City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA January 9, 2020 6:00 P.M. Pledge of Allegiance Roll Call Public Forum LOCAL LAWS ORDINANCES RESOLUTIONS 13. Resolution Authorizing The Execution Of An Agreement By And Between The City Of Troy And MXI (Council President Mantello) (At The Request Of The Administration) 14. Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President Mantello) 15. Resolution Appointing City Marshals For The City Of Troy (Council President Mantello, Council Member Gulli, Council Member Ashe-McPherson) 16. Resolution Appointing A Successor Marshal Of The Troy City Court (Council Member Zalewski, Council Member Steele, Council Member Cummings, Council Member McDermott) 17. Resolution Confirming Appointments To The Troy Industrial Development Authority (Council President Mantello) (At The Request Of The Administration)  RES#13 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF TROY AND MXI (Maumee Express, Inc.) WHEREAS, The City of Troy requires Household Hazardous Waste Event Services; and WHEREAS, on December 5th 2019, the City of Troy, NY received proposals for the provision of Household Hazardous Waste Event services, and WHEREAS, on December 20th 2019, MXI (Maumee Express, Inc.) was selected as the RFP awardee, and WHEREAS, Troy and MXI are both legally empowered to enter into this Agreement, NOW, THEREFORE BE IT RESOLVED, Troy and MXI agree to execute the Agreement in substantial conformance with the contract attached hereto. Approved as to form January 3, 2020 James A. Caruso, Corporation Counsel  RES#13 Memo In Support The City of Troy requires professional services for the purpose of materials management during Household Hazardous Waste Day Events. The City put out a request for proposals in compliance with NYS General Municipal Law. A review panel comprised of participants from multiple departments selected two vendors based upon proposals received. Of those two vendors, it is The City’s opinion that MXI (Maumee Express, Inc.) shall be awarded the contract for a two-year term of commencing on January 1st, 2020 and concluding on December 31st, 2021, with two extensions of this term to be permitted if the City should wish to extend the contract.  AGREEMENT AGREEMENT made effective the 22nd day of April, 2016 between Eastern Rensselaer County, a municipal corporation organized and existing under and by the virtue of the Laws of the New York, hereinafter called “County”, and MXI Environmental Services, LLC, a corporation existing under the Laws of the State of New Jersey with an office located at 26319 Old Trail Road, Abingdon, Virginia, 24210, hereinafter called “Contractor.” WITNESSETH: WHEREAS, Eastern Rensselaer County has agreed to conduct a HOUSEHOLD HAZARDOUS WASTE COLLECTION/DISPOSAL event, and WHEREAS, as low bid contractor/vendor is desirous of performing said public works project. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained the parties agree as follows: SCOPE OF WORK. The contractor will be responsible to furnish and deliver work for HOUSEHOLD HAZARDOUS WASTE COLLECTION/DISPOSAL, on April 30, 2016 the Household Hazardous Waste Collection Event. CONTRACT PERIOD, it is anticipated that the initial contract period shall be from the date of award through December 31, 2018 with 2nd event to be scheduled for 2018. Subsequent one (1) year renewals, at the option of Eastern Rensselaer County, may be available for two (2) additional years. INSURANCE. MXI Environmental Services LLC, agrees to maintain insurance as specified in the contract documents and shall provide Eastern Rensselaer County with a certificate of insurance naming said county as an additional insured. COMPLIANCE WITH RULES, REGULATIONS AND LAWS. It is mutually agreed that all rules, regulations and laws pertaining hereto shall be deemed to be part of this Agreement, and anything contained herein that may be in whole or in part inconsistent therewith shall be deemed to be hereby amended and modified to comply with such legislation, rules, regulations and laws, for and during such time the same shall be in effect, but at no other time. If any provision contained herein is found now or during the life of the Agreement to be null and void, in whole or in part as a matter of law, then said clause or part hereof shall be deemed to be severed and deleted from this Agreement leaving all other clauses or parts thereof in full force and effect. It is further agreed that there shall be no gap in the coverage or applicability of said remaining clauses or parts thereof. The Contractor agrees to comply with the Federal Commercial Drivers License Drug and Alcohol Testing Program requirements set forth in 49 CFR Parts 40 and 382. In acceptance of the Agreement, the Contractor covenants and certifies that it will comply in all respects with all Federal, State, County, or other Municipal Law which pertain hereto regarding work on municipal contracts, matters of employment, length of hours, workers’ compensation and human rights. The Laws of the State of New York shall control the within agreement. CONFLICT OF INTEREST. The Contractor hereby stipulates and certifies that there is no member of the Eastern Rensselaer County Legislature or other Eastern Rensselaer County Officer or employee forbidden by law to be interested in the Agreement directly or indirectly, who will benefit therefore or who is a party thereto. LICENSES. The Contractor hereby agrees that it will obtain, at its own expense, all licenses or permits necessary for this work, if any are necessary prior to the commencement of said work. AUDIT. The Contractor shall take such action, if applicable and as necessary and appropriate, to comply with Federal Circular A-128 relative to Single Audit of Federal Financial Assistance. In any event, the Contractor shall provide the Eastern Rensselaer County with appropriate documentation should the Eastern Rensselaer County wish to conduct an audit relative to expenditure of funds pursuant to this agreement. ASSIGNABILITY. This contract may not be assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, of the Eastern Rensselaer County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. __________________________ Eastern Rensselaer County Dated:___________________ BY:_________________________ MXI Environmental Services LLC Date:____________________ BY:__________________________ STATE OF VIRGINIA ss: COUNTY OF WASHINGTON On this _______day of _________, 20____, before me personally came Ronald Potter, to me known, who being by me duly sworn, did depose and say he resides in Lebanon New Jersey that he Managing Member the corporation described in and which executed the above instrument; that he signed his name thereto. NOTARY PUBLIC My Commission expires:_______________ ________________________ STATE OF New York ss: COUNTY OF _______________ On this ______day of __________, 20____, before me personally came ______________________, to me known, who, being by me duly sworn, did depose and say that (s) he resides in the _____________of _____________________, ; that (s)he is the __________________________, the County described in and which executed the above instrument; and that (s)he signed his/her name thereto by order of the _________________________ of said county. NOTARY PUBLIC My Commission expires:_________________ ________________________  RES#14 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following person, as identified in the attached application hereto and made a part hereof, Commissioner of Deeds for the City of Troy for a two-year term from January 10, 2020 to January 9, 2022. Rachel Carter 1009 2nd Avenue Troy, NY 12182 Catherine Conroy 387 3rd Avenue Troy, New York 12180 Anasha Cummings 16 Hutton Street Troy, New York 12180 Mara Drogan 111 Madison Street Troy, New York 12180 Approved as to form, January 3, 2020 ______________________________________ James A. Caruso, Esq., Corporation Counsel  RES 15 RESOLUTION APPOINTING CITY MARSHALS FOR THE CITY OF TROY Whereas, pursuant to Chapter C, Part 4, Article XII of the City Charter of Troy, the City Council is authorized to appoint as many persons as may be necessary, not exceeding five (5) unless a greater number be at any time prescribed by the City Council to act as Marshals of the City Court; Whereas, the City Council wishes to appoint John McCann as Troy City Marshal effective immediately; and Whereas, the City Council wishes to appoint Rel Teta as Troy City Marshal effective immediately; and Whereas, the City Council wishes to appoint Sara McDermott as Troy City Marshal effective immediately; and Whereas, the City Council wishes to appoint Al Canty as Troy City Marshal effective immediately; and Whereas, the City Council wishes to appoint Keith McDermott as Troy City Marshal effective immediately; and Now, therefore, be it resolved, that the City Council hereby appoints John McCann, Rel Teta, Sara McDermott, Alphonse Canty, and Keith McDermott as City Marshals of City Court of the City of Troy and each shall hold such office until December 31, 2021 or until a successor shall be appointed unless sooner removed from office in accordance with the provisions of the City Charter. Approved as to form, January 3, 2020 ______________________________________ James A. Caruso, Corporation Counsel  RES 16 RESOLUTION APPOINTING A SUCCESSOR MARSHAL OF THE TROY CITY COURT WHEREAS, pursuant to Chapter C, Part 4, Article XII B. of the City of Troy Charter, the City Council is authorized to appoint a successor Marshal of the Troy City Court for an acting Marshal of the Troy City Court; WHEREAS, the City Council wishes to replace Sara McDermott as a Marshal of the Troy City Court and appoint John Gordon in her place and stead as her successor Marshal of the Troy City Court, effectively immediately; NOW, THEREFORE, BE IT RESOLVED that the Troy City Council hereby appoints John Gordon as the successor Marshal of the Troy City Court in the place and stead of Sara McDermott, and that John Gordon shall hold such office until December 31, 2021, or until a successor shall be appointed, unless sooner removed from office in accordance with the applicable provisions of the City of Troy Charter. Approved as to form, January 3, 2020 ______________________________________ James A. Caruso, Corporation Counsel  RES 17 RESOLUTION CONFIRMING APPOINTMENTS TO THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY (TROY IDA) WHEREAS, Chapter 43-A of the Consolidated Laws of the State of New York, “Public Authorities Law”, created and established the Troy Industrial Development Authority, hereinafter referred to as “the Troy IDA”; and WHEREAS, the Troy IDA consists of a Chairperson and eight (8) 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 of Troy; one (1) representative of the school board; and one representative from each of the fields of business, industry and labor, and WHEREAS, a vacancy will exist on the Troy IDA by virtue of the resignation of William Strang, representing the Troy City School District with a term ending June 19, 2021, and the end Council Member Coleen Paratore’s term of office on the City Council on December 31, 2019; NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Troy hereby confirms the appointment to the Troy IDA of Jim Gulli as a member of the City Council, with a term ending December 31, 2021, and Stephanie Fitch as a representative of the Troy City School, with a term ending January 9, 2023, both terms commencing upon passage of this Resolution. Approved as to form, January 9, 2020 _____________________________________ James A. Caruso, Esq., Corporation Council