County of Schenectady

ANTHONY JASENSKI SCHENECTADY COUNTY LEGISLATURE CHAIR OF THE LEGISLATURE County Office Building 620 State Street – 6th Floor GEOFFREY T. HALL Schenectady, New York 12305 CLERK OF THE LEGISLATURE Tel: (518) 388-4280 Fax: (518) 388-4591 Website: www.schenectadycounty.com

APRIL 2021 COMMITTEE MEETING SCHEDULE

DATE: 2 April 2021 TO: Honorable Schenectady County Legislators FROM: Geoffrey T. Hall; Clerk of the Legislature SUBJECT: Committee Meetings Monday, April 5, 2021 620 State Street Legislative Chambers Sixth Floor – 7:00 PM

7:00 P.M. Committee on Codes, Judiciary and Consumer Affairs page 1 Legislator Pascarella, Chair

Followed by: Committee on Health and Human Services page 9 Legislator Ostrelich, Chair

Followed by: Committee on Labor and Civil Service page 20 Legislator Socha, Chair

Followed by: Committee on Public Facilities, Transportation and Infrastructure page 35 Legislator Patierne, Chair

Followed by: Committee on Public Safety and Firefighting page 56 Legislator Constantine, Chair

Followed by: Committee on Ways and Means page 69 Legislator Fields, Chair

Schenectady County Legislature Committee on Codes, Judiciary and Consumer Affairs Hon. Randy Pascarella, Chair 6th Floor County Office Building 620 State Street, Schenectady, New York 12305 Phone: (518) 388-4280 Fax: (518) 388-4591

DATE: April 2, 2021 TO: Honorable Schenectady County Legislators FROM: Geoffrey T. Hall, Clerk of the Legislature SUBJECT: COMMITTEE AGENDA Committee on Codes, Judiciary and Consumer Affairs Honorable Randy Pascarella, Chair Monday, April 5, 2021 at 7:00 p.m Schenectady County Office Building, Legislative Chambers, Sixth Floor

Item Title Sponsor Co-Sponsors CJCA 2 A RESOLUTION TO AUTHORIZE Legislator Pascarella THE COUNTY MANAGER TO EXTEND THE LEASE AGREEMENT WITH THE SCHENECTADY LIGHT OPERA COMPANY, INC. FOR SPACE TO CONDUCT GRAND JURY PROCEEDINGS

Friday, April 02, 2021 Page I of I

1 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Codes, Judiciary and Consumer Affairs Dual Reference: Initiative: CJCA2

Title of Proposed Resolution:

A RESOLUTION TO AUTHORIZE THE COUNTY MANAGER TO EXTEND THE LEASE AGREEMENT WITH THE SCHENECTADY LIGHT OPERA COMPANY, INC. FOR SPACE TO CONDUCT GRAND JURY PROCEEDINGS

Purpose and General Idea:

Provides authorization to extend the lease agreement between Schenectady Light Opera Company, Inc. and Schenectady County.

Summary of Specific Provisions:

Authorizes the extension ofthe lease agreement between Schenectady Light Opera Company, Inc. and Schenectady County by four months. The original lease, which is set to expire on April 27, 2021, provided a large enough space for the District Attorney to conduct Grand Jury proceedings, and permitted social distancing during the pandemic.

Effects Upon Present Law:

None.

Justification:

This extension would provide the District Attorney with a large enough space to permit social distancing while conducting Grand Jury proceedings during the pandemic, and also allow for the Schenectady Light Opera Company, Inc. to reopen in September.

Sponsor: Legislator Pascarella

Co-Sponsor:

2 COUNTY OF SCHENECTADY

RORYFLUMAN COUNrY MANAGER

OFFICE OF THE COUNTY MANAGER 620 STA-:-E STREET SCHENECTADY, NEW YORK 12305

TELEPHONE: (518J 388-435S FAX: (518) 388-4S90

To: Honorable Chairperson and Mem~fthe Legislature

From: Rory FlmJUU4 County Manager 1f..~,

CC: Geoffrey T. Hall, Clerk ofthe Legislature Jesse McGuire, Deputy Clerk ofthe Legislature Christopher H. Gardner, County Attomey

Date: April 1, 2021

Re: Authori:mt:ion to Extend the Lease Agreement between Schenectady Light Opera Company, Inc. and the County of Schenectady

Attached is a memorandum from Christopher Gardner, County Attomey, requesting authorization to extend the lease agreement between Schenectady Light Opera Company, Inc. and the County ofSchenectady by four (4) months. The original lease, which is scheduled t.o expire on April 27, 2021, provided space for the District Attorney to conduct Grand Jury proceedings during the pandemic. This extension 1hrough August 27, 2021 would provide the Dis1rict Attorney with a space large enough to permit social distancing and allow for the Schenectady Light Opera Company, Inc. t.o reopen in September.

I recommend your approval.

3 COUNTY OF SCHENECTADY OFFICE OF THE COUNTY ATI'ORNEY hfer.Departmeat Corrapoadeoce Sheet

March 25, 2021 To: Roly Fluman. County Manager From: CllrialAJphor H. Gardnor, County A~/1-b Copiea to: · GeoffHall, Clerk of the LegisJatme Joe Landi)', Counsel to the Legislamre Jaclyn Falotico, Deputy County Manager John McPhillips, CommisaiODa" ofFinance Ray Gillem, Commissioner ofEconomic Development and Planning Robert Camey, District Attorney Dooald Scheuer, Director ofFacilities Shannon Pemme, Executive Secretary to the County Manager Re: Bxmcise of Option Pursuant to Paragraph m ofthe lase .Agreement between Schenectady Light Opera Company, Inc. and the County of Schenectady for space at 427 Franklin Street, Scbmcctady

The six (6) months Lease between Schenectady Lipt Opera Company. Inc. and County of Schenectady is scbcduled to expire on April 27, 2021. The original Lease wa eotmed into in order to provide space for the Dis1rict Attorney to collduct Gmnd Jury proceedinp. The Grand existing Jury space is too small to permit social distancing during the pandemic. The New State Yorlc Office of Court Administration revoked its pennission to utilize court rooma Jury. for the Grand

The Lease in perasraph m contains a mutual option to extend the Loue for. six (6) month period upon the same wms subject to approval ofboth the County and Sabmee1ady Light Opera Company, Inc. I have been notified by District Attorney Camey that he would like to continue to use the Schenectady Light Opera Company. Inc. building for additional lix months. (6) I have bem inmnned by Schenectady Light Opera Company, Inc. that they aareeal>le m to an extension offour (4) montha, due to their plaonecl r-eopcming this September. This proposed fom (4) month extcmion will enaure Grand Jury accesa to Schenectady Light Opera Company,~- for the period April 28, 2021 through August 27, 2021. Accordingly, I request that this proposal be forwmded to the County Legislamrt for consideration at its April s" atMi April 13111 mcctinp.

CHG/kah Attaehment

4 EXERCISE OF OPTION PURSUANT TO PARAGRAPH m OF THE LEASE AGREEEMENT BETWEEN SCHE1''ECTADY LIGHT OPERA COMPANY, INC. AND THE COUNTY OF' SCH&~ADY WHEREAS, the Schenectady Light Opera Company, Inc. and the Schenectady entered County of into a six (6) month Lease Agreement for the premises located Franklin Street, and et 427

WHEREAS, the County of Schenectady wishes to exereise its option under to eittend the Leale for paragraph ID an additional four (4) months; and · WHEREAS, Schenectady Light 0pc:m Company, Inc., approves ofthis extension. IT IS HEREBY, qp:ecd by and between the parties that the Lease is extended period offour (4) months, for a commencing April 28, 2021 and ending on August, 2021 upon same terms set forth the in the original Lease; which is attached heMto as Exhibit A. IN WITNESS WHEREOF, the parties have hereunto set their bands and year. and seals this day

Lessor: Schenectady Light Opera Company, Inc.

By: ______Matthew Dembling Lessee: County of Schenectady

By:______Rory Flu.man County Manager Approved as to form and c::ontent this_ day of ___, 2021.

Christopher H. Gardner County Attomey

5 EXHIBIT A

6 LEASE THIS LEASE AOREEMENT the made and entar4 into dda SdaenecCady Lfgbt Opera Company, 1B'1 day ofOctober, 20'20, by mid laws lac., a not,.for-profit between ofthe state ofNew Yoik, with cm:poration orpulzed 8Dd existiq County a principal plaoc of'bulinma located under the ofS~, New Ycxk, at 427 Franklin Snet in municipal hereinafta :efmed to as "Lessor" the City and cotparation orgaai,Jed and and the Onulty of Seheaedacly, State Street, existmg under the laws of the State a s~,.New Yorlc.12305, ofNew YOlk. with 111 office hereinafter mcrred to u "teuee.• Ill 620 L PREMISES

For and in consideration of the mutual oovenaDf8 docs hereby danise and lease IIDd qreemenu hereinafter rccit.ed. to Le-. its SUCCCBD and assip Leasor the Sc:hcncctady Light Opera Company, the premises common!y known Scbencdady,NewYotk. me. located at 427 Franklin as Sheet in the City and County of n. mRM

This Lease sbaU be for a term oflix (6) months, commencing torminatin& on the six (6) momh on the cxecwion dati! anoivenary eonunendna October and 2021. 28, 2020 and emliDg April 27, m. RHNBWAL The Lesaee shall have the optiml to e:xfald this Lease baaed upon addition aix (6) month pa:iocl provided die 8ID1e terms for an (30) nodce ofintent to renew is provided days prior to tho tennimtion aftba iDitia1 to Lessor thirty Lessor's approval, 1mm. The eu.rcise of thia option and may be dmied by the Leasor. ia subject to IV. RENTAL

Lesaec shall pay ro Leseor the :um of 'Ibffio Thouaand ($3,000.00) use of1he dtmiaed premilea. Dollm per month for 1hc V. USB OF PRFMISBS

Losscc ahall uae the premises aI1 fc>r 1l!e purpoaes ofholdiq Graod actions, activities related 1hcreto. Jury proceedlnga &Sid any mid VL RESPONSmILITIES OF LESSOR Lessor aha1l provide access to the leued property, including utilities. access to puking, and payment of

1

7 VII. RBSPQiVSIB1LITIES OE LESSER a) Leuee lball provide jaoi1Drial aervice9. b) Lessee aba1l return the demJwd premiles to im condition wear and tear excepted, as befO?e Lessee's WJC. removing all trub and dcbrls OldiDaly use of1he premises. acamiula!lld as a mutt ofLc.w:ets vm. JNSURANCB Lessee hereby covenam aad agrcca force for the at all times dllrina the tmm hareof mubla1 bmetit ofLessor and Le.me to maintain and bcp in personal injuz:y, General Public Liability Imurancc death or property damage ocCl.lft'ina qaiDst cla1ma tor Lessor's iequest to in. on or abollt 1M demited premisea fumiah a Cc:rtificaze ofIUCh insumnce. BDc1 on IX. INVALlDITY OF PROVISIQNS Ifany tum or pm\lision oftbis Lease or the application aball. to any c:x1ent. be thereof to aey parson or Invalid or ua.enforceahle, 1ho l"fflJBinder dmumstance tean or ptomicm. to pcnons whose ofthis Lease, or the epplioatioa m=fon:eable, oln:umstmccs other than those ofmch ahl.11 l10t be affecu:d thmby. u to which it ia held in'Vllid or X. AMENDMEHIS

No waivers, alteration, or modi:.lic:atiOD11 therewith shall of thil Lea,e or any asrccmai1a be valid un1csa in writing. duly executed in oonncetion by bOlh Lessor and Lesaec herein. JN WJTNBSS WHBR.BOF, the parties have bmunto eet and year first abow writtc:a. thoir bands and seals this day LESSOR: SCll!!NBCTADY~GHT 0~COMPANY, INC. By: l/llft!. ___~______&rrnfflJ_ O~tri.l~

Appm•ohs to fmm3:."' ~ofOdo u. ~County Manager ~a~ ___ County Attomey

8 Schenectady County Legislature Committee on Health and Human Services Hon. Michelle Ostrelich, Chair 6th Floor County Office Building 620 State Street, Schenectady, New York 12305 Phone: (518) 388-4280 Fax: (518) 388-4591

DATE: April 2, 2021 TO: Honorable Schenectady County Legislators FROM: Geoffrey T. Hall, Clerk of the Legislature SUBJECT: COMMITTEE AGENDA Committee on Health and Hwnan Services Honorable Michelle Ostrelich, Chair Monday, April 5, 2021 at 7:00 p.m Schenectady County Office Building, Legislative Chambers, Sixth Floor

Item Title Sponsor Co-Sponsor HHS 2 A RESOLUTION REGARDING Legislator Ostrelich BUDGETARY AMENDMENTS TO THE OFFICE OF COMMUNITY SERVICES OPERATING BUDGET TO REFLECT INCREASED STATE AID

--·------Friday, Apri[ 02, 2021 ------Page I of I 9 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Health and Human Services Dual Reference: Ways and Means Initiative: HHS2

Title of Proposed Resolution:

A RESOLUTION REGARDING BUDGETARY AMENDMENTS TO THE OFFICE OF COMMUNITY SERVICES OPERATING BUDGET TO REFLECT INCREASED STATE AID

Purpose and General Idea:

Provides authorization to amend the 2021 Office of Community Services' Budget.

Summary of Specific Provisions:

Authorizes the amendment the 2021 Office of Community Services' Budget to reflect an increase of $31,200 in State pass-through funding from the NYS Office of Mental Health (OMH), resulting from an increase in supported housing beds.

Effects Upon Present Law:

The County of Schenectady's Department of Finance recommends the following amendment to the 2021 Operating Budget to accommodate additional state funding from the New York State Office of Mental Health (NYSOMH).

The Office of Community Services has received notification from NYSOMH that the County will receive $31,200 in additional State pass-thru funding for supported housing beds. Specifically, the State will be providing $200 more for each supported housing bed.

The chart below highlights the providers impacted by the increase in pass-thru funding.

Supported Housing Original Funding $200 per Bed Stipend Revised Funding Capital District YMCA $ 276,386 $ 5,000 $ 281,386 Mohawk Opportunities $ 567,863 $10,000 $ 577,863 Rehabilitation Support Svcs $ 836,091 $16.200 $ 852,291 Total $1,680,340 $31,200 $1,711,540

Increase Appropriation Code By:

A4322.400600 Office of Community Services Case Management Services (Adults) $31.200

Increase Revenue Code By:

A3490.0l State Aid Mental Health Services $31.200

I recommend that this budget amendment be presented to the Schenectady County Legislature for consideration.

Justification:

This is due to an increase in supported housing beds. The State will be provided $200 more for each supported housing bed.

Sponsor: Legislator Ostrelich

Co-Sponsor:

10 COUNTY OF SCHENECTADY

RORYFWMAN COUNTY MANAGER

OFFICE OF THE COUNTY MANAGER 620 STATE STREET SCHENECTADY, NEW YORK 12305

TELEPHONE: (518) 388-4355 FAX: (518) 388--4590

To: Honorable Chairperson and Mem~ ofthe Legislature

From: Rory Fluman, County Manager cf...'1, CC: Geoffrey T. Hall, Clerk ofthe Legislature Jesse McGuire, Deputy Clerk of the Legislature Darin Samaha, Director of Community Services John P. McPbillips, Commissioner ofFinance

Date: April 1, 2021

Re: Authoriz.ation to Amend the 2021 Office ofCommunity Services' Budget

Attached is a memorandum from Darin Samaha, Director of Community Services, requesting authorization to amend the 2021 Office of Community Services budget to reflect an increase in funding from the NYS Office of Mental Health (OMH) the County's supported housing beds. OMH's total funding increase would be $31,200.

The attached memorandum from 1ohn McPhillips, Commissioner of Finance, details the necessary budget amendment.

I recommend your approval.

11 County ofSclienecttztfy NEWYORK

Darin Samaha 01FICEOF Phona(518)386-221B Diret:Jw COIIIIILNTY SERVICES Fax (518) 388-2212 797 Broadway, Suite 304 Schenecflldy, New York 12305

TO: Rory Fluman, County Manager

FROM: Darin Samaha, Oirector of Community Services

DATE: March 11, 2021

COPIES: John McPhillips, Commissioner ofFinance

RE: 2021 OMH Budget Modification

I am writing to request a modification to the 2021 County Budget. The Office of Community Services has been notified by the NYS Office ofMental Health (OMH) of an increase to state aid.

This funding increase through OMH affects the following program:

A4322.400600- Case Management Services (Adults) - $31,200

In the most recent state aid letter issued on 3/1 l/'l021, OMH has increased supported housing bed rates by $200 per bed (156 beds total) leading to the increase requested.

TOTAL 0MB FUNDING INCREASE - $31,200

This is pass through funding and has no cost to the County.

12 County of Sdienectady 620 stats Street, 3 111 Floor, Schenectady,N.Y. 12305 : County Finance (518) 388-4260 (518) 388--4248 Fax Memo

TO: Rmy F1uman, County Mmiager

FR.OM: JolmP. Mol'hillipa, Jr. Ccmmlaalmu:rofF~

DATE: March 29. 2021

SUBJECT: Budget Amendment-Office ofComamaity Services-Additional State Aid for Supportive HmuingBeda

The OJunty of Schenectady's Department of Finance .recnmmends the following amendment to the 2021 Opmating Budget to ar.romrnodat.e additional state funding from the New Yolk State Office ofMmtal Health (NYSOMH).

The Office of Comm'UDity Services has received notifialtion fium NYSOMH that the County will ffl0eive $31,200 in additional State pass•thru fimding for mpportcd housing beds. ~.the State will be prowling S200 D10ie for eadi BUppOrted housing bed.

The chart below highlights the pmvi&n impacted by the increase in pass-thtu nmding.

Sppported HOllliy Orlgfnal li'u.ndfno S200 per Bed Stfpead Reyued Funding Capital District YMCA $276,386 S S,000 $281,386 Mohawk Opportunities $567,863 $10,000 $577,863 Rebabilitatian Sum,ort Svcs $836.091 $16,200 $852,291 Total $1,680,340 $.11,200 Sl,711,540

Increase AP.Pro,miati.on Code By:

A4322.400600 Office ofO\mmIJDity Seniccs Case Management Services (Adults) $31.200 Increase Revenue Code By:

A3490.01 State Aid Meatal Health Services $31,200

I recommend that this budget amendment be presented to the Schenectady County l.egis]ature for consideration.

13 ~~K Office of ~TE Mental Health

ANDREW M. CUOMO ANN MARIE T. SULLIVAN, M.D. OIRISTaPIIER TAVEI.U, Ph.D. GcMITtor Commissioner E!xecutfve DepLl\y commlS5ioner

March 11, 2021

Darin Samaha Director Schenectady County 7ffl Broadway, Ste. 304 Schenectady, NY 12305-3111

Dear Director Samaha:

The NYS Office of Mental Health {OMH) is issuing your January 1, 2021 to December 31, 2021 state Aid letter (SAL} to reflect your latest allocatlon. Your total allocation amount at this Ume is $3,854,318. The allocatlons authortzad In this letter Include full annual funding for initiatives previously authorized.

Pease ensure lhe County Allocation Tracker (CAT) is updated to agree with the State Aid Letter allocatiOns and reflects all county contracts funded with State Aid. Guidelines for completion of the CCR/CFR can be accessed through the OMH website. If any of your providers need assistance in compfetlng these fonns. they should contact the OMH Help Desk at 1-800-HELPNYS.

The Aid to Localities Spending Plan Guidelines, which explain the reporting and use requirements of your authorized funding, can also be accessed through the OMH website. In addition, please remember if you racelve federal funds, to submit your federal certifications which are also available oo the OMH website. Please share this website with all of your subcontract providers so that they may bac:ome famlNar with the guidelines that apply to them and refer to the guidelines as necessary. As a reminder, failure to submit the CAT, and/or CCR/CFR schedules In a timely manner may result In the delay of subsequent State Aid payments and/or Medicaid payments.

Inherent In OMH'a budget and claiming policy Is the expec1ation that your department wDI monitor expenditures against budgeted costs throughout the year. Please notify your OMH Fleld Office of any significant fiscal or programmatic problems as soon as they become known. If you have questions regarding any local mental health fiscal issuea, Including question• regarding the lnfonnatlon or instructlona that are Included In thlS letter, please call Constance Bowens at OMH Hudson River Reid Office at (845) 454-8229.

Sincerely,

Rachel Gaul, Assistant Director Community Budget & Financial Management

Att. cc: Constance Bowens

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.s:: I _] I i 11 I I ii J z J i I I I 11 l l ~I r! 19 Schenectady County Legislature Committee on Labor and Civil Service Hon. Grant Socha, Chair 6th Floor County Office Building 620 State Street, Schenectady, New York 123-0S Phone: (518) 388-4280 Fax: (518) 388-4591

DATE : April 2, 2021 TO: Honorable Schenectady County Legislators FROM: Geoffrey T. Hall, Clerk of the Legislature SUBJECT: COMMITTEE AGENDA Committee on Labor and Civil Service Honorable Grant Socha, Chair Monday, April 5, 2021 at 7:00 p.m Schenectady County Office Building, Legislative Chambers, Sixth Floor

Item Title Sponsor Co-Sponsor LCS 3 A RESOLUTION AUTHORIZING THE Legislator Socha CREATION OF A CERTAIN POSITION AT THE CONFLICT DEFENDER'S OFFICE

LCS 4 A RESOLUTION REGARDING A MULTI- Legislator Socha YEAR AGREEMENT WITH CATALOG & COMMERCE SOLUTIONS, LLC FOR COMPUTER SOFTWARE SERVICES

------Friday, April 02, 2021 -·-- Page I of I

20 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Labor and Civil Service Dual Reference: Ways and Means Initiative: LCS3

Title of Proposed Resolution:

A RESOLUTION AUTHORIZING THE CREATION OF A CERTAIN POSITION AT THE CONFLICT DEFENDER' S OFFICE

Purpose and General Idea:

Provides authorization to create a Senior Legal Assistant Position in the Conflict Defender's Office

Summary of Specific Provisions:

Authorizes the creation of a Senior Legal Assistant Position in the Conflict Defender's Office (CSEA Grade 14).

Effects Upon Present Law:

The County of Schenectady' s Department of Finance recommends the following amendment to the 2021 Operating Budget to accommodate a personnel change requested by the Conflict Defender's Office. Specifically, the Conflict Defender has requested the creation of a Senior Legal Assistant position (CSEA Grade 14, Step 1) at an annual salary of $50,441 to assist with the administrative workload and case management of the Department.

Create and Increase Appro_priation Code By:

All73.lll Conflict Defender's Office Senior Legal Assistant $35,947

Increase Appropriation Code By:

Al 173.111200 Conflict Defender's Office On Call Pay $ 2,014

Decrease Appropriation Code By:

Al 173.111 Conflict Defender's Office Legal Clerk $37,961

Presently, the budget amendment creating the Senior Legal Assistant position is being funded with appropriation authority linked to a vacant Legal Clerk position. The New York State Office of Indigent Legal Services (NYSOILS) is reviewing the County's proposed budget for grant funding associated with year two of the Statewide Expansion of Hurrell-Harring initiative. IfNYSOILS approves the County's plan, the salary and fringe costs associated with the Senior Legal Assistant position will be fully funded

21 with State grant dollars allowing for the restoration of funding for the vacant Legal Clerk position. It is anticipated that NYSOILS will approve the County's proposal in the near future.

I recommend that this budget amendment be presented to the Schenectady County Legislature for consideration.

Justification:

This position will serve to enhance the functionality and efficiency in the office due to the continued increase in clerical work resulting from policy changes and an increase in clients.

Sponsor: Legislator Socha

Co-Sponsor:

22 COUNTY OF SCHENECTADY

RORYFlUMAN COUNTY MANAGER

OFFICE OF THE COUNTY MANAGER 620 STA TE STREE!' SCHENECTADY, NEW YORK 1Z305

TEI..E'H~E: (518) 388-4355 FAX: (518) 388-4590

To: Honorable Chairperson and Members of the Legislature From: Rocy Fluman, County Manager A CC: Geoffrey T. Hall, Cleric ofthe Legislature Jesse McGuire, Deputy Clerk ofthe Legislature Tracey Chance, Conflict Defender John Phillips, Commissioner of Finance Joe McQueen, Director ofHuman Resources

Date: April I, 2021

RE: Authorintion to Create a Senior Legal Assistant Position in the Conflict Defender's Office

Attach is a memorandum from Tracey Chance, Conflict Defender, requesting authorization to create the position of Senior Lepl Assistant (CSEA Grade 14). As Ms. Chance indicates, the position will serve to enhance clerical functionality in the office with the continued cxpllDSion of indigent legal defense services in the county.

The attached memorauda from John McPhillips, Commissioner ofFinance, and Joe McQueen, Di.rector of Human Resources, detail the actions necessary to create the position. I recommend your approval.

23 Memorandum

To: Jaclyn Falotico

From: Tracey Chance, Esq.

SChenectady Conflict Defender

Date: Mardi 25, 2021

Re: Additlon of Senior Legal Assistant Position

This memo Is to request that the aeation of the Senior Legal Assistant position In the Conflict Defenders Office. It would be beneflclal to the fluidity and efficiency of the office to add this position. The amount of derlcal work at the Conflicts Office has been increasing due to pollcy changes and an Increase In cllents. This position would help allevtate some of the clerical workload.

Additionally, this position would be offset with various OILS funding streams.

Thank you for your consideration.

24 County of Schenectady 620 State Street, 3rd Floor, Schenectady,N.Y. 12305 County Finance (518) 388-4260 (518) 388'"4248 Fax Memo

TO: R.oty Fhmum. CoUDly Manager

FROM: John P. McPhillips, Jr., CommissioDm"ofFina DATE: Maroh 29, 2021 ----w SUBJECl': Budgu Amcodrncnt Conflict Defmder's Office-Creation ofa Senior 1qal Assistant Position

The County of Scbeoedady's Depm1menl ~r F~ n,cc,mmenda the 1bllowing ameachncnt to the 2021 Operating Budget to acmmrnodate a p:rmnnel ehangc requested by the Conflict Defender's Office. Spc:cifically, the Cont1ict Defend« has n,quested the cnation ofa Senior Legal Assistant position {CSBA Gnidc 14, Step 1) at an annual sa1my of $50,441 to assist with the administrative wOJtioad and case rnanagemmt ofthe Depm1m£nt.

Create and Increase Appropriation Code By:

All73.lll Contlict Defender's Office Senior Legal Assistant $35,947 lnc.rease .Apprcgiation Code By:

A1173.111200 Conflict Defender's Office On Call Pay $ 2,014 Decrease AwrnJJriation Code By:

Al 173.111 Conflict Defimder's Office LogalClak $37,961 Preseatly, the budget amendment creating the Senior Legal Assistant position is being fimded with appropriation lll1thority limm to a vacant Legal Clcn position. The New Ymk State Office ofIncligem Legal Services (NYSOD.S) is reviewing tho County's proposed budga for grant 1unding associated with yw two of the Statewide Expansion of Hunell-Harring initiatiw. If NYSOR.S approves 1he County's plan. the IB1ary and fringe a,st,a assoaated with the Senior Legal Assistant pceition will be fully fimdcd with State grmt dollars allowing mrtbe n:storation offimding for the vacant Legal Ciakposition. It is amicipmed that NYSOll.S will approve the County's proposal in the near future.

I recommend that thia budget amendment be pmicmted to the Schcm,ctady County Le8ialaturc foramsideration.

25 Departanent qf Human Resoltrqes Memo

To: Rory Fluman, County Manager

From: Joe McQueen, Director of Human Resources

Date: March 25, 2021

Re: Creation ofPosition in the Conflict Defender's Office

The Schenectady County Conflict Defmder's Office has requested the creation ofthe position Senior Legal Assistant

I recommend the creation ofthe position of Senior Legal Assistant at CSEA Grade 14.

There is no necessary action on bc:ba1f ofthe Civil Service Commission. Thank.you.

26 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Labor and Civil Service Dual Reference: Initiative: LCS4

Title of Proposed Resolution:

A RESOLUTION REGARDING A MULTI-YEAR AGREEMENT WITH CATALOG & COMMERCE SOLUTIONS, LLC FOR COMPUTER SOFTWARE SERVICES

Purpose and General Idea:

Provides authorization to enter into a Five-Year Agreement with Catalog & Commerce Solutions, LLC.

Summary of Specific Provisions:

Authorizes the county to enter into a Five-Year Agreement with Catalog & Commerce Solutions, LLC. This first year would cost $6,100, with a locked-in rate increase of $200 per year. This is an extension of the original contract with C&C Solutions, which manages the software for the Civil Service process, provides cloud based maintenance, all software upgrades, ongoing staff trainings, systems testing, and 24/7 technical support and customer support.

Effects Upon Present Law:

None.

Justification:

C&C Solutions manages the software for the Civil Service process. Additionally, this contract provides for cloud based maintenance, all software upgrades, ongoing staff trainings, systems testing, and 24/7 technical support and customer support.

Sponsor: Legislator Socha

Co-Sponsor:

27 COUNTY OF SCHENECTADY

ROllYFLUMAN COUN1Y MANAGER

OfRCE OF THE COUNTY MANAGER 620 STA'll: STREET SCHENECTADY, NEW YORIC 12305

TELEPHONE: (518) 388-4355 FAX: (518) 388-4590

To: Honorable Chairperson and Members ofthe Legislature From: Rory Fluman, County Manager ~

CC: Geoffrey T. Hall, Clerk ofthe Legislature Jesse McGuire, Deputy Clerk ofthe Legislature Joe McQueen, Director of Human Resources John P. McPhillips, Commissioner of Finance

Date: April I, 2021

Re: Authorization to Enter into a Fivo-Year Agreement with catalog & Commerce Solutions, LLC

Attached is a :memonmdum ftom Joe McQIJeen, Director of Human Resources, requesting authorization to enter into a five-year agreement with Catalog & Commerce Solutions, LLC. This is an extension of the original contract with C&C solutions, which manages the software used for the Civil Service process, in addition to providing cloud based maintenance, staff trainings, and technical support. The first year would cost $6,100, with a locked-in rate increase of $200 per year.

I recommend your approval.

28 Department ot Human Resources= Memo

To: Rory Fluman, County Manager

From: Joe McQueen, Director ofHuman Resources

Date: March 2S, 2021

Re: Contract Extension for Civil Service Management Software

I would like approval to enter into a :five>yeB.1" rnainta,ance and support agreement with Catalog & Commerce Solutions, LLC for the civil service management software utilized by my department. This is an ex.tension ofthe original contract with C&C Solutions for the development, installation and 8UppOrt for software 1hat manages all functions ofthe Civil Service process from exam applications to employee civil service recotds management.

The cost of the first year ofthe agreement is $6,100 and will lock-in a rate increase of $200 per year for the five years ofthe contract. Included in the prir.e ofthe agreement is cloud based maintenance, all software upgrades, 24/7 technical and customer support, systems testing, and ongoing staff training.

Thank you.

29 Dlacover eOOV

STATEMENT OF WORK FOR

Schenectady Co1111ty Civil Service Portal - Maintenance

1. INTRODUCTION:

Schenectady County, New York r"J'he COUNTY"'}, a municipality located State Street. at 620 Schenectady, New York 12305 is initiating a project for Cornputer Consulting - Application Development. The Schenectady County is seeking a contractor: Catalog & Commerce Solutions, LLC ("CONTRACTOR") Discover eGOV, d/b/a a corporation organized and under the laws of the State of York having a principal New place of business at 263 East Street, Pittsford, New York 14534 to provide services.

2. PROJECT DEFDIITIOl'i

The Schenectady County Civil Service Department operates automated a digital and system to handle the processing of Civil Service Job Applications developed by the Contractor.

3. SUBMISSION REQUIREMENTS:

CONTRACTORS must follow the format described herein: 3.1 PROJECT SUMMARY:

The Standard Software Maintenance Agreement starts with conversion from "Development" and "Go-Live" date mutually agreed upon. There is not a gap in support anytime, we are obligated under the tenns of our Saas agreement for items such as: Upgrades, new releases - Included. Software Fixes - Included. Revisions - Basic Included, Needs definition. · Support is 24/7/365 - Included. · Technical Support is 24/7/365- Included. User Group Meetings - Included. Customer Support is 24/7/365 · Discover eGOV Help Desk - Included. Support Agreement - Included. with SOW Agreement.

POST IMPLEMENTATION SUPPORT Support/Maintenance Agreement is attached. • Support Staff: staff supports all products under management. • 24/7/365 Support: covered under SaaS agreement.

1

30 SYSTEM TESTING AND TRAINING System Training is handled in a variety of ways and starts during development. The vendor and client work together during the product implementation with check points relative to data conversion, product categories, letters, reports and ongoing use, for others: • Unlimited Training: both initial and ongoing. • Train Department Staff, Designates and Agencies. • "'Train the Trainer" so key personal can guide personnel. • Online Training Sessions ongoing. • Training Refresh Sessions - on demand. The web application resides on Discover eGOV managed servers at the 1&1 facility in Philadelphia, PA. The servers and data reside at the primary facility Philadelphia, in PA and backed-up to a secondary center in Lenexa, Kansas. 3.2 TIMBLINE:

CONTRACTORS must provide a project timcline th.at will allow the project completed to be 1111coessfully within the SCHENECTADY COUN'IY'S designated period. time

PropOffcl Compensation:

5-Year Annual Management and Support Schedule: • 2021 - $6,100.00 • 2022 - $6,300.00 • 2023 - $6,500.00 • 2024 - $6,700.00 ·- 2025 - $6,900.00

Payment Due January 15 of the Service Year. Includea: Hardware: Servers - 2-year refresh cycle. Equipment Redundancy - Included. Software and Ongoing Upgrades - included. Communications/Bandwidth - unlimited. Security Software - patches and updates. Ongoing Training - all-inclusive. Travel Costs - included. 24/7/365 Support. - Included. Help Desk 24/7/365 - Included. Usability Improvements - Included. Online Training Documentation - Included.

2

31 3.4 RESOMES

lllchael Kelly Operotions Analyst/Project Executive

Since 1987, Mike has held senior positions in direct marketing companies that place an emphasis on leveraging technology and systems to better serve customers. With the advent of the Internet, Mike has worked to develop the new channel and external systems to allow customers to order and search merchandiae online. Today, Mike develops online programs for online merchanta and assists catalog companies to develop online strategies to drive customer order conversion. Mike also works with municipalities and content rich websites to make content easy to find and to develop Rich Internet Applications to bring forward multiple ta.ska in single screen applications.

Mike holds a B.S. from the Rochester Institute of Technology.

Geoff' Schtnidt TechnDlogy Officer

~ince 1988, Geotr has held a variety of management positions on both the client side and development side with large, enterprise solutions. With Smith-Gardner, Geoff was a key contributor in the development for the cote "MACS• system {today known as Ecometry) which is a leading software solution used by leading Dil'ect Marketing companies nationally. AB a consultant, Geoff has worked with leading national brands such as Time, Inc., Sony Music, National Geographic Society, Miller Brewing and Sylvan Leaming Centers in website and application development. GeofI's specific areas of expertise include development of database systems and working with client systems and identifying the best transition processes for system integration.

For the development of the Citizen Tax website, Geoff served as the liaison between the client and the Internal Revenue Service Compliant Officers to assure the system programs and performance met and exceeded the requirements, Working with client designates, Geoff coordinated the technical framework for the development and procesaing flow of the required fonns and content to assure the processing is smooth and seamless to the user. L:,aKelly Project Management/Client Relations

Lyn's background involves over 30-years of Project Management, Sales and Operations Support. Roles included the control and management of the Salesforce Customer Relationship Management (CRM) database interlacing with company resources and clients. The planning and participation for Industry Conferences, Meetings/Round Table Facilitator and Coordination for Client Training. Coordinated the activities of 10 Law Firms across the country for collection of file flow data, tracking expense by client, goal reporting and interfacing with key cliente, firm partners in both banking and non-profit sectors. 24/7 Crisis Communication Coordinator managing key contacts and non-

3

32 business hour support. Facilitated mortgage-free home donations through partnership with Military Warrior Support Foundation (Philanthropic Partner) and planning large-scale event presentations working with Military, Music Industry and Major Sporting Event Partners.

In Local Government, Lyn works with clients during the critical phase of product development and ongoing support project phases to assure customers satisfaction.

Lyn holds a B.S. from the Rochester Institute of Technology.

3.5 PROOF OF INSURANCE:

The CONTRACTOR must provide copies of required insurance certificates listing the SCHENECTADY COUNTY aa "Additional Ins~ and must procure and maintain, at its own expense, required policies of insurance during the term of this Contract. All policies shall insure the SCHENECTADY COUNTY for all claims arising out of this ContrQCt. All policies of insurance shall be issued by companies in good financial standing duly and fully qualified and licensed to do business in New York State or otherwise acceptable to the SCHENECTADY COUNTY.

The policies of insurance required are standard Worker's Compensation and Disability Benefits Insurance, if required by law; malpractice and general liability insurance (including. without limitation, contractual liability) with single limits of liability in the amount of $1,000,000 per occu"'ence, and $3,000,000 aggregate coverage; and automobile liability insurance in the amount of $1,000,000 with a minimum of $1,000,000 each occun-ence, bodily' injury, and property damage. Original certificates evidencing such coverage and indicating that such coverage will not be cancelled or amended in any way without thirty (30) days prior written notice to the SCHENECTADY COUNTY, shall be delivered to the SCHENECTADY COUNTY before final execution of thia CONTRACT and original renewal certificates conforming to the requirements of this section shall be delivered to the SCHENECTADY COUNTY at least sixty (60) days prior to the expiration of such policy or policies of inauranoe.

3.6 CHANGE ORDER MANAGEMENT

The CONTRACTOR and Scope of Work Agreement deime the project for the integration of the Schenectady County personnel data and new application process within the parameters of the existing software. 'lbe Schenectady County may request Custom Programming which the CONTRACTOR can provide via a "Change Order.• The Change Order request will be defined by the Schenectady County and the CONTRACTOR will provide a ('not to cxceed1 coat estimate in advance of work starting and requiring formal Schenectady County acceptance. The Change Order work is invoiced at 50% at change acceptance and 50% at completion.

4

33 Discover eGOV Agreement for Service• Statement or Work Semcea

Both ofue agree that the complete agreement between us consists of: (1) this Statement of Work, (2) the Contract (or equivalent agreement signed by both parties).

AcreedTo: Schenectady CoWlty, lfew York

By: ------Authorized Signature "' Name: Type or Print Name

Date:

Custom.el': Schenectady County County Office Building 620 State Street Schenectady, New York 13827

Project Name: Schenectady County Civil Service Portal - Maintenance

Start Date:

Agreed To: Discover cGOV

By: Autborized Signature

Name: Michael Kelly, Project Executive

Date:

Contractor: Catalog & Commerce Solutions, LLC d/b/a Discover eGOV 263 East Street Pittsford, New York 14534

Phone: (585) 350.9884 Email: [email protected]

5

34 Schenectady County Legislature Committee on Public Facilities, Transportation and Infrastructure Hon. Richard Patierne, Chair 6th F1oor County Office Buildine 620 State Street, Schenectady, New York 12305 Phone: (518) 388-4180 Fax: (518) 388-4591

DATE: April 2, 2021 TO: Honorable Schenectady County Legislators FROM: Geoffrey T. Hall, Clerk of the Legislature SUBJECT: COMMITTEE AGENDA Committee on Public Facilities Honorable Patierne, Chair Monday, April 5, 2021 at 7:00 p.m Schenectady County Office Building, Legislative Chambers, Sixth Floor

Item Title Sponsor Co-Sponsors

PFTI 3 A RESOLUTION REGARDING Legislator Patieme AMENDMENTS TO THE LEASE AGREEMENT WITH THE SCHENECTADY COUNTY PUBLIC LIBRARY AND THE VILLAGE OF SCOTIA

-· ------Friday, April 02, 2021 ------Page I of I

35 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Public Facilities, Transportation and Infrastructure Dual Reference: Initiative: PFTI3

Title of Proposed Resolution:

A RESOLUTION REGARDING AMENDMENTS TO THE LEASE AGREEMENT WITH THE SCHENECTADY COUNTY PUBLIC LIBRARY AND THE VILLAGE OF SCOTIA

Purpose and General Idea:

Provides authorization to amend the lease agreement between Schenectady County, Schenectady County Public Library, and the Village of Scotia.

Summary of Specific Provisions:

Authorizes the amendent of the lease agreement between Schenectady County, Schenectady County Public Library, and the Village of Scotia, extending the tenn of the lease through December 31, 2070, and allowing for the construction of a planned addition to the library

Effects Upon Present Law:

None.

Justification:

This amended agreement would extend the contract, and allow for repairs, renovations, and construction of an addition, which woul utilize grant monies received by the county to be used specifically for the direct cost of the project. These changes would repair, and increase the space and functionality of the historic building.

Sponsor: Legislator Patierne

Co-Sponsor:

36 COUNTY OF SCHENECTADY

RORYFLUMAN COUNrY MANAGER

OFFICE Of 1Hf COUMY MANAGER 620 STATE STREET SCHENECTADY, NEW YORK 12305

T!:LEPHONE: (518) 388-4355 FAX: {518) 388-4590

To: Honorable Chairperson and Mem~the Legislature

From: Rory Fluman, County Manager .,

CC: Geoffrey T. Hall, Ciak ofthe Legislature Jesse McGuire, Deputy Clerk ofthe Legislature Christopher H. Gardner, County Attorney

Date: April I, 2021

Re: Authorization to Amend Lease Agreement between Schenectady County, Schenectady County Public Librmy, and the Village ofScotia

Attached is a memorandum from Christopher Gardner, County Attorney, requestin& authorimtion to amend the lease agreement between Schenectady County, Schenectady County Public Libnuy, and the Village ofScotiL As Mr. Gardner indicates, the amended lease would allow for the construction ofa planned addition to the Scotia Branch Library and extend the term ofthe lease through December 31, 2070.

I recommend your approval.

37 COUNTY OF SCHENECTADY OFFICE OF THE COUNTY ATTORNEY Inter-Department Cowespondence Sheet

To: RoryFluman C.OUDty Manager

From; Christopba' H. Gardner(;~ Count)' Attorney

CC: Tom Gifford, Mayor ofScotia Lydia Marola, P.aq. Geoffley T. Hall, Clerk ofthe Legislature M, Joe Lanchy, Director ofDBPW OR Counsel to the Lepilature Kami.Bradley, Llmary Duec1m' William Lcverin&. Prcaidmrt of Schenectady County Board of Trustees Donald SdJeuer, Di?ectm ofFacilities Jaclyn Falotico, Deputy County Manager Julie MoDonnell, Auditor Shannon Pmone, Executive Secretary to the County Manager Date: Mardi 17,2021

Re: Amendment ofLease Apemmt between the County of Schenec&ady, the Schenectady Coonty Public Lllxuy and the VtlJaae of Scotia for the Purpose of Pcmnitting 1hc Comtruction ofan Addition to the Scotia Branch Library and F.Ytendina t.he Leue Tam through December 31, 2070

I am roquc,stiDg that thD proposed Amendment of Leue Agteemellt between the County of 8c.bmectady, the Scbencctady County Library 811d the Vlllase of Scotia, pennits which the comtruction ofan addition to the Sco1ia Branch Li'brary, and which mends the tam of the Leese through December 31, 2070 be forwarded to tho County Legielatun for its eoosideration and approval.

The Scotia Branch Ll'lnry is located cm tho western edge of Collins Parle and is located in the Abraham Olen Home, which Wll8 buih in 1728-293 years ago by the Glen family for which the Town of Olmville is named,

38 The County of Schenectady applied for a State grant to do a historic the libnlry nmovation of along with construction of a small addition. The County n,omved S34S,077 towards a pnt of the direct coat of1he project which is estitnared sit about $760,000. The historic renovation rc,paired and stabilimi the building and includes replacement ofthe sla1e root repair or replacanmt of specific sections ofwood aiding. restoration ofwood windows and tho chimney, exterior paintmg and installation ofstone drainage around tbc exterior ofthe buiJdiDg--ell work reconuneuded renovation by a historic architect 811d done in oompliancc with historic renowtion standards. The plam alao inolude the COD5tnJCtion of an 8S0 square foot addition ofthe building in the back which will provide mectiug space aml handicapped accessible The addition restrooms. is alao designed and in keeping with the building'• historic status. In ordet to proceed with construcdon ofthe addition. 1hc Amended Leue specifically permits this, and vests ownership ofthe addition with the VilJa&e of Scotia. Additionally, tlJe Amended Lease extmds the curnmt 99-year Lease which mids on December 31, 2047 an additiooal 23 years with a new expintion 2070. date ofDecember 31,

~ Village of Scotia acquired the Glen House in 1924, and began using libruy in it ua 1930. The Olen House became part ofthe County Library 1949. system on January 1,

The main portion oftbe Glen HoUle waa built in 1728. The luger of wing., ofthe building the nor1bem was built 111 some point prior to 1800. The Glen family continued tn own the house llDtil 1842, when it wu sold to Charles and James Collins, for whom Collins Park is »8Jlled. It 1'9fflefncd in the Collins family until 19'24 when it WB.11 acquired by tbe Village of Scotia. The Olm House is on 1bc Natimml Register of Historic Places listings in Schenectady County. This historic reoovation and addition arc beina completed as the structure 111 fs nearma its 300 birthday. This project demonstrates the County"s commitment toward preserving our rich history, and it also is an mwnple ofour commitment to the County Librmy system. I recommend that this Lease Amendment be forwarded to the County Legialaturc for consideration 111 at m April s1ll and April 13 u.tmga. The Village of Trustees approved Scotia BDUd of the Lease Amendment at Its meetina on Mudl 15, 2021.

CHO/bh Enclosure

39 AMENDMENT OF LEASE AGREEMENT BETWEEN THE COUNTY OF SCHENECTADY, THE SCHENECTADY COUNTY PUBLIC LIBRARY AND THE VILLAGE OF SCOTIA .FOR THE PURPOSE OF PERMlTI'ING THE CONSTRUCTION OF AN ADDfflON OF THE SCOTIA BRANCH LIBRARY AND EXTENDING THE LEASE TERM THROUGH DECEMBER 31, 2070

WHEREAS, the County ofSc.benectady. the Schenectady County Public Library and the Village of Scotia entered into a 99 year Lease for the period of January l, 1949 through December 31, 2047 through which tho County of Sclumectady leases ftmn the Village of Scotia the property known as the Scotia Village Llmary (A copy ofthis Lcue is annexed hereto as Exhibit A), located at 14 Mohawk Avenue. Scotia, New Yolk; and WHEREAS, 1he County of Schenoctady bas continuously operated a branch library at this lin: sinceJmnw:y 1, 1949; and WHEREAS, the County of Sclieoectady has begun a historic renovation ofthia property which was built in 1728 by or for Abraham Olen, for which the Town of Olenville is muned; aml WHEREAS, this historic renovation project includes 1hc constn,,,tion ofa compatible addition of 800 aqua.re f.eet u described in ccmstrudion documents (A copy of comtruction documents are BDD&,Xed heicto as Exhibit B)i and WHEREAS, The ViJ.laae of Scotia and 1he County of Schenectady are desirous of approval ofhis cxpauion ofthe library; and it is HEREBY AGREED, by the parties that the original Lease agreement is amended to specifically permit 1he construction ofthis h'brary addition; and it is ll'URTBER AGREED, by fllc parties that the ownership ofthis addition shall vest in the Village of Scotia; and it is

40 FURTHER AGREED, that all othe:r provisions ofthe original Lease shall remain in full force and effect except that the term ofthe Lease shall be evtended an additional 23 years and shall now expire on Dccembct" 31~ 2070.

Approved as to form and Content Approved as to form this_ day and Contmt of___ , 2021. this_ day of _____, 2021.

Christopher H. Gardner Lydia Marola County Attorney Village Att.omey

RoryFluman Thomas Gifford County Manager Mayor County of Schenectady Village ofScotia

William Levering Preaident Scheno;tady County Public Library Board ofTrustees

41 ExmBIT A-LEASE

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49 ExmBIT B - CONSTRUCTION DOCUMENTS

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52 l 53 54 55 Schenectady County Legislature Committee on Public Safety and Firefighting Hon. Thomas Constantine, Chair 6th Floor County Office Building 620 State Street, Schenectady, New York 12305 Phone: (518) 388-4280 Fax: (518) 388-4591

DATE: April 2, 2021 TO: Honorable Schenectady County Legislators FROM: Geoffrey T. Hall, Clerk ofthe Legislature SUBJECT: COMMITTEE AGENDA Public Safety and Firefighting Honorable Thomas Constantine, Chair Monday, April 5, 2021 at 7:00 p.m Schenectady County Office Building, Legislative Chambers, Sixth Floor

Item Title Sponsor Co-Sponsors PSF 6 A RESOLUTION REGARDING Legislator Constantine THE ACCEPTANCE OF MONIES FROM THE NYS DIVISION OF CRIMINAL JUSTICE SERVICES FOR IMPLEMENTING THE NEW DISCOVERY AND BAIL REFORM LAWS

PSF 7 A RESOLUTION REGARDING Legislator Constantine THE ACCEPTANCE OF MONIES FROM THE NYS DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES THROUGH THE HAZARDOUS MATERIAL EMERGENCY PREPAREDNESS GRANT PROGRAM

Friday, April 02, 2021 Page I of!

56 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Public Safety and Firefighting Dual Reference: Initiative: PSF6

Title of Proposed Resolution:

A RESOLUTION REGARDING THE ACCEPTANCE OF MONIES FROM THE NYS DIVISION OF CRIMINAL WSTICE SERVICES FOR IMPLEMENTING THE NEW DISCOVERY AND BAIL REFORM LAWS

Purpose and General Idea:

Provides authorization to accept grant monies from the New York State Division of Criminal Justice Services' Criminal Justice Discovery Reform Grant.

Summary of Specific Provisions:

Authorizes the county to accept $774,972 in grant monies from the New York State Division of Criminal Justice Services' Criminal Justice Discovery Reform Grant. This money will also be shared with local law enforcement agencies to help with expenses incurred for discovery compliance.

Effects Upon Present Law:

None.

Justification:

This funding would offset expenses incurred during the NYS Fiscal Year 2020 related to the implementation of discovery reform and bail reform. Eligible expenses include administrative support and personnel expenses, computers and related software. Data connectivity and overtime costs. Addionallty, this grant will reimburse added costs to help with discovery in 2020 such as added positions and purchased equipment.

Sponsor: Legislator Constantine

Co~Sponsor:

57 COUNTY OF SCHENECTADY

RO~YFLUMAN COUNTY MANAGER

OFFICE OF THE COUNTY MANAGER 620 STAT: SlllEET SCHENECTADY, NEW YORK 12305

TELEPHONE: (518) 388-4355 FAX: [518) 388-4590

To: Honorable Chairperson and Membem ofthe Legis]ature From: Rory Fluman, County Manager It CC: Geoffrey T. Hall, Clerk of the Legislature Jesse McGuire, Deputy Clerk ofthe Legislature Robert M. Carney, District Attorney

Date: April 1, 2021

Re: Authorimtion to Accept 2020-21 Discovery Justice Discovezy Reform Grant

Attached is a memorandmn from Robert Camey, District Attorney, requesting authorimtion to accept $774,972 from the Department ofCriminal Justice Services' (DCJS) Criminal Justice Discovery Reform Grant. As District Attorney Carney indicates, this funding is available to offset expenses incurred during the NYS Fiscal Year 2020 related to the implementation of discovery reform and bail refonn.

I recommend your approval.

58 County of Schenectady Office ofthe District Attorney MEMORANDUM

Rory Fluman, Schenectady County Manager Anthony Jasenski, Chah-, Schenectady County L¥sJature John McPhillps, Commissioner of Finance 7111,c:­ FROM: Robert M. Camey, District Attomey

DATE: March 25, 2021

SUBJECT: Accepbmce ofNew Grant •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

I am pleased to report 1hat we received a new grant from the New YOlk. State Division of Criminal Justice Services in the sum of $774,972 to assist us in paying for expenses related to complying with the discovery laws 1hat went into etfeot on January 1, 2020. Our grant is part of the sum of $40 million given to DCJS by Cyms Vance, the New York County District Attomey, ftom his accumulated forfeiture and defem,d prosecution accounts. He has committed to donllting an additional equivalent sum this year. I have attached a copy ofour award letter.

The grant will pay for all eligible expenses the Coqnty has incurred during the current state fiscal year from April 1. 2020 to March 31, 2021. Eligible expenses include adminisfrative support and pasonnel expenses, computers and related software, da1a oonnectivity, and overtime costs. You will recall that l asked you to add positions in 2020 to help us with discoveiy and you did. Specifically we added one attorney for City Court and two clerical positions: an Information Processing Specialist II and a Technical Resource Officer. We also purchased equipment. This grant will now reimburse us for those added costs.

We are also required to collaborate with local law enforcement to sub-con1ract to help them with their expenses. We have canvassed our police agencies •sJdng each to let us know what expenses they have incurred mr discovery compliance. To date we have responses mm the Schenectady, Rottetdam, Niskayuna Police and 1he Sheriff's Department. I have attached a document sent to us with this grant breaking down the activity ofeach department by perce.ntage that each contributes to the work

59 of the criminal justice system in our county. This document is intended to aid us in allocating whatever funds we share with our partners in proportion to their contribution to court activity.

The grant also permits us to defray costs of compliance with the bail reform legislation passed at the same time as discovery refonn. Our Probation Department has added an officer to provide enhanced pre-trial services and supervision and is seeking reimbursement fur tbat position.

The County Manager and CommjssiQllCI' ofFinance are compiling all ofthese costs into a plan for allocation ofthese monies which is not completed as ofthe date of this memo. AB required in 1he grant, the final budget will be agreed to by the County Manager, the Director of Probation and me. I anticipate that we will find appropriate uses for an ofthis money. dh

60 wRK o·MSJOR · · OfCri rruna · I 4 ~TE Justice Services ANDREW M. CUOMO MICHAEL C. GR!EN JEi:=t=REY P, BENDER Governor Executive Deputy Commissioner Deputy Commissioner

Grant Award Notice

Grantee/Contractor: I Date: Schenectad Coun : Februa 9 2021 Program Name: . Award Amount Criminal Justice Dlscove Refonn Grant • $774 972 of Name Offlclal: 1 Alf funding provided must support Chalnnan, Beard of Supervisors · estimated costs during the state fiscal year Earf Van Wormer rfl 1 2020 throu h March 31, 2021 Emall: I Project ID No.: ton : sensld schenectad coun .com . DG2Q..1041-DOO Crfmlnal Justice Discovery Reform Grant -Addltlonal lnfonnatlon:

The New York State Division of Crlmlnal Justice Services (DC.JS) Is pleased to provide funding to your county to support local law enforcement agencies with expenses related to the implementation of discovery and bail reforms that took affect January 1, 2020 .. Your county's maximum award amount has been determined based on the prorated share of criminal court arraignments statewide.

Funding is contingent upon the submission by the county and subsequent DCJS approval of a Discovery Reform Funding Plan. Please see the attached 2020-21 Discovery Reform Application and the Discovery Reform Funding Plan for additional information.

Tha county Discovery Reform Funding Plan should be submitted ID DCJS using the DCJS Grants Management System (GMS). Additional information about GMS is provided in the attached Application document. Questions about the submlsslon of the Plan should be emailed to DCJS at dcisfunding@dcjs_nv.gov. P!easa Include •01scovary Reform Question• In the subject llna of your email. Any questions about GMS access or other technical assistance can alsc be directed to [email protected]

DCJS wlll assist counties In amending submitted Plans If needed. Once Plans are approved by DCJS, grantees wllf be notified and shall receive payment for their entire award. Thank you for all you do to enhance publlc safety. DCJS remains committed to worlc:ing with you In our continued efforts to safeguard the health and safety of all New York. residents and visitors. Attachment 2

80 Soulh swan Sb·oc-t, Albany, New York 12210 I 51£-457-8%2 jwww.crtmlnaljustk:e.ny.gov

61 Three - Year Average Annual Arraipments by Arresting Agency 2017-2019 Schoeetiulv Conntv -- -- - Arraig nn, nnts 0/o of Total Arralgnmonts , Arresting Agency Annual AverngD wit11ln County County Total 3,341 100.00% Schenectady City PO 1,963 58.70% Rotterdam Town PD 486 14.60% Glenville Town PD 278 8.30% Nlsl

47

62 '111ree ~ Year Average An.Dul Arrafpmea1' by An-mtlng Agmey 201'7-2019

14. 8. 6. 4. 2. 0. o. Town PO o. enciea 6.30% Note: Alf Other Agencfes Includes New York State Polic;e, New York State Park Pollce, SUNV Police and other New York State asendea with law enforcement Jurtscllalon. These agendes ani not eU,lble to rec:eM this loc,I assistance fundlnl.

63 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Public Safety and Firefighting Dual Reference: Ways and Means Initiative: PSF7

Title of Proposed Resolution:

A RESOLUTION REGARDING TIIE ACCEPTANCE OF MONIES FROM TIIE NYS DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES TIIROUGH TIIE HAZARDOUS MATERIAL EMERGENCY PREPAREDNESS GRANT PROGRAM

Purpose and General Idea:

Provides authorization to accept grant monies from the U.S. Department of Transportation Hazardous Emergency Preparedness Grant.

Summary of Specific Provisions:

Authorizes the county to accept $5,172 in grant monies from the U.S. Department of Transportation Hazardous Emergency Preparedness Grant.

Effects Upon Present Law:

The County of Schenectady's Department of Finance recommends the following amendment to the 2021 Operating Budget to accommodate a grant award from the New York State Department of Homeland Security and Emergency Services (DHSES). DHSES has advised that the County will receive $5,172 in funding under the Hazardous Materials Emergency Preparedness (HMEP) Grant Program. The grant period covers April 1, 2021 - July 31, 2022.

The Office of Emergency Management plans on using this funding to offset the acquisition cost of a HazMat training meter which will provide enhanced training opportunities for first responders within the County on how to mitigate and address hazardous materials calls.

Establish and Increase Appropriation Code By:

A3640.415421 Office of Emergency Management Hazardous Materials Emgcy Preparedness $5,172

Establish and Increase Revenue Code By;

A4389.07 Federal Aid Hazardous Materials Emgcy Preparedness $5,172

I recommend that this budget amendment be presented to the Schenectady County Legislature for consideration.

Justification:

Funding from this grant will allow for the purchase of a HazMat training meter that can simulate a toxic gas environment. This will enhance training capabilities for HazMat related called in the county.

Sponsor: Legislator Constantine

Co-Sponsor:

64 COUNTY OF SCHENECTADY

RORYfWMAN COUNTY MANAGER

OFFICE OF 11-'.E COUNJY MANAGER 620 STAlE STREET SCHENECTADY, NEW Yoru 12305

TELEPHONE; (518) 388-4355 FAX: {518) 388-4590

To: Honorable Chairperson and Memb~the Legislature

Rory Fluman, County Manager ' . CC: Geoffrey T. Hall, Cletk ofthe Legislature Jesse McGuire, Deputy Clerk ofthe Legislature Mark LaViolette, Director of Emergency Management John McPhillips, Commissioner ofFinance

Date: April 1, 2021

Re: Authorimtion to Accept Funding trom the Hazardous Material Emergency Preparedness Grant from the U.S. Department ofTransportation

Attached is a memorandum from, Mark LaViolette, Director of Emergency Management, requesting authorization to accept $S, 172 ftom the U.S. Department of Transportation through the Huardous Material Emergency Preparedness Grant. Funding from this grant will allow for the purchase of a HazMat training meter that can simulate a toxic gas environment

The attached memorandum from John McPhillips, Commissioner of Finance, details the neccesaxy budget amendment.

I recommend your approval.

65 County ofSclienectdy NEWYORK

Mark LaVlal.U. Office of Emergency Director Management Phone (518) 370-3113 Fax (618) 370-3115 531 Ub9r1¥ $Inlet, Pollce Facility BuUcllng Sc:henedady, New Yortc 12305-2029

March 17, 2021

To: Rory Fluman

From: Mark LaViolette

Subject: FY2021 Ha7.ardous Material Emergency Preparedness Grant (HMEP) C.Ounty Manager Fluman,

Attached is the award letter for Schenectady County•s share in the FY2021 HMEP grant. The total award for this year is $5,172.

This FY2021 Hu.ardous Material Emqency Preparedness Grant will include funding for I HazMat training meter. This m«er will simulate a toxic gas environment. This will eohmoe the training capabilities for HazMat related calls in the county. Sincerely,

Mark LaViolette Director

66 County or SChenectady 620 State street. 3rd Roor, Schenectady,N.Y. 12305 County Finance (518) 388-4260 (518) 388-4248 Fax Memo

TO: Rmy F1umao, County Maaaga-

FROM: John P. McPhillipa, Jr., Commiesiom:r ofF~ ) DATE: Maleh29,2021 ~ SUB.JECT: BudgetArneadmcnt-F.aHqency MaMgement Office-llmrdous Material~ Preparedness Gnmt (HMBP) ______.,______

The CoUD1y of Schmcctady"s Departmmt of Finance JeCC'Ctlrneod• f.bc fullowmg ammdmart t.o the 2021 Operating Budget to amnnrnodate a grant award from the New Yodt State Department of Homeland Security and F..lmqcncy Services (DHSES). DHSES bas advised that the County will receive $5,172 in funding UDda the liaDrdous Matmiala Emage:ncy Pmparedoess (HMBP} Gnmt Program. The gmnt paiod 00\'a'B April 1, 2021 -July 31, 2022.

The Office of Emergency Management plans on using thia funding to oflic:t the acquimon cost of a HazMat tnming meklr which will provi&, cnbaJqd training opportunities for first tapcmdcn witmn the County on how t.o mitigate and addmw hazardous mat.erials calls.

Establish and Increase Appropriation Code By:

A3640.41S421 Office ofF.mergency Management .Ham:dous Materials F.mgcy Prqlarednca

Egblisb, and Increase Revenue Code By: M389.07 FedaalAid Hamdaus Materials F.mgcyPnlparechlesa am

I recommend that this budpt amendmart be presented to the Schencc:mdy County J4isl~ for considention.

67 ~EfK Homeland Seaar!tv ~An and Emergency Services

ANDREW M. CUOMO PATRICK A. MURPHY CiOVl!fflOr Commissioner

March 8, 2021

The Honorable Anthony Jasenlkl, Sr. Chair, Schenectady County Legislature 820 state Street Schenectady, NY 12305

Daar Mr. Jaaenskt:

I am pleased to announce that Schenectady County haa been awarded $5, 172 under the FY2020 Hazardou1 Materfals Errlfqency Preparedness (HMEP) Grant Program. Funding for this grant is provided by the U.S. Department of Tranapartation (D01), Pjpelne and Hazardous Materfals Safety Administration (PHMSA) and Is administered by the New York State Division of Homeland Security and Emergency Services (DHSES). The perfonnanca period for this award is from Aprlr 1, 2021 through July s1, 2022.

Thank you for your continued support of New York state's emergency praparedneu efforts. DHSES ramaina committed to providing you with outstanding auppart In the adminlatration of your emergency preparedneu programs. In order to enaura these funds are made available as quickly aa poeslble, a rapraaantative wlll be raaching out to your grant point rA contact. If you have any questions about this program, pleBH contad my Program Manager, Eric Abramaan, at (518) 4D2-2123.

Congratulations on your award and I look forward to working with you to administer this program.

Sincerely,

~Commlaaloner

cc: Carman Pantalone, Deputy Dlreclor, Schenectady County Emergency Management

1220WasNnpmAve, BldfJ.7■,Albany1 NYun6 I {51B)~ldhses.nJ.P,

68 Schenectady County Legislature Committee on Ways and Means Hon. Philip Fields, Chair 6th Floor County Office Building 620 State Street, Schenectady, New York 12305 Phone: (518) 388-4280 Fax: (518) 388-4591

DATE: April 2, 2021 TO: Honorable Schenectady County Legislators FROM: Geoffrey T. Hall, Clerk of the Legislature SUBJECT: COMMITTEE AGENDA Committee on Ways and Means Honorable Philip Fields, Chair Monday, April 5, 2021 at 7:00 p.m Schenectady County Office Building, Legislative Chambers, Sixth Floor

Item Title Sponsor Co-Sponsors WM 5 BOND RESOLUTION OF THE Legislator Fields COUNTY OF SCHENECTADY, NEW YORK, ADOPTED IN APRIL, 2021, AUTHORIZING VARIOUS CAPITAL PROJECTS IN AND FOR THE COUNTY, STATING THE ESTIMATED TOTAL COST THEREOF IS $8,449,479, APPROPRIATING THEREFOR THE AMOUNT OF $4,180,904, BEING THE SUM OF THE RESPECTIVE APPROPRJATIO NS MADE HEREIN THEREFOR, AUTHORIZING THE APPLICATION OF $2,853,184 TO BE RECEIVED FROM THE STATE OF NEW YORK, AND -$1 ,415,391 TO BE RECEIVED FROM THE FEDERAL GOVERNMENT TO BE APPLIED TOWARDS THE COST OF SAID RESPECTIVE CAPIT AL PROJECTS AND AUTHORIZING

Friday, April 02, 2021 Page I of3

69 Item Title Sponsor Co-Sponsors TIIE ISSUANCE OF $4,180,904 SERIAL BONDS OF SAID COUNTY TO FINANCE THE BALANCE OF SAID APPROPRIATIONS.

WM 6 A RESOLUTION REGARDING Legislator Fields THE SALE OF COUNTY OWNED PROPERTY TO THE SCHENECTADY COUNTY HISTORICAL SOCIETY

WM 7 A RESOLUTION TO AUTHORIZE Legislator Fields THE COUNTY MANAGER TO ENTER INTO A SECURITY AND LOAN AGREEMENT WITH THE ARTS CENTER AND THEATRE OF SCHENECTADY, INC. AND THE FIRST NATIONAL BANK OF SCOTIA

PSF 7 A RESOLUTION REGARDING Legislator Constantine THE ACCEPTANCE OF MONIES FROM THE NYS DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES THROUGH THE HAZARDOUS MATERIAL EMERGENCY PREPAREDNESS GRANT PROGRAM

LCS 3 A RESOLUTION AUTHORIZING Legislator Socha THE CREATION OF A CERTAIN POSITION AT THE CONFLICT DEFENDER'S OFFICE

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70 Item Title Sponsor Co-Sponsors HHS 2 A RESOLUTION REGARDING Legislator Ostrelich BUDGETARY AMENDMENTS TO THE OFFICE OF COMMUNITY SERVICES OPERATING BUDGET TO REFLECT INCREASED STATE AID

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71 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Ways and Means Dual Reference: Ways and Means Initiative: WM5

Tide of Proposed Resolution:

BOND RESOLUTION OF THE COUNTY OF SCHENECTADY, NEW YORK, ADOPTED IN APRIL, 2021, AUTHORIZING VARIOUS CAPITAL PROJECTS IN AND FOR THE COUNTY, STATING THE ESTIMATED TOTAL COST THEREOF IS $8,449,479, APPROPRIATING THEREFOR THE AMOUNT OF $4,180,904, BEING THE SUM OF THE RESPECTNE APPROPRIATIONS MADE HEREIN THEREFOR, AUTHORIZING THE APPLICATION OF $2,853,184 TO BE RECEIVED FROM THE STATE OF NEW YORK, AND $1,415,391 TO BE RECEIVED FROM THE FEDERAL GOVERNMENT TO BE APPLIED TOWARDS THE COST OF SAID RESPECTNE CAPITAL PROJECTS AND AUTHORIZING THE ISSUANCE OF $4,180,904 SERIAL BONDS OF SAID COUNTY TO FINANCE THE BALANCE OF SAID APPROPRIATIONS.

Purpose and General Idea:

Provides authorization for a bond resolution for various projects and equipment previously approved by the County Legislature.

Summary of Specific Provisions:

John McPhillips, Commissioner of Finance, has requested authorization for a bond issuance for projects previously approved by the County Legislature.

Mr. McPhillips' memorandum details each of the projects included in the bond resolution.

Effects Upon Present Law:

Bond Counsel has prepared the required bond resolution authorizing bonding for various projects previously approved by the County Legislature in the 2021 Capital Budget or by separate resolution.

A summary ofthe items included within the Resolution are as follows:

Highway Improvements $ 2,738,543

Communications Upgrades 10,446,119

Community College - Facility Improvements 1,277,500

Correctional Facility Communications and Security Improvements 247,995

County Vehicle and Equipment Replacement 1,802,309

72 Ways and Means 5 Page2

Airport Improvements 233,227

Countywide Parks and Greenspace 1,320,000

DPW Building Improvements 225,000

Improvements of Various County Facilities 675,600

Land Purchase 260,000

Library Improvements 245,000

Library Improvements 280,000

$19,751,293

The balance of the projects included in the 2020 Capital Budget or projects approved by separate resolutions will be funded with State, Federal or other funding as adopted in each established project.

Justification:

Bond Counsel has prepared the required bond resolution authorizing bonding for various projects previously approved by the County Legislature in the 2021 Capital Budget, or by separate resolution.

Sponsor: Legislator Fields

Co-Sponsor:

73 COUNTY OF SCHENECTADY

RORYFLUMAN COUNTY MANAGER

OFFICE OF THE COUNTY MANAGER 620 SrATE STREE! SCHf:NECTADY, NEW YORK 12305

TELEPHONE: (51 BJ 388-4355 FAX: (518) 388-4590

To: Honorable Chairperson and Members':J!1e Legislatme From: Rory Fluman, County Manager ~'1, CC: OeofficyT. Hall, Clerlc ofthe Legislature Jesse McGum, Deputy Clerk ofthe Legislature John McPhillips, Commissioner of Finance

Date: April 1, 2021

Re: Bond Resolution for Various Projects and Equipment Previously Approved by the County Legislature

Attached is a memorandum ftom John McPhillips, Commissioner of Finance requesting authorization for a bond issuance for projects previously approved by the County Legislature. Mr. McPhillip's memorandum details each ofthe projects included in the bond resolution.

Attached is the required bond resolution prepared by bond counsel.

I recommend your approval.

74 Countr~~ 620 Stal& Straat, SIii floor, Schenectady, Nl!W YOik 12305 (518) 388-4280 County Finance (518) 38MZ48 Fax Memo

To: RmyFluman, camty Manager From: John P. McPhillips, Jr., Gmmissim:rofF~ Date: March 29, 2021 lfY Be: 2021 Hood Re&olution

Bond Counsel has piqmed the required band resolution authorizing bonding for various projcca previausly approved by the County Legislmun, in the 2021 Capital Budget or by separme resolution. A summmy ofthe mms included within the Resolution are as follows:

Highway Improvements $ 2.700,118

C'.ommunity College - Facllity Improvements 440,000

Correctional Facility C'4rnrn:unicatioos 325,000

Airport Improvements 30.325

Compost Facility 233,000

Improvemm ofVarious County Facilitim 45,000

Library Improvements 21~776

District Attorney 92,685

Sheriff 100,000

$4,180,904

The balanoo ofthe projects incJuded in the 2020 Capital Budget or projects approved by separate resolutions will be funded with State, Federal or other fun.dins as adopted in each esaablishcd project.

75 Introduced by Legislator

RESOLllflON -- 21

BOND RESOLUTION OF THE COUNTY OF SCHENECTADY, 1'TEW YORK, ADOPTED IN APRIL, 2021, AUTHORIZING VARIOUS CAPITAL PROJECTS IN AND FOR THE COlJNTY, STATING THE ESTIMATED TOTAL COST THEREOF IS $8,449,479, APPROPRIATING THEREFOR THE AMOUNT OF $4,180,904, BEING THE SUM OF THE RESPECTIVE APPROPRIATIONS MADE HEREIN TiiEREFOR, AUTHORIZING THE APPLICATION OF $2,853,184 TO BE RECEIVED FROM THE STATE OF NEW YORK, AND $1,415,391 TO BE RECEIVED FROM THE FEDERAL GOVERNMENT TO BE APPLIED TOWARDS THE COST OF SAID RESPECTIVE CAPITAL PROJECTS AND AUTHORIZING THE ISSUANCE OF $4,180,904 SERIAL BONDS OF SAID COUNTY TO FINANCE THE BALANCE OF SAID APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF SCHENECTADY, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Legislature), AS FOLLOWS:

Section 1. The County of Schenectady, New York (the "County') is hereby authorized to replace four (4) existing gas-fired hot water boilers at the County Jail. The estimated maximum oost of said specific object or purpose, including prelimmary costs and costs incidmtal thereto and the financing thereof, is $300,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $300,000 serial bonds of the County to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

The period of probable usefulness of the specific object or purpose here.in authorized and for which $300,000 of said serial bonds are herein ll'Uth.orized to be issued, wiffrin the limitations of Section 11.00 a. 13 ofthe Law, is ten (10) years.

Section 2. The County is hereby authorl7.ed to enter into the design portion of the proposed roof replacement at the County Jail. The e$t1matc,d maximum cost of said specific object or pmpose, including preliminary costs and costs incidental thereto and the financing thereof, is $25.000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $25,000 serial bonds ofthe County to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

1he period of probable usefulness of the specific object or purpose herein authori7.ed and for which $25,000 of said serial bonds are herein authori7.ed to be issued wiffrin the limitations of Section 11.00 a.62(a) ofthe Law, is five (5) years.

ou101s.ooon Bmlnml 2016293!1¥2 76 Section 3. The County is hereby authorized to undertake renovations to the Schenectady County Shariff Substation. The estimated maximum cost of said specific object or pwpose, including prelimimu:y costs and costs incidental thereto and the financing thereof; is $100,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $100,000 serial bonds of the County to finance said appropriation, and the levy end collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the inter"en thereon as the same shall become due end payable.

The Sheriff Substation is a class "A" building es defined by Section 11.00 a.11 ( a) of the Law, and the period of probable usefulness of said specific object or pwpose herein authorized and for which $100,000 of said serial bonds are herein authom.ed to be issued, within the limitations of Section 11.00 a.12(a)(l) ofthe Law, is twenty-five (25) years.

Section 4. The County is hereby authorized to enter into the design portion of the proposed 519 St.ate Street exterior restorations. The estimated maximum cost of said specific object or plUpOse, including preliminmy costs and costs incidental thereto and the financing thereof, is $45,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of$4S,OOO serial bonds ofthe County to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable,

The period of probable usefulness of the specific object or purpose herein authorized and for which $4S,000 of said serial bonds are herein auth.om.ed to be issued within the limitations of Section I 1.00 a.62(a) ofthe Law, is five (S) years.

Section 5. The County is hereby authoriz~ to undertake roof reconstruction to CST and Elston Hall on 1he campus of the Schenectady County Community College (the "College''). The CKtirnated maximum cost of said specific object or purpose herein authorized, including preliminary costs and costs incidental thereto and the financing thereof, is $470,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of$23S,OOO serial bonds of the County to partially finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $235,000 will be received from the State of New York and will be applied towards the cost of said class of object or purpose to finance the balance of the $470,000 appropriated therefor not provided by the issuance ofsaid $23S,OOO serial bonds herein authoriz.ed therefor.

CST and Elston Hall are each a class "A" building as defined by Section 11.00 a.l l(a) of the Law, and the period of probable usefulness of the specific object or purpose herein authomed and for which $235,000 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.12(a)(l) ofthe Law, is twenty-five (2S) years.

Section 6. The County is hereby authorized to acquire and replace various equipment for the Culinary School on the campus of the College, including two dishwa&hers, a combi oven, a deck oven, and a dish machine. The estimated maximum cost of said specific object or pmpose, including preliminary costs and costs incidental thereto and the financing thereof, is $160,000,

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77 and said amount is hereby appropriated therefore. The plan of financing includes the issuance of $80,000 serial bonds of the County to partially finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that­ $80,000 will be received from the State ofNew York and will be applied towards the cost of said class of objects or purposes to finance the balance of the $160,000 appropriated therefor not provided by the issuance of said $80,000 serial bonds herein autb.om.ed therefor.

The period of probable usefulness of the specific object or purpose herein authorized and for which $80,000 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.32 ofthe Law, is five (S) years.

Section 7. The County is hereby authorued to renoVBte the Chemistry Lab at the College. The estimated maximum cost of said specific object or pwpose herein authoriz.ed, including preliminary costs and costs incidentBl thereto and the financing thcreo~ is $250,000, and said amount is hereby appropriated therefore. The plan offinancing includes the issuance of $125,000 serial bonds of the County to partially finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $125,000 will be received from the State ofNew YOik: and will be applied towmls the cost of said class of objects or purposes to finance the balance of the $250,000 appropriated therefore not provided by the issuance ofsaid $125,000 serial bonds herein authorized therefore.

The Chemistry Lah is a class "A'" building as defined by Section 11.00 a.lt(a) of the Law, and the period of probable usefulness of the specific object or purpose herein authorized and for which $125,000 of said serial bonds are herein 11Uthorized to be issued, within the limitations of Section 11.00 a.12(a)(l) of the Law, is twenty-five (25) years.

Section 8. The County is hereby authorized to construct, reconstruct, pave and resmface various County highways (pavement of sand and gravel, water bound macadam or penetration process with single surface treatment). The estimated maximum cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $4,120,000, and said amount is hereby app,opriated therefor. The plan of financing includes the issuance of$2,140,291 serial bonds of the County to partially finance said appioprie.tion, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $1,979,709 to be received from the State of New York will be applied towards the cost of said object or putpose to finance the balance of the $4,120,000 appropriated therefor not provided by the issuance ofsaid $2,140,291 serial bonds herein authorized therefor.

The period of probable usefulness of the specific objects or pmposes herein authorized and for which $2,140,291 of said serial bonds are herein authom.ed to be issued, within the limitations of Section 11.00 a.20(a) of the Law, is five (5) years.

DIIO.S.0003.2 Buaia. 208'2!l3M 78 Section 9. The County is hereby authorized to undertake pavement preservation for Guilderland/Helderbag Avenue. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $1,001,000, and said amount is hereby appropriated therefore. The plan of financing includes the issuance of $50,050 serial bonds of the County to partially finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $150,150 to be received ftom the State of New York and $800,800 to be received from the federal govemment will be applied towards the cost of said object or puipOse to finance the balance of the $1,001,000 appropriated therefore not provided by the issuance of said $50,050 serial bonds herein authori7.ed therefore.

The period of probable usefulness of the specific object or purpose herein authorized and for which $50,050 of said serial bonds are herein authorized t.o be issued within the limitations of Section 11.00 a.20(b) of the Law, is ten (10) years.

Section 10. The C.Ounty is hereby authorized to undertake the design portion of obstruction removal fimn Runway 10 approach at the County Airport. The estimated maximum cost of said specific objects or pUipOses, including preliminary costs and costs incidental thereto and the :financing thereof, is $175,000, $157,500 of which was appropriated in a previous resolution. Additional funds in the amount of$17,500 are hereby appropriated for said object or purpose. The plan of financing includes the issuance of S87S serial bonds of the Cmmty to fimmce said app:tupriation, and the levy and collection of taxes on all the taxable real property in the County to pa.y the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $87S to be received from the State of New York and $15,750 t.o be received from the federal government will be applied towards the cost of said objects or putposes to finance the balance of the $17,500 appropriated therefore not provided by the issuance ofsaid $87S serial bonds herein authomed therefore.

The period ofprobable usefulness of the class of object or purpose herein authorized and for which $875 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.14 ofthe Law, is ten (10) years. Has prior aut:hormtion from 2020.

Section 11. The County is hereby Emthorized to undertake the design portion of reconstruction of Taxiway ~ B, D at the County Airport and an upgraded Taxiway Jigbting system. The estimated maximmn cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $350,000. The plan of financing includes the issuance of $17,500 serial bonds ofthe County to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $17,500 to be received from the State ofNew York and $315,000 to be received from the federal government will be applied towards the cost of said objects or purposes to finance the balance of the $350,000 appropriated therefore not provided by the issuance of said $17,SOO serial bonds herein authorized therefore.

018011,00032 ihllmNI 208152939¥2

79 The period of probable usefulness ofthe class of object or pmpose herem authomed and for which $17,500 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.14 of the Law, is ten (10) years.

Section 12. The County is hereby authorized to replace, upgrade and expand the District Attorney's S1UVeillance came.re. system. The estimated maximum cost of said class of object or purpose, including preliminary costs and costs incidental thereto and the financing thereo~ is $92,685, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $92,685 serial bonds of the County to finance said appropriation, and the levy and collection of taxes on all 1he taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

The period ofprobable usefulness of the class of object or purpose herein authorized and for which $92,685 of said serial bonds are herem authom.ed to be issued, within the limitations of Section 11.00 a.32 ofthe Law, is five (S) yeBrS.

Section 13. The County is hereby authorized to undertake the replacement of passenger vehicles in the County fleet managed by the Department of Engineering and Public Works. The estimated maximmn cost of said class of object or purpose, including preliminary costs and costs incidental thereto and the financing thereof. is $278,000 and said amount is hereby appropriated therefor. The plan of :financing includes the issuance of $278,000 serial bonds ofthe County to finance said appropriation, and the levy and collection oftaxes on all the taxable real property in. the Coun1y to pay the principal of said bonds and the interest thereon as the same sluµl become due and payable.

The period of probable usefulness of the specific object or pmpose herein authorized herein authorized and for which $278,000 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.77 ofthe Law, is three (3) years.

Section 14. The County is hereby authorized to purchase {a) two (2) ¾ ton pickup trucks with extended cab and plow; (b) one (I) Bobcat compact excavator with tow behind trailer; and (c) one (l) John Deere wheel loader for the Engineering and Public Works Department. The estimated maximum cost of said specific object or purpose herein authom.ed, including preHminary costs and costs incidmital thereto and the financing thmeof, is $401,000, and said amount is hereby appropriated therefore. The plan Qf financing includes the issuance of$273,000 serial bonds of the County to partially finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $128,000 will be received from the State ofNew York and will be applied towards the cost ofsaid class of objects or pmposes to finance the balance of the $401,000 appropriated therefore not provided by the issuance of said $273,000 serial bonds herein authorized therefore

The period of probable usefulness of the class of objects or pmposes herein authorized and for whicli $273,000 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.28 of the Law, is fifteen (15) years.

011011.00031 llullacl1 :ZOH293!1Y2 80 Section 15. The County is hereby authorized to undertake the design and construction of the River Road/Rosendale Road Roundabout. The estimated maximum cost of said specific objects or purposes, including preliminary oosts and costs incidental thereto and the financing thereo( is $2,137,592, $1,871,874 ofwhich was appropriated in previous resolutions. Additional funds in the amount of $265,718 are hereby appropriated for said object or purpose. The plan of financing includes the issuance of $83,817 serial bonds of the County to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $125,000 to be received ftom the State of New York and $56,901 to be received from the federal government will be applied towards the cost of said objects or purposes to finance the balance of the $265,718 appiopriated therefore not provided by the issuance ofsaid $83,817 serial bonds herein authorized therefore.

The period of probable usefulness of the class of object or purpose herein authorm,d and for which $83,817 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.20(b) ofthe Law, is ten (10) years.

Section 16. The County is hereby authorized to undertake the design and reconstruction of Taxiway E, F, K at the County Airport The estimated maximum cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof: is $360,000, $275,000 of which was appropriated in a previous resolution. Additional funds in the amount of $85,000 are hereby appropriated fur said object or purpose The plan of financing includes the issuance of $4,250 serial bonds of the County to finance said appropriation, and the levy and oollection oft.axes on all the taxable real property in the County to pay the principal of said bonds and the intezest thereon as the same shall become due and payable. It is expected that $4,250 to be received from the State of New York and $76.500 to be received from the federal government will be applied towards the oost ofsaid objects or purposes to finance the balance of the $85,000 appropriated therefore not provided by the issuance of said $4,250 serial bonds herein authomed therefore.

The period of probable usefulness of the class of object or pmpose herein authori?.ed and for which $4,250 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.14 of the Law, is ten (lO)yean.

Section 17. The County is hereby authorized to undertake the design of the Old River Road/Rosendale Road Roundabout. The estimated maximum oost of said specific objects or pmposes, including preliminary costs and costs incidental thereto and the :financing thereof, is $329,777, $314,977 of which was appropriated in a previous resolution. Additional funds in the amount of $14,800 are hereby appropriated for said object or purpose. The plan of financing includes the issuance of $2,960 serial bonds of the County to finance said appropriation, and the levy end collection oftaxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $11,840 to be received from the federal government will be applied towards 1he cost of said objects or pmposes to finance the balance of the $14,800 appropriated therefore not provided by the issuance of said $2,960 serial bonds herein authorized therefore.

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81 The period ofprobable usefulness ofthe specific object or pmpose herein authori7.ed and for which $2,960 of said serial bonds are herein authorized to be issued within the limitations of Section 11.00 a.20(b) ofthe Law, is ten (10) years.

Section 18, The County is hereby authorized to make betterments and improvements to the Scotia Branch Library Phase 2, including siding and windows. The estimated maximum cost of said specific objects or pwposes, including preliminary costs and oost.s incidental thereto and the financing therc:o~ is $129,962 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $129,962 serial bonds of the County to finance said appropriation, and the levy and collection of tax.es on all the taxable real property in the County to pay the principal of said bonds and the interest thereon es the same shall become due and payable.

Th.e County Director of Facilities bas certified that the betterments and improvements described in this Section will have at least a :fifteen-year life, and accordingly the period of probable usefulness ofthe class of objects or purposes herein authorized and for which $129,962 of said serial bonds are herein authoriml to be issued, within the limitations of Section 11.00 a.3S ofthe Law, is fifteen (15) years.

Section 19. The County is hereby authorized to make betterments and improvements to the Woodlawn Branch Library, including painting, carpeting and doors. The estimated maximum cost of said specific objects or pw:poses, including preliminary costs and co.sts incidental thereto and the :financing thereof, is $84,814 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $84,814 serial bonds of the County to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

The County Dll'ector of Facilities has certified that the betterments and improvements described in this Section will have at least a fifteen-year life, and accordingly the period of probable usefulness ofthe class of objecm or purposes herein authom.ed and for which $84,814 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00 a.35 of the Law, is fifteen (lS) years.

Section 20. The County is hereby authoriz.ed to undertake a pavement management plan at the County Airport. The estimat.ed maximum cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $154,000. The plan of financing includes the issuance of $7,700 serial bonds ofthe County to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is expected that $7,700 to be received from the State of New York and $138,600 to be received from the federal government will be applied towards the cost of said objects or purposes to :finance the balance of the $154,000 appropriated therefore not provided by the issuance ofsaid $7,700 serial bonds herein authorized therefore.

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82 The period ofprobable usefulness ofthe class of object or pmpose herein authorm,d and fur which $7,700 of said serial bonds are herein authomed to be issued, within the limitations of Section 11.00 a.14 ofthe Law, is um (10) years.

Section 21. The County is hereby mtb.orizcd to refurbish and repair the 2001 Vermeer TG 800 tub grinder. The estimated maximum cost of said class of object or purpose. including preliminaiy costs and cosm incident.al thereto and the financing thereof, is $105,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $105,000 serial bonds of the County to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

The period of probable usefulness of the specific object or purpose herein authorized herein authorized and for which $1 OS,000 ofsaid serial bonds are he.rem authomed to be issued, within the limitations of Section 11.00 a.28 ofthe Law, is fifteen (1S) years.

Section 22. Serial bonds in the aggregate principal amount of $4,180,904 to finance the balance of the appropriations not provided by funds expected to be received from the State of New York, the federal government or the other sources identified herein are hereby authori7.Cd to be issued pursuant to the provisions ofthe Law.

Section 23. Each of the serial bonds authorized by this resolution and any notes issued in anticipation of the sale of such bonds shall contain the recital of validity prescribed by Section 52.00 ofthe Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by general tax upon all the taxable real property within the County without limit.ation of rate or amount The faith and credit of the County are hereby irrevocable pledged to the punctual payment of the principal of and interest on said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption ofthe bonds and any notes in anticipation thereof to mature in such year and (b) the payment ofinterest to be due and payable in such year.

Section 24. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative 1o the authori:zation of 1he issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 23.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 63.00, and Section 164.00 of the Law, the powers and duties of the County Legislature pertaining or incidental to the sale and issuance of the obligations herein authorized and the reissuance of lost, destroyed, partially destroyed or defaced obligations, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to 1he sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Commissioner of Finance, the chief fiscal officer of the County.

Section 25. The Commissioner of Finance is further authorized to take such actions end execute such documents as may be necessary to ensure the continued status ofthe interest on the bonds authorized by this resolution, and any notes issued in anticipation thereo~ as excludable

llll01UOC!2 B1111naa 2081Sl93M 83 from gross income for federal income tax pmposes pursuant to Section I 03 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution and any notes issued in anticipation thereof, if applicable, as ..qualified tax-exempt bonds" in accordance with Section 265(bX3)(B)(i) ofthe Code.

Section 26. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation ofthe sale of said bonds, may be contested only if

(a) (1) such obligations arc authorized for an object or pmpose for which the County is not authori7.ed to expend money, or

(2) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

(b) such obligations are authori~ in violation of the provisions ofthe constitution of the State ofNew York.

Section 27. The County may initially use funds from the General Fund or such other funds that may be available to pay the cost of the specific objects or pwposes authorized by Sections l through 21 of this resolution, pursuant to Section 165.10 of the Law. The County then reasonably expects to reimburse such expenditure with the proceeds ofthe bonds authorized by Section 22 of this resolution, or bond anticipation notes issued in anticipation of such bonds. This resolution shall constitute the declaration of the County's "official intent" to reimburse the expenditures authom.ed by Sections 1 through 21 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulation Section 1.150-2.

Section 28. The Commissioner of Finance is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 1Sc2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

Section 29. To the extent permitted by Section 58.00(f) ofthe Law, the C'.ommissioner of Finance is further authorized to accept bids submitted in an electronic format for any bonds or notes of the County.

· Section 30. This bond resolution shall take effect immediately and the Clerk of the County Legislature is hereby authorized and directed to publish the foregoing resolution, in full ( or a summary thereof), together with a notice attached in substantially the fonn as prescribed in Section 81.00 of the Law, in '"THE DAILY GAZETTE", a newspaper published in the City of Schenectady, New York, having a general circulation in the Co\Ulty and hereby designat.ed as 1he official newspaper of said County for such publication.

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84 CLERK'S CERTIFICATE

I, the undersigned Clerk ofthe County Legislature ofthe County of Schenectady, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the County Legislature of the County duly called and held on April _J 2021, bas been compared by me with the original minutes as officially recorded in my office in the Minute Book of said County Legislature and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the cmporatc seal of said County of Schenectady this __ day ofApril, 2021.

Clerk ofthe County Legislature

- 10- OIIOIB.00032 BuiaN12.01629'!>"2

85 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Ways and Means Dual Reference: Ways and Means Initiative: WM6

Title of Proposed Resolution:

A RESOLUTION REGARDING THE SALE OF COUNTY OWNED PROPERTY TO THE SCHENECTADY COUNTY HISTORICAL SOCIETY

Purpose and General Idea:

Provides authorization for conveyance of Land in the Town of Rotterdam to the Schenectady County Historical Society.

Summary of Specific Provisions:

Authorizes the conveyance of Land in the Town of Rotterdam to the Schenectady County Historical Society and Authorization to make the corresponding budget amendment. This property contains a home that was built in 1910, and borders the Mabee Fann property and the Historical Society's preexisting access to the . The County had previously given this property to the Keepers of the Circle, Inc., but retained the right to take back the property if it was no longer to be used for educational purposes. The Keepers ceased using the property for educational purposes, and the County was awarded title to the property in 2019.

Effects Upon Present Law:

None.

Justification:

The Historical Society has stated that they will purchase the property and utilize it for its not-for­ profit educational purposes.

Sponsor: Legislator Fields

Co-Sponsor:

86 COUNTY OF SCHENECTADY

RORYFLUMAN COUNTY MANAGER

OFFICE OF THE COUNrY MANAGER 620 STATE STREET SCHENECTADY, NEW YORK 12305

TELEPHONE: (51 8) 388--1355 FAX: (518) 388-4590

To: Honorable Chairperson and Members~ Legislature From: Rory Fluman, County Manager r/_, :r. CC: GeoffteyT. Hall, Cletkofthe Legislature Jesse McGuire, Deputy Clerk ofthe Legislature Christopher H. Gardner, County Attorney John McPhillips, Commissioner ofFinance

Date: April 1, 2021

Re: Authom.ation to Sell 1180 Main Street, Rotterdam Junction to Schenectady County Historical Society

Attached is a memorandum from Christopher Gardner, County Attorney, requesting authorization to sell the property at 1180 Main Street, Rotterdam Junction to the Schenectady County Hist.orical Society. Schenectady County previously gave the property to the Keepers of the Circle, Inc., but retained the right to take the property back ifthe Keepers ceased using it for educational purposes. This ultimately happened and the County was awarded the property on April 24, 2019. The Historical Society has submitted an offer of$100,000 for the property and plan to utilize it for not-for-profit educational purposes.

I recommend your approval.

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88 CONTRACTFORPURCHASEANDS.ALEOFREALESTATE

IDENTIFICATION OF PARTIES TO THE CONTRACT

A. 8ETJ.ER - The Seller is the County of Schen8atady, a municipal COJpOrBtion duly cqani?«l and existing under the laws of the State of New Ymt, with an office for the transaction ofbusinms at 620 State Stre~ Schmectady. New York 12305.

B. PURCHASER-The Purchaser is the Schc:aectady County Historical Society, a Not-for-­ Profit Corporation. organi• ml existing under the Not-for-Profit Corporation Law of the State of New York, with an office for the~ of bmriness at 32 Washington Avenue, Schenectady, New York 1230S

PROPERTY TO BE SOLD

The property whim the Seller is agreeing to sell and which the Purohuer is agreeing to purchase land located in the Town ofR.c>tterdam, County ofSclumectad:y, State ofNewYork. u follows: 1180 Main Sin,et, mon: particularly deacribed by Section. Block and Lot of 20.-3-22.

PURCHASE PRICE

The purchase price is One Hundred Thousand (Sl 00,000.00) DOLLARS The Purehaser shall pay the purchase price as follows:

a. S 1,000.00 deposit due at signing b. S 99,000.00 in cash or certified check at closing c. $100,000.00 TOTAL PRICE

LEGISLATIVE APPROVAL

This contract has been approved by a vote of the Scllmectady County Legislatiire by resolution ______. adopted on___ _

ENVIRONMENTAL TEST

Pwduser may causc at tts sole expense -a Phase I Bnvironmen1al examination of the Pm}'Jerty to be made by a qualified expert. Should such evarninetinn show that additional action may be reqwml to detmmioe if the Property is nee from enviroomcmbll hazard Ot waste or indicate removal of an enYironmental hazard or waste &om the Property is necessaey, Purchaser may at its option cancel this Agmcmcat by notice to Seller and in the cvcot Purchaser so notifies, then this Agreement shall be deemed canceled, null and void, and all deposits made hemuDder shall be returned to the Purchuar. Should the Pumhaaer undertake additional t.esting followiug

89 a Phase I Report showing fiJrtbcr examination. is m,c,essmy to determiDe if the property is free from envimtUDen18l hazard or WBStc, such additional action on Purchaser's part shall not constitute a waiver of its right to cancel pw:suant t.o this Section. If Purchaser cancels this contract based on the results of a Phase r. Phase II or other environmental testin& copies of such results will be provided to Seller.

RIGHT OF INSPECTION AND ACCESS

Purchaser and Purcha&er'a engineen, enViIODmental engineers. arcbiteets and athcsr consultants and agents shall have the right to enter the Property and examine the Property and perfom. all necessmy tests and inspections (including without llinitaticm. soil botjngs and water samplings) a perform all other~ due diligence for the purpose ofsatisfying itself u to all mattera bearing on the physical and environmental condition of the Propel'ty and the use and operation ofthe Property by the Purchaser, providing Purchaser shall, at its own mqxmse. retmn the Property to its condition as it exiDd prior to any such tat or inapec:tion.

REPRESENTATIONS AND WARRANTIES OF SELLER

Seller l'eJ)!Ufmts and warrants as follows:

(a) The Property is bemg tnmsferred to 1he Purchaser in III is coutition. subject to all personal property ~med in the property at the date of closing;

(b) Seller has no actual knowledge of any material pending or threatened lawsuits or claims again.st any Seller affecting the Property;

(c) The Seller owns legal and beneficial title to the Property free and clear of all liens and encumbrances except those which may be discharged at the closing of this 1:nmsactloni

(d) The Property and its present use and condition do not violate any applialble deed restrictions or cxwenants, rcs1rictions or agrcemcms, site plan approvals, mning or mbdivision regulations or urban redevolopment plans applieable to the Property, as modified by any duly issued variances;

(c) No notices of violation of law or municipal ordinances or of federal, Ihde, county or m1miwpal or other govrmmcn1al agency n,su1ation. orders or requirements relating to the Property have hem entered or received by tile Seller, and the Seller has no reason to believe that any notice may or will be entered;

(t) &.ccpt as set forth herein, there is no action o.r proceeding (z.onms or otherwise) or govemmental investigation pmding. or, to the knowledge ofthe Soller, threatened against or relatmg to the Seller, the Properly or tho transaction eontrmp]ated by this Agreement, nor, to the knowledge ofthe Seller, ls there any basis for such an action;

90 (g) All roads boundina tbe Property are public roads and the deed ia the only instrument neoessary to convey 1D the Purchaser full access to and tho right to the roads fieely BB well as al1 rights appurtenant to the Property in the roads;

(h) There are no penons entitled to possession OJ' use of the Property other thm the Seller, whether by lease or other apemem. adverse possession, prescription or otherwise, with the exception of the outdoor advertising contmct set forth on Addendum B which is attached homo and m8de a part hereof;

(i) There is not, nor bu there been, any dispute or claim made with respect 10 the property lines ofthe Property.

SURVIVAL OF REPRESENTATIONS

All of the representations, warranties and agreements set forth here and elsewhere in this Agreement shall be true on the execution of this agn,cmcot, but shall not survive the delivmy of the deed end other closina instruments.

SELLER'S DOCUMENTS

At or before the closing. in addition to documents otbawise required hc=m, Seller shall furnish tlic following d001IID1m1ll to Purchaser:

a) A copy of the certified resolution au.thorizing the sale.

b) Such documents, undertakings or mpresentations as Purdmscr's 1itle insurer, or Purchaser's aUmMy may reasonably require.

TITLE AND SURVEY

A fee title insurance poJicy, if desired or required, shall be obtained at the expeme of PurclJBScr. The Seller shall cooperate in providing any available sun,ey, abstract of title or title iDBUnmce policy iDfmmation. without cost to Sellar within five (S) days after Seller executes this Agreement. The Purchaser shall pay the cost of1'1pdaflng any such survey or the cost of a new survey.

Purchaser shall have no obligation to purchase 1he Property Ubless, within 4S days following the full execution and delivery of this Agreement (the 'Title c:mtingeJwy Bxpimtion Date"), the following comingmcies have either been satisfied or waived by Punmaser in Purchaser's sole discretion:

(a) ~ shall have obtained a title n,port evidencing the ability of Seller to convey good and marketable fee title to Pumhascr at closing. Nothing contained herein shall

3

91 permit Seller to retbse to pay off at the closing mortgaaes and other lie.as on the Property. {b) Putchuer slwl have obtained a survey which does not show any state of&cts that would nmder title wmsrbub\e:

PurelJaser shall order such title report end survey within three buaincss days of the approval ofthis contract by the Schenectady County Legislature.

CONDfflONS APFECTING TITLE

The Seller shall convey and the Purcbuer lball accept the Property subject to the covenants, conditions, restrictions ofrecord and usual utility easements ofrecord and mning am! environmental proteolion laws so long as the Property is not in violation thmeof 1111.d 1Df of tbe foregoing docs not J)m'ent Purchaser's use of& property u contemplated hmein; also subject any state offacts which an inspection may show, provided that mtbios in tbiB paraaraph mnderB the title to the Pwpert)- lUDll.melable.

TRANSFER OF TITLE

Transfer of title is to be completed at 12:00 Noon on or about at the oftke of Scllcr'a attorney;

DEED

The Property sball be transferred from Selim' to Purchucr by means of a Quit Claim Deed, furnished by the Seller. The deed and iaJ. property 1rmsfe.r gains tax affidavits will be properly prepared and signed so that it will be accepted for recording by the Scheneetady County Clmk.

NEW YORK STATE TRANSFER TAX

The Parties acknowledge that the Seller is exempt from New York State Real Property Transfer Tax BDd should the tramaction bo subject to Real Property Tnmsfer Tax, BUCh tax is the responsibility ofthe Purchaser..

TAX AND OTHER ADJUSTMENTS

Taxes and usessmentB shall be apportioned so that the Purchaser and Seller are 888uming the expenses ofthe Property as ofthe date oftmnsfer oftitle.

4

92 REAL ESTATE BROKER

The Parties acknowledge that no Real Estate Broker was instnnnenta1 in bringing about this Agreement.

NOTICF.S

All notices contemplated by 1his Agrerment shall be in writing, delivered by certified or registered mail, retum receipt requested. postmarked DO Jater than die required date, or by personal service by such date 1n the addresses as first set forth in this Agreement.

ENTIRE AGREEMENT

This Agreement Mntains all agreements of the parties hereto. There are no promises, agreements, tmms. condiliom, wammties, :representatiom or statements otw,r than uontaimd herein. This Agreement shall apply to mid bind 1be heirs, legal :represcn1atives, sw:cessors and assigns ofthe respective parties. It may not be changed orally.

MODIFICATION

No change or modification of this Agreement sbaU be valid or binding upon the parties, nor shall any waiver of ll1lY term or condition be deemed a waiver of the term or condition in the future. unless the chase or modifwation or waiver shall be in writing signed by all parties.

COUNTERPARTS AND ELECTRONIC SIGNATURE

This Agreement may be executed in counterparts. each of which shall be deemed an original, but ell of which 1aken together shall constitu1e one ml the same fnatnunent. Confittnation of execunon by electlOnic tnmsmission of a facaimile, or emailed signatme page, Bhall be binding on a party .so confirmmg.

93 BINDING EFFECT

This Agreement shall inUIC for the bcneflt of and be bindins upon the parties, their lesal represen1atives, heirs, successors and assigns and shall survive the closmg and transfer oftitle.

PURCHASER. SELLER

THE SCHENECTADY COUNTY IDSTORICAL SOCIEIT THE COUNTY OF SCHENECTADY

By: ______By:______RoryFluman CoUDty Manager

Approved as to form and gontent:

Christopher H. Gardner County Attorney

6

94 QuftmimDecd

THIS INDENTUREma&anthis dayot'April.20l11 Between THE COUNTY OF SCHENECTADY, NEW YORK, a municipal corporation ofthe State ofNew Y ode. having an office at 620 State S1Ieet in the City and County ofSchencct:ady, State of New York 12305, party ofthe first part, and THE SCHENECTADY COUNTY HISTORICAL SOCIETY, a Not-fur.Profit Cmporati011t organized and existing under the taws of1he State of New Yort, having an office at 32 Washington Avem.Je. in the City and County of Schenectady, State of New York 1230S, party offhe second part,

WITNB8SBTH that 1hc party ofthe first part, in consideration ofOne Dollar (SI .00) lawful money of the United States, and other good and valuable ccmsi.deration paid by the party ofthe second part, docs hereby remise, release and quitclaim. uuto the party ofthe seoond part, the SUr.ces80l'8 and assigns ofthe party oftho second part foreve,, ALL THAT PIECH OR PARCHL OF LAND lying and being in the Town ofRotterdam, County ofSchenectady and State ofNew York, shown on the Real Property Tax Service Tax Map oftheCounty of Schenectady, as follows: Street Name: 1180 Main Street SBL: 20.-3-22

r.,-,,. with the appurtenances and all the estate, rights and interest ofthe party ofthe first part in and to said premises.

The party ofthe first part makes no representations to the party of the second part herein as to the conditiODS or physical existence of the property described berdn abovo, or to the marketability of its title.

This conveyance is made pursuant 1o Resolution 29-2lofthe Scbmectady County Legislaturi:, in accordance with §1170 ofthe New Yoik Sime Real Property Tax Law.

1't1 i11Ye "1tll tfl /toll the premises herein gnmt.ed unto the party ofthe second part, the successors and assigns of the party of tho second part forever.

In Witness Whereof, tbs party ofthe first part has caused its cmpwate aea1 to be hereunto affixed, and these presents to be signed by its duly audiorized oflicm the day and year first above written.

IN PRESENCE OF THE COUNTY OF SCHBNECTADT By:______RoryFiuman County Manager

95 STATE OF NEW YORK ) ) u.: COUNTY OF SCHENECTADY )

On the __ day ofApril, Jn the year 20211 before me. the undersigned, peraolllllly appeared. Rory Fluman, personally known to me or proved to me on the basis of satismctory evidence to be 1hc individual whose name is subscribed to the within lnstrumant ml acknowledged to ~ that he executed the same in his capacity, and that by his si~ on the ~ the individual, or the person upan behalf ofwhich the individual acted, executed the illBtrument.

Notary Public

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!1! 97 LEGISLATIVE INITIATIVE FORM

Date: 4/2/2021 Reference: Ways and Means Dual Reference: Ways and Means Initiative: WM7

Title of Proposed Resolution:

A RESOLUTION TO AUTHORIZE THE COUNTY MANAGER TO ENTER INTO A SECURITY AND LOAN AGREEMENT WITH THE ARTS CENTER AND THEATRE OF SCHENECTADY, INC. AND THE FIRST NATIONAL BANK OF SCOTIA

Purpose and General Idea:

Provides authorization for a loan and security agreement between Proctors Theatre, Schenectady County, and First National Bank of Scotia.

Summary of Specific Provisions:

Authorizes a loan and security agreement between Proctors Theatre, Schenectady County, and First National Bank of Scotia in order to help significantly lower the interest rate and ensure that crucial financing takes place. Proctors is seeking to address cash-flow issues created by the Pandemic by borrowing $1,720,000 from the First National Bank of Scotia. Schenectady County would collateralize this loan with an annual $200,000 payment as guaranteed by a local law obligation to Proctors.

Effects Upon Present Law:

None.

Justification:

Providing a security interest for this loan will help to significantly lower the interest rate and ensure that crucial financing takes place. This will enable Proctors, which is set to reopen in September, to continue to secure the finest Broadway musicals and shows.

Sponsor: Legislator Fields

Co-Sponsor:

98 COUNTY OF SCHENECTADY

RORYFLUMAN COUNTY MANAGER

OFFICE OF THE COU/\'TY MANAGER 620 STATE STREET SCHENECTADY, NEwYORK 12305

TELEPHONE: {518) 388-4355 FAX: (518) ~90

To: Honorable Chairperson and Members~· of e Legislature From: Rory F1uman., County Manager , , CC: Geoffrey T. Hall, Clerk ofthe Legislature 1esse McGuire, Deputy Clerk ofthe Legislature Christopher H. Gardner, County Attorney Phillip Morris, CBO ofArts Center and Theatre of Schenectady, Inc. John McPhillips, Commissioner ofFinance

Date: April 1, 2021

Re: Authorization to Enter into a three-way Loan and Security Agreement with Proctors Theater and the First National Bank of Scotia

Attached is a memorandum from Clnistopher Gardner, County Attorney, requesting authorization to enter into a threo-way loan and security agreement with Proctors Theater and the First National Bank of Scotia. Proctors Theater iB seeking to borrow $1,720,000 from the First National Bank of Scotia to address cash.flow problems resulting from the pandemic. Schenectady County would collateralize this loan with an annual $200,000 payment as guaranteed by our local law obligation to Proctors Theater. By Schenectady County entering into this agreement, Proctors Theater will have a significantly lower interest rate and be in a better position to reopen in September.

I recommend your approval.

99 COUNTY OF SCHENECTADY OFFICE OF THE COUNTY ATTORNEY Inter-Department Correspondence Sheet

March 31, 2021

*REVISED April 1, 2021 WITH UPDATED LOAN AND SECURITY AGREEMENT*

To: Rory Fluman, County Manager From: Christopher H. Gardner, County Attorneyc;te Copies to: Jaclyn Falotico, Deputy County Manager Phillip Morris, CEO of Arts Center and Theatre of Schenectady, Inc. Geoff Hall, Clerk of the Legislature Jesse McGuire, Deputy Clerk of the Legislature Joe Landry, Counsel to the Legislature Erin Roberts, Director ofPublic Communications Shannon Perrone, Executive Secretary to the County Manager

Re: Loan and Security Agreement between: Arts Center and Theatre of Schenectady, Inc. (Proctors Theatre); County of Schenectady; and First National Bank of Scotia County Attorney File No. 21-059

In 2008, the County Legislature enacted a Local Law which guaranteed Proctors $200,000 annually from the bed tax. Prior to that legislation, the bed tax by local law gave 60% ofthe bed tax revenue to Proctors. At that time, 60% ofthe revenue was significantly less than $200,000. This commitment helped to keep Proctors a thriving and dynamic entertainment venue, as its rebuild and expansion was completed. At the same time the County Legislature gave the County Manager the authority to enter into a three-way Loan and Security Agreement. The Loan was for $900,000 from the First National Bank of Scotia to the Arts Center and Theatre of Schenectady, Inc. (a/k/a Proctors).

As part of that Agreement, Proctors granted a security interest to First National Banlc of Scotia in the $200,000 annual payment made by County of Schenectady to Proctors, and the County Legislature agreed to this.

As that loan is repaid, the pandemic has created severe cash-flow problems for Proctors, which Proctors is seeking to address by borrowing $1,720,000 from the First National Bank of Scotia. As in the first loan, the First National Bank of Scotia and Proctors are seeking to have this loan collateralized by the $200,000 annual payment. The term of the loan is sixteen (16) years or one hundred and ninety-two (192) months.

100 As Proctors gets ready to reopen this September, this loan will help Proctors continue to obtain the finest Broadway musicals and shows. By providing a security interest for this loan, the County is helping to significantly lower the interest rate and ensure that this crucial financing takes place.

I recommend that this Loan and Security Agreement be forwarded to the County Legislature for its consideration at its April 5th and 13th meetings.

Specifically, I am seeking authority for the County Manager to enter into this Agreement, and any other Agreements necessary to carry out this Loan and Security Agreement. CHG/kah Attachments

101 LOAN AND SECURITY AGREEMENT

THIS AGREEMENT, dated as of April __, 2021, is by and among:

ARTS CENTER AND THEATRE OF SCHENECTADY, INC., a corporation duly organized and validly existing in accordance with the Not-For-Profit Corporation Law of the State of New York, having its principal place of business located at 432 State Street, Schenectady, New York 12305 (the "Borrower" or the "Debtor"):

COUNTY OF SCHENECTADY, NEW YORK, a municipal corporation duly organized and validly existing in accordance with the law of the State of New York, having its principal place of business located at 620 State Street, Schenectady, New York 12305 (the "County"); and

FIRST NATIONAL BANK OF SCOTIA, a banking corporation duly formed and existing in accordance with the laws of the United States of America, having its principal office at 201 Mohawk Avenue, Scotia, New York 12302 (the "Lender" and/or the "Secured Party").

RECITALS:

The Borrower has applied to the Lender for a loan in the principal amount of One Million Seven Hundred Twenty Thousand and 00/100 Dollars ($1,720,000.00) (the "Loan") to refinance that certain existing loan with the Lender (Loan Number 6858557400) and to provide working capital to the Borrower.

Funding for repayment of the Loan is being provided by the County pursuant to the terms and provisions of that certain Public Benefit Services Agreement dated ,--~---,-...,.,...---,-.,..... 2021 by and between the County and the Borrower, as the same was authorized by Resolution Numbers _ and _ passed on ....,...... ,...,...,..--~--- by the Schenectady County Legislature, terms, provisions and conditions of which are incorporated herein by reference and made part hereof (the •Funding Agreemenr).

The Lender has agreed to make the Loan to the Borrower pursuant to the terms and conditions of a certain Commitment Letter signed by Gregory N. Phillips, Vice President, dated March 10, 2021 (the "Lender's Commitment'), the terms provisions and conditions of which are incorporated herein by reference and made part hereof and which shall survive the closing of the Loan.

By this Loan and Security Agreement the parties desire to set forth their agreements and understandings with respect to the .Loan and the security herein pledged, and the basis upon which it will be closed, paid and otherwise administered.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:

ARTICLE I

SECTION 1.01: THE LOAN/ LOAN DOCUMENTS

Subject to the terms and conditions of the Lender's Commitment and this Loan and Security Agreement. the Lender hereby agrees to lend to the Borrower and the Borrower hereby agrees to borrow from the Lender and repay to the Lender or its assigns the amount One Million Seven Hundred Twenty Thousand and 00/100 Dollars ($1,720,000.00) (the "Loan"). The Loan will be considered to have been made on the date hereof (the "Closing Date•). The obligation of the Borrower to repay the Loan shall be evidenced and collateralized by:

A. a Promissory Note made by the Borrower in favor of the Lender dated on even dated herewith

102 (the "Note"); and

B. a first priority lien security interest in and collateral assignment of the Funding Agreement pursuant to the Uniform Commercial Code as made and provided for herein. all in a form satisfactory to the Lender, dated of even date herewith (collectively, the "Loan Documents•, all sums due or to come due under the Loan Documents are referred to herein as the "Indebtedness").

SECTION 1.02: TERM/ REPAYMENT/ INTEREST

The Loan shall be repaid in accordance with the Note, the terms, provisions and conditions of which are incorporated herein by reference and made part hereof. The Note, together with all interest due thereon at the Note Rate therein defined, and all other charges due or to come due thereon and under the Loan Documents (the "Indebtedness") shall be due and payable in full on the Monthly Payment date of the final month of the term of the Loan (the "Maturity Date"). All payments shall be applied first to Interest, then to reduction of Principal, and lasUy applied to all other charges due or to come due under the Loan Documents. All payments shall be made promptly to the Lender at its address specified at the beginning of this Agreement, or at such other address as it may designate in writing. The Borrower shall be entitled to pay all or any portion of the Indebtedness prior to the Maturity Date, but in doing so shall be obligated to comply with the prepayment provisions set forth in the Note and pay the applicable penalty, if any.

SECTION 1.03: PURPOSE OF LOAN

The purpose of the Loan is to refinance that certain existing loan with the Lender (Loan Number 6858557400) and to provide working capital to the BorrQWer.

ARTICLE II

[Intentionally OmittedJ

ARTICLE Ill

SECURITY AGREEMENT AND ASSIGNMENT

SECTION 3.01: DEFINITIONS

All term used herein which are defined by the New York Uniform Commerclal Code (the "UCC") shall have the meanings assigned to them by the UCC, as in effect of the date hereof, and as may be amended from time to time, unless and to the extent varied by this Loan and Security Agreement.

SECTION 3.02: SECURITY INTEREST AND ASSIGNMENT

A. For value received and as collateral security for the Indebtedness, Debtor hereby grants to Secured Party a first priority security interest, lien and mortgage in and to, and agrees and acknowledges that Secured Party has and shall continue to have such security interest, lien and mortgage in and to, and hereby assigns to Secured Party all of Debtor's right, title and Interest In and to the Funding Agreement, including any amendments, modifications, renewals and/or modifications thereof, together with any and all Proceeds therefrom, including, without limitation, all cash, credit balances, and payments to be made by the County to the Borrower thereunder.

B. The County hereby consents to such grant of security interest and assignment.

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103 SECTION 3.03: INDEBTEDNESS SECURED

The security interest and assignment of rights contained herein is granted to secure the payment and performance of the following (collectively, the "Secured Indebtedness"): (a) the Indebtedness evidenced and collateralized the Loan Documents and/or otherwise arising thereunder, together with all renewals, extensions and modifications of the Indebtedness or any part thereof, and (b) all costs and expenses reasonably incurred by Secured Party to obtain, preserve, perfect and enforce the security interest and assignment granted hereby and to collect under the Funding Agreement, including, but not limited to, reasonable attorneys' fees and legal expenses.

SECTION 3.04: SURVIVAL OF SECURITY INTEREST

The security interest granted and pledged herein, together with all applicable provisions of this Loan and Security Agreement, shall survive any payment or discharge of the Loan, and shall continue in full force and effect until such time that the Secured Indebtedness and all obligations herein are satisfied and Secured Party provides written release of said interest to Debtor.

SECTION 3.05: COLLECTION UNDER FUNDING AGREEMENT

A. At all times during the term of the Loan, the County shall deposit into the Borrower's depository account to be maintained by the Borrower with the Lender (as required by Section 6.03 herein) all payments to be made by the County to the Borrower under the Funding Agreement. Unless and until an Event of Default shall have occurred (as herein defined), the Lender shall debit such account for all payments due when due to the Lender in repayment of the Loan only and the Borrower shall have the right to access the remainder of such .

B. After an Event of Default shall have occurred (as herein defined), Secured Party shall have the right at any time and all times to enforce Debtor's rights against the County as obligor under the Funding Agreement and to receive the total sum of any and all payments due or to come due thereunder, including, but not limited to, the right to:

i. notify and/or require the County to make payments directly to Secured Party or in care of a •Repayment Account" under the sole control of Secured Party established at Debtor's expense subject to Secured Party's customary arrangements and charges therefore; or

ii. take any or all action with respect to the Funding Agreement as Secured Party shall determine in its sole discretion, including, without limitation, the right to demand, collect, sue for and receive any money or property at any time due, payable or receivable on account thereof, compromise and settle with any person liable thereon, and extend the time of payment or otherwise change the terms thereof, without incurring liability or responsibility to Debtor;

Secured Party's collection and enforcement of its rights against the Funding Agreement shall be deemed to be commercially reasonable if Secured Party exercises the care and follows the procedures that Secured Party generally applies to the collection of obligations owed to Secured Party. All Proceeds of the Funding Agreement may be applied by Secured Party upon Secured Party's actual receipt thereof against such of the Secured Indebtedness, matured or unmatured, as Secured Party shall determine in Secured Party's sole discretion:

C. The County hereby warrants, represents, covenants and agrees, that notwithstanding any term or provision of the Funding Agreement to the contrary, its obligation to make payments under the Funding Agreement to the extent of the amount of the Secured Indebtedness is a binding, non­ cancelable obligation of the County. The County acknowledges that the Lender is relying on such representation and agreement in extending the Loan to the Borrower.

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104 SECTION 3.06: CARE OF AND DUTY WITH RESPECT TO COLLATERAL

A. Debtor shall have the obligation to perform all agreements on its part to perform under the Funding Agreement and Secured Party shall have no liability or duty so, either before or after the occurrence of an Event of Default, as a precondition to its right to receive payments thereunder as provided for hereinabove.

B. If Secured Party actually receives any notices requiring action with respect to the Funding Agreement, Secured Party shall take reasonable steps to forward such notices to Debtor. Debtor is responsible for responding to notices concerning the Funding Agreement and exercising its rights thereunder. Secured Party's sole responsibility is to take such action as is reasonably requested by Debtor in writing, however, Secured Party is not responsible to take any action that, in Secured Party's sole judgment, would adversely affect the value of the Funding Agreement as collateral for the Secured Indebtedness. While Secured Party is not required to take certain actions, if action Is needed, in Secured Party's sole discretion, to preserve and maintain payments under the Funding Agreement, Debtor hereby authorizes Secured Party to take such action, but Secured Party is not obligated to do so.

SECTION 3.07: AUTHORIZATION AND POWER-OF-ATTORNEY

Debtor hereby designates and appoints Secured Party and its designees as attorney-in-fact of Debtor, irrevocably and with power of substitution, with authority to endorse Debtor's name on requests to other secured parties of Debtor for accountings, confirmations of collateral and confirmations of statements of account.

SECTION 3.08: WARRANTIES, REPRESENTATIONS AND COVENANTS

With respect to the Funding Agreement, Debtor warrants, represents and covenants as follows:

A. No financing statement or other document creating or evidencing a lien covering any the Funding Agreement is on file in any public office or land or financing records except for financing statements in favor of Secured Party and as heretofore disclosed to Secured Party in writing;

B. Debtor has and will have when the Funding Agreement becomes subject to this Loan and Security Agreement the right to receive payments under the Funding Agreement without dispute, right of setoff, counterclaim or defense exist with respect thereto or any part thereat,

C. The security interest granted and assignment made to Secured Party hereunder shall constitute a first priority Hen upon the Funding Agreement. Debtor will not, and Secured Party does not authorize Debtor to, transfer, discount, sell, grant or assign any interest in the Funding Agreement nor, without Secured Party's prior written consent, permit any other lien to be created or remain thereon except for permitted liens herein;

D. Debtor will promptly notify Secured Party In writing of any litigation Involving or affecting the Funding Agreement or the Debtor's right to receive payment thereunder which Debtor knows or has reason to believe is pending or threatened;

E. Debtor shall do, make, execute and deliver all such additional and further acts, things, deeds, assurances, instruments and documents as Secured Party may request to vest in and assure to Secured Party its rights hereunder or in the Funding Agreement; and

F. Debtor authorizes Secured Party to file financing statements and continuation statements covering the Funding Agreement as Secured Party shall deem necessary or desirable to protect

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105 Secured Party's interest therein. Debtor agrees to pay all taxes, fees and costs (including reasonable attorneys' fees) paid or incurred by Secured Party In connection with the preparation, filing or recordation thereof. Debtor shall not file any amendments, correction statements or termination statements concerning the Personal Property Collateral without the prior written consent of the Secured Party.

ARTICLE IV

WARRANTIES, REPRESENTATIONS AND COVENANTS

The Borrower warrants, represents and covenants as follows:

SECTION 4.01: DULY ORGANIZED

The Borrower is a duly organized and validly existing entity under the laws and provisions recited in the preamble of this Agreement. The Borrower has the power and legal capacity to carry on its business and to borrow and otherwise perform and has the power to own its properties that are pledged as collateral hereunder. This Loan and Security Agreement is the legal binding obligation of the parties hereto, enforceable in accordance with its terms.

SECTION 4.02: DULY AUTHORIZED

The making and performance by the Borrower of this Loan and Security Agreement, and the execution and delivery of the Loan Documents have all been duly authorized by all necessary action and will not violate any law, rule, regulation, order, writ, judgment, decree, determination or award presently in effect having applicability to the Borrower nor will result in a breach of or constitute a default under any indenture or bank loan or credit agreement or any other agreement or instrument to which the Borrower is a party.

SECTION 4.03: LEGAL BINDING INSTRUMENTS

When this Loan and Security Agreement is executed by the parties hereto, when the Note is executed and delivered by the Borrower for value, and upon the execution and delivery of the Loan Documents by the respective obligors thereon, each such instrument shall constitute the legal, valid and binding obligation of the Borrower and /or other parties signatory thereto in accordance with their terms.

SECTION 4.04: NO LEGAL ACTIONS

There are no legal actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened against the Borrower before any court or administrative agency which, if determined adversely to the Borrower would have a material adverse effect on the financial condition or business of the Borrower.

SECTION 4.05: NO LEGAL AUTHORIZATION NEEDED

Other than the approval of the Funding Agreement by the County as referred to in the recitals hereof, no authorization, consent or approval, or any formal exemption of any government body, regulatory authorities (federal, state or local), creditor or third party is or was necessary to the valid execution and delivery by the Borrower of this Loan and Security Agreement or the Loan Documents.

SEpTION 4.06: NOT IN DEFAULT

The Borrower are not in default of any obligation, covenant or condition contained in any bond, debenture, note or other evidence of indebtedness with any of its other creditors or any mortgage or collateral instrument securing the same.

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106 SECTION 4.07: TAXES ARE PAID

The Borrower has filed all tax returns which are required and have paid or made provisions for the payment of all taxes which have or may become due pursuant to said returns or pursuant to any assessments levied against the Borrower or its personal or real property by any taxing agency, federal, state or local, including, but not limited to: income taxes; payroll taxes; real estate taxes; and sales taxes. No tax liability has been asserted against it by the Internal Revenue Service or other taxing agency, federal, state or local for taxes materially In excess of those already provided for and the Borrower knows of no basis for any such deficiency assessment

SECTION 4.08: TITLE TO PROPERTIES

The Borrower have good and marketable title to all of its properties and assets and all of the properties free and clear of all liens and encumbrances, except as provided for herein.

SECTION 4.09: PLACE OF BUSINESS

The principal place of business and chief executive office of the Borrower is located at the addresses set forth in the preamble of this Loan and Security Agreement and at such other business locations as disclosed to Lender prior to the date hereof. The Borrower will not change the location of their principal place of business or open additional business locations (other than those locations heretofore disclosed to Lender) without Lender's prior written consent, which shall not be unreasonably withheld.

SECTION 4.10: NO ADVERSE CHANGE

The Borrower certifies that there has been no adverse change in its financial condition, organization, operation, business prospects, fixed properties or personnel since the date of application to Lender in connection with the Loan.

ARTICLEV

CONDITIONS OF LENDING

The obligation of the Lender to make the Loan shall be subject to the fulfillment at the time of closing of each of the following conditions:

SECTION 5.01: EXECUTION OF COMMITMENT

The Borrower and/or other parties shall have executed and delivered to the Lender the Lender's Commitment and paid all sums due to the Lender thereunder, if any.

SECTION 5.02: EXECUTION AND DELIVERY OF NOTE AND LOAN AND SECURITY AGREEMENT

The Borrower and/or other parties shall have duly executed and delivered to the Lender this Loan and Security Agreement and the Note in a form satisfactory to the Lender and its Counsel.

SECTION 5.03: EXECUTION AND DELIVERY OF LOAN DOCUMENTS AND OTHER COLLATERAL

The Borrower and/or other parties hereto shall have executed and delivered to the Lender the Loan Documents and all other documents and instruments required hereunder.

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107 SECTION 5.04: NO DEFAULT

At closing and at the time of any subsequent advance under this Loan and Security Agreement, or any other of the Loan Documents, Lender shall be fully satisfied that (a) all of the covenants, conditions, warranties and representations set forth herein and in the Note have been complied with and are true and complete on and as of such time with the same effect as though said covenants, conditions, warranties and representations have been made on and as of such time, (b) no Event of Default nor any event which, upon giving notice and/or lapse of time, could constitute an Event of Default shall have occurred, and (c) the documents and matters required to be executed, delivered, opined and/or certified pursuant to Section 4.05 hereof shall be in full force and effect and/or true and complete, as the case may be.

SECTION 5.05: ORGANIZATIONAL DOCUMENTS/CORPORATE AUTHORIZATION

A. The Borrower shall have delivered to the Lender certified copies of the following of its organizational documents: Certificate of Incorporation; By-Laws; a Certificate of Good Standing; and a Franchise Tax Search.

B. The Borrower shall have delivered to the Lender certified copies of all necessary consents/authorizations required by the foregoing.

SECTION 5.06: APPROVAL OF OTHERS

The Borrower shall have secured all necessary approvals or consents required with respect to this transaction by any mortgagor, creditor or other party having any financial interest In the Borrower.

SECTION 5.07: OPINION OF COUNSEL

The Lender shall have received an opinion of the attorney for the Borrower that the warranties and representations of such persons/ entities as made in this Loan and Security Agreement and elsewhere in the Loan Documents are true and accurate on and as of the Closing Date and the conditions of the Loan have been duly satisfied.

ARTICLE VI

AFFIRMATIVE COVENANTS

Unless the Lender or its assigns shall otherwise agree in writing, the parties hereto agrees to comply with the following covenants from the date hereof until such time as the Borrower has fully paid the Indebtedness:

SECTION 6.01: PAYMENT OF THE LOAN

The Borrower shall pay punctually the principal and interest on the Note according to its terms and conditions and to pay punctually any other amounts that may become due and payable to the Lender under or pursuant to the terms of this Loan and Security Agreement or any of the Loan Documents.

SECTION 6.02: PAYMENT OF OTHER INDEBTEDNESS

The Borrower shall pay punctually the principal and interest due on any other indebtedness now or hereafter at any time owing by the Borrower to the Lender or any other lender.

SECTION 6.03: DEPOSITORY RELATIONSHIP

The Borrower shall open and maintain a commercial deposit account with the Lender into which the

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108 County shall deposit all payments under the Funding Agreement and from which the Lender shall debit all payments and other sums due, if any, in connection with the Loan.

SECTION 6.04: COMPLIANCE WITH STATUTES, ORDINANCES, RULES, REGULATIONS AND ORDERS

A. The Borrower shall comply with all statutes, ordinances, rules, regulations and orders of any federal, state and municipal authority or official having jurisdiction over its operations or properties (the "Governmental Requirements"); provided that the Borrower may contest in good faith any statutes, ordinances, rules, regulations and orders of such bodies or officials in any reasonable manner which will not, in the Lender's opinion, adversely affect its rights under this Loan and Security Agreement.

B. The Borrower shall cure any violation of a Governmental Requirement if within their power to do so.

SECTION 6.05: PROVIDE ADDITIONAL EQUITY

If necessary, the Borrower shall provide additional equity funds to cover the costs and expenses associated with its present and future compliance with the terms and provisions of the Loan Documents.

SECTION 6.06: MAINTAIN EXISTENCE

The Borrower shall maintain its existence, rights, privileges, franchises, and good standing under the laws of the state of its organization.

SECTION 6.07: PROVIDE FINANCIAL AND OTHER INFORMATION

A. The Borrower shall maintain adequate records and books of account, In which complete entries will be made reflecting all of Its business and financial transactions, such entries to be made in accordance with generally accepted principles of good accounting practice consistently applied in the case of financial transactions.

B. The Borrower shall provide to the Lender, or cause to be provided to the Lender, within ninety (90) days of the close of each fiscal year of the Borrower, or within thirty days of written request by the Lender, a signed current financial statement for the Borrower, prepared on a review basis by an independent certified public account acceptable to the Lender, in the form as prescribed by the Lender, which financial statement shall include a balance sheet, a profit and loss statement, and copies of the Borrower's federal and state income tax returns, plus all schedules and supporting documentation, all certified by the Borrower as being true and accurate.

C. The County and/or the Borrower shall also provide to Lender copies of any and all contracts by and between the Borrower and the County now existing or hereafter made relating, specifically, to the Funding Agreement, including any and all approved resolutions, amendments, modifications, . renewal or reauthorizations of the Funding Agreement. SECTION 8.08: NULL AND VOID COVENANTS

In the event that any provision of this Loan and Security Agreement or any Loan Document or the application thereof to any person or circumstances shall be declared null and void, invalid, or held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of this or any such agreement shall nevertheless remain in full force and effect, and to this end, the provisions of all covenants, conditions and agreements described herein are deemed separate and not interdependent.

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109 SECTION 6.09: EXPENSES AND CLOSING COSTS

The Borrower shall pay the costs and expenses of the lender's counsel use in the preparation· and closing of the loan Documents and any cost associated with perfection of the Bank's lien on the collateral for the Loan.

SECTION 6.10: NOTICE OF DEFAULT

The Borrower shall give written notice to the Lender of any event, within fifteen (15) days of the event, which constitutes an Event of Default under this loan and Security Agreement as described herein or that would, with notice or lapse of time or both, constitute an Event of Default under this loan and Security Agreement. The Borrower shall have fifteen (15) days to cure any monetary default and thirty (30) days to cure any non-monetary default hereunder (and if such non-monetary default cannot reasonably be cured within such time, then Borrower shalt have commenced a cure within that time and diligently prosecute same to completion) before the Lender may exercise its rights and remedies for a default hereunder.

SECTION 6.11: EXPENSES OF COLLECTION OR ENFORCEMENT

A. The Borrower agrees that if at any time it shall be in default of any provision of this Loan and Security Agreement or any Loan Document, it shall pay the Lender or its assigns, in addition to any other amounts that may be due from them, an amount equal to the costs and expenses of collection, enforcement or correction or waiver of the default incurred by the Lender or Its assigns in such collection, enforcement, correction or waiver of default, including but not limited to court costs and attorney fees, which shall be reasonable in amount.

B. In the event the Lender shall be required to discharge an obligation of the Borrower in order to protect its collateral interest under the Loan Documents, the Lender shall not be liable to them for any delay on Its part in doing so.

ARTICLE VII

NEGATIVE COVENANTS

The parties covenant and agree that, from the date hereof until payment in full of the Note and the Indebtedness herein, unless the Lender or its assigns shall otherwise consent in writing, it will not enter into any agreement or other commitment, the performance of which would constitute a breach of any of the covenants contained in this Loan and Security Agreement including, but not limited to the following covenants:

SECTION 7.01: TRANSFER OF ASSETS

The Borrower shall not sell, lease, pledge, encumber (except by purchase money liens on property acquired after the date of the Loan), or otherwise dispose of their property. pledged as collateral under this Loan and Security Agreement or any of their property or assets, except in the ordinary course of their business. Notwithstanding the foregoing, the Borrower shall be entitled to use assets not collateral under this agreement to satisfy obligations of the Borrower pursuant to the terms and provisions of the loan agreements of the Borrower with its other lenders.

SECTION 7.02: DISTRIBUTIONS

The Borrower shall not make any distribution of company assets that will adversely affect its financial condition.

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110 SECTION 7.03: CHANGE OF OWNERSHIP

The Borrower shall not permit, without the written permission of the Lender, any change in the ownership structure, control or operation of the Borrower including, but not limited to: i) merger into or consolidation with any other person, firm or corporation; ii) issuance of any membership interest or management interest in the Borrower; iii) change in nature of its business as carried on as of the date hereof; and iv) substantial distribution, liquidation or other disposal of assets.

SECTION 7.04: OWNERSHIP OF LENDER

During the term of the Loan, the Borrower, any affiliate nor any principal nor its close associates, shall not acquire, either directly or indirectly, any ownership position or interest in the Lender in excess of 10% of the votes or shares of the Lender.

SECTION 7.05: MISCELLANEOUS

[intentionally omitted]

ARTICLE VIII

EVENTS OF DEFAULT

The entire unpaid principal of the Note, and the interest then accrued thereon, shall become and be immediately due and payable upon the written demand of the Lender or its assigns, without any other notice or demand or any kind of any presentment or protest, if any one of the following events (hereinafter an "Event of Default'') shall occur and be continuing at the time of such demand, whether voluntarily or involuntarily, or without limitation, occurring or brought about by operation or law or pursuant to or in compliance with any judgment, decree or order or any court or any order, rules or regulations or any administrative or governmental body.

SECTION 8.01: NON-PAYMENT OF LOAN

If the Borrower shall fail to make payment when due of any installment of principal and interest on the Note, the Indebtedness or any part thereof, or any other sum on the part of Borrower due or to come due, whether at the stated maturity, by acceleration, or otherwise, in accordance with the terms of any of the Loan Documents.

SECTION 8.02: NON-PAYMENT OF OTHER INDEBTEDNESS

If the Borrower shall fail to make payment when due of any installment of principal, interest or any other sum on the part of the Borrower due or to come due in accordance with the terms of any loans made by the Lender to the Borrower, of any other Lender.

SECTION 8.03: INCORRECT REPRESENTATION OR WARRANTY

If any representation or warranty contained in or made in connection with the execution and delivery of this Loan and Security Agreement, or in any certificate fumished pursuant hereto, shall prove to have been incorrect, false, misleading, or erroneous in any material respect.

SECTION 8.04: PRIMACY OF LENDER'S LIENS

If, for any reason whatsoever, the Lender's mortgage liens, security interests or other interests in any of the collateral given to secure repayment of the Loan should become unenforceable or cease to have the priority established under this Loan and Security Agreement or under any of the other Loan Documents.

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111 SECTION 8.05: DEFAULT IN COVENANTS

If the Borrower shall be in default in the performance of any term, covenant or agreement contained in this Loan and Security Agreement, or any term, covenant or agreement of any of the Loan Documents, and such default shall continue unremedied for thirty (30) days after either: (a) it becomes known to the Borrower, Debtor or Guarantor; or (b) written notice thereof shall have been given to any officer or director of the Borrower hereof by the Lender, or its assigns.

SECTION 8.06: VOLUNTARY INSOLVENCY

If the Borrower shall become insolvent or shall cease to pay its debts as they mature, or shall voluntarily file a petition seeking reorganization of or the appointment of a receiver, trustee or liquidation for it/them or a substantial portion of its/their assets or to effect a plan of other arrangement with creditors, or shall be adjudicated bankrupt, or shall make a voluntary assignment for the benefit of creditors.

SECTION 8.07: INVOLUNTARY INSOLVENCY

If: (a) an Involuntary petition shall be filed against the Borrower under any bankruptcy, insolvency or similar law or seeking the reorganization of or the appointment of any receiver, trustee or liquidator for the Borrower or its properties; or (b) a writ or warrant of attachment or similar process shall be issued against a substantial part of the property of the Borrower and such petition shall not be dismissed, or such writ or warrant of attachment or similar process shall not be released or bonded, within thirty (30) days after filing or levy.

SECTION 8.08: FAILURE TO PAY INSURANCE PREMIUMS

Failure on the part of the Borrower, Debtor or Guarantor, as their interests may appear, to pay or cause to be paid an premiums when due on the insurance policy(ies) required to be provided under this Loan And Security Agreement or under any other of the Loan Documents.

SECTION 8.08: JUDGMENTS

If any final judgment for the payment of money that is not fully covered by liability insurance and is in excess of $10,000.00 shall be rendered against the Borrower that Is not within thirty (30) days either discharged, bonded, appealed from, or otherwise effectively stayed.

ARTICLE IX

SECURED PARTY'S RIGHTS AND REMEDIES

A. At any time after the occurrence of an Event of Default, Secured Party may, at it sole option, without demand, presentment, notice of intention to accelerate, notice of acceleration or any other notice (which are fully waived):

1. declare the entire unpaid balance of the principal of the Secured Indebtedness to be in default and immediately due and payable, together with all accrued and unpaid interest thereon, reasonable attorneys' fees and all other collection charges; and

2. in addition to the rights and remedies provided in this Loan and Security Agreement, any of the Loan Document, or in any other agreement, instrument or undertaking executed by the Debtor, invoke the rights and remedies of a secured party under the UCC and any and all other laws.

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112 B. In addition to and ·in furtherance of the forgoing rights and remedies, Secured Party may:

1. require Debtor and/ or the County to deposit in a special account at a bank to be designated by Secured Party in the name of Secured Party and styled "Repayment Accounr any and all payments received by Debtor or to be made by the County with respect to the Funding Agreement. Funds in such account are hereby assigned to Secured Party and shall be impressed with the lien hereof to secure the Secured Indebtedness;

2. at the sole option of Secured Party, discharge taxes, liens and interest, perform or cause to be performed, for and on behalf of Debtor, any actions and conditions, obligations or covenants which Debtor has failed or refused to perform, and may do all other things deemed necessary by Secured Party to perfect the security interest granted hereby and to preserve, collect, enforce and protect the income stream under the Funding Agreement, and may exercise all rights of Debtor under the Funding Agreement, and Debtor hereby appoints Secured Party its attorney-in-fact for such purposes, and all sums expended therefor, including, but not limited to, reasonable attorneys' fees, court costs, agents' fees or commissions, or any other costs or expenses, shall become a part of the Secured Indebtedness, shall bear interest from the date of payment at the highest lawful rate and shall be payable at the place designated for payment of the Secured Indebtedness and shall be secured by this Loan and Security Agreement; and

3. in its sole discretion, endorse as Debtor's agent any instruments, documents, or accounts relating to the Funding Agreement; take control of the Funding Agreement or proceeds thereof, and use cash proceeds to reduce any part of the Secured Indebtedness.

C. With respect to the forgoing rights and remedies and in its exercise thereof:

1. Secured Party shall not be liable for any act or omission on the part of Secured Party, its offiters, agents, or employees, except for gross negligence or willful misconduct:

2. All rights and remedies of Secured Party hereunder shall be cumulative and may be exercised singly or concurrently, the exercise of anyone of which will not be a waiver of any other;

3. All rights, titles, interests, liens and securities of Secured Party hereunder shall be cumulative of all of the securities, rights, titles, interests or liens which Secured Party may now or at any time hereafter hold securing the payment of the Secured Indebtedness, or any part thereot,

4. Secured Party Is hereby expressly authorized to apply by appropriate judicial proceedings for appointment of a receiver for the Funding Agreement, or any part thereof, and Debtor hereby expressly consents to any such appointment;

5. Secured Party shall be entitled to apply payment under the Funding Agreement, first to the payment of all its reasonable expenses, including attorneys' fees and legal expenses, and next toward payment of the balance of the Secured Indebtedness in such order and manner as Secured Party in Its sole discretion may deem advisable. If the proceeds are not sufficient to pay the Secured Indebtedness in full, the Debtor shall remain liable for any deficiency.

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113 ARTICLE IX

MISCELLANEOUS

SECTION 10.01: WAIVER OF NOTICE

No failure or delay on the part of the Lender in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No modification or waiver of any provision of this Loan and Security Agreement or any of the Loan Documents, nor any consent to any departure by the Borrower therefrom, shall In any event be effective unless the same shall be in writing signed by the Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances.

SECTION 10.02: AMl:NDMENTS

A No amendment of this Loan and Security Agreement or of the Loan Documents, nor any waiver or other departure from the terms, provisions and conditions thereof, shall be effective against any of the parties hereto unless the same shall be in writing and executed by the Lender or its assigns and the Borrower.

B. Notwithstanding the foregoing, the Borrower hereby appoint the Lender and/or its attorneys as its/their attorneys-in-fact to amend any of the Loan Documents to correct any typographical errors made therein, so as to bring the same into conformance with the Lender's Commitment.

SECTION 10.03: NOTICES

All notices, consents, requests, demands and other communications contemplated by this Loan and Security Agreement shall be in writing, delivered by: (a) certified or registered mail, return receipt requested, postmarked no later than the required date; (b) confirmed facsimile transmission; or (c) personal service by such date to the parties at the addresses set forth in the preamble of this Loan and Security Agreement, or at such other address as any party may have designated in writing to any other party hereto.

SECTION 10.04: SURVIVAL OF REPRESENTATIONS AND WARRANTIES

All agreements, representations and warranties made by the Borrower herein or any of the Loan Documents shall survive the delivery of this Loan and Security Agreement and such Loan Documents, and shall continue in full force and effect so long as the Note is outstanding.

SECTION 10.05: SUCCESSORS AND ASSIGNS

This Loan and Security Agreement shall be binding upon the Borrower and its successors and assigns, except that the Borrower may not assign or transfer its rights or obligations hereunder without prior written consent of the Lender. This Loan and Security Agreement shall inure to the benefit of the Lender, its successor and assigns and, except as otherwise expressly provided in particular provisions hereof, all subsequent holders of the Note.

Sl:CTION 10.08: COUNTERPARTS

This Loan and Security Agreement may be executed 1n any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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114 SECTION 10.07: GOVERNING LAW AND JURISDICTION

The Loan Documents shall be governed and construed in accordance with the laws of the State of New York. Jurisdiction shall be in the New York Supreme Court located in Schenectady County, New York.

SECTION 10.08: ARTICLE AND SECTION HEADINGS

Article and Section headings used in this Loan and Security Agreement are for convenience only and shall not affect the construction of this Loan and Security Agreement.

[signatures appear on the following.page)

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115 IN WITNESS WHEREOF, the parties hereto have each caused this Loan and Security Agreement to be duly executed as of the day and year first above written.

LENDER: FIRST NATIONAL BANK OF SCOTIA

By:------­ Andrew Trainor, Senior Vice President

COUNTY: COUNTY OF SCHENECTADY, NEWYORK

By: ______

County Manager APPROVED as to form and content:

By: ______Christopher H. Gardner, County Attorney

BORROWER: ARTS CENTER AND THEATRE OF SCHENECTADY, INC.

By: ______Phillip Morris

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116 State of New York ss: County of Schenectady

On the __ day of April in the year 2021 before me, the undersigned, personally appeared Andrew Trainor, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument

Notary Public State of New York ss: County of Schenectady

On the __ day of April in the year 2021 befoie me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument

Notary Public State of New York ss: County of Schenectady

On the __ day of April in the year 2021 before me, the undersigned, personally appeared Christopher H. Gardner, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument.

Notary Public State of New York ss: County of Schenectady

On the __ day of April in the year 2021 before me, the undersigned, personally appeared Phlllp Morrie, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the indlvldual(s), or the person on behalf of which the individual(s) acted, executed the instrument.

Notary Public ~1S-11U-7NI, •• 1

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117