City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA July 12, 2018 6:00 P.M. Pledge of Allegiance Roll Call Public Forum LOCAL LAW ORDINANCES 61. Ordinance Transferring Funds Within The 2018 General Fund Budget. (Council President Mantello) (At The Request Of The Administration) 62. Ordinance Transferring Funds Within The 2018 Water Fund Budget. (Council President Mantello) (At The Request Of The Administration) 63. Ordinance Transferring Funds Within The 2018 Sewer Fund Budget. (Council President Mantello) (At The Request Of The Administration) 64. Ordinance Declaring Certain City Owned Property As Surplus And Directing The Comptroller To Dispose Of Said Property. (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 74. Resolution Adopting The Comprehensive Plan And A Negative Declaration Of Environmental Significance. (Council President Mantello) (At The Request Of The Administration) 75. Resolution Authorizing The Mayor To Execute A Contract With Special Event Promotions LLC To Provide For The Road Race Event Management For The Annual Troy Turkey Trot. (Council President Mantello) (At The Request Of The Administration) 76. Resolution Authorizing The Mayor To Execute An Agreement With The Troy Land Bank Relating To The Demolition Of Deteriorated Properties. (Council President Mantello) (At The Request Of The Administration) 77. Resolution Authorizing The Mayor To Execute A Parking Agreement With First Columbia. (Council President Mantello) (At The Request Of The Administration) 78. Resolution Authorizing The Mayor To Enter Into A Three (3) Year Agreement With Bonadio & Company For Auditing Services For The Fiscal Years 2017, 2018 And 2019. (Council President Mantello) TABLED LEGISLATION 2018 47. Ordinance Authorizing And Directing The Reconveyance Of City-Owned Real Property.(Council President Mantello) (At The Request Of The Administration) Tabled at Finance Meeting 6-28-18  Ord#61 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2018 GENERAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2018 budget is herein amended as set forth in Schedule A entitled: July 2018 Budget Transfers – General Fund 2 which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form July 5, 2018 James A. Caruso, Corporation Counsel  Ord#61 MEMO IN SUPPORT Throughout the fiscal year the Comptroller’s Office works with all departments within the City for necessary budget transfers within the 2018 General Fund. This ordinance transfers funds within the 2018 General Fund Budget for the following three reasons. Please note that the number indicated below references to the name as indicated in the “Reference” column on the Schedule attached hereto. 1. A transfer of funds within the Fire Department to provide additional funding to two expenditure accounts. 2. A transfer from Contingency to fund additional overtime within the Sanitation Department for the remainder of 2018. This funding will be used on garbage collection for various holidays.  Schedule A July 2018 Budget Transfers – General Fund 2 Original Change Revised Department Account No. Description Budget* (+/-) Budget Reference Fire Department A.3410.0403.0000.0000 Printing & Advertising 300.00 3,000.00 3,300.00 1 Fire Department A.3410.0304.0057.0000 Vehicle Expense - Parts 62,208.00 (3,000.00) 59,208.00 1 Fire Department A.3410.0303.0000.0000 Other Material & Supplies 115,135.00 15,000.00 130,135.00 1 Fire Department A.3410.0404.0068.0000 Repairs - Equipment 60,000.00 (15,000.00) 45,000.00 1 DPW Sanitation A.8160.0103.0000.0000 Overtime 12,170.00 40,000.00 52,170.00 2 DPW Sanitation A.8160.0806.0000.0000 Social Security 100,700.00 3,060.00 103,760.00 2 Contingency A.1990.0418.0000.0000 Contingency 938,340.00 (43,060.00) 895,280.00 2 Net Impact On General Fund 0.00 * Or as previously amended  Ord#62 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2018 WATER FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2018 budget is herein amended as set forth in Schedule A entitled: July 2018 Budget Transfers – Water Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form July 5, 2018 James A. Caruso, Corporation Counsel  Schedule A July 2018 Budget Transfers – Water Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget DPU Purification F.8330.0203.0000.0000 Other Equipment 22,810.00 (11,500.00) 11,310.00 DPU Purification F.8330.0303.0000.0000 Other Material & Supplies 969,275.00 (86,000.00) 883,275.00 DPU Purification F.8330.0401.0054.0000 Utilities - Gas & Electric 155,000.00 (20,000.00) 135,000.00 DPU Transmission F.8340.0405.0068.0000 Rentals - Equipment 15,000.00 (10,000.00) 5,000.00 DPU Garage F.1640.0304.0057.0000 Vehicle Expense - Parts 110,000.00 50,000.00 160,000.00 DPU Garage F.1640.0304.0058.0000 Vehicle Expense - Repairs 45,000.00 30,000.00 75,000.00 DPU Purification F.8330.0113.0000.0000 Out of Grade Pay 0.00 1,500.00 1,500.00 DPU Purification F.8330.0423.0000.0000 Uniforms 19,500.00 6,000.00 25,500.00 DPU Transmission F.8340.0303.0000.0000 Other Material & Supplies 418,905.00 30,000.00 448,905.00 DPU Transmission F.8340.0409.0000.0000 Consultant Services 7,500.00 10,000.00 17,500.00 Net Impact On Water Fund 0.00 * Or as previously amended  THE CITY OF TROY INTER-OFFICE MEMORANDUM To: Andrew Piotrowski, Deputy Comptroller From: Chris Wheland, Superintendent of Public Utilities Subject: August 2018 Water Transfers Date: July 5, 2018 There are some transfers required for the August 2018 council meeting. These are to cover current expenses and in anticipation of future expenditures. All transfers associated with the Garage are for associated Parts, Supplies, and Repairs for vehicles. These transfers are anticipated to carry the department through the end of the year dependent on weather and emergencies. The transfer associated with Out of Grade Pay in Purification is due to a long illness of an operator and therefore another operator covering the supervision duties. Purification receives Uniforms as per the CSEA Union Agreement. An increase in the amount is required to meet the need of the uniform service. The transfer for Transmission and Distribution is for Materials and Supplies required to complete tasks throughout the end of the year. At the beginning of every year a large bid is awarded for 70% of materials required. By the end of the year there are still odds and ends that need to be purchased for day to day operations. Consultant Services in Transmission is necessary to complete road repairs that are beyond the limits of our equipment. If you have other questions please let me know. Cc: Patrick Madden, Mayor Monica Kurzejeski, Deputy Mayor  Ord# 63 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2018 SEWER FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2018 budget is herein amended as set forth in Schedule A entitled: July 2018 Budget Transfers – Sewer Fund which is attached hereto and made a part hereof Section 2. This act will take effect immediately. Approved as to form July 5, 2018 James A. Caruso, Corporation Counsel  Schedule A July 2018 Budget Transfers – Sewer Fund Original Change Revised Department Account No. Description Budget* (+/-) Budget Workers Compensation G.8120.0809.0000.0000 Workers Compensation 30,000.00 30,000.00 60,000.00 DPU Sanitary Sewers G.8120.0303.0000.0000 Other Material & Supplies 291,957.00 (30,000.00) 261,957.00 Net Impact On Sewer Fund 0.00 * Or as previously amended  THE CITY OF TROY INTER-OFFICE MEMORANDUM To: Andrew Piotrowski, Deputy Comptroller From: Chris Wheland, Superintendent of Public Utilities Subject: August 2018 Sewer Transfers Date: July 5, 2018 There is one transfer required for sanitary sewers. This is in anticipation of future needs of the department. There is a need to increase Workers Compensation to compensate the fund for payouts associated with workers compensation related issues. This include injuries, medical testing on previous injuries and payouts for loss of function in ones abilities. If you have other questions please let me know. Cc: Patrick Madden, Mayor Monica Kurzejeski, Deputy Mayor  Ord#64 ORDINANCE DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS AND DIRECTING THE COMPTROLLER TO DISPOSE OF SAID PROPERTY The City of Troy, convened in City Council, ordains as follows: Section 1. Pursuant to C-41 (B) of the City Charter, the City’s Frear Park Golf Course no longer uses its 2012 Jacobsen AR 5 leaf blower and desires to declare this leaf blower surplus Section 2. The said property shall be used as a trade in toward the cost of purchasing a replacement leaf blower through contract Section 3. This ordinance shall take effect immediately. Approved as to form, July 10, 2018 ________________________________________ James A. Caruso, Esq., Corporation Counsel  Ord#64 MEMO IN SUPPORT Title: Ordinance declaring certain city owned property as surplus and directing the comptroller to dispose of said property Summary of Provisions: The Frear Park Golf Course is looking to upgrade its current equipment and has been able to secure pricing for a new Pro Force Leaf Blower to better meet the needs of the course. To better afford the new equipment, the corporation will take the existing out of date equipment for trade in value of $5,000.00. Trade in: 2012 Jacobson AR 522 Model #68098 Serial #2184 Based on the attached proposal it is recommended equipment be used in trade to; Grassland Equipment & Irrigation Corporation 892-898 Troy Schenectady Road Latham, NY  RES. # 74 RESOLUTION ADOPTING THE COMPREHENSIVE PLAN AND A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE WHEREAS, pursuant to N.Y. General City Law § 28-a, the City Council is responsible for the preparation and adoption of a comprehensive plan setting forth the goals, principles, policies and standards upon which proposals for the immediate and long-range enhancement, growth and development of the City are based; and WHEREAS, to help lay the foundation for the adoption of a comprehensive plan, a series of public outreach meetings, open houses, summits, and workshops were held in 2014 and 2015 to engage residents and solicit feedback and input concerning their goals, objectives and vision for the City; and WHEREAS, during the winter of 2018, additional neighborhood meetings were held to review the plan and to solicit additional goals and actions for specific neighborhoods; and WHEREAS, the numerous meetings, open houses, summits, and workshops provided a full opportunity for citizen participation as required by N.Y. General City Law § 28-a (7); and WHEREAS, the Troy Planning Commission reviewed the plan on February 21, 2018 and recommended changes to the draft based on citizen input, and at a public hearing on April 12, 2018 made a recommendation to the City Council to adopt the plan; and WHEREAS, by May 2018, the City’s Planning Department had completed a draft version of a proposed comprehensive plan and provided a copy thereof to the Office of the City Clerk; and WHEREAS, the City Council and the New York State Department of State are the only agencies that have jurisdiction to make a discretionary decision to fund, approve or directly undertake the adoption of a comprehensive plan and therefore are the only Involved Agencies under the New York State Environmental Quality Review Act (“SEQRA”) (ECL § 8–0101, et seq.); and WHEREAS, having assumed the responsibilities of SEQRA Lead Agency for the purpose of the adoption of a comprehensive plan, the City Council authorized the referral of the Full Environmental Assessment Form (“EAF”) and draft comprehensive plan to the Planning Commission, adjacent municipalities, the Rensselaer County Department of Planning, in accordance with Section 239-m of the New York State General Municipal Law; and WHEREAS, the adoption of a comprehensive plan is a “Type I” action under SEQRA and its implementing regulations (6 NYCRR § 617.4(b) (1)); and WHEREAS, on June 28, 2018, the City Council held a public hearing on its draft comprehensive plan (the “Comprehensive Plan”); and WHEREAS, by virtue of the aforementioned public hearing and referrals, all interested individuals, organizations and agencies were afforded an opportunity to be heard and comment upon the draft comprehensive plan; and WHEREAS, the City Council agreed to minor amendments to the draft plan that relate to addition of open space and trails on maps 1 and 8; and  RES. # 74 WHEREAS, the City Council has reviewed the Full EAF prepared by its planning consultant, and considered the probable impacts as set forth in the EAF; and WHEREAS, the Realize Troy Comprehensive Plan has been prepared in accordance with New York State law and provides a guide for land use and development decisions, the adoption of municipal regulations and the investment of public funds; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the accompanying EAF and Negative Declaration with respect to its adoption of the Realize Troy Comprehensive Plan having concluded, based upon the information contained in the Full EAF and all other information contained in the record before the City Council, that adoption of the Realize Troy Comprehensive Plan will not have any significant adverse impact on the environment. BE IT FURTHER RESOLVED, that the City Council hereby adopts the Realize Troy Comprehensive Plan. BE IT FURTHER RESOLVED, that the City Council hereby directs that a copy of the Realize Troy Comprehensive Plan shall be filed with the Office of the City Clerk and with the Office of the Rensselaer County Department of Planning. BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Approved As to Form, July 5, 2018 _________________________________ James Caruso, Esq., Corporation Counsel  Steven Strichman Patrick Madden Commissioner Mayor Department of Planning and Economic Development To: City Council July 5, 2018 Re: Comprehensive Plan From: Steven Strichman, Commissioner of Planning and E.D. The Comprehensive Plan provides a roadmap to guide Troy’s development over the next 20-25 years. It will be used for future grant writing and for a revision of the Zoning Ordinance. The plan is built around community building components that include 1. Grow the Economy 2. Promote Healthy and Safe Green Neighborhoods 3. Investing in Mobility 4. Preserving Open Space and Cultural Assets 5. Planning for sustainable infrastructure and environmental protection 6. Supporting Compact Growth It includes 7 major Reinvestment areas to attract new business and residents including; 2 in Lansingburgh, 1 in North Central, 2 in the Downtown/Riverside, 2 in South Troy When the first draft arrived, I didn’t feel there was enough attention devoted to specific neighborhood plans and 10 separate neighborhood meetings were held to review the plan, and add to it. With that completed, the Planning Commission reviewed the document at a special public meeting on Feb 21st, and the plan was revised based on many comments received from the public. The planning commission held its official public hearing on April 12th, and at this time recommended it move to the City Council for a public hearing and approval. The Comprehensive plan has been available for review on the Realize Troy Website in an early draft format since January of this year. The final revisions were posted on June 8th. At a Public Hearing on June 28th properly noticed, there was no public comment, probably due to the outreach, number of meetings, and revisions that were made. The attached SEQR notification of intent to act as lead agency was mailed at the end of May, and there has been no objection received from involved or interested agencies. (Enclosure was the EAF) At this time I would like to request and recommend that the City Council adopt a Resolution determining the action to be a Type 1 with a finding of no environmental significance, and to formally adopt the Comprehensive Plan.  Steven Strichman Patrick Madden Commissioner Mayor Department of Planning and Economic Development May 30, 2018 TO ATTACHED LIST OF AGENCIES AND INTERESTED PARTIES Re: City of Troy, New York Notice of Intent to act as Lead Agency Status and Request for Municipal Review and Recommendation on the Realize Troy Comprehensive Plan Ladies and Gentlemen: By this letter, the Troy City Council has issued its Notice of Intent to act as Lead Agency for the adoption of the proposed Realize Troy Comprehensive Plan, hereafter referred to as “the Plan.” Please advise whether your agency agrees with the Troy City Council acting as Lead Agency by completing and returning the attached consent form. Consent forms must be provided no later than July 2nd, 2018 and should be mailed or emailed to the following address: Realize Troy Comprehensive Plan Attn: Steven Strichman, Commissioner of Planning & Economic Development 433 River Street Troy, NY 12180 Or by email to Steven.Strichman@troyny.gov Please find enclosed in connection with the Plan a complete State Environmental Quality Review (SEQR) Full Environmental Assessment Form Part 1. The full Comprehensive Plan may be found at http://www.realizetroy.com/update-comprehensive-plan. This project is a Type I action pursuant to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law and its implementing regulations (6 NYCRR Part 617). The proposed action is the adoption of the Plan by the Troy City Council. The Plan provides a series of goals, objectives and policies, identifies major reinvestment areas, and establishes a framework for implementation. Once the Plan is adopted and implementation of its recommendations commences, specific actions and projects, in particular site-specific projects, considered by the City of Troy may require additional SEQRA review at that time. The Troy City Council also invites your participation in the environmental review process as an involved agency or interested party. Written comments on the Plan will be received and considered by the City between June 1, 2018 and July 2, 2018 as part of a 30-day public comment period. Comments on the Plan must be postmarked no later than July 2, 2018 and should be mailed or emailed to the address above. If you have any questions about the environmental review process, please contact me at (518) 279-7392. Thank you for your consideration. Sincerely, Steven Strichman Commissioner of Planning & Economic Development Enclosure  RES. #75 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SPECIAL EVENT PROMOTIONS LLC TO PROVIDE FOR THE ROAD RACE EVENT MANAGEMENT FOR THE ANNUAL TROY TURKEY TROT WHEREAS, this years’ Turkey Trot will be held on Thanksgiving Day, November 28, 2018; and WHEREAS, the City solicited proposals from qualified vendors to provide timing and registration services for the Troy Turkey Trot 5k and 10 k road races and Grade School 1 mile; and WHEREAS, Special Event Promotions LLC, Owner desires the company to manage the Troy Turkey Trot events, its marketing, media, promotions and sponsorship program; and WHEREAS, the Company has agreed to accept these desires of the Event Owner: and NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Mayor to execute a contract with Special Event Promotions LLC in substantial conformance with the contract attached hereto and made a part hereof. Approved as to form, July 6, 2018 ______________________________________ James A. Caruso, Esq., Corporation Counsel  RES#75 MEMO IN SUPPORT – RESOLUTION #75 2018 After the expiration of the previous contract, the City of Troy issued an RFP for administrative and management services for the City of Troy Turkey Trot. Proposals were due on April 17, 2018. The city received two responses to the RFP. After reviewing each proposal based on the criteria listed: cost for services, previous experience and content of the proposal; the determination was made to maintain the relationship with the incumbent, Special Event Promotions, LLC. The contract is for one year with three (3) one year extension options. The city will be reimbursed up to $15,000 for the services it provides on race day.  2018 Troy Turkey Trot Management Agreement This Management Services Agreement (the “Contract”) is entered into this ___th day of July, 2018 by and between Special Event Promotions LLC, with offices located at 35 Gurley Avenue, Troy, NY 12182 (the “Company”) and the City of Troy, NY with offices located at Hedley Park Place, 433 River Street, Suite 5001, Troy, New York 12180 (“Event Owner”). RECITALS WHEREAS, Event Owner desires the company to manage the Troy Turkey Trot events, its marketing, media, promotions and sponsorship program; and WHEREAS, the Company has agreed to accept these desires of the Event Owner; NOW, THEREFORE, the parties hereby agree as follows: 1. Company Services. Company shall manage all aspects of the Troy Turkey Trot events and its sponsorship program on behalf of the Event Owner as set forth in Article I. 2. Term. The term of this contract shall be for a term of one (1) year with three (3) one (1) year contract extension options. The authority to exercise the contract extension options shall be at the sole discretion of the Event Owner. The Event Owner shall notify the Company within one- hundred twenty (120) days of the conclusion of the event as to the Event Owner’s intention to extend the term for an additional year. Article I 1. Pre-race: a. Budget: The Company will outline, prepare, implement and adhere to an event budget. The Company will open a separate, segregated bank account at the Pioneer Savings Bank and all Event income and expenses will be passed through this account. Company will provide Event Owner with periodic financial updates as requested. 2. Operational Outline: a. Course Design and Certification: Ensure that the course is accurate and safe for a number of registrants and certify the distance(s) for the 5k and 10k events. All course distances will be USATF- (RRTC) certified, sanctioned and promoted as required in the RFP (Exhibit A). Additionally, Company will accurately measure the Grade School Mile and the Turkey Walk. b. Design Start/Finish/Staging Areas: Drawings/maps will be designed and documented for the Start, Finish, and Course(s). c. Sponsorships: Researching, proposing, security, contracting, managing and fulfilling all new sponsorship agreement for the Event. 1  d. Collateral Design: Development of all collateral materials – Layout, design, production of all collateral materials including, but not limited to, the following: event posters, event entry flyers, pull up banners, signage, both directional and informational. e. Graphic Design and Public Relations: Publicity, email blasts, advertising in various media outlet and graphic design of banners, t-shirts, medals, certificates, etc will be subcontracted to Rueckert Advertising and Public Relations. f. Website and Social Media Services and Campaign: Design and launch of website, Facebook page, You-Tube channel and twitter account and engage in a social media campaign. This will be subcontracted to Chris Bowcutt and Green Leaf Racing, LLC. g. Volunteer Recruitment: The Company will manage the event volunteer program tied to the events’ needs for volunteer services. The program, which will be designed to recruit the necessary volunteers needed each year, will target past non-profits, as well as civic and Troy neighborhood groups. Volunteer recruitment and coordination will be overseen by a member of the Company. h. Equipment and Supplies: contract for services related to the Event equipment needs; timing/scoring, staging, t-shirts, awards, photography, other infrastructure needs, including barricades, cones/vests and flags, etc.,; vendors will be hired to perform and service the event. Every effort will be made to support local businesses and adhere to city procurement guidelines will be followed (Exhibit B) for these services. i. Municipal Relations: company will meet and work with the City of Troy’s Commissioner of General Services and Deputy Mayor to outline and develop a plan for DPW, Fire, Police and EMS services as they relate to the Event. 3. Race Day: a. Race Logistics/Operations: Responsible for the management of all race day activities including bib and t-shirt pickup, start, course(s), finish and refreshment. Oversee and implement municipal operations plan. Company’s operation director will be responsible for all event operations and logistics. 4. Post-Race Logistics, Data and Follow up: a. Awards, online certificates of finish, online searchable results and post event reports to Event Owner, sponsors and participants. 5. Consideration: a. Operations/Logistic Support: In consideration for operational support, the 2018 event budget and each subsequent extension year(s) event budget will reimburse the City up to Fifteen Thousand Dollars ($15,000.00) for personnel services related to work done by the following department: DPW, DPU, Recreation, Police and Fire/EMS. 6. Notice: a. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: 2  Notices to the Company: George Regan Special Event Promotions, LLC 35 Gurley Avenue Troy, New York 12182 Notices to Event Owner: Deputy Mayor, City of Troy Hedley Park Place 433 River Street, Suite 5001 Troy, New York 12180 7. Miscellaneous: a. Entire Agreement and Amendments: This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. b. Binding Effect, Assignment: This Agreement shall be binding upon and shall inure to the benefit of Company and Event Owner and to Event Owner’s successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Company of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of Event Owner. c. Governing Law, Severability: This Agreement shall be governed by the law of the State of New York. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision. d. Confidentiality: Each party agrees to keep confidential and not to disclose, directly or indirectly to other, any confidential information relating to the other party including, but not limited to, sales information, marketing information and promotion plans discussed or disclosed in the course of performing this Agreement. e. Insurance: The Company shall procure and maintain at their sole cost and expense the following insurance coverage and each policy of insurance required shall be in form and content satisfactory to the City Corporation Counsel as indicated below. i. Commercial general liability and contractual liability on an occurrence basis with the following limits of coverage: bodily injury, property damage and personal injury, One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) general aggregate. ii. Workers Compensation insurance as required by law and including employer’s liability insurance in the amount of at least One Million Dollars ($1,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate and disability benefits insurance as may be required by law. iii. Comprehensive Automobile Liability coverage on owned, hired, leased or non- owned autos with limits not less than One Million Dollars ($1,000,000) combined for each accident because of bodily injury sickness, or disease, sustained by person, caused by accident, and arising out of the ownership, maintenance or use of any automobile for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any automobile. iv. The City of Troy is named additional insured on a primary and Non-Contributing basis. 3  v. The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Troy Corporation Counsel’s Office. vi. The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Troy Corporation Counsel’s Office is given sixty (60) days written notice of the contrary. vii. No work shall be commenced under the contract until the Company has delivered to the Event Owner or his/her designee proof of issuance of all policies of insurance required by the Contract to be procured by the Company. If at any time, any of said policies shall be or become unsatisfactory to the Event Owner, the Company shall promptly obtain a new policy and submit proof of insurance of the same to the Event Owner for approval. Upon failure of the Company to furnish, deliver and maintain such insurance as above provided, this Contract may, at the election of the Event Owner, be forthwith declared suspended, discontinued or terminated. Failure of the Company to procure and maintain any required insurance shall not relieve the Company from any liability under the Contract, nor shall the insurance requirements be constructed to conflict with the obligations of the Company concerning indemnification. WHEREFORE, the parties have executed this Agreement as of the date first written above. City of Troy, New York By: _______________________________________ Wm. Patrick Madden, Mayor Date: ___________________________ Special Event Promotions, LLC By: _______________________________________ George Regan, member Date: ____________________________ 4  CITY OF TROY, NEW YORK REQUEST FOR PROPOSAL (RFP) PROFESSIONAL SERVICES FOR THE ADMINISTRATION OF THE TROY TURKEY TROT ROAD RACE Proposal Due Date: Tuesday, April 17, 2018 at 4:00PM Please Submit Proposal To: Nancy Piskutz Principal Account Clerk Office of the City Comptroller Bureau of Contracts & Procurement City Hall 433 River Street – Suite 5000 Troy, New York 12180 The City of Troy, NY is soliciting sealed proposals from qualified vendors for professional services for the administration of the Troy Turkey Trot Road Race. The Troy Turkey Trot has been in existence for more than one hundred (100) years and is one of the most prestigious road races in the Capital District with over 8,000 participants. The Troy Turkey Trot consists of 5K and 10K Road Races along with a Grade School 1 Mile Road Race and Health Walk which will be held on Thanksgiving Day, November 22, 2018. Scope of Services The Administrator will be responsible for the following:  Creation of an event timeline, event budget, course design and certification(s), sponsorship procurement and fulfillment, marketing/advertising, public relations/graphic design, website, social media services and online registration platform, and volunteer recruitment.  Management of the following areas: Pre-race and race day packet pick-up and registration. Start line including seeding, water, toilets, PA announcing. Finish area including water, refreshments, timing/scoring, PA/announcements, crowd control. Course logistics including, crowd control, traffic control, water, mile marks and time clocks. Operations and logistics including command center, design and implement staging area for start/finish/awards. All set-up/ break down.  Provide or contract for the following services, equipment and supplies: Start/Finish structure, sound system(s), digital clocks, staging for start finish and awards areas, crowd control barricades, cones, T-shirts, Awards, event photography, bib numbers, signs and banners, tables and chairs, tents, 2-way radios, vehicles  Municipal relations: Secure all city/county permits and services as needed example- police, fire, DPW and EMS  Community Relations/ Program Development: Develop and implement initiatives to involve the community in the events, continue to organize the Mascot Race, work with community organizations to provide donations to charitable organizations.  Post-race logistics and follow-up: Awards distribution, clean-up, post-race results online, and provide a post-race report to the City of Troy. Scope of Services – cont.  Prospective vendor shall submit a complete estimated budget for all services to be provided as part of this proposal. Budget shall include all personnel expenses that the proposer anticipates as necessary to complete the project. Additional personnel expenses beyond what is proposed shall be approved for payment at the sole discretion of the City.  Other Requirements  Prepare any necessary bid documents, hire and manage/oversee any and all sub- contractors to fulfill any of the above stated scope of services as required and provide proof of payment of same.  Provide the City with regular event updates.  Indicate all fees for agreed upon services and outline fees for sub-contractors and/or vendors.  USATF sanctioning shall be required.  The administrator will include a list of references from previous road races to include dates of the races and contact information (contact persons and telephone numbers).  The 2018 Event budget, and each subsequent year’s Event Budget, will reimburse the City up to $15,000.00 for personnel services related to work done by the following departments: DPW, Recreation, Police, and Fire/EMS.  A final profit and loss statement must be provided to the City upon completion of the event. Selection Criteria The City of Troy will base its award on the cost for services, previous experiences and content of the proposal. The City reserves the right to reject any or all proposals that are deemed to be not in the best interest of the City of Troy, NY. The City reserves the right to delete items from the proposal and to administer such items utilizing City resources. Contract Term It is the intention of the City of Troy to enter into a contract with one (1) vendor. The initial contract shall be for a term of one (1) year with three (3) one (1) year contract extension options. The authority to exercise the contract extension options shall be at the sole discretion of the City. The City shall notify the selected vendor within one-hundred twenty (120) days of the conclusion of the event as to the City’s intention to extend the term for an additional year. Insurance The selected proposer will be required to procure and maintain at their own expense the following insurance coverage: 1. Commercial general liability and contractual liability on an occurrence basis with the following limits of coverage: bodily injury, property damage and personal injury, One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) general aggregate 2. Workers compensation insurance as required by law and including employer's liability insurance in the amount of at least One Million Dollars ($1,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate and disability benefits insurance as may be required by law. 3. Comprehensive Automobile Liability coverage , on owned, hired, leased or non- owned autos with limits not less than One Million Dollars ($1,000,000) combined for each accident because of bodily injury sickness, or disease, sustained by person, caused by accident, and arising out of the ownership, maintenance or use of any automobile for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any automobile. Each policy of insurance required shall be in form and content satisfactory to the City Corporation Counsel, and shall provide that: 1. The City of Troy is named additional insured on a primary and Non-Contributing basis. 2. The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Troy Corporation Counsel’s Office. 3. The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Troy Corporation Counsel’s Office is given sixth (60) days written notice of the contrary. No work shall be commenced under the contract until the selected proposer has delivered to the City or his/her designee proof of issuance of all policies of insurance required by the Contract to be procured by the selected proposer. If at any time, any of said policies shall be or become unsatisfactory to the City, the selected proposer shall promptly obtain a new policy and submit proof of insurance of the same to the City for approval. Upon failure of the selected proposer to furnish, deliver and maintain such insurance as above provided, this Contract may, at the election of the City, be forthwith declared suspended, discontinued or terminated. Failure of the selected proposer to procure and maintain any required insurance shall not relieve the selected proposer from any liability under the Contract, nor shall the insurance requirements be constructed to conflict with the obligations of the selected proposer concerning indemnification. Submission of Proposal Please submit one (1) original and four (4) copies of your sealed proposal no later than 4:00 PM on Tuesday, April 17, 2018. All sealed RFP envelopes should be clearly marked “RFP Administration Troy Turkey Trot Road Race”. Facsimile proposals will not be accepted. Please submit your sealed proposal to: Nancy Piskutz Principal Account Clerk Office of the City Comptroller Bureau of Contracts & Procurement City Hall 433 River Street – Suite 5000 Troy, New York 12180 Questions All questions will be received until by April 6, 2018 at 4PM. All questions will be complied and answered in the form of an Addendum. All agencies on record with the Purchasing Office will receive a copy of the Addendum. Questions received after the date will not be answered. Only questions answered by formal written Addenda will be binding. Oral or other interpretations or clarifications will be without legal effect. Nancy Piskutz Principal Account Clerk Office of the City Comptroller Bureau of Contracts & Procurement City Hall 433 River Street – Suite 5000 Troy, New York 12180 Or by e-mail at: nancy.piskutz@troyny.gov  CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF (NAME OF CORPORATION) “RESOLVED that _______________________________________, ______________________________ (Person Authorized to Sign) (Title) Of ___________________________________ authorized to sign and submit the Bid of this corporation (NAME OF CORPORATION) for the following Project: and to include in such bid the certificate as to non-collusion, and for any inaccuracies or misstatements in such certificate this corporate Bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by (NAME OF CORPORATION) at a meeting of its Board of Directors held on the _______ day of __________________, 2018. By: ____________________________________ Title: __________________________________ (SEAL) The above form must be completed if the Bidder is a Corporation.  NON-COLLUSION AFFIDAVIT OF BIDDER CITY OF TROY, NEW YORK State of New York ) )ss. County of ) __________________________________________________, being first duly sworn, deposes and says that: 1) He/she is _________________________________________________________________ of (owner, partner, officer, representative, or agent) _____________________________________________________________, the Bidder that has submitted the attached bid; 2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting the Bid; 3) Such Bid is genuine and is not a collusive or sham Bid; a. By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint Bid each party thereto certifies, as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: 1. The prices in this Bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor 2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a Bid for the purpose of restricting competition b. A Bid shall not be considered for award nor shall any award be made where clauses 4) a., 1, 2, and 3 above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification , the Bidder shall so state and shall furnish with the Bid a signed statement which sets forth in detail the reasons therefor. Where 4) a., 1, 2, and 3 above have not been complied with, the Bid shall not be considered for award nor shall any award be made unless the head of purchasing unit of the State, public department, or agency to which the Bid is made, or her designee, determines that such disclosure was not made for the purpose of restricting competition. c. The fact that a Bidder (i) has published price lists, rates, or tariffs covering items being procured, (ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, (iii) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of clause 4) a. 2. d. Any Bid hereafter made to the municipality or any public department, agency, or official thereof by a corporate Bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, or regulation, and where such Bid contains the certification referred to in subparagraph 4.a. of this section, shall be deemed to have been authorized by the Board of Directors of the Bidder and such authorization shall be deemed to include the signing and submission of the Bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.  4) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its owners, partners, officers, representatives, agents, employees, or parties in interest, including this Affidavit. __________________________________ (Signature) (Title) Subscribed and sworn before me this _______ day of ____________, 2018 ______________________________  PROPOSAL FORM PROPOSAL FORM MUST BE COMPLETED AND SIGNED TO BE CONSIDERED FOR AWARD Total: $__________________________________________. _____ (Numbers) Total: ______________________________________________________dollars and __________________________________________________cents (Words) ___________________________________________________________________ Name / Address of Company Submitting Proposal ___________________________________________________________________ Authorized Representative Submitting Proposal (name printed) ___________________________________________________________________ Authorized Representative Submitting Proposal (signature) ___________________________________________________________________ Authorized Representative Submitting Proposal – Title Contact Numbers: Telephone - _____________________________ Cellphone - _____________________________ Fax - ___________________________________ E-mail Address - _____________________________________________ Address - ___________________________________________________  RES. #76 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE TROY LAND BANK RELATING TO THE DEMOLITION OF DETERIORATED PROPERTIES WHEREAS, the Troy Community Land Bank (“Land Bank”) has been awarded a grant from the Office of the New York State Attorney General in order to carry out community revitalization activities in the City of Troy (“City”); and WHEREAS, the Land Bank and the City wish to use a portion of the grant funds to subsidize the demolition of certain buildings or portions thereof in the City that are in a badly deteriorated condition; and WHEREAS, the demolition of such buildings will remove previously tax delinquent, vacant and unsightly buildings that contribute to neighborhood blight and have an adverse and negative impact on other properties in the immediate vicinity; and WHEREAS, such properties now owned or to be owned by the Land Bank will be sold to parities who will be owner occupants of said properties; and WHEREAS, the Land Bank will be providing the necessary funds for the demolition activities and the City and the Land Bank have complimentary areas of expertise and both entities desire to work together as co-developers to facilitate the demolition and removal of blighted properties to assist in the renewal of neighborhoods in the City; and WHEREAS, the City and the Land Bank wish to enter into an agreement setting forth their respective responsibilities with respect to these demolition activities and redevelopment efforts. NOW, THEREFORE, BE IS RESOLVED that the Mayor is authorized to finalize and execute an Agreement with the Land Bank that is substantially in the form of the attached hereto and made a part hereof. Approved as to form, July 6, 2018 ______________________________________ James A. Caruso, Esq., Corporation Counsel  THIS AGREEMENT, made as of the ____day of _______, 2018 by and between the Troy Community Land Bank Corporation, a New York Land Bank and not-for-profit corporation of the State of New York, with offices at 200 Broadway, Troy, New York 12180 (hereinafter referred to as TCLB), and the City of Troy, a municipal corporation of the State of New York having its principal office and place of business at 433 River Street, troy, New York 12180 (hereinafter referred to as the MUNICIPALITY). WITNESSETH: WHEREAS, the Office of the Attorney General of the State of New York (hereinafter referred to as the OAG) provides funding to New York Land Banks within New York State that are working to combat blight resulting from the mortgage foreclosure crisis, and WHEREAS, the OAG and TCLB have entered into a Grant Agreement for implementation of the OAG Community Revitalization Initiative Program (hereinafter referred to as the OAG CRI Program) in the City of Troy from January 1, 2018 to December 31, 2018, and WHEREAS, the MUNICIPALITY provides services to combat blight and carry out community revitalization and improvement activities within the City of Troy, and WHEREAS, as part of the OAG CRI Program the OAG has appropriated funds for the MUNICIPALITY to aid in the MUNICIPALITY’s efforts to stabilize and revitalize its communities, and WHEREAS, the OAG has permitted that TCLB engage the MUNICIPALITY for the purpose of providing neighborhood stabilization and revitalization services under the OAG CRI Program upon the review and satisfaction of certain documentation, and WHEREAS, the OAG has appropriated the sum of One Hundred Five Thousand Two-Hundred Thirty-Nine Dollars ($105,239) to fund the cost of demolition services to the Municipality for the purpose of this Agreement, and 1  WHEREAS, TCLB, by virtue of Resolution adopted on November 15, 2017 has authorized the acceptance and expenditure by TCLB of OAG funds in accordance with the Grant Agreement. NOW, THEREFORE, IT IS HEREBY AGREED between the parties; 1. The MUNICIPALITY agrees to carry on OAG CRI Program activities in the City of Troy, including the provision of the personnel, resources and the facilities required to demolish properties in the Municipality’s existing inventory under the OAG CRI Program, in accordance with the Grant Agreement and it’s Amendments (Grant Agreement Number 18SG0951) and its deliverables, including but not limited to the Scope of Work, Program Budget and Minimum Standards for Demolition, Rehabilitation, or New Construction Contractors, for the period from January 1, 2018 to December 31, 2018, which is attached hereto and made a part hereof as Schedule “A”. In the event that Program costs are anticipated to exceed the amount appropriated to the MUNCIPALITY in the Grant Agreement or that it is projected that the MUNICIPALITY’s cost will not reach the amount Payable, the MUNICIPALITY shall notify the Executive Director in writing as soon as practicable. The 4 properties designated by the MUNCIPALITY are listed in the Schedule “A” attached hereto and made a part hereof. Should the MUNICIPALITY desire to substitute a property listed in Schedule “A” for another property, it shall submit such substitution to TCLB for approval prior to the commencement of any activity. Such approval will not be unreasonably withheld. Subject to the approval of the OAG, in the event that there are funds remaining at the conclusion of the demolition of the initial properties, the MUNCIPALITY and TCLB shall cooperate to identify additional properties for demolition within the City of Troy. 2. The MUNICIPALITY agrees to comply with all requirements of the Grant Agreement and its Amendment made between TCLB and the OAG applicable to the activities of TCLB and the MUNICIPALITY in connection with the OAG CRI Program, including but not limited to the Grant Agreement and its Attachments attached hereto as Schedule “B” (the MUNICIPALITY sometimes being referred to therein as “Troy”, “City of Troy”, "Subcontractor"), and with all pertinent laws, rules, regulations and directives of OAG, TCLB or authorities having jurisdiction in the 2 matter. The MUNICIPALITY represents, warrants and covenants that any demolition performed in connection with this Agreement shall be in compliance with all applicable laws, rules, restrictions, orders and regulations, including but not limited to, environmental laws and regulations and locally accepted construction practices. The MUNICIPALITY acknowledges that the OAG and the OAG Project Manager reserve the right to implement additional demolition guidelines and/or requirements relating to TCLB, the MUNICIPALITY, its subcontractors, due diligence and quality control processes during the term of this Agreement, provided that such changes will not unreasonably interfere with demolition projects on which work has already commenced. 3. The MUNICIPALITY agrees that it will cooperate with TCLB in securing OAG funds under the OAG CRI Program, and to that end will supply any documents and data necessary or appropriate therefore including, but not limited to, the Municipality’s completion of reports required to be submitted pursuant to the OAG Grant Agreement, copies of any invoices from the City’s Contractors, a copy of the City’s checks made payable to the Contractors and photographs of the work. The MUNCIPALITY shall report to TCLB, as the Executive Director may request, on its progress toward completing the work, and shall immediately inform the Executive Director in writing of any cause for delay in the performance of its obligations under this Agreement. 4. This Agreement and payment hereunder is subject to payment of OAG funds for the OAG CRI Program, and there shall be no obligation on the part of TCLB to make payments hereunder except as such OAG funds are paid to TCLB. 5. In the event that the CRI Program is continued beyond the term hereof, the MUNICIPALITY agrees to continue to carry out the said activities pursuant to an amendment or agreement to be negotiated between the parties. 6. If the MUNICIPALITY fails to comply with any of the terms or conditions of this Agreement to be performed on its part, TCLB may terminate the Agreement or direct the withholding of payments until TCLB is reasonably assured that the MUNICIPALITY is satisfactorily performing all of its obligations hereunder. 7. In full consideration of such services, TCLB agrees to pay to the 3 MUNICIPALITY an amount not to exceed One Hundred Five Thousand Two-Hundred Thirty-Nine Dollars ($105,239) within 30 days of receiving all OAG and TCLB required information as set forth in paragraph 3 above with payments to be made upon submission to TCLB's Executive Director, or his designee. 8. This contract shall be deemed executory only to the extent of moneys available to TCLB for the performance of the terms hereof and appropriated hereto by the OAG and/or TCLB, now or in the future, and no liability on account thereof shall be incurred by TCLB beyond such moneys. 9. The MUNICIPALITY agrees to keep and upon request make available to TCLB its financial and other records of the funds paid to it and the financial and other records of the funds paid by it and the services performed by it hereunder. Expenditure of TCLB funds must be separately accounted for and proven to have been expended to promote the purposes of the OAG CRI Program. 10. The MUNICIPALITY agrees to furnish verified accounts of its disbursements hereunder with certified or verified invoices thereto attached at such times as the OAG or TCLB may determine and in such form and detail as may be required by the OAG or TCLB. 11. The MUNICIPALITY agrees to furnish to TCLB any independent auditor's report(s) made for it or for other agencies and available to it which reflects the receipt and use of funds paid to it hereunder within 30 days after receipt of such report(s). TCLB at its option audit the pertinent books and records of the MUNCIPALITY related to this Agreement. 12. The MUNICIPALITY agrees to refund TCLB any unused amount of money paid to it hereunder, and any amounts disallowed by audit by TCLB, OAG, or independent auditor. Any independent auditor's report(s) made for or on behalf of the MUNICIPALITY shall include full scope auditing and an expression of opinion on the financial statement including any expression of opinion on the system of internal accounting control. A management letter, if issued, shall be available to TCLB during any audit or review. 13. The MUNICIPALITY and its subcontractors shall procure and maintain all industry standard insurance, as deemed appropriate by the OAG Project Manager, 4 throughout the duration of this Agreement. Such insurance shall name TCLB and the OAG as additional insureds. Notwithstanding the preceding and subject to the approval of the OAG Project Manager, the MUNICIPALITY may provide proof of self- insurance in lieu of insurance policies. A Schedule of the Industry required insurance is attached hereto as Schedule C. 14. The MUNICIPALITY agrees: (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of TCLB, the MUNICIPALITY shall indemnify and hold harmless TCLB, the OAG, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys’ fees or loss arising directly or indirectly out of this Agreement and of the acts or omissions hereunder by the MUNICIPALITY or third parties under the direction or control of the MUNICIPALITY; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. 15. The MUNICIPALITY agrees to perform such services as an independent contractor and neither it nor any of its employees shall be or hold themselves out to be employees of TCLB. 16. The MUNICIPALITY agrees to comply with all applicable Local, State and Federal Laws, and with all rules and regulations of pertinent authorities having jurisdiction. 17. The MUNICIPALITY shall be fully accountable for its performance under this contract and its officers agree to answer under oath all questions relative to the performance hereof, and to any transaction, act or omission had, done or omitted in connection herewith if called before any judicial, state or federal agency empowered to investigate this contract or its performance. 18. Neither this contract nor any rights or obligations hereunder may be assigned by the MUNICIPALITY without the prior express written consent of TCLB. 19. The MUNICIPALITY expressly agrees that neither it nor any contractor, subcontractor, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, 5 religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status or any other status protected by New York State or Federal laws during the term of or in connection with this Agreement. 20. This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the parties. 21. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Rensselaer. 22. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability. 6 This Agreement shall not be enforceable until signed by both parties.IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first written above. CITY OF TROY By: __________________________________ By:___________________________ Troy Community Land bank Heather King Chairperson 7 PROPERTIES TO BE DEMOLISHED SCHEDULE A  69 Rensselaer Street  3235 Seventh Avenue  61-63 Ingalls Avenue  443 Tenth Street  879 and 881 River Street (City to pay demolition and all related costs) 8 SCHEDULE B – TCLB GRANT AGREEMENT WITH OAG 9  SCHEDULE C INSURANCE REQUIREMENTS The Contractor shall be required to provide for itself and maintain at its own cost and expense until the completion of the work the following forms of insurance: A. Commercial General Liability coverage with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence and not less than Two Million Dollars ($2,000,000.00) annual aggregate. B. Comprehensive Automobile Liability coverage on owned, hired, leased, or non-owned autos with limits not less than $500,000 combined for each accident because of bodily injury sickness or disease, sustained by any person, caused by accident, and arising out of the ownership, maintenance or use of any automobile for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any automobile. C. Workers' Compensation and Employers' Liability coverage in form and amounts required by law. The Land Bank shall be named as an additional insured on the policies required by subparagraphs (A and B) above. 10  RES#76 MEMO IN SUPPORT – RESOLUTION #76 – TROY COMMUNITY LAND BANK DEMOLITIONS The City of Troy seeks to continue its partnership with the Troy Community Land Bank in the demolition of vacant and blighted building within its neighborhoods. The NYS Office of the Attorney General has awarded the Troy Community Land Bank funding in its second round and a portion of these funds are dedicated to demolition services in partnership with the City of Troy. The City of Troy will issue an RFP for demolition services identifying the properties to be taken down and the Troy Community Land Bank will reimburse the City for the demolition of the properties identified in the agreement.  RES. # 77 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PARKING AGREEMENT WITH FIRST COLUMBIA ________________________________________________________________________ WHEREAS, the City and First Columbia desires to enter into this agreement; and WHEREAS, the City has long used and desires to continue to use and improve and expand the Parking Areas to provide off-street parking areas and related accessory uses to encourage development of business in the City (“Parking”); and NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Mayor to execute a Parking Agreement with First Columbia for said Agreement will be in substantial compliance with the Agreement attached hereto and made a part hereof. Approved as to form, July 6, 2018 _________________________________ James A. Caruso, Esq., Corporation Counsel  July 5, 2018 AGREEMENT This Agreement (“Agreement”) made between THE CITY OF TROY, NEW YORK, hereinafter referred to as “City” with offices located at 433 River Street, Troy, New York and, First Columbia 433 River Street, LLC, hereinafter referred to as “First Columbia” with offices at 22 Century Hill Drive, Latham, New York WITNESSETH: WHEREAS, the City is the holder of a “Permit for Use of State Property – Permit No. 03340” and a “Permit for Use of State Property – Permit No. 1-4158” (collectively, “Permits”) from the State of New York Department of Transportation (“NYSDOT”); and WHEREAS, the area subject to this Agreement (“Parking Areas”) is the area within the area covered by the Permits and shown generally in Exhibit A; and WHEREAS, the City has long used and desires to continue to use and improve and expand the Parking Areas to provide off-street parking areas and related accessory uses to encourage development of business in the City (“Parking”); and WHEREAS, to further the above policy, the City entered into an agreement with Hedley Realty Inc. (“Hedley”) in 1994 and an agreement with Flanigan Square of Troy, Ltd. (“Flanigan”) in 1998 whereby each such entity agreed to construct, maintain and operate Parking on certain Parking Areas in connection with their respective commercial/business holdings nearby (collectively, the “Prior Agreements”); and WHEREAS, First Columbia has succeeded to the interest of Hedley and Flanigan in the above-described agreements and the City and First Columbia have continued to comply with them; and WHEREAS, the City and First Columbia desire to enter into this Agreement whereby First Columbia agrees to make additional improvements to attract development of 433, 498, 500 1 4842-0347-9916, v. 2  July 5, 2018 and 515 River Street and the Waterfront Bike Path as set forth in Exhibit B and to continue to construct, reconstruct, improve, expand, maintain and operate the Parking covered by the Prior Agreements and the additional areas marked as such on Exhibit A at no cost or expense to the City and the City agrees to permit First Columbia to use the Parking Areas as Parking as set forth in and subject to this Agreement in connection with its business holdings in the City; and WHEREAS, NYSDOT has not objected to the Prior Agreements or otherwise informed the City of any concerns under the Permits relating to same. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. First Columbia shall have the exclusive right, under the rights of the City pursuant to the Permits, to construct, reconstruct, improve, expand, maintain, and operate Parking at the Parking Areas at no cost or expense to the City, provided, however, that in the exercise of any such rights, First Columbia must comply with applicable law. 2. First Columbia will comply with the requirements of the Permits applicable to the Parking. 3. First Columbia will carry general liability insurance for the Parking Areas in an amount no less than $1,000,000 each occurrence/$2,000,000 aggregate limits and will name the City as an additional insured with respect thereto. 4. The term of this Agreement shall be ten (10) years. First Columbia shall have the right to extend the Agreement for two (2) successive additional 10-year terms. 5. Notwithstanding paragraph 5 above, this Agreement shall terminate if: a) the Permits are revoked, in which case this Agreement shall terminate as of the effective date of such revocation; or 2 4842-0347-9916, v. 2  July 5, 2018 b) the Permits are modified or interpreted such that compliance with the Agreement by First Columbia would, in the exercise of its business judgment, not be in its best interests, in which case this Agreement shall terminate 90 days after First Columbia delivers written notice of termination. In the event of termination in any of the above circumstances, all improvements to the Parking Areas that do not belong to NYSDOT under the Permits shall become property of the City. 6. In the event of termination pursuant to paragraph 5 (a) or 5 (b) above, the City agrees that it will cooperate with First Columbia, at no cost to the City, to locate and establish suitable substitute Parking and that it will waive any rights and forbear from taking any action whatsoever under any applicable law based on an assertion that First Columbia is not providing legally compliant Parking. 7. Use of the term “Permits” shall include amendments thereto after the date of this Agreement. 8. Nothing in this Agreement shall be interpreted to change the City’s rights or obligations under the Permits and, except for those matters covered by this Agreement, the City shall continue to benefit from and be responsible for such rights and obligations. 9. First Columbia will hold harmless and indemnify the City from any violations of the Permits in connection with First Columbia’s activities pursuant to this Agreement, and the insurance required by Section 3 of this Agreement shall incorporate this obligation. 10. First Columbia is permitted to assign this Agreement to a related entity and to a purchaser of the properties being served by the Parking. First Columbia shall give the City ten (10) business days prior written notice to the City of such assignment. Any other proposed 3 4842-0347-9916, v. 2  July 5, 2018 assignment by First Columbia shall require the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, provided that the proposed assignee agrees in writing to be bound by this Agreement. 11. This Agreement cannot be changed, modified, waived or terminated, except by agreement in writing signed by the parties. 12. This Agreement constitutes the entire agreement between the parties as to the matters covered herein and supersedes any other agreements relating to the same subject matter. 13. This Agreement may be executed in counterparts, all of which taken together shall constitute an original. 14. If any provision of this Agreement is determined to violate the Permits, or is otherwise determined invalid or unenforceable, to the extent permitted by law the remaining provisions shall remain in full force and effect provided that, after severing the invalid or unenforceable provision, the intent and purposes of this Agreement are still preserved. [SIGNATURE PAGE FOLLOWS] 4 4842-0347-9916, v. 2  July 5, 2018 Approved as to form: THE CITY OF TROY, NEW YORK ___________________________ by:___________________________ James Caruso ________________________ Corporation Counsel Mayor FIRST COLUMBIA 433 RIVER STREET, LLC by:___________________________ ________________________ 5 4842-0347-9916, v. 2  July 5, 2018 EXHIBIT A PARKING AREAS 6 4842-0347-9916, v. 2  July 5, 2018 EXHIBIT B ADDITIONAL PARKING AREA IMPROVEMENTS 7 4842-0347-9916, v. 2  9 4 5 3 2 1 PARKING AREAS 22 Century Hill Drive, STE 301, Latham, NY 12110, 518-231-1000 EXHIBIT - A 3.22.18 www.firstcolumbia.com  5 3 1 PARKING AREA IMPROVEMENTS 22 Century Hill Drive, STE 301, Latham, NY 12110, 518-231-1000 EXHIBIT - B 3.22.18 www.firstcolumbia.com  Steven Strichman Patrick Madden Commissioner Mayor Department of Planning and Economic Development To: City Council From: Steven Strichman Re: Memo of Support – Resolution #77 – First Columbia Date: July 10, 2018 The City of Troy is the holder of a Permit for Use of State Property under and near the Hoosick Street Bridge. The City has the ability to grant a sub-agreement for the use of the land with approval of NYS Department of Transportation. A stipulation of the permit is that the use of the land cannot be charge a fee for use. First Columbia 433 River Street, LLC is looking to extend and expand their sub-lessee agreement with the City of Troy for the lands owned by the NYS Department of Transportation under the Hoosick Street Bridge. Having held the existing agreement since 1994 and 1998 for a majority of the lots under the bridge; First Columbia and its partner companies have improved and maintained the lots for over 20 years. The company is now expanding its development efforts at 433, 498, 500 and 515 River Street and is looking to upgrade and improve accessibility and the aesthetics of the parking areas under the Hoosick Street Bridge. I recommend approval of resolution #77 as the opportunity to have the sites developed and maintained by this company assists the city of Troy in its efforts to expand its tax base, push development and job creation to its neighborhoods and beautifies a major gateway to the City of Troy. City Hall – 433 River Street, Suite 5001, Troy New York 12180 (518) 279-7166 Steven.Strichman@troyny.gov  RES# 78 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A THREE (3) YEAR AGREEMENT WITH BONADIO & COMPANY FOR AUDITING SERVICES FOR THE FISCAL YEARS 2017, 2018 AND 2019 BE IT RESOLVED, that the Troy City Council hereby authorizes the Mayor to enter into an agreement with The Bonadio Group for independent auditing services for the City of Troy’s fiscal year 2017, 2018 and 2019 with in accordance with the terms in the schedule attached hereto and made a part thereof. Approved as to form July 10, 2018 James A. Caruso, Corporation Counsel Res. #78