City Council

TROY CITY COUNCIL FINANCE MEETING AGENDA June 6th 2024 6:30 P.M. Pledge of Allegiance Roll Call Public Forum Presentation of Agenda ORDINANCES 31. Ordinance Transferring Funds Within The 2024 General Fund For Fire Department Turnout Gear (Council Member Casey, Council President Steele) (At The Request Of The Administration) 32. Ordinance Transferring Funds Within The 2024 General Fund For Fire Vehicle Repairs (Council Member Casey, Council President Steele) (At The Request Of The Administration) 33. Ordinance Authorizing Settlement Of Claim, To Wit: Troy Riverwalk, LLC Et Al., Petitioners, V. City Of Troy Et Al., Respondents, Supreme Court, Rensselaer County, Index No. Ef2023-274901 (Council Member Casey, Council President Steele) (At The Request Of The Administration) RESOLUTIONS 99. Resolution Authorizing The Mayor To Enter Into A Home Consortium Cooperation Agreement With The City Of Schenectady And The Town Of Colonie (Council President Steele)(At The Request Of The Administration) 1  ORD31 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2024 GENERAL FUND FOR FIRE DEPARTMENT TURNOUT GEAR 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 General Fund Transfer – June 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  ORD31 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: May 31, 2024 To: Troy City Council From: Dylan Spring, City Comptroller Re: 2024 Budget Amendment(s) –2024 City Council Meeting The reasons below are specific to the items as referenced on Schedule A as justification for the budget amendments. The fire department hired 9 new firefighters in February and replaced several sets of turnout gear that needed repair. Replacement of the turnout gear was more cost effective than repair, given the level of repair needed. Each set of turnout gear for replacement or for new firefighters costs approximately $4,000.00  ORD31 Schedule A 2024 Budget Transfer(s) – June 2024 City Council Meeting Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget General Fund Fire A.3410.0203.0000.0000 Other Equipment 62,000.00 (20,000.00) 42,000.00 Fire A.3410.0423.0000.0000 Uniforms 110,430.00 20,000.00 130,430.00 Net Impact On General Fund 0.00 * Or as previously amended  ORD32 ORDINANCE TRANSFERRING FUNDS WITHIN THE 2024 GENERAL FUND FOR FIRE VEHICLE REPAIRS 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 General Fund Transfer – June 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  ORD32 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: May 31, 2024 To: Troy City Council From: Dylan Spring, City Comptroller Re: 2024 Budget Amendment(s) –2024 City Council Meeting The reasons below are specific to the items as referenced on Schedule A as justification for the budget amendments. The fire department needed to have repairs to its 2012 ladder truck. The repairs could not be performed by our fire department mechanic. Additionally, our 2018 ambulance needed significant repairs to the cooling system that our mechanic was not able to perform.  ORD32 Schedule A 2024 Budget Transfer(s) – June 2024 City Council Meeting Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget General Fund Fire A.3410.0304.0057.0000 Vehicle Parts 75,500.00 (17,000.00) 58,500.00 Fire A.3410.0304.0058.0000 Vehicl Repair 162,000.00 17,000.00 179,000.00 Net Impact On General Fund 0.00 * Or as previously amended  ORD33 ORDINANCE AUTHORIZING SETTLEMENT OF CLAIM, TO WIT: TROY RIVERWALK, LLC ET AL., PETITIONERS, V. CITY OF TROY ET AL., RESPONDENTS, SUPREME COURT, RENSSELAER COUNTY, INDEX NO. EF2023-274901 The City of Troy, in City Council convened, ordains as follows: Section 1. The above-named petitioners commenced a special proceeding in Rensselaer County Supreme Court against the City of Troy, alleging that the City failed to provide a written release of a right of reacquisition relating to a certain parcel of real property owned by petitioners. The Court ruled that the document should have been provided and awarded costs and attorney fees to petitioners, which the parties have agreed to compromise in the amount of six thousand five hundred dollars and zero cents ($6,500.00) as payment in full of the award. Section 2. The Corporation Counsel is authorized to settle the above matter in a manner that conforms in all material respects with and in the amount identified in the attached Exhibit “A” (Settlement and Release Agreement dated May 24, 2024). The Corporation Counsel shall obtain a duly executed Satisfaction of Judgment and Settlement and Release Agreement upon satisfaction of the claim as agreed. Section 3. The Comptroller is authorized and directed to make, issue, and countersign the required draft as outlined in the Settlement and Release Agreement, said sum to be payable out of the Judgments and Claims Account. Section 4. This Ordinance shall take effect immediately. Approved as to form, __________________, 2024 ____________________________________ Dana L. Salazar, Corporation Counsel  ORD33 MEMORANDUM IN SUPPORT This settlement arises out of a dispute between Troy Riverwalk LLC and the City of Troy regarding certain rights of entry, reverter, and easement. In 2014, Petitioners purchased property from the City under which runs a twenty inch water main that supplies South Troy and Menands. In 2021, petitioners sought release of the right of reacquisition and of the rights of reentry and forfeiture that the City had reserved in the deed given to petitioners. The City offered to release the rights of reacquisition and of forfeiture in return for a restated utility easement which the City drafted. Petitioners declined the offer. Thereafter, in 2023, petitioners made a request for a release of the right of reacquisition only. The City did not respond to that request and petitioners brought an Article 78 proceeding to compel issuance of the release. Judge Jordan of Rensselaer County Supreme Court ruled against the City in the Article 78 proceeding and ultimately awarded costs and attorney’s fees to petitioners. The City thereafter supplied the requested release and assisted the petitioners in recording it. The parties subsequently negotiated and have agreed to compromise the fee award to $6,500.00, thereby avoiding further proceedings to determine the attorney’s fees. The original award was set at $8,677.50 in attorney's fees and $360.47 in costs. It is respectfully recommended that this settlement be approved. The settlement brings finality to this dispute and substantially reduces the amount payable by the City. The case will be terminated in its entirety upon payment of the agreed sum. There will be no interest payable and no admission as to the correctness or reasonableness of the fee award amount. Additionally, each party will be responsible for its own costs of negotiation, and the City will be released from all further liability. The recommendation to settle the fee award is a business decision taken in full consideration of the facts and circumstances of the case, the available defenses to the claim, and the potential for a substantially increased award in further proceedings, as well as the expenditures of further litigation, trial, and appeal. Petitioners understand that the proposed settlement is conditioned upon approval of the City Council. If the terms of the settlement are not approved and fully executed, then the case will be litigated either for return to the Court’s motion and trial calendars for further proceedings and judicial redetermination of the amount of the fee award or an appeal.  ORD33 SETTLEMENT AND RELEASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into as of May 24, 2024 (the “Effective Date”), by and between Troy Riverwalk, LLC and Grand Old Properties, Inc. (together, “Troy Riverwalk”), on the one hand, and the City of Troy, New York, including its former Mayor Patrick Madden (together, the “City”), on the other hand, (Troy Riverwalk and the City each a “Party,” and collectively, the “Parties”). WHEREAS, Troy Riverwalk filed a petition pursuant to Article 78 of the CPLR against the City, in a special proceeding entitled Troy Riverwalk, LLC et al. v. City of Troy et al., No. EF2023-274901 (N.Y. Sup. Ct., Rensselaer County), alleging that the City had failed to provide a written release of its right of reacquisition relating to a certain parcel of real property owned by Troy Riverwalk (“the Proceeding”); and WHEREAS, in the Proceeding, on January 5, 2024, the Court (Jordan, J.) entered a Decision and Order granting Troy Riverwalk’s petition and ordering that the City issue and deliver to Petitioners a deed terminating the City's right of reacquisition with respect to the Property. WHEREAS, on or about January 12, 2024, the City complied with the order, providing Troy Riverwalk a duly executed release of the City’s right of reacquisition; and WHEREAS, on or about February 2, 2024, Troy Riverwalk filed a post judgment motion for attorney's fees and expenses; and WHEREAS, on May 6, 2024, the Court (Jordan, J.) entered a Decision and Order granting Troy Riverwalk’s motion and ordering the City to pay $8,677.50 in attorney's fees and $360.47 in costs (the “Fee Award”); and WHEREAS, the Parties desire to settle all differences, disagreements, and disputes which exist or may exist among them with regard to the Fee Award, and have concluded that it is in each Party’s interest to settle the matter. NOW THEREFORE, in consideration of the above premises and the terms and provisions set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Financial Consideration. The City agrees to pay the gross amount of Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00) (the “Payment”) in full settlement of the Fee Award. The Payment will be made in the form of two checks, $6139.53 for attorney's fees payable to Troy Riverwalk LLC, and a separate check for costs in the amount $360.47, also payable to Troy Riverwalk LLC. 2. The Payment will be made within thirty (30) days of the Effective Date of this Agreement, i.e., on or before June 24, 2024. The Payment includes any and all attorney’s fees, expenses, and costs, and is the only payment contemplated by this Agreement. Upon receipt of the Payment as provided herein Troy Riverwalk shall provide the City with a Satisfaction of Judgment from all petitioners for the benefit of all respondents in form suitable for recording. 1  ORD33 3. Unconditional and Full Release. Except for the agreements, obligations and covenants arising under this Agreement, Troy Riverwalk releases, waives, acquits, and discharges the City and its past or present officers (including former Mayor Patrick Madden), employees, agents, and attorneys (“Released Parties”) with respect to any and all sums of money, accounts, claims, actions, causes of action, demands, damages, suits, costs, expenses, liabilities or other losses, which Troy Riverwalk has or had against the Released Parties related to the Proceeding and the Fee Award. This release is conditioned upon, and shall be null and void and of no force and effect unless Troy Riverwalk receives a fully executed counterpart of this Agreement from the City along with the timely and full Payment provided herein. 4. No Admission with Regard to Fees Award. The Parties understand and agree that this Agreement constitutes a compromise of the Parties’ dispute with regard to the Fee Award. This Agreement shall not be construed as an admission by either side as to the correctness or fairness of the amount owed (including as to any “reasonable rate” or the number of hours worked on the matter by Troy Riverwalk’s attorneys). 5. Mutual Representations and Warranties. The Parties represent and warrant to each other that (i) they have the requisite power and authority to enter into this Agreement and to fully perform the obligations undertaken by them hereunder; and (ii) no other person or entity has, had, or will have any interest in the claims, demands, obligations, or causes of action referred to in this Agreement. Notwithstanding the foregoing, the Parties understand that this Agreement is subject to the approval of the Troy City Council. 6. No Other Representations. Other than as set forth in this Agreement, no Party (nor any agent, employee, representative, or attorney of or for any Party) has made any statement or representation to any other Party regarding any fact relied on in entering into this Agreement, and no Party is relying on any statement, representation or promise of any other Party (or such Party’s agent, employee, representative, or attorney) in executing this Agreement, or in reaching the settlement provided for herein, except as expressly stated in this Agreement. Further, Troy Riverwalk and the City acknowledge that they have made such investigation of the facts and the law pertaining to the matters being settled as they and their respective attorneys deem necessary, and each Party therefore assumes any risk that its understanding of the facts and/or the law is incorrect or incomplete. 7. Consideration. Troy Riverwalk and the City expressly acknowledge and agree that this Agreement has been entered into in good faith in order to resolve the dispute concerning the Fee Award. Troy Riverwalk and the City expressly acknowledge that all terms of this Agreement are supported by good, valid, and legally sufficient consideration so as to make this Agreement binding and valid. 8. Costs. Each Party hereto will bear its own costs, expenses, and attorney’s fees in connection with the preparation and negotiation of this Agreement. 9. Consultation With Counsel. The Parties acknowledge that each has read, understood, and approved this Agreement and has consulted with independent legal counsel regarding this Agreement. Troy Riverwalk and the City agree that they have had equal opportunity to review 2  ORD33 and contribute to the language and format of this Agreement. Therefore, this Agreement shall not be construed against any Party on the basis that such Party was the drafter. 10. Voluntary Agreement. Each Party represents, warrants, and agrees that this Agreement is executed voluntarily and without any duress or undue influence on the Party. The Parties further acknowledge that they enter this Agreement with the intent to be legally bound to its terms. 11. Severability. Should any provision of this Agreement be found, held, declared, determined, or deemed by any court of competent jurisdiction to be void, illegal, invalid, or unenforceable under any applicable statute or controlling law, the legality, validity, and enforceability of the remaining provisions will not be affected and the illegal, invalid, or unenforceable provision will be deemed not to be part of this Agreement. 12. Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior oral or written agreements and understandings between the Parties with respect to the subject matter hereof. This Agreement may not be modified or waived except by a writing signed by both of the Parties hereto. 13. Integration. This Agreement constitutes and contains the entire settlement agreement of Troy Riverwalk and the City with respect to the subject matter hereof, and there are no other agreements, understandings, or representations with respect to this subject matter which are not expressly set forth herein. 14. No Waiver. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the Party or Parties waiving the breach. 15. Section Headings. The paragraph, section and article headings used in this Agreement are intended solely for convenience and reference and shall not in any manner amend, limit, modify, or otherwise be used in the interpretation of any of the provisions of this Agreement. 16. Counterparts. This Agreement may be executed with digital or facsimile signatures in multiple counterparts, each of which shall be deemed an original. The executed counterparts may be delivered by PDF copies sent via email or facsimile and each shall be considered an original. Delivery shall be complete upon receipt of the copies sent via email. [signatures on next page] 3  ORD33 IN WITNESS WHEREOF, the undersigned have duly executed this Agreement. TROY RIVERWALK, LLC THE CITY OF TROY, N.Y.: By: _____________________________ By: _____________________________ Printed Name: _______________________ Printed Name: _______________________ Title: _____________________________ Title: _____________________________ Dated: _____________________________ Dated: _____________________________ GRAND OLD PROPERTIES, INC.: By: _____________________________ Printed Name: _______________________ Title: _____________________________ Dated: _____________________________ 4  RES99 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A HOME CONSORTIUM COOPERATION AGREEMENT WITH THE CITY OF SCHENECTADY AND THE TOWN OF COLONIE WHEREAS, in August 1991, the City of Troy first entered into a three-year Home Consortium Cooperation Agreement with the City of Schenectady and the Town of Colonie in order to fund affordable housing opportunities and to increase the supply of decent and affordable housing for moderate, low, and very-low income individuals and families; and WHEREAS, Home Consortium Cooperation Agreements increase the level of HOME Program funds potentially available for use within each jurisdiction, and thereby increase the combined ability of the municipal corporations to assist in meeting the affordable housing needs of moderate, low, and very-low income individuals and families; and WHEREAS, as a result of the Home Consortium Cooperation Agreement, the City of Troy receives approximately $450,000 of HOME funding annually; and WHEREAS, General Municipal Law Article 5-G authorizes the City of Troy to enter into agreements with other municipalities to carry out any function or responsibility that each has the authority to undertake alone; and WHEREAS, the term of the current Home Consortium Cooperation Agreement expires on June 30, 2024, and the parties desire to renew their agreement for an additional three years to continue to receive the benefits of increased federal HOME Program funding. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes the Mayor to enter into a Home Consortium Cooperation Agreement with the City of Schenectady and the Town of Colonie for the term of July 1, 2024 through June 30, 2027, with automatic renewals thereafter, the Agreement to be in substantial conformity with the agreement attached hereto and similar previous agreements, 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  RES99 MEMORANDUM IN SUPPORT In 1991, Members from the Cities of Schenectady, Troy, and the Town of Colonie created the Schenectady-Troy-Colonie HOME Consortium (STC Consortium). Members began this effort to access HOME Investment Partnerships Program funds from HUD. The funds are allocated to provide affordable housing opportunities for moderate, low, and very low- income individuals and families within our Member jurisdictions. The City of Schenectady acts as the Lead Entity and retains primary responsibility for ensuring compliance with HOME Program regulations and provides reporting to HUD. The STC Consortium funds a variety of activities to acquire, rehabilitate, or construct affordable housing, or to provide assistance to low-income homebuyers or renters through partnerships with community non-profit, private organizations, Community Housing Development Organizations (CHDOs) and developers. Funds are distributed in accordance with the STC Consortium’s HOME Program Consolidated Plan. Applicants access funds by applying directly to the Member jurisdiction in which the proposed HOME eligible program or project is located. The STC Consortium has received approximately $41,222,513.00 (since 1992) to provide affordable housing opportunities and has completed over 2,242 units of affordable housing throughout our jurisdictions. As per the STC Consortium Agreement, the municipalities have agreed to distribute the annual allocation utilizing the following formula: Schenectady 50%, Troy 40%, Colonie 10%. The current total HUD Allocation for Funding Year 24 (7/1/24 - 6/30/25) is $1,093,420.00. The City of Troy expects to receive $437,368.00 which will be distributed as follows: • CHDO Set-Aside Projects - $272,368.00 The City works with a certified Community Housing Development Organization (CHDO) to undertake new construction projects or perform rehabilitation on properties that will be sold to low- and moderate-income individuals. Our most recent project included 4 new construction single family homes on River Street with Habitat for Humanity of the Capital District as the developer. • Homeowners Incentive Program (HIP) - $150,000.00 The City funds a grant program for first time homebuyers, which is administered through the Troy Rehabilitation and Improvement Program (TRIP). Grants are provided to low- and moderate-income individuals to cover down payments and closing costs. • Program Administration Costs - $15,000.00 Funds are utilized to cover the costs of performing the administrative requirements of the HOME program, as requested by the City of Troy and by the United States Department of Housing and Urban Development (HUD).  RES99 SCHENECTADY-TROY-COLONIE HOME INVESTMENT PARTNERSHIPS ACT HOME CONSORTIUM COOPERATION AGREEMENT THIS HOME Consortium Cooperation Agreement (AGREEMENT) is entered into and shall be effective as of July 1, 2024 through June 30, 2027, by and between the City of Schenectady, hereinafter referred to as “Schenectady,” the City of Troy, hereinafter referred to as “Troy,” and the Town of Colonie, hereinafter referred to as “Colonie,” and each being known as a “Member” of the Schenectady-Troy-Colonie HOME Consortium and a Municipal Corporation of the State of New York. WITNESSETH WHEREAS, pursuant to Subtitle A of Title II of the Cranston-Gonzalez National Affordable Housing Act (NAHA), as amended, (“Federal Statute”) and the regulations thereunder (“Federal Regulations") and; WHEREAS, the Federal Government needs to increase the supply of decent and affordable housing for moderate, low and very-low income individuals and families and has provided the Home Investment Partnerships Program (HOME Program) administered by the U.S. Department of Housing and Urban Development (HUD) through regulations at Title 24, Code of Federal Regulations, Part 92 (HOME Program regulations) to fund affordable housing opportunities; and WHEREAS, said regulations allow units of general local governments to form consortia for the purposes of obtaining funds under the HOME Program; and WHEREAS, Schenectady, Troy, and Colonie are geographically contiguous units of local government and, thereby, eligible to form a Consortium under said regulations; and WHEREAS, the Members have statutory authority under the laws of the State of New York and sufficient administrative capabilities to conduct the purposes of the HOME Program on behalf of their respective jurisdictions; and WHEREAS, in August 1991, the Members determined that continuing as a Consortium would increase the level of HOME Program funds potentially available for use within their jurisdictions, and thereby increase the combined ability of the Municipal Corporations to assist in meeting the affordable housing needs of moderate, low and very-low-income individuals and families; and WHEREAS, the Federal Law allows for the Members to enter into an AGREEMENT for each three-year qualification period and to automatically renew that relationship prior to the successive qualification period; and WHEREAS, the Members desire to continue to receive the benefits of this AGREEMENT: NOW THEREFORE, the Members agree as follows: 1  RES99 SECTION I: GENERAL PROVISIONS A. The Members agree to cooperate to undertake housing assistance activities in compliance with the Federal HOME statute and regulations as identified in Title 24, Part 92 (HOME Program) of the Code of Federal Regulations. B. Lead Entity: Troy and Colonie hereby authorize Schenectady to act as the Consortium’s Lead Entity for the purposes of administering the HOME program. Schenectady will assume overall responsibility for ensuring that the Consortium’s HOME Program activities are conducted in compliance with HOME rules, including requirements related to the Consolidated Plan and this AGREEMENT. No Consortium Member may obstruct the implementation of the Consortium’s HUD approved Consolidated Plan. C. Each Consortium Member agrees to affirmatively further fair housing. D. The Members agree to direct their activities to the alleviation of housing problems within their respective jurisdictions. E. Annual HOME Allocation Distribution: the Members agree to distribute all funds obtained annually under this program using the following formula: Schenectady 50%, Troy 40%, and Colonie 10%, representing the annual Schenectady-Troy-Colonie HOME Consortium allocation, with each Member retaining up to 10% of their respective HOME allocation for administrative activities, the remainder of HOME funds are to be allocated to program and project activities. Each Member will manage HOME funded programs and projects within their own jurisdiction. F. CHDO Set-aside: HOME requires a Community Housing Development Organization (CHDO) set-aside of 15% of the annual HOME allocation awarded to the Consortium. The Members will meet or exceed the 15% cap. The set-aside must fund housing developed, sponsored or owned by CHDOs. CHDO eligibility and certification (on a project-by-project basis) will be done by the Member jurisdiction in which the CHDO project is located. Each Member jurisdiction will have the authority to select CHDO partners and those who will oversee CHDO projects within its jurisdiction. G. Program Income: the Members agree that all program income, recaptured and repaid funds generated from HOME funded activities shall be reprogrammed towards eligible HOME activities within the member jurisdiction from whence the program income was generated. All program or project income (proceeds of sale, unexpended funds, recaptured or repaid funds or other assets, interest income, or other income) deriving from HOME funds provided in this AGREEMENT received by the Member must be accounted for with Schenectady within thirty (30) days of receipt. The program income may be retained by the Member in their HOME Local account to expend on the next eligible HOME payment request submitted within its jurisdiction. Members must make all efforts to expend the program income within its jurisdiction within the quarter it is received. If the Member is unable to expend the program income within the quarter, the funds will be expended on the next eligible HOME payment request, regardless of the jurisdiction in which the program income was generated. 2  RES99 In all cases, program income funds shall be expended prior to draws from the US Treasury HOME Program Line of Credit. Based on unanimous input and consent of all Members, if a Member is unable to reprogram the program income for their own jurisdiction’s activities, it shall notify the other Members to ascertain if the funds can be reprogrammed to a new program or project, or one that is currently expending funds within the jurisdictions. H. Quarterly Consortium Meetings: the Members agree to communicate quarterly to review the status of HOME Program activities and the progress of each Member in committing and expending HOME funds. I. Members will continue to adhere to their jurisdiction’s local codes and standards and acknowledge they are subject to federal regulations for addressing lead-based paint hazards. J. HOME Match: to meet the 25% HOME match requirement, each Member jurisdiction must contribute (as applicable by activity), non-federal match based on the annual allocation distribution formula. K. Monitoring: The Lead Entity has the right and responsibility to monitor and assure compliance with HOME requirements during program or project implementation and during the period of affordability. The right of the Lead Entity to re-allocate HOME funds from Member jurisdictions for non-performance or non-compliance shall be enforced by this AGREEMENT. L. The Consortium may, at its sole discretion, outside of its normal request for proposal process, with unanimous input and consent of all Members, directly fund special projects and/or eligible HOME activities that demonstrate need and viability to provide affordable housing opportunities within the jurisdictions. Members may partner jurisdiction-wide to increase the supply of affordable housing opportunities within their communities. SECTION 2: COMPLIANCE WITH FEDERAL REGULATIONS All Members of this Consortium agree to comply with the applicable portions of: CFR, Title 24, Part 92 HOME Investment Partnerships Program; the Housing and Community Development Act of 1974 as amended; CFR Title 24, Part 5; Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1968; Section 3 of the Housing and Urban Development Act of 1968; Executive Orders 11246, 11063, and 11593, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) implemented through Executive Order 11514 (3 CFR, 1966-1970 Comp., p. 902) as amended by Executive Order 11991 (3 CFR, 1977 Comp., p. 123) and the implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1508), and 24 CFR Parts 50, 51, 55,and 58 as applicable and Section 288 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12838), The Archeological and Historical Preservation Act of 1974; the Architectural Barriers Act of 1968; the Hatch Act, Chapter 15 Title 5 U.S.C.; the Flood Disaster Protection Act of 1974; the Clean Air Act (42 U.S.C., Section 1251 et seq.); the Drug-Free Workplace Act of 1988 and any other applicable Federal Law required under the HOME Program. 3  RES99 SECTION 3: TERM OF AGREEMENT A. This AGREEMENT shall remain in full force and effect from the date of execution, for the period necessary to conduct all activities funded during the renewal period federal fiscal years: July 1, 2024 through June 30, 2027. Members are prohibited from withdrawing from this AGREEMENT during the full three (3) year period. B. This AGREEMENT must, at a minimum, remain in effect until the HOME funds received by the Members during each of the federal fiscal years of the qualification period, and each successive qualification period for which the AGREEMENT is renewed, are expended on eligible activities, or returned to HUD. Members have an obligation to abide by HOME requirements throughout the period of affordability for funded projects. C. Program Year: for the purposes of this Agreement, the Program Year begins on July 1, 2024, and continues annual basis from those dates for the duration of this AGREEMENT through June 30, 2027. D. Automatic Renewal Provisions: 1. The Members agree that this AGREEMENT shall be renewed, automatically, for the Consortium’s participation in successive qualification periods of three (3) federal fiscal years each after the expiration of the current qualification period and continuing hereafter. 2. If a Member to this AGREEMENT decides not to participate in the Consortium for the next qualification period, the Member shall notify Schenectady at least 60 days prior to the beginning of the new qualification period. Schenectady will notify the HUD Field Office of this decision prior to the beginning of the new qualification period. 3. Before the beginning of each new qualification period, Schenectady shall submit to the HUD Field Office, a statement of whether or not any amendments have been made to this AGREEMENT, a copy of each amendment to this AGREEMENT, and, if the Consortium’s membership has changed, the state certification required under 24 CFR Part 92.101(a)(2)(i). The Consortium shall adopt any amendments to this AGREEMENT that are necessary to meet HUD requirements for this AGREEMENT in successive qualification periods. 4. The automatic renewal of the AGREEMENT will be void if: Schenectady fails to notify a Member of the HUD field office as required under this automatic renewal provision or Schenectady fails to submit a copy of each amendment to this AGREEMENT as required under this automatic renewal provision. SECTION 4: AMENDMENTS A. The decision to add new Consortium members shall be undertaken based on the unanimous input and consent of all Members. 4  RES99 B. Amendments to this AGREEMENT shall be made based on the unanimous input and consent of all Members. C. The Members agree to jointly develop the language of amendments for approval by the governing body of each Member. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly authorized and executed by each Member on the date below specified: CITY OF SCHENECTADY, NEW YORK By: Date Gary R. McCarthy, Mayor City of Schenectady Reviewed: By: Date City of Schenectady, Corporation Counsel STATE OF NEW YORK) COUNTY OF SCHENECTADY) ss: On the day of , in the year 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Gary R. McCarthy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public [SIGNATURES TO FOLLOW] 5  RES99 CITY OF TROY, NEW YORK By: Date Carmella R. Mantello, Mayor, City of Troy Reviewed: By: Date City of Troy, Corporation Counsel STATE OF NEW YORK) COUNTY OF RENSSELAER) ss: On the day of , in the year 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Carmella R. Mantello personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public TOWN OF COLONIE, NEW YORK By: Date Peter G. Crummey, Supervisor, Town of Colonie Reviewed: By: Date Town of Colonie Legal Counsel STATE OF NEW YORK) COUNTY OF ALBANY) ss: On the day of , in the year 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter G. Crummey, personally known to me, or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 6