City Council

TROY CITY COUNCIL FINANCE MEETING AGENDA SEPTEMBER 8TH 2022 6:00 P.M. Pledge of Allegiance Roll Call Presentation of Agenda Comptroller’s Second Quarter Review Public Forum ORDINANCES 41.Ordinance Approving Settlement Of Tax Certiorari Proceedings Instituted By Keybank National Association On The Assessment Roll Of The City Of Troy (Council Member Steele) (At The Request Of The Administration) RESOLUTIONS 102. Resolution Confirming An Appointment To The Troy Industrial Development Authority (Council President Mantello) (At The Request Of The Administration) 103. Resolution Appointing A Commissioner Of Deeds For The City Of Troy (Council President Mantello, Council Member Steele) 104. Resolution Authorizing Expanding The Scope Of The Fire Station #6 Rehabilitation Project And The Additional Expenditure Therefor (Council President Mantello, Council Member Steele) (At The Request Of The Administration) 105. Resolution Authorizing The Mayor To Execute A Contract With Special Event Promotions LLC For The Management Of The Annual Troy Turkey Trot (Council President Mantello) (At The Request Of The Administration) 1  ORD41 ORDINANCE APPROVING SETTLEMENT OF TAX CERTIORARI PROCEEDINGS INSTITUTED BY KEYBANK NATIONAL ASSOCIATION ON THE ASSESSMENT ROLL OF THE CITY OF TROY The City of Troy, in City Council convened, ordains as follows: Section 1. The Corporation Counsel of the City of Troy is hereby authorized to compromise and settle the tax certiorari proceeding instituted by the following taxpayer as provided in a certain Stipulation on file in the Office of the Corporation Counsel: PROPERTY OWNER PARCEL NO. ADDRESS Keybank National Association 80.32-3-1 812 Second Avenue 80.32-3-15 810 Second Avenue Section 2. The Corporation Counsel of the City of Troy is hereby authorized to execute the Stipulation necessary for the settlement of the proceeding, and the Order based on the Stipulation shall authorize the City Treasurer of the City of Troy to revise the 2022 assessment roll to reflect the stipulated changes. Section 3. Upon receipt by the City Treasurer and the City Comptroller of the executed Stipulations and Orders, the tax rolls shall be adjusted accordingly, and the necessary refunds will be made to the property owner, if applicable. Section 4. This Ordinance shall take effect immediately. Approved as to form, ____________________, 2022 __________________________________________ Richard T. Morrissey, Corporation Counsel  ORD41 MEMORANDUM IN SUPPORT TAXPAYER: Keybank National Association PROPERTY 812 Second Ave., Parcel No. 80.32-3-1 810 Second Ave., Parcel No. 80.32-3-15 ATTORNEY: Robert L. Jacobson, Esq., Rochester The property is a 2,976 square foot wood frame owner-occupied bank branch built in 1976. It is a lower quality branch compared to most bank branches. The property is currently assessed at $940,000, which is an indicated market value of $1,112,426 based upon the 2021 equalization rate of 84.5 percent. The 2022 assessed value of $940,000 indicates a market value of $1,236,842. Key Bank has also challenged the assessed value of the parking lot at 810 Second Avenue, which has an assessed value of $6,500. Key Bank has challenged its 2021 and 2022 assessments. Under the terms of the settlement, the 2021 proceeding would be discontinued without revision or refund and the 2022 assessed value of the subject property would be reduced from $940,000 to $532,000. Based upon the 2022 equalization rate, the indicated market value of the subject property would then be $700,000. The proceedings would be discontinued as to the parking lot. In reviewing this proposal, the Assessor and Law Department have reviewed an array of sales in Troy and the Capital District that range between $54 per square foot and $395 per square foot. The proposed settlement would set the indicated market value of the subject property at $235 per square foot. Based upon the age, condition and quality of the subject property, the Assessor and Law Department believe that this settlement value is a fair indicator of the property's market value and consistent with other branch bank assessments in the City. The settlement proposal would save the expenses of a trial ready appraisal report and the time and expense of a trial. There would be no refund impact to the City, as the 2021 proceeding would be discontinued, and the 2022 assessment is the basis for the 2023 City and County property tax bill. The following table sets forth the tax impact of the settlement: Revised City of Assessed Assessed Total Tax Troy Tax Year Parcel Address Value Value Reduction Impact Impact 2021 80.32-3-1 812 Second Ave $940,000 $940,000 $0 $- $ - 2021 80.32-3-15 810 Second Ave $6,500 $6,500 $0 $ - $ - 2022 80.32-3-1 812 Second Ave $940,000 $532,000 $408,000 $18,698.64 $6,071.04 2022 80.32-3-15 810 Second Ave $6,500 $6,500 $0 $- $- The settlement would be subject to the statutory three-year “freeze,” with the new assessment remaining unchanged on the 2023, 2024 and 2025 assessment  ORD41 rolls. Under the terms of the settlement, the City also would waive the provision that allows the assessment to be changed due to a revaluation or update during that period.  RES102 RESOLUTION CONFIRMING AN APPOINTMENT TO THE TROY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, pursuant to Article 8, Title 11, Section 1952 of the Public Authorities Law of the State of New York, the Troy Industrial Development Authority (“Troy IDA”) consists of a Chairperson and eight other members, all of whom are appointed by the Mayor of the City for a term of three years, subject to confirmation by the City Council; and WHEREAS, the governing board of the Troy IDA must include two members of the Troy City Council, one representative of the school board, and one representative from each of the fields of business, industry, and labor; and WHEREAS, a vacancy exists on the Troy IDA by virtue of the resignation of Richard Nolan who represented Business. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Troy hereby confirms the appointment to the Troy IDA of Jeff Betts as a representative of Business for a term commencing on October 1, 2022, and ending on September 30, 2025. Approved as to form, ____________________, 2022 _____________________________________ Richard T. Morrissey, Corporation Counsel  RES102 WM. Patrick Madden Steven Strichman Mayor Commissioner of Planning & Economic Development Christopher Nolin Deputy Mayor Department of Phone: (518) 279-7166 Planning & Economic Development Fax: (518) 268-1690 Steven.Strichman@troyny.gov City Hall 433 River Street Troy, New York 12180 To: City Council From: Steven Strichman Date: September 1, 2022 Re: IDA Appointment The Mayor has forwarded to the City Council the approval of one candidate to serve on the Troy Industrial Development Authority Board. New York State Public Authority Law Article 8, Title 11, Section 1952, regarding the Troy IDA board, states that: Its members shall consist of a chair and eight other members, all of whom shall be appointed by the mayor of the city for a term of three years, and shall include two members of the common council of the city, one representative of the city school board, and one representative from each of the fields of business, industry and labor. Jeff Betts is a resident of Lansingburgh and a Partner of Sash & Frame an installer of high-end windows and doors. Mr. Betts is an RPI graduate who is very knowledgeable about city projects, the IDA and the LDC and I feel he would be a great fit on the IDA Board.  RES102 Case Window and Door Director, Sales and Marketing December 2017 - June 2020 (2 years 7 months) Green Island, NY Sales at Case Window and Door involved confidently communicating the material considerations and production process across an array of systems for high-end, high-performance fenestration. Typically the sales process was a 6+ months working alongside builders, architects and owners to create some of the most prestigious, resort-like homes in existence. Our projects were all over the US and Caribbean presenting climate extremes for both the product and logistics. During my time at Case I have had the pleasure of having two third-generation fenestration experts act as mentors, as well as working next to some of the most talented folks in the architectural manufacturing field, all helped impart an intense knowledge of glazing, installation, and fenestration processes. I enjoyed working with members of the School of Architecture at RPI bringing in students on tours and showing them the effort and process that goes into manufacturing fenestration systems. Ecovative Design 6 years 3 months Chief Evangelist (Sales & Marketing Lead) August 2016 - November 2017 (1 year 4 months) Green Island, NY Voice of the company’s mission, articulated the technology’s “why” to customers and markets • Refocused company branding in a concise, transparent story for architecture, design, and education markets • Trained restructured sales team in current product offerings, new markets, and strategic marketing • Oversaw research and managed external consultants on marketing, social media, and website re-design • Coupled brand awareness in biomaterials and A&D market with knowledge of manufacturing and process constraints to create new B2C product lines with the goal of generating new sales revenue • Presented at public events, up to 100 people, to engage with target customers and build new sales channels • Published internal and external newsletters to broadcast sales & marketing updates to team • Managed social media accounts ensuring consistent brand messaging Page 2 of 5  RES102 Product Manager, Biomaterial Kits September 2015 - November 2017 (2 years 3 months) Green Island, NY Lead Grow-It-Yourself products, our spin on DIY consumer product kit for designers, educators, and students • Worked on winning proposal for Buckminster Fuller Institute Challenge, which funded this product development • Partnered with consumer facing distributors & retailers to commercialize a consumer-friendly version of this complex material science • Led R&D and Marketing in executing user facing instructions, how-to video, and community support blog • Organized fulfillment process across customer service, production, and accounting departments • Built relationships with teachers, non-profits, and strategic partners to drive initial sales and solicit customers • Worked on development of custom equipment and process steps which increased manufacturing output • Hosted off-site workshops in classrooms and with private companies and organizations to gain user feedback Product Development Lead May 2013 - August 2016 (3 years 4 months) Green Island, NY Led the vision of design, manufacturing, and business development at a bio- materials company scaling sustainable material alternatives in engineered wood, furniture, and consumer products. • Vetted many product applications and prototyped dozens of concepts to fit scalable manufacturing models • Coordinated project resources for technically diverse and constantly evolving material applications • Built physical prototypes of new products and supporting manufacturing systems with technically diverse team • Co-patented three unique material manufacturing solutions for new product platforms • Worked on early stage development of new biobased material platforms • Conducted design research for clients and partners to discover new product collaboration opportunities • Extensive CAD design and CNC programming & operation for prototyping and manufacturing processes Page 3 of 5  RES102 Prorotype Lab Coordinator May 2012 - May 2013 (1 year 1 month) Green Island, NY Fabrication lab setup and lead for prototyping and production purposes, co- created the first internal product design team • Brought thermoforming process, including CNC machining tooling, in house to expedite production • Set up training program for employees on equipment and managed shop access Research & Development Intern – Material Testing & Prototyping September 2011 - May 2012 (9 months) Green Island, NY • Material Testing intern for packaging, automotive and insulation biomaterial composites • Support with physical prototypes as intern for sales and R&D teams Rensselaer Polytechnic Institute Architecture Fabrication Shop Assistant, TA August 2008 - May 2012 (3 years 10 months) School of Architecture When applying to university Architecture programs, one aspect that stood out the most were the fabrication shops at the undergraduate levels, particularly RPI. Upon starting, we moved the fabrication shop to a new location and installed new systems and equipment. This experience is where I can say my interest in CNC fabrication was generated. By helping students with their projects I gained experience as both a teacher and student, and had to be open to novel ideas from design students with little to no experience around fabrication equipment. The position taught me patience and respect in that regard, as well as satisfaction in seeing projects completed and teaching students new skills. Page 4 of 5  RES102 Digifabshop Fabrication & Design Intern May 2011 - August 2011 (4 months) Hudson, NY During my time at Digifabshop I experienced first hand the involvement from conceptual ideas brought in by clients to the final shipment work for installation. Through this opportunity I gained experience in bringing conceptual drawings through to shop engineering drawings, working with tight and precise delivery schedules, finish coating with advanced woodworking equipment, exhibition design & fabrication, restaraunt and interior design & fabrication, fine art finishing & fabrication, and teamwork on projects requiring each member to carry the same skillsets to finish a job. This opportunity also allowed my experience with general and advanced woodworking equipment including CNC routers, lasers, spray & hand finishing, edge banding, lamination, carpentry, and sanding. [update] After completing the internship and working for Ecovative, I have continued a relationship with Digifabshop working on projects involving mushroom materials including tables for the pop-up restaurant 'wastED' in NYC, and continue working on Digifabshop + Ecovative collaborations. Education Rensselaer Polytechnic Institute Bachelor of Architecture (B.Arch.), Architecture · (2007 - 2012) Tongji University Architecture · (2010) Study Abroad Program McIntosh High School (2003 - 2007) Page 5 of 5  RES103 RESOLUTION APPOINTING A COMMISSIONER OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the Troy City Council hereby appoints the following individual, identified in the application attached hereto and made a part hereof, as Commissioner of Deeds for the City of Troy, for a two-year term beginning on September 9, 2022, and ending on September 8, 2024. Phyllis Raymond 17 Viewpointe Drive Troy, NY 12182 Approved as to form, ________________________, 2022 ______________________________________________ Richard T. Morrissey, Corporation Counsel RES103  RES104 RESOLUTION AUTHORIZING EXPANDING THE SCOPE OF THE FIRE STATION #6 REHABILITATION PROJECT AND THE ADDITIONAL EXPENDITURE THEREFOR ______________________________________________________________________________ WHEREAS, Troy Fire Station 6, at Canal and Third, is a historic municipal building that - due to the age of the building and chronic water infiltration into the basement - stands in critical need of extensive structural repairs and replacement of its deteriorating concrete floors and corroded steel supports; and WHEREAS, the City previously requested bids for the Troy Fire Station #6 Foundation and Floor Repair Project (RFB #22-0009), and awarded the contract to the lowest responsible bidder, CD Perry, for its bid in the amount of $518,192.03; and WHEREAS, CD Perry commenced work to replace the existing concrete apparatus floor and the steel which supports the apparatus floor approximately 4 weeks ago; and WHEREAS, CD Perry discovered during the initial phases of the project that new footings would be required to sustain the apparatus floor steel supports and that the entire foundation was in a far worse condition than originally thought; and WHEREAS, to address the Fire Station’s structural problems and ensure its future longevity, the City Engineer and the contractor recommend that a new, properly drained, concrete foundation and basement floor be poured and constructed within the existing original stone foundation, both to stabilize and support the station and to control water infiltration into the basement; and WHEREAS, the expanded scope of work is substantial, expensive, and necessary, costing an estimated $232,627.87 more than the original bid, with most of the increase being attributable to the additional concrete work; and WHEREAS, no new appropriation is required to fund the expanded scope of work as there are sufficient funds in the Capital Projects budget to complete both the original scope and the expanded scope. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve the expanded scope of work for the Station #6 Foundation and Floor Repair Project; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City of Troy to pay all of the costs of construction with funds previously appropriated to the Capital Projects budget; and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. Approved as to form ____________________, 2022 Richard T. Morrissey, Corporation Counsel 1 RES104 RES104 RES104 RES104  RES105 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SPECIAL EVENT PROMOTIONS LLC FOR THE MANAGEMENT OF THE ANNUAL TROY TURKEY TROT WHEREAS, the annual Troy Turkey Trot will be held this year on Thanksgiving Day, November 24, 2022; and WHEREAS, the City solicited proposals from qualified vendors to provide management services for the Troy Turkey Trot 5k and 10k road races and the Grade School 1 mile; and WHEREAS, Special Event Promotions LLC submitted a proposal to manage the Troy Turkey Trot events, its marketing, media, promotions, and sponsorship program; and WHEREAS, Special Event Promotions LLC has long and substantial experience managing road race events and particular experience in managing the Troy Turkey Trot, and is the best qualified vendor to conduct the race for the City. 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, subject to review and approval by Corporation Counsel, and inclusion of such terms, conditions, and provisions as Corporation Counsel may require for the protection of the City and the public. Approved as to form, ___________________, 2022 ______________________________________ Richard T. Morrissey, Corporation Counsel  RES105 CITY OF TROY, NEW YORK REQUEST FOR PROPOSAL (RFP) PROFESSIONAL SERVICES FOR THE ADMINISTRATION OF THE TROY TURKEY TROT ROAD RACE Proposal Due Date: at 4:00PM Thursday, August 11, 2022 Please Submit Proposal To: Nancy Piskutz Acting Purchasing Agent Office of the City Comptroller Bureau of Contracts & Procurement City Hall 433 River Street – Suite 5001 Troy, New York 12180  RES105 CITY OF TROY, NEW YORK OFFICE OF THE CITY COMPTROLLER BUREAU OF CONTRACTS & PROCUREMENT CITY HALL 433 River Street, Suite 5001 TROY, NEW YORK 12180 (518) 279-7104 (518) 268-1682 FAX PROPOSAL NAME: Professional Services for the Administration of the Troy Turkey Trot Road Race PROPOSAL OPEN DATE: August 11, 2022 TIME: 4:00 PM EST NOTICE LEGAL PUBLICATIONS FOR BIDS OR PROPOSALS – 2022 PLEASE BE ADVISED THAT FOR THE YEAR 2022 THE CITY OF TROY, NEW YORK, BUREAU OF CONTRACTS & PROCUREMENT WILL PUBLISH ALL PUBLIC BIDS AND PROPOSALS IN THE FOLLOWING: THE RECORD EMPIRE STATE PURCHASING GROUP (www.bidnetdirect.com/new-york) IT IS THE RESPONSIBILITY OF THE PROSPECTIVE PROPOSERS TO READ THESE PUBLICATIONS AND CONTACT THE CITY OF TROY, NEW YORK, BUREAU OF CONTRACTS & PROCUREMENT IF THEY WISH TO RECEIVE A PROPOSAL DOCUMENT. CITY OF TROY, NEW YORK OFFICE OF THE CITY COMPTROLLER BUREAU OF CONTRACTS & PROCUREMENT CITY HALL 433 RIVER STREET, SUITE 5001 TROY, NEW YORK 12180 (518) 279-7104 (518) 268-1682 FAX ****THIS IS A REQUEST FOR PROPOSALS*****  RES105 REQUEST FOR PROPOSAL AND NOTICE TO PROPOSERS DATE: July 18, 2022 FROM: Selena Skiba, City Treasurer NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT FOR THE FOLLOWING: PROPOSAL NAME: Professional Services for the Administration of the Troy Turkey Trot Road Race DATE OF OPENING: August 11, 2022 TIME OF OPENING: 4:00 PM EST CONTACT PERSONS: Bureau of Contracts & Procurement, Nancy Piskutz (518) 279-7104 purchasing@troyny.gov SUBMISSIONS: PROVIDE ONE (1) ORIGINAL AND FOUR (4) COPIES HARD COPIES OF YOUR PROPOSAL IF PROPOSAL ARE MAILED IN A SEALED ENVELOPE. PLEASE PRINT ON THE OUTSIDE ENVELOPE: 1) NAME & ADDRESS OF PROPOSER 2) PROPOSAL NAME Subject to the right of the City of Troy to reject any and all proposals. o  RES105 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 annually. 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 24, 2022. 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, 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.  RES105 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 2022 Event budget will reimburse the City $15,000.00 for personnel services related to work done by the following departments: DPW, Recreation, Police, and Fire/EMS, and each subsequent year’s Event Budget shall reimburse $20,000 to the City of Troy. • 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.  RES105 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 the option to extend the contract up to four (4) years. 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 of the contract. Insurance Contractor shall procure and maintain insurance for protection from all claims arising out of Contractor’s services, work, operations, and activities. Contractor must have adequate insurance coverage for all claims arising out of or in consequence of the acts and omissions of the Contractor, or any subcontractor of the Contractor, including but not limited to claims for damages for death, bodily injury, or property damage, of any kind or nature. The City of Troy (including its officers, agents, and employees) shall be named Additional Insured on Contractor’s policies of insurance. There shall be no material undisclosed policy exclusions or exceptions on the required insurance coverages. Contractor 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. b. Contractor shall require that its subcontractors carry insurance with the same limits and provisions as provided herein. Contractor will  RES105 maintain certificates of insurance for all subcontractors as part of the Contractor’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. (If applicable) 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 with minimum coverage limit of Five Million Dollars ($5,000,000). 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) shall be named Additional Insured 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 Insured shall be held harmless and indemnified from any and all claims arising out of or in consequence of the Contractor’s services, work, operations, or activities under this Agreement or in any way arising out of or in consequence of the Contractor’s acts or omissions. 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 Contractor, there shall be no right of subrogation against the City of Troy, its officers, agents, or employees. If any of Contractor’s policies of insurance prohibit such a waiver of subrogation, Contractor shall secure the necessary authorization from its insurance carrier to make this waiver effective.  RES105 4. Waiver of Indemnities. The Contractor waives any right of action it and/or its insurance carrier might have against the City of Troy (including its officers, agents, or employees) 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 services, work, operations, or activities shall be commenced under this Agreement until the Contractor 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 the insurance policies shall be or become unsatisfactory to the City, Contractor shall promptly obtain a satisfactory policy and submit proof of the same to the City for approval. Upon failure of Contractor 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 Contractor to procure and maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning defense and indemnification. In the event that any part of the services, work, operations, or activities described in this Agreement is performed by an approved subcontractor of the Contractor, 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. Contractor 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 performance.  RES105 The carrying of insurance as required by this Agreement shall in no way relieve the Contractor, or its subcontractors, 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. 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. Each and every Contractor (as used in this paragraph the term “Contractor” shall include any and all of Contractor’s subcontractors), who shall agree to perform services, work, operations, or activities under this Agreement, or any part of it, shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, 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 the services, work, operations, or activities performed by the Contractor or any agent, servant, employee, subcontractor, consultant, or supplier of the Contractor, or of any failure to perform this Agreement, or in any way arising out of or in consequence of the Contractor’s acts or omissions, all to the fullest extent allowed by law. Contractor shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, 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 the Contractor’s services, work, operations, or activities under this Agreement, or any failure to perform this Agreement, or in any way arising out of or in consequence of the Contractor’s acts or omissions, all to the fullest extent allowed by law. Contractor shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, from and against any and all claims for injuries to the Contractor’s employees or the employees of any agent, servant, consultant, or subcontractor of Contractor, and any and all claims made by any person or entity (including without limitation all officers, employees, agents, contractors, subcontractors, consultants, suppliers, guests, invitees, uninvited persons, survivors, representatives, and distributees), arising out of or in consequence of Contractor’s services, work, operations, or activities or omissions on property owned by the City of Troy, 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  RES105 which Section 5-322.1 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. Termination with Cause The City of Troy reserves the right to terminate this contract at any time for cause. The violation of any provision or condition contained in this contract, or the refusal, failure, or inability to carry out any provisions of this contract shall constitute sufficient grounds to terminate this contract for cause. Should The City of Troy elect to terminate this contract for cause, The City of Troy will notify the Contractor 10 days prior to the termination date and shall specify the cause for termination as well as the date the termination shall be effective. This termination notice will be issued via a written letter sent by certified U.S. mail. Immediate dismissals may be executed if deemed necessary by The City of Troy. Termination without Cause The City of Troy may terminate this contract without cause. Written notice of termination must be sent via certified U.S. mail no later than thirty (10) days prior to the termination date Non Collusive Statement The submission of this statement certifies that the prices in this proposal have been arrived at independently without collusion, consultation, communication, or arrangement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer with any competitor. Right to Reject The City of Troy reserves the right to reject any and all proposals, to waive any informalities and technical irregularities in the proposals received, or to accept any proposal deemed to be for the best interest of the City of Troy. Conflict of Interest No director, officer, employee, agent, contractor, or subcontractor of the contractor shall deem to be an agent, servant and/or employee of the City. The contractor shall not employ as a director, officer, employee, agent, contractor, or subcontractor, directly or indirectly in any capacity, any elected or appointed official of the City, and the two school districts, or any member of their immediate family. The contractor agrees that it will require all its directors, officers, employees, agents, contractors, or subcontractors, to be bound and adhere to the Code of Ethics of the City (if interested, copies of the Code of Ethics may be obtained from the City’s Corporation’s  RES105 Office). The contractor further agrees that it will require all of its employees to comply with all applicable laws relating to this agreement, or the performance thereof, and that the refusal to supply such evidence and/or testimony shall be the cause for immediate termination of this agreement by the City. Non-Discrimination Policy In accordance with Article 15 of N.Y. Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor agrees that neither it nor any of its subcontractors shall, by reason of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Submission of Proposal Please submit one (1) original and four (4) copies of your sealed proposal no later than 4:00 PM on Thursday, August 11, 2022. 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 Acting Purchasing Agent 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 August 2, 2022 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 Acting Purchasing Agent 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: purchasing@troyny.gov  RES105 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 __________________, 2022. By: ____________________________________ Title: __________________________________ (SEAL) The above form must be completed if the Bidder is a Corporation.  RES105 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  RES105 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 ____________, 2022 ______________________________  RES105 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 - ___________________________________________________  RES105 Troy Turkey Trot Management Agreement This Management Services Agreement (the “Contract”) is entered into this _____ day of September, 2022 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, including its events, marketing, media, promotions and sponsorship program; and WHEREAS, the Company has agreed to manage the Troy Turkey Trot for 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 the option to extend the contract up to four additional one (1) year terms. The authority to initiate 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. Article I 1. Pre-race: a. Budget: The Company will outline, prepare, implement, and adhere to an Event budget approved in advance by Event Owner. 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 the 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, securing, contracting, managing, and fulfilling all new sponsorship agreements for the Event. 1  RES105 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. 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. g. Volunteer Recruitment: The Company will manage the Event volunteer program tied to the Event’s needs for volunteer services. The program, which will be designed to recruit the necessary volunteers needed each year, will target past participating non-profits, as well as Troy civic and neighborhood groups. 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 to adhere to City guidelines (Exhibit B) for procurement of 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 of the operational support provided by the Event Owner, the Company shall budget and reimburse the Event Owner fifteen thousand dollars ($15,000.00) for the 2022 Event, and in each subsequent extension year(s), the Company shall budget and reimburse the Event Owner twenty thousand dollars ($20,000.00). 6. Surplus/Deficit: Notwithstanding anything to the contrary in the contract documents, any surplus or deficit shall be distributed, adjusted, or otherwise disposed as the Event Owner deems necessary and appropriate after giving due consideration to the Company’s proposal for disposition. 2  RES105 7. 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: 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 8. 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, Venue, Severability: This Agreement shall be governed by the law of the State of New York. Venue shall only be proper in Rensselaer County Supreme Court. 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 others, 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. Indemnity: Company shall defend, indemnify, and hold the City of Troy harmless from and against any and all claims and liability, including without limitation all expenses of litigation and reasonable attorney’s fees, arising in any way out of or in consequence of the Company’s negligence or other wrongful acts or omissions, to the maximum extent allowed by law. f. Insurance: The Company shall procure and maintain at its 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. i. Commercial general liability and contractual liability on an occurrence basis with the following limits of coverage: bodily injury, property damage and personal injury, 3  RES105 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 shall be named additional insured on a primary and non- contributory basis with a waiver of subrogation in favor of the City. 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 its 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 to be effective 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