City Council

TROY CITY COUNCIL FINANCE MEETING AGENDA October 7, 2021 6:00 P.M. Pledge of Allegiance Roll Call Approval of Minutes Presentation of Agenda Public Forum* LOCAL LAWS ORDINANCES RESOLUTIONS 74. Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President Mantello) 75. Resolution Recognizing The Public Service Of Robert “Rabbit” Riley, Jr. (Council President Mantello) 76. Resolution Authorizing And Ratifying The Memorandum Of Agreement By And Between The City Of Troy And The Civil Service Employees Association (Council President Mantello) (At The Request Of The Administration) 77. Resolution Authorizing And Ratifying Employment Contracts For The Chief Of Police, Deputy Police Chief, And Assistant Police Chief Of The City Of Troy Police Department (Council President Mantello) (At The Request Of The Administration) 78. Resolution Authorizing The Mayor To Enter Into An Agreement With Relentless Awareness LLC For Marketing Services Related To The American Rescue Plan Act (Council President Mantello) (At The Request Of The Administration) 79. Resolution Authorizing The Mayor To Enter Into An Agreement To Sublease The Knickerbacker Recreational Facility Ice Skating Arena To The Albany Firewolves, LLC (Council President Mantello) (At The Request Of The Administration) 80. Resolution Honoring Former City Council Legislative Assistant Gary L. Pavlic, 1947 – 2021 (Council Member Zalewski, Council President Mantello) 81. A Resolution Declaring That The Second Monday Of October Shall Also Be Known As Indigenous Peoples’ Day (Council Member Cummings, Council President Mantello) *PUBLIC FORUM Due to the COVID-19 crisis and pursuant to NYS legislation S.50001/A.40001, this meeting shall be held remotely via videoconference and live-streamed on the City Council’s YouTube channel. Troy residents who wish to comment during the public forum at the beginning of the meeting must have the ability to join the Zoom meeting via computer or phone and will be required to pre-register for the meeting. The link to register for the meeting will be posted at least 24 hours before the meeting on the Council Agenda and Minutes page. You must register for the meeting by 3 pm on the day of the meeting. Per Council rules, residents have 5 minutes to speak at the Finance Meeting public forum. Comments must be regarding agenda items. Per the City Council, written comments will not be read aloud at this meeting but will be added to the meeting minutes. Written comments to be added to the meeting minutes should be sent to mara.drogan@troyny.gov and must be received by 3 pm on the day of the meeting. You must include your full name and residential address. Written comments received after 3 pm shall be treated as correspondence and forwarded to the Council for their review. 2  RES74 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the City Council hereby appoints the following individuals, as identified in the applications attached hereto and made a part hereof, Commissioners of Deeds for the City of Troy, each for a two-year term beginning on October 8, 2021 and ending on October 7, 2023. Gary Tucker 185 Boyce Road Nassau, New York 12123 Meghan J. LaBarge 143 Euclid Avenue Troy, New York 12180 Approved as to form, ________________, 2021 ______________________________________ Richard T. Morrissey, Corporation Counsel RES74 RES74  RES75 RESOLUTION RECOGNIZING THE PUBLIC SERVICE OF ROBERT “RABBIT” RILEY, JR. WHEREAS, Robert “Rabbit” Riley, Jr., was hired at the Troy Post Office as a letter carrier in 1969; and WHEREAS, under the guidance of former president Marty Mahar of the Troy Postal Worker Local Branch 416, Rabbit became a Shop Steward at the Troy Post Office in 1975; and WHEREAS, Rabbit has been involved in community services with the Local Branch for a long period of time; and WHEREAS, Rabbit is a strong advocate for the Muscular Dystrophy Association, which he assists by raising money. He is the Co-chairman of the Golf Committee which raises thousands of dollars for the Muscular Dystrophy Association; and WHEREAS, Rabbit also helps to conduct the annual National Letter Carrier Food Drive, and is a volunteer for the Capital Charities Food Drive; and WHEREAS, in 1996, Rabbit was inducted into the Troy High School Football Hall of Fame; and WHEREAS, Rabbit is the current Congressional Liaison for the 20th Congressional District; and WHEREAS, Rabbit has been awarded the first Congressional pin by the National Association of Letter Carriers Union for his diligence and hard work in promoting legislation; and WHEREAS, Local Branch 358 is in the process of awarding Rabbit a 50 year plaque and gold card; and WHEREAS, Rabbit has been a role model and inspiration for all letter carriers. NOW, THEREFORE, BE IT RESOLVED that the Troy City Council pause in its deliberations to recognize and thank Robert “Rabbit” Riley, Jr., for his decades of public service as a Postal Worker, as a leader of the Letter Carriers Union, and as a citizen committed to his community and the people of Troy. Approved as to form ______________, 2021 Richard T. Morrissey, Corporation Counsel  RES76 RESOLUTION AUTHORIZING AND RATIFYING THE MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF TROY AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION WHEREAS, the Administration of the City of Troy and the Civil Service Employees Association (“CSEA”) have negotiated new provisions to the Collective Bargaining Agreement between the City and the CSEA; and WHEREAS, the newly negotiated provisions are embodied in the terms of the Memorandum of Agreement by and between the City of Troy and the Civil Service Employees Association (“MOA”), dated September 28, 2021, a true copy of which is attached hereto as Exhibit “A”; and WHEREAS, the MOA shall amend the previously executed Collective Bargaining Agreement, valid from January 1, 2018, through December 31, 2020, and shall be effective upon enactment of this legislation for the period from January 1, 2021, through December 31, 2024; and WHEREAS, the members of the CSEA have ratified the MOA and shall be bound by its terms upon ratification by the City Council of the City of Troy and execution of this Resolution by the Mayor. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes and ratifies the labor Agreement with the CSEA attached hereto as Exhibit “A”. Approved as to form, ________________________, 2021 _______________________________________________ Richard T. Morrissey, Corporation Counsel RES76 RES76 RES76 RES76 RES76  RES77 RESOLUTION AUTHORIZING AND RATIFYING EMPLOYMENT CONTRACTS FOR THE CHIEF OF POLICE, DEPUTY POLICE CHIEF, AND ASSISTANT POLICE CHIEF OF THE CITY OF TROY POLICE DEPARTMENT WHEREAS, The Administration and the Police Chief, Deputy Police Chief, and Assistant Police Chief have successfully negotiated the contracts attached hereto as Exhibit “A”, Exhibit “B”, and Exhibit “C”. NOW, THEREFORE, BE IT RESOLVED, the City Council hereby authorizes the Mayor to execute the attached Employment Agreements on behalf of the City of Troy and hereby ratifies the terms thereof. Approved as to form, __________________, 2021 _________________________________________ Richard T. Morrissey, Corporation Counsel  RES77 Memo in Support Upon elevation to the rank of Chief, Deputy Chief and Assistant Chief the successful candidates move out of the Command Officers Collective Bargaining Unit and become non-represented employees. This legislation, authorizes and ratifies the three employment contracts that set forth the terms of employment for the Chief, Deputy Chief, and Assistant Chief. The terms essentially capture and retain all of the benefits these individuals had secured as Captains in the Department. The salary for each position is based on factors including: the pay/benefit scale of comparable positions in the area, the historical rate of pay of these positions in the City of Troy, and a suitable differential between these positions and the pay scale of their subordinates. These contracts are personal to the individuals named in the contracts and do not inure to the benefit of their successors. The legislation endorses the following three contracts. The contracts commence on the Chiefs’ respective dates of appointment. 1. Contract for Dan DeWolf as Chief of Police for a term commencing July 15, 2021. 2. Contract for Christopher Kehn as Deputy Chief of Police for a term commencing July 15, 2021. 3. Contract for Steven Barker as Assistant Chief of Police for a term commencing September 3, 2021. RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77 RES77  RES78 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH RELENTLESS AWARENESS LLC FOR MARKETING SERVICES RELATED TO THE AMERICAN RESCUE PLAN ACT WHEREAS, the City of Troy has need for a third party vendor to provide marketing services for projects funded by the American Rescue Plan Act; and WHEREAS, the City issued an RFP for marketing services and received eighteen responses; and WHEREAS, after review and interviews were completed, Relentless Awareness LLC was selected as the most appropriate vendor to provide the services the City needs; and WHEREAS, the selected vendor will perform the marketing services and data research required by the City. NOW, THEREFORE, BE IT RESOLVED, the Troy City Council hereby authorizes the Mayor to enter into an agreement with Relentless Awareness LLC for marketing services related to the American Rescue Plan Act for a contract term ending December 31, 2023, with an option for one additional two year renewal, the contract to be in substantial conformity with the Agreement attached hereto as Exhibit “A”. Approved as to form, ____________________, 2021 Richard T. Morrissey, Corporation Counsel  RES78 WM. Patrick Madden Andrew Piotrowski Mayor City Comptroller Monica Kurzejeski Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: September 14, 2021 To: Troy City Council From: Monica Kurzejeski, Deputy Mayor Andrew Piotrowski, City Comptroller Re: American Rescue Plan Marketing RFP Award – Relentless Awareness LLC The City issued an RFP for marketing services related to the American Rescue Plan and received 18 responses from firms throughout the United States. After a thorough review of all responses, the City interviewed four different firms based on criteria including proximity to the city, experience, scope of services the firm is able to provide and cost. After interviews were completed the recommendation is to award the contract to Relentless Awareness LLC. They are locally within the Capital District and meet all of the different services the City is looking for within the issued RFP. The retainer for this contract is $119,500 which is fully reimbursable under the American Rescue Plan and the term of the contract is through December 31, 2023 with the option for one two year renewal. RES78 RES78 RES78 RES78 RES78 RES78 RES78 RES78 RES78 RES78  RES79 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT TO SUBLEASE THE KNICKERBACKER RECREATIONAL FACILITY ICE SKATING ARENA TO THE ALBANY FIREWOLVES, LLC WHEREAS, the City of Troy leases certain premises from the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc., and is the Leaseholder of the Knickerbacker Memorial Playgrounds Park located at 8th Avenue and 103rd Street in the City of Troy; and WHEREAS, the Knickerbacker Recreational Facility Ice Skating Arena at 191 103rd Street, Troy, New York 12182 is part of the City’s leasehold and is an indoor arena that is no longer used for ice skating but remains suitable for use as an indoor sporting arena; and WHEREAS, the Albany Firewolves, LLC, is a local professional lacrosse club that desires to sublease the Recreational Facility from the City for use as an indoor lacrosse venue, with rights of access and egress through Knickerbacker Park; and WHEREAS, the City is willing to enter into a sublease with the Firewolves upon the terms, conditions, covenants, and provisions set forth in the Sublease and License Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED, the Troy City Council hereby authorizes the Mayor to enter into a Sublease and License Agreement with Albany Firewolves, LLC, the Agreement to be for a term of five years with an option for two extensions for two years each, with the Agreement to be in substantial conformity with the Sublease and License Agreement attached hereto. Approved as to form, _______________________, 2021 _____________________________________________ Richard T. Morrissey, Corporation Counsel  RES79 Monica Kurzejeski Office of the Deputy Mayor Phone: (518) 279-7130 Deputy Mayor, City of Troy City Hall Fax: (518) 270-4546 Monica.kurzejeski@troyny.gov 433 River Street Troy, New York 12180 Date: September 30, 2021 To: Troy City Council From: Monica Kurzejeski, Deputy Mayor Re: Sub-Lease agreement between the City of Troy and the Albany Firewolves, LLC. The City over the last year has had conversations with the National Lacrosse League that has recently made the Capital Region their home. In their pursuit of a long term commitment to the region and its youth sports programming, they approached the city of Troy to enter into an agreement to operate the Knickerbacker facility to provide a secondary home to the Albany team and a venue for them to hold their youth programming and develop and build the sport beyond what it already is in Troy and the Capital Region; which is a significant part of their mission. Their work will not only bring families, teams and youth to the Knickerbacker Park; their work will add to the city’s youth programming initiatives, provide a partner for community events; and also drive economic development through tourism and tournaments, sports events and team leagues. The Albany Firewolves are a National League Team. There is no other entity in the Capital Region that provides the same level of play, name recognition, operating ability and commitment to the facility and commitment to working with the Troy community. The Deputy Mayor has been in contact with the Knickerbacker Board President and the document reflects any conditions that were requested for their organization. 1  RES79 CITY OF TROY, LEASEHOLDER AND ALBANY FIREWOLVES, LLC, SUB-TENANT For Sublease of Knickerbacker Recreational Facility Ice Skating Arena 191 103rd Street Troy, New York 12182 THIS SUBLEASE AND LICENSE AGREEMENT (“Agreement” or “Sublease” or “License”) by and between the CITY OF TROY, NEW YORK, a Municipal Corporation duly organized and existing under the laws of the State of New York, having an address of City Hall, 433 River Street, Troy, New York 12180 (“City” or “Leaseholder”) and ALBANY FIREWOLVES, LLC, a duly incorporated entity organized under the laws of the State of New York, having an address of 51 South Broadway, Albany, New York 12207 (“Firewolves” or “Sub- Tenant”) made this _____ day of ____________________, 2021 WITNESSETH WHEREAS, the City of Troy leases certain premises from the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc. (“Owner”), and is the Leaseholder of the Knickerbacker Memorial Playgrounds Park located at 8th Avenue and 103rd Street in the City of Troy, County of Rensselaer and State of New York (“Knickerbacker Park”); and WHEREAS, the Knickerbacker Recreational Facility Ice Skating Arena at 191 103rd Street, Troy, New York 12182 (“Facility”) is part of the City’s leasehold and is an indoor arena that is no longer used for ice skating but remains suitable for use as an indoor sporting arena; and WHEREAS, the Albany Firewolves, LLC, desires to sublease the Facility from Leaseholder for use as an indoor lacrosse venue, with rights of access and egress through Knickerbacker Park; and WHEREAS, Leaseholder is willing to enter into this Sublease and License Agreement with Sub-Tenant upon the terms, conditions, covenants, and provisions set forth herein. NOW, THEREFORE, in consideration of the rentals to be paid hereunder and all of the other terms, conditions, covenants, and provisions contained herein, the Leaseholder and Sub-Tenant hereby agree: 1  RES79 1. Subleased Premises: Knickerbacker Recreational Facility Ice Skating Arena, 191 103rd Street, Troy, New York 12182, a/k/a the Facility. 2. Sublease Period: November 1, 2021 through December 31, 2026. 3. Term and Termination: The Initial Term of this Sublease shall commence on November 1, 2021 and terminate on December 31, 2026. Upon consent of both parties, Leaseholder and Sub-Tenant may extend the Sublease for up to two additional two year terms at the rental rates specified below. 4. Rent: • November 1, 2021 through December 31, 2021 - $0.00 • January 1, 2022 through December 31, 2022 - $4,000 per month plus 5% commission payable quarterly on all bookings, fees, and space rentals. • January 1, 2023 through December 31, 2023 - $4,250 per month plus 5% commission payable quarterly on all bookings, fees, and space rentals. • January 1, 2024 through December 31, 2024 - $4,500 per month plus 5% commission payable quarterly on all bookings, fees, and space rentals. • January 1, 2025 through December 31, 2025 - $5,000 per month plus 6% commission payable quarterly on all bookings, fees and space rentals. • January 1, 2026 through December 31, 2026 - $5,500 per month plus 6% commission payable quarterly on all bookings, fees and space rentals. • Extensions of the Sublease will include an annual increase of 3% to the monthly rent plus 6% commission payable quarterly on all bookings, fees and space rentals. If Sub-Tenant holds over and continues in possession of the premises beyond the term of this lease or beyond any agreed extension or other termination, Leaseholder may then regain possession of the premises through any and all lawful means. Sub-Tenant shall provide quarterly reports which shall include copies of all third party agreements, rentals, fees, or bookings associated with the facility, and such other reports and records as Leaseholder may deem necessary to audit. Quarterly reports shall also include an Income Statement with a designated revenue account or accounts for all bookings, fees, and space rentals specific to the facility and a specific expenditure account, entitled Commissions - City of Troy, which shall be credited and funded in an amount equal to the commission percentage applicable to the designated revenue account or accounts. 5. Sublease Expiration: Upon consent of both parties, Leaseholder and Sub- Tenant may extend the Sublease for up to two additional two year terms at the rental rates specified above. 6. Rent Deposit: There is no rent deposit. 2  RES79 7. Security Deposit: There is no security deposit. 8. Purchase Option: There is no purchase option. 9. Use and Condition of Property: a. Sub-Tenant, upon execution and delivery of this Agreement and commencement of the Sublease period, shall be permitted to use and quietly enjoy the Subleased Premises for Sub-Tenant’s lawful purposes. b. During the term of this Sublease, Sub-Tenant shall have license to access and egress the Facility through Knickerbacker Park. c. Sub-Tenant shall not keep or store flammable, combustible, explosive, or other hazardous materials in or on the Subleased Premises. d. Sub-Tenant shall furnish Leaseholder with duplicate keys or access codes so that Leaseholder may have unimpeded access to the Subleased Premises in an emergency. e. Leaseholder will have the right to inspect the Subleased Premises at any reasonable time. f. Except as set forth herein, Leaseholder shall bear no responsibility for upkeep, maintenance, or repair to or for the Subleased Premises during the time Sub-Tenant occupies the Subleased Premises. Alterations: Sub-Tenant agrees not to make any alterations or improvements in or on the Subleased Premises without the Leaseholder’s prior written consent. All proposed alterations shall be presented to the Deputy Mayor or Commissioner of General Services for approval or rejection in a timely manner. Any alterations or improvements made by Sub-Tenant shall be done solely at its own expense without deduction from monies payable to Leaseholder or any other reimbursement. All fixtures, alterations, and improvements to the Subleased Premises made by Sub-Tenant shall become the sole property of the Leaseholder upon termination of the Sublease or upon Sub-Tenant’s eviction from the Subleased Premises. Any construction or demolition undertaken by Sub-Tenant shall be subject to the usual building permit and inspection processes of the City of Troy. The City will waive the usual fees associated with permits required for that work. However, Sub-tenant shall remain responsible for securing any other permits, approvals or certifications that may be necessary. Conditions of Use and Reserved Uses of the Facility: a. Sub-Tenant agrees that a part of the Facility will be designated for the exclusive use of City of Troy Parks and Recreation personnel as shown on Exhibit A, attached hereto. b. Sub-Tenant will provide Volunteer Recreational Youth of Troy 3  RES79 organizations free access to and use of the Facility for up to ten (10) hours per week, with the schedule to be coordinated by the Sub-Tenant in collaboration with those organizations. c. Sub-Tenant will provide the City of Troy and its designated partner organizations free access to and use of the Facility for up to four (4) community events per year. Such events will be coordinated among the partner organizations, the City of Troy, and the Sub-Tenant. d. Each year, Sub-Tenant will hold four (4) community sports events open to Troy youth at no cost and a one week long youth sports summer camp. e. Sub-Tenant will provide free access to and use of the Facility board room up to two (2) times per month for the Owner to hold Board meetings and Expenditure Committee meetings. f. Sub-Tenant will provide free access to and maintain the current storage area for the records and personal property of the Owner, and provide additional storage space if necessary. g. Sub-Tenant will cooperate and coordinate with the Rensselaer County Board of Elections for continued use of the Facility as a polling place for Primary, General, and Special elections. h. Sub-Tenant will cooperate and coordinate with the City to provide free public access to and use of the restroom facilities in the Subleased Premises for outdoor sports events held in the Knickerbacker Park. Such usage will be overseen by City of Troy employees. i. Sub-Tenant shall not alter or interfere with the rooftop solar installations in any way. j. For any event or activity that requires a permit or other approval from the State Liquor Authority, Sub-Tenant must obtain authorization (and a permit if required) from the City of Troy before using the Facility or Knickerbacker Park for such purpose. 10. Maintenance and Repairs: Sub-Tenant shall be responsible for all maintenance of the Facility, all day-to-day operating costs associated with running the Facility, and any and all repairs to every part of the Subleased Premises, except for the area designated for the exclusive use of City of Troy Parks and Recreation Department Personnel as depicted in Exhibit A, attached hereto. Such maintenance and repairs may include but are not in any way limited to the electrical, plumbing, and HVAC systems. All maintenance and repairs will be done by professionals competent to perform the type of maintenance or repair necessary, and shall be performed in a quality workmanlike manner. Sub-Tenant shall maintain or improve the condition of the Subleased Premises. a. Leaseholder shall be responsible for repairs to water and sewer lines that connect to the Facility as may require repair from time to time. b. Leaseholder will maintain the adjacent parking lot and exterior sidewalk. 4  RES79 c. Any repairs to the roof or solar panel installation will be coordinated by the Leaseholder with the appropriate contractors. 11. Signs: Sub-Tenant shall not construct, replace, remove, alter, or add any signs to or on the Subleased Premises without the written consent of Leaseholder. This provision does not apply to temporary special event banners or signs. The name of the Facility shall not be changed or altered by Sub-Tenant. 12. Insurance – Sub-Tenant shall procure and maintain property insurance for protection of the Subleased Premises and liability insurance for protection from all claims arising out of or in consequence of Sub-Tenant’s use or occupancy of the Subleased Premises and Knickerbacker Park. Sub-Tenant must have adequate insurance coverage for all claims arising out of or in consequence of the acts and omissions of the Sub-Tenant, or of any person or entity acting by, through, under, for, or otherwise on behalf of Sub-Tenant, with or without permission to be in, on, or about the Subleased Premises, or to act in connection with the Subleased Premises, including but not limited to claims for damages for death, bodily injury, or property damage, of any kind or nature. The City of Troy and the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc., shall be named Additional Insureds on Sub-Tenant’s policies of insurance. There shall be no material undisclosed policy exclusions or exceptions on the required insurance coverages. Sub-Tenant will procure and maintain at its own expense: 1. Commercial general liability and contractual liability on an occurrence basis for all personal and bodily injuries and property damage, with minimum coverage limits of One Million Dollars ($1,000,000) for each occurrence/Two Million Dollars ($2,000,000) general aggregate per project/location. a. Liability insurance policies will not be accepted that: i. Remove or restrict blanket contractual liability located in the “insured contract” definition (as stated in Section V, Number 9, Item f in the ISO CGL policy or equivalent) so as to limit coverage against claims that arise out of work; or ii. Remove or modify the “insured contract” exception to the employers liability exclusion; or iii. Do not cover the Additional Insured for claims involving injury to employees of the named insured or its subcontractors or their employees. 5  RES79 b. Sub-Tenant shall require that its subcontractors carry insurance with the same limits and provisions as provided herein. Sub- Tenant will maintain certificates of insurance for all subcontractors as part of the Sub-Tenant’s records. 2. Professional Liability/Errors & Omissions coverage of at least One Million Dollars ($1,000,000) for each occurrence/Two Million Dollars ($2,000,000) aggregate per project/location or claim. 3. Workers compensation insurance as required by law, employer's liability insurance, and statutory disability benefits insurance as required by law. 4. Comprehensive motor vehicle liability coverage on owned, hired, leased, or non-owned motor vehicles with coverage limits of not less than One Million Dollars ($1,000,000) combined for each accident for bodily injury, sickness, or disease, sustained by any person, caused by accident, and arising out of the ownership, maintenance, or use of any motor vehicle, as well as 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 motor vehicle. 5. Commercial umbrella insurance coverage of Five Million Dollars ($5,000,000), or more. 6. Property and hazard insurance with extended coverage perils for replacement value of the Facility, with Owner and the City as loss payees. Each and every policy of insurance required by this Agreement shall be in form and content satisfactory to the City of Troy Corporation Counsel, and shall provide: 1. Additional Insured. The City of Troy (including its officers, agents, and employees) and the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc., shall be named Additional Insureds including premises operations and completed operations on a primary and non-contributing basis for all policies and coverages, including but not limited to the umbrella insurance coverage. The Additional Insureds shall be held harmless and indemnified from any and all claims arising out of or in consequence of the Sub-Tenant’s use, occupancy, and operations under this Agreement or otherwise arising out of or in consequence of the Sub-Tenant’s acts or omissions. 6  RES79 2. Per Project Aggregate. The insurance policies shall cover premises operations and completed operations on a per project basis. 3. Waiver of Subrogation. As to every type and form of insurance coverage required from the Sub-Tenant, there shall be no right of subrogation against the City of Troy, its officers, agents, or employees, or against the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc. If any of Sub-Tenant’s policies of insurance prohibit such a waiver of subrogation, Sub-Tenant shall secure the necessary authorization from its insurance carrier to make this waiver effective. 4. Waiver of Indemnities. The Sub-Tenant waives any right of action it and/or its insurance carrier might have against the City of Troy (including its officers, agents, or employees) or the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc., to be indemnified for any type of loss that is required by this Agreement to be covered by a policy of insurance, whether or not such loss is insured. 5. The Certificate of Insurance shall be in form and content satisfactory to the City of Troy Corporation Counsel. All referenced forms shall be provided with the Certificate. Additional information, including without limitation complete policies, shall be provided to the Corporation Counsel upon request. 6. 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. 7. The insurance policies shall be renewed upon expiration and continued in force unless the City of Troy Corporation Counsel's Office is given thirty (30) days written notice to the contrary. No use, occupancy, or operations shall be commenced under this Agreement until the Sub-Tenant has delivered to the City proof of issuance of all policies of insurance required by the Agreement to be procured. If at any time, any of said policies shall be or become unsatisfactory to the City, Sub-Tenant shall promptly obtain a satisfactory policy and submit proof of the same to the City for approval. Upon failure of Sub-Tenant to furnish, deliver, and maintain satisfactory insurance as provided above, this Agreement may, at the election of the City, be suspended, discontinued, or terminated. Failure of Sub-Tenant to procure and maintain any required insurance shall not relieve the Sub-Tenant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Sub-Tenant concerning defense and indemnification. 7  RES79 In the event that any portion of the Sub-Tenant’s use, occupancy, or operations described in this Agreement is performed by an approved subcontractor of the Sub-Tenant, all of the insurance requirements of this agreement shall be incorporated into the subcontract agreement with no additional exclusions or exceptions from coverage whatsoever. Subcontractor insurance requirements shall include but not be limited to the requirements for Workers’ Compensation, Commercial General Liability, Umbrella Liability, and as applicable, Commercial Auto and/or Professional Liability. Sub-Tenant shall require that each and every subcontractor shall produce a Certificate of Insurance meeting all of the requirements of the City and documenting the required insurance coverages. A subcontractor’s Certificate of Insurance in form acceptable to the City shall be provided to the City before that subcontractor may commence operations. The carrying of insurance as required by this Agreement shall in no way relieve the Sub-Tenant, or its subcontractors and consultants, of any other responsibility or liability under this Agreement. The City of Troy Corporation Counsel, in his or her sole discretion, may approve a variance from the insurance requirements herein for good and sufficient reason. 13. Breach: In the event Sub-Tenant is in breach of any provision of this Sublease other than the Rent provisions contained in Paragraph 4 above, Leaseholder may, in its sole discretion, notify Sub-Tenant in writing that Sub-Tenant is in breach. Sub-Tenant shall then have thirty (30) days to cure the breach. If Sub-Tenant shall have taken immediate steps to cure the breach and the breach is not curable within thirty (30) days, but Sub-Tenant is willing to persist to accomplish the cure within a reasonable time, Leaseholder may extend the cure period. Otherwise, Leaseholder may avail itself of any and all legal remedies. Failure of Leaseholder to notify Sub- Tenant of a breach and opportunity to cure shall in no way imply or express any authorization or consent to continue the breach, nor does it waive the breach. 14. Utilities: Sub-Tenant understands and agrees that Sub-Tenant shall be responsible to pay for all of the utilities at the Subleased Premises for the entire Sublease term including, without limitation: electricity, gas, propane, cable, phone, garbage/recycling, sewer and water. If the Sub-Tenant has food concessions at the Facility, Sub-Tenant agrees to implement a composting program for the waste generated by that use. All utility bills must be paid within thirty (30) days of their due date or Sub-Tenant shall be in breach of this Sublease. 15. Assignment: This Agreement may not be assigned, nor may the Facility be sublet without the prior written consent of Leaseholder. However, Sub-Tenant shall be permitted to rent space and time on a temporary basis to other organizations that desire to use the Facility, subject 8  RES79 to the approval of Leaseholder. 16. Governing Law and Venue: This Agreement is to be strictly construed under and governed by the Laws of the State of New York, without regard to its conflicts of law provisions. The parties agree that the most proper venue for any legal proceeding arising out of this Agreement or otherwise between them shall be Rensselaer County Supreme Court. 17. Entire Agreement: This writing represents the entire agreement of the parties relating to the Subleased Premises. This Agreement replaces any and all prior written and oral agreements of the parties. The Leaseholder makes no express or implied warranties or promises, other than those expressed herein. Any additions or modifications to this Agreement must be in writing and signed by the parties to this Sublease. 18. Attorney’s fees: In the event Sub-Tenant breaches this Sublease and Leaseholder engages an attorney to recover moneys owed for rent, damage or otherwise, Sub-Tenant agrees to pay all reasonable attorney’s fees and court costs incurred by Leaseholder to enforce this Sublease, provided Leaseholder is the prevailing party. 19. Compliance with Law: Sub-Tenant agrees to comply with the Laws of the United States, the State of New York, the County of Rensselaer, and the City of Troy, all as are applicable. Sub-Tenant’s failure to comply with any applicable laws shall be a breach of this Sublease. 20. Indemnification - The promises in this section are separate from the insurance requirements of this Agreement and shall apply whether or not the insurance requirements are fulfilled. The intent of this section is to hold Owner and Leaseholder completely harmless from every claim that may in any way arise out of or in consequence of Sub-Tenant’s use or occupancy of the Subleased Premises or Knickerbacker Park, or that may in any way arise out of or in consequence of the acts or omissions of Sub-Tenant. Sub-Tenant shall defend, indemnify, and save harmless the City of Troy, its agents and employees, and the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc., from and against any and all liability, loss, or other claims for damages for death, bodily injury, or property damage, or of any other kind or nature, arising out of or in consequence of Sub- Tenant’s use or occupancy of the Subleased Premises or Knickerbacker Park, or arising out of or in consequence of the acts or omissions of Sub-Tenant, or, without limitation, of any agent, servant, employee, contractor, subcontractor, consultant, invitee, supplier, concessionaire, subtenant, or any other person acting under, through, by, for, or on behalf of Sub-Tenant with or without permission, or arising from any failure to perform this Agreement, or otherwise 9  RES79 arising in any way in consequence of Sub-Tenant’s activities or omissions, all to the fullest extent allowed by law. Sub-Tenant shall defend, indemnify, and save harmless the City of Troy, its agents and employees, and the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc., from and against, without limitation, all losses, litigations, claims, actions, causes of action, proceedings, demands, damages, indemnities, suits, judgments, orders, rulings, appeals, costs, expenses, and all other elements of litigation (including without limitation reasonable attorney’s fees and other costs of defense), arising out of or in consequence of Sub-Tenant’s use, occupancy, or operations under this Agreement, or failure to perform this Agreement, or arising in any way as a result of Sub-Tenant’s activities or omissions, all to the fullest extent allowed by law. Sub-Tenant shall defend, indemnify, and save harmless the City of Troy, its agents and employees, and the Thomas A. Knickerbacker and Helen L. Knickerbacker Memorial Playgrounds, Inc., from and against any and all claims for injuries to Sub-Tenant’s employees or the employees of any agent, servant, consultant, contractor, or subcontractor of Sub-Tenant, and any and all claims made by any person or entity (including without limitation all officers, employees, agents, contractors, subcontractors, consultants, suppliers, concessionaires, subtenants, guests, invitees, uninvited persons, survivors, representatives, and distributees), arising out of or in connection with Sub- Tenant’s use, occupancy, or operations in or on the Subleased Premises or Knickerbacker Park, and in any way arising out of or in connection with Sub- Tenant’s activities or omissions, all to the fullest extent allowed by law. The parties intend that the promises in this section shall be consistent with New York General Obligations Law Section 5-322.1. Therefore, for any contracts to which that section applies, the promises herein shall not be construed as purporting to indemnify or hold harmless the City of Troy against liability for damage arising out of bodily injury to persons or damage to property contributed to, caused by or resulting from the negligence of the City of Troy, its agents or employees, whether such negligence be in whole or in part. 21. Discharge of Liens: Sub-Tenant shall be responsible to discharge or bond any and all liens filed against the Subleased Premises relating to work or repairs undertaken at the direction of or on behalf of Sub-Tenant, or relating to any activities of Sub-Tenant. Failure by Sub-Tenant to discharge or bond any such lien within 30 days of notice of filing of the lien shall constitute a breach of this Sublease. Leaseholder reserves the right to cure any such lien or encumbrance and to add all associated costs to the rent due hereunder. 22. Right to Enter: Sub-Tenant agrees that Leaseholder and Leaseholder's agents and representatives shall have the right to enter upon and into the Subleased Premises at all reasonable hours for the purposes of examining and inspecting the Facility, or for making such repairs or alterations therein as may be necessary for the safety and preservation thereof. Leaseholder shall give reasonable notice to Sub-Tenant before entry for the purpose making repairs or 10  RES79 alterations, 23. Notices: Any notices given pursuant to this Sublease shall be in writing and shall be deemed sufficiently given if delivered personally or sent by registered or certified mail addressed to the parties at the following addresses: To the Leaseholder: To the Sub-Tenant: Corporation Counsel Albany Firewolves, LLC Troy City Hall Times Union Center 433 River Street, Suite 5001 51 South Broadway Troy, New York 12180 Albany, New York 12207 24. Severability: If any provision of this Agreement is deemed void or voidable or illegal by any Court of law having jurisdiction thereof, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect as if such severed provision had never been included. 25. Use of Paragraph Headings: Paragraph headings are used for convenience of organization. In the event of a contractual ambiguity, the contract shall be read as a "whole" to determine the intent of the parties. 26. Sublease Subordinate: The rights of Sub-Tenant under this Sublease Agreement shall be subject and subordinate to the lien of all present or future mortgages or other encumbrances upon Leaseholder’s or Owner’s interest in the Subleased Premises. 11  RES79 IN WITNESS WHEREOF, this Sublease and License Agreement has been duly executed by Leaseholder and Sub-Tenant as of the date first written above. LEASEHOLDER: CITY OF TROY, NEW YORK By: Name: Title: SUB-TENANT: ALBANY FIREWOLVES, LLC By: Name: Title: Approved as to Form and Authority ________________________________________ Richard T. Morrissey City of Troy Corporation Counsel 12  RES79 STATE OF NEW YORK ) ) ss: COUNTY OF RENSSELAER ) On the ___ day of __________, 2021, before me, the undersigned, personally appeared Wm. Patrick Madden, Mayor of the City of Troy, New York, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) ss: COUNTY OF ) On the ___ day of ___________, 2021, before me, the undersigned, personally appeared _________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public 13  RES80 RESOLUTION HONORING FORMER CITY COUNCIL LEGISLATIVE ASSISTANT GARY L. PAVLIC, 1947 – 2021 WHEREAS, Gary L. Pavlic was born on February 27, 1947, the cherished and devoted son of the late Stanley and Julia DeCata Pavlic; and WHEREAS, Gary graduated from Duanesburg Central High School and later earned a B.S. in Human Development from Empire State College; and WHEREAS, Gary was an accomplished public servant who held positions with the N.Y.S. AIDS Institute and the N.Y.S. Department of Health; and WHEREAS, Gary resided in the City of Troy for over 30 years; and WHEREAS, Gary was an ardent activist who worked tirelessly on behalf of Troy's residents. He also served as co-chair of the Friends of Pawling Park and of the Colonel Albert Pawling Statue Committee; and WHEREAS, Gary served as Legislative Assistant to the Troy City Council in 2012; and WHEREAS, Gary was first elected to the Rensselaer County Legislature in 2012, and was re- elected to a 4-year term in 2013, serving as a County Legislator from 2013 to 2017; and WHEREAS, Gary relinquished his seat in the County Legislature in 2017 to run for the position of Troy City Council President, losing that race by only 43 votes; and WHEREAS, Gary will long be remembered for his lifelong work on behalf of the LGBTQ community, as well as for being one of the original founders of the Capital District Pride Center; and WHEREAS, Gary was a wonderful, generous, and loyal friend, a great lover of Troy and a great lover of animals, especially his two cats, Tigger and Chloe; and WHEREAS, Gary leaves behind his longtime companion and soulmate, Don Haag, and many cousins in the U.S. and Australia, including Mary Ann Ricciardi and Paula Murphy who were more like his sisters, as well as his goddaughter, Dr. Jessica Noonan; and WHEREAS, Gary L. Pavlic passed away suddenly and unexpectedly at Albany Medical Center on September 22, 2021, leaving a legacy of gratitude and joy in the life he lived. NOW, THEREFORE, BE IT RESOLVED that the Troy City Council pause in its deliberations to honor Gary L. Pavlic for his dedicated service to Troy and its citizens, and to the entire Capital District community. Approved as to form, ________________________, 2021 Richard T. Morrissey, Corporation Counsel  RES81 A RESOLUTION DECLARING THAT THE SECOND MONDAY OF OCTOBER SHALL ALSO BE KNOWN AS INDIGENOUS PEOPLES’ DAY WHEREAS, a better future should not be built on an unacknowledged past; and WHEREAS, the City of Troy encompasses ancestral homelands of Indigenous Peoples; and WHEREAS, Indigenous Peoples are celebrated for their traditional values that include respect for the interdependence of humanity and all living things, spiritual practices that recognize the profound significance of ancestral lineages, and a broad diversity of knowledge and perspectives, including sustainable environmental practices; and WHEREAS, Indigenous Peoples have long understood that humans are part of and dependent upon the natural world, which provides the necessities of life — air, water, food, and shelter — and also nourishes the human spirit, thereby enabling humans not merely to exist, but also to flourish; and WHEREAS, the primacy of this relationship with Nature was recognized by Indigenous Peoples in this region long before the City of Troy was founded, as Native American Tribes considered the lands they lived upon to be sacred; and WHEREAS, the Capital Region is part of the traditional homelands of the Mohican tribes, i.e., Eastern Algonquin speaking peoples whose descendants include the Stockbridge Munsee, Ramapough Munsee Lenape First Nations, Schaghticoke First Nations, and others; and WHEREAS, the area of the City of Troy, located at the confluence of the Hudson and Mohawk Rivers, was part of a historically significant trade route, and an important place of settlement and meeting for many Indigenous Peoples; and WHEREAS, the European invasion and conquest of Indigenous Peoples in all parts of the Americas involved centuries of cruelty, exploitation, forced removal, and genocide; and WHEREAS, many Indigenous Peoples of the Northeast were removed by force or treaty from their traditional homelands; and WHEREAS, in April 1676, a Board of Commissioners headed by Governor Andros, the first English Governor of New York, and his counselors, judges, and clergy, traveled to a large Mohican village on the Hoosick River to participate in a Witenagemot (“Council of the Wise”) with more than 1,000 Native Americans; and WHEREAS, the Witenagemot was convened on lands at or near where the Knickerbocker Mansion in Schaghticoke is now located; and WHEREAS, the resultant Witenagemot Peace Treaty of 1676 settled nearly 50 years of warfare between the Mohawk and Mohican tribes and established a link of friendship between the European colonists around Albany and the Indigenous Mohawk, Mohican, and Hoosac Peoples, and provided refugees from King Philip’s War in New England with lands in the Schaghticoke area where those displaced Indigenous Peoples could settle and live peaceably; and  RES81 WHEREAS, to commemorate the Witenagemot Peace Treaty, two white oak trees were planted – one for the Mohawk and one for the Mohican – one of which, known as the Witenagemot Oak Peace Tree, stood until 1949; and WHEREAS, the City of Troy throughout its history has been a refuge for displaced peoples from across the globe; and WHEREAS, the City of Troy like the Indigenous Peoples who first inhabited these lands recognizes that it has a responsibility for environmental stewardship not only in furtherance of public health and safety, but also in order to flourish as a community; and WHEREAS, the City of Troy desires to honor the Indigenous Peoples who first settled these lands, and to follow their example. NOW, THEREFORE, BE IT RESOLVED, that the second Monday of October shall also be known as Indigenous Peoples’ Day in the City of Troy, to honor Indigenous Peoples; and BE IT FURTHER RESOLVED, that in honor of the 1676 planting of the Witenagemot Oak Peace Tree and in furtherance of the values and meaning originally ascribed to it, the City shall plant a white oak tree in a prominent location in Troy as a symbol of the City’s commitments to maintain peaceful and respectful relations among neighbors, to welcome the displaced of humanity among us, and to fulfill our shared responsibility for the environmental stewardship of these shared homelands, that all may fluorish. Approved as to form, ________________________, 2021 Richard T. Morrissey, Corporation Counsel