City Council

TROY CITY COUNCIL FINANCE MEETING AGENDA March 21st, 2024 6:00 P.M. Pledge of Allegiance Roll Call Public Forum Presentation of Agenda LOCAL LAW 2. A Local Law Amending Section 60-5 Of The Code Of The City Of Troy (Council Member Brosnan) (At The Request Of The Administration) ORDINANES 5. Ordinance Transferring Funds Within The 2024 General Fund (Council President Steele) (At The Request Of The Administration) 6. Ordinance Transferring Funds Within The 2024 Special Grants (Council President Steele) (At The Request Of The Administration) 7. Ordinance Transferring Funds Within The 2024 Water Fund (Council President Steele) (At The Request Of The Administration) 8. Ordinance Transferring Funds Within The 2024 General Fund (Council President Steele) (At The Request Of The Administration) 9. Ordinance Amending Ordinance 3-2024 To Conform The Authorization To Sell Four City- Owned Surplus Parcels At 744 Pawling Avenue To David Mulinio And/Or His Assigns (Council President Steele) (At The Request Of The Administration) 10. Ordinance Amending Ordinance 91-2023 To Correct Name Of Corporate Purchaser Of 454 Hoosick Street (Council President Steele) (At The Request Of The Administration) RESOLUTIONS 51. Resolution Authorizing The Mayor To Enter Into A Contract With The Boys And Girls Club Of The Capital Area, Inc., For The Purpose Of Providing Trained Personnel To Administer And Operate The South Troy Pool Facility Through August 31, 2024 (Council President Steele, Council Member Spain-McLaren, Council Member Sorriento) (At The Request Of The Administration) 1 52. Resolution Appointing A Commissioner Of Deeds For The City Of Troy (Council President Steele) 53. Resolution To Proclaim April 2024 As Autism Awareness Month In The City Of Troy In Conjunction With National Autism Awareness Month And World Autism Awareness Day, April 2, 2024 (Council Member Casey, Council President Steele, Council Member Spain-Mclaren, Council Member Sorriento) (At The Request Of The Administration) 54. Resolution Authorizing The Mayor To Enter Into Four Agreements With Rensselaer County For Provision Of Stop-Dwi Enforcement And High Visibility Engagement Campaign Police Services (Council President Steele) (At The Request Of The Administration) 2  LOCAL LAW NO. 2 (For Introduction Only) A LOCAL LAW AMENDING SECTION 60-5 OF THE CODE OF THE CITY OF TROY BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TROY: Section 1. Section 60-5 of the Troy City Code is amended by striking out and adding language or other matter as follows: All employees of the City of Troy, except those expressly exempt by the Public Officers Law of the State of New York, shall be residents of the City of TroyRensselaer County or a county contiguous with Rensselaer County within the State of New York (namely, Washington County, Saratoga County, Albany County, Greene County, or Columbia County) at the time of their employment or shall become residents within 90 days after their employment and shall remain residents of the City of TroyRensselaer County or a county contiguous with Rensselaer County within the State of New York as a condition of their continued employment. Except as hereinafter provided, any employee of the City who does not comply with the mandatory residency requirements of this article shall be subject to immediate termination by the Mayor. Section 2. The City Council hereby enacts the foregoing amendments to Chapter 60 of the Troy City Code and authorizes the codification of these amendments, with the elimination of the words and other matter herein struck out and the addition of the underlined words and other matter, as delineated in the foregoing Sections of this Local Law. Section 3. This Local Law shall take effect upon its adoption and filing in the Office of the Secretary of State of the State of New York. Approved as to form, ________________________, 2024 Dana L. Salazar, Acting Corporation Counsel  Local Law 2 Carmella Mantello Dylan Spring Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the City Comptroller Phone: (518) 279-7103 City Hall Fax: (518) 268-1682 433 River Street Troy, New York 12180 Date: February 15, 2024 To: Troy City Council From: Gabrielle Mahoney, City Treasurer Re: Memo In Support – Local Law Amending Section 60-5 of The Code of The City of Troy As evidenced by the ever-expanding vacancy list over the past several years, the City of Troy, along with many other local jurisdictions, has experienced difficulty of recruitment for all positions. We are faced with many challenges in recruiting personnel, including the current restrictions of Section 60-5 of the Troy City Code. In an effort to fill existing and future vacancies in the City of Troy, the Administration is proposing to expand the geographical boundaries from which we are able to select candidates for employment. The current requirements are disadvantageous to the public interest.  ORD5 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2024 GENERAL FUND The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2024 budget is herein amended as set forth in Schedule A entitled: 2024 Budget Transfer(s) – March 2024 City Council Meeting which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2024 Dana L. Salazar, Corporation Counsel  ORD5 Carmella Mantello Dylan Spring Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the City Comptroller Phone: (518) 279-7103 City Hall Fax: (518) 268-1682 433 River Street Troy, New York 12180 Date: February 26, 2024 To: Troy City Council From: Dylan Spring, City Comptroller Re: 2024 Budget Transfer(s) – March 2024 City Council Meeting The reasons below are specific to the items as referenced on Schedule A as justification for the budget amendment(s). 1. A transfer of the Dues/Subs to the Rental account in the Engineering Department in the amount of $2,500, bringing the total appropriation to $2,500. The funds are needed for the lease of the copier machines.  Schedule A 2024 Budget Transfer(s) – March 2024 City Council Meeting Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget General Fund Engineering A.1440.0408.0000.0000 Dues/Subs 4,750.00 (2,500.00) 2,250.00 1 Engineering A.1440.0405.0000.0000 Rentals 0.00 2,500.00 2,500.00 1 Net Impact On General Fund 0.00 * Or as previously amended  ORD6 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2024 SPECIAL GRANTS The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2024 budget is herein amended as set forth in Schedule A entitled: 2024 Budget Transfer(s) – March 2024 City Council Meeting which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2024 Dana L. Salazar, Corporation Counsel  ORD6 Carmella Mantello Dylan Spring Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the City Comptroller Phone: (518) 279-7103 City Hall Fax: (518) 268-1682 433 River Street Troy, New York 12180 Date: March 7, 2024 To: Troy City Council From: Dylan Spring, City Comptroller Re: 2024 Budget Transfer(s) – March 2024 City Council Meeting- HOME Funds Program Income The reasons below are specific to the items as referenced on Schedule A as justification for the budget amendment(s). The City has received returned funds from the Homeowner Incentive Program over a several year period which is a program income within the HOME funding. This ordinance amends the HOME funding budget, adding the program income.  Schedule A 2024 Budget Amendment(s) – March 2024 City Cou Original Department Account No. Description Budget* Special Grants Fund Contractual Expense Home Partnership Homeowners Incentive HOME CD.2020.0400.5000.5175 Program (HIP) 200,000.00 HOME CD.2020.0400.5000.5179 212,081.20 Federal Aid- Commnity Development Revenue CD.8000.4910.5000.0000 HOME Programs Net Impact On Special Grants Fund uncil Meeting Change Revised Reference (+/-) Budget Increase of funds due to HOME Program Income 38,648.45 215,000.00 (Recaptures from HIP Increase of funds due to HOME Program Income (Recaptures from HIP 11,351.55 223,432.75 Program) (50,000.00) 0.00  ORD7 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2024 WATER FUND The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2024 budget is herein amended as set forth in Schedule A entitled: 2024 Budget Transfer(s) – March 2024 City Council Meeting which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2024 Dana L. Salazar, Corporation Counsel Carmella R. Mantello Dylan E. Spring Mayor City Comptroller Seamus P. Donnelly Deputy Mayor Office of the City Comptroller Phone: (518) 279-7103 City Hall Fax: (518) 268-1682 433 River Street Troy, New York 12180 Date: March 8, 2024 To: Troy City Council From: Dylan Spring, City Comptroller Re: Memo In Support – 2024 Budget Amendment(s) – DPU Water Fund As referenced on Schedule A, an amendment is proposed to increase the temporary salaries line of the DPU Water Fund for the creation of a part-time position. The salary savings of the positions that have been vacant since January 2024, including the title of Laborer, two Senior Water Maintenance Person I, and Senior Water Maintenance Person II will be used to fund the temporary salaries for 2024.  Schedule A 2024 Budget Transfer(s) – March 2024 City Council Meeting Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget General Fund Water F.8340.0101.0000.0000 Perm Salaries 1,216,153.00 (20,000.00) 1,196,153.00 1 Water F.8340.0102.0000.0000 Temp Salaries 0.00 20,000.00 20,000.00 1 Net Impact On General Fund 0.00 * Or as previously amended  ORD8 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2024 GENERAL FUND The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2024 budget is herein amended as set forth in Schedule A entitled: 2024 Budget Transfer(s) – March 2024 City Council Meeting which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2024 Dana L. Salazar, Corporation Counsel  ORD8 Carmella Mantello Dylan Spring Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the City Comptroller Phone: (518) 279-7103 City Hall Fax: (518) 268-1682 433 River Street Troy, New York 12180 Date: March 15, 2024 To: Troy City Council From: Dylan Spring, City Comptroller Re: 2024 Budget Transfer(s) – March 2024 City Council Meeting The reasons below are specific to the items as referenced on Schedule A as justification for the budget amendment(s). 1. A transfer of the Transmission Other Materials and Supplies to the Purification Other Materials and Supplies account in the Water Department in the amount of $25,000, bringing the total appropriation to $1,212,097. The funds are needed for the current purification needs of the city.  Schedule A 2024 Budget Transfer(s) – March 2024 City Council Meeting Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget General Fund Transmission (Water) F.8340.303.0000.0000 Other Material & Supplies 415,000.00 (25,000.00) 390,000.00 1 Purification (Water) F.8330.303.0000.0000 Other Material & Supplies 1,187,097.00 25,000.00 1,212,097.00 1 Net Impact On General Fund 0.00 * Or as previously amended  ORD9 ORDINANCE AMENDING ORDINANCE 3-2024 TO CONFORM THE AUTHORIZATION TO SELL FOUR CITY-OWNED SURPLUS PARCELS AT 744 PAWLING AVENUE TO DAVID MULINIO AND/OR HIS ASSIGNS The City of Troy, in City Council convened, ordains as follows: Section 1. By Ordinance 3-2024 (passed on January 18, 2024), the City Council authorized the Mayor to execute a contract (nunc pro tunc to January 11, 2024) for the sale and purchase of four parcels of City owned surplus real property commonly known as 744 Pawling Avenue (Tax Map Parcel Nos. 112.83-3-7, 112.84-4-1.1, 112.83-3-5, 112.84-3-1) to David Mulinio, for a sale price of $762,000.00, subject to review and approval of the contract by Corporation Counsel and inclusion of such terms, conditions, and provisions as Corporation Counsel might require for the protection of the City and the public. Section 2. Although the purchaser was identified in the Ordinance and supporting Memorandum as David Mulinio, the purchase agreement attached to the legislation identified the purchaser as “David Mulinio, and/or assigns,” and we understand that the purchaser may want to take title in a corporate or limited liability company name. Section 3. In conformity with the sale and purchase agreement, the City Council hereby authorizes the Mayor to convey the four City-owned parcels at 744 Pawling Avenue to David Mulinio and/or his assigns, the conveyance to be made by quitclaim deed without warranty as to title or condition upon full satisfaction of the terms and conditions of the contract. Section 4. This Ordinance shall take effect immediately. Approved as to form, _________________________ ___________________________________________ Dana L. Salazar, Corporation Counsel 1  ORD9 CORPORATION COUNSEL’S MEMORANDUM IN SUPPORT The sale of the four parcels of surplus property commonly known as 744 Pawling Avenue as previously approved by the Council has been somewhat contentious due to various objections from the former owners. The Administration is preemptively asking the Council by this Ordinance to conform its prior approval of the sale to the written sale and purchase agreement by specifically authorizing the Mayor to sell the property to David Mulinio and/or his assigns. 2  ORD10 ORDINANCE AMENDING ORDINANCE 91-2023 TO CORRECT NAME OF CORPORATE PURCHASER OF 454 HOOSICK STREET The City of Troy, in City Council convened, ordains as follows: Section 1. By Ordinance 91-2023 (passed on December 14, 2023), the City Council authorized the Mayor to execute a contract for the sale and purchase of the City owned surplus real property at 454 Hoosick Street (Tax Map Parcel No. 101.34-9- 2) to HSD Adventures, Inc., for a sale price of $135,000.00, subject to review and approval of the contract by Corporation Counsel and inclusion of such terms, conditions, and provisions as Corporation Counsel might require for the protection of the City and the public. Section 2. Although the purchaser was identified in the purchase agreement as HSD Adventures, Inc., the actual corporate name of the purchaser is HSD Ventures Inc., and the purchaser wants to take title in its correct corporate name. Section 3. The City Council hereby authorizes Corporation Counsel to amend the purchase contract to reflect the correct legal name of the corporate purchaser and authorizes the Mayor to convey the parcel at 454 Hoosick Street to HSD Ventures Inc., by quitclaim deed without warranty as to title or condition upon full satisfaction of the terms and conditions of the contract. Section 4. This Ordinance shall take effect immediately. Approved as to form, _________________________ ___________________________________________ Dana L. Salazar, Corporation Counsel 1  ORD10 CORPORATION COUNSEL’S MEMORANDUM IN SUPPORT The parcel of surplus property under consideration is the former Korean Baptist Church at the corner of South Lake and Hoosick. The purchaser had miscommunicated its corporate name to the realtor who drafted the sale agreement. The mistake was discovered as the City prepared to close the transaction. A corporate entity exists by its legal name. A transfer to a non-existent entity or a wrongly named entity can cause serious title issues. The administration is seeking the Council’s authorization to correct the contract and to sell the property to the proper purchasing corporate entity. 2  RES51 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE BOYS AND GIRLS CLUB OF THE CAPITAL AREA, INC., FOR THE PURPOSE OF PROVIDING TRAINED PERSONNEL TO ADMINISTER AND OPERATE THE SOUTH TROY POOL FACILITY THROUGH AUGUST 31, 2024 ______________________________________________________________________________ WHEREAS, the City of Troy and The Boys and Girls Club of the Capital Area, Inc., desire to enter into the Agreement attached hereto; and WHEREAS, the City of Troy and The Boys and Girls Club of the Capital Area, Inc., entered into similar Agreements to staff the City’s South Troy Pool Facility in the summers of 2020, 2021, 2022, and 2023; and WHEREAS, The Boys and Girls Club of the Capital Area, Inc., has substantial experience and expertise in day-to-day recreational pool management, can operate and maintain the facility consistent with legal regulation, and can furnish qualified lifeguards to ensure the safety of pool users; and WHEREAS, the Council desires to open the South Troy Pool Facility, especially for the benefit of the children of Troy. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Troy hereby authorizes the Mayor to enter into the attached Agreement with The Boys and Girls Club of the Capital Area, Inc., to provide trained personnel to administer and operate the South Troy Pool Facility through August 31, 2024. Approved as to form, ____________________, 2024 ____________________________________________ Dana L. Salazar, Corporation Counsel  RES51 MEMORANDUM IN SUPPORT The Administration seeks to renew a contract with the Boys and Girls Club. The Boys and Girls Club has a proven track record and is uniquely positioned to staffing needs – especially life guards. The Boys and Girls Club will hire previous employees and will also hold a certification program for training and certifying additional staff. Since the Boys and Girls Club operated the facility for us prior years, it will be easier for them to set up and we will be able to secure the County Health Department approvals promptly so that we will be ready to open in July. As everyone knows, The Boys and Girls Club has decades of experience in swimming pool management and supervision, and has proven to be a reliable partner in this City operation. This agreement also will allow residents the ability to participate in the healthy meal program, including lunch and snack, since that is one of the programs the Club provides.  RES51 THIS AGREEMENT Made on the _____22nd_______ day of __________June_______________, 2024, by and between City of Troy, whose principal place of business is situated at City Hall, in the City of Troy, County of Rensselaer and State of New York, herewith referred to as “City”, and The Boys & Girls Clubs of the Capital Area, Inc. whose principal place of business is 21 Delaware Avenue, County of Albany, State of New York, hereinafter referred to as “Agency”. W I T N E S S E T H: WHEREAS, the City is desirous of obtaining the services of the Agency in order to help provide wholesome and beneficial recreation and education for the children of Troy, New York, and thus to help reduce and prevent juvenile delinquency within the City of Troy, and NOW THEREFORE, this Agreement W I T N E S S E T H: That the parties hereto agree, as follows: 1. The Agency hereby agrees to supply services to recruit, train and provide supervisors, lifeguard, and security and pool attendant personnel for the operation of the South Troy Pool for the 2024 season. The Agency’s Site Supervisor will be overseen by the Parks and Recreation Supervisor, Kevin Graber. 2. Payment for services will be reimbursed after receipt of payroll records for staff specific to the services described in Schedule A. Payment will be made within 30 days of receipt of invoice and supporting documentation. 3. Upon agreement of both parties, the total sum of money that the City agrees to pay, as set forth in the above paragraph, may be reduced if both parties agree that there will be unencumbered funds. Any reduction in the total contract sum will be made in writing and appropriate adjustments will be made in Schedule A. 4. The Agency hereto agrees, as follows: a. to make available for audit and inspection by the Auditor of the City of Troy, its plant facilities and financial and other statistical records used in connection with the improved and expanded youth programs provided for in this contract, and keep such records available for inspection by properly qualified personnel of the City of Troy or of the State; b. to report to the City of Troy at such times and in such manner and form as is prescribed by them, the services performed pursuant to this Agreement, and similarly certify all expenditures which the agency claims to have made pursuant to said Agreement;  RES51 c. to comply with such rules and regulations as the City of Troy and the State may make from time to time pursuant to law; d. to maintain the following general liability insurance coverage on all locations and facilities as described below: i. Commercial general liability and contractual liability on an occurrence basis with the following limits of coverage: bodily injury, property damage and personal injury, One Million Dollars ($1,000,000) each occurrence/Two Million Dollars ($2,000,000) general aggregate. 1. Liability Insurance policies will not be accepted that: a. 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 b. Remove or modify the “insured Contract” exception to the employers liability exclusion; or c. Do not cover the additional insured for claims involving injury to employees of the named insured or subcontractors. 2. Contractor shall require any subcontractors hired, carry insurance with the same limits and provisions provided here in. The contractor will maintain certificates of insurance for all subcontractors hired as part of the contractor’s records. ii. Workers compensation insurance as required by law and including employer's liability insurance. Statutory 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 any person, caused by accident, and arising out of the ownership, maintenance or use of any automobile for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of any automobile. iv. Each policy of insurance required shall be in form and content satisfactory to the City Corporation Counsel, and shall provide that: 1. The City of Troy is named additional insured on a primary and Non-Contributing basis. 2. The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Troy Corporation Counsel’s Office.  RES51 3. The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Troy Corporation Counsel’s Office is given sixth (60) days written notice of the contrary. e. not to assign, transfer, convey, sublease or otherwise dispose of said agreement or the right, title or interest therein or the power to execute the same to any other person, company or corporation without the previous consent, in writing, of the City of Troy; f. that said Agreement may be terminated by the City or the Agency on thirty (30) days prior notice, in writing, to the other; g. to conform with the “Governor’s anti-discrimination clause in contracts” as of the memorandum dated November 20, 1963. 5. That at all times during the terms of this Agreement the Agency shall remain as to the City an independent contractor and shall retain its separate identity and shall remain a separate entity and shall not in any way be an agent of the City. 6. That the Agency shall indemnify, defend and hold harmless the City, its officials, agents, appointees and employees from all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities (including all costs and attorney fees, consequential damages, and punitive damages) arising out of the work or performance of the Agency. 7. That the City shall indemnify, defend and hold harmless the Agency, its officials, agents, appointees and employees from all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities (including all costs and attorney fees, consequential damages, and punitive damages) arising out of the work or performance of the City. 8. The terms of the within Contract shall commence on June 30, 2024, and shall terminate on August 31, 2024.  RES51 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CITY OF TROY BY: ________________________________ Carmella R. Mantello Mayor BOYS & GIRLS CLUBS OF THE CAPITAL AREA BY: _______________________________ Approved as to form, _________________________, 2024 ___________________________________ Dana L. Salazar Corporation Counsel  RES52 RESOLUTION APPOINTING A COMMISSIONER OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the Troy City Council hereby appoints Carole Claren-Weaver, whose unredacted application is on file with the Troy City Clerk and whose eligibility for appointment under Executive Law § 139 has been confirmed, as Commissioner of Deeds for the City of Troy, for a two-year term beginning on April 5, 2024 and ending on April 4, 2026. Approved as to form, ________________________, 2024 ______________________________________________ Dana L. Salazar, Corporation Counsel  RES52 City of Troy, New York COMMISSIONER OF DEEDS Application for Appointment To the City Clerk of the City of Troy, New York: • I,&2u C!br..J{;J- �A-Ve?21J]rint full name), being duly sworn, hereby make application for appointment to the office of Commissioner of Deeds in and for the City of Troy. I hereby swear that: � c;,.r 1. I am a citizen of the United States, and [''. \ � 0 ,,c 2. I am at least 18 years of age and \: \ r; .�·.·��· 3. Check one: □ A. TROY RESIDENT: I maintain my fixed and permanent residence at (print address): , Troy, New York. D B. RENSSELAER COUNTY RESIDENT, outside of Troy: I maintain an office or place of business in the City of Troy, at (print address): �-- __________________�_..._____, Troy, New York. And I maintain my fixed and permanent residence at (print address): ---------------------- in _____________ (town/village) in Rensselaer County. Signature: d..J?4, �&M#- � �J� On f1\o.;� Id... , 2�, before me appeared C_OfuQ,� (]_J)vUi.J\'\_� lu� known to me to be the same person described herein and who executed the foregoing instrument and s/he duly acknowledged to me that s/he executed the same and that the information contained therein is true and accurate. \ Q_L\_/�-�� 2> l\d--ld-'-\. Notary Public or Commissioner of Deeds Date Return this form with proof of residence and, if required, proof of employment to the office of the City Clerk, 433 River St, Suite 5001, Troy, NY 12180. OFFICE USE ONLY -EJValid NYS driver's/non driver's license within city limits of Troy or Rensselaer County D Recent pay stub � 1/ '1 �L :21 Date  RES53 RESOLUTION TO PROCLAIM APRIL 2024 AS AUTISM AWARENESS MONTH IN THE CITY OF TROY IN CONJUNCTION WITH NATIONAL AUTISM AWARENESS MONTH AND WORLD AUTISM AWARENESS DAY, APRIL 2, 2024 WHEREAS, each April for the past five decades, National Autism Awareness Month has elevated awareness and educated the public about autism and issues within the autism community; and WHEREAS, the City Council continues to be committed to the "Think Differently" initiative to encourage more inclusiveness and accessibility for the developmental disabilities and special needs community; and WHEREAS, one in 36 children in the United States is affected by autism, Asperger's or Pervasive Developmental Disorder Not Otherwise Specified (PDD-NOS), as estimated by the Centers for Disease Control and Prevention (CDC); and WHEREAS, autism is a spectrum disorder, meaning there can be great variation in the way it affects people; each child on the autism spectrum possesses unique abilities, symptoms and challenges, according to autism expert Dr. Willis Holloway; and WHEREAS, many children on the spectrum often share common core symptoms which include: impaired social interactions, such as reluctance to join group activities at school, not being aware of the needs of others, impaired communication and other impairments; and WHEREAS, medications are available for some common behavioral symptoms like irritability or anxiety, there are no FDA-approved drugs to treat any of the core symptoms of these conditions; and WHEREAS, autism is a disorder with significant unmet patient needs and is a complex developmental disability that typically appears during the first three years of life and affects a person's ability to communicate and interact with others; and WHEREAS, autism is defined by a certain set of behaviors and is a spectrum disorder that effects individuals differently and to varying degrees; and WHEREAS, there is no known single cause of autism; in March of 2012, the Centers for Disease Control and Prevention issued their ADDM autism prevalence report which concluded that the prevalence of autism had risen to one in every 36 births in the United States; and WHEREAS, it is imperative that there be greater public awareness of this serious health issue, and more must be done to increase activity at the local, state and national levels.  RES53 NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council proclaims April 2024, as Autism Awareness Month in the City of Troy in conjunction with National Autism Awareness Month and World Autism Awareness Day, April 2, 2024. Approved as to form, _____________________, 2024 ____________________________________________ Dana L. Salazar, Corporation Counsel  RES54 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO FOUR AGREEMENTS WITH RENSSELAER COUNTY FOR PROVISION OF STOP-DWI ENFORCEMENT AND HIGH VISIBILITY ENGAGEMENT CAMPAIGN POLICE SERVICES WHEREAS, the City of Troy and the County of Rensselaer have a mutual governmental interest in the strict enforcement of DWI laws in order to decrease the number of alcohol related motor vehicle accidents; and WHEREAS, this goal can be accomplished through special countermeasure enforcement programs that increase public awareness of the dangers of impaired driving by maintaining high visibility police operations in the law enforcement area, by increasing enforcement to deter the motoring public from driving while impaired, and by enforcing alcohol laws as they relate to minors; and WHEREAS, General Municipal Law Article 5-G authorizes the City of Troy and the County of Rensselaer to enter into an intermunicipal agreement on a cooperative or contract basis to carry out any function or responsibility that each has the authority to undertake alone; and WHEREAS, the Rensselaer County Legislature has authorized the County to enter into the attached agreements with the City for enhanced STOP-DWI enforcement within Troy for 2023 and 2024 and for STOP-DWI High Visibility Engagement Campaigns with special DWI patrols conducted on targeted holiday dates throughout the year from October 1, 2022 through September 30, 2024; and WHEREAS, pursuant to the agreements, the City will be able to seek reimbursements up to a total amount of $32,000.00 for eligible expenses that have been properly reported and submitted. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes the Mayor to enter into the attached intermunicipal STOP-DWI agreements with the County of Rensselaer, the agreements to be in substantial conformity with the agreements attached hereto, subject to review and approval by Corporation Counsel, with such terms, conditions, and provisions as Corporation Counsel may require for the protection of the City and the public. Approved as to form ____________________, 2024 Dana L. Salazar, Corporation Counsel  RES54 MEMORANDUM IN SUPPORT General Municipal Law Article 5-G authorizes the City of Troy and the County of Rensselaer to enter into intermunicipal agreements on a cooperative or contract basis to carry out any function or responsibility that each has the authority to undertake alone. The City of Troy Police Department regularly conducts STOP-DWI enforcement actions and High Visibility Campaigns. By virtue of the attached agreements between the County and the City, the County will be able to reimburse the City for eligible expenses properly reported and submitted.  RES 54 STOP-DWI ENFORCEMENT AGREEMENT This Agreement (“Agreement”) is made by and between Rensselaer County, acting on behalf of its STOP DWI Department, located at 99 Troy Road, East Greenbush, New York 12061, hereinafter called the “County” and Troy Police Department located at 433 River Street, Troy, New York 12180, hereinafter called the “Participant”. County and Participant are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”. WHERAS, County wishes to establish and administer, and Participant wishes to participate in, a special countermeasure enforcement program for enforcing existing Driving While Intoxicated “DWI” laws and decreasing the number of alcohol related motor vehicle accidents; and WHERAS, the program will strive to increase public awareness of the dangers of impaired driving by maintaining a high visibility in the law enforcement area, increase enforcement to deter the motoring public from driving while impaired, and enforce alcohol laws as they relate to minors; and NOW, THEREFORE, the Parties hereby agree as follows: 1. Participant, through its Police Department, will implement Special DWI patrols for traffic safety STOP-DWI measures within the municipal boundaries of Participant. The individuals chosen for the patrols must satisfy the following qualifications: a. The officers must have completed basic training (Municipal Police Training Council School); and b. The officers must have experience on road patrols, in particular apprehending and charging an impaired driver. 2. Participant, through its Police Chief, will designate a representative to file all activities/expense reports with the County within 15 days of each detail on forms that will be provided by the County. 3. The officers selected for the Special DWI patrols must be assigned by Participant to road patrols for vehicle and traffic violations and drunk driving offenses only. Emergency situations may be answered only to provide initial back-up. In no instance (other than outlined above) shall a Participant STOP-DWI funded officer be used to supplement manpower losses incurred by the Participant. If an officer is ordered to fulfill such a request, County may immediately discontinue program funding under this Agreement. 4. Participant may only use STOP-DWI Enforcement funding under this Agreement for DWI patrols and underage drinking enforcement for the term of this Agreement. If during the term of this Agreement Participant incurs total expenses less than the not-to-exceed amount in Section 5, then County is not required to pay the unused funding amount to Participant. 5. County will reimburse Participant for expenses actually incurred by Participant in providing services under this Agreement, but in no event is County required to reimburse Participant more than $10,000.00. After receipt of all reports required under Section 2 and any other information and documentation reasonably requested by County, County will reimburse Concord - Document ID: generated after first signature 1-3  RES 54 Participant in a lump sum payment prior to the termination of this Agreement, provided, however, that Participant expressly acknowledges and agrees that this Agreement is executory to the extent third party funding is relied upon by County for the payment of any goods, labor or services to be furnished by the Participant under the terms and provisions of this Agreement, and that in the event such funding shall not be received by the County, this Agreement may be terminated by County upon reasonable prior written notice to Participant and County shall not be responsible for any reimbursement to Participant. 6. The County may evaluate the Participant STOP-DWI Enforcement program on a continuing basis during the term of this Agreement. The evaluations may, at the discretion of the County STOP-DWI Director, assess, among other things, the effectiveness of the program and the Participant agrees to make modifications to its program if requested by County. 7. Either Party may terminate this Agreement, provided that the Party terminating this Agreement gives thirty (30) days written notice of termination to the other Party, which shall be served upon the other Party by first class mail. 8. This agreement may be modified or amended only in writing and duly executed by both Parties. Any modification or amendment shall be attached to and become part of this Agreement. All notices concerning this Agreement shall be delivered in writing to the Parties. 9. In the event either Party to this agreement shall initiate litigation against the other Party to protect or enforce any right or benefit in favor of such Party under the terms of this Agreement, the Parties hereby mutually agree that the Supreme Court of the State of New York shall exercise exclusive jurisdiction over such litigation, and that the venue of the same shall be County of Rensselaer, New York. 10. Participant acknowledges and agrees that the services to be provided pursuant to the terms of this Agreement are provided as an independent contractor and not as an agent or as employees of the County Accordingly, Participant agrees to indemnify and hold harmless and defend County and its agents, officers and employees, from and against any and all claims or causes of action, including reasonable attorneys’ fees and expenses incurred by County in connection with any such claims or causes of action, which may arise as a consequence of any act or omission on the part of Participant, its agents or employees which occurs during the performance of the services to be provided hereunder. Participant further agrees (a) to maintain during the term of this Agreement such Workers’ Compensation and Disability Insurance coverage as may be required by law, together with liability insurance with liability limits reasonably satisfactory to County and naming County as additional insured on a primary and non-contributory basis, and (b) to provide to County proof of all such insurance coverage at the time of the signature of this Agreement by Participant. 11. The term of this Agreement begins on January 1, 2024 and ends on December 31, 2024. 12. Non-Discrimination: The Participant agrees that in carrying out its activities under the terms of the Agreement that it shall abide by the applicable provisions of the Human Rights Law of the State of New York, as set forth in Sections 290-301 of the Executive Law of the State of New York. Concord - Document ID: generated after first signature 2-3  RES 54 13. Federal, State and Local Law and Regulations Compliance: The Participant agrees to abide by and comply with all applicable federal, state and local laws, rules, regulations and orders. 14. Disclosure: The Participant certifies, to the best of its knowledge and belief, that: A. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant, to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with the awarding of any contract, the making of any grant, the making of any loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant loan, or cooperative Agreement. B. If any funds other than State or Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of-this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and United States Code. Failure to file the required certification shall be subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for each such failure. IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the respective Parties. Concord - Document ID: generated after first signature 3-3  RES54 STOP-DWI ENFORCEMENT AGREEMENT This Agreement (“Agreement”) is made by and between Rensselaer County, acting on behalf of its STOP DWI Department, located at 99 Troy Road, East Greenbush, New York 12061, hereinafter called the “County” and Troy Police Department located at 433 River Street, Troy, New York 12180, hereinafter called the “Participant”. County and Participant are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”. WHERAS, County wishes to establish and administer, and Participant wishes to participate in, a special countermeasure enforcement program for enforcing existing Driving While Intoxicated “DWI” laws and decreasing the number of alcohol related motor vehicle accidents; and WHERAS, the program will strive to increase public awareness of the dangers of impaired driving by maintaining a high visibility in the law enforcement area, increase enforcement to deter the motoring public from driving while impaired, and enforce alcohol laws as they relate to minors; and NOW, THEREFORE, the Parties hereby agree as follows: 1. Participant, through its Police Department, will implement Special DWI patrols for traffic safety STOP-DWI measures within the municipal boundaries of Participant. The individuals chosen for the patrols must satisfy the following qualifications: a. The officers must have completed basic training (Municipal Police Training Council School); and b. The officers must have experience on road patrols, in particular apprehending and charging an impaired driver. 2. Participant, through its Police Chief, will designate a representative to file all activities/expense reports with the County within 15 days of each detail on forms that will be provided by the County. 3. The officers selected for the Special DWI patrols must be assigned by Participant to road patrols for vehicle and traffic violations and drunk driving offenses only. Emergency situations may be answered only to provide initial back-up. In no instance (other than outlined above) shall a Participant STOP-DWI funded officer be used to supplement manpower losses incurred by the Participant. If an officer is ordered to fulfill such a request, County may immediately discontinue program funding under this Agreement. 4. Participant may only use STOP-DWI Enforcement funding under this Agreement for DWI patrols and underage drinking enforcement for the term of this Agreement. If during the term of this Agreement Participant incurs total expenses less than the not-to-exceed amount in Section 5, then County is not required to pay the unused funding amount to Participant. 5. County will reimburse Participant for expenses actually incurred by Participant in providing services under this Agreement, but in no event is County required to reimburse Participant more than $10,000.00. After receipt of all reports required under Section 2 and any other information and documentation reasonably requested by County, County will reimburse Concord - Document ID: generated after first signature 1-3  RES54 Participant in a lump sum payment prior to the termination of this Agreement, provided, however, that Participant expressly acknowledges and agrees that this Agreement is executory to the extent third party funding is relied upon by County for the payment of any goods, labor or services to be furnished by the Participant under the terms and provisions of this Agreement, and that in the event such funding shall not be received by the County, this Agreement may be terminated by County upon reasonable prior written notice to Participant and County shall not be responsible for any reimbursement to Participant. 6. The County may evaluate the Participant STOP-DWI Enforcement program on a continuing basis during the term of this Agreement. The evaluations may, at the discretion of the County STOP-DWI Director, assess, among other things, the effectiveness of the program and the Participant agrees to make modifications to its program if requested by County. 7. Either Party may terminate this Agreement, provided that the Party terminating this Agreement gives thirty (30) days written notice of termination to the other Party, which shall be served upon the other Party by first class mail. 8. This agreement may be modified or amended only in writing and duly executed by both Parties. Any modification or amendment shall be attached to and become part of this Agreement. All notices concerning this Agreement shall be delivered in writing to the Parties. 9. In the event either Party to this agreement shall initiate litigation against the other Party to protect or enforce any right or benefit in favor of such Party under the terms of this Agreement, the Parties hereby mutually agree that the Supreme Court of the State of New York shall exercise exclusive jurisdiction over such litigation, and that the venue of the same shall be County of Rensselaer, New York. 10. Participant acknowledges and agrees that the services to be provided pursuant to the terms of this Agreement are provided as an independent contractor and not as an agent or as employees of the County Accordingly, Participant agrees to indemnify and hold harmless and defend County and its agents, officers and employees, from and against any and all claims or causes of action, including reasonable attorneys’ fees and expenses incurred by County in connection with any such claims or causes of action, which may arise as a consequence of any act or omission on the part of Participant, its agents or employees which occurs during the performance of the services to be provided hereunder. Participant further agrees (a) to maintain during the term of this Agreement such Workers’ Compensation and Disability Insurance coverage as may be required by law, together with liability insurance with liability limits reasonably satisfactory to County and naming County as additional insured on a primary and non-contributory basis, and (b) to provide to County proof of all such insurance coverage at the time of the signature of this Agreement by Participant. 11. The term of this Agreement begins on January 1, 2023 and ends on December 31, 2023. 12. Non-Discrimination: The Participant agrees that in carrying out its activities under the terms of the Agreement that it shall abide by the applicable provisions of the Human Rights Law of the State of New York, as set forth in Sections 290-301 of the Executive Law of the State of New York. Concord - Document ID: generated after first signature 2-3  RES54 13. Federal, State and Local Law and Regulations Compliance: The Participant agrees to abide by and comply with all applicable federal, state and local laws, rules, regulations and orders. 14. Disclosure: The Participant certifies, to the best of its knowledge and belief, that: A. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant, to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with the awarding of any contract, the making of any grant, the making of any loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant loan, or cooperative Agreement. B. If any funds other than State or Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of-this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and United States Code. Failure to file the required certification shall be subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for each such failure. IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the respective Parties. Concord - Document ID: generated after first signature 3-3  RES54 STOP-DWI HIGH VISIBILITY ENGAGEMENT CAMPAIGN (HVEC) AGREEMENT THIS AGREEMENT (“Agreement”) made by and between Rensselaer County, acting on behalf of its STOP DWI Department, located 99 Troy Road, East Greenbush, New York 12061, hereinafter called the “County”, and Troy Police Department located at 433 River Street, Troy, New York 12180 hereinafter called the “Participant”. County and Participant are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”. WHEREAS, the Parties are interested in enforcing DWI laws and in decreasing number of alcohol related motor vehicle accidents through special countermeasure enforcement programs; and WHERAS, this goal can be accomplished by increasing public awareness of the dangers of impaired driving by maintaining a high visibility in the law enforcement area, by increasing enforcement to deter the motoring public from driving while impaired, and by enforcing alcohol laws as they relate to minors; and NOW, THEREFORE, the Parties hereby agree as follows: 1. Participant, through its Police Department, will implement Special DWI patrols for traffic safety STOPDWI measures within the municipal boundaries of Participant. The individuals chosen for the patrols must satisfy the following qualifications: a. The officers must have completed basic training (Municipal Police Training Council School); and b. The officers must have experience on road patrols, in particular apprehending and charging an impaired driver. 2. The Special DWI patrols will coincide with the NYS recognized DWI HVEC dates as follows: Event(s) Patrol(s) Start Patrol(s) End Date-Time Date-Time Halloween October 29, 2022 October 31, 2022 Thanksgiving November 23, 2022 November 27, 2022 Holiday Season December 14, 2022 January 1, 2023 Super Bowl February 10, 2023 February 13, 2023 St. Patricks’ Day March 16, 2023 March 29, 2023 Drugged Driving Awareness 3pm April 20 3am April 21, 2023 Memorial Day May 26, 2023 May 30, 2023 4th of July July 1, 2023 July 5, 2023 Drugged Driving Awareness 3pm -July 10, 2023 3am --July 11, 2023 Labor Day August 18, 2023 September 4, 2023 3. Participant, through its Police Chief, will designate a representative to file all activities/expense reports with the County STOP-DWI Director within 15 days of each detail on forms that will be provided by the County. 4. The officers selected for the Special DWI patrols must be assigned by Participant to road patrols for vehicle and traffic violations and drunk driving offenses only. Emergency Concord - Document ID: generated after first signature 1-3  RES54 situations may be answered only to provide initial back-up. In no instance (other than outlined above) shall a Participant STOP-DWI funded officer be used to supplement manpower losses incurred by the Participant. If an officer is ordered to fulfill such a request, County may immediately discontinue program funding under this Agreement. 5. The Participant may only use STOP-DWI HVEC funding under this Agreement for the crackdown dates listed in Section 2. Should a positive balance exist at the termination of this Agreement those funds will be forfeited and expired. 6. County will reimburse Participant for expenses actually incurred by Participant in providing services under this Agreement, but in no event is County required to reimburse Participant more than $6,000.00. After receipt of all reports required under Section 3 and any other information and documentation reasonably requested by County, County will reimburse Participant in a lump sum payment prior to the termination of this Agreement, provided, however, that Participant expressly acknowledges and agrees that this Agreement is executory to the extent third party funding is relied upon by County for the payment of any goods, labor or services to be furnished by the Participant under the terms and provisions of this Agreement, and that in the event such funding shall not be received by the County, this Agreement may be terminated by County upon reasonable prior written notice to Participant and County shall not be responsible for any reimbursement to Participant. 7. The County STOP-DWI Director may evaluate the Participant STOP-DWI Enforcement program on a continuing basis during the term of this Agreement. The evaluations may, at the discretion of the County STOP-DWI Director, assess, among other things, the effectiveness of the program and the Participant agrees to make modifications to its program if requested by County. 8. Either Party may terminate this Agreement, provided that the Party terminating this Agreement gives thirty (30) days written notice of termination to the other Party, which shall be served upon the other Party by first class mail. 9. This agreement may be modified or amended only in writing and duly executed by both Parties. Any modification or amendment shall be attached to and become part of this Agreement. All notices concerning this Agreement shall be delivered in writing to the Parties. 10. In the event either Party to this agreement shall initiate litigation against the other Party to protect or enforce any right or benefit in favor of such Party under the terms of this Agreement, the Parties hereby mutually agree that the Supreme Court of the State of New York shall exercise exclusive jurisdiction over such litigation, and that the venue of the same shall be County of Rensselaer, New York. 11. Participant acknowledges and agrees that the services to be provided pursuant to the terms of this Agreement are provided as an independent contractor and not as an agent or as employees of the County. Accordingly, Participant agrees to indemnify and hold harmless and defend County and its agents, officers and employees, from and against any and all claims or causes of action, including reasonable attorneys’ fees and expenses incurred by County in connection with any such claims or causes of action, which may arise as a consequence of any act or omission on the part of Participant, its agents or employees which occurs during the performance of the services to be provided hereunder. Participant further agrees (a) to maintain during the term of this Agreement such Workers’ Compensation and Disability Concord - Document ID: generated after first signature 2-3  RES54 Insurance coverage as may be required by law, together with liability insurance with liability limits reasonably satisfactory to County and naming County as additional insured on a primary and non-contributory basis, and (b) to provide to County proof of all such insurance coverage at the time of the signature of this Agreement by Participant. 12. The term of this Agreement begins on October 1, 2022 and ends on September 30, 2023. 13. The Participant agrees that in carrying out its activities under the terms of the Agreement that it shall abide by the applicable provisions of the Human Rights Law of the State of New York, as set forth in Sections 290-301 of the Executive Law of the State of New York. 14. The Participant agrees to abide by and comply with all applicable federal, state and local laws, rules, regulations and orders. 15. The Participant certifies, to the best of its knowledge and belief, that: A. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant, to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with the awarding of any contract, the making of any grant, the making of any loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant loan, or cooperative Agreement. B. If any funds other than State or Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of-this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and United States Code. Failure to file the required certification shall be subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for each such failure. IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the respective Parties. Concord - Document ID: generated after first signature 3-3  RES54 STOP-DWI HIGH VISIBILITY ENGAGEMENT CAMPAIGN (HVEC) AGREEMENT THIS AGREEMENT (“Agreement”) made by and between Rensselaer County, acting on behalf of its STOP DWI Department, located 99 Troy Road, East Greenbush, New York 12061, hereinafter called the “County”, and Troy Police Department located at 433 River Street, Troy, New York 12180 hereinafter called the “Participant”. County and Participant are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”. WHEREAS, the Parties are interested in enforcing DWI laws and in decreasing number of alcohol related motor vehicle accidents through special countermeasure enforcement programs; and WHERAS, this goal can be accomplished by increasing public awareness of the dangers of impaired driving by maintaining a high visibility in the law enforcement area, by increasing enforcement to deter the motoring public from driving while impaired, and by enforcing alcohol laws as they relate to minors; and NOW, THEREFORE, the Parties hereby agree as follows: 1. Participant, through its Police Department, will implement Special DWI patrols for traffic safety STOPDWI measures within the municipal boundaries of Participant. The individuals chosen for the patrols must satisfy the following qualifications: a. The officers must have completed basic training (Municipal Police Training Council School); and b. The officers must have experience on road patrols, in particular apprehending and charging an impaired driver. 2. The Special DWI patrols will coincide with the NYS recognized DWI HVEC dates as follows: Halloween 2023 10/27/23 – 11/01/23 Thanksgiving 2023 11/22/23 – 11/26/23 Holiday 2023 – 2024 12/13/23 – 01/01/24 Superbowl 2024 02/09/24 – 02/11/24 St Patrick’s Day 2024 03/15/24 – 03/17/24 420 Drug Day 04/19/24 – 04/21/24 Memorial Day 2024 05/24/24 – 05/27/24 06/06/24 – 06/09/24 June 100 Days of Summer 06/13/24 – 06/16/24 06/20/24 – 06/23/24 06/27/24 – 06/30/24 July 4 2024 07/03/24 – 07/07/24 Concord - Document ID: generated after first signature 1-4  RES54 July 100 Day of Summer 07/11/24 – 07/14/24 07/18/24 – 07/21/24 07/25/24 – 07/28/24 08/01/24 – 08/04/24, August 100 Days of Summer 08/08/24 – 08/11/24 End of Summer 2024 08/14/24 – 09/02/24 3. Participant, through its Police Chief, will designate a representative to file all activities/expense reports with the County STOP-DWI Director within 15 days of each detail on forms that will be provided by the County. 4. The officers selected for the Special DWI patrols must be assigned by Participant to road patrols for vehicle and traffic violations and drunk driving offenses only. Emergency situations may be answered only to provide initial back-up. In no instance (other than outlined above) shall a Participant STOP-DWI funded officer be used to supplement manpower losses incurred by the Participant. If an officer is ordered to fulfill such a request, County may immediately discontinue program funding under this Agreement. 5. The Participant may only use STOP-DWI HVEC funding under this Agreement for the crackdown dates listed in Section 2. Should a positive balance exist at the termination of this Agreement those funds will be forfeited and expired. 6. County will reimburse Participant for expenses actually incurred by Participant in providing services under this Agreement, but in no event is County required to reimburse Participant more than $6,000.00. After receipt of all reports required under Section 3 and any other information and documentation reasonably requested by County, County will reimburse Participant in a lump sum payment prior to the termination of this Agreement, provided, however, that Participant expressly acknowledges and agrees that this Agreement is executory to the extent third party funding is relied upon by County for the payment of any goods, labor or services to be furnished by the Participant under the terms and provisions of this Agreement, and that in the event such funding shall not be received by the County, this Agreement may be terminated by County upon reasonable prior written notice to Participant and County shall not be responsible for any reimbursement to Participant. 7. The County STOP-DWI Director may evaluate the Participant STOP-DWI Enforcement program on a continuing basis during the term of this Agreement. The evaluations may, at the discretion of the County STOP-DWI Director, assess, among other things, the effectiveness of the program and the Participant agrees to make modifications to its program if requested by County. 8. Either Party may terminate this Agreement, provided that the Party terminating this Agreement gives thirty (30) days written notice of termination to the other Party, which shall be served upon the other Party by first class mail. Concord - Document ID: generated after first signature 2-4  RES54 9. This agreement may be modified or amended only in writing and duly executed by both Parties. Any modification or amendment shall be attached to and become part of this Agreement. All notices concerning this Agreement shall be delivered in writing to the Parties. 10. In the event either Party to this agreement shall initiate litigation against the other Party to protect or enforce any right or benefit in favor of such Party under the terms of this Agreement, the Parties hereby mutually agree that the Supreme Court of the State of New York shall exercise exclusive jurisdiction over such litigation, and that the venue of the same shall be County of Rensselaer, New York. 11. Participant acknowledges and agrees that the services to be provided pursuant to the terms of this Agreement are provided as an independent contractor and not as an agent or as employees of the County. Accordingly, Participant agrees to indemnify and hold harmless and defend County and its agents, officers and employees, from and against any and all claims or causes of action, including reasonable attorneys’ fees and expenses incurred by County in connection with any such claims or causes of action, which may arise as a consequence of any act or omission on the part of Participant, its agents or employees which occurs during the performance of the services to be provided hereunder. Participant further agrees (a) to maintain during the term of this Agreement such Workers’ Compensation and Disability Insurance coverage as may be required by law, together with liability insurance with liability limits reasonably satisfactory to County and naming County as additional insured on a primary and non-contributory basis, and (b) to provide to County proof of all such insurance coverage at the time of the signature of this Agreement by Participant. 12. The term of this Agreement begins on October 1, 2023 and ends on September 30, 2024. 13. The Participant agrees that in carrying out its activities under the terms of the Agreement that it shall abide by the applicable provisions of the Human Rights Law of the State of New York, as set forth in Sections 290-301 of the Executive Law of the State of New York. 14. The Participant agrees to abide by and comply with all applicable federal, state and local laws, rules, regulations and orders. 15. The Participant certifies, to the best of its knowledge and belief, that: A. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant, to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with the awarding of any contract, the making of any grant, the making of any loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant loan, or cooperative Agreement. B. If any funds other than State or Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Concord - Document ID: generated after first signature 3-4  RES54 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of-this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and United States Code. Failure to file the required certification shall be subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for each such failure. IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the respective Parties. Concord - Document ID: generated after first signature 4-4