City Council

TROY CITY COUNCIL FINANCE MEETING AGENDA August 21st, 2025 6:00 P.M. Pledge of Allegiance Roll Call Public Forum Presentation of Agenda ORDINANCES 37. Ordinance Amending The 2025 Capital Fund Budget (Council Member Casey) (At The Request Of The Administration) 38. Ordinance Amending The 2025 Capital Fund Budget (Council President Steele, Council Member Casey) (At The Request Of The Administration) 39. Ordinance Amending The 2025 Capital Fund Budget (Council President Steele, Council Member Casey) (At The Request Of The Administration) 40. Ordinance Amending The 2025 Capital Fund Budget (Council Member Keal) (At The Request Of The Administration) 41. Ordinance Amending The 2025 Capital Fund Budget (Council Member Casey) (At The Request Of The Administration) 42. Ordinance Amending The 2025 Capital Fund Budget (Council President Steele, Council Member Casey) (At The Request Of The Administration) RESOLUTIONS 89. Resolution Appointing Commissioners Of Deeds For The City Of Troy (Council President Steele, Council Member Casey) 90. Resolution Authorizing The Mayor To Enter Into An Agreement With Municipal Emergency Services, Inc., For The Purchase Of Rae Gas Detection Monitors Through NPPGOV Contract #PS20040 And League Of Oregon Cities RFP #1910, For Use Of The Troy Fire Department (Council Member Casey) (At The Request Of The Administration) 1 91. Resolution Authorizing The Mayor To Enter Into An Agreement With Vander Molen, Inc., Distributor For P.L. Custom Body And Equipment Co., Inc., For The Purchase Of A 2025 Ford E-450 P.L. Custom Medallion 170” Modular Ambulance (#25-4805) Through The Sourcewell Consortium (Council Member Casey) (At The Request Of The Administration) 2  ORD37 ORDINANCE AMENDING THE 2025 CAPITAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2025 budget is hereby amended as set forth in Schedule A entitled: 2025 Budget Amendment(s) – Capital Projects Water- Eddy’s Lane Pump which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2025 Richard T. Morrissey, Acting Corporation Counsel  ORD37 Carmella Mantello Michael McNeff Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: August 21, 2025 To: Troy City Council From: Michael McNeff, City Comptroller Re: 2025 Budget Amendment(s) – Capital Projects Water – Eddys Lane Pump Additional funding for this project was authorized by Troy City Council Resolution No. 72, approved on June 16, 2025. This Ordinance appropriates the monies authorized by that resolution.  Schedule A ORD37 2025 Budget Amendment(s) – Capital Projects Water - Eddys Lane Pump Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget Capital Projects Fund Revenues 2025 Capital Plan Water Fund H.8320.5731.0702.0000 BANs Redeemed $ - $ 1,500,000 $ 1,500,000 1 - - - 0.00 0 0 Total General Fund Budget Expenditure Increase $ 1,500,000 Expenditures 2025 Capital Plan Water Fund H.8320.0200.0702.0000 Eddy Lane Equip & Capital Outlay $ - $ 1,500,000 $ 1,500,000 1 Total General Fund Budget Expenditure Increase $ 1,500,000 Net Impact On General Fund $ -  ORD38 ORDINANCE AMENDING THE 2025 CAPITAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2025 budget is hereby amended as set forth in Schedule A entitled: 2025 Budget Amendment(s) – Capital Projects Water- Corrosion Control which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2025 Richard T. Morrissey, Acting Corporation Counsel  ORD38 Carmella Mantello Michael McNeff Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: August 21, 2025 To: Troy City Council From: Michael McNeff, City Comptroller Re: 2025 Budget Amendment(s) – Capital Projects Water – Corrosion Control Additional funding for this project was authorized by Troy City Council Resolution No. 70, approved on July 24, 2023. This Ordinance appropriates the monies authorized by that resolution.  Schedule A ORD38 2025 Budget Amendment(s) – Capital Projects Water - Corrosion Control Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget Capital Projects Fund Revenues 2025 Capital Plan Water Fund H.8320.5731.0703.0000 BANs Redeemed $ - $ 1,500,000 $ 1,500,000 1 - - - 0.00 0 0 Total General Fund Budget Expenditure Increase $ 1,500,000 Expenditures 2025 Capital Plan Water Fund H.8340.0200.0703.0000 Corrosion Control - Equip & Capital Outlay $ - $ 1,500,000 $ 1,500,000 1 Total General Fund Budget Expenditure Increase $ 1,500,000 Net Impact On General Fund $ -  ORD39 ORDINANCE AMENDING THE 2025 CAPITAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2025 budget is hereby amended as set forth in Schedule A entitled: 2025 Budget Amendment(s) – Capital Projects Water- Lead Replacement II which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2025 Richard T. Morrissey, Acting Corporation Counsel  ORD39 Carmella Mantello Michael McNeff Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: August 21, 2025 To: Troy City Council From: Michael McNeff, City Comptroller Re: 2025 Budget Amendment(s) – Capital Projects Water – Lead Replacement II Additional funding for this project was authorized by Troy City Council Resolution No. 132, approved on September 5, 2024. This Ordinance appropriates the monies authorized by that resolution.  Schedule A ORD39 2025 Budget Amendment(s) – Capital Projects Water - Lead Replace II Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget Capital Projects Fund Revenues 2025 Capital Plan Water Fund H.8320.5710.0701.0000 Serial Bonds $ - $ 3,500,000 $ 3,500,000 1 - - - 0.00 0 0 Total General Fund Budget Expenditure Increase $ 3,500,000 Expenditures 2025 Capital Plan Water Fund H.8340.0200.0701.0000 Lead Replace Phase 2 - Equip & Capital Outlay $ - $ 3,500,000 $ 3,500,000 1 Total General Fund Budget Expenditure Increase $ 3,500,000 Net Impact On General Fund $ -  ORD40 ORDINANCE AMENDING THE 2025 CAPITAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2025 budget is hereby amended as set forth in Schedule A entitled: 2025 Budget Amendment(s) – Capital Projects Recreation which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2025 Richard T. Morrissey, Acting Corporation Counsel  ORD40 Carmella Mantello Michael McNeff Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: August 21, 2025 To: Troy City Council From: Michael McNeff, City Comptroller Re: 2025 Budget Amendment(s) – Capital Projects Recreation Additional funding for this project was authorized by Troy City Council Resolution No. 25, approved on May 01, 2025. This Ordinance appropriates the monies authorized by that resolution.  Schedule A ORD40 2025 Budget Amendment(s) – Capital Projects Recreation Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget Capital Projects Fund Revenues 2025 General Fund Capital Plan Recreation H.7110.5731.0651.0000 BANS Redeemed $ - $ 5,800,000 $ 5,800,000 1 - - - 0.00 0 0 Total General Fund Budget Expenditure Increase $ 5,800,000 Expenditures 2025 General Fund Capital Plan Recreation H.7110.0204.0651.0000 Facility Upgrades - New Knick Pool $ - $ 5,800,000 $ 5,800,000 1 Total General Fund Budget Expenditure Increase $ 5,800,000 Net Impact On General Fund $ -  ORD41 ORDINANCE AMENDING THE 2025 CAPITAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2025 budget is hereby amended as set forth in Schedule A entitled: 2025 Budget Amendment(s) – Capital Projects General Fund FD which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2025 Richard T. Morrissey, Corporation Counsel  ORD41 Carmella Mantello Michael McNeff Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: August 21, 2025 To: Troy City Council From: Michael McNeff, City Comptroller Re: 2025 Budget Amendment(s) – Capital Projects-General Fund FD Additional funding for these projects was authorized by Troy City Council Resolution No. 17, approved on March 2, 2023, & by Resolution Nos. 62, 66, 68, 74, and 76, approved on June 16, 2025. This Ordinance appropriates the monies authorized by those resolutions.  Schedule A ORD41 2025 Budget Amendment(s) – Capital Projects General Fund FD Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget Capital Projects Fund Revenues 2025 General Fund Capital Plan H.3410.5731.0699.0000 BANs Redeemed $ - $ 2,520,599 $ 2,520,599 1 2025 General Fund Capital Plan H.3410.5731.0700.0000 BANs Redeemed - 600,000 600,000 0.00 0 0 Total General Fund Budget Expenditure Increase $ 3,120,599 Expenditures 2025 General Fund Capital Plan- FD H.3410.0202.0699.2002 FD-Vehicles (Amb) $ - $ 350,000 $ 350,000 1 2025 General Fund Capital Plan- FD H.3410.0204.0699.2004 FD-Facility Upgrades 0.00 650,000 650,000 1 2025 General Fund Capital Plan- FD H.3410.0204.0699.2006 FD-Facility Upgrades -Station 6 0.00 100,000 100,000 1 2025 General Fund Capital Plan- FD H.3410.0203.0699.0000 FD-Equipment-Radios 0.00 535,826 535,826 1 2025 General Fund Capital Plan- FD H.3410.0202.0699.2003 FD Pumper 0.00 884,773 884,773 1 2025 General Fund Capital Plan- FD H.3410.0206.0700.0000 New Firehouse Lansingburgh 0.00 600,000 600,000 3 Total General Fund Budget Expenditure Increase $ 3,120,599 Net Impact On General Fund $ -  ORD42 ORDINANCE AMENDING THE 2025 CAPITAL FUND BUDGET The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy 2025 budget is hereby amended as set forth in Schedule A entitled: 2025 Budget Amendment(s) – Capital Projects 2025 Street Paving which is attached hereto and made a part hereof. Section 2. This Ordinance shall take effect immediately. Approved as to form ____________________, 2025 Richard T. Morrissey, Acting Corporation Counsel  ORD42 Carmella Mantello Michael McNeff Mayor City Comptroller Seamus Donnelly Deputy Mayor Office of the Comptroller City Hall 433 River Street Troy, New York 12180 Date: August 21, 2025 To: Troy City Council From: Michael McNeff, City Comptroller Re: 2025 Budget Amendment(s) – Capital Projects 2025 Street Paving Additional funding for these projects was authorized by Troy City Council Resolution No. 70, approved on June 16, 2025. This Ordinance appropriates the monies authorized by that resolution.  Schedule A ORD42 2025 Budget Amendment(s) – 2025 Street Paving Original Change Revised Department Account No. Description Reference Budget* (+/-) Budget Capital Projects Fund Revenues Reimbursable Street Paving H.5000.3501.0671.0001 CHIPS 0.00 1,395,164.25 1,395,164.25 1 Reimbursable Street Paving H.5000.3501.0671.0002 PAVE NY 0.00 319,502.95 319,502.95 1 Reimbursable Street Paving H.5000.3501.0671.0003 EWR 0.00 220,004.29 220,004.29 1 Reimbursable Street Paving H.5000.3501.0671.0004 STR 0.00 5,190,778.46 5,190,778.46 1 Reimbursable Street Paving H.5000.3501.0671.0005 POP 0.00 213,001.97 213,001.97 1 Total Capital Projects Fund Budget Revenue Increase 7,338,451.92 Expenditures Reimbursable Street Paving H.5197.0200.0671.0001 CHIPS 0.00 1,395,164.25 1,395,164.25 1 Reimbursable Street Paving H.5197.0200.0671.0002 PAVE NY 0.00 319,502.95 319,502.95 1 Reimbursable Street Paving H.5197.0200.0671.0003 EWR 0.00 220,004.29 220,004.29 1 Reimbursable Street Paving H.5197.0200.0671.0004 STR 0.00 5,190,778.46 5,190,778.46 1 Reimbursable Street Paving H.5197.0200.0671.0005 POP 0.00 213,001.97 213,001.97 1 Total Capital Projects Fund Budget Expenditure Increase 7,338,451.92 Net Impact On Capital Projects Fund 0.00 * Or as previously amended  RES89 RESOLUTION APPOINTING COMMISSIONERS OF DEEDS FOR THE CITY OF TROY BE IT RESOLVED, that the Troy City Council hereby appoints James Morgan and Kathleen Donovan, whose unredacted applications are on file with the Troy City Clerk and whose eligibility for appointment under Executive Law § 139 has been confirmed, as Commissioners of Deeds for the City of Troy, for a two-year term beginning on August 22, 2025, and ending on August 21, 2027. Approved as to form, ________________________, 2025 ______________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES89 RES89  RES90 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MUNICIPAL EMERGENCY SERVICES, INC., FOR THE PURCHASE OF RAE GAS DETECTION MONITORS THROUGH NPPGOV CONTRACT #PS20040 AND LEAGUE OF OREGON CITIES RFP #1910, FOR USE OF THE TROY FIRE DEPARTMENT WHEREAS, the Troy Fire Department regularly uses RAE gas detection monitors to determine the presence of hazardous gases during emergency responses for the protection of both firefighters and the public; and WHEREAS, many of the Fire Department’s gas monitors have exceeded their recommended service life and have increased maintenance needs, making replacement necessary to ensure accurate and reliable readings as well as safety on the fire ground; and WHEREAS, the City of Troy is a member of the National Purchasing Partners Government Division Purchasing Consortium (“NPPGOV”) and can procure certain firefighting equipment, including RAE gas detection monitors, at a discount pursuant to NPPGov Contract #PS20040 and the League of Oregon Cities RFP #1910; and WHEREAS, Municipal Emergency Services, Inc., is an authorized vendor of firefighting equipment under NPPGov Contract #PS20040 and has provided a discounted quote in the amount of Thirty-Nine Thousand Three Hundred Thirty-Two Dollars and Forty-Eight Cents ($39,332.48) for the purchase of fourteen new RAE gas detection monitors under this contract and pursuant to RFP #1910. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes the Mayor to enter into a contractual agreement with Municipal Emergency Services, Inc., for the purchase of fourteen new RAE gas detection monitors for the Troy Fire Department through NPPGov Contract #PS20040, League of Oregon Cities RFP #1910, the agreement to be in substantial conformity with the quote and purchase agreement attached hereto, subject to review and approval by the 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, ______________________ , 2025 _____________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES90  RES90 AGREEMENT BETWEEN THE CITY OF TROY, NEW YORK AND MUNICIPAL EMERGENCY SERVICES, INC. This AGREEMENT made and entered into this _____ day of _________2024, hereinafter called the “AGREEMENT”, the “CONTRACT” or the “AGREEMENT & CONTRACT”, by and between the City of Troy, New York, a municipal corporation with principal offices located at 433 River Street, Suite 5000, City Hall, Troy, New York, 12180 hereinafter called the “City” and Municipal Emergency Services, Inc. with principal offices located at 12 Turn berry Lane. 2nd Floor, Sandy Hook, CT 06482 hereinafter called the “vendor” or “contractor”. WITNESSETH: WHEREAS, the City of Troy desires to obtain the product of the Vendor and WHEREAS, the Vendor desires to furnish and deliver its product to the City and WHEREAS, the City and the Vendor have determined to enter into this agreement and NOW, THEREFORE, in consideration of the mutual promises and covenants herein set forth, and in order to secure the services described below, the parties hereto, each binding itself, its respective representatives, successors, and assigns, do mutually agree as follows: Section 1: General Provisions: 1.1 Service to Troy The Vendor shall furnish RAE Gas Meters as provided in League of Oregon Cities Bid Documents- npp.gov. Contract #PS 20040 hereinafter called the “DOCUMENTS” within the time frames, if any set out in the documents. Section 2: Term: 2.1 Term This agreement shall commence on _______________, 2025 and shall terminate after delivery has been accepted by the City of Troy Fire Department and full payment to Municipal Emergency Services, except that any warranties and indemnification obligations survive. In the event the Vendor is unable to deliver or fails to deliver the product, as required by the Bid Proposal, the City shall have the right to purchase the same or similar product from a different source. Any additional costs and/or expenses incurred by the City by reason of the purchase from a different source shall be reimbursed to the City by the Vendor, immediately upon receipt by the Vendor of a letter from the City, setting forth the additional costs and/or expenses. All bidding/proposal documents issued by League of Oregon Cities shall be considered part of this contract. Section 3: Payment: 3.1 Payment Payment for the RAE Gas Meters under this Agreement, The City of Troy shall purchase and pay for the items from the vendor Municipal Emergency Services, the amount of Thirty-Nine Thousands Three Hundred and Thirty-Two Dollars and Forty-Eight Cents (39,332.48). 3.2 Executory Clause In accordance with Section 41 of the State Finance Law, the City shall have no  RES90 liability under this Contract to the Vendor or to anyone else beyond funds appropriated and available for this Contract. 3.3 Non Assignment Clause In accordance with Section 138 of the State Finance Law, this Agreement may not be assigned by the Vendor or its right, title or interest therein assigned, transferred conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the City and any attempts to assign the Contract without the City’s written consent are null and void. The Vendor may, however, assign its right to receive payment without the City’s prior written consent unless this Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. Section 4: Workers’ Compensation Benefits: 4.1 Workers’ Compensation Benefits In accordance with Section 142 of the State Finance Law, this Contract shall be void and of no force and effect unless the Vendor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation Law. Section 5: Non Discrimination Requirements: 5.1 Non Discrimination Requirements In accordance with Article 15 of the Executive Law ( also known as the Human Rights Law ) and all other State and Federal statutory and constitutional non-discrimination provisions, the Vendor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-c of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this Contract shall be performed within the State of New York, Vendor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this Contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Vendor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex, or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this Contract. Vendor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 229 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. Section 6: Wage and Hours Provision: 6.1 Wage and Hours Provisions If this is a public work contract covered by Article 8 of the Labor Law or a  RES90 building service contract covered by Article 9 thereof, neither Vendor’s employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Vendor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Section 7: Non-Collusive Bidding Requirement: 7.1 Non-Collusive Bidding Requirement In accordance with Section 139-d of the State Finance Law, if this Contract was awarded based upon the submission of bids, Vendor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Vendor further warrants that, at the time Vendor submitted its bid, an authorized and responsible person executed and delivered to the City a non-collusion bidding certificate on Vendor’s behalf. Section 8: Identifying Information and Privacy Notification: 8.1 Federal Employer Identification Number and/or Federal Social Security Number All invoices or City of Troy standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to the City must include the payee’s identification number, i.e., the seller’s or lessor’s identification number. The number is either the payee’s Federal employer identification number or Federal social security number when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does have such number or numbers, the payee, on its invoice or City of Troy standard voucher, must give the reason or reasons why the payee does not have such number or numbers. Section 9: Equal Employment Opportunities for Minorities and Women: 9.1(a) In accordance with Section 312 of the Executive law: The vendor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 9.1 (b) In accordance with Section 312 of the Executive law: At the request of the City, the Vendor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Vendor’s obligations  RES90 herein; and the Vendor shall state in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Section 10: Conflicting Terms: 10.1 Conflicting Terms All Bidding/Proposal documents issued by League of Oregon Cities shall be considered part of this contract. In the event of a direct conflict between the terms of this executed agreement (including any written amendments and attachments here to) and other contract documents, the terms of the executed agreement shall control. Section 11: Governing Law: 11.1 Governing Law This Contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 11.2 Venue Venue for any dispute arising out of this agreement shall be in Rensselaer County Supreme Court or the U.S. District Court for the Northern District of New York. Section 12: Service of Process: 12.1 Service of Process In addition to the methods of service allowed by the State Civil Practice Law & Rules (“CPLR”), Vendor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Vendor’s actual receipt of process or upon the State’s receipt of the return thereof by the United States Postal Service as refused or undeliverable. Vendor must promptly notify the City, in writing, of each and every change of address to which service of process can be made. Service by the City to the last known address shall be sufficient. Vendor will have thirty (30) calendar days after service hereunder is complete in which to respond. Section 13: Miscellaneous Provisions: 13.1 Amendment The provisions, terms, and conditions of this Contract shall be modified, amended, waived, or additional terms entered into, only upon mutual agreement in writing between both parties. Section 14: Insurance: Contractor shall procure and maintain insurance for protection from all claims arising out of Contractor’s services, work, operations, and activities. Contractor must have adequate insurance coverage for all claims arising out of or in consequence of the acts and omissions of the Contractor, or any subcontractor of the Contractor, including but not limited to claims for damages for death, bodily injury, or property damage, of any kind or nature. The City of Troy (including its officers, agents, and employees) shall be named Additional Insured on Contractor’s policies of insurance. There shall be no material undisclosed policy exclusions or exceptions on the required insurance coverages.  RES90 Contractor will procure and maintain at its own expense: 1. Commercial general liability and contractual liability on an occurrence basis for all personal and bodily injuries and property damage, with minimum coverage limits of One Million Dollars ($1,000,000) for each occurrence/Two Million Dollars ($2,000,000) general aggregate per project/location. a. Liability insurance policies will not be accepted that: i. Remove or restrict blanket contractual liability located in the “insured contract” definition (as stated in Section V, Number 9, Item f in the ISO CGL policy or equivalent) so as to limit coverage against claims that arise out of work; or ii. Remove or modify the “insured contract” exception to the employers liability exclusion; or iii. Do not cover the Additional Insured for claims involving injury to employees of the named insured or its subcontractors or their employees. b. Contractor shall require that its subcontractors carry insurance with the same limits and provisions as provided herein. Contractor will maintain certificates of insurance for all subcontractors as part of the Contractor’s records. 2. Professional Liability/Errors & Omissions coverage of at least One Million Dollars ($1,000,000) for each occurrence/Two Million Dollars ($2,000,000) aggregate per project/location or claim. 3. Workers compensation insurance as required by law, employer's liability insurance, and statutory disability benefits insurance as required by law. 4. Comprehensive motor vehicle liability coverage on owned, hired, leased, or non-owned motor vehicles with coverage limits of not less than One Million Dollars ($1,000,000) combined for each accident, for bodily injury, sickness, or disease sustained by any person, caused by accident, and arising out of the ownership, maintenance, or use of any motor vehicle, as well as for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance, or use of any motor vehicle. 5. Commercial umbrella insurance coverage at maximum policy limits with minimum coverage of Five Million Dollars ($5,000,000). 6. All Risk Property Coverage – Contractor shall secure, pay for at its sole cost and maintain whatever All Risk Property Coverage Insurance Contractor may deem necessary to protect Contractor against loss of owned or rental capital equipment and tools. The requirement to secure and maintain such insurance is solely for the benefit of the Contractor. Contractor’s failure to secure such insurance and/or to maintain adequate levels of coverage shall not obligate the City of Troy, its agents or employees, for any losses. Any such insurance policy shall include a waiver of subrogation clause as follows: “It is agreed that in no event shall this insurance company have any right to recover against the City of Troy and the City of Troy is to be held harmless by the Insured and this Insurance carrier. 7. Pollution/Environmental Coverages as required by Corporation Counsel (If applicable). Each and every policy of insurance required by this Agreement shall be in form and content satisfactory to the City of Troy Corporation Counsel, and shall provide:  RES90 1. Additional Insured. The City of Troy (including its officers, agents, and employees) shall be named Additional Insured on all coverage including premises operations and completed operations on a primary and non-contributing basis for all policies and coverages, including but not limited to the umbrella insurance coverage. The Additional Insured shall be held harmless and indemnified from any and all claims arising out of or in consequence of the Contractor’s services, work, operations, or activities under this Agreement or in any way arising out of or in consequence of the Contractor’s acts or omissions. 2. Per Project Aggregate. The insurance policies shall cover premises operations and completed operations on a per project basis. 3. Waiver of Subrogation. As to every type and form of insurance coverage required from the Contractor, there shall be no right of subrogation against the City of Troy, its officers, agents, or employees. If any of Contractor’s policies of insurance prohibit such a waiver of subrogation, Contractor shall secure the necessary authorization from its insurance carrier to make this waiver effective. 4. Waiver of Indemnities. The Contractor waives any right of action it and/or its insurance carrier might have against the City of Troy (including its officers, agents, or employees) to be indemnified for any type of loss that is required by this Agreement to be covered by a policy of insurance, whether or not such loss is insured. 5. The Certificate of Insurance shall be in form and content satisfactory to the City of Troy Corporation Counsel. All referenced forms shall be provided with the Certificate. Additional information, including without limitation complete policies, shall be provided to the Corporation Counsel upon request. 6. The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Troy Corporation Counsel’s Office. 7. The insurance policies shall be renewed upon expiration and continued in force unless the City of Troy Corporation Counsel's Office is given thirty (30) days written notice to the contrary. No services, work, operations, or activities shall be commenced under this Agreement until the Contractor has delivered to the City proof of issuance of all policies of insurance required by the Agreement to be procured. If at any time, any of the insurance policies shall be or become unsatisfactory to the City, Contractor shall promptly obtain a satisfactory policy and submit proof of the same to the City for approval. Upon failure of Contractor to furnish, deliver, and maintain satisfactory insurance as provided above, this Agreement may, at the election of the City, be suspended, discontinued, or terminated. Failure of Contractor to procure and maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning defense and indemnification. In the event that any part of the services, work, operations, or activities described in this Agreement is performed by an approved subcontractor of the Contractor, all of the insurance requirements of this Agreement shall be incorporated into the subcontract agreement with no additional exclusions or exceptions from coverage whatsoever. Subcontractor insurance requirements shall include but not be limited to the requirements for Workers’ Compensation, Commercial General Liability, Umbrella Liability, and as applicable, Commercial Auto and/or Professional Liability. Contractor shall require that each and every subcontractor shall produce a Certificate of Insurance meeting all of the requirements of the City and documenting the required insurance coverages. A subcontractor’s Certificate of Insurance in form acceptable to the City shall be provided to the City before that subcontractor may commence performance. The carrying of insurance as required by this Agreement shall in no way relieve the Contractor, or its subcontractors, of any other responsibility or liability under this Agreement.  RES90 The City of Troy reserves the right to reject any bid/proposal from any bidder/proposer if their General Liability and /or Auto Liability Insurance has a Deductible or Self-Insured retention greater than $10,000.00. The City of Troy Corporation Counsel, in his or her sole discretion, may approve in writing a variance from the insurance requirements herein for good and sufficient reason. Section 15: Termination For Cause: The City of Troy reserves the right to terminate this contract at any time for cause. The violation of any provision or condition contained in this contract, or the refusal, failure, or inability to carry out any provisions of this contract shall constitute sufficient grounds to terminate this contract for cause. Should The City of Troy elect to terminate this contract for cause, The City of Troy will notify the Contractor 10 days prior to the termination date and shall specify the cause for termination as well as the date the termination shall be effective. This termination notice will be issued via a written letter sent by certified U.S. mail. Immediate dismissals may be executed if deemed necessary by The City of Troy. Section 16: Termination Without Cause: The City of Troy may terminate this contract without cause. Written notice of termination must be sent via certified U.S. mail no later than thirty (30) days prior to the termination date. Section 17: Indemnification: The promises in this section are separate from the insurance requirements of this Agreement and shall apply whether or not the insurance requirements are fulfilled. Each and every Contractor (as used in this paragraph the term “Contractor” shall include any and all of Contractor’s subcontractors), who shall agree to perform services, work, operations, or activities under this Agreement, or any part of it, shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, from and against any and all liability, loss, or other claims for damages for death, bodily injury, or property damage, or of any other kind or nature, arising out of or in consequence of the services, work, operations, or activities performed by the Contractor or any agent, servant, employee, subcontractor, consultant, or supplier of the Contractor, or of any failure to perform this Agreement, or in any way arising out of or in consequence of the Contractor’s acts or omissions, all to the fullest extent allowed by law. Contractor shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, from and against, without limitation, all losses, litigations, claims, actions, causes of action, proceedings, demands, damages, indemnities, suits, judgments, orders, rulings, appeals, costs, expenses, and all other elements of litigation (including without limitation reasonable attorney’s fees and other costs of defense), arising out of or in consequence of the Contractor’s services, work, operations, or activities under this Agreement, or any failure to perform this Agreement, or in any way arising out of or in consequence of the Contractor’s acts or omissions, all to the fullest extent allowed by law. Contractor shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, from and against any and all claims for injuries to the Contractor’s employees or the employees of any agent, servant, consultant, or subcontractor of Contractor, and any and all claims made by any person or entity (including without limitation all officers, employees, agents, contractors, subcontractors, consultants, suppliers, guests, invitees, uninvited persons, survivors, representatives, and distributees), arising out of or in consequence of Contractor’s services, work, operations, or activities or omissions on property owned by the City of Troy, all to the fullest extent allowed by law. The parties intend that the promises in this section shall be consistent with New York General Obligations Law Section 5-322.1. Therefore, for any contracts to which Section 5-322.1 applies, the promises herein shall not be construed as purporting to indemnify or hold harmless the City of Troy against liability for damage arising out of bodily injury to persons or damage to property contributed to, caused by or resulting from the negligence of the City of Troy, its agents or employees, whether such negligence be in whole or in part.  RES90 IN WITNESS WHERE OF, the parties have executed this Contract/Agreement on the day and year first written above. Approved as to form: City of Troy, New York By:_________________ By:__________________ Richard T. Morrissey Carmella R, Mantello Corporation Counsel Mayor Municipal Emergency Services (Contract # PS 20040) By:_____________________________ Printed Name:____________________ Title:____________________________ STATE OF ) COUNTY OF ) SS On this _____ day of __________________, 2025, before me, the undersigned, personally appeared _________________________________, ______________________________, (Name) (Title) 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/she executed the same in his/her capacity, and that, by his/her signature on this instrument, the individual, or the person or entity upon behalf of which the individual acted, executed this instrument. _____________________________________________________ NOTARY PUBLIC STATE OF ) COUNTY OF ) SS: CITY OF TROY ) On this ___________ day of __________________, 2025, before me, the undersigned, personally appeared Carmella R. Mantello, Mayor of the City of Troy, New York, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that, by her signature on this instrument, the individual, or the person or entity upon behalf of which the individual acted, executed this instrument. ______________________________________________________ NOTARY PUBLIC: STATE OF NEW YORK RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90 RES90  RES91 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH VANDER MOLEN, INC., DISTRIBUTOR FOR P.L. CUSTOM BODY AND EQUIPMENT CO., INC., FOR THE PURCHASE OF A 2025 FORD E-450 P.L. CUSTOM MEDALLION 170” MODULAR AMBULANCE (#25-4805) THROUGH THE SOURCEWELL CONSORTIUM WHEREAS, the Troy Fire Department’s Emergency Medical Services Division provides critical pre-hospital care and patient transport to residents and visitors in the City of Troy; and WHEREAS, the Fire Department recently had to remove a 2016 model ambulance from service due to high mileage and costly repairs, which has placed an extra strain on the current fleet; and WHEREAS, the replacement of the 2016 ambulance with a new 2025 Ford E-450 P.L. Custom Medallion 170” Modular Ambulance will improve operational readiness, reduce downtime, enhance patient and crew safety, and provide the latest equipment and technology to meet current emergency medical standards and our ever increasing call volume; and WHEREAS, the City of Troy is a member of the Sourcewell Cooperative Purchasing Consortium and can procure a new 2025 Ford E-450 P.L. Custom Medallion 170” Modular Ambulance at a 5% discount through Sourcewell; and WHEREAS, Vander Molen, Inc., d/b/a Vander Molen Fire Apparatus Sales and Service is the authorized regional distributor for P.L. Custom Body and Equipment Co., Inc., and has provided the City with the discounted pricing under Sourcewell Contract No. 122123-PLC for a 2025 Ford E-450 P.L. Custom Medallion 170” Modular Ambulance (#25-4805) in the amount of $318,360.00, plus or minus any agreed purchase changes or further discounts; and WHEREAS, the City Council previously approved sufficient bond funding for this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Troy City Council hereby authorizes the Mayor to enter into a contractual Agreement with Vander Molen, Inc., for the purchase of a new 2025 Ford E-450 P.L. Custom Medallion 170” Modular Ambulance (#25- 4805) through Sourcewell Contract No. 122123-PLC for the Troy Fire Department, the agreement to be in substantial conformity with the purchase agreements and quote 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, ______________________ , 2025 _____________________________________________ Richard T. Morrissey, Acting Corporation Counsel RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91  RES91 CONTRACT: One (1) 2025 Ford E-450 - PL Custom Medallion 170" (#25-4805) *** BASED ON PURCHASE FROM SOURCEWELL CONTRACT #122123-PLC*** THIS CONTRACT ("Contract'') is made by and between Vander Molen Inc (DBA VANDER MOLEN FIRE APPARATUS SALES AND SERVICE) and the CITY OF TROY, NEW YORK , herein referred to as the purchaser. This Contract will not become binding upon Vander Molen Inc. until it is executed by an officer of Vander Molen Inc., and the effective date of the Contract ("Effective Date") will be the date that the Vander Molen Inc. officer executes the Contract. The parties hereby agree as follows: (1) Subject to the terms of this Contract, Vander Molen Inc. shall furnish, and Purchaser shall pay for, the apparatus and equipment ("Apparatus and Equipment") described and in accordance in all material respects with the specifications ("Original Specifications") submitted with the bid proposal (the " Bid Proposal"). In the event there is any conflict between Original Specification and the Bid Proposal, the Bid Proposal will prevail. Any changes from the Bid Proposal shall be outlined in a detailed “Change Order” to account for said changes. (2) Payment(s) to Vander Molen Inc. shall be paid by certified bank check or money is to be wired direct to Vander Molen Inc. Wire transfer instructions available upon request. (3) Payment for the completed apparatus shall be made to Vander Molen Inc. within seven (7) days of the apparatus arriving at their facility. If payment is delayed by the purchaser beyond the seven day period a floorplan interest charge in the amount of $100/day will be added to the final invoice. Graphics, upfits and/or tool mounting/equipment allowances shall be documented outside of the OEM’s build and shall not delay this payment requirement. (4) This Contract for Apparatus and Equipment conforms to all relevant Federal Department of Transportation (DOT) rules and regulations.  RES91 (5) The Apparatus and Equipment will be completed by PL CUSTOM BODY AND EQUIPMENT CO., INC. of Manasquan, NJ. Vander Molen Inc. commits to have all information necessary for each step of the construction process. Any further delays after the pre-construction has been completed in providing additional desired specifications, change approvals, inspection timelines, or other required information for the Apparatus and Equipment may result in an extension of the delivery timeline. (6) The apparatus and equipment being purchased hereunder shall be delivered to the Purchaser 2175 6th Ave Troy NY 12180 at ___________________________________ within approximately 5-7 months after the receipt __________ and acceptance of this agreement at Vander Molen Inc. and PL Custom Emergency Vehicles, provided that such delivery date shall be automatically extended for delays due to strikes, failure to obtain materials or other causes beyond Vander Molen Inc. and PL Custom Emergency Vehicle’s control. ***DELIVERY TIME FRAME SUBJECT TO SUPPLY CHAIN DELAYS DUE TO COVID-19 PANDEMIC*** (7) A competent Vander Molen Inc. representative shall, upon request, be provided to demonstrate any Apparatus and Equipment and/or to give Purchaser’s employees the necessary instructions in the operation and handling of any Apparatus or Equipment. (8) In exchange for the Apparatus and Equipment, Purchaser agrees to pay Vander Molen Inc. $318,360.00 the sum of: _________________________________________________based on the proposed price submitted on 6/12/2025 _____________________ (a) Plus or Minus any Changes to the Apparatus or Equipment Configuration: $ TBD Shall be determined and approved by committee as well as Vander Molen Fire Sales Staff. Paid upon completion and delivery of the unit. Total Contract Price: THREE HUNDRED EIGHTEEN THOUSAND THREE HUNDRED SIXTY DOLLARS _________________________________________________________ 318,360.00 ($__________) The Purchase Price Net payment is due upon contract signing to benefit from the Prepay Discount (if applicable). If payment is not made until Delivery to Purchaser the discount shall not apply, unless otherwise specified herein. Chassis Prepayment is due upon contract signing to benefit from the Chassis Prepay Discount (if applicable). 0.00 Purchaser agrees to pay $____________ at time of chassis delivery to PL Custom and the remaining 318,360.00 at the time of delivery of the completed unit per the proposal. (Any change orders will be $____________ added to the final invoice)  RES91 (9) Acceptance of Apparatus and Equipment shall occur immediately after completion of a Final Inspection by a representative of Customer at the Factory or Vander Molen Inc., completion of any discrepancy list, and shipment of Apparatus and Equipment from Vander Molen Fire Inc.'s location. Upon completion of the final inspection and related discrepancy list, the Apparatus and Equipment shall be conclusively determined to be in full compliance with the terms of this Contract, including without limitation the Original Specifications. Vander Molen Inc. will not surrender to Purchaser the title to or the statement of origin for any Apparatus or Equipment or provide Purchaser with any other documentation regarding ownership of any Apparatus or Equipment until Vander Molen Inc. has received full payment of the Purchase Price and taxes. If Purchaser is Tax Exempt, a Tax Exempt Certificate must be given to Vander Molen Inc. (10) Vander Molen Inc. shall not be liable to Purchaser or to anyone else for consequential, incidental, special, exemplary, indirect or punitive damages arising from any defect, delay, non-delivery, recall or other breach by Vander Molen Inc., including but not limited to personal injury, death, property damage, lost profits, or other economic injury. Vander Molen Inc. shall not be liable to Purchaser or anyone else in tort for any negligent design or manufacture of any body or other part of Apparatus or Equipment, or for the omission of any warning with respect thereto. (11) Customer shall indemnify Vander Molen Inc. against, and hold Vander Molen Inc., its agents, employees, officers and directors harmless from, any and all claims, action, suits and proceedings, costs, expenses, damages and liabilities, whether based in negligence, tort, strict liability or otherwise, including attorney's fees and costs, arising out of, connected with, or resulting from this Contract or the Apparatus or Equipment, except to the extent such claims, action, suits and proceedings, costs, expenses, damages or liabilities arise from Vander Molen Inc.’s breach of its obligations under this Contract. (12) Vander Molen Inc. warrants that, at the time of delivery, the Apparatus and Equipment shall comply in all material respects with the Original Specifications. THE ONLY OTHER WARRANTIES APPLICABLE TO THE APPARATUS AND EQUIPMENT ARE THOSE EXPRESSLY SET FORTH IN THE BID PROPOSAL AND IDENTIFIED AS APPLYING TO THE APPARATUS AND EQUIPMENT. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. (13) Vander Molen Inc. shall not be liable if performance failure arises out of causes beyond its reasonable control, which causes shall include without limitation acts of God, war, fires, floods, difficulty in procuring materials, equipment or tooling failure, freight embargoes, order of any court, strike, lockout, shortage of labor, failure or delays by suppliers or contractors, or legislative or governmental, or other, prohibitions or restrictions.  RES91 (14) MARKET VOLATILITY PRICING ALLOWANCE – It shall be understood that this contract includes 0.00 $_________ of price protection built in for unforeseen price increases due to potential market volatility, tariffs and/or other reasons beyond the control of the manufacture(s) that may necessitate a price increase. Chassis pricing is subject to fluctuations until the chassis manufacturer assigns a VIN number and said chassis has a build/ship date. Ambulance pricing is subject to fluctuations until the chassis is on the ground at PL Custom and Engineering has released the design to the floor for production. This contract has been priced using current chassis manufacturers model year and related chassis concessions along with current Ambulance body and component pricing. All are subject to change until the chassis is on the ground and the unit is released to production. Any increase above 0.00 $________ would be added to the final 0.00 invoice, increases (if any) not totaling $________ would be credited against the final invoice. (15) The Apparatus and Equipment shall remain the property of Vander Molen Inc. until the entire Purchase Price for each and every item of Apparatus and Equipment has been paid. In case of a default in payment, Vander Molen Inc. may take full possession of the Apparatus and Equipment, or of the item or items upon which default has been made, and any payments that have been made shall be applied as payment for the use of the Apparatus and Equipment up to the date Vander Molen Inc. takes possession. (16) This Contract will only be binding on Vander Molen Inc. after it is signed and approved by an officer of Vander Molen Inc. This Contract (which includes the other documents referenced in this Contract) embody the entire agreement and understanding between the parties with respect to the subject matter of this Contract and supersede all prior oral or written agreements and understandings relating to the subject matter of this Contract. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Contract shall affect, or be used to interpret, change or restrict, the express terms and provisions of this Contract. This Contract cannot be altered or (17) modified except by mutual written agreement signed by the parties. The Customer representative signing this Contract on Customer's behalf represents and warrants that he or she has the authority to sign this Contract and that all necessary action has been taken by Customer to authorize Customer's execution of and performance under this Contract. (18) In the event that any court of competent jurisdiction shall determine that any provision, or any portion thereof, contained in this Contract shall be unenforceable in any respect, then the provision shall be deemed limited to the extent that the court deems it enforceable, and as so limited shall remain in full force and effect. In the event that the court shall deem any provision, or portion thereof, wholly unenforceable, the remaining provisions of this Contract shall nevertheless remain in full force and effect. (19) This Contract shall be governed by and construed in accordance with the laws of the State of New York without giving effect to principles of conflict of laws. Customer irrevocably and unconditionally (a) agrees that any suit, action, or other legal proceeding arising out of or relating to this Contract may, at the option of Vander Molen Inc., be brought in a court of record of the State of New York Onondaga County, in the United States District Court for the District of New York, or in a court of record of the State of New York, is located, or in the United States District Court for the State of New York, or in any other court of competent jurisdiction; (b) consents to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waives any objection that it may have to the laying of venue of any such suit, action, or proceeding in any of such courts.  RES91 This Contract is agreed to by the parties as of the Effective Date. Purchaser : Purchaser Signature and Position : - Print Name: Date: Vander Molen Inc. Officer Representative: Nick Catalino (Sales Manager) Vander Molen Inc. Owner : - Philip Vander Molen Date: RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91 RES91