City Council

TROY CITY COUNCIL FINANCE MEETING AGENDA September 21st, 2023 6:00 P.M. Pledge of Allegiance Roll Call Presentation of Agenda Public Forum ORDINANCES 67. Ordinance Amending The General Fund, Garbage Fund, And Special Grants Fund Budgets (Council President Mantello) (At The Request Of The Administration) 68. Ordinance Amending The Miscellaneous Special Revenue Fund And General Fund Budgets To Accept Funds From The United States Department Of Homeland Security For The Purpose Of Purchasing Equipment For The Fire Department (Council President Mantello) (At The Request Of The Administration) 69. Ordinance Amending The General Fund Budget To Appropriate Funding From The City’s Federal Forfeitures For The Purpose Of Purchasing A Safety Rescue Vehicle (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 93. Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President Mantello) 1  ORD67 ORDINANCE AMENDING THE GENERAL FUND, GARBAGE FUND, AND SPECIAL GRANTS FUND BUDGETS The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2023 budget is herein amended as set forth in Schedule A entitled: 2023 Budget Amendment(s) – October 2023 City Council Meeting which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form, ____________________, 2023 Richard T. Morrissey, Corporation Counsel  ORD67 WM. Patrick Madden Andrew Piotrowski Mayor City Comptroller Chris Nolin Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: September 13, 2023 To: Troy City Council From: Andrew Piotrowski, City Comptroller Re: 2023 Budget Amendment(s) – October 2023 City Council Meeting The reasons below are specific to the items as referenced on Schedule A as justification for the budget amendment(s). 1. Funding to provide additional funding to various accounts within General Services based on current year spending and expectations for the remainder of the fiscal year. 2. Transfers within the Fire Department to provide additional money for vehicle parts and repairs. 3. Transferring of funding within the Garbage Fund departments to recognize the actual expenditures. 4. The appropriation of revenue and expenditures for the 2023-24 allocations in the CDBG, ESG, and HOME programs. 5. A transfer to within prior year ESG accounts to align with actual program expenditures.  Schedule A ORD67 2023 Budget Amendment(s) – October 2023 City Council Meeting Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget General Fund Expenditures Garage A.1640.0304.0058.0000 Vehicle Expenses - Repairs 90,000.00 40,000.00 130,000.00 1 BIS A.1680.0401.0047.0000 Telecommunications 3,000.00 2,000.00 5,000.00 1 Facilities A.1620.0404.0068.0000 Repairs - Equipment 43,000.00 5,000.00 48,000.00 1 Facilities A.1620.0303.0000.0000 Other Material & Supplies 55,000.00 (5,000.00) 50,000.00 1 Streets A.5110.0401.0074.0000 Utilities - Streetlights 800,000.00 (20,000.00) 780,000.00 1 Ice Rinks A.7140.0401.0054.0000 Utilities - Gas & Electric 60,000.00 (22,000.00) 38,000.00 Fire A.3410.0410.0000.0000 Training 147,465.00 (40,000.00) 107,465.00 2 Fire A.3410.0304.0057.0000 Vehicle Expenses - Parts 60,000.00 40,000.00 100,000.00 2 Fire A.3410.0203.0000.0000 Other Equipment 118,000.00 (40,000.00) 78,000.00 2 Fire A.3410.0304.0058.0000 Vehicle Expenses - Repairs 155,000.00 40,000.00 195,000.00 2 Total General Fund Budget Expenditure Increase 0.00 Net Impact On General Fund 0.00 Garbage Fund Expenditures Bulk Pickup CL.8175.0402.0000.0000 Postage 4,500.00 2,500.00 7,000.00 3 Municipal Pickup CL.8160.0402.0000.0000 Postage 7,550.00 (2,500.00) 5,050.00 3 Total Garbage Fund Budget Expenditure Increase 0.00 Net Impact On Garbage Fund 0.00  Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget Special Grants Fund Revenues CDBG CD.8000.4910.2000.2023 Federal Aid 0.00 1,716,668.00 1,716,668.00 4 ESG CD.8000.4910.4000.2023 Federal Aid 0.00 151,008.00 151,008.00 4 HOME CD.8000.4910.5000.2023 Federal Aid 0.00 497,412.40 497,412.40 4 Total Special Grants Fund Budget Expenditure Increase 2,365,088.40 Expenditures ESG CD.2019.0400.4000.4136 Homeless Prevention 450,881.42 5,000.00 455,881.42 4 ESG CD.2019.0400.4000.4137 Emergency Shelter 461,308.23 (5,000.00) 456,308.23 4 CDBG CD.2023.0400.2000.2901 Admin 0.00 325,000.00 325,000.00 4 CDBG CD.2023.0400.2000.2908 Code Enforcement 0.00 225,000.00 225,000.00 4 CDBG CD.2023.0400.2000.3021 Lansingburgh Target Area 0.00 1,116,668.00 1,116,668.00 4 CDBG CD.2023.0400.2000.3023 Recreation 0.00 50,000.00 50,000.00 4 ESG CD.2023.0400.4000.4131 Homeless Prevention 0.00 38,221.55 38,221.55 4 ESG CD.2023.0400.4000.4132 Homeless Shelter 0.00 79,412.42 79,412.42 4 ESG CD.2023.0400.4000.4133 Rapid Rehousing 0.00 12,048.43 12,048.43 4 ESG CD.2023.0400.4000.4134 Mgt Info System 0.00 10,000.00 10,000.00 4 ESG CD.2023.0400.4000.4135 Admin 0.00 11,325.60 11,325.60 4 HOME CD.2023.0400.5000.5170 Admin 0.00 15,000.00 15,000.00 5 HOME CD.2023.0400.5000.5175 HIP 0.00 150,000.00 150,000.00 5 HOME CD.2023.0400.5000.5179 CDDO 0.00 332,412.40 332,412.40 5 Total Special Grants Fund Budget Expenditure Increase 2,365,088.40 Net Impact On Special Grants Fund 0.00 * Or as previously amended  ORD68 ORDINANCE AMENDING THE MISCELLAENOUS SPECIAL REVENUE FUND AND GENERAL FUND BUDGETS TO ACCEPT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE FIRE DEPARTMENT The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2023 budget is herein amended as set forth in Schedule A entitled: 2023 Budget Amendments – AFG Grant which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form, _____________________, 2023 Richard T. Morrissey, Corporation Counsel  ORD68 WM. Patrick Madden Andrew Piotrowski Mayor City Comptroller Chris Nolin Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: September 14, 2023 To: Troy City Council From: Andrew Piotrowski, City Comptroller Re: 2023 Budget Amendment(s) – AFG Grant This Ordinance amends the Miscellaneous Special Revenue Fund and General Fund budgets and accepts the AFG grant awarded to the City by the United States Department of Homeland Security in the amount of $128,590.90. The local match of the grant, totaling $12,859.10, was appropriated in the 2023 budget and is being transferred from the General Fund to the Miscellaneous Special Revenue Fund as part of this legislation. The purpose of the grant is to purchase new helmets, washers, and dryers for the department.  Schedule A ORD68 2023 Budget Amendment(s) – AFG Grant Original Change Revised Department Account No. Description Budget* (+/-) Budget Miscellaneous Special Revenue Fund Revenues AFG Grant CM.2022.5031.3410.0002 Interfund Transfers 0.00 12,859.10 12,859.10 AFG Grant CM.2022.4089.3410.0002 Federal Aid 702,545.45 128,590.90 831,136.35 Total Miscellaneous Special Revenue Fund Revenue Increase 141,450.00 Expenditures AFG Grant CM.2022.0200.3410.0002 Equipment & Capital Outlay 0.00 141,450.00 141,450.00 Total Miscellaneous Special Revenue Fund Budget Expenditure Increase 141,450.00 Net Impact On Miscellaneous Special Revenue Fund 0.00 General Fund Expenditures Fire A.3410.0203.0000.0000 Other Equipment 118,000.00 (12,859.10) 105,140.90 Interfund Transfers A.9950.0908.0000.0000 Miscellaneous Special Revenue 0.00 12,859.10 12,859.10 Total General Fund Budget Expenditure Increase 0.00 Net Impact On General Fund 0.00 * Or as previously amended  ORD68 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Effective date: 05/25/2023 KEVIN KILGALLON CITY OF TROY 433 RIVER ST SUITE 5001 TROY, NY 12180 EMW-2022-FG-04228 Dear KEVIN KILGALLON, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2022 Assistance to Firefighters Grant (AFG) Grant funding opportunity has been approved in the amount of $128,590.90 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $12,859.10 for a total approved budget of $141,450.00. Please see the FY 2022 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: Summary Award Memo - included in this document Agreement Articles - included in this document Obligating Document - included in this document 2022 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, PAMELA WILLIAMS Assistant Administrator, Grant Programs  ORD68 Summary Award Memo Program: Fiscal Year 2022 Assistance to Firefighters Grant Recipient: CITY OF TROY UEI-EFT: PQLGG16L7MS8 DUNS number: 086955077 Award number: EMW-2022-FG-04228 Summary description of award The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2022 Assistance to Firefighters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):  ORD68 Object Class Total Personnel $0.00 Fringe benefits $0.00 Travel $0.00 Equipment $141,450.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect charges $0.00 Federal $128,590.90 Non-federal $12,859.10 Total $141,450.00 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2022 AFG NOFO. Approved request details: Personal Protective Equipment (PPE)  ORD68 Helmets DESCRIPTION CAIRNS 1044 TRADITIONAL HELMET WITH NFPA DEFENDER VISOR QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 120 $412.00 $49,440.00 Equipment CHANGE FROM APPLICATION Unit price from $469.00 to $412.00 JUSTIFICATION This reduction is because the cost you requested for helmets exceeds the average price range calculated from market research and prior awards for the same item. Equipment PPE Washer/Extractor/Dryer DESCRIPTION CONTINENTAL WASHER-EXTRACTOR WITH AUTOMATIC DETERGENT DISPENSER (INCLUDES DELIVERY & INSTALL) QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 3 $16,686.00 $50,058.00 Equipment CHANGE FROM APPLICATION Unit price from $17,030.00 to $16,686.00 JUSTIFICATION This reduction is because the cost you requested for washer/extractor exceeds the average price range calculated from market research and prior awards for the same item.  ORD68 PPE Washer/Extractor/Dryer DESCRIPTION CONTINENTAL - SIX UNIT 'STICK MAN' DRYER (INCLUDES SET UP AND DELIVERY) QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 3 $13,984.00 $41,952.00 Equipment  ORD68 Agreement Articles Program: Fiscal Year 2022 Assistance to Firefighters Grant Recipient: CITY OF TROY UEI-EFT: PQLGG16L7MS8 DUNS number: 086955077 Award number: EMW-2022-FG-04228 Table of contents  ORD68 ArticleAssurances, Administrative Requirements, Cost Principles, Representations and 1 Certifications ArticleGeneral Acknowledgements and Assurances 2 ArticleAcknowledgement of Federal Funding from DHS 3 ArticleActivities Conducted Abroad 4 ArticleAge Discrimination Act of 1975 5 ArticleAmericans with Disabilities Act of 1990 6 ArticleBest Practices for Collection and Use of Personally Identifiable Information 7 ArticleCivil Rights Act of 1964 – Title VI 8 ArticleCivil Rights Act of 1968 9 ArticleCopyright 10 ArticleDebarment and Suspension 11 ArticleDrug-Free Workplace Regulations 12 ArticleDuplication of Benefits 13 ArticleEducation Amendments of 1972 (Equal Opportunity in Education Act) – Title IX 14 ArticleE.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice 15 Practices to Enhance Public Trust and Public Safety ArticleEnergy Policy and Conservation Act 16 ArticleFalse Claims Act and Program Fraud Civil Remedies 17 ArticleFederal Debt Status 18 ArticleFederal Leadership on Reducing Text Messaging while Driving 19 ArticleFly America Act of 1974 20 ArticleHotel and Motel Fire Safety Act of 1990 21 ArticleJohn S. McCain National Defense Authorization Act of Fiscal Year 2019 22 ArticleLimited English Proficiency (Civil Rights Act of 1964, Title VI) 23 ArticleLobbying Prohibitions 24 ArticleNational Environmental Policy Act 25  ORD68 ArticleNondiscrimination in Matters Pertaining to Faith-Based Organizations 26 ArticleNon-Supplanting Requirement 27 ArticleNotice of Funding Opportunity Requirements 28 ArticlePatents and Intellectual Property Rights 29 ArticleProcurement of Recovered Materials 30 ArticleRehabilitation Act of 1973 31 ArticleReporting of Matters Related to Recipient Integrity and Performance 32 ArticleReporting Subawards and Executive Compensation 33 ArticleRequired Use of American Iron, Steel, Manufactured Products, and Construction 34 Materials ArticleSAFECOM 35 ArticleTerrorist Financing 36 ArticleTrafficking Victims Protection Act of 2000 (TVPA) 37 ArticleUniversal Identifier and System of Award Management 38 ArticleUSA PATRIOT Act of 2001 39 ArticleUse of DHS Seal, Logo and Flags 40 ArticleWhistleblower Protection Act 41 ArticleEnvironmental Planning and Historic Preservation (EHP) Review 42 ArticleApplicability of DHS Standard Terms and Conditions to Tribes 43 ArticleAcceptance of Post Award Changes 44 ArticleDisposition of Equipment Acquired Under the Federal Award 45 ArticlePrior Approval for Modification of Approved Budget 46 ArticleIndirect Cost Rate 47 ArticleAward Performance Goals 48 ArticleEHP Compliance Review Required 49  ORD68 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.  ORD68 Article 2 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.  ORD68 Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)  ORD68 Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152- 5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.  ORD68 Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. Article 16 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 18 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A- 129.) Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article 20 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.  ORD68 Article 21 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported-organizations-provide-meaningful-access-people- limited and additional resources on http://www.lep.gov. Article 24 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 25 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans  ORD68 Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Article 27 Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. Article 28 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article 29 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Article 30 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 31 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.  ORD68 Article 32 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article 33 Reporting Subawards and Executive Compensation Reporting of first tier subawards. Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the  ORD68 application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the “Build America, Buy America” provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process. Article 35 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article 36 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 38 Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.  ORD68 Article 39 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Article 40 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 41 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal,state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.  ORD68 Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 44 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK- GMD@fema.dhs.gov if you have any questions. Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures.  ORD68 Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Threfore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 47 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 48 Award Performance Goals FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.  ORD68 Article 49 EHP Compliance Review Required Under the Modification to a Facility, Equipment, or a component in the Wellness and Fitness Activity, this award includes work, such as ground disturbance, that triggers an EHP compliance review. The recipient is prohibited from committing, obligating, expending, or drawing down FY22 Assistance to Firefighters Grant funds in support of the Modification to Facility, Equipment or a component in the Wellness and Fitness Activity that requires the EHP compliance review, with a limited exception for any approved costs associated with the preparation, conducting, and completion of required EHP reviews. See the FY22 Assistance to Firefighters Grant NOFO for further information on EHP requirements and other applicable program guidance, including FEMA Information Bulletin No. 404. The recipient is required to obtain the required DHS/FEMA EHP compliance approval for this project pursuant to the FY22 Assistance to Firefighters Grant NOFO prior to commencing work for this project. DHS/FEMA will notify you when the EHP compliance review is complete, and work may begin. If the recipient requests a payment for one of the activities requiring EHP compliance review, FEMA may not make a payment for that work while the EHP compliance review is still pending. If FEMA discovers that work has been commenced under one of those activities prematurely, FEMA may disallow costs incurred prior to completion of the EHP compliance review and the receipt of DHS/FEMA approval to begin the work. Please contact your DHS/FEMA AFG Help Desk at 1-866-274-0960 or FireGrants@fema.dhs.gov to receive specific guidance regarding EHP compliance. If you have questions about this term and condition or believe it was placed in error, please contact the relevant Preparedness Officer.  ORD68 Obligating document 1. Agreement 2. Amendment 3. Recipient 4. Type of 5. Control No. No. No. No. Action WX01191N2023T EMW-2022-FG- N/A 146002472 AWARD 04228 6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and Address Address Address CITY OF TROY Grant Programs Directorate FEMA, Financial Services 433 RIVER ST STE 5001 500 C Street, S.W. Branch TROY, NY 12180 Washington DC, 20528-7000 500 C Street, S.W., Room 1-866-927-5646 723 Washington DC, 20742 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Phone Project Officer No. Coordinator No. KEVIN KILGALLON 518- Assistance to Firefighters Grant 1-866-274- 2704471 Program 0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 06/01/2023 to 05/25/2023 OTHER - FEMA COST SHARING 05/31/2025 GO Budget Period 06/01/2023 to 05/31/2025 15. Description of Action a. (Indicate funding data for awards or financial changes) Amount Program Assistance Accounting Prior Current Cumulative Awarded Name Listings Data(ACCS Total Total Non-Federal This Action Abbreviation No. Code) Award Award Commitment + or (-) 2023-F2- GB01 - AFG 97.044 $0.00 $128,590.90 $128,590.90 $12,859.10 P410-xxxx- 4101-D Totals $0.00 $128,590.90 $128,590.90 $12,859.10 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) This field is not applicable for digitally signed grant agreements  ORD68 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE KEVIN KILGALLON 07/04/2023 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE PAMELA WILLIAMS, Assistant Administrator, Grant Programs 05/25/2023  ORD69 ORDINANCE AMENDING THE GENERAL FUND BUDGET TO APPROPRIATE FUNDING FROM THE CITY’S FEDERAL FORFEITURES FOR THE PURPOSE OF PURCHASING A SAFETY RESCUE VEHICLE The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2023 budget is herein amended as set forth in Schedule A entitled: 2023 Budget Amendment(s) – Federal Forfeiture Appropriation which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form, ____________________, 2023 Richard T. Morrissey, Corporation Counsel  ORD69 WM. Patrick Madden Andrew Piotrowski Mayor City Comptroller Chris Nolin Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: September 14, 2023 To: Troy City Council From: Andrew Piotrowski, City Comptroller Re: 2023 Budget Amendment(s) – Federal Forfeiture Appropriation The Police Department is requesting an appropriation of $235,000 from federal forfeitures for the purchase of an armored safety and rescue vehicle. The vehicle would be used primarily by the Emergency Response Team to protect officers engaged in high-risk enforcement actions and to extricate bystanders and others from dangerous situations. The Department has been using a vehicle that belongs to the Town of Colonie, but now requires its own vehicle because of more frequent need and to improve response times.  Schedule A ORD69 2023 Budget Amendment(s) – Federal Forfeiture Appropriation Original Change Revised Department Account No. Description Budget* (+/-) Budget General Fund Revenues Federal Forfeitures A.3000.2620.0000.0017 Federal Forfeitures 0.00 235,000.00 235,000.00 Total General Fund Budget Expenditure Increase 235,000.00 Expenditures Police A.3120.0201.0000.0000 Vehicles 0.00 235,000.00 235,000.00 Total General Fund Budget Expenditure Increase 235,000.00 Net Impact On General Fund 0.00 * Or as previously amended  RES93 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the Troy City Council hereby appoints the following named individuals, further identified in the applications attached hereto and made a part hereof, as Commissioners of Deeds for the City of Troy, each for a two-year term beginning on September 22, 2023, and ending on September 21, 2025. Melissa Joan Newell 4000 Main Street Troy, New York 12180 Kevin Roy 4000 Main Street Troy, New York 12180 Stephanie Ryan 4000 Main Street Troy, New York 12180 Justin Walraed 4000 Main Street Troy, New York 12180 Approved as to form, ________________________, 2023 ______________________________________________ Richard T. Morrissey, Corporation Counsel