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BUDGET & FINANCE COMMITTEE

WEDNESDAY, APRIL 6, 2022

Call to Order:

Committee Members: Bayly, Hoffman, Grimm

Non-Voting Members:

Staff Present:

Guests:

INDEX OF RESOLUTIONS:

COMMITTEE

RESOLUTION

TITLE

C/B/R

G/1

AUTHORIZING THE PURCHASE OF REAL PROPERTY

AND BUILDING AND THE NEGOTIATION,

EXECUTION AND DELIVERY OF FINANCING

AGREEMENT AND ENERGY PERFORMANCE CONTRACT

WITH SIEMENS INDUSTRY, INC. FOR THE

PURCHASE AND IMPROVEMENTS OF THE BUILDING

AND RELATED LEASE/PURCHASE AGREEMENTS

WITH SIMENS PUBLIC, INC. RELATED THERETO

– BUREAU OF CENTRAL SERVICES

Motion Made By:

Seconded By:

Moved:

Notes:

J/B/R

G/2

RESOLUTION CONFIRMING APPOINTMENT OF

LINDA MCMAHON AS

ACTING PROBATION

DIRECTOR - COUNTY EXECUTIVE

Motion Made By:

Seconded By:

Moved:

Notes:

SS/C/B/R

G/3

RESOLUTION ACCEPTING FUNDING FROM THE NEW

YORK STATE OFFICE OF ADDICTION SERVICES

AND SUPPORTS AND AMENDING THE 2022

RENSSELAER COUNTY ADOPTED BUDGET –

MENTAL

HEALTH

Motion Made By:

Seconded By:

Moved:

Notes:

B/R

G/4

RESOLUTION AUTHORIZING AND DIRECTING THE

RENSSELAER COUNTY CHIEF FISCAL OFFICER TO

CORRECT THE 2018 THROUGH THE 2022 TAX

ROLLS FOR THE TOWN OF HOOSICK –

BUREAU OF

FINANCE

C/V/B/R

G/5

RESOLUTION AMENDING THE 2022 RENSSELAER

COUNTY ADOPTED BUDGET FOR THE SAFE SUMMER

NY 2021 FUNDS – UNITED FAMILY SERVICES –

YOUTH SERVICES

Motion Made By:

Seconded By:

Moved:

Notes:

J/C/B/R

G/6

RESOLUTION AUTHORIZING A CHANGE ORDER FOR

THE FIRE TRAINING CENTER –

BUREAU OF

PUBLIC SAFETY

Motion Made By:

Seconded By:

Moved:

Notes:

C/PW/B/R

G/7

RESOLUTION AUTHORIZING PURCHASES FROM

COUNTY OF SARATOGA OF VARIOUS HIGHWAY

PAVEMENT RECLAMATION CONTRACTS –

HIGHWAY

DEPARTMENT

Motion Made By:

Seconded By:

Moved:

Notes:

C/PW/B/R

G/8

RESOLUTION AUTHORIZING CONTRACTS FOR

PURCHASE OF LIQUID BITUMINOUS

ASPHALT

MATERIALS – HIGHWAY DEPARTMENT

Motion Made By:

Seconded By:

Moved:

Notes:

C/PW/B/R

G/9

RESOLUTION AUTHORIZING PURCHASE ORDERS

FOR COUNTY GUIDE RAILING INSTALLATION –

HIGHWAY DEPARTMENT

Motion Made By:

Seconded By:

Moved:

Notes:

C/PW/B/R

G/10

RESOLUTION AUTHORIZING A CONTRACT FOR

PAINTING OF TRAFFIC LINES –

HIGHWAY

DEPARTMENT

Motion Made By:

Seconded By:

Moved:

Notes:

C/PW/B/R

G/11

RESOLUTION AUTHORIZING CONTRACTS FOR THE

PURCHASE OF DRAINAGE PIPE —

HIGHWAY

DEPARTMENT

Motion Made By:

Seconded By:

Moved:

Notes:

C/PW/B/R

G/12

RESOLUTION AUTHORIZING CONTRACTS FOR THE

PURCHASE OF GRAVEL AND ICE CONTROL SAND —

HIGHWAY DEPARTMENT

Motion Made By:

Seconded By:

Moved:

Notes:

C/PW/B/R

G/13

RESOLUTION AUTHORIZING RENEWAL OF AN

AGRE

EMENT FOR THE LEASE OF A

TELECOMMUNICATIONS SYSTEM AT THE

RENSSELAER FAMILY COURTHOUSE - BUILDINGS

DEPARTMENT

Motion Made By:

Seconded By:

Moved:

Notes:

J/C/B/R

G/14

RESOLUTION AUTHORIZING ACCEPTANCE OF A

GRANT AWARD FROM NEW YORK STATE STOP-

DWI

FOUND

ATION AND AMENDING THE 2022

RENSSELAER COUNTY ADOPTED BUDGET – STOP-

DWI

Motion Made By:

Seconded By:

Moved:

Notes:

B/R

G/15

RESOLUTION AUTHORIZING THE PURCHASE OF

NETWORK EQUIPMENT –

BUREAU OF RESEARCH

AND INFORMATION SERVICES

Motion Made By:

Seconded By:

Moved:

Notes:

SS/B/R

G/16

RESOLUTION AUTHORIZING THE PURCHASE OF

NURSE CALL SYSTEM AND AMENDING THE 2022

RENSSEALER COUNTY ADOPTED BUDGET –

VAN

RENSSELAER MANOR

Motion Made By:

Seconded By:

Moved:

Notes:

C/A/B/R

G/17

RESOLUTION AUTHORIZING CONTRACTS TO

PROVIDE PERSONAL CARE SERVICES UNDER THE

EXPANDED IN-

HOME SERVICES FOR THE ELDERLY

PROGRAM– UNIFIED FAMILY SERVICES – AGING

Motion Made By:

Seconded By:

Moved:

Notes:

J/C/B/R

G/18

RESOLUTION AUTHORIZING A CONTRACT,

ACCEPTING A GRANT AWARD

FROM THE NEW YORK

STATE OFFICE OF INDIGENT LEGAL SERVICES

AND AMENDING THE 2022 RENSSELAER COUNTY

ADOPTED BUDGET –

PUBLIC DEFENDER,

CONFLICT DEFENDER AND COUNTY ATTORNEY

Motion Made By:

Seconded By:

Moved:

Notes:

J/C/B/R

G/19

RESOLUTION AUTHORIZING A CONTRACT

ACCEPTING A GRANT AWARD FROM THE NEW YORK

STATE OFFICE OF INDIGENT LEGAL SERVICES

AND AMENDING THE 2022 RENSSELAER COUNTY

ADOPTED BUDGET –

PUBLIC DEFENDER,

CONFLICT DEFENDER AND COUNTY ATTORNEY

Motion Made By:

Seconded By:

Moved:

Notes:

C/H/B/R

G/20

RESOLUTION ACCEPTING GRANT FUNDING FROM

NEW YORK STATE DEPARTMENT OF HEALTH FOR

THE CHILDHOOD LEAD POISONING PRIMARY

PREVENTION PROGRAM PLUS AND AMENDING THE

2022 RENSSELAR COUNTY ADOPTED BUDGET -

DEPARTMENT OF HEALTH

Motion Made By:

Seconded By:

Moved:

Notes:

C/H/B/R

G/21

RESOLUTION AUTHORIZING CONTRACT WITH

CORNELL COOPERATIVE EXTENSION OF ALBANY

COUNTY - DEPARTMENT OF HEALTH

Motion Made By:

Seconded By:

Moved:

Notes:

C/H/B/R

G/22

RESOLUTION AUTHORIZING CONTRACT WITH TROY

REHABILITATION

AND IMPROVEMENT PROGRAM,

INC. (TRIP) - DEPARTMENT OF HEALTH

Motion Made By:

Seconded By:

Moved:

Notes:

J/C/B/R

G/23

RESOLUTION AUTHORIZING CONTRACT RENEWAL

FOR COMPREHENSIVE INMATE HEALTHCARE

SERVICES–

OFFICE OF THE RENSSELAER COUNTY

SHERIFF

Motion Made By:

Seconded By:

Moved:

Notes:

J/B/R

G/24

RESOLUTION AUTHORIZING THE INSTALLMENT OF

A ROOFTOP BRIDGE TO ATTACH 61 STATE

STREET TO THE COUNTY SERVER –

CONFLICT

DEFENDER

Motion Made By:

Seconded By:

Moved:

Notes:

C/A/B/R

G/25

RESOLUTION AUTHORIZING A CONTRACT

AMENDMENT FOR PERSONAL CARE I SERVICES –

UNIFIED FAMILY SERVICES – AGING

Motion Made By:

Seconded By:

Moved:

Notes:

C/B/R

G/26

RESOLUTION AUTHORIZING THE UTILIZATION OF

NEW YORK STATE OFFICE OF GENERAL SERVICES

INFORMATION TECHNOLOGY UM

BRELLA CONTRACTS

–

BUREAU OF RESEARCH AND INFORMATION

SERVICES

Motion Made By:

Seconded By:

Moved:

Notes:

B/R

G/27

RESOLUTION TRANSFERRING 2021 LEGISLATIVE

BUDGET BALANCES TO BE DESIGNATED

FOR THE

RENSSELAER COUNTY “TAX STABILIZATION FUND" -

RENSSELAER COUNTY LEGISLATURE

Motion Made By:

Seconded By:

Moved:

Notes:

B/R

G/28

RESOLUTION AMENDING THE 2021 RENSSELAER

COUNTY BUDGET –

AUDITOR AND CAPITAL

PROJECT –

REPAIRS & IMPROVEMENTS TO

LEGISLATIVE CHAMBERS

Motion Made By:

Seconded By:

Moved:

Notes:

Env/B/R

G/29

RESOLUTION AUTHORIZING THE EXPENDITURE OF

FUNDS TO MUNICIPALITIES AS PART OF THE

HOUSEHOLD HAZARDOUS WASTE COLLECTION

EVENTS FOR 2022 –

ENVIRONMENTAL

MANAGEMENTAL

Motion Made By:

Seconded By:

Moved:

Notes:

C/B/R

G/30

RESOLUTION AUTHORIZING CONTRACT WITH BUS

PATROL AND RENSSELAER COUNTY SCHOOL

DISTRICTS

Motion Made By:

Seconded By:

Moved:

Notes:

C/PW/B/R

G/31

RESOLUTION AMENDING THE 2022 ADOPTED

RENSSELAER COUNTY BUDGET AND AMENDING A

CONTRACT FOR DESIGN AND CONSTRUCTION

PHASE SERVI

CES FOR THE MISCELLANEOUS

PLANT IMPROVEMENTS AND AERATION SYSTEM

UPGRADE PROJECTS -

RENSSELAER COUNTY

SEWER DISTRICT NO. 1

Motion Made By:

Seconded By:

Moved:

Notes:

A/B/R

G/32

RESOLUTION AUTHORIZING THE PURCHASE OF

KITCHEN EQUIPMENT

FOR THE NEW TROY SENIOR

CENTER – UNIFIED FAMILY SERVICES - AGING

Motion Made By:

Seconded By:

Moved:

Notes:

B/R

G/33

RESOLUTION AMENDING THE 2020 AND 2021

RENSSELAER COUNTY ADOPTED BUDGETS - EARLY

VOTING EXPANSION GRANT PROGRAM–

BOARD OF

ELECTIONS

Motion Made By:

Seconded By:

Moved:

Notes:

B/R

G/34

RESOLUTION AMENDING THE 2021 AND 2022

RENSSELAER COUNTY ADOPTED BUDGETS –

(TIER) GRANT PROGRAM AND AMENDING THE

2021 RENSSELAER COUNTY ADOPTED BUDGET –

BOARD OF ELECTIONS

Motion Made By:

Seconded By:

Moved:

Notes:

B/R

G/35

RESOLUTION AMENDING THE 2021 AND 2022

RENSSELAER COUNTY ADOPTED BUDGETS AND

AUTHORIZING THE EXTENSION OF CONTRACTS

WITH NEW YORK STATE BOARD OF ELECTIONS -

BOARD OF ELECTIONS

Motion Made By:

Seconded By:

Moved:

Notes:

C/B/R

G/58

RESOLUTION AMENDING CONTRACT FOR BROADBAND

SERVICE – BUREAU OF CENTRAL SERVICES

Motion Made By:

Seconded By:

Moved:

Notes:

Adjourned:

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Bayly, Hoffman, Grimm

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/1

AUTHORIZING THE PURCHASE OF REAL PROPERTY AND BUILDING AND THE NEGOTIATION,

EXECUTION AND DELIVERY OF FINANCING AGREEMENT AND ENERGY PERFORMANCE CONTRACT

WITH SIEMENS INDUSTRY,INC. FOR THE PURCHASE AND IMPROVEMENTS OF THE BUILDING AND

RELATED LEASE/PURCHASE AGREEMENTS WITH SIMENS PUBLIC, INC.RELATED THERETO

–BUREAU OF CENTRAL SERVICES

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, Pursuant to Resolution No. G/402/13, the County entered into

a lease (“Flanigan Square Lease”), under which it leases 52,500 square

feet of space in the building commonly known as Flanigan Square and

located at 547 River Street in Troy, New York; and

WHEREAS, The County uses its leased space in Flanigan Square to house

certain operations for the County Department of Social Services and the

County Bureau of Probation; and

WHEREAS, Under the Flanigan Square Lease, the County pays a base rent

of $7.75 per square foot, as adjusted upward each year for inflation, on a

triple net basis, with the initial term ending on December 31, 2023 and

with notice to the Landlord required on or before March 31, 2022 in order

to extend the initial term for an additional 5 years; and

WHEREAS, The County desires to plan for operations housed at Flanigan

Square to remain in the City of Troy in a cost-effective manner beyond the

expiration of the initial term of the Flanigan Square Lease; and

WHEREAS, The County has learned that the property (“99 Troy Road

Property”) consisting of approximately 9.78 acres, as improved with an

office building consisting of approximately 62,848 of space and

corresponding parking, and as located at 99 Troy Road in the Town of East

Greenbush, New York, is available for purchase; and

WHEREAS, The County has received a proposal for the purchase and sale

of the 99 Troy Road Property, under which the County would purchase the 99

Troy Road Property for $5,200,000.00 and finance the purchase, building

upfit ($1,800,000.00 and energy performance improvements ($3,810,639.00)

through Siemens Public, Inc.; and

Resolution No. G/1

Page No. 2 of 4

WHEREAS, The County desires to purchase the 99 Troy Road Property to

relocate the Departments currently operating at Flanigan Square to the

County Office Building in the City of Troy and relocate certain Departments

currently operating at the County Office Building to the 99 Troy Road Property;

and

WHEREAS, Article 9 of the New York Energy Law (the “Act”) authorizes

municipalities and school districts to enter into contracts (“Energy

Performance Contracts”) for the provision of energy services, including

but not limited to, electricity, heating, ventilation, cooling, steam or

hot water, in which a person agrees to install, maintain, or manage energy

systems or equipment to improve the energy efficiency of, or produce

energy in connection with, a building or facility in exchange for a

portion of the energy savings or revenues; and

WHEREAS, Rensselaer County (the “County”) issued a Request for

Proposals (RFP-13-37) for a performance-based energy savings and

operations plan for various county facilities; and

WHEREAS, Based on the evaluation of the proposals, Siemens Industry

Inc. (“Siemens”) was selected to develop and implement a performance-based

energy savings and operations plan; and

WHEREAS, Siemens has provided the County with Facility Improvement

Measures Report for the 99 Troy Road Property dated February 9, 2022(the

“99 Troy Road FIMs Report”) which sets forth detailed design plans for

improvements of 99 Troy Road, including LED Lighting Retrofits and

Enlighted Controls, installation of energy efficient condensing boilers,

installation of new closed-circuit cooler & VFD, replacement of water

source heat pump unit, installation of new make-up-air recovery (MAU) with

heat recovery, installation of new smart pumps on heat pump loop water

system, installation of BAS front end, central command, temperature

setback and demand control ventilation systems and installation of

needlepoint bipolar ionization (NBPI); now, therefore, be it

RESOLVED, That the Rensselaer County Executive, or his designee, is

authorized to negotiate and enter into the above-referenced agreement

to purchase the 99 Troy Road Property; and be it further

RESOLVED, That the Rensselaer County Executive, or his designee, is

authorized to sign any and all real estate documents necessary in order to

close on the purchase of the 99 Troy Road Property, subject to the

approval as to form by the Rensselaer County Attorney; and be it further

Resolution No. G/1

Page No. 3 of 4

RESOLVED, By the County Legislature of Rensselaer County, New York,

as follows:

Section 1. In accordance with Section 9-103 of the Act, the County is

hereby authorized to enter into financing agreements and one or more

energy performance contracts with Siemens Industry Inc., and related

lease/purchase agreements and other agreements with Siemens Public, Inc.

(collectively the “Agreements”) in an aggregate original principal amount

not to exceed $10,916,763.00, pursuant to which Siemens will provide

capital for the purchase and upfit of the 99 Troy Road Property and

equipment, capital improvements, repairs, ongoing preventative maintenance

and other services to improve the energy efficiency of the 99 Troy Road

Property, as more particularly described in the 99 Troy Road FIMS Report

and to pay reasonable costs of issuance relating to the Agreements.

Section 2. The Chief Fiscal Officer, as Chief Fiscal Officer of the

County, is hereby authorized to negotiate and deliver on behalf of the

County the Agreements and all other certificates or instruments required

in connection therewith provided, however, that all amounts payable by the

County pursuant to the Agreements shall be subject to annual appropriation

of such payments by the County Legislature. The power to prescribe the

terms, forms and covenants of the Agreements is hereby delegated to the

Chief Fiscal Officer, as Chief Fiscal Officer.

Section 3. This Resolution is intended to constitute the declaration

of the County’s “official intent” to reimburse the costs of the

improvements described in Section 1 of this resolution with proceeds from

the Lease/Purchase Agreements with Siemens Public, Inc., as required by

Treasury Regulation Section 1.150-2.

Section 4. This Resolution is not subject to a mandatory or

permissive referendum.

Section 5. The County hereby determines that the provisions of the

State Environmental Quality Review Act and the regulations thereunder have

previously been satisfied with respect to the expenditures authorized by

this Resolution.

Section 6. All acts previously taken by the County with respect to

the execution and delivery of the Agreements are hereby further

authorized, with the assistance of, and subject to the approval of the

County Attorney, ratified and confirmed.

Resolution No. G/1

Page No. 4 of 4

Section 7. This Resolution shall take effect immediately.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

Siemens Industry, Inc. CLIENT

PRO FORMA DATA

2/9/2022

Total Implementation Cost: ($3,810,639) Other Costs(Construction Interest): ($106,124) Cumulative Savings: $20,364,964

Bldg Purchase ($5,200,000) Other Credits (Rebates/Incentives): $15,500

Bldg Upfit ($1,800,000)

Interest Rate (5):

2.75%

Net Financed Investment:

$10,916,763

Financial Term in Years:

Construction Period Escrow Interest:

$7,304

Simple Payback (yrs) (6):

8.1

Service Inflation Rate:

Guarantee Period(yrs):

Energy Inflation Rate:

Annual Payment:

($710,244)

Operational Savings Inflation Rate:

-Year Cash Flow Model

Energy Costs Assets Liabilities

Yr Base Year Energy

Costs Energy Savings Associated Savings Avoided Lease

Savings

Construction Period

Escrow Interest

Earned

ARP Fund Eligible

Work

Potential Rebates &

Incentives (11) Total Assets Payment (2) On-Going

Services (3,4) Total Liabilities Net Annual Benefit Cumulative Cash

Flow

0 Construction $17,381 $151,291 $1,100,000 $1,268,672 $0 $1,268,672 $1,268,672

1$393,294 $69,524 $155,830 $1,122,000 $7,304 $9,300 $1,363,958 ($710,244) ($12,500) ($722,744) $641,214 $1,909,887

2$405,093 $71,610 $160,505 $1,144,440 $0 $6,200 $1,382,755 ($710,244) ($12,875) ($723,119) $659,636 $2,569,522

3$417,246 $73,758 $165,320 $1,167,329 $0 $0 $1,406,407 ($710,244) ($13,261) ($723,505) $682,902 $3,252,424

4$429,763 $75,971 $170,280 $1,190,675 $0 $0 $1,436,926 ($710,244) $0 ($710,244) $726,682 $3,979,106

5$442,656 $78,250 $175,388 $1,214,489 $0 $0 $1,468,127 ($710,244) $0 ($710,244) $757,883 $4,736,990

6$455,935 $80,598 $180,650 $1,238,779 $0 $0 $1,500,026 ($710,244) $0 ($710,244) $789,782 $5,526,772

7$469,614 $83,016 $186,069 $1,263,554 $0 $0 $1,532,639 ($710,244) $0 ($710,244) $822,395 $6,349,167

8$483,702 $85,506 $191,651 $1,288,825 $0 $0 $1,565,983 ($710,244) $0 ($710,244) $855,739 $7,204,906

9$498,213 $88,071 $197,401 $1,314,602 $0 $0 $1,600,074 ($710,244) $0 ($710,244) $889,830 $8,094,735

10 $513,159 $90,713 $203,323 $1,340,894 $0 $0 $1,634,930 ($710,244) $0 ($710,244) $924,686 $9,019,422

11 $528,554 $93,435 $209,423 $1,367,712 $0 $0 $1,670,569 ($710,244) $0 ($710,244) $960,325 $9,979,747

12 $544,411 $96,238 $215,705 $1,395,066 $0 $0 $1,707,009 ($710,244) $0 ($710,244) $996,765 $10,976,512

13 $560,743 $99,125 $222,177 $1,422,967 $0 $0 $1,744,269 ($710,244) $0 ($710,244) $1,034,025 $12,010,536

14 $577,565 $102,099 $228,842 $1,451,427 $0 $0 $1,782,367 ($710,244) $0 ($710,244) $1,072,123 $13,082,660

15 $594,892 $105,162 $235,707 $1,480,455 $0 $0 $1,821,324 ($710,244) $0 ($710,244) $1,111,080 $14,193,739

16 $612,739 $108,317 $242,778 $1,510,064 $0 $0 $1,861,159 ($710,244) $0 ($710,244) $1,150,915 $15,344,654

17 $631,121 $111,566 $250,062 $1,540,266 $0 $0 $1,901,893 ($710,244) $0 ($710,244) $1,191,649 $16,536,304

18 $650,055 $114,913 $257,564 $1,571,071 $0 $0 $1,943,547 ($710,244) $0 ($710,244) $1,233,303 $17,769,607

19 $669,557 $118,360 $265,290 $1,602,492 $0 $0 $1,986,143 ($710,244) $0 ($710,244) $1,275,899 $19,045,506

20 $689,643 $121,911 $273,249 $1,634,542 $0 $0 $2,029,702 ($710,244) $0 ($710,244) $1,319,458 $20,364,964

Total $1,885,524 $4,338,507 $28,361,649 $7,304 $15,500 $34,608,483 ($14,204,883) ($38,636) ($14,243,519) $20,364,964 $20,364,964

Notes:

1. Associated Savings include operational cost savings.

7. Annual guarantee may not exceed Total Project Cost.

2. Payment represents an annual sum of periodic payments.

8. Construction interest based on 12-month funding to payment schedule.

3. Ongoing Services are escalated at Service Inflation Rate.

9. Annual guarantee amount is based on revenue neutral program.

4. Performance Assurance required during guarantee period only.

10. Cash Flow is for discussion purpose only.

5. Interest Rate Subject to Change.

11. Total incentives applied over years 1, 2.

6. Simple Payback=(Total Project Cost - Incentives - ARP Funds) / (First Year Energy Savings plus Associated Savings

plus First Year On-Going services).

FA- proforma HigherEd & Muni PROPRIETARY AND CONFIDENTIAL Final Proforma 99 Troy EPC 2-9-2022 (002).xlsx

Energy and Operational Audit Feb 09, 2022 Siemens Industry, Inc.

Facility Improvement Measures for

Rensselaer County 99 Troy Road Facility

Prepared for the

Rensselaer County

Presented by:

Siemens Industry, Inc.

6 British American Blvd., Suite 104-C

Latham, New York 12110

February 9, 2022

County of Rensselaer, 99 Troy Rd Table of Contents

Energy and Operational Audit Feb 09, 2022 Siemens Industry, Inc.

TABLE OF CONTENTS

Section

Executive Summary….……………………………………………………………………………………………3

Overview……………………………………………………………………………………………………………….4

Facility Improvement Measures (FIMs)……..…………………………………………………………..6

Cash Flow ……………………………………………………………………...………………………..…………..20

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 3 Siemens Industry, Inc.

Executive Summary

The County is in the enviable position of being able to position itself as leader in the State.

Through the enhancement of facilities, the County will improve the quality of life for the staff

and the taxpayers while extending the life span of its buildings with no impact to the taxpayers.

Through this project, the County will unlock capital to upgrade the Kiernan building, the Ned

Pattison Office Building, and the Agricultural Life Sciences Building, while enabling the County

to purchase the Kiernan building.

The County will fund this project by not renewing the leased space at Flanagan Square and

strategically moving staff and services to these other buildings. The savings from cancelling this

lease is more than $1,100,000 per year with additional savings of greater than $40,000 per year

in transportation and other costs.

Under the Article 9 process, this project supports maximizing energy reductions, improving life

quality through implementing O2Prime for remediation and air quality. The project will also

provide workspace improvements for County staff and support the taxpayer’s ability to

conveniently access services.

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 4 Siemens Industry, Inc.

Overview

Constructed around 1989’s, the four-story facility that is predominantly office space, is located

at 99 Troy Rd, East Greenbush, NY, 12061. The facility has a total area of 62,850 square feet and

has office areas, conference rooms, break areas, hallways, mechanical spaces, and storage. The

ground level houses mechanical spaces, storage, and a loading dock. The building has steel

structure framing with a built-up flat roof, rigid insulation, and membrane waterproofing. The

roof is original to the building and is in fair condition. The wall has 2 inches of furring and 6

inches of insulation with a reflective exterior.

HVAC SYSTEM

The HVAC equipment was installed in 1989 with a renovation of a limited portion of equipment

in 1998. The equipment is past its useful life and is inefficient. The building has cabinet

heaters, fin tube radiators, and water source heat pumps (WSHP) that provide terminal heating

and cooling to the spaces. Space conditioning for most of the areas is supplied by 54 WSHP.

The WSHP units range from 1.5 Tons to 2 Tons. Ventilation for the building is provided by a

9000 CFM central make-up air unit that is equipped with a glycol-based heating coil. The unit

was found non-operational during the audit.

99 Troy building heated by three (3) hot water boilers (B-1, B-2, B-3), and each has a burner

capacity of 700 MBH. The boilers, pumps and other hydronic equipment are located in the

mechanical room. The Triad dual-temp boiler (B-3) has been replaced in 2019 and is well within

its useful life. This boiler (B-3) provides the 180 oF HW to the glycol loop for the make-up unit,

cabinet heaters and few fin-tube radiators. The two (2) older Triad low-temperature boilers

provide heat to the heat pump loop at lower temperature of 90 oF.

Cooling is provided by a closed-circuit FRICK cooler that is original to the building and the unit

over its useful life.

The building has the following major mechanical equipment:

 Three (3) Boilers; two dedicated to low-temp heat pump low, one for high temp loop

 Three (3) glycol hot water Pumps

 Three (3) Hot Water Inline Zone Pumps

 One (1) Closed Circuit Cooler

 One (1) Closed Circuit Cooler Water Pump

 One (1) Make-Up-Air Unit (9000 CFM)

 Fifty-four (54) Water source heat pump (WSHP) terminal units

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 5 Siemens Industry, Inc.

LIGHTING

The lighting in the facility consists in great part of 2’ X 4’ lay-in troffers, fitted with two T8 F28

lamps and 1’ X 4’ wraparound surface mounted single T8 F28 lamps. The existing fixtures lamps

are behind two generations of development given today’s technology. In addition to the

fluorescent fixtures, the facility is fitted with incandescent exit signs, compact fluorescents, and

other miscellaneous fixtures.

BUILDING CONTROLS SYSTEMS

The boilers, pumps, heat exchangers and cooler are locally controlled with electronic time

clocks and relays which in most cases are non-operable. There is no front-end graphics for user

interface.

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 6 Siemens Industry, Inc.

Facility Improvement Measures (FIMs)

1. LED Lighting Retrofits and Enlighted Controls

2. Replace Non-Condensing Boiler with Energy Efficient Condensing Boilers

3. Replace Forced Draft Cooler with New Closed-Circuit Cooler & VFD

4. Water Source Heat Pump Unit Replacement

5. Install New Make-Up-Air Recovery (MAU) with Heat Recovery

6. New Smart Pumps on Heat Pump Loop Water System

7. BAS - Front End and Central Command

8. BAS - Temperature Setback

9. BAS - Demand Control Ventilation on Make-Up-Air Unit

10. Needlepoint Bipolar Ionization (NBPI)

11. Commissioning / Testing and Balancing

FIM-1 LED Lighting Retrofits and Controls

PRESENT CONDITION:

Most of the building lighting consists mostly of fluorescent

fixtures that use 28 W T-8 lamps with electronic ballasts.

Outside lighting contains mostly metal halide lamps.

Controls for lighting are manual throughout the facility. For

security and safety, much of the common area lighting

systems remain energized 24 hours a day.

FACILITY IMPROVEMENT MEASURE:

Lighting Retrofit will consist of the following types of measures:

 Replace the T-8 lamps with LED lamps

 LED retrofit kits where feasible

 Ballasts where LED lamps are installed will be safely removed. New LED tubes with come

with drivers which replace the existing ballasts.

 Install LED screw in lamps to replace incandescent and compact fluorescent lamps.

 LED Exit signs will replace old incandescent exit signs.

The building currently does not have any occupancy sensing control

technology. SIEMENS will install Enlighted controls on the new LED

retrofits. The Enlighted system with IoT controls redefines Smart Buildings

and delivers the leading technology platform for smart buildings. Individual

sensor technology to control lighting and monitor occupancy and space

utilization will be installed throughout the building.

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 7 Siemens Industry, Inc.

FIM-2 Replace Non-Condensing Boiler with Energy Efficient Condensing Boilers

PRESENT CONDITION:

The existing heating system has three boilers as shown in figure 3.1 below. The Triad dual-temp

boiler (B-3) which was replaced in 2019 will provide 180 oF HW to the glycol loop for a make-up

air unit, cabinet heaters, and fin-tube radiators.

Figure 3.1

FACILITY IMPROVEMENT MEASURE:

Siemens will remove and dispose of the existing old boilers. Two (2) low mass, condensing

style, low- pressure, gas-fired boilers will be installed to replace the existing boilers (B1 and B2).

Boiler-B2 will be tied to the high temperature loop for priority mode operation (connection

point shown in figure 3.1). The boilers to have BACnet card for seamless integration into the

BAS. The burners to have stack O2 sensor based optimal A/F ratio controls. The replacement

boilers will produce a 5% to 10% increase in seasonal efficiency. New condensing boilers

typically benefit from substantial utility rebates, which Siemens will help obtain.

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 8 Siemens Industry, Inc.

Proposed Condensing Boiler

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 9 Siemens Industry, Inc.

FIM-3 Replace Closed-Circuit Cooler with New Forced Draft Closed-Circuit Cooler & VFD

PRESENT CONDITION:

Currently, the heat pump loop’s heat is rejected by a closed-circuit evaporative cooler that

maintains the loop below 90 oF to the WSHP’s. The cooler was manufactured by FRICK (Model #

CCC 380) and has a flow of 580 GPM. The cooler has two (2) 15-HP fan motors that run at a

constant speed. The cooler is supplied with glycol water via a condenser water pump that is

equipped with a motor of 7.5-HP. The cooler loop is a 40% ethylene glycol-based system that is

coupled to the WSHP loop through a heat exchanger (HEX-1) located in the mechanical room.

The cooler is original to the building and over its useful equipment life.

Existing Cooler

FACILITY IMPROVEMENT MEASURE:

Siemens will replace the existing cooler with induced draft, crossflow tower, with VFD on Fans.

The proposed unit will have a similar cooling capacity of the existing unit and the new unit will

be much quieter and more energy efficient than the original one since induced draft crossflow

units have much lower fan capacity for similar tonnage.

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 10 Siemens Industry, Inc.

FIM-4 Water Source Heat Pump Unit Replacement

PRESENT CONDITION:

The building has cabinet heaters, fin tube radiators, and water source heat pumps (WSHP) that

provide terminal heating and cooling to the spaces. The facility is heated and cooled by McQuay

Water source heat pump units (WSHP) as shown in the table below. The units range from 1.5

Tons to 2 Tons.

New WSHP

FACILITY IMPROVEMENT MEASURE:

Siemens will replace the following WSHP as shown in the table below. A total of fifty-four (54)

units will be replaced with energy-efficient units. These Units will be operated with R-410A

refrigerant with MERV 13 option, electronically commutated (EC) fan motor, Microtech

controls, 2 position 2-way valves. All the units will be connected to the central building

automation system via BACnet open building automation protocol and can be scheduled and

operated remotely.

Location Qty.

Ground Floor 7

Ground Floor 4

1st Floor 10

1st Floor 2

1st Floor 1

2nd Floor 5

2nd Floor 6

2nd Floor 3

3rd Floor 7

3rd Floor 6

3rd Floor 3

Total 54

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 11 Siemens Industry, Inc.

FIM-5 Install New Make-Up-Air Recovery (MAU) with Heat Recovery

PRESENT CONDITION:

Currently, the building is provided with fresh air by a TRU-PAC make-up air unit (MAU) as

shown in the figure below. The unit is equipped with a glycol-based heating coil and heats a

heat recovery system. The unit was designed to supply 9000 CFM of fresh air to the building.

During the building audit, the unit was found non-operational.

FACILITY IMPROVEMENT MEASURE:

Siemens will replace the unit with an appropriately sized unit that will utilize the existing piping

for the heating coil and have an enthalpy wheel type heat recovery system. The proposed unit

will be an AAON RN Series or approved equal that will provide 9000 CFM fresh air to the

building.

The unit will be connected to the BAS and will be sequenced with an advanced control strategy.

This control strategy will reduce electric, heating and cooling energy consumption by reducing

ventilation rates during periods of low occupancy. The supply fan initially will operate at a full

speed during normal occupancy, however, upon detection of lower occupancy levels, the fan

speed will decrease proportionately to lower air intake.

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 12 Siemens Industry, Inc.

FIM-6 New Smart Pumps on Heat Pump Loop Water System

PRESENT CONDITION:

The figures below show the three constant speed hot water pump located in the boiler room.

The building is served by these pumps and all the control valves for the terminal equipment are

three-way type.

FACILITY IMPROVEMENT MEASURE:

Siemens will install new Smart Pumps on the heating hot water loops serving the building to

better match pumping output to system requirements and reduce the electrical energy waste.

Siemens will also provide BAS integration of new control points including pump status, on/off

command, speed command, supply/return pressure and temperatures.

The pumps that are considered for the scope of work are shown in the table below:

Pump Type Motor Size Impeller Model#

Hot Water 15-HP Taco: BB5010

Hot Water 15-HP Taco: BB5011

Hot Water 5-HP Taco: BB2510

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 13 Siemens Industry, Inc.

FIM-7 Building Automation System - Front End and Central Command

PRESENT CONDITION:

Currently, the building does not have a central BAS. Most of the controls are stand-alone and

they do not communicate via an open protocol such as BACnet. The boilers use an electronic

time clock that resets or shuts down the system during the weekends. The pumps are

connected to the same controller and turned on and off via dry contact relays. There was an old

setback system that was non-functional during the audit.

FACILITY IMPROVEMENT MEASURE:

Siemens will install a building automation system (BAS), in the form of a Siemens Desigo™ front

end work station in the building operator’s office.

With the new BAS, the building operator will be able to:

 Graphically monitor the building environment

 Collect, view, and analyze trend information

 Schedule and modify mechanical equipment operation based on monitored or trend

information

 Maintain a record of alarms to improve the troubleshooting of the various HVAC

systems

 Remote access via smart tablets

 Primary Siemens Building Automation System will be installed in the boiler room and a

computer terminal front end in location determined by customer.

 This building will be the command center hence a dedicated BAS server is provided for

implementation into the building.

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 14 Siemens Industry, Inc.

The Siemens Team will provide future optional pricing to implement a cloud based IoT platform

for a computerized maintenance management system (CMMS), Fault Detection and Diagnostic

(FDD), automated reporting, preventative maintenance analytics (such as belt runtime alarm,

motor runtime alarm, compressor amperage/runtime alarm). We will provide other used cases

before implementation. All communication to take place over BACnet IP secured network.

Siemens will additionally provide the option of added an integrated security system with card

swipe and access control.

The figure below shows sample BAS graphics and DDC system architecture.

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 15 Siemens Industry, Inc.

FIM-8 Building Automation System - Temperature Setback

FACILITY IMPROVEMENT MEASURE:

Furnish and install the following to implement temperature setback throughout the entire

building:

Network Communication:

1. Provide, mount and wire one (1) Supervisory Controller (PXCC or similar).

2. Provide power wiring to the new Controller.

3. Provide CAT-6 communication wiring to Ethernet port for the new Controller.

4. UI Graphics and Licensing

5. Desigo CC User Interface, Schedules and Trends

6. All IP drops to be provided by local IT department by coordination

Hot Water System (Boilers and Pumps)

1. Provide and Install new Controller for 3 Boiler, 3 Primary Pumps, 3 Zone Pumps.

2. Tie in the boilers to a MSTP trunk (network integration for the boilers).

3. Provide hot water system graphics.

4. Provide power wiring to the controller.

5. Provide and install BACnet communication to pump VFD’s.

6. Mount, install and provide wiring from field devices to DDC panel.

7. Provide additional conduit and wire where needed.

8. The following control points to be added to the hot water system:

i) Boiler 1, 2 and 3 Status/Command

ii) Boilers 1, 2 and 3 Alarm

iii) Outside Air Temp (OA-T)

iv) Hot Water Supply Temp – Loop 1 and Loop 2

v) Hot Water Pump 1, 2 and 3 Status/Command

vi) Hot Water Pump 1, 2 and 3 VFD % (network inputs from smart pumps)

vii) Differential Pressure (network input; integral DP with smart pumps)

viii) Zone Pumps (3) Command/Status

Control Strategies:

• Scheduling

• Boiler Lead/Lag Sequencing

• Runtime Optimization

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 16 Siemens Industry, Inc.

Heat pump Loop System (Closed Circuit Cooler and Pump)

1. Provide and Install new Controller (DXR or Similar) for 1 Cooler and 1 Pump.

2. Provide heat pump water system graphics.

3. Provide power wiring to the controller.

4. The following control points to be added to the chilled water system:

i) Cooler Command/Status

ii) Supply Water Temp

iii) Return Water Temp

iv) Fan VFD % (network input)

Control Strategies:

• Scheduling

• Cooler VFD will be controlled via local controller

Water Source Heat Pump (WSHP) – (Typical of 54)

1. Provide and Install new Controller to integrate the units into the BMS.

2. The following control points to be integrated via network input.

Note: The WSHP will be implemented with factory installed stand-alone controllers.

i. WSHP Status

ii. WSHP Alarm

iii. Zone Temp

iv. Compressor Failure Alarm

Control Strategies:

• Scheduling

• Simultaneous Heating/Cooling Lockout

• Night Temperature Setback

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 17 Siemens Industry, Inc.

FIM-9 BAS - Demand Control Ventilation on Make-Up-Air Unit

Provide and install new CO2 sensors and necessary wiring to controller panel that will vary the

ventilation rates to reduce outside air requirements during occupied scheduled times when

there is low and/or no occupancy.

Make-Up-Air Init (MAU)

1. Provide and Install new Controller for the MAU.

2. Provide and install MS/TP communication wiring from MAU control panel to fan VFD.

3. Mount, install and provide wiring from field devices to DDC panel.

4. Provide additional conduit and wire where needed.

5. The following control points to be included for the MAU:

i. MAU Status/Command

ii. MAU Alarm

iii. Discharge Air Temp (DA-T)

iv. Return Air Temp (RA-T)

v. Discharge Air CO2

vi. Heating Valve Command/Position

viii. Low Temp Alarm (LT-A)

ix. Exhaust/Outside/Mixed Air Damper Command/Position Supply Fan VFD

Command/Output

x. MAU Filter Alarm

Control Strategies:

• Scheduling

• Simultaneous Heating/Cooling Lockout

• Demand Control Ventilation – Control with VFD’s on supply & exhaust for DCV

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 18 Siemens Industry, Inc.

FIM-10 Needlepoint Bipolar Ionization (NBPI)

The facility does not have air purification systems. With concern for the

quality of indoor air and the ongoing efforts of the County to provide

safer building environments.

NPBI©, is an indoor air purification technology that cleans indoor air

and provides an additional layer of protection from COVID-19 and other

pathogens. Once it is installed in a HVAC system, it floods the air with a

high volume of ions that reduce particulates and airborne and surface

contaminants such as pathogens, viruses and bacteria, mold, and odors.

Installation of this technology allows the County to install reduced

MERV filters which saves fan energy due to reduced static pressure loss

and lower replacement costs.

NPBI© is UL 2998 certified as ozone-free. It is a proven technology with over 150,000

installations worldwide

Scope of Work Details include:

- Conduct a pre-install test of particulate matter at various points around building using

calibrated meter. Record readings

- Provide and install Needlepoint Bipolar Ionization (NPBI) emitters on the HVAC units

- Connect Needlepoint Bipolar Ionization (NPBI) power wiring to operate when airflow is

operating

- Test and commission system

- Conduct a post-install test of particulate matter at various points around building using

calibrated meter

- Record readings and generate report for facility

County of Rensselaer, 99 Troy Rd Facility Improvement Measures

Preliminary Energy and Operational Audit Page 19 Siemens Industry, Inc.

FIM-11 Commissioning / Testing and Balancing

SIEMENS will provide building HVAC Commissioning and Final Air and Water Balancing

- Post Construction HVAC Commissioning provide by EOR

(Engineer of Record) with assistance by Siemens Controls

and TAB {testing, adjusting & balancing} (Balancing sub-

contractor)

- Provide Commissioning report and TAB report outlining the

final setpoints and operation of equipment meeting the

proposed sequence of operations

Rensselaer County Performance Contracting Agreement Amendment 7-Attachment 1

Page 1 of 6

Version 3 (02/09/18)

General Conditions for Licensing Access to Software as a Web Based Offering

The terms and conditions of this Attachment 1 General Conditions for Licensing Access to Software as a Web Based Offering

("Web Based Offering General Conditions") are applicable only to the Web Based Offering identified in Amendment 7 and

supplements the Agreement as follows:

BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE USING THE WEB BASED OFFERING, YOU ARE AGREEING THAT YOU

HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THIS WEB BASED OFFERING GENERAL CONDITIONS IN

ITS ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU

DO NOT AGREE TO BE BOUND BY THIS WEB BASED OFFERING GENERAL CONDITIONS AND TO FOLLOW ALL APPLICABLE

LAWS AND REGULATIONS, DO NOT CLICK THE “ACCEPT” BUTTON IF PRESENTED TO YOU OR ACCESS OR USE THE WEB

BASED OFFERING.

1. General Provisions

This Web Based Offering General Conditions is a legal agreement between you, either individually or on behalf of your corporation,

sole proprietor or other business entity ("you" or “your”) and Siemens and each of its respective successors and assigns

(“Siemens”), governing (i) your use of Siemens’ online service application(s) hosted on a remote server system by Siemens or

Siemens´ service providers or suppliers and accessible via a web site portal address or IP address designated by Siemens, (ii) the

Material contained therein as defined in Section 2.2.1., and (iii) any offline components provided by Siemens or its licensors for use

in connection therewith, if any, (collectively, “Web Based Offering”).

Your standard terms and conditions referenced to or included in purchase orders, order confirmations or in any other communication,

if any, shall not apply to this Web Based Offering General Conditions even if not objected to by Siemens.

2. License Grant and Restrictions, Third Party License Terms, Place of Performance

2.1. Subject to the terms and conditions of this Web Based Offering General Conditions, as may be incorporated in a separate

agreement between you and Siemens, Siemens grants you a limited, non-exclusive, non-transferable, non-sublicenseable,

license to access and use the Web Based Offering solely for your own internal business purposes. All rights not expressly

granted to you are reserved by Siemens and its licensors. The license granted herein is conditioned on your continued

compliance with the terms and conditions of this Web Based Offering General Conditions.

2.2. Your use of the Web Based Offering is limited to the scope of the license granted in this Web Based Offering General Conditions,

unless otherwise agreed by Siemens in writing. In particular you shall not, or permit other individuals or entities to,

2.2.1. copy, reproduce, translate, alter, display, modify, decompile, reverse engineer, disassemble, attempt to discover the

source code or algorithms of, manipulate or create derivative work based on, the Web Based Offering, or any information,

documents, software, products and services or any other material (including text, graphics, logos, button icons, images,

audio clips, data, photographs, graphs, videos, typefaces, and sounds) contained or made available to you in the course

of using the Web Based Offering, or any part thereof, (“Material”) or use the Web Based offering to run or as part of a

service bureau, outsourced or managed services arranged, or access the Web Based Offering, unless and to the extent

permitted by mandatory law;

2.2.2. disable or circumvent any access control or related device, process or procedure established with respect to the Web

Based Offering or any part thereof. Such prohibited conduct includes, without limitation, any efforts to gain unauthorized

access to the Web Based Offering, other user accounts, computer systems or networks connected to the Web Based

Offering, through hacking, password mining or any other means, log into an account with a password not assigned to the

respective user, access identifiable information not intended for the respective user, test the security measures on the

Web Based Offering and/or attempt to identify system vulnerabilities, or to attempt to disable the Web Based Offering;

and

2.2.3. link, distribute, transfer, sell and resell, (sub-)license, rent, lease, lend, assign or otherwise transfer any rights to, or

commercially exploit or otherwise make available the Web Based Offering in whole or in part to any third party in any way.

2.3. The Web Based Offering may contain third party content, including commercial and open source software. Such third party

content may be subject to additional or differing terms and conditions that always prevail over this Web Based Offering General

Conditions; you will find such additional or differing terms and conditions as a link at the bottom of the web site platform where

the Web Based Offering is hosted, or any other place as designated by Siemens, and you accept those terms and conditions by

using the Web Based Offering.

2.4. Siemens provides access to and use of the Web Based Offering at the Wide Area Network (WAN) exit which may be located

outside your country. Siemens will not assume any obligation or responsibility to effect any data connection to such WAN exit.

Such data connection and the use of and access to the Web Based Offering requires an Internet connection and suitable soft-

and hardware as may be described in a separate agreement, including the ordering, proper installation, operation and

maintenance of suitable hardware and/or software for the Internet connection and transfer of data by you or by Users, as defined

in Section 5.1.

Rensselaer County Performance Contracting Agreement Amendment 7-Attachment 1

Page 2 of 6

Version 3 (02/09/18)

3. Remuneration

For consideration of the license to access and use the Web Based Offering, you agree to pay the agreed fees and charges. Fees do

not include any taxes, excises, duties, permits or other government charges (collectively, “Taxes”). You are responsible for the

payment of such Taxes or reimburse Siemens for any Taxes Siemens pays. If you claim a tax exemption or direct payment permit,

you shall provide Siemens with a valid exemption certificate or permit and indemnify Siemens from any Taxes, costs and penalties

arising out of the same. Invoices shall be payable without cash discounts and without any other deduction within 30 days of receipt

of the invoice. The setting-off of such claims against counter-claims shall be excluded. If you fail to meet the agreed payment

deadlines, you shall be in default without further notice and Siemens is entitled to suspend the Web Based Offering. Siemens reserves

the right to terminate this Web Based Offering General Conditions for cause if the default is not cured within 30 days.

4. Customer Communication, Disclosure, Data Storage

From time-to-time Siemens may ask whether or not you wish to receive marketing and other non-critical Web Based Offering-related

communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any

subsequent time by notifying Siemens. Because the Web Based Offering is a hosted, online application, Siemens may need to notify

you and/or your Users, as defined in Section 5.1 (whether or not they have opted out as described above), about important

announcements regarding the operation of the Web Based Offering. Siemens reserves the right to disclose that you are a User of

the Web Based Offering. You also grant Siemens the right to copy and maintain Your Data (as defined in Article 6) during the term

of your agreement with Siemens. You agree that all data and information required for the business relationships or resulting from

said relationships, especially contractual documents and papers as well as data and information necessary for the performance of

the Web Based Offering of and about you and your auxiliary persons, if any, may also be stored outside your country. Furthermore,

all such data and information may be disclosed to other Siemens companies for corresponding processing, especially for providing

services, fulfillment of legal requirements or for Siemens-internal audit and/or supervisory requirements; this always in compliance

with respectively applicable data protection laws.

5. Account Access; Your Obligations; Cyber Security

5.1. Where use of the Web Based Offering is contingent on accessing an account and/or inserting a "user-identification" and/or

"password", you agree that you will be solely responsible for all activity occurring when the Web Based Offering is accessed

through the use of your user-identification and/or password including any actions that occur without your authorization. You and

your Users shall keep any correspondence you receive relating to or through the use of the Web Based Offering (including, but

not limited to, your user-identification, passwords, and other registration or sign-in information) confidential and in a safe place

and not disclose it to any third party. “User” or “Users” means any individual(s) accessing the Web Based Offering on your

behalf or otherwise using the Web Based Offering under your account. It is your responsibility to take appropriate actions

immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent. You shall: (i)

notify Siemens immediately of any unauthorized use of any password or account or any other known or suspected breach of

security; (ii) report to Siemens immediately and use reasonable efforts to stop immediately any copying or distribution of content

that is known or suspected by you; (iii) notify Siemens when you no longer require access to the Web Based Offering; and (v)

keep all of your profile information current.

5.2. Siemens provides a portfolio with industrial security functions that support the secure operation of plants, systems, machines

and networks. In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement –

and continuously maintain – a holistic, state-of-the-art security concept. Siemens’ portfolio only forms one element of such a

concept. You are responsible for preventing unauthorized access to your plants, systems, machines and networks which should

only be connected to an enterprise network or the internet if and to the extent such a connection is necessary and only when

appropriate security measures (e.g. firewalls and/or network segmentation) are in place. Additionally, Siemens’ guidance on

appropriate security measures should be taken into account. For additional information, please contact your Siemens sales

representative or visit http://www.siemens.com/industrialsecurity.

Siemens’ portfolio undergoes continuous development to make it more secure. Siemens strongly recommends that updates are

applied as soon as they are available and that the latest versions are used. Use of versions that are no longer supported, and

failure to apply the latest updates may increase your exposure to cyber threats. Siemens strongly recommends to comply with

security advisories on the latest security threats, patches and other related measures, published, among others, under

http://www.siemens.com/cert/en/cert-security-advisories.htm.

6. Use of Data

In connection with the use of the Web Based Offering, Siemens (or Siemens´ service providers or suppliers) may obtain, receive or

collect data or information, including system-specific data or information or other content, from you or other parties using or having

used the Web Based Offering (“Your Data”).

Except for files uploaded and stored manually by you, you hereby grant Siemens (and Siemens´ service providers or suppliers when

acting on Siemens´ behalf) a non-exclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual, non-revocable license

under applicable copyrights and other intellectual property rights, if any, in all Your Data to provide the Web Based Offering to you

Rensselaer County Performance Contracting Agreement Amendment 7-Attachment 1

Page 3 of 6

Version 3 (02/09/18)

and to create derivative works and aggregated data derived from Your Data, Siemens customers and other sources, including without

limitation, comparative data sets, statistical analyses, reports and related services (collectively, “Siemens Data”). Siemens utilizes

Siemens Data as it sees fit for any purpose.

The Parties shall ensure that they and/or their Users adhere to the then current terms of use, data protection notification, privacy

policy, and cookie policy as linked at the bottom of the website platform where the Web Based Offering is hosted, or any other place

as designated by Siemens.

You represent and warrant that you have obtained all rights, permissions and consents necessary to the aforesaid use of Your Data

as part of the Web Based Offering, and permit Siemens to exercise all of its rights under this Web Based Offering General Conditions.

You, not Siemens nor Siemens’ service providers or suppliers, shall have sole responsibility for the accuracy, quality, integrity,

legality, reliability, and appropriateness, of all of Your Data. Neither Siemens nor Siemens’s service providers or suppliers shall be

responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data.

In the event this Web Based Offering General Conditions is terminated (other than by reason of your breach), Siemens will make

available to you a file containing Your Data within 30 days of termination if you so request in writing at the time of termination.

Siemens reserves the right to withhold, remove and/or discard Your Data and Siemens Data, to the extent legally feasible, without

notice for any breach, including, without limitation, non-payment. Upon termination for cause, your right to access or use Siemens

Data immediately ceases, and Siemens shall have no obligation to maintain or forward any Siemens Data to you.

7. Intellectual Property Ownership

All right, title and interest in the Web Based Offering, including technology and trade secrets embodied therein and any custom

developments created or provided in connection with or related to this Web Based Offering General Conditions, including all

copyrights, patents, trade secrets, trade dress, and other proprietary rights, and any derivative works thereof, shall belong solely and

exclusively to Siemens and/or its licensors, service providers and suppliers, and you shall have no rights whatsoever in any of the

foregoing. You acknowledge that the Web Based Offering constitutes a valuable trade secret and/or is the confidential information

of Siemens or its licensors, service providers and suppliers. Nothing in this Web Based Offering General Conditions or otherwise will

be deemed to grant to you an ownership interest in the Web Based Offering, in whole or in part. All Material is the property of

Siemens or its licensors, suppliers and service providers and is protected by applicable law sand all rights thereunder are valid and

protected in all forms, media and technologies existing now or hereinafter developed. You shall not (and shall ensure that third parties

do not) perform any activities as set forth in Section 2.2, and any use other than as contemplated herein is strictly prohibited.

8. Trademarks

Siemens’ name, logo, other related names, design marks, product names, feature names and related logos are trademarks of

Siemens and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Siemens. In

addition, the look and feel of the Web Based Offering (including all page headers, custom graphics, button icons, and scripts)

constitutes the service mark, trademark and/or trade dress of Siemens or its licensors, and may not be copied imitated or used, in

whole or in part, without the express prior written permission of Siemens.

9. Term; Termination; Suspension of the Web Based Offering

9.1. The term of this Web Based Offering General Conditions commences latest with your first use of the Web Based Offering and

continues through any subsequent use of the Web Based Offering thereafter. Your and User’s use of the Web Based Offering

may be terminated by either party in writing following three (3) months' prior notice.

9.2. Each party shall be entitled to give written notice of termination of this Web Based Offering General Conditions for cause, which

shall apply in particular for: (i) unauthorized use of the Web Based Offering; (ii) a material breach of this Web Based Offering

General Conditions by the other party which is not remedied within a reasonable period of time despite written notice specifying

any such breach (iii) the other party becoming insolvent, bankrupt or insolvency or probate proceedings being applied for or

initiated against it or being rejected due to a lack of funds; (vi) serious damage to the remote server system and/or the internet

connection or its unusability as a result of any acts or omissions beyond Siemens’ responsibility.

9.3. In each of the aforesaid cases or as otherwise stated in this Web Based Offering General Conditions, Siemens, in its sole

discretion, may suspend or terminate your password, account or use of the Web Based Offering and may delete any Data without

an obligation for a recovery. You agree and acknowledge that Siemens has no obligation to retain Your Data, and may delete

such Data, if you have materially breached this Web Based Offering General Conditions, including but not limited to failure to

pay any payments due to Siemens under any agreement, and such breach has not been cured within 15 days of notice of such

breach.

10. Warranty; Disclaimer

10.1. Each party warrants that it has the legal power and authority to enter into this Web Based Offering General Conditions. You

warrant and covenant that you do not and have not falsely identified yourself nor will provide or have provided any false

information to gain access to the Web Based Offering. If you are entering into this Web Based Offering General Conditions on

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Version 3 (02/09/18)

behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and

conditions. If you do not have such authority, you must immediately stop using the Web Based Offering.

10.2. Unless Siemens agrees in a separate writing to provide an exception to this warranty disclaimer with respect to the Web Based

Offering, Siemens shall be only liable for defects and any violation of property rights as set forth in Articles 12 and 13 and as

follows:

10.2.1. Siemens shall render the Web Based Offering consistent with degree of care and skill ordinarily exercised by reputable

companies performing same or substantially similar services under similar conditions and circumstances. The Web Based

Offering substantially meets and complies with the functional specifications agreed with you separately in writing.

10.2.2. SIEMENS INCLUDING SIEMENS´ SERVICE PROVIDERS AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT

PERMITTED BY LAW ALL FURTHER OR OTHER WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR

IMPLIED, REGARDING THE WEB BASED OFFERING, OR OTHERWISE RELATING TO THIS WEB BASED

OFFERING GENERAL CONDITIONS, SUCH AS OBTAINED, GENERATED OR OTHERWISE RECEIVED

INFORMATION, REPORTS, RESULTS OR OTHER DATA, INCLUDING WARRANTIES AND CONDITIONS OF

FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT

AND ACCURACY AND NON-INTERFERENCE. SIEMENS SPECIFICALLY DOES NOT WARRANT THAT THE WEB

BASED OFFERING IS OR WILL BE SECURE, ACCURATE, RELIABLE, COMPLETE, UNINTERRUPTED, WITHOUT

ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM

LIMITATIONS, AND THAT THE WEB BASED OFFERING WILL MEET YOUR REQUIREMENTS.

10.2.3. The exclusive remedy of you and Siemens' sole obligation in the event of a reproducible defect of Web Based Offering

shall be for Siemens to resolve such defect within a reasonable time.

10.3. Any other rights or remedies because of defects in the Web Based Offering, including without limitation those for damages, are

excluded to the extent permitted by law.

11. Indemnification

You shall indemnify and hold Siemens, its service providers, suppliers and licensors, and each such party's parent organizations,

subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs,

damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a

claim alleging that use of Your Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would

constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you of this Web Based

Offering General Conditions or a violation of any law or regulation, provided in any such case that Siemens (a) gives written notice

of the claim promptly to you; and (b) gives you sole control of the defense and settlement of the claim (provided that you may not

settle or defend any claim unless you unconditionally release Siemens of all liability and such settlement does not affect Siemens

business or the Web Based Offering).

12. Infringement of third party`s intellectual property rights

Unless otherwise agreed, e. g. as set forth in Section 2.3, Siemens shall provide the Web Based Offering free from third parties'

intellectual property rights only with respect to the country where such rights are registered or, if not registered, created. . If a third

party asserts a justified claim against you based on an infringement of an intellectual property right by the Web Based Offering

rendered by Siemens and used by you in conformity with the Web Based Offering General Conditions, Siemens shall be liable to

you within the period for liability as follows: (a) Siemens shall choose whether to acquire, at its own expense, the right to use the

intellectual property rights with respect to Web Based Offering concerned or whether to replace or modify the Web Based Offering

in a way that it no longer infringes. If this is not reasonably possible then Siemens may terminate the Web Based Offering General

Conditions; (b) Siemens’ liability to pay damages is governed by Article 13, (c) aforesaid obligations of Siemens shall apply only if

you (i) immediately notify Siemens of any such claim asserted by the third party in writing, (ii) do not acknowledge an infringement

of intellectual property rights and (iii) leave any protective measures and settlement negotiations to Siemens’ discretion. If you stop

using the Web Based Offering in order to mitigate damages or for other good reason, you shall inform the third party explicitly that

no acknowledgement of the alleged infringement may be inferred from the fact that the use has been discontinued. Your claims shall

be excluded if you are responsible for the infringement of an intellectual property right. Your claims are also excluded if the intellectual

property right infringement is caused by Your Data, specifications or instructions made by you, by a use not foreseeable by Siemens

or contractually prohibited, or by the Web Based Offering being modified by you or being used together with products/services not

provided by Siemens.

13. Liability

13.1. UNLESS OTHERWISE AGREED IN A SEPARATE WRITING BETWEEN THE PARTIES, IN NO EVENT SHALL SIEMENS BE

LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, WORK STOPPAGE,

COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL,

EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS WEB BASED OFFERING

GENERAL CONDITIONS OR OTHERWISE, EVEN IF SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES, OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY. IN NO CASE WILL SIEMENS AND/OR ANY OF

THE SIEMENS PARTIES BE LIABLE FOR ANY REPRESENTATION OR WARRANTY MADE TO YOU BY ANY THIRD

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PARTY. EXCEPT FOR CLAIMS THAT THE WEB BASED OFFERING CAUSED BODILY INJURY (INCLUDING DEATH) DUE

TO SIEMENS’ NEGLIGENCE OR WILLFUL MISCONDUCT,

13.2. SIEMENS CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS OF DAMAGES ARISING OUT OF OR RELATED TO THIS

WEB BASED OFFERING GENERAL CONDITIONS AND REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES

IS BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE OR TORT, SHALL NOT EXCEED THE AMOUNT OF THE

PAYMENTS MADE TO SIEMENS FOR THE WEB BASED OFFERING GIVING RISE TO SUCH CLAIM IN THE SIX (6)

MONTHS PRIOR TO SUCH CLAIM.

13.3. YOU ACKNOWLEDGE (a) THAT THESE LIMITATIONS APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL

PURPOSE; AND, (b) THAT, WITHOUT THESE LIMITATIONS, YOU WOULD NOT HAVE USE OF THE WEB BASED

OFFERING PROVIDED HEREUNDER.

13.4 Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental,

consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

14. Interruption of the Web Based Offering

14.1. You agree that the operation and availability of the systems used for accessing and interacting with the Web Based Offering,

including, the public telephone, computer networks and the internet or to transmit information, whether or not supplied by you or

Siemens, can be unpredictable and may, from time to time, interfere with or prevent the access to and/or the use or operation

of the Web Based Offering. Neither Siemens nor any company of the Siemens Group shall be liable for any interference with or

prevention of your access to and/or use of the Web Based Offering.

14.2. It may be necessary for Siemens and/or its suppliers, service providers and licensors to perform scheduled or unscheduled

repairs, maintenance, or upgrades, and such activities may temporarily degrade the quality of the Web Based Offering or result

in a partial or complete outage of the Web Based Offering. Siemens provides no assurance that you will receive advance

notification of such activities or that the Web Based Offering will be uninterrupted or error-free. Any degradation or interruption

in the Web Based Offering shall not give rise to a refund or credit of any fees paid by you.

15. Export Control; Local Law

You acknowledge that the Web Based Offering, which may include technology and software, are subject to the customs and export

control laws and regulations of Switzerland, the Federal Republic of Germany, the European Union and the United States of America

and may also be subject to the customs and export laws and regulations of the country in which the Web Based Offering is rendered

and/or received. From any location where data is being accessed by you, you are solely responsible for establishing all prerequisites

for lawful access to Web Based Offering, including any data and information stored, up to the WAN exit point at the data center used

by Siemens. You agree to abide by those laws and regulations. You are solely responsible for obtaining any specific licenses relating

to the export of software if a license is needed. Siemens’ agreement to provide the Web Based Offering is contingent upon any

impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.

Siemens is not liable for delays or failure to deliver Web Based Offering or a product resulting from your failure to obtain such license

or to provide such certification.

16. Notices

Siemens may give notice by means of a general notice on the Web Based Offering, electronic mail to your e-mail address on record

in Siemens account information, or by written communication to your address, e. g. by pre-paid first class mail, on record in Siemens

account information.

17. Modification of this Web Based Offering General Conditions

Siemens reserves the right to modify the terms and conditions of this Web Based Offering General Conditions or its policies relating

to the Web Based Offering at any time, effective upon posting of an updated version of this Web Based Offering General Conditions

on the Web Based Offering. You are responsible for regularly reviewing this Web Based Offering General Conditions. Continued use

of the Web Based Offering after any such changes shall constitute your consent to such changes. In case you disagree to the

modifications you shall notify Siemens about your objection. In such cases, Siemens reserves the right to terminate the Web Based

Offering General Conditions effective within a 30 days period after receipt of any such notification.

18. License Usage Audit

You shall allow Siemens to conduct audits of the contractual use on Siemens’ written request. This shall include in particular access

to all relevant systems and documentation. Siemens may carry out the audit itself or by way of any third party auditor acceptable to

you and subject to a duty of confidentiality. Siemens shall give you at least ten (10) working days prior written notice of such an audit.

Such an audit may take place at your premises during the regular hours of business. If, as a result of an audit, any use not in

conformity with this Web Based Offering General Conditions is detected, you shall pay to Siemens, as liquidated damages and not

as a penalty, the amount of the license fee set out in the current price list applicable to the item for which non-conforming use is

detected. In addition, you shall bear the reasonable costs of the audit. Siemens reserves the right to claim further damages and to

be able to implement any other remedy available to Siemens identified herein.

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19. Assignment; Change of Control

Subject to any terms to the contrary existing in the Standard Terms and Conditions, this Web Based Offering General Conditions

and the License granted hereunder may not be assigned by you without the prior written approval of Siemens but may be assigned

or transferred without your consent by Siemens to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.

Any purported assignment in violation of this Article shall be void. Any actual or proposed change in control of you that results or

would result in a Competitor of Siemens directly or indirectly owning or controlling 50% or more of you shall entitle Siemens to

terminate this Web Based Offering General Conditions and the License granted hereunder for cause immediately upon written notice.

A “Competitor” of Siemens means an individual or entity that is involved in the sale or service of (i) building automation systems or

equipment; (ii) fire safety systems or equipment; (iii) energy management and control systems, (iv) remote monitoring of energy

management systems, (v) demand response services, (vi) equipment monitoring services, (vii) energy information services, or (viii)

design or manufacture of software or hardware for any of the foregoing.

20. Miscellaneous; Applicable law

20.1. No joint venture, partnership, employment, or agency relationship exists between you and Siemens as a result of this Web

Based Offering General Conditions or use of the Web Based Offering. The failure of Siemens to enforce any right or provision

in this Web Based Offering General Conditions shall not constitute a waiver of such right or provision unless acknowledged and

agreed to by Siemens in writing.

20.2. If any provision of this Web Based Offering General Conditions is held by a court of competent jurisdiction to be invalid or

unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or

unenforceable provisions, with all other provisions remaining in full force and effect.

20.3. Subject to Article 17, no modification, amendment or waiver of any provision of this Web Based Offering General Conditions

shall be binding, unless made in writing and duly signed by the parties; for avoidance of doubt, electronic communication shall

not qualify as written notice or document. Any waiver of this requirement for the written form shall likewise be in writing.

20.4. Any cause of action you may have with respect to your use of the Web Based Offering must be commenced within one (1) year

after the claim or cause of action arises

20.5. This Web Based Offering General Conditions is governed by and construed in accordance with the laws of the State of

Delaware, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for

the International Sale of Goods is excluded. BOTH SIEMENS AND YOU KNOWINGLY, VOLUNTARILY AND IRREVOCABLY

WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO WEB BASED

OFFERING GENERAL CONDITIONS. Each party agrees that claims and disputes arising out of this Web Based Offering

General Conditions must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which

either you or Siemens maintains its principal place of business. Each party submits to the personal jurisdiction of such courts

for the purpose of litigating any claims or disputes.

21. Provisions for Value Added Partners, Solutions Partners and OEM

In case that you are entitled to sublicense access and use of the Web Based Offering, as agreed with Siemens in a separate written

agreement, these Web Based Offering General Conditions apply with the following deviations:

21.1. Section 2.1 shall be deleted and replaced with the following Section:

“2.1 Siemens grants you a limited, non-exclusive, non-transferable license to (i) access and use the Web Based Offering solely

for the purpose of providing commercial services to third parties (“Your Customers”) and any of your affiliates; (ii) to sublicense

the right to use such commercial services to Your Customers as end-users for their internal purposes under your Account. All

rights not expressly granted to you are reserved by Siemens and its licensors. The license granted herein is conditioned on

your, Your Customer’s and your affiliate´s continued compliance with the terms and conditions of this Web Based Offering

General Conditions.”

21.2. You are solely allowed to sublicense the Web Based Offering by way of a written sublicense agreement. You shall ensure in

such a way that Siemens is a third party beneficiary that Your Customers and your affiliates comply with the Web Based Offering

General Conditions and grant Siemens the rights set forth in Article 6.

21.3. You are responsible for any access to and use of the Web Based Offering by Your Customers and your affiliates as if it were

your own access and use and you shall be liable and indemnify and hold Siemens harmless from any requests, claims and

disadvantages related or out of your sublicense.

SII, Smart Infrastructure Page 1 of 25

Amendment

Amendment No. 7 to Performance Contracting Agreement

THIS AMENDMENT No. 7 (“Amendment”) is made this 18th day of February, 2022, by and between Siemens

Industry, Inc. ("SIEMENS"), and the party identified below as CLIENT, and effective upon execution, amends

and modifies the Performance Contracting Agreement dated March 1, 2014, 44OP-097293 between SIEMENS

and CLIENT, and all prior amendments thereto, if any (collectively the ”Agreement”).

PROJECT:

To address changes to the scope of the Agreement with Savings achieved through this Amendment 7's FIM's

calculated and reported separately from the FIM's identified in the Agreement and previous Amendments.

CLIENT: Rensselaer County

1600 7th Avenue

Troy, NY 12180

DESIGNATED REPRESENTATIVE:

Steve McLaughlin, County Executive

Phone: 518-270-2900, Fax: 518-270-2961

SIEMENS: Siemens Industry, Inc.

1000 Deerfield Parkway

Buffalo Grove IL 60089

Local office at:

6 British American Blvd, Suite 104-c

Latham, NY 12110

DESIGNATED REPRESENTATIVE:

Tom Garrett, Account Executive

Phone: 518-424-0768, Fax: 518-782-0476

1. The Agreement and any amendments thereto are incorporated by reference herein and made a part hereof.

2. The Parties agree to modify the Agreement as follows:

The following is added to Article 4 of the Performance Contracting Agreement:

4.14b The savings realized between the final completion date of construction related to the scope of

Amendment 7 and the next anniversary of the Guarantee Date will be added to the Construction Period

Savings. Annual Period 1 for the savings related to the scope of Amendment 7 will start on the next

anniversary of Guarantee Date after construction is complete.

EXHIBIT A – Scope of Work and Services, Article 1: Scope of FIM Work is modified as follows:

Rensselaer County 99 Troy Road Building

The following is inserted after Amendment 6 Exhibit A 1.2.53.

1.2.54 FIM 127: Lighting LED Retrofit and Enlighted Lighting Controls

SIEMENS will upgrade the existing lighting technology in the 99 Troy Building with energy efficient LED lighting

technology as follows.

• Removal of old lamps, per Appendix 1 Lighting Retrofit Schedule

• Lighting upgrades of T-12F28 and CFL’s with LED lamp replacements

• Enlighted Lighting Controls will be installed as specified below:

o 1200 - Micro Sensor and 2-wire Adapter Cable, IoT Node

o 210 - Enlighted Remote Control Wall Switch

o 12- Enlighted Gateway Gen 2 / V2

o 4 - Network - PoE Switch - Gen 2 – 8 ports

o 1 - Energy Manager 5000

Commissioning Strategy for this FIM:

• Lighting: Commissioning will consist of random inspections of new fixture installations, inspection of wiring

and branch circuit layout, and inspections and physical testing of various fixture retrofits, ballast wiring,

conditions of socket pins, lenses, fasteners, and the cleanliness of the fixtures.

• Lighting Controls: Commissioning will consist of random inspections of new fixture installations, inspection

of wiring and branch circuit layout, and inspections and physical testing of occupancy sensors, switching,

SII, Smart Infrastructure Page 2 of 25

Amendment

dimming controls, various fixture retrofits, ballast wiring, conditions of socket pins, lenses, fasteners, and

the cleanliness of the fixtures.

1.2.55 FIM 128: Replace Low Temperature Non-Condensing Boiler with Condensing Boilers

SIEMENS will replace two (2) TRIAD Hot Water Boilers at 99 Troy Road Building; One (1) newer existing boiler to

remain.

Scope of Work Details include:

- Install two (2) new 750 MBH condensing boilers

- Disconnect electrical and control connections to existing boilers and extend existing circuits to new boilers

- Remove and dispose of two (2) existing TRIAD boilers

- Provide and install boiler piping and trim as required, disconnect and reconnect

- Provide and install insulation on new piping for this work

- Provide and install new breeching for the new boilers as required.

- Provide and install new combustion air to each new boiler.

- PVC or galvanized per manufacturer recommendations.

- Provide and Install condensate neutralization kit for new boilers.

- Install three new (3) new base mounted pumps to match the capacities to the existing pumps.

- Install required electrical and controls connections.

- Boiler Management System to have BACnet card for integration into building management system

- Provide pipe labelling, directional arrows, and valve tags

Commissioning Strategy:

• SIEMENS and the CLIENT will perform a visual inspection of the burner installation and operation.

• Operator Training for this FIM is included.

Clarification and Exclusions for this FIM (In addition to those identified in Article 1.4):

• CLIENT is responsible for procuring chemical treatment company to treat water system.

• SIEMENS will clean existing strainers for this work, CLIENT will be required for cleaning strainers

weekly as required to prevent future sediment and clogging issues.

1.2.56 FIM 129: Replace Forced Draft Cooler with New Closed Circuit Cooler & VFD

SIEMENS will replace the existing (1) one FRICK closed circuit cooler.

Scope of Work Details include:

- Disconnect electrical circuits on cooler

- Remove and dispose of (1) one existing FRICK Cooler.

- Provide and install (1) one new cooler, similar tonnage as the original unit.

- Provide new equipment support and use existing concrete pad.

- Provide variable frequency drive for cooler fan

- Provide and install new piping connections from existing piping and trim as required.

- Provide and install insulation on new piping as required.

- Glycol content for cooling system shall be checked and analyzed if glycol level is low then glycol will be

added.

Commissioning Strategy for this FIM:

• SIEMENS and the CLIENT will perform a visual inspection of the cooler installation and operation.

• Operator Training for this FIM is included.

• System graphics on the front-end will be verified

Clarification and Exclusions for this FIM (In addition to those identified in Article 1.4):

• SIEMENS is doing direct replacement of the unit; no structural requirements are anticipated as the

unit weight is equal or less than original. No cost associated for structural is included in the above

work

1.2.57 FIM 130: Replace Water Source Heat Pumps (WSHP) with New Units

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Amendment

SIEMENS will replace (54) fifty-four Water Source Heat Pumps (WSHP) at 99 Troy Road Building.

Scope of Work Details include:

- Disconnect, extend, and reconnect existing electrical circuits to new units

- Remove and dispose of (54) fifty-four existing WSHPs.

- Provide and install (54) fifty-four new WSHPs as identified in the table below. The new units will

match the capacity of the existing units.

- Connect the new units to existing air-distribution system.

- Startup the new units and verify functionality.

Location

Qty.

Ground Floor

1st Floor

2nd Floor

3rd Floor

Total

Commissioning Strategy for this FIM:

• SIEMENS and the CLIENT will perform a visual inspection of the WSHPs installation and operation.

• Operator Training for this FIM is included.

1.2.58 FIM 131: Make-Up-Air Unit (MAU) Replacement with new Unit and Heat Recovery

SIEMENS will replace (1) one TRU-PAC rooftop Make-Up Air (MAU) unit.

Scope of Work Details include:

- Disconnect electrical, mechanical and control connections to existing MAU.

- Extend, and reconnect existing circuits to new MAU.

- Remove and dispose of existing rooftop MAU.

- Provide and install (1) one new 9,000 CFM MAU.

- Connect glycol piping to the new MAU heating coil.

- Provide and install new roof curb adapters to new unit.

- The new unit to be equipped with wheel type heat recovery system and fan VFD.

- Connect the MAU to the building management system (BMS).

- Startup the new unit.

Commissioning Strategy for this FIM:

• SIEMENS and the CLIENT will perform a visual inspection of the rooftop MAU unit installation and

operation.

• Operator Training for this FIM is included.

Clarification and Exclusions for this FIM (In addition to those identified in Article 1.4):

• SIEMENS is doing direct replacement of this unit; no structural requirements are anticipated as the

unit’s weight is equal or less than original. No cost associated for structural is included in the above

work

• SIEMENS Excludes all work associated with existing fire alarm system, cost is not included in the

scope

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Amendment

1.2.59 FIM 132: Smart Pumps on Heat Pump Loop Water System

SIEMENS will replace the existing (3) hot water pumps as show in the table below:

Pump Type

Motor Size

Impeller Model#

Hot Water-Low Temp

15-HP

Taco: BB5010

Hot Water-Low Temp

15-HP

Taco: BB5011

Hot Water-High Temp

5-HP

Taco: BB2510

Scope of Work Details include:

- Disconnect electrical circuits on (3) hot water pumps.

- Existing circuits will be saved and extended to the (3) new pumps.

- Provide and install (3) three new smart pumps with high efficiency motors.

- Install and power (3) three VFD’s

- Provide and install insulation on new piping per the above scope

Commissioning Strategy for this FIM:

• SIEMENS and the CLIENT will perform a visual inspection of the pump installation and operation.

• Operator Training for this FIM is included.

1.2.60 FIM 133: DDC Controls installation

SIEMENS will install new DDC controls on equipment as described below.

Scope of Work Details include:

Network Communication

1. Provide, mount and wire one (1) one Supervisory Controller.

2. Provide power wiring to the new Controller.

3. Provide CAT-6 communication wiring to Ethernet port for the new Controller.

4. UI Graphics and Licensing

5. Desigo CC User Interface, Schedules and Trends

6. All IP drops to be provided by CLIENT IT department

Hot Water System (Boilers and Pumps):

1. Provide and install new field controller for (3) three boilers.

2. Provide and install control connection to (3) three primary pumps and (3) three zone pumps.

3. Integrate to existing boiler manufacturer controls if available for BACnet/Modbus communication

4. Integrate via BACnet with packaged smart pump system with integral VFDs.

5. Replace and monitor differential pressure for smart pumps

6. Replace existing hot water main supply and return temperature wells

7. Provide hot water system graphics.

8. Provide power wiring to the controller.

9. Provide and install BACnet MS/TP communication wiring from control panel to pump VFD’s.

10. Mount, install and provide wiring from field devices to DDC panel.

11. Provide additional conduit and wire where needed.

12. The following control points to be added to the hot water system:

- Boiler 1, 2 and 3 Status/Command

- Boilers 1, 2 and 3 Alarm

- Outside Air Temp (OA-T)

- Hot Water Supply Temp – Loop 1 and Loop 2

- Hot Water Pump 1, 2 and 3 Status/Command

- Hot Water Pump 1, 2 and 3 VFD % (network inputs from smart pumps)

- Differential Pressure (network input; integral DP with smart pumps)

- Zone Pumps (3) Command/Status

Control Strategies:

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Amendment

- Scheduling

- Boiler Lead/Lag Sequencing

- Runtime Optimization

Heat Pump Cooling Loop (Closed Circuit Cooler and Pump)

1. Provide and install new field controller for (1) one Cooler and (1) one Pump.

2. Provide heat pump cooler water system graphics.

3. Provide power wiring to the controller.

4. The following control points to be added to the chilled water system:

- Cooler Command/Status

- Supply Water Temp

- Return Water Temp

- Fan VFD % (network input)

Control Strategies:

- Scheduling

- Cooler VFD will be controlled via local controller

Make-Up-Air Unit (MAU)

1. Provide and install new field controller for the MAU

2. Provide and install MS/TP communication wiring from MAU control panel to fan VFD.

3. Mount, install and provide wiring from field devices to DDC panel.

4. Provide additional conduit and wire where needed.

5. The following control points to be included for the MAU:

6. EXCLUDES providing new duct detectors on MAU

- MAU Status/Command

- MAU Alarm

- Discharge Air Temp (DA-T)

- Return Air Temp (RA-T)

- Exhaust Air CO2

- Heating Valve Command/Position

- Exhaust/Outside/Mixed Air Damper Command/Position

- Low Temp Alarm (LT-A)

- Supply Fan VFD Command/Output

- MAU Filter Alarm

Provide and install new CO2 sensors and necessary wiring to controller panel that will control the ventilation

rates to reduce outside air requirements during occupied scheduled times when there is low and/or no

occupancy.

Control Strategies:

- Scheduling

- Simultaneous Heating/Cooling Lockout

- Night Temperature Setback

- Demand Control Ventilation – Control with VFD’s on supply & exhaust for DCV

SII, Smart Infrastructure Page 6 of 25

Amendment

Water Source Heat Pump (WSHP) – (Typical of 54)

The WSHP will be implemented with factory installed controllers.

1. Provide and Install new Controller to integrate the WSHP units into the BMS

2. The following control points to be integrated via network input

- WSHP Status

- WSHP Alarm

- Zone Temp

- Compressor Failure Alarm

Control Strategies:

- Scheduling

- Simultaneous Heating/Cooling Lockout

- Night Temperature Setback

Advanced Diagnostics

Provide software to implement cloud based IoT platform for computerized maintenance management system

(CMMS), Fault Detection and Diagnostic (FDD), automated reporting, preventative maintenance analytics

(such belt runtime alarm, filter alarm, motor runtime alarm, compressor amperage/runtime alarm). All

communication to take place over BACnet IP secured network.

Commissioning Strategy for this FIM:

• SIEMENS and the CLIENT will perform a visual inspection of the installation.

• SIEMENS will commission all work internally

• Training for this FIM will be provided by SIEMENS

• SIEMENS will turnover commissioning book and point to point checkout sheets to the CLIENT upon

completion

• SIEMENS will provide As-Built drawings and O&M manuals upon completion

Clarification and Exclusions for this FIM

• Wiring in exposed mechanical rooms shall be in EMT, wiring in concealed spaces shall be plenum rated

cable.

• Block wall wiring shall be in wire mold.

• SIEMENS assumes that all existing equipment valves, pipes, fittings, devices, etc., that are re-located

and/or not replaced, in this scope, are in good working order. Failure of such components that SIEMENS is

not replacing shall be the responsibility of the CLIENT.

• SIEMENS Excludes all work associated with existing fire alarm system, cost is not included in the scope

• CLIENT to provide SIEMENS with a network connection and allow SIEMENS to setup Common

Remote Service Portal (CRSP) for remote connection for setup and monitoring of the BMS system.

1.2.61 FIM 134: Installation of Needlepoint Bipolar Ionization (NPBI) with Ion Sensors

SIEMENS will supply and install Needlepoint Bipolar Ionization (NPBI) emitters and power sources for (54) fifty-four

Water Source Heat Pump Units.

Scope of Work Details include:

- Conduct a pre-install indoor air quality (IAQ) test of fine particulate counts at various points around building

using calibrated meter. Record readings.

- Provide and install Needlepoint Bipolar Ionization (NPBI) emitters on (54) fifty-four Water Source Heat

Pump Units.

- Connect Needlepoint Bipolar Ionization (NPBI) power wiring to operate when airflow is operating.

- Test and commission system

- Conduct a post-install indoor air quality (IAQ) test of fine particulate counts and particulate matter at various

points around building using calibrated meter. Record readings and generate report for facility.

- Tie the NPBI control point to building management system

SII, Smart Infrastructure Page 7 of 25

Amendment

The following terms apply specifically to this FIM and control in the event of conflict with the terms in the Agreement:

(a) Manufacturer’s Warranty. CLIENT acknowledges and agrees that the sole and exclusive warranty for

NPBI is the warranty provided by the manufacturer of NPBI. CLIENT shall follow the manufacturer’s

instructions with regard to submitting warranty claims and obtaining warranty service.

(b) No SIEMENS Warranty. SIEMENS PROVIDES NPBI “AS IS”. SIEMENS MAKES NO WARRANTIES,

EXPRESS OR IMPLIED, WITH REGARD TO NPBI, INCLUDING WITHOUT LIMITATION, WARRANTIES

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND

USAGE OR TRADE.

out of or relating to NPBI unless SIEMENS installed NPBI and the claims arise solely out of installation of

NPBI.

(d) Patent and Copyright Infringement. SIEMENS’ obligations under Article 10.5 in the Agreement shall not

apply to claims of infringement of intellectual property arising out of or relating to NPBI.

1.2.62 FIM 135: Post Construction HVAC Commissioning and Testing, Adjusting and Balancing (TAB)

SIEMENS will provide building HVAC Commissioning and Final Air and Water Balancing

- Post Construction HVAC Commissioning provided by Engineer of Record with assistance by SIEMENS

and TAB sub-contractor.

- Provide Commissioning report and TAB report outlining the final setpoints and operation of equipment

meeting the proposed sequence of operations.

1.3 CLIENT’S Responsibilities (in addition to those in Article 6 of the Agreement):

CLIENT shall cooperate with SIEMENS in SIEMENS’ efforts to obtain rebates. CLIENT’s cooperation includes, but

is not limited to, signature on applications and permitting utility personnel to enter the Facility where the FIM’s have

been installed in order to verify their installation and that they are operating.

1.4 Clarifications and Exclusions

• In the event asbestos is discovered in or on existing components, scheduled to be removed. Demolition

and removal of these components will need to be conducted by a certified abatement contractor

contracted directly with the CLIENT and not with SIEMENS. Abatement of asbestos, lead paint and other

existing hazardous materials is excluded from this scope.

• If asbestos or lead in paint is encountered during construction, SIEMENS will stop work and seek

direction from the CLIENT.

• SIEMENS will not be responsible for replacing existing/damaged components outside the scope

• Cutting and patching provided in areas that require penetrations and/or access. Painting is not included in

patching. SIEMENS will paint patched location with CLIENT provided paint as requested by CLIENT.

• SIEMENS will not be responsible for replacing existing/damaged ceiling tiles, floors tiles, etc.

• CLIENT must work with SIEMENS to provide access as needed to meet schedule and complete work in

timely fashion.

Article 2: Section 2.1.2 is modified as follows:

The following is inserted below 2.1.2:

Commencement of Work: SIEMENS shall commence the Work upon receipt of written notice to proceed from the

CLIENT which shall be issued following the closing of the CLIENT’s financing and shall perform the Work diligently

and shall complete the Work no later than twelve (12) months after commencement of the Work on this Amendment

SII, Smart Infrastructure Page 8 of 25

Amendment

Article 3 is modified as follows:

The following is inserted below 3.1.5:

3.1.6 One Annual Performance Assurance Report will be provided within sixty (60) days of the end of each

Annual Period.

3.1.7 The Measured and Verified Savings for the respective Annual Period, including supporting

documentation required to complete the Measurement and Verification Plan outlined in Article 4 of

Exhibit C of this Agreement.

3.2 Key Performance Indicator (KPI) Monitoring

3.2.1 Quarterly reporting of KPIs for selected FIMs to show where equipment parameters (e.g.,

temperatures, setpoints, schedules) are deviating from a target range necessary for optimal energy

savings.

3.2.2 FIMs included for KPI Monitoring are Replace Forced Draft Cooler with New Closed-Circuit Cooler

& VFD, Install New Make-Up-Air Recovery (MAU) with Heat Recovery, New Smart Pumps on Heat

Pump Loop Water System, DDC- Temperature Setback, and DDC- Demand Control Ventilation on

Make-Up-Air Unit.

3.2.3 Results are documented and shared via email and through the NavigatorTM Activity Log.

3.3 NavigatorTM Dashboard

3.3.1 This PASP scope includes configuration of three (3) Basic User accounts in NavigatorTM

3.3.2 Basic User accounts include Portfolio Overview, Document Management and Activity Log

Dashboards as well as standard Dashboards for KPI and Utility Bill Monitoring, if applicable to the

PASP.

3.3.3 Annual Performance Assurance and KPI Monitoring reports are documented and shared through

NavigatorTM Activity Log and Document Management Dashboard

Article 4 is modified as follows:

The following is inserted below 4.4:

4.4.1 CLIENT SUPPORT SERVICES for this Amendment 7

Customer Directed Support: With the CLIENT’s Directed Support, SIEMENS will provide a trained and

experienced automation specialist, HVAC Mechanic, Generator Technician or Electrical Service Specialist

who will work under the CLIENT direction. The intent of this service is to offer labor assistance in completing

a special project, or to meet a facility service objective. In addition to the APOGEE automation services

described, Operating Inspections, and Combustion Analysis & Adjustments as described in 4.2.1 and 4.2.2.

SIEMENS will provide an annual allotment of 300 HVAC mechanic and or Electrical Specialist hours of

labor to perform the described HVAC and Electrical Maintenance services. CLIENT Directed service can

be provided at any County facility. A $27,300 annual allotment for materials will be provided. APOGEE

materials will be discounted 60% from list price if not already covered in the Equipment List R&R Schedule.

Exhibit B – Payment Schedules is modified as follows:

Page 1 of 5, Item 1.1 FIM Work Payment Schedule, the following is added as the payment schedule applicable

solely to the FIM Work performed under this Amendment 7:

As full consideration of the Work as described in this Amendment No.7, the CLIENT shall pay to SIEMENS Three

Million, Eight Hundred Ten Thousand, Three Hundred Sixty-Nine Dollars ($3,810,369), plus taxes, if

applicable).

SII, Smart Infrastructure Page 9 of 25

Amendment

Table B.1.5 is added as follows to the Agreement and is applicable solely to the Work performed under this

Amendment 7.

Table B.1.5 – 99 Troy Building FIM Work Payment Schedule

Project Phase

Payments ($)

Payments (%)

Schedule

Project development,

engineering, mobilization

including bond and insurance

coverage

$304,893 8.0%

Within ten days of

Effective Contract

Date, subject to

financing closing

Monthly Construction Progress

Payments

$3,505,476

92.0%

Based on Approved

Schedule of Values

and Monthly

Construction

Progress Reports

PROJECT TOTAL:

$3,810,369

100%

EXHIBIT B – Payment Schedules is modified as follows:

Table B.2.3 is added as follows to the Agreement and is applicable solely to the Work performed under this

Amendment 7.

Table B.2.3 – 99 Troy Building Performance Assurance Program Payment

Schedule

Annual Period

Annual Payments ($)

Notes

Annual Period 1

$12,500

Annual Period 2

$12,875

Annual Period 3

$13,261

Annual Period 4

$13,659

Annual Period 5

$14,069

Annual Period 6

$14,491

Annual Period 7

$14,926

Annual Period 8

$15,373

Annual Period 9

$15,835

Annual Period 10

$16,310

Annual Period 11

$16,799

Annual Period 12

$17,303

Annual Period 13

$17,822

Annual Period 14

$18,357

Annual Period 15

$18,907

Annual Period 16

$19,475

Annual Period 17

$20,059

Annual Period 18

$20,661

Annual Period 19

$21,280

Annual Period 20

$21,919

SII, Smart Infrastructure Page 10 of 25

Amendment

Table B.3.1 is added as follows to the Agreement and is applicable solely to the Work performed under this

Amendment 7.

Table B.3.1 – 99 Troy Building Maintenance Support Payment Schedule

Annual Period

Annual Payments ($)

Notes

Annual Period 1

$75,000

Annual Period 2

$77,250

Annual Period 3

$79,568

Annual Period 4

$81,955

Annual Period 5

$84,413

Annual Period 6

$86,946

Annual Period 7

$89,554

Annual Period 8

$92,241

Annual Period 9

$95,008

Annual Period 10

$97,858

Annual Period 11

$100,794

Annual Period 12

$103,818

Annual Period 13

$106,932

Annual Period 14

$110,140

Annual Period 15

$113,444

Annual Period 16

$116,848

Annual Period 17

$120,353

Annual Period 18

$123,964

Annual Period 19

$127,682

Annual Period 20

$131,513

SII, Smart Infrastructure Page 11 of 25

Amendment

EXHIBIT C – Performance Assurance is modified as follows:

Table 1.1.4 is added as follows to the Agreement and is applicable solely to the Work performed under this

Amendment 7.

Table 1.1.4 - 99 Troy Building Total Guaranteed Savings (Dollars)

This Amendment 7 uses current utility rates as defined in Article 6 of this Amendment 7, savings for this Phase

only will be defined using these rates.

Table 1.2.5 is added as follows to the Agreement and is applicable solely to the Work performed

under this Amendment 7

Table 1.2.5 - 99 Troy Building Total Guaranteed Savings (Units)

Performance

Period

Energy/Utility Savings

Operational

Savings

Total

Savings

Annual Period 1 $69,524 $151,291 $220,815

Annual Period 2 $71,610 $155,830 $227,440

Annual Period 3 $73,758 $160,505 $234,263

Annual Period 4 $75,971 $165,320 $241,291

Annual Period 5 $78,250 $170,280 $248,530

Annual Period 6 $80,597 $175,388 $255,986

Annual Period 7 $83,015 $180,650 $263,665

Annual Period 8 $85,506 $186,069 $271,575

Annual Period 9 $88,071 $191,651 $279,722

Annual Period 10 $90,713 $197,401 $288,114

Annual Period 11 $93,434 $203,323 $296,757

Annual Period 12 $96,237 $209,423 $305,660

Annual Period 13 $99,125 $215,705 $314,830

Annual Period 14 $102,098 $222,177 $324,275

Annual Period 15 $105,161 $228,842 $334,003

Annual Period 16 $108,316 $235,707 $344,023

Annual Period 17 $111,566 $242,778 $354,344

Annual Period 18 $114,913 $250,062 $364,974

Annual Period 19 $118,360 $257,564 $375,923

Annual Period 20 $121,911 $265,290 $387,201

TOTALS $1,868,136 $4,065,258 $5,933,393

Performance

Period

Electric Energy Saved (kWh)

Natural Gas

Saved (ccf)

Annual Period 1

417,303

8,528

SII, Smart Infrastructure Page 12 of 25

Amendment

Table 2.1.5 is added as follows to the Agreement and is applicable solely to the Work performed

under this Amendment 7

Table 2.1.5 - 99 Troy Building Energy Savings - Details by Guarantee Type

Facility Improvement

Measure

Energy / Utility Savings ($)

Operational

Savings

Total

Guarantee Type Options

Total

Retrofit

Isolation: Key

Parameter

Measurement

Retrofit

Isolation: All

Parameter

Measurement

Whole

Building

Computer

Simulation

Stipulated

Savings

Energy /

Utility

Savings

Lighting LED Retrofit and

Enlighted Lighting Controls

$6,428

Replace Low Temperature

Non-Condensing Boiler with

Condensing Boilers

$1,561

$15,61

Replace Forced Draft Cooler

with New Closed Circuit Cooler

& VFD

$1,687

Replace Water Source Heat

Pumps with New Units

$42,642

Make-Up-Air Unit

Replacement with new Unit

and Heat Recovery

$3,851

Smart Pumps on Heat Pump

Loop Water System

$5,303

DDC- Temperature Setback

$4,823

DDC- Demand Control

Ventilation on Make-Up-Air

Unit

$2,650

Installation of Needlepoint

Bipolar Ionization with Ion

Sensors

$579

Operations and Maintenance

$151,291

Total

$63,642

$5,303

$579

$69,524

$151,291

$220,815

Table 2.2.5 is added as follows to the Agreement and is applicable solely to the Work

performed under this Amendment 7.

Table 2.2.5 – 99 Troy Building Source of Operational Savings

Method of

Determination

Description

First Annual

Period

Savings $

# of Annual

Periods Savings

Are Applied

Annual Period

Savings Begin

in Year

Calculated

HVAC O&M $30,618 20 1

Calculated

JNC Contract & Costs

$73,186 20 1

Calculated

Boilers and LED O&M

$7,487 20 1

Calculated

Transportation $40,000 20 1

SII, Smart Infrastructure Page 13 of 25

Amendment

EXHIBIT C – Article 3 the following is inserted after item 3.8:

3.9 The CLIENT will provide remote access to each energy management system (EMS) workstation or server

impacted by the Work via the internet using SIEMENS Common Remote Service Platform (cRSP)® software

package, as SIEMENS reasonably requests. All charges related to internet/data line installation, activation and

communication services are the responsibility of the CLIENT.

3.10 In order to ensure continuous flow of trend interval data for monitoring and Measurement and Verification,

the CLIENT will allow SIEMENS to install Middleware Services for Integrated Buildings (MSIB)®, Software Proxy

(SWP)® and/or Datamate Advanced (DMA)®, as needed, on the EMS workstation or virtual server connected to

the EMS network.

3.11 After Substantial Completion of DDC FIM Work, the CLIENT will be responsible for the maintenance, repair

and replacement of all equipment, devices, and network infrastructure needed for the continuous trending of interval

data associated with system points required for the Measurement and Verification Plan identified in Article 4 of this

Exhibit C, unless otherwise specified in this Exhibit or in Exhibit A, Article 4 (Maintenance Services Program). Where

it is not possible or reasonable to resolve trend interval data loss, SIEMENS will perform the Measurement and

Verification according to Article 4.1 of this Exhibit C.

EXHIBIT C – Article 4.1 the following is inserted after item 4.1.1:

4.1.2 If weather, energy use, or trend interval data cannot be obtained due to unforeseen circumstances

beyond the control of SIEMENS or the CLIENT, the missing data will be estimated based on trend interval data

from the current Annual Period, when practical, or previous corresponding Annual Period(s). When missing

data cannot be reasonably estimated using historical data, savings calculations will be based on the original

engineering data and parameters. All missing data methods will be discussed and mutually-agreed to by the

CLIENT and SIEMENS.

EXHIBIT C – Article 4.2 Option A - Retrofit Isolation: Key Parameter Measurement is modified as follows

for this Amendment 7:

4.2.1 Lighting LED Retrofit and Enlighted Lighting Controls

Location(s): 99 Troy Rd

Overview:

SIEMENS will retrofit the existing fixtures, lamps, and/or ballasts with more energy-efficient fixtures, lamps, and/or

ballasts. SIEMENS will also install occupancy sensor controls in selected locations as per Appendix 1. Verification

of electric energy Savings (kWh) achieved by the lighting retrofit shall be based upon a one-time measurement of

the lighting power capacity under existing conditions, a one-time measurement of the lighting power capacity upon

completion of the lighting retrofit project and agreed-upon annual operating hours. Spot wattage measurements of

a random sample of baseline and post-installation fixture types or fixture circuits will be used to establish demand.

Sample size for wattage measurements will be determined based on FEMP guidelines for sample size

determination, with overall population sample size not to exceed 10% of the retrofit population.

Pre-Retrofit Measurement\Calculations:

kWhpre = (kWpre * Quantitypre * AOHrspre )fixture type ”n”, summed across all fixture types

Where:

kWhpre = Pre-retrofit annual electric consumption (kWh/yr)

kWpre = Instantaneous kW based on random sample of existing lighting-fixture types

Quantitypre = Count of each fixture-type based on pre-retrofit line by line survey

AOHrspre = Pre-Retrofit Annual Operating Hours, stipulated per Appendix 1

Post-Retrofit Measurement\Calculations:

kWhpost = (kWpost * Quantitypost * AOHrspost)fixture type ”n”, summed across all fixture types

SII, Smart Infrastructure Page 14 of 25

Amendment

Where:

kWhpost = Post-retrofit annual electric consumption (kWh/yr)

kWpost = Instantaneous kW based on random sample of the installed/retrofitted lighting-fixture types

Quantitypost = Count of each fixture-type based on as-built and post retrofit line by line survey

AOHrspost = Post-Retrofit Annual Operating Hours, stipulated per Appendix 1

Savings Calculations:

Electric Savings (kWh/yr):

kWhS = kWhpre - kWhpost

Cost Savings ($/yr):

$S = ((kWhS * $/kWh)

Where:

$/kWh = blended unit price for electricity as per Article 6 of this Exhibit C

$S = Total annual cost savings

4.2.2 Replace Low Temperature Non-Condensing Boiler with Condensing Boilers

Location(s): 99 Troy Rd

Overview:

Energy savings expected from an efficiency increase by upgrading existing boilers to condensing hot water

boilers. These savings will be verified by a post-retrofit combustion efficiency test taken one-time of the boiler at

low, medium, and high firing rates during the heating season.

Pre-retrofit measurements\Calculations:

Fuelpre = (CAP * AOH * PLF)/( ηpre-c * ηpre-d) / HHV

Where:

Fuelpre = Pre-retrofit Natural Gas consumption in therms/yr

CAP = Boiler Plant Capacity = 1,400 MBH

AOH = Annual Operating Hours = 1,200

PLF = Boiler Part Load Factor = 37%

ηpre-c= Pre-retrofit boiler combustion efficiency = 0.78

ηpre-d= Pre-retrofit boiler distribution efficiency = 0.90

HHV = High heating value of Natural Gas = 100 MBtu/therm

Post-retrofit measurements\Calculations:

Fuelpost = (CAP * AOH * PLF)/(ηpost-c * ηpost-d) / HHV

Where:

Fuelpre = Post-retrofit Natural Gas consumption in therms/yr

ηpost-c = Average combustion efficiency, measured one-time post-retrofit

ηpost-d = Post-retrofit distribution efficiency = 0.93

Savings Calculations:

Energy Savings (therms/yr):

Fuels = Fuelpre - Fuelpost

Cost Savings ($/yr):

$s = Fuels * $/(therm), x

Where:

Fuels = annual fuel (therms/yr) savings

$/therm = unit price for Natural Gas as per Article 6 of this Exhibit C

SII, Smart Infrastructure Page 15 of 25

Amendment

4.2.3 Replace Forced Draft Cooler with New Closed Circuit Cooler & VFD

Location(s): 99 Troy Rd

Overview:

The existing close-circuit evaporative cooler that serves the water-sourced heat pumps is replaced by an induced

draft crossflow tower with variable frequency drives (VFD) on the fans. Verification of the energy savings

associated with the installation the new cooling tower will be achieved through continuous trending of the post-

retrofit VFD frequency (Hz) annually to verify expected operation. Annual post-retrofit electric consumption for the

cooling tower will be compared to the pre-retrofit electric consumption, with the difference being the measured

and verified savings.

Pre-retrofit measurements\Calculations:

kWhpre,x = Hrsocc,x * Fanpre,x * kWpre

kWpre = HPpre * 0.746 kW/HP * L / η

Where:

kWhpre,x = Pre-retrofit kWh calculated for bin ‘x’

kWpre = Calculated pre-retrofit motor power draw

HPpre = Pre-retrofit motor HP = 30

L = Motor loading = 0.75

η = Motor efficiency = 0.85

Hrsocc,x = Hours of operation for bin ‘x’ per Table 4.2.3.1

Fanpre,x = Pre-retrofit fan loading for bin ‘x’ per Table 4.2.3.1

Table 4.2.3.1 - Baseline Bin Hours and Fan Loading

Dry Bulb Bin (F)

Occupied Hours

Fan Loading

97.5

2.5

100%

92.5

12.1

100%

87.5

43.9

100%

82.5

90.7

84%

77.5

148.2

73%

72.5

212.1

62%

67.5

265.0

54%

62.5

260.0

48%

57.5

251.4

40%

52.5

235.7

40%

Post-retrofit measurements\Calculations:

kWhpre,x = Hrsocc,x * Fanpost,x * kWpost

Fanpost,x = VFDspd,x^α

VFDspd,x = VFDhz * (5/3)

kWpost = HPpost * 0.746 kW/HP * L / η

Where:

kWhpost,x = Post-retrofit kWh calculated for bin ‘x’

Hrsocc,x = Hours of operation for bin ‘x’ per Table 4.2.3.1

Fanpost,x = Post-retrofit fan loading calculated for bin ‘x’

VFDhz,x = VFD frequency trended continuously and averaged for bin ‘x’

VFDspd,x = VFD speed converted from VFD frequency for bin ‘x’

α = Variable Frequency Drive Power Exponent = 2.7

kWpost = Calculated post-retrofit motor power draw

HPpost = Post-retrofit motor HP = 15

Savings Calculations:

Energy Savings (kWh/yr):

kWhs = ∑kWhpre,x - kWhpost,x

Cost Savings ($/yr):

SII, Smart Infrastructure Page 16 of 25

Amendment

$s = kWhs * $/kWh

Where:

kWhs = annual fuel (kWh/yr) savings summed for all bins ‘x’

$/kWh = blended unit price for Electric Energy as per Article 6 of this Exhibit C

4.2.4 Replace Water Source Heat Pumps with New Units

Location(s): 99 Troy Rd

Overview:

The facility is cooled and heated by 54 water source heat pumps (WSHP). The existing units will be replaced with

units with higher efficiency. Verification of the energy savings associated with the installation the new WSHP will

be achieved through confirmation of the manufacturer’s published coefficient of performance (COP) of the pre-

retrofit and post-retrofit units.

Pre-retrofit measurements\Calculations:

kWhpre,cooling,x = CAPc,x * Qtyx * COPpre,cooling,x / α * Hrscooling

kWhpre,heating,x = CAPh,x * Qtyx * COPpre,heating,x / α * Hrsheating

Where:

kWhpre,cooling,x = Pre-retrofit cooling kWh calculated for WSHP type ‘x’

kWhpre,heating,x = Pre-retrofit heating kWh calculated for WSHP type ‘x’

CAPc,x = Cooling capacity for WSHP type ‘x’ per Table 4.2.4.1

CAPh,x = Heating capacity for WSHP type ‘x’ per Table 4.2.4.1

Qtyx = Quantity of units for WSHP type ‘x’ per Table 4.2.4.1

COPpre,cooling,x = Pre-retrofit cooling COP for WSHP type ‘x’ per Table 4.2.4.1

COPpre,heating,x = Pre-retrofit heating COP for WSHP type ‘x’ per Table 4.2.4.1

α = MBH to kW conversion = 3.413

Hrscooling = Cooling Hours = 1,518

Hrsheating = Heating Hours = 3,613

Table 4.2.4.1 – Baseline and Contracted WSHP Parameters

WSHP

Unit Type Quantity

Cooling

Capacity

(MBH)

Heating

Capacity

(MBH)

Pre-

Retrofit

Cooling

COP

Pre-

Retrofit

Heating

COP

Post-

Retrofit

Cooling

COP

Post-

Retrofit

Heating

COP

1.5 Ton

18.2

23.8

3.0

3.5

4.6

5.7

2 Ton

23.4

30.4

3.2

3.5

5.0

6.0

2.5 Ton

24.5

25.5

3.2

3.5

5.1

5.8

3 Ton

36.0

37.5

3.2

3.5

5.6

6.0

Post-retrofit measurements\Calculations:

kWhpost,cooling,x = CAPc,x * Qtyx * COPpost,cooling,x / α * Hrscooling

kWhpost,heating,x = CAPh,x * Qtyx * COPpost,heating,x / α * Hrsheating

Where:

kWhpost,cooling,x = Post-retrofit cooling kWh calculated for WSHP type ‘x’

kWhpost,heating,x = Post-retrofit heating kWh calculated for WSHP type ‘x’

COPpost,cooling,x = Post-retrofit Cooling COP for WSHP type ‘x’ per Table 4.2.4.1 and verified using manufacturer’s

specifications

COPpost,heating,x = Post-retrofit Heating COP for WSHP type ‘x’ per Table 4.2.4.1 and verified using manufacturer’s

specifications

Savings Calculations:

Energy Savings (kWh/yr):

kWhs = ∑(kWhpre,cooling,x - kWhpost,cooling,x) + ∑(kWhpre,heating,x - kWhpost,heating,x)

Cost Savings ($/yr):

$s = kWhs * $/kWh

SII, Smart Infrastructure Page 17 of 25

Amendment

Where:

kWhs = annual fuel (kWh/yr) savings summed for all bins ‘x’

$/kWh = blended unit price for Electric Energy as per Article 6 of this Exhibit C

4.2.5 Make-Up-Air Unit Replacement with new Unit and Heat Recovery

Location(s): 99 Troy Rd

Overview:

The facility is provided with fresh air by a make-up air unit (MAU). The existing unit will be replaced with a MAU

that will have an enthalpy wheel type heat recovery system. Verification of the energy savings associated with the

installation of the new MAU will be achieved through the continuous trending of the outdoor air dry bulb

temperature (F) and the dry-bulb exhaust air temperature (F).

Pre-retrofit measurements\Calculations:

kWhpre,x = 1.08 * EAF * (OATpre,x – EATpre) / 12,000 btu/ton * Hrsx * ηcooling

Thermpre,x = 1.08 * EAF * (OATpre,x – EATpre) / 100,000 btu/therm * Hrsx * ηheating

Where:

kWhpre,x = Pre-retrofit kWh calculated for bin ‘x’ that are in cooling mode per Table 4.2.5.1

Thermpre,x = Pre-retrofit therms calculated for bin ‘x’ that are in heating mode per Table 4.2.5.1

EAF = Exhaust air flow = 9000 CFM

OATpre,x = Pre-retrofit dry-bulb outdoor air temperature for bin ‘x’ per Table 4.2.5.1

EATpre = Pre-retrofit dry-bulb exhaust air temperature = 70 F

Hrsx = Hours of operation per week for bin ‘x’ per Table 4.2.5.1

ηcooling = Cooling System Efficiency = 1.2 kW/ton

ηheating = Heating System Efficiency = 0.87

Table 4.2.5.1 – Baseline MAU Parameters

Dry Bulb OAT Bin

(F)

Hours per Week Mode

Wheel Fan Energy

(kWh/yr)

102.5

Cooling

97.5

Cooling

0.110

92.5

Cooling

0.534

87.5

Cooling

1.933

82.5

Cooling

3.993

77.5

Cooling

6.523

72.5

141

Cooling

9.337

67.5

177

Eco

11.664

62.5

173

Eco

11.444

57.5

168

Eco

11.066

52.5

157

Heating

10.375

47.5

150

Heating

9.903

42.5

151

Heating

9.997

37.5

179

Heating

11.836

32.5

185

Heating

12.214

27.5

134

Heating

8.850

22.5

Heating

6.366

17.5

Heating

4.480

12.5

Heating

3.018

7.5

Heating

1.965

2.5

Heating

1.179

-2.5

Heating

0.613

-7.5

Heating

0.220

-12.5

Heating

0.079

-17.5

Heating

0.047

Post-retrofit measurements\Calculations:

kWhpost,x = kWhpre,x * HEXeff,x

Thermpost,x = Thermpre,x * HEXeff

SII, Smart Infrastructure Page 18 of 25

Amendment

HEXeff,x = (OATpost,x – EATpost,x) / (OATpre,x – EATpre )

Where:

kWhpost,x = Post-retrofit kWh calculated for bin ‘x’ that are in cooling mode per Table 4.2.5.1

Thermpost,x = Post-retrofit therms calculated for bin ‘x’ that are in heating mode per Table 4.2.5.1

HEXeff = Heat Exchanger Effectiveness for bin’x’

OATpost,x = Post-retrofit dry-bulb outdoor air temperature trended continuously and averaged for bin ‘x’

EATpost,x = Post-retrofit dry-bulb exhaust air temperature trended continuously and averaged for bin ‘x’

Savings Calculations:

Energy Savings:

kWhs = ∑(kWhpre,x – kWhpost,x) - kWhfan,x

Therms = ∑(Thermpre,x – Thermpost,x)

Cost Savings ($/yr):

$s = (kWhs * $/kWh) + (Therms * $/Therm)

Where:

kWhs = annual electric energy (kWh/yr) savings summed for all bins ‘x’ less kWhfan

kWhfan = wheel fan energy consumption for bin ‘x’ per Table 4.2.5.1

Therms = annual fuel (therms/yr) savings summed for all bin ‘x’

$/kWh = blended unit price for Electric Energy as per Article 6 of this Exhibit C

$/Therm = unit price for Natural Gas as per Article 6 of this Exhibit C

4.2.6 DDC - Temperature Setback

Location(s): 99 Troy Rd.

Overview:

SIEMENS will use the newly installed Building Management System and Desigo front end to optimize the heating

and cooling unoccupied set point at 99 Troy Rd. Energy savings are achieved by reducing the space heating

temperature set point or increasing the space cooling set point during unoccupied periods. Prior to the retrofit the

space temperature set point of the rooms during heating was 70°F during both occupied and unoccupied periods.

During cooling the rooms set point was 72°F during both occupied and unoccupied periods. The heating and

cooling set points will be verified through 15-minute continuous trending of room temperature set points and

equipment run time annually.

Post-retrofit, if contracted baseline schedules for this equipment, as established in Article 7 of this Exhibit C, are

modified by the CLIENT and result in a loss of energy savings, the Guaranteed Savings for this FIM will be deemed

achieved.

Pre-Retrofit Measurement\Calculations:

DAY HT SPpre = Occupied heating set point pre-retrofit = 70°F

NGT HT SPpre = Unoccupied heating set point pre-retrofit = 70°F

DAY CL SPpre = Occupied cooling set point pre-retrofit = 72°F

NGT CL SPpre = Unoccupied cooling set point pre-retrofit = 72°F

OHours = occupied hours, as defined in Table 4.2.6.1

UHours = unoccupied hours, as defined in Table 4.2.6.1

HCpre = pre-retrofit heating conduction (MBH), as defined in Table 4.2.6.1

HIpre = pre-retrofit heating infiltration (MBH), as defined in Table 4.2.6.1

CCpre = pre-retrofit cooling conduction (MBH), as defined in Table 4.2.6.1

CIpre = pre-retrofit cooling infiltration (MBH), as defined in Table 4.2.6.1

WSHPpre = pre-retrofit water source heat pump heating electric energy use, as defined in Table 4.2.6.1

Table 4.2.6.1 – Bin Analysis for Pre-retrofit Measurements and Data

OAT

(°F)

OHourspre

(Hrs/yr)

UHourspre

(Hrs/yr) HCpre (MBH) HIpre (MBH) CCpre (MBH) CIpre

(MBH)

WSHP

Heating

SII, Smart Infrastructure Page 19 of 25

Amendment

Energy Use

(kWh)

97.5

5 3 0 0 1,187 795 0

92.5

4,634

3,103

87.5

79 44 0 0 12,674 8,487 0

82.5

163

17,730

11,872

77.5

267 148 0 0 15,174 10,160 0

72.5

382

212

1,974

1,322

67.5

477 265 12,332 8,257 0 0 1,469

62.5

468

260

36,298

24,305

4,323

57.5

453 251 58,502 39,173 0 0 6,967

52.5

424

236

76,784

51,414

9,145

47.5

405 225 94,235 63,099 0 0 11,223

42.5

409

227

116,273

77,856

13,848

37.5

484 269 162,692 108,938 0 0 19,376

32.5

500

278

193,705

129,704

23,070

27.5

362 201 159,069 106,512 0 0 18,945

22.5

260

145

127,890

85,635

15,231

17.5

183 102 99,470 66,605 0 0 11,847

12.5

123

73,393

49,144

8,741

7.5

80 45 51,937 34,777 0 0 6,186

2.5

33,655

22,535

4,008

-2.5

25 14 18,797 12,586 0 0 2,239

-7.5

7,213

4,830

859

-12.5 3 2 2,742 1,836 0 0 327

Total

5631

3129

1,322,246

885,368

52,186

34,944

156,008

Post-Retrofit Measurement\Calculations:

NGT HT SPpost = Unoccupied heating set point post-retrofit, trended continuously

DAY HT SPpost = Occupied heating set point post-retrofit, trended continuously

NGT CL SPpost = Unoccupied cooling set point post-retrofit, trended continuously

DAY CL SPpost = occupied cooling set point post-retrofit, trended continuously

Calculated and Summed for all outdoor air temperature bins in Table 4.2.6.1:

HCpost = U Factor × Area × [((NGT HT SPpost – OAT) × UHours) + ((DAY HT SPpost – OAT) × OHours))]/ α

HIpost = ξ × AIR × Area × [((NGT HT SPpost – OAT) × UHours) + ((DAY HT SPpost – OAT) × OHours)] / α

Where:

HCpost = post-retrofit heating conduction (MBtu/yr)

HIpost = post-retrofit heating infiltration (MBtu/yr)

Calculated and Summed for all outdoor air temperature bins in Table 4.2.6.1:

CCpost = U factor * Area * [(OAT – DAY CL SPpost) * OHours) + (OAT – NGT CL SPpost) * UHours] / α

CIpost = ξ * AIR * Area * [(OAT – NGT CL SPpost) * UHours) + ((OAT – DAY CL SPpost) * OHours] / α

Where:

CCpost = post-retrofit cooling conduction (MBtu/yr)

CIpost = post-retrofit cooling infiltration (MBtu/yr)

Calculated and Summed for all outdoor air temperature bins in Table 4.2.6.1:

WSHPpost = (HCpost + HIpost ) * λ * COP * 3.412

SII, Smart Infrastructure Page 20 of 25

Amendment

Where:

WSHPpost = post-retrofit WSHP heating electric energy use

Contracted Parameters:

OAT = outdoor air temperature, as defined in Table 4.2.6.1

Overall U Factor = Overall U Factor = 0.161 Btu/(h*ft2*°F) (calculated in energy audit)

η = Avg. Boiler Efficiency = 84%

Area = Total Envelope Area = (Wall Area + Window Area + Roof Area) = 41,217ft2.

AIR = Air Infiltration and Leakage (Reference ASHRAE/ANSI air leakage values) = 0.1 cfm/ft2

ρ = conversion factor = 100 Mbh/therm

ξ = conversion factor = 1.08 BTU/hr-°F-CFM

α = conversion factor = 1,000 BTU/MBTU

β = conversion factor = 12 MBtu/Ton

λ = Share of heat provided by WSHP = 80%

COP = 3.29

Cooling Efficiency = 1.07 kW/Ton

Savings Calculations:

Energy Savings (kWh/yr):

kWhS = (((CCpre + CIpre) – (CCpost + CIpost)) * Cooling Efficiency / β) + (WSHPpre - WSHPpost)

Where:

kWhS = Total annual electric savings (kWh/yr)

Natural Gas Savings (therm/yr):

FuelS = [(HCpre + HIpre) – (HCpost + HIpost)]/(η × ρ)

Where:

FuelS = Total annual Natural Gas savings (therm/yr)

Cost Savings($/yr):

$S = (kWhS * $/kWh) + (FuelS * $/Therm)

$S = Total annual cost savings

$/kWh = blended unit price for electricity at each location as per Article 6 of this Exhibit C

$/therm = blended unit price for Natural Gas at each location as per Article 6 of this Exhibit C

4.2.7 DDC - Demand Control Ventilation on Make-Up-Air Unit

Location(s): 99 Troy Rd.

Description

Thermal (therms) and electrical (kWh) energy savings are achieved by the implementation of demand control

ventilation (DCV) on the HVAC units listed in Table 4.2.7.1. DCV reduces the air heating and cooling requirements

by reducing the supply fan speed to more closely match outdoor air ventilation requirements based on space CO2

levels. Energy savings will be verified by estimating ventilation air used by continuously trending the post-retrofit

supply fan speeds and comparing it to the pre-retrofit supply fan speeds.

If the Contracted Baseline operation for this equipment, as established in Article 7 of this Exhibit C, is modified by

the CLIENT and results in a loss of energy savings, the Guaranteed Savings for this FIM will be deemed achieved

as if the Contracted Baseline was followed.

Pre-Retrofit Measurements/Calculations:

OA%pre = Pre-retrofit minimum ventilation percent airflow of HVAC equipment, as per Table 4.2.7.1

CFMTOT = Total design airflow of all HVAC equipment, as per Table 4.2.7.1 = 9000 CFM

Fuelpre,heating = Pre-retrofit ventilation heating requirement = 6,976 Therms/yr

kWhpre,cooling = Pre-retrofit ventilation cooling requirement = 46,312 kWh/yr

MATpre,n = (OA%pre * (-RATn + OATn)) + RATn

SII, Smart Infrastructure Page 21 of 25

Amendment

MAHpre,n =(OA%pre * (-RAH + W∆Tn)) + RAH

Where:

MATpre,n = Pre-retrofit mixed air temperature at each OAT ‘n’ (°F), as per Table 4.2.7.2

OATn = Outdoor air temperature n (°F), as per Table 4.2.7.2

RATn = Return air temperature at each OAT n (°F), as per Table 4.2.7.2

MAHpre,n = Pre-retrofit mixed air enthalpy at each OAT ‘n’ (°F), as per Table 4.2.7.2

W∆Tn = Outside Air Temp (OAT) + Wheel dT n (°F), as per Table 4.2.7.2

RAH = Return air enthalpy = 27 btu/# air

Table 4.2.7.1 – Pre-Retrofit Design Air Flow

Unit

Serves

OA%Pre

Design Air Flow (CFM)

MAU-1

Building

100

9000

Total (CFMTOT)

9000

Table 4.2.7.2 – Bin Calculation Parameters

Outside

Air Temp

+ Wheel

dT (W∆Tn)

Return

Air Temp

(RAT)

Supply

Air Temp

(SAT)

Outside

Air Temp

(OAT)

Annual

Operating

Hours

(AOH)

Pre-

Retrofit

Mixed Air

Temp

(MAT pre)

Pre-

Retrofit

Mixed Air

Enthalpy

(MAHpre)

Pre-Retrofit

Fuel Use

(Fuelpre,heating)

Pre-Retrofit

Energy Use

(kWhpre,cooling)

82.5

92.5

82.50

92.5

2279

78.5

87.5

78.50

87.5

7650

73.5

82.5

73.50

82.5

14573

70.5

77.5

70.50

77.5

21810

66.5

72.5

141

66.50

0.0

67.5

177

67.50

0.0

62.5

173

62.50

0.0

60.5

57.5

168

60.50

0.0

57.5

52.5

157

57.50

0.0

52.5

47.5

150

52.50

0.0

728

47.5

42.5

151

47.50

0.0

833

42.5

37.5

179

42.50

0.0

1102

37.5

32.5

185

37.50

0.0

1257

37.5

27.5

134

37.50

0.0

911

32.5

22.5

32.50

0.0

718

32.5

17.5

32.50

0.0

505

27.5

12.5

27.50

0.0

370

27.5

7.5

27.50

0.0

241

22.5

2.5

22.50

0.0

156

27.5 70 90

-2.5

9 27.50 0.0 75 0

22.5

-7.5

22.50

0.0

Total

6,976

46,312

Post-Retrofit Measurements/Calculations:

VFDhz = Average post-retrofit supply air fan VFD frequency (hz) during non-economizer periods, trended

continuously via EMS

OA%post = Average post-retrofit supply air fan speed = VFDhz * (5/3)

MATpost,n = (OA%post * (-RATn + OATn)) + RATn

MAHpost,n = (OA%post * (-RAH + W∆Tn)) + RAH

Fuelpost,heating = Σ {α * (SATn – MATpost,n) * CFMTOT * AOHn / HHV / ηheating} OAT “n” ≤ 57.5°F

kWhpost,cooling = Σ {β * (MAHpost,n – SAH) * CFMTOT * AOHn / µ * ηcooling}

Where:

SII, Smart Infrastructure Page 22 of 25

Amendment

Fuelpost,heating = Post-retrofit ventilation heating requirement (therms/yr)

kWhpost,cooling = Post-retrofit ventilation cooling requirement (kwh/yr)

MATpost,n = Post-retrofit mixed air temperature at each OAT ‘n’ (°F), as per Table 4.2.7.2

MAHpost,n = Post-retrofit mixed air enthalpy at each OAT ‘n’ (°F), as per Table 4.2.7.2

AOHn = Annual operating hours for heating season at each OAT ‘n’ (hrs), as per Table 4.2.7.2

SATn = Supply air temperature at each OAT ‘n’ (°F), as per Table 4.2.7.2

SAH = Supply air enthalpy = 23 btu/# air

α = Conversion factor = 1.08 (BTUH * Min / ft3 * °F)

HHV = High heating value of Natural Gas= 99.325 MBtu/therm

ηheating = Heating system efficiency = 75.6%

β = Conversion factor = 4.5 (BTUH * Min / ft3 * °F)

µ = Conversion factor = 12 mbh/ton

ηcooling = Cooling system efficiency = 1.2 kW/ton

Savings Calculations:

Natural Gas Savings (therms/yr):

FuelS,h = Fuelpre,heating - Fuelpost,heating

Electricity Savings (kWh/yr):

kWhS,c = kWhpre,cooling - kWhpost,cooling

Cost Savings ($/yr):

$S = FuelS,h * $/therm, x + kWhS,c * $/kWh, x

Where:

FuelS,h = annual fuel (therm/yr) savings

$/therm = unit price for natural gas per Article 6 of this Exhibit C

kWhS,c = annual electric energy (kWh/yr) savings

$/kWh = unit price for electricity per Article 6 of this Exhibit C

4.3 Option B - Retrofit Isolation: All Parameter Measurement

4.3.1 Smart Pumps on Heat Pump Loop Water System

Location(s): 99 Troy Rd

Overview:

The heat pump water loop is served by three constant speed pumps. These existing pumps will be replaced by

Smart Pumps with VFDs which will better match pumping output to system requirements. Verification of the

energy savings associated with the installation of the new pumps will be achieved through the continuous trending

of the electric consumption (kWh).

Pre-retrofit measurements\Calculations:

kWhpre,x = Hrsocc,x * kWtotal

Where:

kWhpre,x = Pre-retrofit kWh calculated for bin ‘x’

Hrsocc = Hours of operation for bin ‘x’ per Table 4.3.1.1

kWtotal = Sum of all pump kW per Table 4.3.1.2

SII, Smart Infrastructure Page 23 of 25

Amendment

Table 4.3.1.1 – Temperature Bin and Operating Hours

Dry Bulb OAT Bin

(F)

Hours of Operation

55 to 60

251

50 to 55

236

45 to 50

225

40 to 45

227

35 to 40

269

30 to 35

278

25 to 30

201

20 to 25

145

15 to 20

102

10 to 15

5 to 10

0 to 5

-5 to 0

-10 to -6

Table 4.3.1.2 – Smart Pump Equipment List

Unit

Motor HP

Load Factor

Efficiency

Pump 1

15.00

0.5

0.89

6.29

Pump 2

15.00

0.5

0.89

11.19

Pump 3

7.50

0.5

0.89

5.60

Post-retrofit measurements\Calculations:

kWhpost = Post-retrofit kWh trended continuously

Savings Calculations:

Energy Savings:

kWhs = ∑kWhpre,x – kWhpost

Cost Savings ($/yr):

$s = kWhs * $/kWh

Where:

kWhs = annual electric energy (kWh/yr) savings summed for all bins ‘x’

$/kWh = unit price for Electric Energy as per Article 6 of this Exhibit C

4.4 Option E - Stipulated-Energy/Utility Savings

4.4.1 Installation of Needlepoint Bipolar Ionization with Ion Sensors

Location(s): 99 Troy Rd

Overview:

Needlepoint Bipolar Ionization (NPBI) is an indoor air purification technology that cleans indoor air and provides an

additional layer of protection pathogens. Once it is installed in a HVAC system, it floods the air with a high volume

of ions that reduce particulates and airborne and surface contaminants such as pathogens, viruses and bacteria,

mold, and odors.

Savings Calculations:

Natural Gas Savings (therms/yr):

Therms = 434 therms/yr

Where:

Therms = Total annual Natural Gas savings (therms/yr)

SII, Smart Infrastructure Page 24 of 25

Amendment

Cost Savings ($/yr):

$s = Therms * $/therm

$s = Total annual cost savings

$/therm = blended unit price for Natural Gas per Article 6 of this Exhibit C

EXHIBIT C – Article 5: Baseline Parameters is modified as follows:

Rensselaer County 99 Troy Road Building

The following is inserted after Table 5.1.

The total existing annual baseline energy usage is 1,104,317 kWh and 6,339 therms. The baseline

has been adjusted to account for proper MUA Unit operation (this unit is currently not operational), this

adds 25,795 kWh and 11,445 therms per year to provide proper ventilation. The baseline has also

been adjusted to account for proposed occupancy (the facility is currently only 25% occupied with

terminal units disabled and will be 100% occupied upon completion of the project), this adds 1,456,350

kWh and 3,170 therms per year.

This creates a new total baseline energy usage of 2,586,462 kWh and 20,954 therms.

The following is inserted after Table 5.2.

Table 5.2.1

Pre-Retrofit

Occupancy Hours and Set

Point

Heating Cooling

Hours Occupied Mode

Per/Year

Building

Occupied

Set Point

Unoccupied

Set Point

Occupied

Set Point

Unoccupied

Set Point

AM PM Hours/Year

99 Troy Road

70 70 72 72

12:00

11:59

8,760

EXHIBIT C – Article 6: Utility Rate Structures and Escalation Rates

is modified as follows:

The following Tables 6.1.1.2 and 6.1.2.2 are added to the Agreement and will be used solely to

calculate Savings for the FIMs that are included installed under this Amendment 7.

Table 6.1.1.2

Electricity

Utility Name:

National Grid

Rate Structure:

$0.1449

$ per kWh

Escalation Rate:

% per Annual Period

Table 6.1.2.2

Natural gas

Utility Name:

National Grid

Rate Structure:

$1.1013

$ per Therm

Escalation Rate:

% per Annual Period

SII, Smart Infrastructure Page 25 of 25

Amendment

EXHIBIT C – Article 7: Proposed Parameters is modified as follows:

Rensselaer County 99 Troy Road Building

The following is inserted after Table 7.1.1.1.

Table 7.1.1.2

Pre-Retrofit

Occupancy Hours and Set Point Heating Cooling

Hours Occupied Mode

Per/Year

Building

Occupied

Set Point

Unoccupied

Set Point

Occupied

Set Point

Unoccupied

Set Point

AM PM Hours/Year

99 Troy Road

6:30

10:00

5,631

3. Attached hereto as Amendment 7 – Attachment 1 and made a part hereof is the General Conditions for Licensing

Access to Software as a Web Based Offering document which shall apply solely to the Navigator service which includes

the Advanced Diagnostics services identified in Section 1.2.60 above.

WHEREFORE, this Amendment amends and modifies the Agreement. In all other respects, the terms and conditions

of the Agreement remain in full force and effect. The Parties have caused this Amendment to be signed by their duly

authorized representatives on the date first above written, and this Amendment may be executed in counterparts, each

of which shall be deemed an original and together shall constitute one and the same instrument.

CLIENT:

Rensselaer County

SIEMENS:

Siemens Industry, Inc.

Signature:

Printed

Name:

Printed

Name:

Title:

Rensselaer County Amendment 7 - Appendix 1 Lighting Retrofit Schedule

Area Room Existing System Qty Hours of

Operation Proposed System Qty Hours of

Operation

Controls

Description

1st Floor Vestibule CFL-CF13W-2 2 3120 6R Recessed Can Max 13W CS 2 1872 Enlighted Controls

1st Floor Lobby CFL-CF13W-2 10 3120 6R Recessed Can Max 13W CS 10 1872 Enlighted Controls

1st Floor Lobby CFL-CF13W-2 3 3120 6R Recessed Can Max 13W CS w/ EM 3 1872 Enlighted Controls

1st Floor Men’s Restroom CFL-CF13W-2 2 1560 6R Recessed Can Max 13W CS 2 936 Enlighted Controls

1st Floor Men’s Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

1st Floor Men’s Restroom LIN-LED-L11T8LED-2 1 1560 4ft Strip 23W Color Selectable 1 936 Enlighted Controls

1st Floor Women’s Restroom CFL-CF13W-2 2 1560 6R Recessed Can Max 13W CS 2 936 Enlighted Controls

1st Floor Women’s Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

1st Floor Women’s Restroom LIN-LED-L11T8LED-2 1 1560 4ft Strip 23W Color Selectable 1 936 Enlighted Controls

1st Floor Men’s Locker Room CFL-CF13W-2 1 1560 6R Recessed Can Max 13W CS 1 936 Enlighted Controls

1st Floor Men’s Locker Room LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

1st Floor Womens Locker LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

1st Floor Womens Locker CFL-CF13W-2 1 1560 6R Recessed Can Max 13W CS 1 936 Enlighted Controls

1st Floor Stair 1 LIN-LED-L11T8LED-2 6 3120 4ft Strip 23W Color Selectable 6 1872 Enlighted Controls

1st Floor Stair 1 LIN-LED-L08T8LED-2 1 3120 3ft Linear Fixture 26W 40K 1 1872 Enlighted Controls

1st Floor Health Help lobby CFL-CF32W-1 2 520 8R Recessed Can 18W CS 2 312 Enlighted Controls

1st Floor Health Help lobby LIN-LED-L11T8LED-3 2 520 2x4 Flat Panel 28W CS 2 312 Enlighted Controls

1st Floor Health Help lobby CFL-CF13W-2 1 520 6R Recessed Can Max 13W CS w/ EM 1 312 Enlighted Controls

1st Floor HH open LIN-LED-L11T8LED-3 98 520 2x4 Flat Panel 28W CS 98 312 Enlighted Controls

1st Floor HH open CFL-CF13W-2 9 520 6R Recessed Can Max 13W CS 9 312 Enlighted Controls

1st Floor HH Fishbowl LIN-LED-L11T8LED-3 9 520 2x4 Flat Panel 28W CS 9 312 Enlighted Controls

1st Floor HH IT LIN-LED-L11T8LED-3 3 520 2x4 Flat Panel 28W CS 3 312 Enlighted Controls

1st Floor HH Electric Room LIN-LED-L11T8LED-3 2 520 2x4 Flat Panel 28W CS 2 312 Enlighted Controls

1st Floor HH Office 1 LIN-LED-L11T8LED-3 2 520 2x4 Flat Panel 28W CS 2 312 Enlighted Controls

1st Floor HH Office 2 LIN-LED-L11T8LED-3 3 520 2x4 Flat Panel 28W CS 3 312 Enlighted Controls

1st Floor HH Office 3 LIN-LED-L11T8LED-3 3 520 2x4 Flat Panel 28W CS 3 312 Enlighted Controls

1st Floor HH Office 4 LIN-LED-L11T8LED-3 3 520 2x4 Flat Panel 28W CS 3 312 Enlighted Controls

1st Floor HH Office 5 LIN-LED-L11T8LED-3 4 520 2x4 Flat Panel 28W CS 4 312 Enlighted Controls

1st Floor HH Break Room LIN-LED-L11T8LED-3 4 520 2x4 Flat Panel 28W CS 4 312 Enlighted Controls

1st Floor HH Server Room LIN-LED-L11T8LED-3 2 520 2x4 Flat Panel 28W CS 2 312 Enlighted Controls

1st Floor HH Conference Room LIN-LED-L11T8LED-3 6 520 2x4 Flat Panel 28W CS 6 312 Enlighted Controls

1st Floor HH Office 6 LIN-LED-L11T8LED-3 4 520 2x4 Flat Panel 28W CS 4 312 Enlighted Controls

1st Floor HH Office 7 LIN-LED-L11T8LED-3 4 520 2x4 Flat Panel 28W CS 4 312 Enlighted Controls

1st Floor Dock Vestibule UFL-FU31T8/6-2 1 3120 2x2 Flat Panel 21W CS 1 1872 Enlighted Controls

1st Floor Dock Vestibule CFL-CF13W-2 1 3120 6R Recessed Can Max 13W CS w/ EM 1 1872 Enlighted Controls

2nd Floor Vestibule CFL-CF13W-2 2 3120 6R Recessed Can Max 13W CS 2 1872 Enlighted Controls

2nd Floor Lobby CFL-CF13W-2 14 3120 6R Recessed Can Max 13W CS 14 1872 Enlighted Controls

2nd Floor Lobby CFL-CF13W-2 3 3120 6R Recessed Can Max 13W CS w/ EM 3 1872 Enlighted Controls

2nd Floor Men’s Restroom CFL-CF13W-2 2 1560 6R Recessed Can Max 13W CS 2 936 Enlighted Controls

2nd Floor Men’s Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

2nd Floor Men’s Restroom LIN-LED-L11T8LED-2 1 1560 4ft Strip 23W Color Selectable 1 936 Enlighted Controls

2nd Floor Women’s Restroom LIN-LED-L11T8LED-2 1 1560 4ft Strip 23W Color Selectable 1 936 Enlighted Controls

2nd Floor Women’s Restroom CFL-CF13W-2 2 1560 6R Recessed Can Max 13W CS 2 936 Enlighted Controls

2nd Floor Women’s Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

Area Information Existing Proposed

Rensselaer County Amendment 7 - Appendix 1 Lighting Retrofit Schedule

2nd Floor Mop Closet CFL-CF20W-1 1 1080 A19 8.8W 40K 1 1080 Enlighted Controls

2nd Floor BBL Hall F-F32T8-3 9 3120 2x4 Flat Panel 28W CS 9 1872 Enlighted Controls

2nd Floor Eye Center LIN-LED-L11T8LED-3 16 3120 2x4 Flat Panel 28W CS 16 1872 Enlighted Controls

2nd Floor EC File Room LIN-LED-L11T8LED-3 2 1080 2x4 Flat Panel 28W CS 2 648 Enlighted Controls

2nd Floor EC Contact Room LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor EC Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

2nd Floor EC Hall LIN-LED-L11T8LED-3 9 3120 2x4 Flat Panel 28W CS 9 1872 Enlighted Controls

2nd Floor EC Office LIN-LED-L11T8LED-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

2nd Floor EC Break LIN-LED-L11T8LED-3 1 3120 2x4 Flat Panel 28W CS 1 1872 Enlighted Controls

2nd Floor EC Restroom 2 LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

2nd Floor EC Contact Storage LIN-LED-L11T8LED-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

2nd Floor EC Lab LIN-LED-L11T8LED-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

2nd Floor ReGeneron Cubicles F-F32T8-3 40 3120 2x4 Flat Panel 28W CS 40 1872 Enlighted Controls

2nd Floor RG Office 1 F-F32T8-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

2nd Floor RG Office 2 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor RG Office 3 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor RG Office 4 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor RG Kitchenette UFL-FU31T8/6-2 4 3120 2x2 Flat Panel 21W CS 4 1872 Enlighted Controls

2nd Floor RG Server Room F-F32T8-3 1 1080 2x4 Flat Panel 28W CS 1 648 Enlighted Controls

2nd Floor RG Office 5 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor RG conference F-F32T8-3 6 2400 2x4 Flat Panel 28W CS 6 1440 Enlighted Controls

2nd Floor RG Office 6 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor RG Office 6 F-F32T8-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

2nd Floor RG Office 7 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor RG Stair Vestibule F-F32T8-3 1 3120 2x4 Flat Panel 28W CS 1 1872 Enlighted Controls

2nd Floor RG Electric Room F-F32T8-3 2 1080 4ft Strip 23W Color Selectable 2 648 Enlighted Controls

2nd Floor BBL Open Office UFL-FU31T8/6-2 2 3120 2x2 Flat Panel 21W CS 2 1872 Enlighted Controls

2nd Floor BBL Open Office F-F32T8-3 8 3120 2x4 Flat Panel 28W CS 8 1872 Enlighted Controls

2nd Floor BBL office 1 F-F32T8-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

2nd Floor BBL office 2 F-F32T8-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

2nd Floor BBL office 3 F-F32T8-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

2nd Floor BBL office 4 LIN-LED-L11T8LED-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

2nd Floor BBL Back Hall UFL-FU31T8/6-2 2 3120 2x2 Flat Panel 21W CS 2 1872 Enlighted Controls

2nd Floor BBL Back Hall F-F32T8-3 3 3120 2x4 Flat Panel 28W CS 3 1872 Enlighted Controls

2nd Floor BBL office 5 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor BBL office 6 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor BBL office 7 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor BBL office 8 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor BBL office 9 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor BBL office 10 F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

2nd Floor BBL Conference F-F32T8-3 4 2400 2x4 Flat Panel 28W CS 4 1440 Enlighted Controls

3rd Floor Lobby LED-L12-2 13 3120 6R Recessed Can Max 13W CS 13 1872 Enlighted Controls

3rd Floor Lobby LIN-LED-L11T8LED-3 6 3120 2x4 Flat Panel 28W CS 6 1872 Enlighted Controls

3rd Floor Mop Closet CFL-CF20W-1 1 1080 A19 8.8W 40K 1 1080 Enlighted Controls

3rd Floor Men’s Restroom CFL-CF13W-2 2 1560 6R Recessed Can Max 13W CS 2 936 Enlighted Controls

3rd Floor Men’s Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

3rd Floor Men’s Restroom LIN-LED-L11T8LED-2 1 1560 4ft Strip 23W Color Selectable 1 936 Enlighted Controls

Rensselaer County Amendment 7 - Appendix 1 Lighting Retrofit Schedule

3rd Floor Women’s Restroom CFL-CF13W-2 2 1560 6R Recessed Can Max 13W CS 2 936 Enlighted Controls

3rd Floor Women’s Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

3rd Floor Women’s Restroom LIN-LED-L11T8LED-2 1 1560 4ft Strip 23W Color Selectable 1 936 Enlighted Controls

3rd Floor Sitting Room LIN-LED-L11T8LED-3 3 3120 2x4 Flat Panel 28W CS 3 1872 Enlighted Controls

3rd Floor Right Lobby hall LIN-LED-L11T8LED-2 1 3120 2x2 Flat Panel 21W CS 1 1872 Enlighted Controls

3rd Floor Meeting Room LIN-LED-L11T8LED-3 4 2400 2x4 Flat Panel 28W CS 4 1440 Enlighted Controls

3rd Floor Conference Room LIN-LED-L11T8LED-3 5 2400 2x4 Flat Panel 28W CS 5 1440 Enlighted Controls

3rd Floor Conference Room LIN-LED-L11T8LED-2 1 2400 2x2 Flat Panel 21W CS 1 1440 Enlighted Controls

3rd Floor Left Lobby Hall LIN-LED-L11T8LED-2 2 3120 2x2 Flat Panel 21W CS 2 1872 Enlighted Controls

3rd Floor Training Room LIN-LED-L11T8LED-2 24 2400 4ft Light Bar 15W CS 24 1440 Enlighted Controls

3rd Floor Training Room LED-L12-1 11 2400 6R Recessed Can Max 13W CS 11 1440 Enlighted Controls

3rd Floor Training Room CFL-CF13W-2 1 2400 6R Recessed Can Max 13W CS w/ EM 1 1440 Enlighted Controls

3rd Floor Training Room Closet F-F32T8-3 1 1080 2x4 Flat Panel 28W CS 1 648 Enlighted Controls

3rd Floor Video Training Room LIN-LED-L11T8LED-3 8 2400 2x4 Flat Panel 28W CS 8 1440 Enlighted Controls

3rd Floor Storage Room LIN-LED-L11T8LED-3 1 1080 2x4 Flat Panel 28W CS 1 648 Enlighted Controls

3rd Floor Mail Room LIN-LED-L11T8LED-3 8 3120 2x4 Flat Panel 28W CS 8 1872 Enlighted Controls

3rd Floor Open Cubicles LED-L12-2 4 3120 6R Recessed Can Max 13W CS 4 1872 Enlighted Controls

3rd Floor Open Cubicles LIN-LED-L11T8LED-2 171 3120 4ft Light Bar 15W CS 171 1872 Enlighted Controls

3rd Floor Open Cubicles LIN-LED-L11T8LED-2 1 3120 2x2 Flat Panel 21W CS 1 1872 Enlighted Controls

3rd Floor Stair Vestibule LED-L12-2 1 3120 6R Recessed Can Max 13W CS 1 1872 Enlighted Controls

3rd Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

3rd Floor Castleman LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

3rd Floor Savas LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

3rd Floor Ebmg Conference LIN-LED-L11T8LED-2 6 2400 2x2 Flat Panel 21W CS 6 1440 Enlighted Controls

3rd Floor Ebmg Conference CFL-CF13W-2 1 2400 6R Recessed Can Max 13W CS w/ EM 1 1440 Enlighted Controls

3rd Floor Spoth LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

3rd Floor Office LIN-LED-L11T8LED-3 2 3120 2x4 Flat Panel 28W CS 2 1872 Enlighted Controls

3rd Floor Copy Room LIN-LED-L11T8LED-3 2 3120 2x4 Flat Panel 28W CS 2 1872 Enlighted Controls

3rd Floor Copy Room LIN-LED-L11T8LED-3 4 3120 2x2 Flat Panel 21W CS 4 1872 Enlighted Controls

3rd Floor Pucunas LIN-LED-L11T8LED-2 2 2400 2x2 Flat Panel 21W CS 2 1440 Enlighted Controls

3rd Floor Personal Lines Room LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

3rd Floor Garrity LIN-LED-L11T8LED-3 4 2400 2x4 Flat Panel 28W CS 4 1440 Enlighted Controls

3rd Floor Rowe LIN-LED-L11T8LED-3 4 2400 2x4 Flat Panel 28W CS 4 1440 Enlighted Controls

3rd Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

3rd Floor Shea LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Lobby LED-L12-2 8 3120 6R Recessed Can Max 13W CS 8 1872 Enlighted Controls

4th Floor Men’s Restroom CFL-CF13W-2 2 1560 6R Recessed Can Max 13W CS 2 936 Enlighted Controls

4th Floor Men’s Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

4th Floor Men’s Restroom LIN-LED-L11T8LED-2 1 1560 4ft Strip 23W Color Selectable 1 936 Enlighted Controls

4th Floor Women’s Restroom CFL-CF13W-2 2 1560 6R Recessed Can Max 13W CS 2 936 Enlighted Controls

4th Floor Women’s Restroom LIN-LED-L11T8LED-3 1 1560 2x4 Flat Panel 28W CS 1 936 Enlighted Controls

4th Floor Women’s Restroom LIN-LED-L11T8LED-2 1 1560 4ft Strip 23W Color Selectable 1 936 Enlighted Controls

4th Floor Mop Closet CFL-CF20W-1 1 1080 A19 8.8W 40K 1 1080 Enlighted Controls

4th Floor Board Room LIN-LED-L11T8LED-2 18 2400 4ft Light Bar 15W CS 18 1440 Enlighted Controls

4th Floor Board Room LED-L12-2 14 2400 6R Recessed Can Max 13W CS 14 1440 Enlighted Controls

4th Floor Kuhne LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

4th Floor Open cubicles LIN-LED-L11T8LED-2 157 3120 4ft Light Bar 15W CS 157 1872 Enlighted Controls

Rensselaer County Amendment 7 - Appendix 1 Lighting Retrofit Schedule

4th Floor Hanrahan LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

4th Floor Lewick LIN-LED-L11T8LED-3 6 2400 2x4 Flat Panel 28W CS 6 1440 Enlighted Controls

4th Floor Nickel LIN-LED-L11T8LED-3 6 2400 2x4 Flat Panel 28W CS 6 1440 Enlighted Controls

4th Floor Vitale LIN-LED-L11T8LED-3 6 2400 2x4 Flat Panel 28W CS 6 1440 Enlighted Controls

4th Floor Murray LIN-LED-L11T8LED-3 6 2400 2x4 Flat Panel 28W CS 6 1440 Enlighted Controls

4th Floor Tyrrell LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Meeting Room LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Electrical Room F-F32T8-3 1 1080 4ft Strip 23W Color Selectable 1 648 Enlighted Controls

4th Floor Stair 2 LIN-LED-L11T8LED-2 9 3120 4ft Strip 23W Color Selectable 9 1872 Enlighted Controls

4th Floor Stair 2 CFL-CF13W-2 1 3120 11" Round Flush Mount 1 1872 Enlighted Controls

4th Floor Crawford LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Hickey LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

4th Floor Donnelly LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Hutcherson LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Schild LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Peters LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

4th Floor Dailey LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

4th Floor Copy Room LIN-LED-L11T8LED-3 4 3120 2x4 Flat Panel 28W CS 4 1872 Enlighted Controls

4th Floor Copy Hall F-F32T8-3 1 3120 2x4 Flat Panel 28W CS 1 1872 Enlighted Controls

4th Floor Ellis LIN-LED-L11T8LED-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

4th Floor Kochan LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Kitchenette LIN-LED-L11T8LED-3 1 3120 2x4 Flat Panel 28W CS 1 1872 Enlighted Controls

4th Floor Fishbowl A LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

4th Floor Fishbowl B LIN-LED-L11T8LED-3 3 2400 2x4 Flat Panel 28W CS 3 1440 Enlighted Controls

4th Floor Hall LED-L12-2 20 3120 6R Recessed Can Max 13W CS 20 1872 Enlighted Controls

4th Floor Hall LIN-LED-L11T8LED-3 1 3120 2x4 Flat Panel 28W CS 1 1872 Enlighted Controls

4th Floor Hall LIN-LED-L11T8LED-2 2 3120 2x2 Flat Panel 21W CS 2 1872 Enlighted Controls

4th Floor Mahoney LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Cook LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Jorgensen LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Closet F-F32T8-2 1 1080 4ft Strip 23W Color Selectable 1 648 Enlighted Controls

4th Floor Chrysler F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor McNutt F-F32T8-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Otis LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Greagan LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Terzian LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

Rensselaer County Amendment 7 - Appendix 1 Lighting Retrofit Schedule

4th Floor Welch LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor Office LIN-LED-L11T8LED-3 2 2400 2x4 Flat Panel 28W CS 2 1440 Enlighted Controls

4th Floor IT Room LIN-LED-L11T8LED-3 6 2400 2x4 Flat Panel 28W CS 6 1440 Enlighted Controls

4th Floor Thomas LIN-LED-L11T8LED-3 1 2400 2x4 Flat Panel 28W CS 1 1440 Enlighted Controls

4th Floor Derico LIN-LED-L11T8LED-3 4 2400 2x4 Flat Panel 28W CS 4 1440 Enlighted Controls

V&E Comments-3/16 RC Comments 3/18

CONTRACT OF SALE

THIS CONTRACT OF SALE (this “Contract”) is made this ____ day of March,

2022, between ROSE & KIERNAN, INC., a New York corporation, having a mailing address

c/p NFP Corp. at 340 Madison Avenue, 20th Floor, New York, New York 10173 (“Seller”) and

Rensselaer County, a New York Municipal Corporation , having a mailing address at 1600 7th

Ave Troy, New York 12180 (“Purchaser”).

R E C I T A L:

Seller desires to sell and Purchaser desires to purchase, on the terms and conditions

set forth in this Agreement, the real property and improvements located at 99 Troy Road, East

Greenbush, New York 12061, consisting of a 63,000 ± square foot building, which improvements

are located on a 9.8 ± acre parcel of real property described with more particularity on Exhibit A

attached hereto and identified further as tax parcel 155.-3-2.2;

NOW, THEREFORE, for one dollar ($1.00) and other good and valuable

consideration, the receipt and adequacy of which are hereby acknowledged, Seller and Purchaser

agree as follows:

1.0 DEFINITIONS. As used in this Agreement, the following terms shall have

the meanings ascribed thereto:

1.1 Agreement shall mean this Contract of Sale, dated as of the Effective Date,

between Seller and the Purchaser.

1.2 Casualty Loss shall mean any damage to the Premises caused by fire, storm

or other casualty or any Taking.

1.3 Closing shall mean the closing of title to the Premises to be held at the time

and place set forth in Section 3.1 of the Agreement.

1.4 Closing Date means April 30, 2022, or such other date as Seller and

Purchaser shall otherwise mutually agree in writing.

1.5 Code shall mean the Internal Revenue Code of 1986, as amended.

1.6 Deed shall mean the deed to be executed and delivered by Seller pursuant

to Section 11.1 of the Agreement, in the form attached hereto as Exhibit B.

1.7 Documents shall mean: (a) all warranties, guarantees, indemnities and

claims inuring to the benefit of Seller with respect to the Premises; (b) all licenses, permits or

similar documents affecting or relating to the Premises; and (c) all appraisals, plans, drawings,

- 2 -

specifications, surveys, engineering reports, environmental studies, contracts, leases, agreements,

title reports, environmental impact statements and other written documentation affecting or

relating to the Premises

1.8 Deposit shall mean N/A.

1.9 Effective Date shall mean the date on which the Agreement has been signed

by Seller and Purchaser.

1.10 Encumbrances shall mean all liens, security, interests, claims,

encumbrances, easements, rights-of-way, encroachments, reservations, restrictions, covenants,

conditions and any other matters affecting title to the Premises.

1.11 Environment shall mean water or water vapor, land surface or subsurface,

air, fish, wildlife, biota and all other natural resources.

1.12 Environmental Law shall mean any applicable, or relevant and appropriate,

statutes, ordinances, by-laws, directives or other written, published laws, any written, published

rules or regulations, orders, and any licenses, permits, orders, judgments, notices or other

requirements issued pursuant thereto, enacted, promulgated or issued by any Governmental

Authority, in effect as of the Effective Date, relating to pollution or protection of public health or

the environment from Hazardous Materials (including, but not limited to, any air, surface water,

groundwater, land surface or sub-surface strata, whether outside, inside or under any structure), or

to the identification, reporting, generation, manufacture, processing, distribution, use, handling,

treatment, storage, disposal, transporting, presence, Release or threatened Release, of any

Hazardous Substances. Without limiting the generality of the foregoing, Environmental Laws

shall include the Comprehensive Environmental Response, Compensation and Liability Act of

1980, as amended, the Toxic Substances Control Act, as amended, the Hazardous Materials

Transportation Act, as amended, the Resource Conservation and Recovery Act, as amended, the

Clean Water Act, as amended, the Safe Drinking Water Act, as amended, the Clean Air Act, as

amended, and all analogous laws enacted, promulgated or lawfully issued by any Governmental

Authority, but shall exclude the Occupational Safety and Health Act, as amended, and similar state

1.13 Governmental Authority shall mean any federal, state, county, municipal or

other governmental department, authority, commission, court, agency or other entity, body,

organization or group exercising any executive, legislative, judicial, quasi-judicial, regulatory or

administrative government function.

1.14 Hazardous Material shall mean any petroleum, PCBs, asbestos, chemical

substance, waste, pollutant or contaminant, as defined in, or regulated by, any Environmental Law

or as determined by any Governmental Authority.

1.15 Inspection Date shall mean April 12, 2022..

- 3 -

1.16 Inspection Period shall mean the period running from the Effective Date to

the Inspection Date.

1.17 Legal Requirements shall mean all laws, statutes, codes, acts, ordinances,

judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, orders,

directions and requirements of all Governmental Authorities (including, for purposes hereof, any

local Board of Fire Underwriters).

1.18 Permitted Encumbrances shall mean the Encumbrances described in

Exhibit C to the Agreement.

1.19 Personal Property shall mean all furniture owned by Seller and used in

connection with the operation of the Premises and identified on Exhibit D.

1.20 Premises shall mean shall mean the real property situated at 99 Troy Road,

East Greenbush, New York (Tax Parcel. No. 155.-3-2.2) which is described with more particularity

in Exhibit A to the Agreement, together with all rights, privileges, interests, easements,

hereditaments and appurtenances thereunto in any way incident, appertaining or belonging,

including, but not limited to: (a) all right, title and interest in and to adjacent streets, alleys, rights

of way and any adjacent strips or gores of real estate; and (b) all right, title and interest in and to

all oil, gas and other minerals in, on or that may be produced from the property, all mineral leases,

royalty interests and bonuses relating thereto, and all agreements relating to the production,

development, exploration or exploitation thereof.

1.21 Purchase Price shall mean $5,200,000.00, payable as set forth in Section 4

hereof. A portion of the Purchase Price equal to $200,000.00 shall be allocated to the value of the

Personal Property.

1.22 Survey shall mean a survey of the Premises obtained by Purchaser pursuant

to Section 5.1.

1.23 Taking shall mean any taking or pending or threatened taking, in

condemnation or under the right of eminent domain of the Premises or any portion thereof.

1.24 Title Commitment shall have the meaning ascribed thereto in Section 5.1.

1.25 Title Company shall mean Northway Title Agency.

1.26 Title Policy shall have the meaning ascribed thereto in Section 5.1.

2.0 PURCHASE AND SALE. Subject to the terms and conditions set forth in

this Agreement, Seller shall sell and assign to Purchaser and Purchaser will purchase and accept

the conveyance from Seller, all of Seller’s right, title and interest in and to the Premises and the

Personal Property.

- 4 -

3.0 CLOSING. The Closing shall take place at the Premises or at the offices

of Purchaser, at 10:00 a.m. on the Closing Date, or at such other place, time and date as Purchaser

and Seller may mutually agree.

4.0 PAYMENT OF PURCHASE PRICE.

4.1 Purchaser shall deliver the Purchase Price to Seller (either directly or via

the Title Company), as adjusted pursuant to Section 12.0 of this Agreement, by certified check or

wire transfer.

5.0 TITLE.

5.1 Purchaser and Seller each hereby acknowledges receipt of a commitment

from the Title Company for the issuance of an American Land Title Association (“ALTA”)

extended coverage owner's policy of title insurance (with mechanics' lien coverage) in the amount

of the Purchase Price covering the Real Property (the “Title Commitment”). Purchaser will order

the Survey and shall forward copies of the Survey to Seller promptly upon receipt. At Closing,

the title policy to be issued pursuant to the Title Commitment (the “Title Policy”) shall be subject

only to Permitted Encumbrances. The costs of preparing the Survey, the Title Commitment, and,

if Closing occurs, the premium for the Title Policy, shall be paid by Purchaser.

5.2 Within fifteen (15) days of the receipt of the last of the Title Commitment

or Survey, Purchaser may give Seller written notice of any Encumbrances (other than Permitted

Encumbrances) (an “Objection Notice”) which either, (i) in Purchaser’s reasonable opinion, render

title to the Premises unmarketable or (ii) did not appear on the original Title Commitment (such

matters being referred to herein as “Defects” and each being a “Defect”). To the extent not already

provided to Seller, prior to or concurrently with providing an Objection Notice, Purchaser has

delivered to Seller copies of any Title Commitment and will deliver copies of any Survey, and all

documents and instruments to which exception is taken within the Title Commitment that are

delivered by Title Company to Purchaser. If Purchaser fails to timely deliver an Objection Notice,

Purchaser shall be deemed to have accepted those matters in the Title Commitment and Survey,

and all such matters shall be considered Permitted Encumbrances.

5.3 Within five (5) business days of its receipt of the Objection Notice from

Purchaser, Seller shall notify Purchaser in writing (“Seller’s Notice”) whether Seller will or will

not cure such Defect to Purchaser’s reasonable satisfaction. Seller shall have no obligation to cure

any Defects, other than monetary defects, which Seller shall cause to be removed, satisfied or

insured over (in a manner reasonably satisfactory to Purchaser) prior to or at Closing; provided,

however, in no event shall Seller be obligated to remove the following Defects: (i) 2023 Rensselaer

County or 2022-2023 School District real estate taxes due and payable prior to Closing; (ii) liens

recorded against the Property as a result of the actions of Purchaser.; or (iii) liens recorded against

the Property as a result of the actions of any tenant (other than Laurie Runnerstrom, d/b/a

Greenbush Eye Center (the “Optical Center Tenant”)).

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5.4 If Seller elects (or is deemed to have elected) not to cure such Defects,

Purchaser, as its sole remedy, shall be entitled to either (a) waive the Defects, in which case such

Defects shall be deemed Permitted Encumbrances or (b) to cancel this Agreement by giving

written notice to Seller (the “Purchaser’s Notice”) no later than the expiration of the Inspection

Period, whereupon this Agreement shall be deemed to be terminated as of the date of such notice

and Purchaser shall be entitled to the return of the Deposit, and neither party shall have any further

liability hereunder except as otherwise expressly set forth herein to survive termination (including

with respect to Purchaser’s repair and indemnification obligations as set forth in Section 6.4). If

Purchaser does not timely deliver the Purchaser’s Notice, such failure shall be deemed Purchaser’s

election to waive the Defects and Purchaser shall accept the condition of title to the Premises

subject to such waived Defects (which shall be deemed Permitted Encumbrances) and the other

Permitted Encumbrances, without an abatement of the Purchase Price. If Seller elects in the

Seller’s Notice to attempt to cure any one or more Defects, Seller shall use commercially

reasonable efforts to cure such Defects prior to Closing. If Seller elects in the Seller’s Notice to

attempt to cure any such Defects, but at the time of Closing such Defects have not been cured,

Purchaser’s sole option and remedy shall be either to (a) terminate this Agreement, whereupon the

Deposit shall be returned to Purchaser and neither party shall have any further liability hereunder

except as otherwise expressly set forth herein to survive termination (including with respect to

Purchaser’s repair and indemnification obligations as set forth in Section 6.4), (ii) if a cure is

ongoing, to extend the Closing Date for up to thirty (30) days to permit more time for Seller to

complete the cure of such Defects, but if not completed within such thirty (30) day period, then

Purchaser may, at its election, opt for item (a) or (c) in this paragraph, or (c) proceed to Closing

and accept the condition of title to the Premises subject to such uncured Defects and all other

Permitted Encumbrances, without an abatement of the Purchase Price.

6.0 DUE DILIGENCE.

6.1 During the Inspection Period, subject to the terms hereof and subject to the

rights of Tenants set forth in the Existing Leases, Purchaser and its agents, employees, consultants

and other representatives (collectively, the “Representatives”) shall have the right to do all

customary non-invasive environmental, surveying, engineering and other tests with respect to the

Premises (collectively, the “Inspections”). Within three (3) days prior to the Effective Date (with

such period being shortened as agreed between Seller and Purchaser and to the extent not already

delivered by Seller), Seller shall forward to Purchaser (or make available to Purchaser) copies of

all Documents (to the extent in the possession or control of Seller) and Seller shall notify Purchaser

in writing when the last of the Documents have been delivered to Purchaser. The Documents are

delivered and/or made available to Purchaser solely as an accommodation to Purchaser for its

convenience. All such Documents are delivered and/or made available to Purchaser on an “AS-

IS”, “WHERE-IS” BASIS, AND PURCHASER EXPRESSLY ACKNOWLEDGES AND

AGREES THAT SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS

OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, WITHOUT

LIMITATION, ANY WARRANTY OF CONDITION, MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE WITH RESPECT TO THE DUE DILIGENCE MATERIALS.

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Seller has not made any independent investigation or verification of any such Documents and

Seller makes no (and expressly disclaims all) representations and warranties as to the accuracy or

completeness of any such Documents. Seller shall not be liable to Purchaser for: (a) any

inaccuracies, mistakes, omissions or misrepresentations with respect to any such Documents; or

(b) Purchaser’s reliance on any such Documents. Purchaser shall keep all tests, studies,

assessments, inspections, investigations, materials, information and data received or discovered in

connection with its Inspections strictly confidential. The costs of conducting and obtaining any

and all Inspections shall be the sole responsibility of Purchaser.

6.2 Insurance. Prior to Purchaser or any of its Representatives entering or

coming upon the Premises, Purchaser and any such Representative shall have first obtained general

liability insurance coverage insuring Seller, its property manager, its leasing manager, its Tenants,

and each of their respective affiliates, parents, subsidiaries, successors, assigns, partners,

managers, members, shareholders, trustees, beneficiaries, officers, directors, employees,

representatives and agents (collectively with Seller, the “Seller Parties”) from and against any and

all claims, demands, actions, losses, liabilities, damages, fees, costs and expenses (including,

without limitation, attorneys’ fees and costs through all trial, appellate and post-judgment levels

and proceedings) (collectively, “Claims”) arising out of any activities of Purchaser or any

Representative while on the Premises or performing any Inspection (other than claims arising from

the gross negligence or willful misconduct of Seller or any of the Seller Parties). Such insurance

shall: (i) be issued by an insurance company licensed in the State of New York with an A.M. Best

Rating of at least A-VIII; (ii) provide coverage for injury to or death of any person and damage to

or destruction of any property in an amount not less than One Million and No/100 Dollars

($1,000,000.00) for injury or death to any one person, Two Million and No/100 Dollars

($2,000,000.00) for injury or death to more than one person and Five Hundred Thousand and

No/100 Dollars ($500,000.00) with respect to property damage, by water or otherwise; (iii) name

each of the Seller Parties as additional insureds; (iv) contain a severability of interest provision;

(v) contain a provision that such insurance shall be primary and non-contributing with any other

insurance of Seller, any of the Seller Parties, any of the additional insureds named in subsection

(iii) above, Purchaser or any Representative of Purchaser; and (vi) include a waiver of subrogation

in favor of Seller and the Seller Parties. Purchaser and any of its Representatives entering or

coming upon the Real Property shall also obtain and maintain worker’s compensation insurance

for all of their respective employees in accordance with New York law. Purchaser and any of its

Representatives entering or coming upon the Premises shall deliver a certificate of insurance to

Seller evidencing compliance with the insurance requirements of this Section 6.2 prior to entering

or coming upon the Premises.

6.3 Rights of Access/Limitations/Restoration.

(a) Subject to the terms of this Agreement, all entries upon the Premises by

Purchaser or its Representatives shall be at reasonable times during normal business hours. and on

not less than one (1) full business day’s prior written notice to Seller (which notice may be

delivered solely by e-mail(s) to Joe Vitale (joe.vitale@nfp.com) and John Murray

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(john.murry@nfp.com) and shall be subject, in any event, to prior scheduling and coordination

with Seller and the rights of Tenants. At Seller’s election, a representative of Seller may be present

during any entry by Purchaser or any Representative upon the Premises to conduct the Inspections.

Any entry by Purchaser or its Representatives upon the Premises shall be in compliance with all

Legal Requirements, the requirements of any Existing Leases (and subject to the rights of Tenants

under the Existing Leases), the terms of this Agreement and any other instruments encumbering

the Premises. Inspections shall be performed in a manner that will not intentionally or materially

disturb the ongoing operations at the Premises or intentionally or materially interfere with the

rights of Tenants under the Existing Leases and, subject to Section 6.4(c) below, no Inspections

shall cause damage, loss, disturbance to business, cost or expense to, or Claims against, Seller, its

property manager, the Premises or any Tenants under the Existing Leases.

(b) In no event shall Purchaser or any of its Representatives, without Seller’s

express written consent in each case (which consent may be withheld, conditioned or delayed in

its sole discretion): (a) allow, conduct or make any invasive Inspection (environmental, structural

or otherwise) of the Premises (such as soil borings, water samplings or the like); (b) disclose the

results of any test, study, assessment, inspection or investigation (environmental, structural or

otherwise) of the Premises, except as may be required by Legal Requirements; (c) contact (in

person, in writing or electronically or telephonically) any Tenant, any other person using or

occupying the Premises or any portion thereof, any counterparty to any contract related to the

Premises, any employee of Seller, its property manager or its leasing manager or any of their

respective affiliates, in each case, with respect to the Premises or the transaction contemplated by

this Agreement; (d) contact (in person, in writing or electronically or telephonically) any owner or

tenant of any property adjacent to or in the vicinity of the Premises with respect to the Premises or

the transaction contemplated by this Agreement; (e) contact (in person, in writing or electronically

or telephonically) any Governmental Authority having jurisdiction over the Premises or Seller with

respect to the Premises or the transaction contemplated by this Agreement; or (f) request or initiate

any inspections of the Premises by any Governmental Authority having jurisdiction over the

Premises or Seller; provided, however, that, notwithstanding anything to the contrary in this

Section 6.4(b), Purchaser may order a preliminary zoning report, preliminary architectural,

construction and fit up plans and reports, and a Phase I Environmental Report. This Section 6.4(b)

shall expressly survive the termination of this Agreement.

any personal property of the Tenants or any other person using or occupying the Premises) caused

by any entry upon the Premises by Purchaser or its Representatives to the same condition as existed

prior to such damage (provided, however, that Purchaser shall not be obligated to remediate

conditions which are merely discovered to be existing on or at the Premises, except to the extent

Purchaser or Purchaser’s Representatives exacerbate any such condition). Purchaser shall: (a) keep

the Premises free from any claims, liens and encumbrances arising as result of any Inspection by

it or any of its Representatives; (b) discharge any such claims, liens and encumbrances (by

payment, bond, indemnity or otherwise) within five (5) days after Purchaser becomes aware of the

same; and (c) indemnify, defend and hold harmless the Seller Parties from and against any and all

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Claims in connection with, relating to or arising out of any such claims, liens and encumbrances

(provided however, that the foregoing indemnity shall not apply to claims or losses to the extent

they arise from (A) the mere discovery of pre-existing conditions with respect to the Premises (but

shall apply to the extent any such pre-existing condition is exacerbated by Purchaser or Purchaser’s

Representatives) or (B) solely the action or inaction of Seller, its officers, directors or any of the

Seller Parties). Purchaser shall take all actions and implement all protections necessary to ensure

that all actions taken in connection with the Inspections and other matters performed by Purchaser

with respect to the Premises, and all equipment, materials and substances generated, used or

brought onto the Premises, shall pose no material or imminent threat to the safety of persons or the

environment. Further, Purchaser shall indemnify, defend (with counsel reasonably approved by

Seller) and hold harmless the Seller Parties, from and against any and all Claims brought, sought

or incurred by or against any of the Seller Parties resulting from, arising out of or in any way

related to entry upon the Premises by Purchaser or any of its Representatives, any Inspection

conducted by or on behalf of Purchaser or any violation of this Section 6.4., whether any of the

foregoing arise or occur on or after the Effective Date (other than claims arising from the gross

negligence or willful misconduct of Seller or any of the Seller Parties). Purchaser, for itself and its

Representatives, hereby waives any and all Claims against the Seller Parties for any injury to

persons or damage to property in connection with, relating to or arising out of: (i) any entry upon

the Premises by Purchaser or any Representatives; and/or (ii) any Inspection performed by

Purchaser or any of its Representatives, in each case other than claims arising from the gross

negligence or willful misconduct of Seller or any of the Seller Parties. This Section 6.4(c) expressly

survive the Closing or any earlier termination of this Agreement.

6.4 Purchaser shall have until 5:00 p.m. Eastern Time on the expiration of the

Inspection Date to perform its Inspections and otherwise determine whether Purchaser desires to

acquire the Premises. Purchaser may, by giving Seller and Escrow Agent written notice on or

before the expiration of the Inspection Period, terminate this Agreement, in which event the

Deposit shall be returned to Purchaser, all further rights and obligations of the parties hereunder

shall terminate (other than those which, pursuant to the terms of this Agreement, expressly survive

any termination of this Agreement) and this Agreement shall thereafter be of no further force or

effect. In the event that Purchaser does not provide such termination notice prior to the expiration

of the Inspection Period, then Purchaser shall be deemed to have waived its right to terminate this

Agreement pursuant to this Section 6.5 and have elected to proceed to Closing in accordance with,

and subject to the terms of, this Agreement, and the Deposit shall be nonrefundable to Purchaser

except as otherwise expressly provided in this Agreement. Purchaser hereby acknowledges that

provided Seller grants access for inspections under the terms of this Agreement (a) it heretofore

had, or through the end of the Inspection Period shall have had, ample opportunity to review and

analyze the Documents, the results of the Inspections and all other matters respecting the Premises

and (b) in the event that this Agreement is not terminated as provided under this Section 6.5, then

any future Inspections that Purchaser or any Representative may conduct following the expiration

of the Inspection Period will be permitted solely as an accommodation to Purchaser and the results

of same shall in no event be deemed to grant Purchaser any further contingency under this

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Agreement or serve as the basis for any right of Purchaser to terminate this Agreement or seek any

reduction of or credit against the Purchase Price.

7.0 WARRANTIES AND REPRESENTATIONS OF SELLER.

7.1 As a material inducement to cause Purchaser to enter into this Agreement

and to close on the Property, Seller represents and warrants to Purchaser as of the date of this

Agreement and shall represents and warrant the same to Purchaser as of the date of Closing that:

(a) Seller has full right, power and authority to execute, deliver and perform

this Agreement without obtaining any consents or approvals from, or the taking of any other

actions with respect to, any third parties, and this Agreement when fully executed will constitute

a valid and binding agreement of Seller, enforceable against Seller according to its terms.

(b) There is no action, suit, proceeding or, to Seller’s knowledge, investigation

pending or threatened in writing before any Governmental Authority which relates to the Seller or

the Premises.

Governmental Authority regarding a Taking affecting the Premises.

(d) Seller has no knowledge of any violation of any requirement of any

Governmental Authority with respect to the use or occupation of the Premises, including, but not

limited to, environmental, zoning, subdivision and other land use requirements, and Seller has

received no written notice of, and has no knowledge of, any violations or investigations relating to

any such requirement.

(e) Seller has no knowledge of any default or breach by Seller under any

covenant, condition, restriction, right of way or easement affecting the Premises or any portion

thereof.

(f) Except with respect to the lease agreements set forth on Exhibit F attached

hereto (the “Existing Leases”), there are no service contracts, leases, purchase agreements or rights

of first refusal affecting all or any part of the Premises and there are no oral or written promises,

understandings, agreements or commitments between Seller and any third party with respect to the

Premises which have not been disclosed in writing by Seller to Purchaser as part of the Documents.

(g) Other than ordinary course “slip and fall” litigation or other personal injury

matters that are covered by insurance, there is no litigation or proceeding pending, threatened in

writing against or relating to the Premises.

(h) Except as set forth in the Phase 1 Environmental Site Assessment/EPA All

Appropriate Inquiry by Barton & Loguidice dated April, 2020 as delivered to Purchaser prior to

the date hereof (the “Environmental Report”), Seller has no knowledge of any failure of Seller or

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the Premises to comply in all material respects with any Environmental Law. Seller has no

knowledge of any investigative, containment, response, removal, clean-up or remedial activity

which occurred, is occurring or is contemplated to occur at the Premises, other than those disclosed

in writing to Purchaser at least 10 days prior to the end of the Inspection Period.

(i) Subject to the qualifications set forth in Section 7.4, all Documents

delivered to Purchaser by (or on behalf of Seller) are true, correct and complete copies of the same.

(j) Except as set forth in the Environmental Report or as disclosed to Purchaser

in connection with work related to the elevator at the Premises, to Seller’s knowledge, there are

no Hazardous Materials on, under or in the Premises.

7.2 Limitations/Survival. (a) All representations and warranties of Seller set

forth in this Section 7, as well as Purchaser’s right to enforce its remedies hereunder for any breach

of the same, shall survive the Closing for a period of twelve (12) months (the “Survival Period”)

(i.e., if Purchaser first obtains knowledge of a breach of a representation or warranty contained in

this Section 7 after the Closing Date and Purchaser has the right and seeks to pursue a claim against

Seller as a result thereof, then Purchaser must file an action with respect to such claim in a court

of competent jurisdiction prior to the expiration of the Survival Period, otherwise such claim shall

be deemed waived).

(b) As used herein, the phrase “to Seller’s knowledge” and words of similar

import shall mean the actual, constructive or imputed knowledge, as of the date when the subject

representation and warranty making reference to such phrase is being made hereunder of Joe

Vitale, and John Murray or any other senior officer or director of Seller. There shall be no personal

liability on the part of any such individuals., and no such individual shall have any imposed or

implied duty to investigate, inspect or audit any such matters.

of all matters disclosed: (a) by the Documents (it being agreed that Purchaser shall be deemed to

have actual knowledge of any document/certificate/report/information emailed to it as of the date

sent), (b) by any Inspections conducted by Purchaser or any of its Representatives, (c) in the Title

Commitment or Survey (including any updates thereto); (d) in this Agreement; or (e) in any

documents delivered pursuant the terms hereof at Closing, including the updated Rent Roll.

(d) If Purchaser has or obtains knowledge, through its Inspections or otherwise

prior to Closing that any representation or warranty of Seller is untrue, inaccurate or incomplete

(a “misrepresentation” for purposes of this Section 7.2), or that Seller has breached any

representation, warranty or covenant (a “breach” for purposes of this Section 7.2), then Purchaser

shall give Seller written notice thereof (each an “Alleged Breach Notice”) by the date that is the

earlier of: (A) fifteen thirty (1530) days after the Effective Date obtaining such knowledge or (B)

the Closing Date. If Purchaser does not timely provide Seller with an Alleged Breach Notice then:

(i) such misrepresentation or breach shall not be a breach, default or violation of this Agreement

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by Seller; (ii) Seller shall have no obligation to cure such misrepresentation or breach; and (iii)

Purchaser shall be required to close the transaction contemplated hereby without any reduction of

or credit against the Purchase Price or claim against Seller with respect to such misrepresentation

or breach pursuant to Section 7.3 hereof or otherwise. If Purchaser does timely provide any Alleged

Breach Notice, then Seller shall have the right (but not the obligation) to cure such

misrepresentation or breach and shall be entitled to a reasonable adjournment of the Closing Date

(not to exceed sixty (60) days) for the purpose of effectuating such cure. Any breach of a

representation or warranty by Seller shall be deemed cured if: (A) Seller takes a curative action

that causes such representation or warranty to become true and correct on the Closing Date or (B)

Seller corrects such representation or warranty and the corrected representation or warranty does

not provide Purchaser with the right to terminate this Agreement. In the event that Purchaser

obtains knowledge of any misrepresentation or breach by Seller at any time on or before the

Closing Date, and Purchaser nevertheless closes the transaction contemplated hereby (whether or

not Purchaser provided an Alleged Breach Notice to Seller of such misrepresentation or breach

and whether or not Seller cured the same), then Purchaser shall be deemed to have waived any

claim against Seller with respect to such misrepresentation or breach and subclauses (i) through

(iii) above shall apply thereto.

7.3 Threshold Amount; Aggregate Liability. Notwithstanding anything to the

contrary contained in this Agreement or the documents to be delivered pursuant to this Agreement

at Closing:

(b) Neither Party shall have no right, remedy, claim or recourse against the

other for any breach, default or violation of this Agreement (including, without limitation, any

misrepresentations or breaches) and/or any agreement, document or instrument to be delivered at

Closing, except to the extent the total collective damages resulting from such misrepresentation(s)

or breach(es) in the aggregate exceed the Threshold Amount. If such damages exceed the

Threshold Amount, then, subject to the terms hereof, either Party shall be entitled to pursue the

amount of such excess. It is intended that the Threshold Amount set forth herein is a “floor”, and

that neither Party shall have no right to pursue damages below the Threshold Amount. For

purposes hereof, the “Threshold Amount” shall mean the sum of Ten Thousand and No/100

United States Dollars ($10,000.00).

due to Broker as set forth below and Seller’s proration obligations under Section 13 below,

effective upon Closing, Seller’s aggregate liability to Purchaser under this Agreement and under

any of the other provisions contained in the documents to be delivered at Closing or any other

documents executed and delivered in connection with the transaction contemplated hereunder, and

exclusive of Purchaser’s obligation to pay the Purchase Price as set forth herein, the aggregate

liability of Purchaser to Seller shall in no event exceed: Two Hundred Thousand and No/100

United States Dollars ($200,000.00) (the “Aggregate Cap”). Purchaser’s rights and remedies for

Seller’s breaches, defaults and violations under this Agreement prior to Closing, and Seller’s

limited liability with respect thereto, are set forth in Section ___. this Agreement.

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(d) The Parties shall only be liable to each other under this Agreement and/or

any documents to be delivered at Closing for actual damages (subject to subsections (a) and (b)

above and other limitations contained in this Agreement), and in no event whatsoever shall either

party be liable to the other for any indirect, consequential, incidental, special or punitive damages.

(e) This Section 7.3 shall survive the Closing or earlier termination of this

Agreement.

7.4 Approval of Property; Limitations on Seller Representations and

Warranties.

(a) Seller makes and has made no representations or warranties with respect to

the Premises or otherwise except as may be specifically provided in this Agreement or in the

Closing Documents. Subject again to the express terms of this Agreement and the Closing

Documents, Seller make no representations or warranties as to the truth, accuracy, completeness,

methodology of preparation or otherwise concerning any engineering or environmental reports,

audits, the materials prepared on behalf of Seller, or any other materials, data or other information

whatsoever supplied to Purchaser in connection with Purchaser’s inspection of the Premises. It is

the parties’ express understanding and agreement that except with respect to the express terms of

this Agreement any such materials that are provided, if any, only for Purchaser’s convenience in

making its own examination, and, in doing so, Purchaser shall rely exclusively on its own

independent investigation and evaluation of every aspect of the Premises and not on any materials

supplied by or on behalf of Seller, again subject to the express representations within this

Agreement or any of the Closing Documents. Except as may be specifically provided elsewhere

in this Agreement, Purchaser expressly disclaims any intent to rely on any such materials provided

to it by or on behalf of Seller in connection with its inspection and agrees that it shall rely solely

on its own independently developed or verified information. Except with respect to any

representations, warranty or other obligations in this Agreement that are expressly stated to survive

Closing (collectively, the “Surviving Obligations”), Purchaser hereby releases Seller and its

members, agents, representatives, and employees from any and all claims, demands, and causes of

action, past, present, and future that Purchaser may have relating to the condition of the Premises

at any time, before or after the Closing, including without limitation, the presence of any

Hazardous Materials and any other matter pertaining to the Premises. This release shall expressly

surviving the Closing or the earlier termination of this Agreement.

(b) Approval of Premises. The consummation of the purchase and sale of the

Premises pursuant to this Agreement shall be deemed Purchaser’s acknowledgement that it has

had an adequate opportunity to make such legal, factual and other inspections, inquiries and

investigations as it deems necessary, desirable or appropriate with respect to the Premises. Such

inspections, inquiries and investigations of Purchaser shall be deemed to include, without

limitation, any Existing Leases pertaining to the Premises, the physical components of all portions

of the Premises, the physical condition of the Premises, such state of facts as an accurate survey,

title commitment, environmental report and inspection would show and the present and future

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Legal Requirements. Purchaser shall not be entitled to, and shall not, rely upon any Seller Party,

with regard to, and no Seller Party has made or will make any representation or warranty with

respect to: (a) the quality, nature, adequacy or physical condition of the Premises, including,

without limitation, the structural elements, foundation, roof, appurtenances, access, landscaping,

parking facilities or the electrical, mechanical, HVAC, plumbing, sewage or utility systems

(including, without limitation, cable, phone and other similar utilities), facilities or appliances at

the Premises, if any; (b) the quality, nature, adequacy or physical condition of soils or the existence

of ground water at the Premises; (c) the existence, quality, nature, adequacy or physical condition

of any utilities serving the Premises (including, without limitation, cable, phone and other similar

utility services); (d) the development potential of the Premises, its habitability, merchantability or

the fitness, suitability or adequacy of the Premises for any particular purpose; (e) the zoning or

other legal status of the Premises; (f) the Premises or its operations’ compliance with any

applicable Legal Requirements; (g) the quality of any labor or materials relating in any way to the

Premises; or (h) the condition of title to the Premises (except to the extent revealed by the Title

Commitment or any update thereto received by Premises prior to Closing), except (as to all of the

foregoing) as expressly set forth in this Agreement or in any of the Closing Documents. EXCEPT

AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE CLOSING DOCUMENTS,

SELLER HAS NOT, DOES NOT AND WILL NOT MAKE ANY WARRANTIES OR

REPRESENTATIONS WITH RESPECT TO THE PREMISES (OR THE MAINTENANCE,

USE, OPERATION OR CONDITION THEREOF OR ANY OTHER MATTER RELATED

THERETO AND SELLER SPECIFICALLY DISCLAIMS ANY OTHER (INCLUDING,

WITHOUT LIMITATION, IMPLIED) WARRANTIES OR WARRANTIES ARISING BY

OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY

OF CONDITION, MERCHANTABILITY, HABITABILITY OR FITNESS FOR A

PARTICULAR PURPOSE OR USE. FURTHERMORE, EXCEPT AS EXPRESSLY

PROVIDED IN THIS AGREEMENT OR THE CLOSING DOCUMENTS, SELLER HAS NOT,

DOES NOT AND WILL NOT MAKE ANY REPRESENTATION OR WARRANTY WITH

REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION,

POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR

REQUIREMENTS INCLUDING, WITHOUT LIMITATION, THOSE PERTAINING TO THE

HANDLING, GENERATING, TREATING, STORING OR DISPOSING OF ANY

HAZARDOUS MATERIALS OR HAZARDOUS WASTE OR SUBSTANCE INCLUDING,

WITHOUT LIMITATION, ASBESTOS, PCB AND RADON. PURCHASER

ACKNOWLEDGES THAT PURCHASER IS A SOPHISTICATED PURCHASER FAMILIAR

WITH THIS TYPE OF PREMISES AND THAT, SUBJECT ONLY TO THE EXPRESS

REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT AND THE

CLOSING DOCUMENTS, PURCHASER WILL BE ACQUIRING THE PREMISES “AS IS

AND WHERE IS, WITH ALL FAULTS,” IN ITS PRESENT STATE AND CONDITION,

SUBJECT TO NORMAL WEAR AND TEAR AND ALL OTHER PROVISIONS OF THIS

AGREEMENT, AND PURCHASER SHALL ASSUME THE RISK THAT ADVERSE

MATTERS AND CONDITIONS MAY NOT HAVE BEEN REVEALED BY PURCHASER’S

INSPECTIONS AND INVESTIGATIONS. PURCHASER SHALL ALSO ACKNOWLEDGE

AND AGREE THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR

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REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PREMISES PROVIDED TO

PURCHASER BY SELLER, ANY MEMBER, EMPLOYEE, REPRESENTATIVE OR AGENT

OF SELLER, OR ITS OR THEIR AFFILIATES, OR ANY THIRD PARTY. THE TERMS AND

CONDITIONS OF THIS SECTION 7.13(B) SHALL SURVIVE THE CLOSING, AND NOT

MERGE WITH THE CLOSING DOCUMENTS. SELLER SHALL NOT BE LIABLE OR

BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS,

REPRESENTATIONS OR INFORMATION PERTAINING TO THE PREMISES FURNISHED

BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE SERVANT OR OTHER PERSON,

UNLESS THE SAME ARE SPECIFICALLY SET FORTH IN THIS AGREEMENT OR ANY

OF THE CLOSING DOCUMENTS.

warranties or covenants of Seller under this Agreement or under the indemnity provisions of any

Closing Document, or under this Agreement, Purchaser, for itself and its employees, agents,

representatives, affiliates, successors and assigns, hereby releases and forever discharges the Seller

Parties from and against, and shall be deemed to have covenanted and agreed to release, defend,

indemnify and hold harmless the Seller Parties from and against, any and all claims at law or equity

which Purchaser or any Purchaser Parties, whether known or unknown at the time of this

Agreement, has or may have in the future, arising from or related to any matter or thing relating to

or in connection with the Premises to the extent arising or accruing prior to, on or after Closing or

otherwise pertaining to any facts or circumstances existing prior to, on or after Closing, including,

without limitation, the documents and information referred to in this Agreement, the Existing

Leases and the Tenants, any construction defects, errors or omissions in the design or construction

and arising out of the physical, environmental, economic or legal condition of the Premises,

including, without limitation, any claim for indemnification or contribution arising under the

Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section

9601, et. seq.), as amended (“CERCLA”) or any similar federal, state or local statute, rule or

ordinance relating to liability of property owners or operators for environmental matters, including,

without limitation, liabilities to buyer under, or buyer’s right to cost recovery under, Section 107(a)

of CERCLA.

8.0 Defaults.

8.11 Seller's Default. In the event that Seller breaches or defaults in the

performance of any of Seller's obligations under this Contract, Purchaser, as its sole and exclusive

remedy for such breach or default, may:

(a) Terminate this Contract, in which event all documents and amounts

deposited by Purchaser, including the Deposit shall be immediately returned and paid to Purchaser

without consent required by Seller; or

(b) Within thirty (30) days after such default by Seller, bring suit to specifically

enforce this Agreement to compel Seller to perform the terms and conditions of this Agreement

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(to which specific performance claim Seller hereby consents) (and in no event shall any party be

entitled to punitive or consequential damages for the breach of this Agreement, except to the extent

such damages are payable to a third party); or

Contract without reduction in the Purchase Price (provided any liens of Seller that are not

Permitted Exceptions shall be paid out of the Purchase Price).

8.12 Purchaser’s Default. If Purchaser shall be in default, then the Seller shall

have the right to treat this Contract as having been breached by the Purchaser and the Seller's shall

have the option on account of such breach to terminate this Agreement by written notice to the

Purchaser or the Purchaser's attorney.

9.0 CONDITIONS TO SALE.

9.1 Notwithstanding anything in this Agreement to the contrary, Purchaser’s

obligation to complete the Closing under this Agreement is contingent upon satisfaction or waiver

by Purchaser of the following conditions:

(a) The representations and warranties of Seller contained in this Agreement

shall be true on and as of the Closing Date with the same effect as if such representations and

warranties had been made on and as of such date.

(b) Purchaser shall not have discovered any material error, misstatement or

omission in the representations and warranties made by Seller in this Agreement.

9.2 Legislative Approval Contingency. Purchaser shall have the right to

terminate this Agreement in the event the Rensselaer County Legislature does not approve, at its

regularly scheduled meeting on April 12, 2022, the transaction contemplated by this Agreement,

by delivering written notice to Seller on or before April 15, 2022. In the event of such termination

by Purchaser, neither party shall have any further liability hereunder except as otherwise expressly

set forth herein to survive termination.

SELLER’S COVENANTS.

Seller hereby covenants as follows:

9.3 From the Inspection Date through the Closing Date, except with respect to

the Existing Leases, it shall not encumber the Premises, or enter into any lease or other occupancy

agreement, service agreement or any other contract or agreement affecting the Premises after

Closing, with respect thereto without the prior written consent of Purchaser .

9.4 Seller shall, at its sole cost and expense, either (i) comply in all material

respects with all notices, orders and requirements issued by any Governmental Authority against

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or affecting the Premises, (ii) promptly notify Purchaser of Seller’s election not to comply with

any such notice, order or requirement, in which case Purchaser may, within 15 days of receipt of

such notice, terminate this Agreement effective upon notice to Seller. If Purchaser does not so

terminate this Agreement, Purchaser will be deemed to accept title to the Premises at Closing

subject to such non-compliance.

9.5 Seller shall promptly notify Purchaser of any material change with respect

to the Premises, or with respect to any information, representation or warranty heretofore or

hereafter furnished by Seller to Purchaser concerning the Premises.

9.6 Subject to Section 6.4, Seller shall, upon request, provide Purchaser with

reasonable access to the Premises for the purpose of verifying Seller’s performance of its

obligations hereunder.

9.7 From and after the Inspection Date, Seller shall not apply any security

deposits, if any, under the Existing Leases to any unpaid tenant rentals, except in accordance with

the terms and conditions of the Existing Leases.

10.0 SELLER’S CLOSING OBLIGATIONS.

10.1 At the Closing, Seller shall deliver to Purchaser:

(a) The Deed, properly executed and in proper form for recording;

(b) Customary owner’s affidavits and gap affidavit as the Title Company shall

reasonably require for issuance of the Owner Policy in the form reasonably approved by Seller;

full right, power and authority to execute and deliver the documents contemplated hereby;

(d) Originals of all Documents (to the extent in the possession or control of

Seller), together with an assignment, in the form attached hereto as Exhibit G, properly executed,

conveying to Purchaser all of Seller’s right, title and interest therein, and Purchaser will assume

all obligations of Seller accruing with respect thereto as of the Closing Date;

(e) Assignment and Assumption Agreement in the form attached hereto as

Exhibit H with respect to the Existing Leases (the “Assignment of Lease”), and Purchaser will

assume all obligations of Seller accruing with respect thereto as of the Closing Date;

(f) Notice to tenants under any Existing Leases (the “Tenants”) notifying the

Tenants to (the “Notice to Tenant”);

(g) Updated certified rent roll, dated as of the Closing Date, showing all rents

collected in the month of the Closing;

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(h) An Affidavit required by Section 1445 of the Code pertaining to Seller’s

status as a non-foreign person;

(i) A bill of sale, properly executed, conveying to Purchaser all of Seller’s

right, title, and interest in and to the Personal Property;

(j) Tenant estoppel certificates from the Optical Center Tenant dated within

thirty (30) days of Closing; and

(k) Any other documents required by this Agreement or reasonably required by

the Title Company to be delivered by Seller (the items described in clauses (a), (f), (j), (k) and (l)

shall hereinafter be referred to as the “Closing Documents”).

11.0 PURCHASER’S CLOSING OBLIGATIONS.

At the Closing, Purchaser shall:

11.1 Deliver the balance of the Purchase Price to Seller;

11.2 Instruct the Title Company to Record the Deed;

11.3 Deliver two (2) fully executed originals of the Post-Closing Lease;

11.4 Deliver an original Assignment of Lease and Notice to Tenants;

11.5 Deliver evidence satisfactory to the Title Company and Seller that the

person executing documents at the Closing on behalf of Purchaser has the full right, power and

authority to do so; and

11.6 Deliver any other documents reasonably required by this Agreement or the

Title Company to be delivered by Purchaser.

12.0 CLOSING ADJUSTMENTS; TAXES; ASSESSMENTS; CLOSING

COSTS.

12.1 Real estate taxes, assessments, water charges and sewer rents, rents and

additional rents under the Existing Leases, security deposits, if any, under the Existing Leases not

being transferred to Purchaser and any permitted administrative charges on security deposits, shall

be apportioned between Seller and Purchaser as of midnight on the day prior to the Closing Date

based on fiscal period for which assessed, in accordance with local custom. Security deposits under

Existing Leases, if any, shall be transferred to Purchaser at Closing. Notwithstanding the

foregoing, current rents collected from Tenants under the Existing Leases shall be prorated for the

month during which the Closing occurs (the “Closing Calendar Month”) (the term “rents” as used

in this Agreement includes all payments due and payable by Tenants under the Existing Leases).

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Unpaid and delinquent rent under Existing Leases collected by Seller and Purchaser after the

Closing Date, whether from current Tenants or previous Tenants under Existing Leases that are no

longer in effect, will be delivered as follows: (A) if Seller collects any unpaid or delinquent rent

for the Premises, then Seller will, within fifteen (15) business days after the receipt thereof, deliver

to Purchaser any such rent which Purchaser is entitled to hereunder relating to the Closing Date

and any period thereafter, and (B) if Purchaser collects any unpaid or delinquent rent from the

Premises, then Purchaser will, within fifteen (15) business days after the receipt thereof, deliver to

Seller any such rent which Seller is entitled to hereunder relating to the period prior to the Closing

Date. Purchaser will include unpaid and delinquent rent under the Existing Leases in Purchaser’s

normal billing and exercise reasonable efforts after Closing to collect all unpaid and delinquent

rents in the usual course of Purchaser’s operation of the Property.

12.2 Seller shall pay any and all transfer, gains, or documentary stamp taxes and

other taxes due in connection with conveyance of the Premises. Purchaser shall pay any sales tax

due, if any, in connection with the transfer of the Personal Property.

12.3 Purchaser shall pay all recording and filing fees incurred in connection with

recording the Deeds.

12.4 Purchaser and Seller shall each pay one-half of the Escrow Agent’s fees.

12.5 Purchaser shall pay all costs and expenses associated with the Title

Commitment, the Survey and any title policy and endorsements to be issued at Closing by the Title

Company (it being agreed that, to the extent Purchaser desires a new title policy, Seller will

reasonably cooperate with Purchaser to procure the same, but such cooperation shall not materially

increase Seller’s obligations set forth in this Agreement, and the cost of such new title policy shall

be borne by Purchaser), together with any endorsements, date-downs or coverages issued or to be

issued to Purchaser or its lender(s)), and all other costs arising in connection with the Inspections

and any financing that Purchaser obtains.

12.6 Current bills for real estate taxes, personal property taxes and special

assessments, if any, assessed against the Premises (“Taxes”) for the calendar year in which Closing

occurs (the “Closing Calendar Year”) shall be prorated as follows: Purchaser shall receive a credit

for Taxes which are due and payable (i.e., which would be delinquent if not so paid) for the

Premises during the Closing Calendar Year attributable to the period of prior to the Closing Date

in such Closing Calendar Year calculated using the maximum discount available, as and to the

extent that Seller has not yet paid the relevant bill therefor; and, if applicable, Seller shall receive

a credit for Taxes which are due and payable (i.e., which would be delinquent if not so paid) for

the Premises during the Closing Calendar Year to the extent paid prior to Closing and to the extent

attributable to the period from and after the Closing Date in such Closing Calendar Year.

13.0 CASUALTY LOSS.

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13.1 Seller and Purchaser acknowledge and agree that risk of loss to the Premises

between the Effective Date and the Closing Date shall remain with Seller.

13.2 Upon the occurrence of any Casualty Loss, Seller shall give Purchaser

prompt written notice thereof. If such Casualty Loss is Material, then within fifteen days of the

receipt of such notice, Purchaser may elect to terminate this Agreement by giving written notice

to Seller, whereupon this Agreement shall be deemed to be terminated as of the date of such notice,

Purchaser shall be entitled to the return of the Deposit, and neither party shall have any further

rights or claims against the other (except for obligations that expressly survive the termination of

this Agreement). If the Casualty Loss is Material and Purchaser elects to proceed with Closing,

(a) this Agreement shall continue in full force and effect, (b) Seller shall transfer to Purchaser at

Closing all of its right to any unpaid insurance proceeds, claims, awards and other payments arising

out of such Casualty Loss, and (c) Seller shall pay to Purchaser all sums received by Seller as

insurance proceeds, awards or other payments arising out of such Casualty Loss and not therefore

used for restoration or repairs. Unless Purchaser elects to terminate the Agreement pursuant to

this Section 13.2, Seller shall not voluntarily compromise, settle or adjust any amounts payable by

reason of any Casualty Loss without Purchaser’s prior written consent, which consent shall not be

unreasonably withheld, conditioned or delayed. For the avoidance of doubt, if such Casualty Loss

is not Material, Purchaser may not elect to terminate this Agreement.

13.3 If such Casualty Loss is not Material, this Agreement shall remain in full

force and effect, and the parties hereto shall proceed to close the transaction contemplated hereby

as scheduled with no adjustment to the Purchase Price. Seller shall perform any necessary repairs

in order to restore the Property to the extent practicable to be at least equal value and of

substantially the same character as the Property was in immediately prior to such casualty, with

such alterations as may reasonably approved by Purchaser and to be performed within a reasonable

period of time. In the event such restoration work, in Seller’s reasonable opinion, is not able to be

completed prior to the Closing, Seller shall deposit with Escrow Agent an amount equal to a

reasonable estimate for the completion of such restoration work.

13.4 With respect to a Casualty Loss, the term “Material” shall mean any

casualty such that the cost of repairing the Premises to a condition substantially similar to what

existed immediately prior to the casualty event would be, in the opinion of an architect selected

by, and unaffiliated with, Seller and reasonably approved by Purchaser, greater than Fifty

Thousand and 00/100 Dollars ($50,000.00).

14.0 TAKINGS.

14.1 Upon the occurrence of any Taking, Seller shall give Purchaser prompt

written notice thereof. If such Taking is Material, then within fifteen (15) days of the receipt of

such notice, Purchaser may elect to terminate this Agreement by giving written notice to Seller,

whereupon this Agreement shall be deemed to be terminated as of the date of such notice, and

neither party shall have any further rights or claims against the other (except for obligations that

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expressly survive the termination of this Agreement). If the Taking is Material and Purchaser

elects to proceed with Closing, this Agreement shall continue in full force and effect, Seller shall

transfer to Purchaser all unpaid claims, awards and other payments arising out of Taking and due

to Seller and Seller shall pay to Purchaser all sums received by Seller as awards or other payments

arising out of such Taking and not theretofore used for restoration or repairs. Unless Purchaser

elects to terminate this Agreement pursuant to this Section 15, Seller shall not voluntarily

compromise, settle or adjust any amounts payable by reason of any Taking without Purchaser's

prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.

For the avoidance of doubt, if such Taking is not Material, Purchaser may not elect to terminate

this Agreement.

14.2 If such Taking is not Material, this Agreement shall remain in full force and

effect, and the parties hereto shall proceed to close the transaction contemplated hereby as

scheduled with no adjustment to the Purchase Price. Seller shall perform any necessary repairs in

order to restore the Property to the extent practicable to be at least equal value and of substantially

the same character as the Property was in immediately prior to such Taking, with such alterations

as may reasonably approved by Purchaser. In the event such restoration work, in Seller’s

reasonable opinion, is not able to be completed prior to the Closing, Seller shall deposit with

Escrow Agent an amount equal to a reasonable estimate for the completion of such restoration

work.

14.3 With respect to a Taking, the term “Material” shall mean any Taking which

permanently materially impairs the current use of the Property or which exceeds Fifty Thousand

and 00/100 Dollars ($50,000.00).

15.0 ESCROW AGENT. Escrow Agent shall hold the Deposit in an escrow

account and shall not be liable to anyone for any damages, loss or expense incurred as a result of

any act or omission of Escrow Agent, unless such damage, loss or expense is caused by Escrow

Agent’s willful misconduct, gross negligence, or fraud. Accordingly, and without limiting the

foregoing, Escrow Agent shall not incur any such liability with respect to: (i) any action taken or

omitted; or (ii) any action taken or omitted in reasonable reliance upon any instrument, including

any written notice or instruction provided for herein, not only as to its due execution by an

authorized person and as to the validity and effectiveness of such instrument, but also as to the

truth and accuracy of any information contained therein. Should any issue or dispute arise, Escrow

Agent shall have no liability to any party hereto for retaining dominion and control over the

Deposit until such issue is resolved by: (i) mutual agreement of the parties; or (ii) final order,

decree or judgment by a court of competent jurisdiction. In no event shall Escrow Agent be under

any duty whatsoever to institute or defend such proceeding. The Parties agree, jointly and

severally, to indemnify and hold harmless Escrow Agent from and against any and all costs, loss,

damage, disbursement, liability, and expense, including reasonable attorneys’ fees and costs,

which may be imposed upon or incurred by Escrow Agent hereunder, or in connection with the

performance of its duties hereunder, including any litigation arising out of this escrow, or involving

the subject matter hereof, except only costs, losses, claims, damages, disbursements, liabilities and

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expenses arising out of Escrow Agent’s acts or omissions for which the Escrow Agent is

adjudicated of having acted with willful misconduct, gross negligence, or fraud by a final decree,

order or judgment of a court of competent jurisdiction from which no appeal is taken within the

applicable appeals period. At no time shall the Deposit be the property of Escrow Agent. Escrow

Agent is a party to this Agreement solely with respect to the provisions relating to the Deposit.

15.1 This Agreement and the Escrow Agreement (if any) shall be considered as

the escrow instructions between the parties, with such further instructions as Escrow Agent shall

require in order to clarify its duties and responsibilities. If Escrow Agent shall require further

Escrow instructions, Escrow Agent may prepare such instructions on its customary form (“Escrow

Agreement”) to be signed by Purchaser and Seller. In the event of any conflict between the terms

and conditions of this Agreement and such further instructions, the terms and conditions of this

Agreement shall control.

16.0 LEASING OF PREMISES. On or before the expiration of the Due

Diligence Period Effective Date, Purchaser and Seller shall negotiate in good faith and sign to

agree upon a lease, (Purchaser’s review of Seller’s proposal is attached to this Contract) pursuant

to which Purchaser shall lease a portion of the Premises to Seller., at the rent and pursuant to the

terms and conditions contained on Exhibit I attached hereto (the “Post-Closing Lease”). Except

with respect to the rights of tenants under the Existing Leases and of Seller under the Post-Closing

Lease, sole and exclusive occupancy of the Property shall be granted to Purchaser at Closing.

Notwithstanding the foregoing or anything herein to the contrary, in the event Purchaser and Seller

are unable to agree upon the terms and conditions of the Post-Closing Lease as set forth herein,

Seller shall have the option to terminate this Agreement prior to the Closing Date or such option

shall be deemed waived and Seller shall have no post closing occupancy rights, in which event

neither party will have any further obligations or liability hereunder, except for those obligations

expressly stated to survive such termination.

17.0 BROKER. Seller and Purchaser agree that this Agreement and the Post-

Closing Lease was brought about without the assistance of any broker or finder. Seller and

Purchaser shall indemnify and defend each other against any costs, or expenses, including

attorneys’ fees, arising out of the breach on their respective parts of the foregoing statement. Seller

agrees that Seller shall be solely responsible for the payment of all commissions or fees due or

owing to any broker in connection with this Agreement and the Post-Closing Lease or the

transactions contemplated hereby. The representations and obligations under this Section 17 shall

survive the Closing, or, if the Closing does not occur, the termination of this Agreement.

18.0 NOTICES. All notices under this Agreement shall be in writing and shall

be sent by e-mail (in “.pdf” or comparable format and provided that in the event of e-mail

transmission, an original or hard copy thereof shall be sent by another method in compliance with

this Section 18) certified or registered mail, return receipt requested, Federal Express, Purolator or

similar private overnight carrier, addressed to the party for which such notice is intended, at such

party’s address set forth below or at such other address as may be provided by such party to the

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other parties by notice complying with this Section. All notices sent pursuant to this Section shall

be deemed effective when deposited in the mail or delivered to the overnight carrier, as the case

may be, addressed as follows:

To the Seller: Rose & Kiernan, Inc.

c/o NFP Corp.

340 Madison Avenue, 20th Floor

New York, New York 10173

Attention: Dan Salomon

E-Mail: dan.salomon@nfp.com

With a copy at the same

time and in a required

manner, to: Vinson & Elkins LLP

1114 Avenue of the Americas

New York, New York 10036

Attention: Julia Sanabria, Esq.

E-Mail: jsanabria@velaw.com

To the Purchaser: Rensselaer County

1600 7th Ave

Troy New York 12180

Attn: County Attorney’s Office

E-Mail: ckempf@rensco.com

19.0 MISCELLANEOUS PROVISIONS.

19.1 This Agreement, and all of its agreements, warranties and representations,

shall survive the Closing and the delivery of the Deeds and other documents required hereby by

Seller to Purchaser.

19.2 This Agreement shall be governed by, and construed in accordance with,

the internal laws of the State of New York, without regard to principles of conflict of laws.

19.3 Should either Seller or Purchaser employ an attorney or attorneys to enforce

any of the provisions hereof, or to protect its interest in any manner arising under this Agreement,

or to recover damages for the breach of this Agreement, the prevailing party shall be entitled to

payment by the other party of all reasonable costs, charges and expenses, including attorney’s fees

in the trial and appellate courts, expended or incurred in connection therewith.

19.4 This Agreement embodies and constitutes the entire understanding between

the parties with respect to the transaction contemplated herein, and all prior agreements,

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understandings, representations and statements, oral or written, are merged into this Agreement.

Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged

or terminated except by an instrument signed by the party against whom enforcement of such

waiver, modification, amendment, discharge or termination is sought, and then only to the extent

set forth in such instrument.

19.5 No waiver by either party hereto of any failure or refusal by the other party

hereto to comply with its obligations hereunder shall be deemed a waiver of any other or

subsequent failure or refusal by such party to so comply.

19.6 The captions in this Agreement are inserted for convenience of reference

only and in no way define, describe or limit the scope or intent of this contract or any of the

provisions hereof.

19.7 Purchaser may assign all of its respective rights under this Agreement to

any other entity or person, provided Purchaser notifies Seller of such assignment at least forty-

eight hours prior to the Closing. Following such notification, Purchaser shall be relieved of all

liability hereunder. This Agreement shall be binding upon and shall inure to the benefit of the

parties hereto and their respective heirs or successors and assigns.

19.8 As used in this Agreement, the masculine shall include the feminine and

neuter, the singular shall include the plural and the plural shall include the singular, as the context

may require.

19.9 This Agreement may be executed in a number of identical counterparts,

each of which for all purposes is to be deemed as original, and all of which constitute, collectively,

one agreement.

19.10 This Agreement shall not be binding or effective until properly executed

and delivered by Seller and Purchaser.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as

of the date first above written.

SELLER:

ROSE & KIERNAN, INC.

By:________________________________

Name:

Title:

PURCHASER

RENSSELAER COUNTY

By:________________________________

Name: Steven F. Mclaughlin

Title: County Executive

EXHIBIT A

LEGAL DESCRIPTION OF PREMISES

(see attached)

EXHIBIT B

BARGIN AND SALE DEED WITH COVENANTS AGAINST GRANTOR ACTS

(to be attached)

EXHIBIT C

PERMITTED ENCUMBRANCES1

1. All future liens for real estate taxes and assessments not yet due and payable .

2. All present and future zoning, building, environmental and other laws, ordinances, codes,

restrictions and regulations of all governmental authorities having jurisdiction with respect

to the Premises, including, without limitation, landmark designations and all zoning

variances and special exceptions, if any.

3. Standard exclusions from coverage contained in the extended coverage form of title policy

or “marked-up” title commitment employed by the Title Company.

4. All rights of Tenants of the Premises, as tenants only, under the Existing Leases containing

no right of purchase or right of first refusal.

5. reserved

6. Any matters arising out of the acts or omissions of Purchaser and those parties claiming

by, through or under Purchaser or acting on behalf of Purchaser, including, without

limitation, any Representatives (as hereinafter defined).

7. The Post-Closing Lease.

1 NTD: To be confirmed.

EXHIBIT D

PERSONAL PROPERTY

[TBD]

EXHIBIT E

RENT ROLL

EXHIBIT F

EXISTING LEASES

That certain Indenture dated as of April 17, 2014 by and between Seller and Optical Center

Tenant.

None.

EXHIBIT G

ASSIGNMENT OF DOCUMENTS

EXHIBIT H

ASSIGNMENT LEASES

EXHIBIT I

LEASE TERMS

1. Monthly rent of $19 per square foot

2. Initial term of one quarter, subject to extension on substantially identical terms.

LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law: G Resolution: X P Resolution:

Title of Legislation: AUTHORIZING THE PURCHASE OF REAL PROPERTY AND

BUILDING AND THE NEGOTIATION, EXECUTION AND DELIVERY OF FINANCING

AGREEMENT AND ENERGY PERFORMANCE CONTRACT WITH SIEMENS INDUSTRY,

INC. FOR THE PURCHASE AND IMPROVEMENTS OF THE BUILDING AND RELATED

LEASE/PURCHASE AGREEMENTS WITH SIMENS PUBLIC, INC. RELATED THERETO

Requested by: Central Services

Sponsor(s):

FISCAL IMPACT

Projected cost of proposed legislation, if any:$10,916,763.00 current year

$ ongoing expenses per year

Method of financing – note all that apply (federal funding, state funding, bonding, tax

levy, etc.):

For federal funding: amount $ and length of time federal

funding is available . Is it available for ongoing

expenses? Yes or No

For state funding: amount $ and length of time state funding

is available . Is it available for ongoing expenses?

Yes or No

If bonded, state amount of total indebtedness this legislation will create and

projected interest cost over the course of borrowing:

Principal $

Total projected interest costs $

Tax levy impact for current year $ and ongoing $

Other (please explain) $

Is this expense or program mandated? Yes No

Length of expense or project (one time only, ongoing, etc.):

Justification for the appropriation/expenditure requested. Include any revenue this will

produce or any expense that will be avoided: $5,200,000.00 real property purchase,

building upfit of $1,800,000.00 and energy performance improvements $3,810,639.00

Department Head

James Gordon

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Grant, Maloney, Weaver

Sent To:

Judiciary & Public Safety

Committee

Date

April 12, 2022

Resolution No. G/2

RESOLUTION CONFIRMING APPOINTMENT OF LINDA MCMAHON AS

ACTING PROBATION DIRECTOR - COUNTY EXECUTIVE

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, The retirement of Laura Bauer, Acting Director of the

Rensselaer County Probation Department has necessitated that the County of

Rensselaer search for her replacement; and

WHEREAS, New York State Executive Law Section 257 provides that all

salaried probation officers and their supervisors, including the director

of every probation department in a county with a population less than

300,000 people, shall be in the competitive class of civil service; and

WHEREAS, In order to appoint a Director of the Rensselaer County

Probation Department, it will be necessary to schedule and hold

civil service testing; and

WHEREAS, In the interim and until a new Director of the Rensselaer

County Probation Department is thereafter located, appointed by the County

Executive, approved by the Chairman and Director of the New York State

Division of Probation and Correctional Alternatives and that appointment is

confirmed by the County Legislature, it is necessary for the Rensselaer

County Probation Department to be headed by an Acting Director; and

WHEREAS, The Rensselaer County Executive has appointed Linda McMahon

as Acting Director of the Rensselaer County Probation Department, pursuant

to Sections 3.04, 3.05 and 18.01 of the Rensselaer County Charter; and

WHEREAS, Robert M. Maccarone, Chairman and Director of the New York

State Division of Probation and Correctional Alternatives, approved said

appointment by correspondence dated July 14, 2021; and

WHEREAS, This appointment is subject to the confirmation by the

Rensselaer County Legislature; now, therefore be it

Resolution No. G/2

Page No. 2 of 2

RESOLVED, That the appointment by the Rensselaer County Executive of

Linda McMahon as Acting Director of the Rensselaer County Probation

Department is hereby confirmed.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

Rensselaer County

Office of County Executive Steven F. McLaughlin

Rensselaer County Government Center

1600 Seventh Avenue, Troy, N.Y. 12180

(518) 270-2900

March 21, 2022

Linda McMahon

547 River Street

Troy, New York 12180

Dear Ms. McMahon:

Thank you for your on-going service as an employee of Rensselaer County. Each employee is a

valued member of our County team, and I hope you are finding your work to be enjoyable and

personally rewarding.

In accordance with Sections 3.04, 3.05 and 18.01 of the Rensselaer County Charter, I am

pleased to hereby appoint you as the Director of the Probation Department for the County of Rensselaer.

By copy of this letter, I am requesting the County Attorney to file this appointment with the

Clerk of the County Legislature within ten (10) days of the date of this letter, as required by Section

3.05 of the Rensselaer County Charter.

A resolution confirming the appointment will be submitted to the County Legislature and you

will receive instructions to take and file an oath of office with the County Clerk.

Again, thank you for your on-going service. If we can answer any questions or be of assistance,

please do not hesitate to contact this office.

Sincerely,

Steven F. McLaughlin

cc: Carl J. Kempf III

Rensselaer County Attorney

ANDREW M. CUOMO

Governor

MICHAEL C. GREEN

Executive Deputy Commissioner

ROBERT M. MACCARONE

Deputy Commissioner and Director

July 14, 2021

Honorable Steven F. McLaughlin

Rensselaer County Executive

1600 Seventh Ave.

Troy, NY 12180

Dear County Executive McLaughlin:

This office has been provided with a copy of your letter to Ms. Linda M. McMahon, dated July 8, 2021,

which advised her of her appointment as the Acting Director of the Rensselaer County Probation Department.

Per that letter, this appointment was effective as of July 9, 2021 at 5:00 PM. A copy of Ms. McMahon’s resume

was also provided to this office along with your letter.

Through Title 9 NYCRR Appendix H-10, Standard Specifications for Professional Probation Positions,

the NYS DCJS Office of Probation and Correctional Alternatives (OPCA) ensures that individuals with the

appropriate experience and qualifications enter, and are candidates for recognized professional positions and

advancement within New York’s 58 probation departments. Please note that the new version of Appendix H-

10, which became effective on May 28, 2019, contains updated job specifications and revised qualifications for

the various professional probation positions. As reflected in the General Group Staffing for Probation Positions

attachment, that revision process also resulted in new groupings of New York’s probation departments. The

Rensselaer County Probation Department’s 2021-2022 Annual Pan reports that the agency employs a Deputy

Probation Director (Group C), six (6) Probation Supervisor 1’s, ten (10) Probation Officer 2/Senior Probation

Officers, and thirty-four (34) Probation Officer 1’s. Accordingly, Rensselaer County is considered a “Group C”

probation department as it “Employs fifty or more professional probation officer (PO) positions at various levels

in a jurisdiction with a population less than 400,000.” Since the population of Rensselaer County is less than

300,000, Executive Law §257 places the Probation Director position in the competitive class of civil service.

Open Competitive

“Graduation from a regionally accredited college or university or one accredited by the New York

State Board of Regents to grant degrees, with a Bachelor’s Degree or higher with at least thirty

(30) credit hours in the social or behavioral sciences and two (2) years of experience as a

Probation Director (Group B) or a Deputy Probation Director (Group C or D), or three (3) years of

experience as a Probation Director (Group A), Deputy Probation Director (Group B), Probation

Supervisor 2/Principal Probation Officer or equivalent experience in a probation agency.”

Promotional

“One (1) year of permanent competitive class service as a Deputy Probation Director (Group C)

or two (2) years of permanent competitive class service as a Probation Supervisor 2/Principal

Probation Officer or four (4) years of permanent competitive class service as a Probation

Supervisor 1.”

A review of Ms. McMahon’s resume indicates that she has served as Deputy Director of the Rensselaer

County Probation Department since 2017, and therefore possesses the minimum experience required under

both the Open Competitive and Promotional specifications for the title of Probation Director (Group C).

This office notes that your letter indicates that Ms. McMahon has been appointed in an “acting”

capacity. However, it does not indicate if this acting capacity is due to the County intent to conduct a search

for other fully qualified candidates before a permanent appointment is made; or to reflect that Ms. McMahon

has been appointed provisionally, pending appointment from a valid civil service list for the position. Any

additional information which you can provide regarding this appointment and intent going forward would be

greatly appreciated. Upon the permanent appointment of Ms. McMahon or other fully qualified candidate as

Probation Director (Group C), please provide this office with a copy of the resolution, or similar documentation.

As you are aware, Probation Directors play very significant roles as leaders in both the juvenile justice

and criminal justice systems in their jurisdictions, so the selection of a candidate with the appropriate

knowledge and professional probation experience, is critical. This office has worked with Ms. McMahon in a

variety of capacities over the years and recognizes her leadership and knowledge will allow her to readily

transition into the role of acting Probation Director. I further would like to acknowledge that upon her

appointment to Deputy Director in 2017, Ms. McMahon attended and fully participated in the Executive

Leadership Training offered by this office, which is a requirement for new Probation Directors. We look forward

to continued collaboration with the Rensselaer County Probation Department. Please do not hesitate to call

should you have any questions.

Sincerely,

Robert M. Maccarone

Deputy Commissioner and Director

cc: Michael C. Green, Executive Deputy Commissioner

Maria Kenneally, NYS Civil Service

Kirstin Bertrand, Rensselaer County Human Resources Coordinator

Linda M. McMahon Acting Director Rensselaer County Probation Department

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Grant, Loveridge, Weaver

Sent To:

Social Services

Committee

Date

April 12, 2022

Resolution No. G/3

RESOLUTION ACCEPTING FUNDING FROM THE NEW YORK STATE OFFICE OF ADDICTION

SERVICES AND SUPPORTS AND AMENDING THE 2022 RENSSELAER COUNTY ADOPTED

BUDGET – MENTAL HEALTH

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, The Rensselaer County Department of Mental Health

(“Department”) acts as a conduit for monies from the New York State Office

of Addiction Services and Supports and various service providers operating

in the County; and

WHEREAS, The Department requests legislative authorization to accept

new funding in the amount of $150,000.00, from the New York State Office

of Addiction Services and Supports to provide Medication Assisted

Treatment in the Rensselaer County Jail for the period January 1, 2022 to

December 31, 2022; now, therefore, be it

RESOLVED, That any positions, programs, expenditures and/or

agreements or contracts authorized or established pursuant to this

resolution shall terminate and cease upon discontinuance of said funding;

and, be it, further

RESOLVED, That the 2022 Rensselaer County Adopted Budget shall be

and hereby is amended as follows:

GENERAL FUND REVENUES

CODE/DESCRIPTION PRESENT CHANGE REVISED

Mental Health – Hudson Mohawk Recovery Center

A.4250.34979 OASAS Med

Assist Treatment $ 0.00 $150,000.00 $150,000.00

Resolution No. G/3

Page No. 2 of 2

GENERAL FUND APPROPRIATIONS

CODE/DESCRIPTION PRESENT CHANGE REVISED

Mental Health – Hudson Mohawk Recovery Center

A.4250.04892 OASAS Med

Assisted Treat $ 0.00 $150,000.00 $150,000.00

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

New York State Office of Addiction Services and Supports

State Aid Funding Authorization

SBRRPALB100

03/04/2022 14:07

Page 1 of 2

35050

35090

40240

42720

70300

Gross Revenue Net

20,000

445,565

338,800

23,430

60,000

211,228

28,463

19,745

127,504

482,552

113,102

Approved

State Aid

3,480

Local

Non-

Funded

2,060,793

60,000

211,228

31,273

1,122,555

Agency 35050 Total:

Agency 35090 Total:

Agency 40240 Total:

Agency 42720 Total:

Agency 70300 Total:

1,232,998

2,810

376,172

827,795

60,000

211,228

28,463

746,383

827,795

60,000

211,228

28,463

742,903

3,480

Hudson-Mohawk

Recovery Center, Inc.

Addictions Care Center

of Albany, Inc.

The Workshop Inc. dba

Northeast Career

Planning

Albany Diocesan School

Board

Rensselaer County

Department of Mental

Health

Rensselaer (42)County:

Restr.

Code

Approved Budgeted Amounts

Funded

Net

827,795

60,000

211,228

28,463

746,383

One-

time

Direct

013S

013F

013S

013F

013S

013F

013S

Funding

Code/Source

52989

50345

52514

52077

53383

52484

90241

70015

53085

90063

90821

PRU

0810

3520

3570

3580

4080

4072

5520

0890

0950

5520

5550

Program

Code/Index

Init

Code

Agency

Number/Name

HudsonRegion: 2020Fiscal Year :

20,000

1,335,565

506,048

199,180

60,000

211,228

31,273

35,257

127,504

834,011

125,783

890,000

167,248

175,750

2,810

12,032

351,459

12,681

20,000

445,565

338,800

23,430

60,000

211,228

28,463

23,225

127,504

482,552

113,102

20,000

445,565

338,800

23,430

60,000

211,228

28,463

23,225

127,504

482,552

113,102

03/04/2022As of:

All

New York State Office of Addiction Services and Supports

State Aid Funding Authorization

SBRRPALB100

03/04/2022 14:07

Page 2 of 2

Gross Revenue Net Approved

State Aid Local

Share Non-

Funded

Rensselaer (42)County:

3,485,849

County Rensselaer (42) Summary - All Agencies: 1,611,980 1,873,869 1,870,389 3,480 0

Restr.

Code

Approved Budgeted Amounts

Funded

Net

1,873,869

One-

time

Direct Funding

Code/Source

PRU

Program

Code/Index

Init

Code

Agency

Number/Name

HudsonRegion:

0Less Direct Contracts/DASNY: 0 0 0 0 0 0

3,485,849Approved LGU Funding: 1,611,980 1,873,869 1,870,389 3,480 0 1,873,869

Signature Date

2020Fiscal Year : 03/04/2022As of:

All

From: OASAS.sm.OASASBudget [mailto:OASAS.sm.OASASBudget@oasas.ny.gov]

Sent: Friday, March 4, 2022 2:29 PM

To: Coons, Kathy

Cc: OASAS.sm.Grants; OASAS.sm.APStAid; Czubak, Deborah (OASAS); Wojcik, Mark; Goff, Rich

Subject: Revised 2020 OASAS SAFA - Rensselaer County 2022-03-04

KATHY HOCHUL

Governor

DR. CHINAZO CUNNINGHAM

Commissioner

Attached please find a revised 2022 Office of Addiction Services and Supports (OASAS) State Aid Funding

Authorization (SAFA) for your County.

The attached revised SAFA reflects:

the removal of $50,000 in unspent one-time-only jail-based initiative funds under program code 477800.

These funds will be moved to the 2022 SAFA for use in the current period.

Please return a signed copy of this SAFA within 30 days to Grants@OASAS.ny.gov or by mail to:

NYS OASAS

Bureau of Contracts and Procurements, 5th Floor

1450 Western Avenue

Albany, NY 12202

If you have any questions, please email OASASBudget@OASAS.ny.gov, copying your Regional Office

representative.

Sincerely,

Kären E. Telfeyan

Director, Bureau of Budget Management

NYS Office of Addiction Services and Supports (NYS OASAS)

1450 Western Ave., Albany, NY 12203-3526 | 501 7th Ave. New York, NY 10018-5903

https://oasas.ny.gov/

LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law:________ G Resolution:________ P Resolution:_________

Title of Legislation:__________________________________________________________

Requested by:______________________________________________________________

Sponsor(s):________________________________________________________________

FISCAL IMPACT

1) Projected cost of proposed legislation, if any:$_______________ current year

$______________ ongoing expenses per year

2) Method of financing – note all that apply (federal funding, state funding, bonding, tax

levy, etc.):_____________________________________________________

a) For federal funding: amount $____________ and length of time federal

funding is available __________________. Is it available for ongoing

expenses? Yes ______ or No _________

b) For state funding: amount $______________ and length of time state funding

is available ____________________. Is it available for ongoing expenses?

Yes ______ or No ________

c) If bonded, state amount of total indebtedness this legislation will create and

projected interest cost over the course of borrowing:

Principal $_______________

Total projected interest costs $________________

d) Tax levy impact for current year $____________ and ongoing $__________

e) Other (please explain) $____________

3) Is this expense or program mandated? Yes ___________ No __________

4) Length of expense or project (one time only, ongoing, etc.):_______________

5) Justification for the appropriation/expenditure requested. Include any revenue this will

produce or any expense that will be avoided:___________________________________

________________________________________________________________________

Department Head

________________________________

OASAS aid adjustment’s to Rensselaer County through the Mental Health Department funding for Medication Assisted Treatment at the Rensselaer County Jail .

Rensselaer County Department of Mental Health

150,000

-0-

N/A

150,000

2022

xxx annual review

xxx

2022 annual review by OASAS

Funding request for the Rensselaer County

Department of Mental Health through a legislative grant through the NYS Office of Addiction Services and Supports

Addiction Services and Supports to provide $150,000 in funding for the Medication Assisted Treatment Services in the

Rensselaer County Correctional Facility.

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Bayly, Hoffman, Grimm

Sent To:

Budget & Finance

Committee

Date

April 12, 2022

Resolution No. G/4

RESOLUTION AUTHORIZING AND DIRECTING THE RENSSELAER COUNTY CHIEF FISCAL OFFICER

TO CORRECT THE 2018 THROUGH THE 2022 TAX ROLLS FOR THE TOWN OF HOOSICK

– BUREAU OF FINANCE

WHEREAS, This Resolution is filed with the Rensselaer County Legislature by

the Rensselaer County Executive; and

WHEREAS, Pursuant to Article 5, Section 558 of the New York State Real

Property Tax Law, the tax levying body at a regular or special meeting, upon the

presentation of an application filed pursuant to this section, shall examine the

application and approve said application where it is determined that an error

does exist; and

WHEREAS, The parcel located on 107 Main Street in Hoosick Falls will be

purchased by the Village of Hoosick Falls under the WoodsBrook Dormitory

Authority State of New York Grant, to be demolished using Grant funds, making the

parcel available for use by the public and being owned by a wholly exempt

government organization; and

WHEREAS, The building has been appraised for $16,000.00, with the full

purchase price of $16,000.00 being turned over to Rensselaer County subsequent to

approval by this legislative action, to satisfy any and all delinquent taxes, and

WHEREAS, Pursuant to Article 5, Section 558 of the Real Property Tax Law the

County Legislature shall direct tax cancellation of a tax where the lien of such

tax is rendered permanently unenforceable and uncollectable by operation of the

provisions of said statue; now therefore, be it

RESOLVED, That the Rensselaer County Chief Fiscal Officer is hereby

authorized and directed to correct the 2018-2022 Hoosick Tax Rolls by making the

following corrections and write-off taxes due on said parcel.

TOWN OF HOOSICK

2018 TAXES CORRECTED

ASSESSED TO TAX MAP NUMBER ORIGINALLY DUE TAX

Benkoski 27.19-11-7 $4,261.31 $ .00

2019 TAXES CORRECTED

ASSESSED TO TAX MAP NUMBER ORIGINALLY DUE TAX

Benkoski 27.19-11-7 $4,008.67 $ .00

Resolution No. G/4

Page No. 2 of 2

2020 TAXES CORRECTED

ASSESSED TO TAX MAP NUMBER ORIGINALLY DUE TAX

Benkoski 27.19-11-7 $3,544.35 $ .00

2021 TAXES CORRECTED

ASSESSED TO TAX MAP NUMBER ORIGINALLY DUE TAX

Benkoski 27.19-11-7 $3,088.36 $ .00

2022 TAXES CORRECTED

ASSESSED TO TAX MAP NUMBER ORIGINALLY DUE TAX

Benkoski 27.19-11-7 $1,286.07 $ .00

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law:________ G Resolution:__X____ P Resolution:_________

Title of Legislation: Correcting Hoosick Town tax rolls for conveyance of

property to town.

Requested by: Bureau of Finance

Sponsor(s):_____________________________________________________

FISCAL IMPACT

1) Projected cost of proposed legislation, if any: $ 188.76 current year

$ 0 second year

2) Method of financing – note all that apply (federal funding, state funding, bonding, tax levy, etc.): N.A.

a) For federal funding: amount $____________ and length of time federal funding is available

__________________. Is it available for ongoing expenses? Yes ______ or No _________

b) For state funding: amount $________and length of time state funding is available _________.

Is it available for ongoing expenses? Yes ______ or No _____

c) If bonded, state amount of total indebtedness this legislation will create and projected

interest cost over the course of borrowing:

Principal $ 0

Total projected interest costs $ 0.

d) Tax levy impact for current year: $ 188.76

e) Other (please explain) $____________

3) Is this expense or program mandated? Yes __________ No ________

4) Length of expense or project (one time only, ongoing, etc.): None

5) Justification for the appropriation/expenditure requested.

This resolution will convey delinquent property to Town of Hoosick for public use. The town will pay

expenses for demolition and site preparation with a state grant. The county will receive appraised

value for property.

Department Head

Mark Wojcik

LEGISLATIVE FISCAL IMPACT STATEMENT

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Herrington, Casale, Nichols

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/5

RESOLUTION AMENDING THE 2022 RENSSELAER COUNTY ADOPTED BUDGET FOR THE SAFE SUMMER

NY 2021 FUNDS – UNITED FAMILY SERVICES – YOUTH SERVICES

WHEREAS, This Resolution is filed with the Rensselaer County Legislature by

the Rensselaer County Executive; and

WHEREAS, Rensselaer County Department for Youth has been awarded $97,500.00

from the New York State Office of Children and Family Services for the period of

July 1, 2021 through March 30, 2022 per resolution no. G/403/21; and

WHEREAS, The Safe Summer NY 2021 funding will be utilized to administer grants

to local organizations to provide youth engagement activities in neighborhoods with

high rates of gun violence; and

WHEREAS, During fiscal year 2021, the Department of Youth did not expend all

the funds received, therefore, requesting to roll the funds into the fiscal year

2022 budget; now, therefore, be it

RESOLVED, That any positions, programs, expenditures and/or agreements or

contracts authorized or established pursuant to this resolution shall terminate

and cease upon discontinuance of said funding; and, be it further

RESOLVED, That the 2022 Rensselaer County Adopted Budget shall be and hereby

is amended as follows:

GENERAL FUND REVENUE

CODE/DESCRIPTION

PRESENT

CHANGE

REVISED

Youth Services

A.7310.38201 OCFS.2021.38201

Youth Programs - General

$0.00

$4,147.00

Resolution No. G/5

Page No. 2 of 2

GENERAL FUND APPROPRIATIONS

CODE/DESCRIPTION

PRESENT

CHANGE

REVISED

Probation

A.3140.04700 OCFS

PROB.2021.04700

Program Expenditures

$0.00

$4,147.00

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

LEGISLATIVE FISCAL IMPACT STATEMENT- 2022

Type of Legislation: Local Law: ________ G Resolution: X P Resolution: ________

Title of Legislation: Resolution Amending Funds for the Safe Summer 2021 Program and Amending the 2022 Adopted Budget.

Requested by: Youth Department

Sponsor(s): Legislative Youth Committee

FISCAL IMPACT

1.) Projected cost of proposed legislation, if any: $ 4,147.00 current year

$________________ongoing expenses per year

2.) Method of financing – note all that apply (federal funding, state funding, bonding, tax

levy, etc) State Funding

a) For Federal Funding: amount $ and length of time federal funding is

available . Is it available for ongoing expenses?

Yes ____ or NO X .

b) For State Funding: amount $ 97,500.00 and length of time state funding is available 07/01/21 – 03/30/22 Is it available for

ongoing expenses? Yes___ or No X .

c) If bonded, state amount of total indebtedness this legislation will create and

projected interest cost over the course of borrowing:

Principal $_______________

Total projected interest costs $________________

d) Tax Levy impact for current year $ ________________and ongoing $ _________

e) Other (please explain) $ ____________________

3.) Is this expense or program mandated? Yes___________ No X

4.) Length of expense or project (one time only, ongoing, etc.): 07/01/21 – 03/30/22

5.) Justification for the appropriation/expenditure requested. Include any revenue this will produce or any expenses that will be avoided: The

Safe Summer NY 2022 funding will be utilized to reimburse local organizations that received the funding to provide youth engagement activities

in neighborhoods with high rates of gun violence.

Pierce Hoyt

Deputy Commissioner

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Grant, Maloney, Weaver

Sent To:

Judiciary & Public Safety

Committee

Date

April 12, 2022

Resolution No. G/6

RESOLUTION AUTHORIZING A CHANGE ORDER FOR THE FIRE TRAINING CENTER – BUREAU OF

PUBLIC SAFETY

WHEREAS, This Resolution is filed with the Rensselaer County Legislature by

the Rensselaer County Executive; and

WHEREAS, Resolution G/278/19 was passed for the construction of a new

fire training structure; and

WHEREAS, The Bureau of Public Safety seeks legislative approval for change

orders to the new fire training structure; and

WHEREAS, The change orders are for additional concrete, labor related to the

pouring of concrete and additional labor for changes outside the original scope

of work to the fire training structure for a total of $68,225.00; and

WHEREAS, The purchase is made in accordance with the policies and procedures

set forth in the Rensselaer County Purchasing Guidelines; and

WHEREAS, The total amount to be expended over the life of the same, which

shall not exceed budgeted appropriations, and the name and address of the

contracting party are as follows:

CONTRACT VENDOR APPROPRIATION

CONTRACT

DESCRIPTION CODE AMOUNT

Fire WHP Trainingtowers H.3097.02500.H1176 $

670,775.00

Training 519 Duck Rd.

Structure Grandview, Missouri 64030

; now, therefore, be it

RESOLVED, That the Rensselaer County Executive, or the Director of Bureau of

Central Services is authorized to signed the above-referenced change order.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law:________ G Resolution:____x____ P

Resolution:_________

Title of Legislation:_Resolution authorizing an amendment to Resolution Number

G/278/19 ____________

Requested by:_Jay Wilson_____________________________________________________

Sponsor(s):________________________________________________________________

FISCAL IMPACT

1) Projected cost of proposed legislation, if any:$_670,775.00___________

current year

$______________ ongoing expenses per year

2) Method of financing – note all that apply (federal funding, state funding,

bonding, tax levy, etc.):__state

funding_______________________________________

a) For federal funding: amount $____________ and length of time federal

funding is available __________________. Is it available for ongoing

expenses? Yes ______ or No _________

b) For state funding: amount $_400,000.00________ and length of time

state funding is available _until December 31, 2022

___________________. Is it available for ongoing expenses? Yes

______ or No ___x_____

c) If bonded, state amount of total indebtedness this legislation will

create and projected interest cost over the course of borrowing:

Principal $_______________

Total projected interest costs $________________

d) Tax levy impact for current year $__270,775.00__ and ongoing

$__________

e) Other (please explain) $____________

3) Is this expense or program mandated? Yes ___________ No ____x______

4) Length of expense or project (one time only, ongoing, etc.):__one

time_____________

5) Justification for the appropriation/expenditure requested. Include any

revenue this will produce or any expense that will be avoided:__This purchase

is to provide for the new Fire Training Structure. Not all of these expenses

will come out of the county tax levy._

Department Head

________________________________

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Herrington, Bayly, Fleming

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/7

RESOLUTION AUTHORIZING PURCHASES FROM COUNTY OF SARATOGA OF VARIOUS

HIGHWAY PAVEMENT RECLAMATION CONTRACTS – HIGHWAY DEPARTMENT

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, The Highway Department requires surface treatments for

reconstruction of portions of the County highway system; and

WHEREAS, The County of Saratoga has entered into an additional single

year bid extension (20-PWPR-28R) for Various Highway Pavement Reclamation

(Section 1.0 Planing and Texturing Cold Milling of Asphalt Pavement;

Section 2.0 Bituminous Asphalt Pavement Heating & Scarifying; Section 3.0

Full Depth Reclamation (Hammermill Process), Full Depth Following In-Place

Recycled Base Course; Section 4.0 In-Place Recycled Base Course (Base

Reclaiming Process); Section 5.0 Cold In-Place Recycling; Section 6.0 Cold

In-Place Recycling w/Foamed Asphalt; Section 7.0 Cold In-Place Surface

Recycling; Section 8.0 Test Hole; Section 9.0 Asphalt Price Adjustment),

such contract also providing labor and traffic control services; and

WHEREAS, An essential component of the contracts entered into by

Saratoga County provides that the respective bid prices received by the

County shall be available to local governments of New York State; and

WHEREAS, The names and addresses of the contracting parties, the

start and end dates of the desired agreements, the designated sources of

funding being limited to budget appropriation codes D.5110.04500,

D.5112.04500 and D.5112.04800, and the total amount to be expended over

the life of the agreements, which shall not exceed budgeted

appropriations, are as follows:

Resolution No. G/7

Page No. 2 of 3

CONTRACT DESCRIPTION

AND DATES

VENDOR

ESTIMATED AMOUNT

OF CONTRACT

Various Highway

Pavement Reclamation

Section 4.0 (In-Place

Recycled Base Course)

1/1/22 – 12/31/22

Gorman Brothers, Inc.

200 Church Street

Port of Albany

Albany, NY 12202

$100,000.00

Various Highway

Pavement Reclamatio

Section 5.0 (Cold In-

Place Recycling)

1/1/22 – 12/31/22

Gorman Brothers, Inc.

200 Church Street

Port of Albany

Albany, NY 12202

$120,000.00

Various Highway

Pavement Reclamation

Section 5.0 (Cold In-

Place Recycling)

1/1/22 – 12/31/22

Peckham Road Corp.

375 Bay Road

Suite 201

Queensbury, NY 12804

$75,000.00

Various Highway

Pavement Reclamation

Section 7.0 (Cold In-

Place Surface

Recycling)

1/1/22 – 12/31/22

Various Highway

Pavement Reclamation

Section 7.0 (Cold In-

Place Surface

Recycling)

1/1/22 – 12/31/22

Gorman Brothers, Inc.

200 Church Street

Port of Albany

Albany, NY 12202

Peckham Road Corp.

375 Bay Road

Suite 201

Queensbury, NY 12804

$100,000.00

$10

0,000.00

Various Highway

Pavement Reclamation

Section 8.0 (Test

Hole)

1/1/22 – 12/31/22

Gorman Brothers, Inc.

200 Church Street

Port of Albany

Albany, NY 12202

$5,000.00

; now, therefore, be it

Resolution No. G/7

Page No. 3 of 3

RESOLVED, That the Director of the Bureau of Central Services is

authorized to signpurchase orders with the above-referenced vendors for

the above described materials and services; and, be it further

RESOLVED, That pursuant to Section 3.03 of the Rensselaer County

Charter, the authorization hereby provided shall be retroactive to the

actual date that materials and/or services were provided.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

BID RECAP - PAVEMENT RECLAMATION - 20-PWPR-28R Bid Period 1/1/20 - 12/31/20

SECTION 1.0 PLANING & TEXTURIZING COLD MILLING OF ASPHALT PAVEMENT:

ITEM # DESCRIPTION

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Co. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

1 0 - 500 sq. yd.

1" - 2" depth $22.00 $25.00 NO BID NO BID NO BID NO BID $14.70 $14.70 $15.35 $15.35 $6.40 $7.15 $13.68 $15.67 $11.00 $10.00 NO BID NO BID

1" additional depth PLUS $0.75 $0.75 NO BID NO BID NO BID NO BID $0.27 $0.27 $0.25 $0.25 $6.70 $7.45 $0.45 $0.45 $0.25 $0.25 NO BID NO BID

each additional inch over 3" PLUS $0.75 $0.75 NO BID NO BID NO BID NO BID $0.16 $0.16 $0.15 $0.15 $7.00 $7.75 $0.45 $0.45 $0.25 $0.25 NO BID NO BID

2 501 - 1,000 sq. yd.

1" - 2" depth $14.00 $17.00 NO BID NO BID NO BID NO BID $6.30 $6.30 $11.10 $11.10 $5.60 $6.30 $5.75 $5.99 $7.00 $6.00 NO BID NO BID

1" additional depth PLUS $0.75 $0.75 NO BID NO BID NO BID NO BID $0.11 $0.11 $0.15 $0.15 $5.90 $6.60 $0.10 $0.15 $0.25 $0.25 NO BID NO BID

each additional inch over 3" PLUS $0.75 $0.75 NO BID NO BID NO BID NO BID $0.16 $0.16 $0.15 $0.15 $6.20 $6.90 $0.15 $0.15 $0.25 $0.25 NO BID NO BID

3 1,001 - 2,000 sq. yd.

1" - 2" depth $7.00 $8.00 NO BID NO BID NO BID NO BID $3.15 $3.15 $3.51 $3.51 $3.80 $4.50 $2.63 $3.02 $4.60 $4.00 NO BID NO BID

1" additional depth PLUS $0.75 $0.75 NO BID NO BID NO BID NO BID $0.11 $0.11 $0.10 $0.10 $3.95 $4.65 $0.10 $0.10 $0.25 $0.25 NO BID NO BID

each additional inch over 3" PLUS $0.75 $0.75 NO BID NO BID NO BID NO BID $0.16 $0.16 $0.15 $0.15 $4.10 $4.80 $0.15 $0.15 $0.25 $0.25 NO BID NO BID

4 2,001 - 3,000 sq. yd.

1" - 2" depth $4.00 $5.00 NO BID NO BID NO BID NO BID $2.10 $2.10 $2.11 $2.11 $2.65 $3.35 $1.76 $2.36 $4.10 $3.50 NO BID NO BID

1" additional depth PLUS $0.50 $0.50 NO BID NO BID NO BID NO BID $0.11 $0.11 $0.10 $0.10 $2.80 $3.50 $0.10 $0.10 $0.25 $0.25 NO BID NO BID

each additional inch over 3" PLUS $0.50 $0.50 NO BID NO BID NO BID NO BID $0.16 $0.16 $0.15 $0.15 $2.95 $3.65 $0.15 $0.15 $0.25 $0.25 NO BID NO BID

5 3,001 - 4,000 sq. yd.

1" - 2" depth $3.50 $4.50 NO BID NO BID NO BID NO BID $1.58 $1.58 $1.50 $1.50 $2.45 $3.15 $1.32 $1.95 $3.10 $2.50 NO BID NO BID

1" additional depth PLUS $0.50 $0.50 NO BID NO BID NO BID NO BID $0.11 $0.11 $0.10 $0.10 $2.65 $3.35 $0.10 $0.10 $0.50 $0.50 NO BID NO BID

each additional inch over 3" PLUS $0.50 $0.50 NO BID NO BID NO BID NO BID $0.16 $0.16 $0.15 $0.15 $2.80 $3.50 $0.15 $0.15 $0.50 $0.50 NO BID NO BID

6 4,001 - 5,000 sq. yd.

1" - 2" depth $3.00 $3.75 NO BID NO BID NO BID NO BID $1.53 $1.53 $1.50 $1.50 $1.65 $2.35 $1.31 $1.90 $2.10 $1.50 NO BID NO BID

1" additional depth PLUS $0.30 $0.30 NO BID NO BID NO BID NO BID $0.11 $0.11 $0.10 $0.10 $1.80 $2.50 $0.10 $0.10 $0.75 $0.75 NO BID NO BID

each additional inch over 3" PLUS $0.30 $0.30 NO BID NO BID NO BID NO BID $0.16 $0.16 $0.15 $0.15 $1.95 $2.65 $0.15 $0.15 $0.75 $0.75 NO BID NO BID

7 over 5,000 sq. yd.

1" - 2" depth $1.50 $2.20 NO BID NO BID NO BID NO BID $1.37 $1.37 $1.28 $1.28 $1.08 $1.82 $0.96 $1.49 $2.00 $1.39 NO BID NO BID

1" additional depth PLUS $0.25 $0.25 NO BID NO BID NO BID NO BID $0.11 $0.11 $0.10 $0.10 $1.18 $1.99 $0.10 $0.10 $1.00 $0.70 NO BID NO BID

each additional inch over 3" PLUS $0.25 $0.25 NO BID NO BID NO BID NO BID $0.16 $0.16 $0.15 $0.15 $1.28 $2.16 $0.15 $0.15 $1.00 $0.70 NO BID NO BID

Gorman Bros.

NO BID

Kimberly A. Wilson

518-462-5401

Callanan Industries, Inc.

ADD - Contractor supplied maintenance & protection of traffic

Adam Hershberg

518-374-2222

$1.25

Highway Rehabilitation

Corp.

NO BID

Christine Magee

845-278-9645

Peckham Road Corp.

Mark Petramale

518-792-3157

NO BID

518-792-5864

518-956-4407

518-275-0226

518-356-1119

$0.68

$0.27

$0.30

$0.35

Kubricky Construction

Corp.

Evolution Construction

Services

New Castle Paving, LLC

Empire Paving

of Schenectady

Michael Dunn

Jeffery Russo

Dale Swartwout

Richard Longo

Bell & Flynn, LLC

Brian Bell

603-778-8511

NO BID

SECTION 2.0 BITUMINOUS ASPHALT PAVEMENT HEATING & SCARIFYING:

ITEM # DESCRIPTION

Priv. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

Priv. Trucks

per sq. yd.

1 Option A - with contractor roller & operator

0 - 10,000 sq. yd. NO BID NO BID $7.65 NO BID NO BID NO BID NO BID NO BID NO BID

10,001 - 20,000 sq. yd. NO BID NO BID $6.40 NO BID NO BID NO BID NO BID NO BID NO BID

20,001 - 30,000 sq. yd. NO BID NO BID $5.18 NO BID NO BID NO BID NO BID NO BID NO BID

over 30,000 sq.yd. NO BID NO BID $4.68 NO BID NO BID NO BID NO BID NO BID NO BID

2 NO BID NO BID $0.24 NO BID NO BID NO BID NO BID NO BID NO BID

SECTION 3.0 FULL DEPTH RECLAMATION (Hammermill Process):

A. Full Depth

ITEM # DESCRIPTION per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

1 0 to 6" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.55 $6.15

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.35 $5.95

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.25 $5.85

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.15 $5.75

2 >6 to 8" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.65 $6.25

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.45 $6.05

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.35 $5.95

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.25 $5.85

3 >8 to 10" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.75 $6.35

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.55 $6.15

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.45 $6.05

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.35 $5.95

4 >10 to 12" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.85 $6.45

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.65 $6.25

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.55 $6.15

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.45 $6.05

5 >12 to 15" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $6.05 $6.65

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.85 $6.45

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.75 $6.35

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.65 $6.25

SECTION 3.0 FULL DEPTH RECLAMATION (Hammermill Process):

A. Full Depth (cont'd.)

ITEM # DESCRIPTION per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

6 >15 to 18" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $6.25 $6.85

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $6.05 $6.65

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.95 $6.55

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.85 $6.45

Gorman Bros.

NO BID

Gorman Bros.

ADD - Contractor supplied maintenance & protection of traffic

NO BID

Callanan Industries, Inc.

BID RECAP - Pavement Reclamation - 20-PWPR-28R - page 2 of 5

ADD - Contractor supplied maintenance & protection of traffic

Callanan Indutries, Inc.

Highway Rehabilitation

NO BID

Highway Rehabilitation

Peckham Road Corp.

NO BID

Kubricky Construction

Evolution Construction

New Castle Paving

Empire Paving

NO BID

Kubricky Construction

Evolution Construction

New Castle Paving

Empire Paving

Kubricky Construction

Evolution Construction

New Castle Paving

Empire Paving

Bell & Flynn, LLC

$0.75

B. Full Depth Following In-Place Recycled Base Course

(average depth per job does not include depth of scarification work described in Section 4.0)

ITEM # DESCRIPTION

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

1 4 to 10" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.75 $5.35

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.55 $5.15

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.45 $5.05

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.35 $4.95

2 >10 to 13" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.85 $5.45

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.65 $5.25

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.55 $5.15

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.45 $5.05

3 >13 to 15" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.95 $5.55

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.75 $5.35

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.65 $5.25

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.55 $5.15

4 >15 to 18" average depth per job

0 - 8,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $5.05 $5.65

8,001 - 15,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.85 $5.45

15,001 - 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.75 $5.35

over 25,000 sq.yd. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.65 $5.25

Gorman Bros.

NO BID

Callanan Industries, Inc.

ADD - Contractor supplied maintenance & protection of traffic

Highway Rehabilitation

NO BID

Peckham Road Corp.

NO BID

Kubricky Construction

Evolution Construction

New Castle Paving

Empire Paving

NO BID

Bell & Flynn, LLC

BID RECAP - Pavement Reclamation - 20-PWPR-28R - page 3 of 5

$0.50

SECTION 4.0 IN-PLACE RECYCLED BASE COURSE (Base Reclaiming Process):

ITEM # DESCRIPTION

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

RECYCLE

per sq. yd.

RECYCLE,

SHAPE

& COMPACT

per sq. yd.

1 0 to 6" average depth per job

0 - 8,000 sq.yd. NO BID NO BID $1.00 $1.75 NO BID NO BID $1.00 $1.63 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

8,001 - 15,000 sq. yd. NO BID NO BID $0.80 $1.50 NO BID NO BID $0.84 $1.58 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

15,001 - 25,000 sq.yd. NO BID NO BID $0.75 $1.40 NO BID NO BID $0.79 $1.47 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

over 25,000 sq.yd. NO BID NO BID $0.73 $1.40 NO BID NO BID $0.78 $1.47 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

2 >6 to 8" average depth per job

0 - 8,000 sq.yd. NO BID NO BID $1.00 $1.75 NO BID NO BID $1.00 $1.63 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

8,001 - 15,000 sq. yd. NO BID NO BID $0.80 $1.50 NO BID NO BID $0.84 $1.58 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

15,001 - 25,000 sq.yd. NO BID NO BID $0.75 $1.40 NO BID NO BID $0.79 $1.47 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

over 25,000 sq.yd. NO BID NO BID $0.73 $1.40 NO BID NO BID $0.78 $1.47 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

3 >8 to 10" average depth per job

0 - 8,000 sq.yd. NO BID NO BID $1.05 $1.80 NO BID NO BID $1.00 $1.63 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

8,001 - 15,000 sq. yd. NO BID NO BID $0.80 $1.55 NO BID NO BID $0.84 $1.58 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

15,001 - 25,000 sq.yd. NO BID NO BID $0.75 $1.45 NO BID NO BID $0.79 $1.47 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

over 25,000 sq.yd. NO BID NO BID $0.73 $1.45 NO BID NO BID $0.78 $1.47 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

4 >10 to 12" average depth per job

0 - 8,000 sq.yd. NO BID NO BID $1.10 $1.80 NO BID NO BID $1.16 $1.79 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

8,001 - 15,000 sq. yd. NO BID NO BID $0.80 $1.60 NO BID NO BID $1.10 $1.73 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

15,001 - 25,000 sq.yd. NO BID NO BID $0.75 $1.50 NO BID NO BID $1.05 $1.68 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

over 25,000 sq.yd. NO BID NO BID $0.73 $1.50 NO BID NO BID $1.05 $1.68 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

SECTION 5.0 COLD IN-PLACE RECYCLING:

ITEM # DESCRIPTION

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

1 0 - 10,000 sq. yd. NO BID NO BID $3.35 $3.50 NO BID NO BID $3.04 $3.09 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

2 10,001 - 20,000 sq. yd. NO BID NO BID $2.75 $2.75 NO BID NO BID $2.67 $2.72 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

3 20,001 - 30,000 sq. yd. NO BID NO BID $2.40 $2.40 NO BID NO BID $2.46 $2.51 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

4 over 30,000 sq. yd. NO BID NO BID $2.13 $2.18 NO BID NO BID $2.25 $2.35 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

5 HFMS-2

Gorman Bros.

ADD - Contractor supplied maintenance & protection of traffic

to be applied at a controlled rate of 1 gal./sq. yd.

(adjustment as required for field conditions)

(bid price includes delivery, in-place mixed)

NO BID

Liquid Calcium Chloride, summer solution 35% ± 1%

NO BID

BID RECAP - Pavement Reclamation - 20-PWPR-28R - page 4 of 5

Callanan Industries, Inc.

NO BID

Highway Rehabilitation

NO BID

$0.95

$0.30

Highway Rehabilitation

NO BID

Gorman Bros.

$2.35

$0.35

Peckham Road Corp.

$2.47

$0.26

Peckham Road Corp.

$1.02

$0.26

Kubricky Construction

Evolution Construction

New Castle Paving

Empire Paving

NO BID

$0.25

Kubricky Construction

Evolution Construction

New Castle Paving

Empire Paving

NO BID

Bell & Flynn, LLC

NO BID

Bell & Flynn, LLC

NO BID

SECTION 6.0 COLD IN-PLACE RECYCLING W/FOAMED ASPHALT:

ITEM # DESCRIPTION

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

3" DEPTH

per sq. yd.

4" DEPTH

per sq. yd.

1 0 - 10,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID $3.03 $3.09 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

2 10,001 - 20,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID $2.67 $2.72 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

3 20,001 - 30,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID $2.46 $2.51 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

4 over 30,000 sq. yd. NO BID NO BID NO BID NO BID NO BID NO BID $2.25 $2.35 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID

5 PG Binder Asphalt for Foaming

SECTION 7.0 COLD IN-PLACE SURFACE RECYCLING:

ITEM # DESCRIPTION BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE

A) Cold In-Place Surface Recycling

1 0 - 10,000 sq. yd. NO BID $3.25 NO BID $3.25 NO BID NO BID NO BID NO BID NO BID

2 10,001 - 20,000 sq. yd. NO BID $2.40 NO BID $2.85 NO BID NO BID NO BID NO BID NO BID

3 20,001 - 30,000 sq. yd. NO BID $2.20 NO BID $2.35 NO BID NO BID NO BID NO BID NO BID

4 over 30,000 sq. yd. NO BID $2.00 NO BID $2.10 NO BID NO BID NO BID NO BID NO BID

B) Asphalt Emulsion

5 CSS-1 (702-4401) or CSS1H (702-4501) NO BID $2.25 NO BID $2.75 NO BID NO BID NO BID NO BID NO BID

C) Portland Cement

6 Type I or Type II NO BID $275.00 NO BID $265.00 NO BID NO BID NO BID NO BID NO BID

D) Aggregate

7 Conforming to Section 703-01 NO BID $25.00 NO BID $30.00 NO BID NO BID NO BID NO BID NO BID

E) Optional

8 NO BID $0.35 NO BID $0.26 NO BID NO BID NO BID NO BID NO BID

SECTION 8.0 TEST HOLE (if applicable):

ITEM # DESCRIPTION

BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE BID PRICE

1 Test Hole (if applicable) price per foot NO BID $25.00 NO BID $50.00 NO BID NO BID NO BID NO BID NO BID

SECTION 9.0 ASPHALT PRICE ADJUSTMENT: Base average based on November 2019 is $521.00/U.S. ton

Callanan Industries, Inc.

ADD - Contractor supplied maintenance & protection of traffic

Callanan Industries, Inc.

NO BID

BID RECAP - Pavement Reclamation - 20-PWPR-28R - page 5 of 5

NO BID

Highway Rehabilitation

NO BID

Highway Rehabilitation

Gorman Bros.

$2.36

$0.26

Peckham Road Corp.

Highway Rehabilitation

Gorman Bros.

NO BID

Peckham Road Corp.

Empire Paving

Kubricky Construction

Evolution Construction

New Castle Paving

Empire Paving

NO BID

Bell & Flynn, LLC

Kubricky Construction

Evolution Construction

New Castle Paving

Empire Paving

NO BID

Kubricky Construction

Evolution Construction

New Castle Paving

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Herrington, Bayly, Fleming

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/8

RESOLUTION AUTHORIZING CONTRACTS FOR PURCHASE OF LIQUID BITUMINOUS

ASPHALT MATERIALS – HIGHWAY DEPARTMENT

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, The Highway Department requires liquid bituminous asphalt

materials to provide surface treatments for the County Highway System; and

WHEREAS, Bids for liquid bituminous asphalt materials have been

solicited and are acceptable based on the specifications; and

WHEREAS, The term of the proposed contract is from May 1, 2022

through April 30, 2023 with a one (1) year extension clause if mutually

agreeable, provided the vendor continues to meet specifications; and

WHEREAS, The names and addresses of the contracting parties, the

start and end dates of the proposed agreements, the designated sources of

funding being limited to the budget appropriation codes noted below, and

the total amount to be expended over the life of the agreements, which

shall not exceed budgeted appropriations, are as follows:

CONTRACT VENDOR APPROPRIATION ESTIMATED

DESCRIPTION CODES AMOUNT OF

AND DATES CONTRACT

Bid 22-20 Gorman Brothers, Inc. D.5110.04500 $300,000.00

Liquid Bituminous 200 Church Street D.5112.04500

Asphalt Materials Albany, NY 12202 D.5112.04800

(5/1/22 - 4/30/23)

Bid 22-20 Peckham Road Corp. D.5110.04500 $175,000.00

Liquid Bituminous 438 Vaughn Road D.5112.04500

Asphalt Materials Hudson Falls, NY 12839 D.5112.04800

(5/1/22 - 4/30/23)

; and

WHEREAS, This bid is also made available to other Rensselaer County

departments for the purchase of liquid bituminous asphalt materials made

available by this bid, provided expenditures do not exceed budgetary

appropriations; now, therefore, be it

Resolution No. G/8

Page No. 2 of 2

RESOLVED, That the Rensselaer County Executive or the Director of

the Bureau of Central Services, as the case may be, is authorized to sign

purchase agreements with the above-referenced vendors for the above

described materials.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

RFB-22-20 Vendor List

Liquid Bituminous Asphalt

Materials – Highway Dept.

Mailed __2/1/2022_______

Mark Edsall

All States Materials Group

P.O. Box 91

Sunderland, MA 01375

Phone: (315) 238-5310

Kimberly A. Wilson, VP of Sales

The Gorman Group, Inc.

Church Street, Port of Albany

Albany, NY 12202

Phone: (518) 462-5401

Dan Dearstyne

Peckham Materials Corporation

438 Vaughn Road

Hudson Falls, NY 12389

Phone: (518) 744-8928

Mark Petramale, Vice President

Peckham Road Corporation

375 Bay Road, Suite 201

Queensbury, NY 12804

Phone: 518-792-3157

Fax: 518-792-3138

Email: mpetramale@peckham.com

Suit-Kote Corp.

1911 Lorings Crossing Rd

Cortland, NY 13045

Attn: Asphalt Sales

Phone: (607) 745-0568

Peter Fitzgerald, Assistant Secretary

Pallette Stone

269 Ballard Road

Wilton, New York 12831

Phone: 518-584-2421

Fax: 518-584-4382

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Herrington, Bayly, Fleming

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/9

RESOLUTION AUTHORIZING PURCHASE ORDERS FOR COUNTY GUIDE RAILING

INSTALLATION – HIGHWAY DEPARTMENT

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, Bids for guide railing installation have been solicited and

are acceptable based upon the specifications; and

WHEREAS, The proposed agreement commences on May 1, 2022 through

April 30, 2023, with the option to extend the agreement for an additional

one (1) year period, if mutually agreeable, provided the contractor

continues to meet specifications; and

WHEREAS, Selection of the contractor is based upon lowest cost to

the County; and

WHEREAS, The name and address of the contracting party, the start and

end dates of the proposed agreement, the designated sources of funding

being limited to the budget appropriation codes noted below, and the total

amount to be expended over the life of the agreement, which shall not

exceed budgeted appropriations, are as follows:

CONTRACT

DESCRIPTION AND

DATES

APPROPRIATION

VENDOR CODES

ESTIMATED

ANNUAL

AMOUNT OF

CONTRACT

RFB 22-22

Guide Railing

Installation

CAT 1 & 2

(5/1/22 – 4/30/23)

Town and County D.5110.04500

Bridge and Rail D.5112.0

4500

P.O. Box 16395 D.5112.04800

Albany, N.Y. 12212 D.5120.04500

Category 1

$600,000.00

Category 2

$ 79,300.00

; now, therefore, be it

Resolution No. G/9

Page No. 2 of 2

RESOLVED, That the Director of the Bureau of Central Services is

authorized to sign the above-referenced purchase orders.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

RFB-22-22 Vendor List

Guide Railing Installation – Highway Department

Mailed: 2/1/2022

EMI Guide Rail, LLC

693 River Road

Schenectady, NY 12306

Attn: Steve Wagner

Phone: 518-887-2030

Fax: 518-887-2033

Christopher Hart, Secretary/Treasurer

Town and County Bridge and Rail

PO Box 16395

Albany, New York 12212

Phone: 518-423-1223

Fax: 518-581-9739

Phelps Guide Rail, Inc.

PO Box 130

919 Cress Road

Phelps, NY 14532-0130

Attention: Jeffery Orbaker

Phone: 315-548-9401

Fax: 315-548-2185

Richard Fredricks, Managing Member

F&R Unlimited

671 Mariaville Road

Schenectady, NY 12306

Phone: 518-356-6425

Fax: 518-280-5878

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Herrington, Bayly, Fleming

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/10

RESOLUTION AUTHORIZING A CONTRACT FOR PAINTING OF TRAFFIC LINES

– HIGHWAY DEPARTMENT

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, Bids for painting traffic lines have been solicited and are

acceptable based upon the specifications; and

WHEREAS, The proposed agreement commences on May 1, 2022 through

April 30, 2023, with a one (1) year extension clause if mutually

agreeable, provided the vendor continues to meet specifications; and

WHEREAS, Selection of the contractor is based upon lowest cost to

the County; and

WHEREAS, The name and address of the contracting party, the start

and end dates of the noted agreement, with the designated source of

funding being limited to the budget appropriation code noted below, and

the total amount to be expended over the life of the agreement, which

shall not exceed budgeted appropriations, are as follows:

CONTRACT DESCRIPTION VENDOR APPROPRIATION ESTIMATED

AND DATES CODE AMOUNT OF

CONTRACT

Bid No. 22-23 Seneca Pavement D.3310.04500 $210,160.00

Painting of Traffic Marking

Lines 3526 Watkins Road

(5/1/22 – 4/30/23) Horseheads, NY 14845

; now, therefore, be it

Resolution No. G/10

Page No. 2 of 2

RESOLVED, That the Director of the Bureau of Central Services is

authorized to sign the above-referenced purchase order.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

RFB-22-23

Painting of Traffic Lines

Mailed _ 2/1/2022

Monique Souza, President

Markings Inc.

30 Riverside Drive

Pembroke, MA 02359

Phone: (781) 826-5171

Fax: (781) 826-1121

Edward Spiesz

Accent Stripe, Inc.

3275 North Benzing Road

Orchard Park, NY 14127

Phone: (716) 823-7704

Fax: (716) 826-2085

Jeffrey Bly, President

O.H. Striping, Inc.

11016 River Road

Corning, NY 14830

Phone: (607) 377-9343

Email: o.h.striping@gmail.com

Matthew M. Sena, President

Seneca Pavement Marking, Inc.

3526 Watkins Road

Horseheads, NY 14845

Phone: (607) 742-8158

Fax: (607) 846-3347

Kathy DeLong, President

K5 Corporation

9 Rockview Way

Rockland, MA 02370

Phone: (781) 982-9229

Fax: (781) 982-9226

Richard J. Stewart, Secretary

Atlantic Pavement Marking, Inc.

15 Industrial Road

Prospect, CT 06712

Phone: (203) 758-0800

Fax: (203) 758-0733

Vanessa Mosher, Owner

CityMark Striping

70 Tivoli Street

Albany, NY 12207

Phone: (518) 377-0264

Vannessa@citymarkstriping.com

Tom Pariseau, Owner

Line to Line Striping

426 State Route 40

Schaghticoke, NY 12154

Phone: (518) 522-7343

Pilar G. Dexter

Straight Line Industries

5 Arrowhead Lane

Cohoes, NY 12047

Phone: (518) 220-2000

Fax: (518) 220-9993

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Herrington, Bayly, Fleming

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/11

RESOLUTION AUTHORIZING CONTRACTS FOR THE PURCHASE OF DRAINAGE PIPE —

HIGHWAY DEPARTMENT

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, Bids for the purchase of drainage pipe were solicited and

are acceptable based upon the specifications, and the desired agreements

are for one year with a one-year extension clause, if mutually agreeable,

provided the selected vendor continues to meet specifications; and

WHEREAS, The name and address of the contracting parties, the start

and end dates of the proposed agreements, the designated sources of

funding being limited to budget appropriation codes D.5110.04500,

D.5112.04500 and D.5120.04800, and the total amount to be expended over

the life of the agreements, which shall not exceed budgeted

appropriations, are as follows:

CONTRACT DESCRIPTION

AND DATES

VENDOR

ESTIMATED AMOUNT

OF CONTRACT

Bid No. 22-25 Town & County Bridge & Rail, Inc. $60,000.00

Drainage Pipe PO Box 16395

(5/1/22-4/30/23) Albany, NY 12212

Items I,II,III

Bid No. 22-25 Chemung Supply Corp. $60,000.00

Drainage Pipe PO Box 527

(5/1/22-4/30/23) Elmira, NY 14902

Items I,II,III

Bid No. 22-

25 Advanced Drainage $40,000.00

Drainage Pipe Systems, Inc.

(5/1/22-4/30/23) 4640 Trueman Blvd.

Items IV-A,IV-B,V Hilliard, OH 43026

; now, therefore, be it

Resolution No. G/11

Page No. 2 of 2

RESOLVED, That to ensure the Highway Department and the County

maximize the greatest economic value available, the Highway Department may

utilize any one of the following vendors from the list supplied by

Advanced Drainage Systems to purchase items IV-A, IV-B, and V at the bid

price:

• Chemung Supply Corporation

• Ferguson Enterprises

• Core & Main

• FW Webb

• Town and County Bridge & Rail

• Albany Winwater

; and, be it further

RESOLVED, That the Director of the Bureau of Central Services is

authorized to sign purchase orders with the above-referenced vendors for

the above-described materials.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

RFB-22-25 Vendor List

Drainage Pipe – Highway Dept.

Mailed 2/2/2022

Carl H. Perine, Vice President

Chemung Supply Corporation

P. O. Box 527

2420 Corning Road

Elmira, NY 14902

Phone: 607-733-5506

Fax: 607-732-5379

Christopher D. Hart

Secretary/Treasurer

Town & County Bridge & Rail, Inc.

P.O. Box 16395

Albany, NY 12212

Phone: 518-423-1223

Fax: 518-581-9739

Gary Nielsen

Vellano Brothers

7 Hemlock Street

Latham, NY 12110

Phone: 518-785-5537

Fax: 518-785-5578

Lane Enterprises, Inc.

825 Rt. 67

Ballston Spa, NY 12020

Phone: 518-885-4385

Fax: 518-885-0545

Michael Huebert, SVP-Sales

Advanced Drainage Systems, Inc.

4640 Trueman Blvd.

Hilliard, OH 43026

Phone: 800-733-7473

Fax: 614-658-0054

Email: michael.huebert@ads-pipe.com

Judy Renaud, Administrative Assistant-Sales

Northeast Zone Office

Phone: 866-691-2715

Fax: 413-589-7926

Tom Gable Local Sales Rep. (518) 495-4692

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Herrington, Bayly, Fleming

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/12

RESOLUTION AUTHORIZING CONTRACTS FOR THE PURCHASE OF GRAVEL AND ICE

CONTROL SAND — HIGHWAY DEPARTMENT

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, Bids for the purchase of gravel and ice control sand have

been solicited and are acceptable based upon the specifications, and the

desired agreements are for one (1) year with a one (1) year extension

clause, if mutually agreeable, provided all vendors continue to meet

specifications; and

WHEREAS, Selection of the vendor, is based upon lowest cost and

availability to the County; and

WHEREAS, The names and addresses of the contracting parties, the

start and end dates of the noted agreements, the designated sources of

funding being limited to budget appropriation codes D.5110.04500,

D.5112.04500 and D.5142.04500, and the total amount to be expended over

the life of the agreements, which shall not exceed budgeted

appropriations, are as follows:

CONTRACT

DESCRIPTION

AND DATES

VENDOR

GRAVEL SAND

ESTIMATED

AMOUNT OF

CONTRACT

Bid No. 22-21

Gravel and

Ice Control

Sand

(5/1/22-

4/30/23)

Warren Fane, Inc. $15,000.00 $5,000.00

62 Leversee Road

Troy, N.Y. 12182

$20,000.00

Resolution No. G/12

Page No. 2 of 3

CONTRACT

DESCRIPTION

AND DATES

VENDOR

GRAVEL SAND

ESTIMATED

AMOUNT OF

CONTRACT

Bid No. 22-21

Gravel and

Ice Control

Sand

(5/1/22-

4/30/23)

Troy Sand and Gravel $15,000.00 NO BID

P.O. Box 489

W. Sand Lake, N.Y. 12196

$15,000.00

Bid No. 22-21

Gravel and

Ice Control

Sand

(5/1/22-

4/30/23)

Rifenburg Construction, $10,000.00 NO BID

Inc.,

159 Brick Church Road

Troy, N.Y. 12180

$10,000.00

Bid No. 22-21

Gravel and

Ice Control

Sand

(5/1/22-

4/30/23)

Polaro Sand and Gravel $10,000.00 $2,500.00

P.O. Box 265

Poestenkill, N.Y. 12140

$12,500.00

Bid No. 22-21

Gravel and

Ice Control

Sand

(5/1/22-

4/30/23)

Rich Senter Construction

$7,500.00 $2,500.00

160 Staples Road

Stephentown, N.Y. 12168

$10,000.00

Bid No. 22-21

Gravel and

Ice Control

Sand

(5/1/22-

4/30/23)

RJ Valente Gravel, Inc. $7,500.00 $2,500.00 $10,000.00

1 Madison Street

Suite 300

Troy, N.Y. 12180

Totals: $65,000.00 $12,500.00 $77,500.00

; now, therefore, be it

Resolution No. G/12

Page No. 3 of 3

RESOLVED, That the Director of the Bureau of Central Services is

authorized to sign the above-referenced purchase orders.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law:________ G Resolution:____X_____ P Resolution:_________

Title of Legislation: GRAVEL AND ICE CONTROL SAND BID

Requested by:______HIGHWAY_________________________________________________

Sponsor(s):________________________________________________________________

FISCAL IMPACT

1) Projected cost of proposed legislation, if any: $____40,000.00_______ current year

$_____37,500.00______ongoing expenses

per year

2) Method of financing – note all that apply (federal funding, state funding, bonding, tax

levy, etc.): _____________________________________________________

a) For federal funding: amount $____________ and length of time federal

funding is available __________________. Is it available for ongoing

expenses? Yes ______ or No _________

b) For state funding: amount $____30,000__________ and length of time state

funding is available _3/31/23___________________. Is it available for

ongoing expenses? Yes _XX_____ or No ________

c) If bonded, state amount of total indebtedness this legislation will create and

projected interest cost over the course of borrowing:

Principal $_______________

Total projected interest costs $________________

d) Tax levy impact for current year $____20,000________ and ongoing

$________27,500_______

e) Other (please explain) $____________

3) Is this expense or program mandated? Yes ___________ No _____X______

4) Length of expense or project (one time only, ongoing, etc.): ongoing

Justification for the appropriation/expenditure requested. Include any revenue this will

produce or any expense that will be avoided: We will be implementing the bid for

CHIPS eligible projects and routine Highway Department road maintenance.

Department Head:

_________________________________________

RFB-22-21 Vendor List

Gravel & Ice Control Sand

Mailed __2/1/2022 _____

Dan Dearstyne

Peckham Materials Corporation

438 Vaughn Road

Hudson Falls, NY 12839

Phone: 518-747-3353

Fax: 518-747-4006

Warren Fane, President

Warren W. Fane, Inc.

62 Leversee Road

Troy, NY 12182

Phone: 518-235-5531

Fax: 518-235-1064

Kenneth Rifenburg

Rifenburg Construction, Inc.

159 Brick Church Road

Troy, NY 12180

Phone: 518-279-3265

Fax: 518-279-4260

Michael Mastropietro, VP

Callanan Industries, Inc.

P. O. Box 15097

Albany, NY 12212-5097

Phone: 518- 374-2222

Fax: 518-346-0808

Stephen A. Valente, Manager

R. J. Valente Gravel Company, Inc.

1 Madison Street, Suite 300

Troy, New York 12180

Phone: 518-434-4201

Fax: 518-432-4901

Nicholas M. DiNova, Jr., Sales Manager

Troy Sand & Gravel Company, Inc.

P. O. Box 489

West Sand Lake, NY 12196

Phone: 518-273-5300, Ext. 29

Fax: 518-273-6134

Scott D. Polaro, Vice President

Polaro Sand and Gravel, Inc.

P.O. Box 265

8 Clement Drive

Poestenkill, NY 12140

Phone: 518-365-0351

Fax: 518-283-2332

Peter H. Simoneau, VP

William E. Dailey, Inc.

295 Airport Road

Shaftsbury, VT 05262

Phone: 802-442-9923

Fax: 518-747-4006

John R. Senter, Owner

Rich Senter Contruction

160 Staples Road

Stephentown, NY 12168

Phone: 518-733-5046

Fax: Same

Michael E. Bacon

RM Bacon, LLC

PO Box 136

Hoosick, NY 12089

Phone: 518-686-5996

Fax: 518-686-5560

Cell: 518-365-2683

William J. Hammersmith

Quality Construction

52 Watson Road

Petersburgh, NY 12138

Phone: 518-733-6427

Fax: Same

Pallette Stone

269 Ballard Road

Wilton, New York 12831

Attention: Peter Fitzgerald, Assistant Secretary

Phone: 518-584-2421

Fax: 518-584-4382

Dale Swartwout, Manager

New Castle Paving

1 Madison Street, Suite 100

Troy, New York 12180

Phone: 518-275-0226

Fax: 518-273-1605

John Pickett, Member

Evolution Construction Services

PO Box 511

Mechanicville, New York 12118

Phone: 518-956-4407

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Herrington, Bayly, Fleming

Sent To:

Contracts & Agreements

Committee

Date

April 12, 2022

Resolution No. G/13

RESOLUTION AUTHORIZING RENEWAL OF AN AGREEMENT FOR THE LEASE OF A

TELECOMMUNICATIONS SYSTEM AT THE RENSSELAER FAMILY COURTHOUSE

- BUILDINGS DEPARTMENT

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, The County entered into an agreement in 2012 with GraceCom

Communications for the installation, lease, support and maintenance of a

telecommunications system for Rensselaer County employees located at the

Family Courthouse to have access to a landline communication service to

properly fulfill their daily work responsibilities; and

WHEREAS, That original sixty (60) month agreement was renewed for an

additional sixty (60) months in 2017; and

WHEREAS, Northeast IS, LLC (Vendor #15378), 880 Watervliet-Shaker

Road, Albany, NY 12205 has since acquired GraceCom Communications and has

assumed their existing contracts; and

WHEREAS, Both parties wish to continue the lease of the installed SV

8100 system for another sixty (60) month period; and

WHEREAS, The vendor has proposed to lower pricing to a level of

$275.00 per month, billable quarterly, for the entire length of the

proposed lease renewal, such agreement effective April 1, 2022; and

WHEREAS, Funding for the lease of the noted system and related

telecommunications services is available within the Buildings Department’s

2022 adopted budget within appropriation code A.1620.04450,; now,

therefore, be it

Resolution No. G/13

Page No. 2 of 2

RESOLVED, That the Rensselaer County Executive, or his designee is

authorized to sign the above-referenced agreement, subject to approval as

to form by the Rensselaer County Attorney.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law:________ G Resolution: x P Resolution:_________

Title of Legislation: Resolution Authorizing An Agreement For The Rental of a

Telecommunications System At The Rensselaer County Family Court Facility-Buildings

Department

Requested by: Buildings Department

Sponsor(s):________________________________________________________________

FISCAL IMPACT

1) Projected cost of proposed legislation, if any: $ 16,500.00 Length of Agreement

2) Method of financing – note all that apply (federal funding, state funding, bonding, tax

levy, etc.):_____________________________________________________

a) For federal funding: amount $____________ and length of time federal funding

is available __________________. Is it available for ongoing expenses? Yes

______ or No _________

b) For state funding: amount $______________ and length of time state funding

is available___________. Is it available for ongoing expenses? Yes ___or No

c) If bonded, state amount of total indebtedness this legislation will create and

projected interest cost over the course of borrowing:

Principal $_______________

Total projected interest costs $________________

d) Tax levy impact for current year $2,475.00 and ongoing $14,025.00

e) Other (please explain) :

3) Is this expense or program mandated? Yes ___________ No X

4) Length of expense or project (one time only, ongoing, etc.): Ongoing: Five Year Lease

Agreement

5) Justification for the appropriation/expenditure requested. Include any revenue this will

produce or any expense that will be avoided: The SV 8100 system package has been in

use at the Family Court facility since 2012. The vendor has lowered their monthly rental

price from $300 to $275/month.

Department Head:

James R. Gordon, Director Bureau of Central Services

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Grant, Maloney, Weaver

Sent To:

Judiciary & Public Safety

Committee

Date

April 12, 2022

Resolution No. G/14

RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT AWARD FROM NEW YORK STATE

STOP-DWI FOUNDATION AND AMENDING THE 2022 RENSSELAER COUNTY ADOPTED BUDGET

– STOP-DWI

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, The New York State STOP-DWI Foundation has previously

awarded Rensselaer County Special Traffic Operations (STOP-DWI) a grant in

the amount of $20,000.00 for the period of October 29, 2021 through

September 5, 2022, which the County Legislature granted authorization to

accept via Resolution Number G/408/21; and

WHEREAS, The New York State STOP-DWI Foundation awarded Rensselaer

County STOP-DWI an additional grant allocation in the amount of $4,000.00;

and

WHEREAS, Rensselaer County STOP-DWI seeks Legislative authorization

to accept the additional funding from the New York State STOP-DWI

Foundation; now, therefore, be it

RESOLVED, That any positions, programs, expenditures, and/or

agreements or contracts authorized or established pursuant to this

resolution shall terminate and cease upon discontinuance of said funding;

and, be it further

RESOLVED, That the 2022 Rensselaer County Adopted Budget shall be

and hereby is amended as follows:

GENERAL FUND REVENUE

CODE/DESCRIPTION PRESENT CHANGE REVISED

A.3315.30895 $17,199.00 $4,000.00 $21,199.00

.CD.2021.30895

DWI Crackdown

Resolution No. G/14

Page No. 2 of 2

GENERAL FUND APPROPRIATIONS

CODE/DESCRIPTION PRESENT CHANGE REVISED

A.3315.04900 $17,199.00 $4,000.00 $21,199.00

.CD.2021.04900

STOP-DWI - Professional Services

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

Tracy Mance (Albany) – Chairperson Melanie Churakos (Cattaraugus) - Secretary

Michele James (St. Lawrence) – Vice Chairperson John Winchell (Washington) – Treasurer

BOARD OF DIRECTORS: Patricia Tomassi (Westchester), Susie Schenck (Orleans), Matthew Morrow (Lewis),

Barry Weiss (Onondaga), Michael Dinardo (Rensselaer)

New York State

STOP-DWI Foundation, Inc.

February 24, 2022

Michael Dinardo

Rensselaer County STOP-DWI

Via E-Mail

Re: Allocation of Additional Crackdown Funds

Dear Mike:

As you are aware Rensselaer County was allocated $20,000 in HVEC funds for the grant cycle of

October 1, 2021 through September 30, 2022.

Please accept this letter as official notification that effective today the NYS STOP-DWI

Foundation has increased the Rensselaer County allotted HVEC funding by an additional $4,000.

This additional allocation is subject to use under the same criteria as the original funds granted.

Should you have any questions or require any additional information, please feel free to

contact me or Grant Administrator, Pam Aini.

Sincerely,

Tracy Mance

Tracy Mance, Chairperson

NYS STOP-DWI Foundation, Inc.

LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law:________ G Resolution: X P Resolution:_________

Title of Legislation: Resolution amending the 2022 Rensselaer County Adopted Budget

Requested by: County Executive

Sponsor(s):________________________________________________________________

FISCAL IMPACT

1) Projected cost of proposed legislation, if any:$4,000.00 current year

$__________ ongoing expenses per year

2) Method of financing – note all that apply (federal funding, state funding, bonding, tax levy,

etc.):_____________________________________________________

a) For federal funding: amount $____________ and length of time federal funding is available

__________________. Is it available for ongoing expenses? Yes ______ or No _________

b) For state funding: amount $4,000.00 and length of time state funding is available October 29,

2021 – September 5, 2022. Is it available for ongoing expenses? Yes ______ or No ________

c) If bonded, state amount of total indebtedness this legislation will create and projected interest

cost over the course of borrowing:

Principal $_______________

Total projected interest costs $________________

d) Tax levy impact for current year $_________ and ongoing $________

e) Other (please explain):

3) Is this expense or program mandated? Yes _______ No _____X_____

4) Length of expense or project (one time only, ongoing, etc.): One time only

5) Justification for the appropriation/expenditure requested. Include any revenue this will produce or any

expense that will be avoided: Amending the 2022 Rensselaer County Adopted to utilize additional funds

from the New York State STOP-DWI Foundation.

Department Heads

Michael Dinardo

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Bayly, Hoffman, Grimm

Sent To:

Budget & Finance

Committee

Date

April 12, 2022

Resolution No. G/15

RESOLUTION AUTHORIZING THE PURCHASE OF NETWORK EQUIPMENT

– BUREAU OF RESEARCH AND INFORMATION SERVICES

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, In order to enable the County’s cyber infrastructure to be

more reliable and secure, the Bureau of Research and Information Services

(“Department”) seeks legislative authorization to purchase 12 Aruba 6200F

48G 4SFP+ Network Switches; and

WHEREAS, The Department received quotes from 3 vendors, with the

lowest quote provided by Acture Solutions, Inc., and is under State

contract (PM20850); and

WHEREAS, The name and address of the selected vendor, the description

of the desired purchase, the source of funding of the same, and the total

cost of the desired purchase, which shall not exceed budgeted

appropriations, are as follows:

DESCRIPTION OF VENDOR APPROPRIATION AMOUNT OF

PURCHASE CODE PURCHASE

PM20850 Acture Solutions, Inc. H.1680.02500.H1206 $36,768.00

12 Aruba 6200F 1462 Erie Blvd,

48G 4SFP+ Network Suite 207A

Switches and Schenectady, NY 12305

Transceivers

; and

WHEREAS, The purchase will be made in accordance with the purchasing

guidelines set forth in the Purchasing Policies and Procedures of the

County of Rensselaer; now, therefore, be it

Resolution No. G/15

Page No. 2 of 2

RESOLVED, That the Director of the Bureau of Central Services is

authorized to sign the above-referenced purchase order.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

LINE

QUANTITY

DESCRIPTION

UNIT PRICE

EXTENDED PRICE

12.00

JL726A#ABA

Aruba 6200F 48G 4SFP+ Switch

$2,875.00 USD

$34,500.00 USD

12.00

J4858D

Aruba 1G SFP LC SX 500m OM2 MMF Transceiver

$189.00 USD

$2,268.00 USD

Product Total

Project Services

Subtotal

$36,768.00 USD

$0.00 USD

$36,768.00 USD

Total

$36,768.00 USD

HPE PM20850

Notes:

Rensselaer County

Ned Pattison Government Center

1600 7th Avenue, 5th Floor

Troy, New York 12180

United States

Attn:Jim Gordon

Bill To:

Payment Term: Net 30

Please provide an authorized Purchase Order as acceptance of

this Quote.

You may visit www.acturesolutions.com to review our Terms and

Conditions.

Acture will invoice Customer for Products at the time of shipment

and for Product Support at the time of purchase. Acture may

invoice Customer separately for partial deliveries.

Rensselaer County

Ned Pattison Government Center

1600 7th Avenue, 5th Floor

Troy, New York 12180

United States

Attn:Keith Harriman

Ship To:

Page

Acture Solutions, Inc. 1462 Erie Blvd. Suite A207 Schenectady, NY 12305

Phone: 518-377-4057 Fax: 518-377-3673 www.acturesolutions.com

QUOTE #2267-01

Expiration Date:

4/29/2022

Account Manager:

Joe Milanese

Aruba Switch

Date

Mar 17, 2022 12:01 PM MDT

Modified Date

Mar 18, 2022 07:09 AM MDT

Quote (Open)

Quote #

513554 - rev 1 of 1

Description

Aruba Switches

SalesRep

Cates, Clint

(P) 888-446-4770 ext. 1038

(F) 480-781-0320

Customer Contact

Nestler, Edward

(P) 518.270.2681

enestler@rensco.com

Terms: Net 30 Days

Safari Micro, Inc.

2185 W. Pecos Rd

Suite 9

Chandler, Arizona 85224

United States

(P) 888-446-4770 (ext.) 1038

(F) 480-781-0320

Shipping Info

Delivery Method: FedEx Ground

Carrier Account #:

Special Instructions:

Shipping

Rensselaer County

Harriman, Keith

1600 Seventh Avenue

Troy, NY 12180

United States

(P) (518) 270-2730

Billing

Rensselaer County

Payable, Accounts

1600 Seventh Avenue

Troy, NY 12180

United States

(P) (518) 270-2730

Sales Associates

Preparer: Cates, Clint

E-mail: clint.cates@safarimicro.com

Phone: 888-446-4770 ext. 1038

Account Manager: Cates, Clint

E-mail: clint.cates@safarimicro.com

Subtotal: $46,473.00

Product Subtotal: $46,473.00

Tax (.0000%): $0.00

Shipping: $0.00

Total: $46,473.00

# Description Part # Qty Unit Price Total

HPE Aruba 6200F 48G 4SFP+ Switch

Switch - L3 - managed - 48 x 10/100/1000 (PoE+) + 4 x 1 Gigabit / 10 Gigabit SFP+ - rack-mountable

JL726A#ABA 12 $3,774.83 $45,297.96

HPE Aruba

SFP (mini-GBIC) transceiver module - GigE - 1000Base-SX - LC multi-mode - up to 1640 ft - for OfficeConnect 1820;

HPE Aruba 2930F 12, 2930F 8G, 2930M 40, 6300, 6405 48, 6405 96, 64XX

J4858D 12 $97.92 $1,175.04

Safari Micro ships ONLY to the Continental US (AK and HI may be an additional charge).

Most Quotations are valid for 30 days; provided, however, that supply is subject to availability of products and product pricing remaining unchanged

from supplier. When we are informed of a price change, we will promptly notify you. Please check with your Sales Person for the expiration date of

this Quotation. Opened Software or Printers and their consumables are not returnable. Please inspect your order for accuracy within 8 days of

Receipt. ALL Hidden damage claims must be made in writing within 8 days of receipt. No Returns or Refunds on Apple, HP, Lenovo, Dell, Microsoft

Surface Hardware, any Configure To Order or Build To Order Products, and Special Order products. Always check with your Sales specialist prior

to purchase for more specific information.

Disclaimer: Unless otherwise quoted, prices do NOT include applicable taxes, international or domestic tariffs, insurance, shipping, delivery, setup

fees, or any cables or cabling services or material unless specifically listed above. All prices are subject to change. Any terms contained in

successional documents provided by you to Safari Micro, such as in acknowledgements, purchase orders, standard purchase terms, or otherwise,

are hereby superseded by those set forth herein, specifically rejected and shall have no force or effect.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE PRODUCTS ARE "AS IS," WITH NO EXPRESS OR IMPLIED WARRANTIES,

INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE. SAFARI MICRO'S AGGREGATE LIABILITY TO CUSTOMER FOR ANY AND ALL DAMAGES, LOSSSES OR LIABILITIES ARISING

OUT OF THIS ORDER SHALL NOT EXCEED THE FEES PAID TO SAFARI MICRO UNDER THIS ORDER.

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Grant, Loveridge, Weaver

Sent To:

Social Services

Committee

Date

April 12, 2022

Resolution No. G/16

RESOLUTION AUTHORIZING THE PURCHASE OF NURSE CALL SYSTEM AND AMENDING THE

2022 RENSSEALER COUNTY ADOPTED BUDGET – VAN RENSSELAER MANOR

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, The Van Rensselaer Manor (“Facility”) is mandated by Federal

Law to have each nursing station equipped to receive resident calls

through a communication system from resident rooms, and toilet/bathing

facilities; and

WHEREAS, The four current systems, A2, B1, B3 and C3 units, were

installed between 2010 and 2013, and have been having ongoing repair

issues, with no replacement parts available due to the age of the systems;

and

WHEREAS, The Facility is requesting to purchase the new Nurse Call

Systems for the four nursing units through Fire, Security & Sound Systems,

Inc., a New York State Office of General Services (“OGS”) supplier for

Intelligent Facility & Security Systems and Solutions (OGS Group #77201

and Award #23150); and

WHEREAS, The total cost of new systems is $199,999.86 plus $50,000

contingent labor cost due to COVID-19 interruptions or other unpredictable

issues and will be funded through the Nursing Home Equipment Reserve Fund;

and

WHEREAS, The funding for this expenditure has been appropriated as

follows:

APPROPRIATION

DESCRIPTION VENDOR CODE AMOUNT

Nurse Call Systems Fire, Security & Sound EH.08415.00 $249,999.86

Systems, Inc.

4 Avis Drive, Suite 110

Latham, NY 12110

; now, therefore, be it

Resolution No. G/16

Page No. 2 of 2

RESOLVED, That the 2022 Rensselaer County Adopted Budget shall be and

hereby is amended as follows:

HOSPITAL FUND OTHER SOURCES

CODE/DESCRIPTION PRESENT CHANGE REVISED

EH.2291

Capital Reserve $578,776.31 $(249,999.86) $328,776.45

HOSPITAL FUND APPROPRIATIONS

CODE/DESCRIPTION PRESENT CHANGE REVISED

EH.08415.00

Depreciation – Other Assets $ 0.00 $ 249,999.86 $249,999.86

and be it further;

RESOLVED, That the Rensselaer County Executive, or his designee is

authorized to sign the above-referenced agreement, subject to the approval

as to form by the Rensselaer County Attorney.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

Van Rensselaer Manor

Nursing Home Equipment Reserve Fund

Resolution Date Action Descriptions Amount YE Balance Year

G/92/20 3/10/2020 Initial Interest Income - 2019 $836,606.03

G/417/20 11/10/2020 Used Security Camera System - Acture Solutions ($291,667.86) $544,938.17 2019

G/67/21 3/9/2021 Add Interest Income - 2020 $428,722.79 $973,660.96 2020

G/205/21 6/8/2021 Used Security Camera System - Add one camera ($4,006.31) $969,654.65 2021

G/325/21 9/14/2021 Used Otis Elevators ($519,140.00) $450,514.65 2021

G/368/21 10/12/2021 Used WIFI - Acture Solutions ($82,614.00) $367,900.65 2021

G/402/21 11/9/2021 Used Accrodian Doors for Residents' Bathroom ($79,200.00) $288,700.65 2021

Voided Accrodian Doors for Residents' Bathroom $79,200.00 $367,900.65 2021

G/507/21 12/21/2021 Transfer from Fund Balance $100,000.00 $467,900.65

G/83/22 3/8/2022 Interest Income - 2021 $130,434.66 $598,335.31 2021 End Balance

G/85/22 3/8/2022 Security Camera System - Add 4 cameras ($19,559.00) $578,776.31 2022

Nurse Call System (A2, B1, B3, C3) ($249,999.86) $328,776.45 2022

LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law:________ G Resolution:___X_____ P Resolution:_________

Title of Legislation:__ RESOLUTION AUTHORIZING THE RENSSELAER COUNTY EXECUTIVE

TO PURCHASE THE NURSE CALL SYSTEMS FOR A2, B1, B3 AND C3 UNITS FOR VAN

RENSSELAER MANOR

Requested by: Kenyatta Walker, Executive Director_______________________

Sponsor(s):________________________________________________________________

FISCAL IMPACT

1) Projected cost of proposed legislation, if any: $249,999.86

2) Method of financing – note all that apply (federal funding, state funding, bonding, tax levy,

etc.):___General Funding_________________________________________

a) For federal funding: amount $___N/A_________ and length of time federal funding is

available __________________. Is it available for ongoing expenses? Yes ______ or No

_________

b) For state funding: amount $____N/A__________ and length of time state funding is available

____________________. Is it available for ongoing expenses? Yes ______ or No ________

c) If bonded, state amount of total indebtedness this legislation will create and projected interest

cost over the course of borrowing:

Principal $_____N/A__________

Total projected interest costs $________________

d) Tax levy impact for current year $____N/A________ and ongoing $__________

e) Other (please explain) $_Paid thru Nursing Home Equipment Capital Reserve Fund_________

3) Is this expense or program mandated? Yes ___X________ No __________

4) Length of expense or project (one time only, ongoing, etc.): One time

5) Justification for the appropriation/expenditure requested. Include any revenue this will produce or any

expense that will be avoided: Funding through Nursing Home Equipment Capital Reserve Fund

Department Head________________________________

RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s)

Loveridge, Grant, Weaver, Choquette, Fiacco, Fleming

Sent To:

Contracts & Agreements

Date

April 12, 2022

Resolution No. G/17

RESOLUTION AUTHORIZING CONTRACTS TO PROVIDE PERSONAL CARE SERVICES UNDER

THE EXPANDED IN-HOME SERVICES FOR THE ELDERLY PROGRAM– UNIFIED FAMILY

SERVICES - AGING

WHEREAS, This Resolution is filed with the Rensselaer County

Legislature by the Rensselaer County Executive; and

WHEREAS, The County of Rensselaer Department of Unified Family

Services – Aging (“Department”) provides a vast array of services to the

senior residents of Rensselaer County through its main office located in

Troy; and

WHEREAS, These services include Personal Care I and II, non-

institutional respite and ancillary services, which part-time case

managers use to assess senior needs and match available services; and

WHEREAS, The Department included contractual services funds in the

2021 Rensselaer County Adopted Budget sufficient to cover these contracts;

and

WHEREAS, The contract descriptions and dates, the names of the

contracting parties, source of funding, and the total amount to be

expended over the life of the same, which shall not exceed budgeted

appropriations are as follows:

CONTRACT

DESCRIPTION

VENDOR

APPROPRIATION

CODE

AMOUNT

Personal Care I and II,

Non- Institutional

Respite and Ancillary

Services

(04/01/22 – 03/31/23)

Accent Health Care

Services

P.O. Box 249

Troy, NY 12182

A.6777.04800

$60,000.00

Personal Care I and II,

Non- Institutional

Respite and Ancillary

Services

(04/01/22 – 03/31/23)

Adept Health Care

Services

406 Fulton Street

Troy, NY 12180

A.6777.04800

$27,000.00

Personal Care I and II,

Non- Institutional

Respite and Ancillary

Services

(04/01/22 – 03/31/23)

Accu-Care Home Care

P.O. Box 148

Rensselaer, NY 12144

A.6777.04800

$75,000.00

Resolution No. G/17

Page No. 2 of 2

CONTRACT

DESCRIPTION

VENDOR

APPROPRIATION

CODE

AMOUNT

Personal Care I and II,

Non- Institutional

Respite and Ancillary

Services

(04/01/22– 03/31/23)

Daughter for Hire

11 Herbert Drive

Latham, NY 12144

A.6777.04800

$190,000.00

; now, therefore, be it

RESOLVED, That the Rensselaer County Executive, or his designee, is

authorized to sign the above-referenced agreements subject to the

approval as to form by the Rensselaer County Attorney.

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2022

Clerk of the Legislature Executive Action

Sent to County Executive Approved Date

Received from County Executive Disapproved

Veto Message Attached and Returned to Clerk

Clerk of the Legislature County Executive

Rensselaer County

And

Adept Health Care Service Inc.

This Agreement (“Agreement”) made on the date set forth below between Rensselaer County,

acting on behalf of the Department for the Aging, located at 1600 Seventh Avenue, Troy, New

York 12180, hereinafter called the “County” and Adept Health Care Service Inc. located at

406 Fulton Street, Troy, New York 12180, hereinafter called the “Provider”. County and

Provider are sometimes referred to in this Agreement individually as a “Party” and

collectively as the “Parties”.

WITNESSETH:

WHEREAS, County exists to serve the needs of the Rensselaer County residents over the age

of sixty (60), especially those who are handicapped, frail or disabled, and is well-known in the

community for long standing and innovative work in providing solutions to the problems of

the elderly; and

WHEREAS, the County’s Case Management Service (CMS) is an arm and representative of

the County; and

WHEREAS, the County has received funding from the New York State Office for the Aging,

hereinafter known as the "Office" to establish an Expanded In-Home Services for the Elderly

Program (EISEP) hereinafter known as the "Program" to provide the following services:

(a) care planning

(b) arranging for services

In-Home Services

(a) Personal Care I

(b) Personal Care II;

Non-Institutional Respite;

Ancillary Services; and

WHEREAS, Provider is a home health agency providing health care services within

Rensselaer County to the sick, disabled and elderly in their own homes, and

WHEREAS, the Parties have a common objective to effectively and efficiently deliver health

and social services to elderly individuals and the prevention of unnecessary

institutionalization;

NOW, THEREFORE, the parties hereby agree as follows:

1. INDEMNIFICATION

Provider acknowledges and agrees that the services to be provided pursuant to the

terms of this agreement are provided as an independent contractor and not as an agent

or as employees of the County. Accordingly, Provider agrees to indemnify and hold

harmless the County, its agents, officers and employees, from and against any and all

claims or causes of action, including reasonable attorneys' fees and expenses incurred

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by the County in connection with a defense of any such claims or causes of action,

which may arise as a consequence of any act or omission on the part of the Provider,

its agents or employees which occurs during the performance of the services to be

provided hereunder.

2. CASE FINDING AND REFERRAL

2.1 CMS will provide initial screening to all clients referred to the Program and for

those clients deemed appropriate to provide case management for the duration of the

project.

2.2 The Provider agrees to consider all its elderly clients, ages 60 and above, for their

potential appropriateness as Program clients. Potentially appropriate clients will

include those elderly clients with chronic physical, mental or emotional conditions

who are residents of Rensselaer County, and are unable to undertake the activities of

daily living, unassisted, over an extended period of time.

2.3 The Provider will refer appropriate clients to CMS for a screening. The process

will be initiated by a telephone contact. The County agrees that CMS shall complete

the screening process within 72 hours of the initial telephone contact. The Provider

will be notified regarding the outcome of the screening. CMS and the Provider will

maintain documentation of referrals, screens and screening outcomes.

3. DETERMINATION OF ELIGIBILITY FOR SERVICES

CMS will have ultimate responsibility for each EISEP client's complete service

package, including authorization of the scope, amount and duration of all Program

reimbursed services to the client. CMS will determine appropriateness for Program

services through a standardized screening process. A comprehensive needs assessment

will be conducted and case management services, including developing a

comprehensive care plan, arranging for services, monitoring of services and

reassessment will follow.

4. SCOPE OF SERVICES

The Provider agrees to provide Personal Care I and II and Ancillary Services in

accordance with the attached specifications to Program clients.

The agency will comply with the requirements contained in 766.3 (Personnel

Requirements) of the New York State Code of Rules and Regulations and written

evidence of that compliance is available to the Department and the State Health

Department.

If the Provider is at capacity and cannot provide the service, CMS will be notified

immediately. CMS shall not be obligated to utilize the services of the Provider.

5. AUTHORIZATION OF SERVICES

5.1 CMS shall determine the core services, the number of units of each core service to

be furnished by the Provider and the duration for the provision of core service to

persons determined to be eligible for the Program. CMS shall authorize the Provider,

in writing, to furnish services of the type; at the level specified; and for the duration of

time specified. CMS may orally authorize the Provider to furnish services to eligible

individuals in situations determined by CMS to be emergencies. CMS shall furnish the

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Provider with a written authorization within ten (10) working days after the oral

authorization. No authorization for service will be valid for more than six (6) months.

Upon receipt of an authorization, the Provider shall furnish services pursuant to the

terms of the authorization to the person specified in the authorization. If, for any

reason, the Provider is unable to provide the services under the authorization, it shall

notify CMS of its inability to provide services under the terms of the authorization and

indicate the specific reasons for its inability to provide services pursuant to the

authorization. CMS may, in its discretion, either revoke or modify its authorization.

CMS shall notify the Provider of its decision.

5.2 CMS, with the consent of the client, will provide information necessary to insure

appropriate care for the client.

5.3 If, at any time, during the referral process, or during the provision of services to a

client referred by CMS, the Provider observes that (1) the problems requiring the

services have changed, (2) the service is no longer appropriate, or (3) the service

cannot be rendered because of consistent failure of the client to accept services, the

Provider will notify CMS. CMS will assess the situation and determine if a change of

service is indicated. If there is an agreement on the changes between CMS and the

client, the modification or cancellation of the service order shall be made by CMS.

CMS has the ultimate responsibility for authorizing the service plan.

6. PAYMENT

6.1 The County shall pay the Provider for services in an amount not to exceed the rate

per unit of service as set forth in Attachment B, attached hereto, or units of service

authorized in the service authorization form. The payment will be made proportionate

to the amount of cost share for which the client is responsible. When the Provider

receives a change in the Medicaid rate for a Medicaid Service, and the County,

through EISEP, contracts with the Provider for the same service, the new rate will

become effective for the EISEP service on the first day of the month in which the

County received notification from the local Department of Social Services.

6.2 The Provider shall submit invoices to the County as set forth in Attachment C,

covering services authorized by CMS pursuant to Section 4 of this Agreement, and

rendered to eligible clients of the Program by the Provider during said month. The

Provider will bill the client directly for the portion of the cost of service for which the

client is responsible. The County will be billed for the remaining portion of the cost of

service. The Provider shall not submit a bill to the Fiscal Intermediary for Medicare or

Medicaid or to any other source of payment for any service authorized by CMS or

included in the Program Service Package.

6.3 Upon receipt and approval of a properly completed invoice, payment will be made

to the Provider by the County.

6.4 The County may, after consulting with and obtaining verbal authorization from the

Provider, adjust any invoice of the Provider, both before and after payments have been

made. In cases where agreements cannot be reached or substantive changes are

involved, invoices shall be returned to the Provider for reconsideration and re-

submittal to the County.

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6.5 The County shall not reimburse the Provider for services rendered prior to the

effective date of this Agreement. The County shall not reimburse the Provider for any

amount in excess of the amount, scope and duration of the service authorization form.

6.6 The Provider expressly acknowledges and agrees that this contract will be

considered executory to the extent New York State or Federal funding is relied upon

by the County for the payment of any goods, labor or services to be furnished by

Provider under the terms and provisions of this Agreement, and that in the event such

funding shall not be forthcoming, this Agreement may be terminated by the County

upon reasonable prior written notice to the Provider.

7. MONITORING

7.1 The Provider agrees to maintain service records on forms approved by the County.

The records will include information on the amount of services provided to individual

clients, and the cost of services per client.

7.2 The Provider agrees to make the following reports to CMS:

1. A verbal confirmation that the client is receiving services from the Provider

as per the CMS request, as soon as the services are initiated; and

2. A written report of services as per Attachment A.

7.3 The Provider shall establish and maintain such documents and financial records as

are required by the County to insure documentation and monitoring and the provisions

of purchased services. In addition, the Provider shall prepare and submit with the

invoices required by Paragraph 6 of this agreement, a monthly report including such

programmatic, fiscal and administrative data as the County reasonably deems

necessary for the monitoring and evaluation of such activities and services and to

substantiate the Program's claim for reimbursement.

7.4 All financial, program and other books, records, documents and property

pertaining to this Agreement shall at all reasonable times be open for inspection,

review or audit by the New York State Office for the Aging and the County, or their

authorized representatives, who shall, at all reasonable times, have access to the

premises wherein such books, records, documents and property are located.

7.5 The Provider shall provide the County such additional data as the County may

reasonably require to permit it to monitor performance of this Agreement at a level

sufficient to assure appropriate fiscal administration, accountability and program

quality.

8. INSURANCE

Provider agrees to maintain during the term of this agreement Workers’ Compensation

and Disability Insurance Coverage as may be required by law, together with liability

insurance with liability limits reasonably satisfactory to the County, and to provide to

the County proof of all such insurance coverage at the time of the execution of this

agreement by Provider. The Certificate holder section must read as follows: Rensselaer

County, c/o Rensselaer County Attorney, 1600 7th Avenue, Troy, New York 12180.

9. CONFIDENTIALITY

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The Provider shall safeguard the use of and access to information regarding

individuals or families to which the County is providing or arranging for services. The

Provider shall not use or release any reports, data, or other information identifying

applicants or persons, except with the approval of such applicant or person served and

in accordance with the rules and regulations of the Program and the Provider, and

where applicable, Federal and State Laws and Regulations. Such information shall be

used only to assure proper administration, planning, coordination, data collection and

monitoring of performance under this Agreement, and to permit the transfer of client

records to another agency for the purpose of continuing services, with appropriate

release from the client or the client's guardian, and for research purposes.

10. CORPORATE COMPLIANCE

Provider represents and warrants that it, and its employees and/or contractors, are not

excluded from participation and are not otherwise ineligible to participate in a “federal

health care program”, as defined in 42 U.S.C.1320a-7b or in any other government

payment program. Provider further represents and warrants that it will perform

screening, on a monthly basis, all of its employees and subcontractors against:

a. The General Services Administration’s Federal Excluded Party List System

or any successor list;

b. The United States Department of Health and Human Service’s Office of the

Inspector General’s List of Excluded Individuals and Entities or any successor

list; and

c. The New York State Department of Health’s Office of the Medicaid

Inspector General’s list of Restricted, Terminated or Excluded Individuals or

Entities, or any successor list.

In the event that an excluded Party is discovered by the Provider, said Provider shall

notify the County within five (5) days of such discovery. The County reserves its right

to cancel and contract upon such notification.

The County further shall have the right to cancel this Agreement and declare the same

null and void in the event that the Provider fails to fulfill its obligations under this

section.

11. MAINTENANCE OF RECORDS

The Provider shall prepare and maintain, and shall retain for a period of six (6) years,

or such longer periods as any applicable licensing standards may require, following

completion of performance under this Agreement, the following:

a. Such data as is necessary to satisfy applicable reporting requirements of the

Program Administration, and, if payment hereunder is on a cost reimbursement

basis, financial books and records which reflect costs incurred in and allocated

to performance of the services covered by this Agreement, these books and

records shall be maintained in accordance with generally accepted accounting

principles.

b. Personnel policies

c. Personnel records

12. NON-DISCRIMINATION IN EMPLOYMENT

12.1 The Provider will not discriminate against any employee or applicant for

employment because of race, creed, color, sex, or national origin, and will take

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affirmative action to insure that they are afforded equal employment opportunities

without discrimination because of age, race, creed, color, sex or national origin. Such

action shall be taken with reference, but not be limited to: recruitment, employment,

job assignment, promotion, upgrading, demotion, transfer, lay-off or selection for

training or retraining, including apprenticeship and on-the-job training.

12.2 The Provider will post and keep posted in conspicuous places, available to

employees and applicants for employment, notices to be provided by the State

Division for Human Rights, setting forth the substance of the provisions of clauses (a)

and (b) and such provisions of the State's laws against discrimination as the State

Division for Human Rights shall determine.

12.3 The Provider will state, in all solicitations or advertisements for employees placed

by or on behalf of the Provider, that all qualified applicants will be afforded equal

employment opportunities without discrimination because of age, race, creed, color,

sex or national origin.

12.4 The Provider will comply with the provisions of Sections 291-299 of the

Executive Law and the Civil Rights Law, will furnish all information and reports

deemed necessary by the State Division for Human Rights under these non-

discrimination clauses and such sections of the Executive Law, and will permit access

to its books, records, and accounts by the State Division of Human Rights, the

Attorney General and the Commissioner of any New York State Agency for purposes

of investigation to ascertain compliance with these non-discrimination clauses and

such sections of the Executive Law and Civil Rights Law.

12.5 This contract may be forthwith canceled, terminated or suspended in whole or in

part, by the County upon the basis of a finding made by the State Division for Human

Rights that the Provider has not complied with these non-discrimination clauses, and

the Provider may be declared ineligible for future contracts made by or on behalf of

the State or a public authority or agency of the State until the Provider satisfies the

State Division of Human Rights that it has established and is carrying out a program in

conformity with the provision of these non-discrimination clauses, such findings shall

be made by the State Division for Human Rights after conciliation efforts by the

Division have failed to achieve compliance with the non-discrimination clauses, and

after a verified complaint has been filed with the Division, notice thereof has been

given to the Provider and an opportunity has been afforded the Provider to be heard

publicly before three members of the Division. Such sanctions may be imposed and

remedies invoked independently of or in addition to sanctions and remedies otherwise

provided by law.

12.6 The Provider will include the provisions of clauses 1 through 5 above in every

subcontract or purchase order in such a manner that such provisions will be binding

upon each subcontractor or vendor as to operations to be performed within the State of

New York. The Provider will take such action in enforcing such provisions of such

subcontract or purchase order that the County may direct, including sanctions or

remedies for non-compliance.

13. NON-DISCRIMINATION IN SERVICE DELIVERY

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The Provider shall not deny any services to or otherwise discriminate in the delivery of

services against any person who otherwise meets the eligibility criteria for the program

as determined by CMS on the basis of race, color, religion, sex, age, national origin,

ancestry, physical or mental handicap, or because such person is a recipient of federal,

state or local public assistance or housing subsidies. The Provider shall comply with

all applicable provisions of:

a. Title VI of the Civil Rights Act of 1964 (42 USC 2000-d et. seq.) prohibits

discrimination on the basis of race, color, or national origin in programs

receiving federal financial assistance; and

b. Section 504 of the Rehabilitation Act of 1973, (29 USC 794) and the

regulations promulgated thereunder, (45 CFR Part 84)-- prohibits

discrimination against qualified handicapped individuals on the basis of

handicap in any program or activity receiving or benefiting from Federal

financial assistance and requires programs and activities, when viewed in

entirety, to be readily accessible to handicapped persons.

14. TERMINATION

14.1 Either party may terminate this Agreement without cause upon provision of a

written notice to the other at least thirty (30) days prior to its effective date.

14.2 If the County determines that any non-compliance with the terms of this

Agreement on the part of the Provider endangers the life, health and safety of the

recipients of services under this Agreement, it shall terminate this Agreement by orally

notifying the Provider of termination within three (3) business days following the oral

notification. Termination pursuant to this sub-section shall take effect upon the

furnishing of the oral notification.

14.3 The County may terminate this Agreement, for reasons other than those

constituting a noncompliance that endangers the life, health, and safety of recipients of

service, if the Provider has failed to comply with the provisions of the Agreement, in

whole or in part. However, prior to terminating this Agreement pursuant to this sub-

section, the County shall notify the Provider, in writing, of the specific areas of non-

compliance. The Provider shall restore compliance within ten (10) business days of the

date of this notice. If the Provider has not restored compliance within the (10) day

period, the County may terminate this Agreement by furnishing the Provider with

written notice at least thirty days prior to the effective date of termination.

15. OBLIGATIONS UPON TERMINATION

Upon termination, all finished and unfinished documents, data studies, and reports

prepared by the Provider pursuant to this Agreement shall become the property of the

County. Upon termination, the Provider shall be entitled to compensation for services

rendered in the satisfactory performance of this Agreement; provided that the Provider

shall submit properly completed invoices to the County covering services rendered no

later than sixty (60) days after the date of termination.

16. ASSIGNMENT AND SUBCONTRACT

The Provider shall not subcontract any interest in this Agreement without the prior

written consent of the County; provided that, claims for money due or to become due

to the Provider from the County under this Agreement may be assigned to a bank, trust

company or other financial institution without such consent and that notice of any such

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assignment is furnished promptly to the County. None of the services to be provided

pursuant to this Agreement shall be sub-contracted to any other organization,

association, individual, partnership or group of individuals without prior written

consent of the County.

17. CONFLICT OF INTEREST

The Provider shall not knowingly employ, compensate, or arrange to compensate any

employee of the County during the term of this Agreement without the prior written

approval of the County.

18. AMENDMENT

This agreement may be modified or amended only in writing and duly executed by

both Parties. Any modification or amendment shall be attached to and become part of

this Agreement. All notices concerning this Agreement shall be delivered in writing to

the Parties.

19. VENUE

In the event either Party to this agreement shall initiate litigation against the other

Party to protect or enforce any right or benefit in favor of such Party under the terms of

this Agreement, the Parties hereby mutually agree that the Supreme Court of the State

of New York shall exercise exclusive jurisdiction over such litigation, and that the

venue of the same shall be County of Rensselaer, New York.

20. NOTICE

Unless otherwise specified herein, any notice, approval, request or demand hereunder

from either party to the other shall be in writing and shall be deemed to have been

given when either delivered personally or deposited in a United States mail box in a

postage pre-paid envelope addressed to the other.

21. LICENSES

The Provider shall procure and keep current any license, certification, permit or

accreditation required by local, state, or federal status or regulations and shall upon the

request of the County, submit the County proof of any such license, certification,

permit or accreditation.

22. QUALITY ASSURANCE

Notwithstanding any other provision in this contract, the Provider remains responsible

for:

(a) ensuring that any service provided pursuant to this contract complies with

all pertinent provisions of Federal, State and Local statutes, rules and

regulations;

(b) ensuring the quality of all services provided by the Provider; and

established for all patients.

23. INTEGRATION

All attachments to this Agreement are deemed to be part of this Agreement. The entire

Agreement of the parties is contained herein and this Agreement supersedes all oral

agreements and negotiations between the parties relating to the subject matter

contained herein, specifically, Attachments "A", "B", "C" and "D".

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24. PERIOD OF PERFORMANCE

This Agreement shall commence on April 1, 2022 and shall terminate on March 31,

2023.

25. FEDERAL, STATE AND LOCAL LAW AND REGULATIONS COMPLIANCE

Provider agrees to abide by and comply with all applicable federal, state and local

laws, rules, regulations and orders.

26. DISCLOSURE

Provider certifies, to the best of its knowledge and belief, that:

A. No State or Federal appropriated funds have been paid or will be paid, by or

on behalf of the Provider, to any person for influencing or attempting to

influence legislation or appropriation actions pending before local, State and

Federal executive and/or legislative bodies in connection with the awarding of

any contract, the making of any grant, the making of any loan, the entering into

of any cooperative Agreement, and the extension, continuation, renewal,

amendment, or modification of any contract, grant loan, or cooperative

Agreement.

B. If any funds other than State or Federal appropriated funds have been paid

or will be paid to any person for influencing or attempting to influence

legislation or appropriation actions pending before local, State and Federal

executive and/or legislative bodies in connection with this contract, grant, loan

or cooperative Agreement, the undersigned shall complete and submit Standard

Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its

instructions.

This certification is a material representation of fact upon which reliance was placed

when this transaction was made or entered into. Submission of this certification is a

prerequisite for making or entering into this transaction imposed by Section 1352, Title

31, and United States Code. Failure to file the required certification shall be subject to

civil penalty by the Federal government of not less than $10,000 and not more than

$100,000 for each such failure.

27. ENTIRE AGREEMENT

This Agreement, and any documents referred to in it, constitute the whole Agreement

between the Parties and supersede any previous arrangement, understanding or

Agreement between them relating to the subject matter they cover.

Each of the Parties acknowledges and agrees that in entering into this Agreement it

does not rely on any undertaking, promise, assurance, statement, representation,

warranty or understanding (whether in writing or not) of any person (whether party to

this Agreement or not) relating to the subject matter of this Agreement, other than as

expressly set out in this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized

officers of the respective Parties.

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ATTACHMENT A – RESPITE SPECIFICATIONS

1. General Description

Respite Care is the provision of supervisory and supportive care necessary to maintain

the health and safety of a client when the primary caregiver is not available to provide

such care. Respite care service can be used to provide temporary relief to primary

caregivers. Respite care service can be provided on a 24-hour basis.

2. Service Guidelines

2.1 This service may only be provided to clients receiving care from informal

caregivers.

2.2 Respite can be provided in the home by homemaker/personal care workers or at a

social-model adult day care center or adult home.

2.3 Respite provided by homemaker/personal care workers shall comply with all

standards relating to this service.

2.4 Respite consisting of adult day care/adult home may not be used to cover the cost

of medically oriented services (medical care, skilled nursing care, skilled therapies,

dental care, audiology, podiatry, or ophthalmology).

2.5 Payments for respite in congregate settings must only be for services provided to

individual clients.

2.6A unit of service shall be equal to one hour of respite.

3. Services which may be provided by a homemaker/personal care worker include:

Assistance with or supervision of tasks associated with activities of daily living, e.g.

bathing, toileting, grooming and dressing, feeding, transferring and use of adaptive

equipment where indicated; and/or companionship services described as:

1. Performance of or assistance with tasks related to maintaining a safe and

healthy living environment, e.g.

2. Light cleaning tasks in areas of the home used by the client (dusting,

vacuuming, damp mopping);

3. Preparation of a shopping list appropriate to the client's dietary needs and

financial circumstances, performing grocery shopping activities, as necessary,

and preparation of meals;

4. Personal laundry (towels, bed linens, bedclothes and other clothing);

5. Accompanying the client to medical and other appropriate appointments;

6. Accompanying the client for short walks outside the home.

4. Supervision

When respite services are provided by homemaker/personal care services through a

home care agency, the workers must be supervised by the provider agency in

accordance with all standards and regulations promulgated by the State Department of

Social Services. For facility based respite, the facility must provide training in

accordance with appropriate State and Federal statutes, standards and regulations.

5. Selection and Training

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When respite services are to be provided by homemaker/personal care workers, the

provider agency is required to select workers in accordance with the minimum criteria

established by the New York State Department of Social Services as specified in SDSS

Regulations 18 NYCRR 505.14 (d) or amending/superseding regulations and as

described in relevant NYSDSS administrative directives, and as operationalized by the

Rensselaer County Department of Social Services.

The provider agency is responsible for the training of its personnel. Persons providing

homemaker/personal care services must successfully complete a basic training

program, in-service training and on-the-job training and supervision approved by the

New York State Office for the Aging.

6. Response Time

The provider/facility shall inform CMS within 24 hours of the request for services of

the ability to perform the service according to the CMS service authorization.

If at any time the provider agency/facility is unable to provide the service according to

the CMS service authorization, the Case Manager shall be notified immediately.

7. Maintenance of Records

The provider agency/facility must maintain a client record for each client receiving

services. This record shall contain pertinent client related information including but

not limited to:

a. The conditions or reasons for which care is provided;

b. The tasks performed by the employee of the provider agency/facility;

c. The observations of all provider agency/facility employees who have contact

the client; and

d. The client record must be updated in a timely manner.

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ATTACHMENT B

Agency: Adept Health Care Service Inc.

Personal Care 1/Personal Care II

Rate Unit Rate Unit - $28.00 One Hour or Current DSS Rate

Non Institutional Respite

Rate Unit - $28.00 One Hour or Current DSS Rate

Maximum Contract Amount: $27,000.00

*A Premium Rate of $29.00 per hour will be allowed in limited situations determined by the

County to be extremely difficult locations to provide service.

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ATTACHMENT C

Providers shall submit bills for core services on Rensselaer County Vendor Claim forms.

Vendor Claim forms will be supplied to the Providers by the Department for the Aging:

1. Vendor claims will be submitted once monthly within ten (10) working days after

the last day of the month being billed for. Vendor Claims not submitted within ninety

(90) days of service provision will not be reimbursed.

2. Services shall be requested from the Providers by the use of service orders. A

separate service order will be generated for each service ordered, for each client.

3. Each service order is referenced by a unique service order number. The service

order contains five (5) digits and will be used to monitor services.

4. To facilitate timely reimbursements, the following format should be observed in

completing the Vendor Claim form.

a. Individual service billings will be grouped by type of service (housekeeper,

homemaker, respite)

b. Within each service type, individual billings should be ordered by a service

order number.

c. For each service order listed, the client's name will be listed.

d. Additionally, for each service order, the dates of service were provided, the

total units provided, the unit cost and the total monthly cost per service order

will be listed.

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ATTACHMENT D

1. Statutes, Regulations, and Policies: The Provider, hereinafter referred to as the Contractor

agrees that all its activities under this Contract shall conform with all applicable Federal,

State, and Local laws, and with Federal and State regulations, and program standards and

Program Instructions of the New York State Office for the Aging (NYSOFA) that apply to

such activities, including, but not limited to:

Rehabilitation Act of 1973, Sec. 504 (29 U.S.C. 794, Nondiscrimination)

Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.; see 17-PI-21)

Civil Rights Act of 1964, Title VI, as amended (42 U.S.C. 2000-d et. seq.)

Older Americans Act

Executive Order 13166 (Improving Access to Services for Persons with Limited

English Proficiency)

Federal Executive Order 11246, as Amended by Executive Order 11375 (Affirmative

Action); as Amended by Executive Order 12086 (Consolidation of Compliance

Functions); and as Amended by Executive Order 13279 (Equal Protection for Faith-

Based and Community Organizations.)

Executive Law, Article 15 (State Human Rights Law Prohibiting Discrimination Based

on Race, Color, Creed, National Origin, Sex, Age, Disability, Sexual Orientation and

Other Factors)

Equal Access to Services and Targeting Policy (12-PI-08)

Elder Law

2. Targeting: The Contractor, to the extent it has discretion regarding to whom it will provide

services, agrees to provide services to those unserved and underserved older adults in greatest

social or economic need, particularly those who are low-income, low-income minorities, older

adults with limited English proficiency, Native Americans, and frail/persons with disabilities

and older adults residing in rural areas, in accordance with their need for such services, and to

meet specific objectives established by the Agencies on Aging (AAA) for providing services

to the above groups within the Planning and Service Area (PSA). The Contractor agrees to

concentrate the services on older adults in the targeted populations identified by the AAA

following the methods the AAA has established for complying with the targeting requirements

under the Older Americans Act and the Equal Access and Targeting Policy issued by the New

York State Office for the Aging.

3. Language Access: The Contractor shall inform persons with limited English proficiency

(LEP) of the availability of language assistance, free of charge, by providing written notice of

such assistance in a manner designed to be understandable by LEP persons at service locations

and, at a minimum, have a telephonic interpretation service contract or similar community

arrangement with a language interpretation services provider of their choice. The Contractor

shall train staff that have contact with the public in the timely and appropriate use of these and

other available language services.

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4. The Contractor agrees that for programs established and funded in whole or in part pursuant

to Title III of the Older Americans Act, the Contractor shall: specify how it intends to satisfy

the service needs of low-income minority individuals, older adults with limited English

proficiency, and older adults residing in rural areas in the area served by it; to the maximum

extent feasible, provide services to low-income minority individuals, older individuals with

limited English proficiency, and older adults residing in rural areas in accordance with their

need for such services; and meet specific objectives established by the AAA, for providing

services to low-income minority individuals, older adults with limited English proficiency,

and older adults residing in rural areas within the planning and service area.

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LEGISLATIVE FISCAL IMPACT STATEMENT

Type of Legislation: Local Law:________ G Resolution:___x_____ P Resolution:_________

Title of Legislation: Resolution authorizing contracts to provide personal care services under the

Expanded In-Home Services for the Elderly Program.

Requested by:_UFS-Aging

Sponsor(s):________________________________________________________________

FISCAL IMPACT

1) Projected cost of proposed legislation, if any:$_352,000.00 __ current year (12 months)

$______________ ongoing expenses per year

2) Method of financing – note all that apply (federal funding, state funding, bonding, tax

levy, etc.):__State Funding__________________________

a) For federal funding: amount $__ _ and length of time federal funding is

available _ ___________. Is it available for ongoing expenses? Yes ______ or

No ____X_____

b) For state funding: amount $__$264,000.00__ and length of time state funding

is available ______________. Is it available for ongoing expenses? Yes

______ or No ________

c) If bonded, state amount of total indebtedness this legislation will create and

projected interest cost over the course of borrowing:

Principal $_______________

Total projected interest costs $________________

d) Tax levy impact for current year $_88,000.00__ and ongoing $__________

Other (please explain) $____________

3) Is this expense or program mandated? Yes ___________ No ____X______

4) Length of expense or project (one time only, ongoing, etc.): 4/1/2022 – 03/31/2023

contract,

5) Justification for the appropriation/expenditure requested: Our contracts are based on need

and aide availability of the vendors. These services are reimbursed at 75%.

Department Head

________________________________

Carol Rosbozom

Rensselaer County

And

Accu-Care Home Health Services, Inc.

This Agreement (“Agreement”) made on the date set forth below between Rensselaer County,

acting on behalf of the Department for the Aging, located at 1600 Seventh Avenue, Troy, New

York 12180, hereinafter called the “County” and Accu-Care Home Health Services, Inc.

located at 87 Washington Street, Rensselaer, New York 12144, hereinafter called the

“Provider”. County and Provider are sometimes referred to in this Agreement individually as a

“Party” and collectively as the “Parties”.