implied, shall confer upon any person or entity, other than the Parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. SECT[ 4N 12. SEVERABILITY. If any one or more of the covenants or agreements provided herein on the part of City or Metroplex to be performed shall, for any reason, be held or shall, in fact, be inoperative, unenforceable or contrary to law in any particular case, such circumstance shall not affect any ather provisions of this Agreement. Further, if any one or more of the phrases, sentences, clauses, paragraphs or sections herein shall be contrary to taw, then such phrase, sentence, clause paragraph or sentence shall be deemed separable from the remaining provisions hereof and shall in no way affect the validity of the other provisions of this Agreement. 4 23  SECTION 13. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may not be amended, changed, modified, altered or terminated, except by an instrument in writing signed by the parties hereto. SECTION 14. EXECUTION OF COUNTERPARTS. This Agreement may be executed in several caunterparts, including by facsimile, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 15. APPLICABLE LAW. This Agreement shall be governed exclusively by the applicable laws of the State of New York, without giving effect to choice of laws or choice of laws rules or principles. SECTION 16. AUTHORIZATION. The City Council has duly authorized the Project, duly appropriated the funds, and authorized and the City' s obligations under this Agreement, and no other authorization or consent from any ather party for the undertaking and financing of this Project and consummation of the agreements and transactions contemplated herein are necessary, or if they are, the City has already abtained such authorization or consents. Signature Page Follows) 5 24  IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed in their respective names by their duly authorized officers and to be dated as of the day and year first written abave. SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY By: Jayme B. Lahut Its: Execvtive Director CITY OF SCHENECTADY By: Gary R. McCarthy tts: Mayar APPROVED AS TO FORM AND CONTENT BY CITY CORPORATION COUNSEL By: Andrew Koldin Its: Corporation Counsel 6 25  MEMORANDUM QF AGREEMENT This Memorandum of Agreement ( this" Agreement") dated this _ day of June 2021, by and between the CITY OF SCHENECTADY, a municipal corporation, with an address of 105 Jay Street, Schenectady, New York 12305 ( the " City"), and the SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY, a public benefit corporation duly organized and existing under the laws of the State of New York and having its office at 433 State Street, Schenectady, New York (" Metroplex"}. The City and Metroplex may be hereafter referred to, individually, as a " party" and collectively, as the " parties". This Agreement is made relative to the proposed project comprised of the design, construction, reconstruction, improvement and rehabilitation of approximately I, 300 linear feet of South Church Street in the City of Schenectady ( the " Project") and the rights, duties and liabilities of the Parties attendant thereto. The total cost of the Project is expected to be approximately One Million One Hundred Seventy- Seven Thousand Seven Hundred Forty- Five Dollars ($ 1, 377, 745) {" Tota1 Project Cost"}. This Agreement is intended to be binding upon the Parties hereko. The location of the Project is within Metroplex' s Service District, as such is defined in Metroplex' s Enabling Act ( N.Y. Pub. Auth Law Title 2$- B of Article 8). Metroplex has determined that the Project wili have a positive economic impact on the City and County of Schenectady. Metroplex and the City have determined that it is in the best interest of the City and County of Schenectady to have the Praject performed, and subsequently, Metroplex has agreed to administer the Project. The City' s cantribution as matching funds for the Project Matching Funds"} is up to Four Hundred Eighty- Five Thousand Two Hundred Forty- Five Dollars ($ 485, 245). The Matching Funds are restricted ta the hard costs of construction and may not include soft costs, such as, engineering, project management and oversight, inspections, or legal among other things. The terms of this Memorandum of Agreement are as follows: 1. The Proiect. Metroplex shall coordinate and undertake, or cause to be undertalcen, or oversee, as necessary, the work on the Project. Metraplex will enter into contracts for the performance of the work on the Project, and licenses or other access agreements to permit the work to be performed. The Project will be administered in compliance with Metroplex' s procurement policy. The approved praject budget and scope of work is attached as Exhibit A. 2. Froiect Cost Outlavs. The parties acknowledge that Project Cost outlays will need to be paid as progress occurs on the Project. Metroplex and the City shall each be obligated to fund 50% of the eligible construction costs for each progress payment for the Project. Metroplex may, in its sole discretion, fund 100°'0 of a progress payment, and in such case, the City shall reimburse Metroplex for 50°J"o of such progress payment outlay within thirty (30) days of receiving Metroplex' s invoice therefore. The City may also make payment directly to the Project general contractor with Metroplex' s consent. This shared funding anangement shall be a material requirement of this Memorandum of Agreement. 26 i 3. Costs: a. Except as otherwise set forth herein, the Parties will bear their respective costs incurred in connection with the transactions contemplated hereby. These costs include without limitation, negotiating, drafting and executing documents required in order to effect same. 4. The City hereby indemnifies, defends and releases Metroplex, and its members, offtcers, agents and employees from, and agrees that foregoing shall not be liable for any and all claims, causes of action, judgments, liabilities, damages, losses, costs and expenses arising as a result of Metroplex' s undertaking and adminisfration of the Project, including, but not limited to, liability for loss ar damage to property or bodily in}ury to or death of any and all persons that may be occasioned, directly or indirectly, by any cause whatsoever pertainir g to the Project and all causes of action and attorneys' fees and other expenses incurred in connection with any suits or actions which may arise as a result of the Project; provided that any such claims, causes of action, judgments, liabilities, damages, losses, costs or expenses are not incurred or do not result directly from the intentional wrongdoing or gross negligence of Metroplex or any of its members, officers, agents or employees. This provision expressly survives expiration or terrnination of this Agreement and completion of the Project. 5. Notice of Default. The parties agree to provide each other with prompt written notice of any event of default which occurs under the terms of any agreement with contractors or vendors in connection with the wark. The parties agree to take such reasonable corrective action is as necessary to remedy, or enforce a remedy, pursuant to such agreements. 6. Authorization. TheCity Councii has duly autharized the Project, duly appropriated the funds, and authorized and the City' s obligations under this Agreement, and no other authorization or consent from any other party for the undertaking and financing of this Project and consummation of the agreements and transactions contemplated herein are necessary, or if they are, the City has aiready obtained such authorization or consents. 7. Metroplex' obligations under this Agreement are expressly contingent upon the Metroplex' s compliance with its obligations and responsibilities under the Public Authorities Accountability Act af 2005 and the Public Authorities Reform Act of 2009 ( collectively, the " Accountability Acts"), as amended or interpreted from time to time, as well as all rutes, regulations, opinions, guidance memoranda internal or external) promulgated or issued pursuant thereto. No default by the Metroplex shall exist nor do any rights and remedies accrue to the City under this Agreement due to any act or omission of Metroplex if such act or omission is reasonably necessary, in Metroplex' s sole and absoiute discretion, to comply with the provisions of the Accountability Acts. 227 8. Governin LLaw. This Agreement shall be governed exclusively by the applicable laws of the State of New York, without giving effect to choice of laws or choice of laws rules or principles. 9. Counterparts. This Agreement may be executed in several counterparts, including by facsimile, each of which shall be an original and all of which shall constitute but one and the same instrument. 10. Amendments. This Agreement may not be amended, changed, modified, altered or terminated, except by an instrument in writing signed by the parties hereto. 11. Assignment. This Agreement shall not be assigned by either party without the other party' s prior written consent. SIGNATURE PAGE FOLLOWSJ 28  IN WITNESS WHEREOF, this Agreement has been duly executed as of the day and year first above set forth. CITY OF SCHENECTADY By: Gary R. McCarthy Its: Mayor SCHENECTADY METRQPLEX DEVELOPMENT AUTHORITY By: Jayme B. Lahut Its: Executive Director APPROVED AS TO FORM AND CONTENT BY CITY CORPORATION COUNSEL By: Andrew Koldin Its: Corporation Counsel 29  EXHIBIT A Project Scope of Wark and Budget Attached) 5 30 31 32 33 34 35 36 37 38 39  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Health and Recreation DATE: November 21, 2022 TO: COUNCILMEMBERS FROM: Doreen Ditoro and Carmel Patrick SUBJECT: CR honoring the Schenectady-Belmont Pop Warner cheerleaders Background Information: The Schenectady-Belmont Pop Warner cheerleaders are headed to Orlando, FL on December 2, 2022 to compete in the national cheerleading tournament. Evaluation/Analysis: The Schenectady-Belmont Pop Warner cheerleading squad has worked hard to win a place at the 2022 nationals. The CR will recognize their achievements and congratulate the team and its coach, Ms. Emoni Raysor. Recommendation: City Council present a CR to the Schenectady-Belmont Pop Warner Cheerleaders at its 11/28/2022 Council meeting. LEGISLATION WILL BE PREPARED BY _____________________ 40  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 11/21/22 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 234 Duane Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 41