City Council

TROY CITY COUNCIL AGENDA REGULAR MEETING March 5, 2015 7:00P.M. Pledge of Allegiance Roll Call Good News Agenda Vacancy List Pursuant to Section 2.72-2 entitled "Public Forum" of the Special Rules of Order of the Troy City Council a period of time shall be designated during each regular or special meeting of the City Council as a public forum during which citizens of the City shall be permitted to address the Council on legislation on that meeting's agenda and on any subject appropriate to the conduct of Troy City government. Length of time allotted for citizen comment shall be no longer than five (5) minutes per speaker. At the completion of the agenda, citizen's comment shall be no longer than five (5) minutes per speaker appropriate to any subject to the conduct of Troy City government. LOCAL LAW ORDINANCES 18. Ordinance Amending the 2015 City Budget to Transfer Funds Within the General Budget Lines. (Council President Wiltshire) (At the Request of the Administration) 19. Ordinance Amending the City of Troy 2015 Fire Department Budget for the Purpose of Reallocating Remaining New York State Homeland Security Grant Funds for Expenditures Related to the Technical Rescue and Urban Search and Rescue Grant Program. (Council President Wiltshire) (At the Request of the Administration) 20. Ordinance Amending the 2015 City of Troy Fire Department Budget for the Purpose of Reallocating Remaining Grant Funds from Federal Emergency Management Agency (FEMA). (Council President Wiltshire) (At the Request of the Administration) 21. Ordinance Amending the Code of the City of Troy, Chapter 270 Vehicle and Traffic, Section 270-24 Impounding Vehicles and Section 270-25 Snow Emergency. (Council President Wiltshire) (At the Request of the Administration) 22. Ordinance Amending the Code of the City of Troy, Chapter 273 Vehicle, Immobilization, Towing and Storage of, Section 273-4 Release ofVehicle, Suspension of Restrictions. (Council President Wiltshire) (At the Request of the Administration) 23. Ordinance Amending the Troy City Code of Ordinances Chapter 216 "Parks and Recreation".(Council President Wiltshire) (At the Request of the Administration) 24. Ordinance Declaring Certain City Owned Property as Surplus and Directing the Comptroller to Dispose of Said Property. (Council President Wiltshire) (At the Request of the Administration)  ORD. #18 ORDINANCE AMENDING THE 2015 CITY BUDGET TO TRANSFER FUNDS WITHIN THE GENERAL BUDGET LINES The City of Troy, convened in City Council, ordains as follows: Section 1. The City ofTroy 2015 GENERAL FUNDS budgets is herein amended and set forth in Schedule A entitled: March 2015 Budget Amendment which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form February 12,2015 Ian H. Silverman, Esq., Corporation Counsel  ORD.#18 MEMO IN SUPPORT Title: Ordinance amending the 2015 General Fund Budget appropriations. Summary of Provisions: This legislation is being initiated by the administration and will transfer funds from certain accounts to a 2015 Budget Strategy Contingency Account Present Law: NIA Purpose: The administration begins the process of building a budget the summer before the budget is due. The administration files the budget on October 1st and the City Council passes the budget in December. The several hundred expense categories contained in the 2015 budget are estimates ofthose expenses made in 2014 for 2015. Overall Budget Fiscal Impact: None City of Troy New York ORD. #18 2015 General Fund Expenditures _ Budget Strategy Department Description Original Proposed Revised Budget Change Budget A1210 Mayor 0101 Salaries 352,231.00 (9,211.67) 343,019.33 a) 0301 Office Supplies 1,500.00 (750.00) 750.00 0303 Other Material and Supplies 200.00 (100.00) 100.00 0403 Printing & Adv. 750.00 (200.00) 550.00 0404 Repairs to Equipment (200.00) (200.00) 0411 Travel 500.00 (500.00) 0.00 0412 Entertainment 800.00 (300.00) 500.00 0415 Employee & Visitor Recognition 1,000.00 (1,000.00) 0.00 0806 Social Security 26,894.00 {696.79) 26,197.21 (12,958.46) A1315 City Comptroller Administration 0101 Salaries 600,036.00 (10,250.00) 589,786.00 a) 0301 Office Supplies 4,000.00 (500.00) 3,500.00 0303 Other Material and Supplies 2,500.00 (1,000.00) 1,500.00 0409-0091 Consultant Svces-Other 5,000.00 (5,000.00) 0.00 0410 Training 4,510.00 (1,725.00) 2,785.00 0411 Travel 500.00 (500.00) 0.00 0806 Social Security 47,283.00 (783.00) 46,500.00 (19, 758.00) A1325 Bureau of Cash Receipts 0101 Salaries 149,739.00 (10,897.00) 138,842.00 a) 0402 Postage 26,000.00 (1,000.00) 25,000.00 0806 Social Security 16,160.00 (523.00) 15,637.00 (12,420.00) A 1345 Contracts and Procurement 0403-005 Printing & Adv._City Hall Copiers 20,000.00 (5,000.00) 15,000.00 0408 Dues & Subscriptions 750.00 (750.00) 0.00 0410 Training 250.00 (250.00} 0.00 (6,000.00) A1355 Bureau of Assessments 0303 Other Material and Supplies 700.00 (500.00) 200.00 0403 Printing & Adv. 15,965.90 (1,200.00} 14,765.90 0404-0068 Repairs to Equipment 500.00 (200.00} 300.00 0409-0078 Consultant Svces-Appraisals 50,000.00 (5,000.00) 45,000.00 0411 Travel 400.00 (100.00} 300.00 (7,000.00} A1410 City Clerk 0201 Other Equipment 1,000.00 (1,000.00) 0.00 b) 0301 Office Supplies 4,000.00 (500.00} 3,500.00 0402 Postage 1,500.00 (250.00} 1,250.00 0409-0023 Consultant Svces _Humane Society 60,350.00 (235.00} 60,115.00 (1,985.00) A1420 Corporation Counsel 0403 Printing & Adv. 1,500.00 (1,300.00} 200.00 0410 Training 1,000.00 (500.00) 500.00 A1930 Judgment & Claims 0414 Judgment and Claims 200,000.00 (6,000.00) 194,000.00 (7,800.00} A1430 Personnel & Civil Service 0101 Salaries 175,394.00 (21,900.00} 153,494.00 A} 0110 Longevity 2,850.00 (950.00} 1,900.00 0410 Training 300.00 (300.00} 0.00 0806 Social Security 13,635.00 (1,675.00} 11,960.00 (24,825.00) A 1490 City Svcs-Admin 0301 Office Supplies 2,000.00 (500.00} 1,500.00 0303 Other Material and Supplies 30,000.00 (1,500.00) 28,500.00 0403 Printing & Adv. 540.00 (100.00) 440.00 (2,100.00) A1620 DPW-Facility Maintenance 0303 Other Material and Supplies 44,000.00 (1,320.00} 42,680.00 0404-0068 Repairs to Equipment 33,000.00 (1,000.00) 32,000.00 0404-0070 Repairs_ Elevator 12,500.00 (1,000.00} 11,500.00 0409 Consultant Svces 30,000.00 (1,500.00} 28,500.00 (4,820.00} A1640 DPW-Central Garage 0301 Office Supplies 750.00 (200.00) 550.00 0304-0057 Vehicle Exp _Parts & Supplies 220,036.84 (5,000.00} 215,036.84 0304-0058 Vehicle Exp _Repairs 100,000.00 (2,500.00} 97,500.00 (7,700.00} City of Troy New York ORD. #18 2015 General Fund Expenditures _ Budget Strategy Department Description Original Proposed Revised Budget Change Budget A1680 Information Services 0301 Office Supplies 250.00 (100.00) 150.00 0303 Other Material and Supplies 64,925.06 (5,750.00) 59,175.06 0401-0047 Telecommunication 7,000.00 (1,000.00) 6,000.00 0404·0027 Maintenance Contracts 110,432.00 (1,100.00) 109,332.00 0410 Training 5,000.00 (2,000.00) 3,000.00 0411 Travel 2,500.00 (1,500.00) 1,000.00 (11,450.00) A1910 Unallocated Insurance 0406 Insurance 345,000.00 (61,738.00) 283,262.00 (61,738.00) d) A3120 Public Safety_ Police 0101 Salaries 8,869,614.00 (51,419.00) 8,818,195.00 c) 0303-0017 Other Material and Supplies Computer 60,000.00 (30,000.00) 30,000.00 (81,419.00) A3320 DPW Traffic Control 0303 Other Material and Supplies 20,087.35 (3,000.00) 17,087.35 (3,000.00) A4020 Vital Statistics/Records Mgt 0409-0017 Consultant Svces Records Retention 14,700.00 (7,700.00) 7,000.00 (7,700.00) A511 0 DPW Street Maintenance 0303 Other Material and Supplies 152,750.00 (4,500.00) 148,250.00 0404-0068 Repairs to Equipment 5,000.00 (2,000.00) 3,000.00 0405 Rental 35,750.00 (5,750.00) 30,000.00 (12,250.00) A7150 City Svcs-Parks, Rec and Events 0301 Office Supplies 2,250.00 (500.00) 1,750.00 0303 Other Material and Supplies 36,301.10 (2,000.00) 34,301.10 0303-2430 Other Material & Supplies- Frear Park 11,000.00 (1,000.00) 10,000.00 0303.2431 Other Material & Supplies- Pools 14,000.00 (1,500.00) 12,500.00 0303.2420 Other Material & Supplies- Golf Course 72,500.00 (1,500.00) 71,000.00 0303.0033 Other Material & Supplies- Knick 43,000.00 (1,500.00) 41,500.00 0403 Printing & Adv. 3,600.00 (1,000.00) 2,600.00 0404-0068 Repairs to Equipment 25,000.00 (1,500.00) 23,500.00 0432 Civic Services 25,000.00 (2,000.00) 23,000.00 (12,500.00) A8020 City Svcs-Pianning & CD 0301 Office Supplies 2,000.00 (750.00) 1,250.00 0403 Printing & Adv. 5,000.00 (2,000.00) 3,000.00 0408 Dues & Subscriptions 3,000.00 (3,000.00) 0.00 0411 Travel 500.00 (250.00) 250.00 (6,000.00) 0.00 A8160 DPW Sanitation 0.00 0303 Other Material and Supplies 2,500.00 (750.00) 1,750.00 0303-0040 Recycling Charges 1,000.00 (1,000.00) 0.00 (1.750.00) $ (305,173.46) A1990 Contingent Account 0418·0091 2015 Budget Contingency Strategy Account 0.00 $ 305,173.46 Net Change $0.00 Footnotes: a) Hireling deferment b) Postponing the purchase of Cerevo live shell UPSTREAM device c) COP's Grant net of Revenues d) Liability Insurance  ORD. #19 ORDINANCE AMENDING THE CITY OF TROY 2015 FIRE DEPARTMENT BUDGET FOR THE PURPOSE OF REALLOCATING REMAINING NEW YORK STATE HOMELAND SECURITY GRANT FUNDS FOR EXPENDITURES RELATED TO THE TECHNICAL RESCUE AND URBAN SEARCH AND RESCUE GRANT PROGRAM The City of Troy, convened in City Council, ordains as follows: Section 1. The City ofTroy 2015 General Fund Budget is herein amended as set forth in Schedule A entitled: "Public Safety- Fire New York State Homeland Security Grant Which is attached hereto and made a part hereof. Section 2. This act shall take effect immediately. Approved as to form, February 12, 2015 Ian H. Silverman, Esq., Corporation Counsel  ORD.#19 MEMORANDUM OF SUPPORT FOR AMENDING THE 2015 GENERAL FUND BUDGET Title: Ordinance amending the 2015 General Fund Budget for the purpose of reallocating remaining "New York State Homeland Security Grant " Effect on Present Law: None Purpose; To develop a regional technical rescue and urban search response team. Fiscal Impact: None - 100% Reimbursable. Council Committee: Public Safety_ Fire I Finance  SCHEDULE A ORD. #19 City of Troy 2014 Budget Amendment Public Safety - Fire New York State Homeland Security Grant Technical Recue and Urban Search and Rescue 2015 Budget Amendment Grant Expended Original * Revised Award 2014 Budget Change Budget General Fund Expenditures - A960 Public Safety Fire Overtime A3410-0103-0105 $73,200 $0 $0 $73,200 $73,200 Equipment Other A341 0-0203-0105 $52,104 $37,971 $0 $14,133 $14,133 Materials and Supplies A341 0-0303-0105 $24.696 $0 $1,750 $1,750 $150 000 Total Expenditures Increase $89,083 a) Revenue - A51 0 Federal Funds_ Homeland Security A3000-4305-0043 $0 $89,083 $89,083 Total Revenue Increase $89,083 Footnote a) 100% Reimbursable * or as previously revised  STATE AGENCY NYS COMPffiOLLER'S NUMBER: C835439 New York State Division of Homeland Security and Emergency (Contract Number) Services 1220 Washington Avenue ORJG!NATING AGENCY CODE: 010n Building 7A Suite 710 Albany, NY 12242 : GRANTEE/GONTRACTOR:{Name ; Address) TYPE OF PROGRAMS: WM2013 SHSP Troy, City of Cl'OA NUMBER: 97.067 1 Monument Square OHSES NUMBERS: WM13835439 Troy NY 12160 FEDERAL TAX IDENTIFICATION NO: 14-6002472 INITIAL CONTRACT PERIOD: MUNlCIPAlnY NO: (if applicable) 380257000 000 FROM 11!12/2013 TO 08131/2015 Sf'S VENDER NO: 1000002394 FUNDING AMOUNT FOR !MtnAL PERIOD: $150,000,00 STATUS: MULTI-YEAR TERM: (If appJical>le) Contractor Is not a sectarian entry. Contractor Is not a not-for.profit organlzaUon. CHARITIES REGISTRATION NUM6ER: APPENDIX A 'ITACHE:D AND PART OF THIS AGREEMENT II J APPENDIX A standard Clauses required by the Attorney 'G"eneral for all State contracts (Enter number or Exempt} XAPPENDIXA1 Agency-specific Clauses if Exempt Is entered above, reason for exemption. XAPPENDIXB Budget l:ontractor has has not __ timely filed with the Attorney General's ChariiliiSBureau all required periodic or annual written1 reoorts. I X APPENDIX C Payment and Reporting Schedule X APPENDIX 0 Program Worl<plan and Special Cond!Uons APPENDIX X Moclfflcalion Agreement Form {to accompany mod!fled appendices for changes ln terms or considerations on an extsUng penod or for renewal periods) _ OHSES.SS BudgetAmondmontiGront Extension Request Other· CertllicaUon Regarding Debarment, Suspension, liiel!glbnity and Voluntary Exclusion .. IN WITNESS THEREOF tlte_AArties hereto have electronically eKecuted orappJOVed lli!s AGREEMENT on the dates of their sjgnalures. NYS Division of Homeland Security and Emergency Services BY: Michele Wahrlich , Director of Granls l='rogram Administration Date: 02/27/2014 State Agency Certification: In addition to the acceptance of thfs contract, I also certify that original copies of this signature page wlll be attached to all other exact copies of this contract. GRANTEE: .. BY: Mr. Louis Rosamilla Mayor Date: 0212712014 ATTORNEY GENERAL'S SIGNAlURE COMPTROLLER'S SIGNATURE Tille: Date: 'Title: Date: -  ORD. #20 ORDINANCE AMENDING THE 2015 CITY OF TROY FIRE DEPARTMENT BUDGET FOR THE PURPOSE OF REALLOCATING REMAINING GRANT FUNDS FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) The City of Troy convened in City Council, ordains as follows: Section 1. The City of Troy 2015 budget is herein amended as set forth in Schedule A entitled: FIREFIGHTER TRAINING_ 2015 Expenses which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form, February 12,2015 Ian H. Silverman, Esq., Corporation Counsel  ORD. #20 MEMO IN SUPPORT Title: Ordinance amending the 2015 Operating Budget for the purpose of reallocating the remaining grant balance from the Federal Emergency Management Agency for the purpose of training various Firefighters to advance emergency medical training Summary of Provisions: The Fire Department has received grant monies from the Federal Emergency Management Agency for the purpose of training five (5) firefighters to Advance Emergency Training-Paramedic Investigator Officer. The grant period is from July 1, 2014 through June 30, 2015. The expenditures allocated in this budget amendment reflect the remaining expenditures that were not spent in 2014. Present Law: NIA Overall Budget Fiscal Impact: This grant is 90% funded by federal government as such we are only increasing the 2015 Budget for the estimated amount that will be reimbursed.  ORD.#20 SCHEDULE A Firefighter Training (FEMA) - 2015 Expenses Grant Project Estimated Expended Cost Current Change Revised Department Account No. Description Costs 2014 Balance Budget ( + 1-) Budget General Fund - Expenditures A960 Fire Department A.341 0-01 03-0108 Overtime AFG Grant $421,476 $93,599 $327,877 $0 $327,877 $327,877 Fire Department A.341 0-041 0-0108 Training AFG Grant $32,700 $24,142 $8,558 $0 $8,558 $8,558 Fire Department A.341U-U423-U1UB Uniforms AFG Grant $1,250 .$.Q $1,250 $0 $1,250 $1,250 $455.426 $111.ill ~33Z,685 Fire Department A.341 0-01 03-0000 Overtime $560,000 ($32,788) $527,212 b) Fire Department A.341 0-0410-0000 Training $36,000 ($856) $35,144 b) Fire Department A.341 U-0423-UUUU Uniforms $57,000 ($125) $56,875 b) Total Expenditure Increase $303,916 General Fund - Revenue A51 0 Federal Aide A5000.4960.0108 FEMA Firefighters Grant (AFG) $0 $303,916 $303,916 a) Total Revenue Increase $303,916 Footnote a) Grant - 90% Reimbursable b) Local Match - 10%  ClTYOFTROY DEPARTMENT OF PUBLIC SAFETY BUREAU OF FIRE 2175 Sixth Avenue Troy, New York 12180 (518) 270-4471 Inter-Office Memo To: Joe Mazariello From: Eric McMahon Date: July31, 2014 RE: AFG Grant Cost Breakdown Joe, Attached are two Excel Spreadsheets that have the anticipated costs associated with sending five (5) firefighters to Advanced Emergency Medical Training-Paramedic. These costs are the anticipated costs. The actual costs are unknown for obvious reasons. I have previously forwarded you an email attachment of the actual AFG Grant. The section of the Grant Narrative that specifically authorizes these expenditures is the "Firefighter Training Narrative-Section# I". Contained in the Narrative is language that stat~s the funding from the Grant will be used for "backfill replacement" as well as "Tuition, Books, and Other Necessary Expenses". · The Grant'was written for a cost of$461,510.00, with $415,359.00 coming from Grant Funding and $41,540.00 coming from the City, a 90/10 split of the cost. The latest analysis of the expenses comes to an amount very close to the original estimate: $455,426.00. Towards this point, it is difficult to account for the effect of the new hires combined with unexpected retirements. If you have any further questions, please feel free to contact me. Regards, Eric McMahon Deputy Chief Troy Fire Department  ~r I ··AFGGrant Anticipated Costs Oct 2014~ June2oi5___ -~~ I Month Year Days in the Month Number of Overtime Shifts Hours per OT Shift Hourly Rate Monthly Cost October 2014 31 78 12 $51.50 . $48,204.00 Novemebr 2014 30 74 12 $51.50 $45,732.00 December 2014 31 78 12 $51.50 $48,204.00 .... January 2015 31 78 12 $51.50 $48,204.00 "' ~ February 2015 28 70 12 $51.50 $43,260.00 March 2015 31 78 12 $51.50 $48,204.00 "' April 2015 30 . 74 12 $51.50 $45,732.00 ..., ¥ay 2015 31 78 12 $51.50 $48,204.00 June 2015 30 74 12 $51.50 $45,732.00 ~ - ·- -~~- - Anticipated Total Labor Costs $421,476.00 --~.~;.w.~~=:;:.=:~~~~~r;~~~:;,;;;;:~::.~·:::~.:;;;:;<~:·~rt~.::~ li~J:':~~.~;:;·:·~-~~~~~··. ·~-~ ·~~::~~  ·- ,. ! Anticipated Training Costs Fee Cost Number of Students Total Cost Fall Semester ·$2,805.00 5 $14,025.00 Spring Semester $2,835.00 r- 5 $14,175.00 Summer Semester $900.00 5 $4,500.00 Hosp Uniform $250.00 5 $1,250.00 . Total Fees $33,950.00 ) .- ------------ ~ ·- ----- ·- - - ---- - ---~---- --~---·--------~- ~~.;.;,,;l-.,....~~..,?.ii~~~~~~~~'iL~-:'\"!<'l;;'f&~.:;;~,;;;;;~,i;.~,..,.,.~.:::~1i?.::~:.::~;.:;:;:,~-:::.:=:::::-::~~·~:::;-=-=:::::::~.:::=''~--,.;"·;::0.':':E'ill'i:f.~;.;:.~;('..',. .:;:":,:,.,·....:,;:;,:::.,·.,.:~~,::~.-.;.:.~~:'.,.~;~  ORD. 21 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, CHAPTER 270 VEHICLES AND TRAFFIC, SECTION 270-24 IMPOUNDING VEHICLES AND SECTION 270-25 SNOW EMERGENCY The City of Troy, in City Council, convened, ordains as follows: Section 1. Chapter 270 Vehicles and Traffic, Section 270-24 hnpounding Vehicles, and Section 270-25 Snow Emergencies; is amended to provide and read as follows with new matter underlined and deleted matter stricken. Chapter 270. VEHICLES AND TRAFFIC § 270-24. hnpounding vehicles. A. Whenever any police officer finds a vehicle unattended where it constitutes an obstruction to traffic or any place where stopping standing or parking is prohibited or in any off-street, City-owned or City- leased public permit parking lot without display of current parking permit or sticker in violation of§ 270-13P, or when two or more $-±4 $50.00 overtime parking violation tickets have been issued to a vehicle parked anywhere in the same block on the same day within the downtown business district or in any off-street non-permit parking lot on the same day or when the owner of any such vehicle is delinquent, for a period oftwo weeks or more, in the payment of three or more parking violation fines, said officer is hereby authorized to provide for the removal of such vehicle, semitrailer or trailer to a garage, automobile pound or other place of safety as designated by the Bureau of Police. :g.,. The owner or other person lawfully entitled to the possession of such vehicle m-ay shall be charged with a reasonable cost for removal of the vehicle, fee of $25.00 per day for vehicle storage. not to exceed $35 plus $3 per day (or partial day) for storage of the vehicle, Said fee shall be charged commencing 24 hours after the time of the tow as indicated on the tow sheet and shall be payable prior to the release of the vehicle. after the third full calendar day that the vehicle has been stored, payable before the vehicle is released. h In addition to the aforesaid tO\ving and storage fees, the ovmer or other person entitled to possession of the vehicle shall pay to the City an administrative fee of$15 in connection with any tow ordered pursuant to this section. Said fee shall be paid pursuant to procedures established by the Commissioner of Public 'Narks and the Commissioner ofPublic Safety and shall be paid before the towed vehicle shall be released. § 270-25. Snow emergency. E. Removal of vehicles from City streets: (2) The owner or other person entitled to the possession of such vehicle shall be charged an all inclusive tow for the cost ofthe removal ofthe vehicle a fee of$89 $155.00. In addition, the owner shall-may be charged a storage fee of $25.00 per day for the-any vehicle not recovered within 24 hours of the tow. This fee shall not exceed $10 per twenty four hour period for the first 10 days of storage and $25 per twenty four hour period thereafter. No fee for storage may accrue until after the first:::;.:); 24 hours. For the purpose ofthis section, the twenty-four-hour period begins at the time of the tow and ends at the same time on the next day.  ORD.21 ill: In addition to the afOresaid tmving and storage fees, the mvner or other person entitled to possession of the vehicle shall pay to the City an administrative fee of $3 5 in connection with any tm:v ordered pursuant to this section. Said fee shall be paid pursuant to procedures established by the Commissioner of Public Works m1d the Commissioner ofPublic Safety and shall be paid befOre the tov;ed vehicle shall be released. F. Penalties. In addition to the penalties specified in Subsection E. the owner of any vehicle parked in violation of this section shall be issued a parking ticket which shall subject such vehicle's owner to a fine ofm$50.00. Section 2. This Ordinance shall take effect immediately. Approved as to form February 13, 2014 Ian H. Silverman, Esq., Corporation Counsel  ORD. #22 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY, CHAPTER 273 VEHICLES, IMMOBILIZATION, TOWING AND STORAGE OF, SECTION 273-4 RELEASE OF VEHICLE, SUSPENSION OF RESTRICTIONS The City of Troy, in City Council, convened, ordains as follows: Section 1. Chapter 273 Vehicles, Immobilization, Towing and Storage of; Section 273-4 Release of Vehicle, Suspension of Restrictions, is amended to provide and read as follows with new matter underlined and deleted matter stricken. Chapter 273. VEHICLES, IMMOBILIZATION, TOWING AND STORAGE OF § 273-4. Release of vehicle; suspension of restrictions. A. Any vehicle removed, immobilized or stored as herein provided shall be promptly released to its owner upon the payment of outstanding parking fines and the satisfaction of outstanding traffic warrants. Said owner shall be charged a fee of$125 for towing, $155 for towing during a declared snow emergency and for a flatbed for a necessary flat tow; and shall also be charged an administration fee, the amount of '.vhich shall be set by ordinance of the City Council, for each vehicle so removed, immobilized or stored; and, in the event a vehicle is stored as provided herein for a period in excess of one '.veek an additional_;! storage fee of $25 per day will be charged commencing 24 hours after the time of the tow as indicated on the tow sheet. Section 2. This Ordinance shall take effect immediately. Approved as to form February 13, 2014 Ian H. Silverman, Esq., Corporation Counsel  ORD. #24 ORDINANCE DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS AND DIRECTING THE COMPTROLLER TO DISPOSE OF SAID PROPERTY The City of Troy, in City Council, convened, ordains as follows: Section 1. Pursuant to C-73 (A) of the City Charter, the item of City owned property, described in the attached memorandum is herein declared to be surplus and the City Purchasing Agent or a designee, is hereby authorized and directed to sell all said property. Section 2. The said property shall be sold "as is" for the highest bid price and on such additional terms and conditions as shall be set by the City Comptroller. Section 3. If no bidder or bidders are interested in any or all of said property, the City Comptroller is hereby authorized to dispose of any such item. Section 4. This ordinance shall take effect immediately. Approved as to form, February 17, 2015 Ian H. Silverman, Esq., Corporation Counsel  RES. #17 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following persons, as identified in the attached applications hereto and made a part hereof, Commissioners ofDeeds for the City of Troy for a two-year term. Colleen M. Hayes- 03/05/2015-03/05/2017 Carmella R. Mantello - 03/05/2015-03/05/2017 98 Euclid Avenue 47 Roselawn Avenue Troy, New York 12180 Troy, New York 12180 Approved as to form, February 3, 2015 Ian H. Silverman, Esq., Corporation Counsel  RES.#18 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MOHAWK HUDSON HUMANE SOCIETY BE IT RESOLVED, that the City Council hereby authorizes the Mayor to execute an Agreement with the Mohawk Hudson Humane Society in substantial conformance with the contract attached hereto and made a part hereof. Approved as to form, February 3, 2015 Ian H. Silverman, Esq., Corporation Counsel  MOHAWK HUDSON HUMANE SOCIETY 3 Oakland Avenue, Menands NY 12204 TEL (518) 434-8128 FAX (518) 434-0217 WEB mohawkhumane.org January 19,2015 The Honorable Louis Rosamilia Mayor, City of Troy Office of the Mayor 433 River Street Troy, NY 12180 Re: 2015 Animal Sheltering Agreement Dear Mayor Rosamilia: Since 1887 the Mohawk Hudson Humane Society has provided shelter and care for lost, abandoned and abused animals in the Capital District Region. For much of that time, we have helped municipalities in Albany and Rensselear Counties comply with Articles Seven and 26 of the New York State Agriculture and Markets Law by entering into contracts with municipalities to provide animal sheltering services. We are happy to continue to provide these services and are proud of the strong partnerships that we have formed with Capi~al District communities. I have enclosed two copies of our 2015 anini.al housing agreement. If you find the agreement to be acceptable, please have an authorized representative of the city sign and date both copies and return them to me. I will then return a signed copy to you. If you have any questions regarding the agreement please feel free to contact me. Thank you for participating again in the Mohawk Hudson Humane Society's animal shelter program and we look forward to working together in 2015. Sincerely, . .--. . -~,7 f?~·- (:<f· .- -~ ~Lc..v/,. Brad Shear Executive Director Enc.  . r----------~-. :~.- 2015 Animal Shelter Agreement between Mohawk & Hudson River Humane Society and the City of Troy THIS AGREEMENT, (hereinafter, "AGREEMENT") made this day of _ _ _ _, 2015, and effective January 1, 2015 to December 31, 2015 between the City of Troy, a municipal corporation in the County of Rensselaer, State of New York, _ hereinafter "MUNICIPALITY" and the MOHAWK AND HUDSON RIVER HUMANE SOCIETY, a domestic non-profit corporation, with its principal place of business at 3 Oakland Avenue, County of Albany and the State of.New York, hereinafter "SOCIETY". WITNESSETH WHEREAS, the MUNICIPALITY has the obligation to seize dogs pursuant to Agriculture and Markets Law Article 7 and Article 26 (hereinafter LAW), and to assure that the dogs are properly sheltered, fed and watered and the MUNICIPALITY desires to obtain the services of the SOCIETY to perform such services as required in Article 7 of the LAW for the redemption periods specified; and WHEREAS, the SOCIETY maintains a shelter for dogs, cats (individually, an "Animal" or collectively, "Animals") brought to it from residents and/or animal control officers of the MUNICIPALITY.. NOW THEREFORE, IJ IS AGREED between the parties hereto as follows: ARTICLE I 1.) The SOCIETY will provide and maintain a shelter for dogs seized under Section 117 of the LAW, will properly care for all dogs in its care, and will humanely euthanize, inake available for adoption or transfer seized dogs not redeemed as provided in the LAW and the rules and regulations promulgated by the New York State Department of Agriculture and Markets pursuant thereto. 2.) The SOCIETY will accept domestic dogs and cats from the MUNICIPALITY under the terms of this AGREEMENT. The MUNICIPALITY must secure prior authorization from SOCIETY management prior to bringing any other Animal to the SOCIETY. 3.) All impoundment fees imposed by the MUNICIPALITY will be paid to the Municipality and licenses shall be issued by the MUNICIPALITY to the dog's owner at ----tl=le-Ml:IAieif)ality~s-Gier-k-'-s-GffiGe.-AII-imf)Gl.lr-IGimer-~t-ar.~GI-IiGer-lse-fees-sl:lall-be-tl:le-pr.oper:ty._ _ _- l of the MUNICIPALITY. Animals may be redeemed at the SOCIETY during normal business hours. The operating hours of the SOCIETY will be provided to the  MUNICIPALITY'S clerk's office at the beginning of the year, and will be updated if changed. The SOCIETY will permit redemption by the lawful owners of seized Animals during its posted hours for redemptions, directly from the SOCIETY'S location in Menands, New York. Dogs must be properly licensed by the MUNICIPALITY. All redemption fees must be paid to the MUNICIPALITY. The MUNICIPALITY shall provide the owner with proof of compliance of licensure and payment of redemption fees, and the owner of the Animal shall present said proof to the SOCIETY. 4.) The SOCIETY will operate an animal shelter as required in the LAW and will make itself accessible daily to the MUNICIPALITY for the acceptance of dogs and non- canine Animals brought to the SOCIETY by the MUNICIPALITY and its officers. The SOCIETY agrees to provide SOCIETY staff to aid in the entry process for the Municipality's Animals into the shelter during business hours only. Officers of the MUNICIPALITY will be given twenty-four (24) hour access, for the limited purpose of bringing the MUNICIPALITY'S Animals to the SOCIETY'S incoming area. If the SOCIETY'S incoming area is full, the MUNICIPALITY officer will page the on-call SOCIETY staff for assistance in kenneling the MUNICIPALITY'S Animals. The SOCIETY will file and maintain a complete record of any seizure and subsequent disposition of any dog in the manner described by the Commissioner of Agriculture & Markets, as well as any record required by Article 7 and the rules and regulations · promulgated pursuant thereto. 5.) The MUNICIPALITY agrees that all Animals suffering from illness or injury will be treated by a licensed veterinarian at the MUNICIPALITY'S expense before being brought to the SOCIETY for holding. Other than prophylactic care provided for in Article II, if veterinary care is required during the redemption period or during the court mandated holding period, the SOCIETY will bill the MUNICIPALITY for the cost of the service. The SOCIETY'S professional staff will determine the need for veterinary care. 6.) The SOCIETY'S records relative to the dispositions of any dogs seized by the MUNICIPALITY shall be available for inspection by the MUNICIPALITY at the times at which the SOCIETY'S offices are open to the public. 7.) The MUNICIPALITY will complete intake forms provided by the Society at the time the Animals are brought to the Society for each Animal, which forms will state desired holding time, seizure reason and release date. 8.) The redemption period for identified dogs is seven (7) days or nine (9) days if notice served by mail. Notice must be served by the MUNICIPALITY. The MUNICIPALITY will inform the SOCIETY of the method of notification. The redemption period is five (5) days for dogs with no identification. The MUNICIPALITY may request in writing that a dog be held by the SOCIETY for a period greater than the redemption ------per-iod.-T-he-MUNI.CIP-A61:r-Y-wi11-notify-the-SOGIE.:r-Y-of-the,..final-date-of-tt:le-r-edemption----t · period at the time the dog is brought to the SOCIETY.  \. ARTICLE II 1) The MUNICIPALITY agrees to pay the SOCIETY $5,000 per month for services rendered under this AGREEMENT. In addition to the services set forth in Article I above services shall include: • Health and temperament assessment of dogs and cats • Prophylactic medical treatment and testing, vaccinations, deworming and flea treatment. • Full service adoption program including spay or neuter prior to release. • Acceptance of dogs surrendered to the MUNICIPALITY by residents. • Acceptance of deceased domestic animals from the MUNICIPALITY's officers for cremation. 2) All fees due under this AGREEMENT shall be paid within thirty (30) days of a monthly invoice being sent by the SOCIETY to the MUNICIPALITY. In the event monthly fees are not paid in full, SOCIETY may assess a late payment charge equivalent to ten percent (1 0%) per year of the unpaid balance, or the maximum \ amount permitted by law, whichever is less. Failure of the MUNICIPALITY to make such payment in full within thirty (30) days of the due date shall constitute grounds for termination of this AGREEMENT, and notification to the Commissioner of Agriculture and Markets of the MUNICIPALITY'S violation of Article 7 of the Agriculture and Markets Law. ARTICLE Ill 1) This AGREEMENT shall become effective on January 1, 2015 and shall continue in effect until December 31, 2015. Notwithstanding the foregoing, either party shall have the right to terminate this AGREEMENT with or without cause upon thirty (30) days written notice of such termination. 2) Notwithstanding the prior terms hereof, the SOCIETY by its Board of Directors reserves the right, on thirty (30) days written notice, to terminate this AGREEMENT without further responsibility on its part in the event that the MUNICIPALITY adopts any local law or ordinance which requires the SOCIETY to perform any act inconsistent with its humane principles. 3) If any term or provision of this AGREEMENT or the application thereof to any person, firm or corporation or circumstance shall, to any extent, be determined to be ··----- ·- -invalid-oranenforceable-;-the-remainder-of-this-A6-REEMEN1-;-or-the-application-of-sttch----l terms or provisions to persons, firms, or corporations or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term ·:"1• • or provision of this AGREEMENT shall be valid and be enforced to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties by their duly authorized representatives have signed as of the date indicated on the first page of this AGREEMENT. City of Troy: By: (Signature)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Municipal Official Name (Print): _ _ _ _ _ _ _ _ __ Title:,_ _ _ _ _ _ _ __ Date: ------------ MOHAWK AND HUDSON RIVER HUMANE SOCIETY By: Date: Bradley Shear Executive Director Mohawk & Hudson River Humane Society --·----------------·----··---·----------·-----·-·---·--··------------ ·------------------  RES.#19 RESOLUTION CONFIRMING KATHLEEN CIETEK'S APPOINTMENT TO THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (TROY IDA) WHEREAS, Chapter 43-A ofthe Consolidated Laws ofNew York State, "Public Authorities Law", created and established the Troy Industrial Development Authority, hereinafter, "the Troy IDA", and WHEREAS, the Troy IDA consist of a chairman and eight other members, all of whom are appointed by the Mayor of the City, subject to confirmation by the City Council, for a term of three (3) years, and shall include: two (2) members of the City Council of the City ofTroy; one (1) representative of the school board; and one (1) representative from each of the fields ofbusiness, industry and labor, and WHEREAS, a vacancy exists on the Troy IDA as a result of the departure of the Mary O'Neill; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby confirms Kathleen Cietek to the Troy IDA to serve the unexpired term of Mary O'Neill which commences immediately and will expire on April 8, 2015. Approved as to form, February 3, 2015 Ian H. Silverman, Esq., Corporation Counsel  RES. #21 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR THE REMOVAL/STORAGE AND DISPOSAL OF MOTOR VEHICLES WITH CITY OF TROY TOWING CONTRACTORS FOR THE PURPOSE OF PERFORMING CITY DIRECTED AND POLICE ASSISTED TOWS AS DEFINED IN THE ATTACHED CONTRACT BE IT RESOLVED, that the City Council hereby authorizes the Mayor to enter into an Agreement with the Troy towing contractors for the purpose of performing City directed and police assisted tow in substantial conformance with the contract attached hereto and made a part hereof. Approved as to form, February 13, 2015 ______________________________________ Ian H. Silverman, Esq., Corporation Counsel TABLED  RES. #21 CITY OF TROY, NEW YORK City Hall- 433 River Street Troy, New York 12180 AN AGREEMENT FOR THE REMOVAL/STORAGE AND DISPOSAL OF MOTOR VEHICLES  RES. #21 AGREEMENT, made this day of - - - - - - - - - ' by and between the CITY OF TROY, NEW YORK, a municipal corporation with principal offices located at City Hall, 433 River Street, Troy, New York, hereinafter called the "CITY", and with principal offices located at , hereinafter called the "CONTRACTOR". DEFINITIONS: City Directed Tow - a result of a proactive City action such as a violation of law, impoundment, abandonment, street cleaning, snow removal, seizure, arrest and emergency removal to ensure public safety. Police Assisted Tow- the result of a reactive police action, the necessity of which is not initiated by the police. Examples of police assisted tows are accidents and disabled motor vehicles. Police assisted tow requests are normally considered private and are at the request of the vehicle's owner or driver. Police assisted tow requests are not subject to regulation by this agreement however, contractors are expected to provide quality service at reasonable rates. Rates that are above the normal range, as determined by current tow industry standards, will be considered unreasonable. The city reserves the right to cancel this agreement with any contractor that violates this good faith clause. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION 1. TERM 1.1 This agreement shall commence upon CONTRACTOR'S receipt of a fully executed copy of this agreement and shall terminate on December 31, 2017, unless sooner terminated as herein provided. SECTION 2. ASSIGNMENT 2.1 CONTRACTOR shall be assigned to effect all tows summoned by the Police Department and/or Department of Public Works, (DPW) pursuant to Chapters 270 and 273 of the Troy Code of Ordinances, in accordance with the provisions of this agreement and in accordance with any rules, procedures or policies now, or hereafter, promulgated by the Police Chief or his/her designee and/or the Deputy Mayor and/or his/her designee of the City of Troy. 2  RES. #21 2.2 This agreement shall not be exclusive. The CITY reserves the right to also enter into agreements with other tow companies, especially when the need for multiple tows is more than can be met by all the participating tow agencies, as determined by the City. 2.3 During their turn in rotation each tow agency shall be responsible for all tow needs in the City for one week within their respective tow zone, beginning Sunday at 12:00 AM and ending Saturday at 11:59 PM. Tow rotation and/or zone shall be set or modified at the pleasure of the City. Tow operators shall be provided with a tow rotation schedule on the first of every month for the duration of this contract. 2.4 When towing services are required, the CONTRACTOR responsible for the week shall receive the assignment. In instances where the appropriate CONTRACTOR is not able to respond to a call for service due to EXIGENT circumstances the next available CONTRACTOR in the rotation shall be called. 2.5 All CONTRACTORS shall be available for special operations and will be assigned to work with specific CITY work crews by the Deputy Mayor, or his/her designee or the Chief of Police or his/her designee. All CONTRACTORS agree to give priority service to the City in the event of a declared snow emergency. 2.6 CONTRACTOR'S vehicles and equipment specified in Section 3 below, shall be available for assignment on a twenty-for (24) hour per day, seven (7) day per week basis. SECTION 3. VEHICLES, EQUIPMENT, DRIVERS, FACILITY 3.1 The CONTRACTOR must have available for service for the duration of the contract, a minimum of two (2) trucks in the 1 1/2 ton rated capacity range, such as, but not limited to, Chevrolet C-30; Ford series F-350, or other brands of similar capacity. Each truck shall be of a wheel lift or flatbed design that renders it capable of towing any passenger car or light truck vehicle. Each truck shall have a tool chest with assorted wrenches and screw drivers to handle steering and transmission locks, hazard warning lights, rear mounted work lights, wheel straps to securely attach the towed vehicle to the tow truck (where applicable), and a two-way radio and/or cellular phone capable of communicating with a base station at the vehicle storage facility. Additionally, each truck shall be in proper working order, free from major rust or body damage, and shall be permanently marked on each side with the name of the tow company. The Police Chief or the Deputy Mayor of the City of Troy, or a designee, in their sole discretion, shall determine the adequacy of the trucks and related equipment. 3.2 Each CONTRACTOR shall provide to the City proof of a valid registration and valid vehicle insurance for each of their designated tow vehicles. For purposes of this agreement only those tow vehicles to be utilized for contractual towing need to be registered with the City. All documentation shall be submitted to the Office of the Chief of Police prior to the approval of this agreement. 3  RES. #21 3.3 Tow vehicle drivers must be employees of the CONTRACTOR and must possess valid N.Y.S. Tow Truck Driver licenses. All documentation shall be submitted to the Office of the Chief of Police prior to the approval of this agreement. 3.4 Vehicles shall be towed to a secure vehicle storage area either owned or leased by the CONTRACTOR. If said CONTRACTOR leases storage area, CONTRACTOR shall furnish a copy of the lease agreement to the CITY prior to the execution of this agreement. 3.5 The storage area shall be completely enclosed by a fence of a height of at least six (6) feet and shall be kept secure at all times. The storage area shall be marked with a suitable sign identifying said area and containing the tow agency name and contact phone number. 3.6 CONTRACTOR agrees that the storage area shall be located within the City limits and be lighted from sundown to sunrise. CONTRACTOR shall provide the Office of the Police Chief documentation relative to the location of their lot. Changes of location must be submitted to the Police Department and the Deputy Mayors Office and shall have written approval of both offices before becoming operational. Primary Lot Address_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Secondary Lot Address_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 3.7 CONTRACTOR agrees to provide an office and sufficient clerical personnel at the storage area during normal business hours of their week in rotation, and personnel on call twenty-four (24) hours, seven days per week at all other times to avoid any undue delay in the redemption of vehicles. 3.8 The adequacy of the CONTRACTORS storage areas shall be determined by the Police Chief and the Deputy Mayor, or their designee, in their sole discretion. In the event the CONTRACTOR obtains a new storage area during the term of this agreement, that storage area shall also meet all the requirements specified in this section. All CONTRACTOR storage facilities must be approved by the City before use. 3.9 Persons retrieving their vehicles from the storage location within one (1) hour of the vehicles arrival at said facility shall not be charged a gate fee. A gate fee, not to exceed $35.00, may be charged by the CONTRACTOR for vehicles retrieved between the hours of8PM -?AM. SECTION 4. RESPONSE TIME 4.1 CONTRACTOR shall respond to the location of the vehicle( s) to be towed with the necessary vehicles and equipment specified in Section 3 above, within twenty (20) minutes of the assignment by the CITY. 4  RES. #21 SECTION 5. REASSIGNMENT 5.1 Upon contact by the CITY'S Public Safety or Public Works dispatcher for an assignment, CONTRACTOR will acknowledge and indicate an estimated response time to the scene. If the estimated response time is in excess of thirty (30) minutes, or if the actual response time is in excess of thirty (30) minutes, the dispatcher may assign the tow to the next contractor in the rotation. SECTION 6. IDENTIFIED VEHICLES 6.1 CONTRACTOR shall tow only such vehicles identified by the appropriate dispatcher or at the scene by a CITY Police Officer, Public Works Officer, or any city employee so empowered. SECTION 7. DISABLED CITY VEHICLES 7.1 CONTRACTOR agrees to tow any disabled CITY passenger car vehicle or light truck as requested by the CITY for tow credit outside of normal operating hours. (Officers receiving these services after hours will sign a receipt or invoice from the tow operator. Said receipt shall be forwarded to the Police Chief or his/her designee for review). In exceptional cases where a larger vehicle is involved (e.g. ambulance, garbage truck, fire engine etc.) or where exceptional circumstances may be present, the City has the option to call for an outside contractor. SECTION 8. VEHICLE REMOVAL 8.1 For police assisted (private) tows: Nothing contained herein shall be construed to deprive a vehicle owner or his/her representative of the right to make his or her own towing arrangement within a reasonable time, when he or she is on the scene prior to a tow being ordered, or prior to the vehicle being removed from the scene by a CONTRACTOR. However if the vehicle is creating a public safety hazard the police officer on the scene will make the final determination of tow options. SECTION 9. TOWING FEE 9.1 When the owner or other party entitled to possession of any vehicle removed by CONTRACTOR pursuant to this agreement, seeks to redeem said vehicle, CONTRACTOR shall ensure any vehicle towed pursuant to a violation of law, has been released by the CITY Police Department prior to its release to the owner. The fee schedule to be collected by the CONTRACTOR shall be one-hundred-twenty-five dollars ($125.00) for a standard City directed tow and one-hundred-fifty-five dollars ($155.00) for a City directed tow during a declared snow emergency. (A) Tow Process- A vehicle shall be deemed "towed" if: the vehicle is fully connected to the tow truck and the truck has left the scene. 5  RES. #21 (B) Whenever a police or DPW directed tow is being effected by a tow contractor, and the owner arrives before the vehicle is actually towed from the scene (refer to definition of "towed" in the previous section), the tow shall be cancelled as long as the owner can legally move the vehicle within a reasonable period of time as determined by the City department authorizing the tow. (C) If the vehicle is released pursuant to the previous section, the tow contractor is entitled to a $25.00 service call. The owner of said vehicle shall have up to 20 minutes to make payment. In this situation, the tow operator shall be paid in cash and shall provide receipt to the vehicle owner. 9.2 The CONTRACTOR will accept as a method of payment any of the following: a) Cash b) Money order c) Certified check d) Cashiers check e) Major credit cards, including at least Master Charge, Visa, and Discover. Upon any payment to the CONTRACTOR, the towing contractor shall issue a receipt, in a format approved by the City Comptroller indicating the breakdown of charges including the tow charge, the daily storage charge, and the first day that such storage charges began to accrue and the total number of days for which storage was charged. 9.3 During the contract term, CONTRACTOR shall submit to the CITY'S Police Department, within twenty-four (24) hours upon the conclusion of their tow rotation, a list of all vehicles towed pursuant to this agreement, indicating which vehicles have been redeemed, and the date thereof and whether said towed vehicles were accident vehicles, and also which towed vehicles were sold at auctions or junked, and a list of any vehicles towed pursuant to this agreement which still then remain unclaimed for more than thirty (30) days. The Police Department shall forward tow sheets on a weekly basis to the City Comptroller's Office. 9.4 Upon receipt of CONTRACTOR'S list, the CITY'S Comptroller's Office shall compute a bill. Said bill shall be computed at a cost of fifty dollars ($50) per each City directed tow. 9.5 Within thirty (30) days of receipt of the CITY'S bill, CONTRACTOR shall make payment. If CONTRACTOR disputes the amount of the bill, CONTRACTOR shall immediately contact the City Comptroller's Office, in writing within five (5) days of the receipt of the City's bill. If the CONTRACTOR fails to so notify the City Comptroller or her designee, the City's bill is deemed to be accurate. If a CONTRACTOR bill is not paid within the specified period, the City Comptroller's Office will notify the Police Chief or his/her designee and the Police Department will take the necessary steps to remove the CONTRACTOR from the towing roster. The CONTRACTOR may apply for reinstatement only upon satisfactory payment of all outstanding monies due to the City of Troy. 6  RES. #21 9.6 During the contract term, CONTRACTOR shall submit to the City Comptroller's Office on a MONTHLY basis, a list of towed vehicles not redeemed and sold as junk. This list shall be accompanied by a DMV form 907 A (DMV Statement of Abandoned Vehicle) for each "junked" vehicle by which the CONTRACTOR is requesting credit for. 9.7 A towing credit in the amount of $75.00 shall be granted to the CONTRACTOR for any vehicle released at no charge to the owner as authorized by the Police Chief or Deputy Mayor and/or their designee. Requests for credit will not be granted until the Deputy Mayor and/or the Police Chief have determined that the explanation provided for the release is legitimate and a vehicle release form signed by the Deputy Mayor and/or the Police Chief or their designee has been forwarded to the tow contractor. SECTION 10. STORAGE CHARGES 10.1 CONTRACTOR agrees to post conspicuously its schedule for the storage of motor vehicles at its storage areas and central office. This fee shall be twenty-five ($25) dollars per twenty-four hour period. No fee for storage may accrue until after the first twenty-four (24) hours. For the purpose of this section the twenty-four hour period begins at the time of the tow and ends at the same time on the next day. All twenty-four hour computations will be consistent with that time, not the start of business each day. 10.2 The CITY shall not be responsible for payment to CONTRACTOR for any storage fees for any vehicle towed at the direction of the CITY whether or not redeemed by the vehicles' owner, or unclaimed, or otherwise. 10.3 Whenever the Deputy Mayor or the Police Chief or their designee notifies the CONTRACTOR that a particular tow was assigned by the CITY illegally or improperly, the CONTRACTOR shall release the towed vehicle to the person entitled to possession thereof without charge to said person for towing, storage or otherwise. In such instances the Contractor may seek reimbursement from the City. Requests shall be forwarded to the Deputy Mayor or the Police Chief for approval. The City reserves the right to satisfy any approved settlement by issuance of credit towards any outstanding or future monthly tow billings, or regular monies, after presentation and approval of documentation required by the City Comptroller. (See Section 9-9.7 tow credit) 10.4 In certain instances the City may need to hold a vehicle as evidence of a criminal investigation. The contractor agrees to store said vehicle with no accrual of storage fees. 10.5 The contractor shall not store any towed vehicles on a public street or any public property or at any place other than at the approved primary or secondary lot without authorization from the Deputy Mayor or the Police Chief or their designee. 7  RES. #21 SECTION 11. UNREDEEMED VEHICLES 11.1 All vehicles not redeemed may be disposed of by the CONTRACTOR pursuant to Section 1224 of the Vehicle & Traffic Law of the State of New York and Sections 184 & 201 of the Lien Law. The CITY'S Police Department representative shall approve a list of all vehicles being disposed of. If the vehicle is improperly disposed of the contractor shall be liable for indemnification to the CITY and/or any other party harmed thereby. SECTION 12. VEHICLE STORAGE UPON CONTRACT EXPIRATION 12.1 At the end of the contract term, CONTRACTOR agrees to store any unclaimed vehicles at its storage area at no cost to the CITY, for the period of six (6) months following contract expiration to enable the CITY to dispose of said vehicles pursuant to Section 1224 of the V&T Law. SECTION 13. MAINTENANCE OF RECORDS 13.1 Upon commencement of this agreement, CONTRACTOR shall furnish the CITY, at no cost, one (1) gross of pre-approved blank tow reports (CONTRACTOR'S name shall not be indicated thereon). Thereafter, CONTRACTOR shall supply, at no cost, additional tow reports as requested by the CITY. Such request shall be made equally to all CONTRACTORS operating pursuant to Section 2.2 of this agreement. 13.2 Prior to a vehicle being towed, a CITY representative at the scene shall complete the authorized tow report, except those matters pertaining to storage and vehicle disposition. CONTRACTOR'S representative at the scene who shall be furnished with one (1) copy of the tow report shall sign the tow report. 13.3 Tow reports shall be three ply and contain the following information: vehicle identification number, make, model, description, plate number, condition, special equipment, apparent damages, an inventory of any visible personal property, date and time of receipt of notice to remove, date and time of removal, or if not removed, reason therefore, date and time stored, if any, and method and date of disposition (sample attached). 13.4 Contractor shall maintain in a form acceptable to the City Comptroller, separate, complete and accurate books and records sufficient to document the accuracy of any and all financial transactions made pursuant to this agreement. SECTION 14. INSPECTION OF RECORDS, VEHICLES, AND FACILITY 14.1 CITY representatives shall have the right to inspect, at all reasonable times, CONTRACTOR'S books, papers and other records pertaining to CONTRACTOR'S performance under this agreement. 8  RES. #21 14.2 CITY representatives shall have the right to inspect CONTRACTOR'S storage area and vehicles removed pursuant to this agreement. The CITY shall have the right to maintain a representative at CONTRACTOR'S storage area for the purpose of inspection without prior notification. SECTION 15. INDEMNIFICATION AND INSURANCE 15.1 The CONTRACTOR will indemnify and save harmless the CITY, the Department of Public Safety and the Department of Public Works and their officers, agents and employees, from all loss or damage arising from any act or omission of the CONTRACTOR, its agents, servants, employees and independent contractors in the performance of work described in this agreement. 15.2 The CONTRACTOR shall, at his own cost and expense, procure insurance for the term of this agreement to protect CONTRACTOR from claims under the Worker's Compensation Law of the State of New York, and shall procure a comprehensive public liability insurance policy, on which the CITY OF TROY shall be named insured, to protect CONTRACTOR and City of Troy from claims of loss, theft or damage to property and for personal injury, including death, which may arise out of or in connection with the performance of this agreement. All liability policies shall provide limits of five hundred thousand dollars ($500,000.00) personal injury and a minimum of two hundred and fifty thousand ($250,000.00) property damage. Said policies, or certificates of said insurance, shall be delivered to the CITY prior to execution of this agreement, and shall be subject to the approval of the Comptroller. SECTION 16. INTERVENTION IN LAWSUIT 16.1 In the event that legal action is commenced against the CONTRACTOR based upon a cause of action emanating from his performance under this contract, the CITY reserves the right to intervene in any such lawsuit at its option. However, neither the CITY nor any of its departments shall be obligated to defend such action, nor shall they incur any liability by reason of such intervention or failure to intervene. SECTION 17. INDEPENDENT CONTRACTOR 17.1 The performance of CONTRACTOR'S services hereunder shall be in his capacity as an independent CONTRACTOR and not as an officer, agent or employee of the CITY. SECTION 18. COMPLIANCE WITH APPLICABLE LAWS 18.1 In carrying out the terms and conditions of this agreement, the CONTRACTOR shall comply with all federal, state and local laws or ordinances including applicable rules and regulations of the CITY. SECTION 19. AMENDMENT 9  RES. #21 19.1 The terms of this agreement may be changed, amended, or waived, or additional terms entered into only upon mutual agreement in writing, between the parties. SECTION 20. CANCELLATION 20.1 Either party may terminate this agreement without cause by sixty (60) days written notification either personally delivered or mailed to the other party's address set out above. 20.2 The City reserves the right to investigate any complaint lodged against a CONTRACTOR and, if just cause exists, restrict the CONTRACTOR from active participation in this agreement or if warranted, termination from the agreement. The Deputy Mayor or Police Chief shall be responsible for the administration of due process and, if applicable, the determination of the restriction time length. SECTION 21. ASSIGNMENT PROHIBITED 21.1 CONTRACTOR shall not assign, convey, transfer, sublet or otherwise dispose of this contract without prior written consent of the CITY. SECTION 22. RULES AND REGULATIONS 22.1 The Police Chief and the Deputy Mayor may issue rules and regulations necessary to effectively carry out the purposes of this contract and consistent with proper enforcement of state and local laws pertaining to the operation of motor vehicles and the CONTRACTOR agrees to comply therewith during the duration of this contract. SECTION 23. REMOVAL OF PERSONAL PROPERTY 23.1 Upon authorization by the Police Chief or his/her designee, the Contractor agrees to allow the owner, or any person with legal access, to remove personal belongings from any vehicle obtained via a police directed CITY tow. Personal belongings shall be defined as any article contained within the vehicle that is not directly, or indirectly, part of the vehicle. Optional equipment attached to, or wired into the vehicles electrical system, is to be considered part of the vehicle and not subject to personal property release. License plates are the property of the Department of Motor Vehicles and shall be released upon demand. Section 24. RESPONSE TO COMPLAINTS 24.1 The contractor shall promptly and courteously respond to all complaints by the public. This duty shall include providing the name and telephone number of the contractor's insurance company and claim agent, if requested by a complainant. 10  RES. #21 APPROVED AS TO FORM lan Silverman, Corporation Counsel CITY OF TROY BY: ______________________________________ Lou Rosamilia - Mayor DATE CONTRACTOR: BY: _____________________________________ DATE 11  RES. #21 STATE OF NEW YORK ) ) ss.: COUNTY OF RENSSELAER) On this_ _ _ _ _ _ _ day o f - - - - - - - - - - ' before me personally came Louis A Rosamilia, to me personally known, who, being by me duly sworn did dispose and say that he is the Mayor of the City of Troy the Corporation described in and which executed the foregoing instrument; and that he signed his name hereto pursuant to authority granted by resolution of the Troy City Council. Notary Public-State of New York STATE OF NEW YORK) ) ss.: ) On this_ _ _ _ _ _ _day o f - - - - - - - - - . , - - - - ' before me personally came - - - - - - - - - - - - - - - - - ' to me personally known, who, being by me duly sworn did dispose and say that he is the TOW COMPANY CONTRACTOR described in and which executed the foregoing instrument; and that he signed his name hereto pursuant to authority granted by resolution of the Troy City Council. Notary Public-State of New York 12  RES. #23 RESOLUTION TO EXECUTE A MEMORANDUM OF AGREEMENT TO ENTER A SOLAR POWER PURCHASE AGREEMENT WHEREAS, the City of Troy is a New York Climate Smart Community; and WHEREAS, the City of Troy has received responses to its request for Solar Power Purchase Agreement Proposals; and WHEREAS, the City Administration has identified and reviewed proposals that it chosen to select to enter into a Power Purchase agreement to allow the construction of Solar installations on the City Properties. NOW THEREFORE, BE IT RESOLVED: THAT The Troy City Council expressly authorizes the Mayor to enter into a Memorandum of Agreement with the selected Respondents for the purposes of acquiring the necessary approvals and funding methods in anticipation of entering into a Solar Power Purchases agreement; and THAT Power Purchased will be from Solar Installations constructed for the benefit of the City.  RES. #23 MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF TROY AND MONOLITH SOLAR AGREEMENT 1. Object of the Agreement 1.1. The Parties shall enter into this agreement with the objective of developing a Solar Photovoltaic installation on land identified in the bidder’s response to the City’s request for proposals. 1.2. Currently, the Parties agree on the following topics that are going to be dealt with under this Agreement: a. The City will enter into a Power Purchase Agreement with the company on the land detailed within the bid response. Namely: Troy Water Treatment Plant; Troy Landfill Area and other city-owned properties. b. The City has selected to allow the company to develop and construct a 3MW Solar Photovoltaic system on land described as Troy Water Treatment Plant; Troy Landfill Area and other city-owned properties. c. This project will commence due diligence and engineering work immediately after both parties agree in writing to this MOA. d. The term of the PPA is 20 years. e. The initial electricity Rate and Escalator are to be guaranteed in the final Power Purchase Agreement, and if not are causes for termination of this MOA. f. After engineering discovery and due diligence are completed, the company will produce a PPA for execution by the Mayor. g. The Parties proactively work with each other to move the project along to meet the construction timeline that was detailed in the bidder’s response. h.  RES. #23 3. Costs 3.1. No cost shall be incurred by the City for any engineering or due diligence involved in this solar project or development of the PPA. 3.2. The final PPA term will not commence or go into effect until after the photovoltaic system is fully operational, has received permission to operate by the utility, and has been fully commissioned with monitoring. 4. Expiration 4.1. This agreement expires 6 months after the execution date. Agreement The Parties agree to the above as follows. Date Date Louis A. Rosamilia Mayor – City of Troy