On the agenda: Newburgh meeting — data center (Mar 5)

City of Newburgh
Council Work Session
Sesion de trabajo del Concejal
March 5, 2026
6:00 PM
Work Session Presentations / Presentaciones de la Session de Trabajo
1. 2025 Fourth Quarter Comptroller Update
Actualización del Contralor – Cuarto Trimestre de 2025
2. Multiyear Financial Plan
Plan Financiero Multianual
Engineering / Ingeniería
3. Hach WIMS Software
Resolution authorizing the City Manager to execute an agreement with
Aquatics Informatics Inc. for industrial wastewater data management
software and related services for the City of Newburgh Wastewater
Treatment Plant
Resolución que autoriza al Gerente de la Ciudad a ejecutar un contrato
con Aquatics Informatics Inc. para el software de gestión de datos de
aguas residuales industriales y servicios relacionados para la Planta de
Tratamiento de Aguas Residuales de la Ciudad de Newburgh
Finance / Finanza
4. 2026 Non-Bargaining Unit Update
Resolution amending and restating the Salary and Benefit Plan for NonBargaining Unit Employees
Resolución que enmienda y reformula el Plan de Salarios y Beneficios
para los empleados de la Unidad No-Negociante
Police Department / Departamento de Policia
5. ClearView AI Subscription
Resolution authorizing the City Manager to execute a contract with
Clearview AI, Inc. for facial recognition search software and related
services for the Police Department and a cost of $17,100.00 for a oneyear term

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Resolución que autoriza al Gerente de la Ciudad a ejecutar un contrato
con Clearview AI, Inc. para software de búsqueda con reconocimiento
facial y servicios relacionados para el Departamento de Policía, por un
costo de $17,100.00 por un período de un año
6. Police K9 Retirement and Surplus for $1
Resolution authorizing the sale of a police dog to Police Officer Bret
Layne
Resolución que autoriza la venta de un perro policía al Oficial de Policía
Bret Layne
Legislative Body / Cuerpo Legislativo
7. Reaffirming the City of Newburgh as a Fair and Welcoming City
Resolution prohibiting the use of City of Newburgh personnel and
resources for civil immigration enforcement & reaffirming the City of
Newburgh as a fair and welcoming city
Resolución que prohíbe el uso del personal y los recursos de la Ciudad
de Newburgh para la aplicación de la inmigración civil y reafirma a la
Ciudad de Newburgh como una ciudad justa y acogedora
Old Business Discussion / Discusión de Negocios Viejos
8. City Manager Transition Planning
Planificación de la transición del Gerente de la Ciudad
Executive Session / Sesión Ejecutiva
9. Proposed, Pending or Current Litigation
Litigio propuesto, pendiente o actual

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CITY OF NEWBURGH

Todd Venning (CFO)
Director of Finance

FINANCE DEPARTMENT
Todd Venning
City Manager/CEO

Bureau of Purchase and Supply
83 Broadway, Newburgh, New York 12550
(845) 569-7320 • www.cityofnewburgh-ny.gov

Nancy Bloom
City Comptroller
David Truong
Asst. City Comptroller

Date: February 2, 2026
To:

Newburgh City Council:
Mayor Torrance Harvey
Councilmember Shakur
Councilmember McLymore
Councilmember Martinez
Councilmember Monteverde
Councilmember Stewart
Councilmember Zorrilla

Re: Quarterly report for period ending December 31, 2025
I.

Fourth Quarter 2025 Revenue Summary: (As of December 31, 2025)

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II.

Fourth Quarter 2025 Revenue - Key Highlights:
a. At the end of the fourth quarter, the General Fund has revenue receipts
totaling 83% of the adjusted budget.
b. Sanitation revenues are on target against the adjusted annual budget. Water
revenues exceed annual target by 8 percentage points.
c. Sewer revenues exceed annual revenue target by 31 percentage points.
d. Current real property tax collection reached 96%. Collection of prior year real
property tax revenue (delinquent taxes) reached $1,969,899. This brings the
total collection of real property taxes to 104% of the 2025 budget.
e. Sales tax revenue for 4 quarters of 2025 reached 99% of budget.

III.

Fourth Quarter 2025 Expense Summary

IV.

Fourth Quarter 2025 Expense - Key Highlights
a. Taken together, all funds are in an acceptable percentage of expenditures
against the budgeted amounts.
b. Combined Fire and Police overtime reached 135% of the annual budget for
fiscal year 2025.
a. The Fire Department is under the budgetary target by 1 percentage
points.
b. Police Department overtime is over the budgetary target by 77
percentage points. The driving factor behind this use of overtime is
due to a manpower shortage within the police department.

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CITY OF NEWBURGH
Office of the City Manager
83 Broadway, Newburgh, New York 12550
(845) 569-7301 • www.cityofnewburgh-ny.gov

Date: December 19, 2025
To:

Newburgh City Council:
Mayor Torrance Harvey
Councilmember Shakur
Councilmember McLymore
Councilmember Martinez
Councilmember Monteverde
Councilmember Sklarz
Councilmember Sofokles
City Comptroller

Re:

City of Newburgh Multiyear Financial Plan (MYFP) Narrative (2026-2029)

Honorable City Council:
This document serves as the narrative supplement to the City of Newburgh’s Multi-Year
Financial Plan (MYFP), which is presented in spreadsheet form. Together, these documents
outline the City’s long-term financial outlook, and strategic actions designed to maintain fiscal
integrity, ensure service sustainability, and responsibly plan for future investments.
The narrative highlights the City’s key financial goals, local actions, and performance measures
across major funds, providing context for the assumptions and projections contained in the
MYFP.
General Fund
In local fiscal years 2026-2029, the City of Newburgh has the following broad goals for working
toward preserving fiscal balance:
1. Strategic use of appropriated fund balance, allowing specific revenue sources time to
develop to support and sustain budgetary increases related to the following:
a. Increased personnel costs resulting from a highly competitive labor market.
b. Increased employee benefit costs.
2. Revenue development.
3. Expenditure stabilization.
4. Debt & Capital Financial Planning.

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Goal 1: Strategic use of appropriated fund balance
Local Action:
 Adopt budgets with appropriated fund balance (AFB) between fiscal years 20262029, aiming for an appropriated fund balance of $0 by City Fiscal Year (CFY) 2031.
An AFB of $0 indicates recurring revenues sufficient to support recurring expenditure
levels. During this period the City will be focused on developing new revenue sources.
As City revenues diversify and grow, the City will need less AFB to balance the budget.
Use of AFB in the interim allows the City to maintain high service levels and current
staffing.
Performance Measures: Success in achieving this action will be measured by adopting
appropriated fund balance levels in CFYs 2026-2029 that steadily decrease; resulting in a CFY
2031 appropriated fund balance of $0.
Goal 2: Revenue Development
Local Actions:
 Improving Revenue Development between City fiscal years 2026-2029 the City will:
o Raise property taxes within the tax cap.
Performance Measures: City will adopt budgets in CFYs 2026-2029 that increase tax levy but
do not exceed tax cap, allowing for small annual raises to the tax levy. This will prevent the need
for large one-time increases.
o Monitor Hotel Occupancy Tax revenue collection.
Performance Measures: The City implemented a local law enacting a Hotel Room Occupancy
Tax (HROT) in February 2023. CFY 2024 was the first full year of HROT, generating $110K in
revenue.
The City will continue monitoring hotel occupancy tax revenues, including the anticipated
impact of a newly financed boutique luxury waterfront-adjacent hotel that has commenced
construction. Upon completion, the project is expected to generate additional hotel room
occupancy tax revenue and contribute to the City’s long-term tax base.
o Monitor various City Fees (to capture cost of providing services.)
Performance Measures: The City successfully amended ordinance chapter 163 entitled “Fees”
in fourth quarter of CFY 2024. The amendment resulted in changes to several fees, to accurately
capture the cost of the services provided effective 1/1/2025.

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o Monitor Marijuana Regulation & Taxation Act (MRTA) Regulatory Scheme
- Adult-Use Cannabis Taxation. Promote retail locations within the City.
Performance Measures: New York’s Adult-Use Cannabis taxation scheme includes a local
excise tax imposed on the sale of cannabis products by a retailer to a cannabis consumer at four
(4) percent of the products’ price. This tax is distributed to local governments based on where the
retail dispensary is located. Twenty-five (25) percent of the tax revenue goes to the county and
seventy-five (75) percent goes to the City. The State’s Office of Cannabis Management (OCM)
governs the licensing scheme. The City may be able to take measures to attract individuals or
businesses who receive licenses to operate within the City's bounds. Tax revenue received by
the City is directly correlated to the sales stemming from retail dispensaries located within the
City. Success in achieving this action will be measured by the City actively monitoring the
regulatory framework related to retail sales, and to the extent allowable, any action the City takes
to promote retail locations within its borders.
Realized marijuana revenues have been significantly below state and local projections. The
City’s first marijuana revenue was received in FY 2025 and totaled $14,793 year-to-date,
requiring a substantial downward adjustment to projected revenues in the Multi-Year Financial
Plan.
o Advance Hillside / Urban Renewal Development
Performance Measures: Advance redevelopment of City-owned hillside and urban renewal
properties to expand the tax base, stimulate private investment, and generate new taxable value.
Goal 3: Expenditure Stabilization.
Local Actions:
 Stabilize Expenditures between City fiscal years 2026-2029 the City will:
o In CFY 2024, the City completed negotiations on all expired Collective
Bargaining Agreements (CBAs) with unions.


PBA agreement was reached December 2022.



CSEA agreement was reached May 2023.



IAFF agreement was reached October 2023.



PSOA agreement was reached December 2024.

Performance Measures: This action is completed and will re-open upon contract renewal. All
contracts expire 12/31/2026.

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o Maintain and reduce overtime in Fire and Police departments.
Performance Measures: In CFY 2023 the City significantly reduced overtime in the Fire
department. The overtime in the Fire department decreased $778K or 45% in FY 2022 from FY
2021. In CFYs 2023 & 2024 the City maintained the reduced Fire department overtime levels,
ending the CFYs under budget. The overtime in the Police department decreased $226K or 15%
in FY 2022 from FY 2021. Conversely, in CFYs 2023 & 2024 the City’s Police department
overtime increased due to salary increases and covering vacancies. Addressing the hiring and
retention issue in the Police department is estimated to reduce overtime by 50% or $900K. The
City implemented new provisions of the recently negotiated CBAs to manage overtime use.
This allows the City to:
1. Improve estimation of overtime based on predictive scheduling.
2. Reduce overtime based on improved scheduling and better oversight of process.
o Maintain City-wide staffing levels steady through CFY 2028
Performance Measures: This action will be measured by comparing 2025 authorized staffing
levels, currently 330 authorized positions, to staffing levels in CFYs 2026-2028. The Multiyear
plan anticipates a small increase to 331 authorized positions in CFY 2029.
Goal 4: Debt & Capital Financial Planning
Local Action:
 Coordinate long-term debt planning with the City’s capital projects to support
major planned investments while maintaining affordability and credit quality
between fiscal years 2026-2029.
o Plan for the acquisition of a new municipal facility in FY 2026, with anticipated
construction costs to be financed through long-term bonding in FY 2027 or FY
2028.
o Finalize financing of the Newburgh Landing project, currently estimated at
approximately $15 million, supported by nearly $4 million in Orange County
funding, with the remaining $10–$11 million expected to be financed through
bonding absent additional grant awards.
Performance Measures: Maintaining compliance with statutory debt limits and preserve
adequate debt contracting margin while layering-in planned debt issuances. Limit annual debt
service growth to levels consistent with long-term revenue capacity.

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General Fund Total Benefit of Local Actions: Collectively, these local actions support the
City’s long-term fiscal stability by strengthening fund balance management, diversifying and
expanding revenue sources, and responsibly planning for future capital and infrastructure
investments. Strategic revenue initiatives including redevelopment efforts, anticipated growth in
hotel occupancy tax, and conservative treatment of emerging revenues are paired with
disciplined expenditure and debt planning to ensure the City can meet both current service
demands and future capital needs while maintaining affordability and financial resilience.
Water Fund
In local fiscal years 2026-2029, the City of Newburgh has the following goals for working
toward restoring fiscal balance in the Water Fund:
1. Continue to implement Multiyear Water Rate Increases to meet needs of Water Fund
and address record post-pandemic inflation which has outpaced previously planned
rate increases.
2. Secure renewals of State contracts related to reimbursement of PFOS-related
expenses and Water reimbursement.
Goal 1: User Fee Increases to support expenses of Water Fund.
Local Action:
 Adopt budgets consistent with water rate study and recommendation of Director of
Finance between fiscal years 2026-2029.
Performance Measures: Success in achieving this action will be measured by the adopted
budget increase in user fees consistent with the following levels. In CFY 2024 the City
conducted a rate analysis to determine what future rate increases will need to be implemented to
stabilize the fund.
No water rate increases are proposed for FY 2026. In recognition of continued economic
challenges and cost pressures facing residents and businesses, the City elected to hold rates flat
for the fiscal year while continuing to closely monitor operating and capital needs.

Actual
2025
2026
15.0%
0.0%

Forecast
2027 2028 2029
6.0% 6.0% 6.0%

2030
6.0%

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Goal 2: Renewal of State contract(s) reimbursing City PFOS related expenses.
Local Action:
 Secure current and future renewals regarding state contracts that allow for
reimbursement of PFOS related expenditures and reimbursement for purchase of
water. Without these contracts, the water fund cash and solvency would quickly
diminish, forcing the City to raise user fees an unconscionable 80-90%. The Water fund
relies on these contracts to address the increased expenses the City must incur to provide
an alternative clean drinking water source due to the previous contamination of its
primary water supply by the federal government.
Performance Measures: Success in achieving this action will be measured by securing funding
of the City’s PFOS related expenses and alternative source water purchases through the renewal
of State contracts or other funding methods.
Water Fund Total Benefit of Local Actions:
Prior to 2020, the City had not increased water rates for several years. By phasing these water
rate increases over a multi-year period (2020-2030), rate payers avoid one large increase and the
water fund will reach a sustainable operating revenue (assuming continued reimbursement by the
State for PFOS/water related items).
Sewer Fund
In local fiscal years 2026-2029, the City of Newburgh has the following goal for the Sewer
Fund:
1. Continue to implement Multiyear Sewer Rate Increases to meet capital needs and
consent decree mandates and address record post-pandemic inflation which has
outpaced previously planned rate increases.
Goal 1: User Fee Increases to support expenses of Sewer Fund.
Local Action:
 Adopt budgets consistent with Sewer study and recommendation of Director of
Finance between fiscal years 2026-2029.
Performance Measures: Success in achieving this action will be measured by the adopted
budget increase in user fees consistent with the following levels. In CFY 2024 the City
conducted a rate analysis to determine what future rate increase will need to be implemented.
No sewer rate increases are proposed for FY 2026. In recognition of continued economic
challenges and cost pressures facing residents and businesses, the City elected to hold rates flat
for the fiscal year while continuing to closely monitor operating and capital needs.

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Actual
2025
2026
16.2%
0.0%

Forecast
2027 2028 2029
6.5% 6.5% 6.5%

2030
6.5%

Sewer Fund Total Benefit of Local Actions:
The Sewer fund is highly solvent as measured by unrestricted net assets as a percentage of
expenditures. However, it has one of the largest financial demands as it relates to infrastructure,
repair and maintenance, capital items and consent decree items. Therefore, the City must be
vigilant in implementing the rate increases as recommended in the Sewer Study to maintain the
funds’ financial ability to respond to the stated items.
Sanitation Fund
In local fiscal years 2026-2029, the City of Newburgh has the following goals for the Sanitation
Fund:
1. Continue to monitor user fee levels to support Sanitation Fund expenses.
2. Bring unrestricted net assets out of the negative.
Goal 1: User fee increases to support expenses of Sanitation Fund (as needed).
Local Action:
 Adopt budgets consistent with sanitation rate increases recommended by the
Director of Finance between fiscal years 2026-2029. Due to increases in tipping fees
and local closure of landfill, resulting in significant travel to drop off refuse, the City
implemented an increase of 5% in 2023, and 8% in 2025.
Performance Measures: Success in achieving this action will be measured by the adopted
budget increase in user fees consistent with the following levels.

Actual
2025
2026
8.0%
0.0%

Forecast
2027 2028 2029
0.0% 0.0% 0.0%

2030
0.0%

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Goal 2: Operate annual surpluses through CFY 2027 to reverse unrestricted net assets
balance of negative $1.1 million at the end of CFY 2023.
Local Action:
 Adopt budgets with contingency balances, which will increase net assets at year-end
by unused amount.
Performance Measures: Success in achieving this action will be measured by achieving a
positive unrestricted net assets position in the sanitation fund by end of CFY 2027.
Sanitation Fund Total Benefit of Local Actions:
The Sanitation fund was recently pulled out of a structural imbalance, which persisted for several
fiscal years resulting in negative net assets (fund balance). A 55% increase in user fees effective
fourth quarter billing in CFY 2019 corrected the structural imbalance in the 2020 budget and
beyond. However, the long-term impact to sanitation funds’ budgetary reserves (unrestricted net
assets) has not yet recovered. The projected surpluses through CFY 2027 will bring this fund’s
budgetary reserves into the positive range, increasing the fiscal strength of this fund.
Thank you,

Todd Venning
City Manager/CEO

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RESOLUTION NO.: _____ - 2026
OF
MARCH 9, 2026
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH AQUATICS INFORMATICS INC.
FOR INDUSTRIAL WASTEWATER DATA MANAGEMENT SOFTWARE
AND RELATED SERVICES
FOR THE CITY OF NEWBURGH WASTEWATER TREATMENT PLANT
WHEREAS, Aquatics Informatics Inc. offers a water management information system
through its Hach WIMS software platform that automates various types of water data more
efficiently and effectively; and
WHEREAS, the City of Newburgh has received a proposal for software subscription
reporting and related services to manage the industrial pretreatment program at the Wastewater
Treatment Plant; and
WHEREAS, the one-time start-up cost for the software, services, equipment and training is
$21,226.40 with recurring annual fees of $1,320.00 and such funding shall be derived from
G.1440.0448.0001; and
WHEREAS, the City Council finds that entering into such a contract with Aquatics
Informatics Inc. for the subscription-based industrial wastewater data management software and
related services is in the best interests of the City of Newburgh;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Newburgh, New
York that the City Manager of the City of Newburgh be and he is hereby authorized to enter into
an agreement with Aquatics Informatics Inc., as annexed hereto, to provide Hach WIMS
industrial wastewater management software and related services to the City of Newburgh
Wastewater Treatment Plant.

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Quote 00023049
Details:

Prepared For:

Created On: 22 Jul 2025
Expires On: 30 Jan 2026

Chad Wade

[email protected]
City of Newburgh, Engineering Department
83 Broadway
Newburgh, NY 12550

Submitted By:

Teri Merrifield
Senior Account Executive

[email protected]
Bryan Sharpnack
Senior Technical Sales Engineer
[email protected]

Aquatic Informatics Inc.

Page 1 of 4

Confidential - Company Proprietary

Page 14 of 75

Quote Summary:
WIMS for Newburg IPP. The WIMS Services hours listed below detail the projects specific needs. The hours and SOW
has been approved by Professional Services.

Product
WIMS-CLASSIC-OP
WIMS Classic (Operation-Based)

Sales Price

Term

Qty

Total Price

$1,320.00

12mos

1.0

$1,320.00

$265.33

12mos

80.0

$21,226.40

$0.00

12mos

10.0

$0.00

WIMS Classic software subscription for contract or private water
systems for a water or wastewater treatment project or operation.
Subscription includes WIMS Classic with unlimited users and standard
product features including dashboards, reporting, and dynamic
spreadsheets. Price is per project/operation.

DM_WIMS-SERVICES
WIMS Services
Remote Hourly services for development of 4 industries and
development of the following reports:
Unitex
Newburgh Water Outfall
Miller
Newburgh Metals
CNBAnnuallPPReport2022_2023
Industrial Permit Renewal Application

AA-WIMS
Aquatic Academy User Subscription - WIMS Classic
Annual user subscription to the Aquatic Academy, a state-of-the-art
learning management system for superior customer education and
training. Provides access to online courses for WIMS software and is
available 24x7x365. Users will learn at their own pace on their own
schedule and complete quizzes and earn a final certification to ensure
comprehension. All courses are available to take as many times as
desired. The Aquatic Academy is an ideal solution for new users,
refresher training for power users and everything in between.

Summary of Products & Services
Software Licenses (One-Time License Fees): $0.00 USD
Professional Services (One-Time Service Fees): $21,226.40 USD
Recurring Annual Fees (SaaS & SMA): $1,320.00 USD

GRAND TOTAL:

$22,546.40 USD

All prices are quoted exclusive of taxes.

Aquatic Informatics Inc.

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Confidential - Company Proprietary

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Order Details
To proceed with a purchase, please sign this quote (preferably via Docusign) and provide us with a Purchase Order (PO)
so we can process your order and provide you with payment instructions. Please email your Purchase Order to
[email protected] and please reference quote 00023049.
Teri Merrifield

[email protected]

Aquatic Informatics Inc.
5600 Lindbergh Dr
Loveland, CO 80538
FEIN: 47-2917533

Terms and Conditions
By signing this quote, you are agreeing to the Aquatic Informatics' Terms and Conditions (located at
https://aquaticinformatics.com/terms-conditions/) and online Service Offering and Service Level Agreement (see links
below). This agreement is made between the customer named above ("Subscriber") and Aquatic Informatics Inc., having
an address at 5600 Lindbergh Dr, Loveland, CO 80538 ("Provider"), and sets forth the terms and conditions on which
Aquatic Informatics will supply Products and Services to the customer.
All Aquatic Informatics Software (exceptions noted below):
• SaaS: Services Offering and Service Level Agreement
https://aquaticinformatics.com/saas-service-offering/
•

On-Premise: Software License Agreement
https://aquaticinformatics.com/on-premise-software/

Exceptions:
• WIMS Online: WIMS Online Services Offering and Service Level Agreement
https://aquaticinformatics.com/wims-online-saas/
•

WIMS On-Premise: WIMS On-Premise Software License Agreement
https://aquaticinformatics.com/wims-on-premise/

Aquatic Informatics Inc.

Page 3 of 4

Confidential - Company Proprietary

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Electronic Acceptance
Expiration Date: Must be signed by 30 Jan 2026
Subscriber: Entech Engineering
Subscriber Signature:

Per:
Name:
Title:
Date:

Subscriber Details:

Phone:
Email:
City of Newburgh, Engineering Department
83 Broadway
Newburgh, NY 12550
United States

Provider: Aquatic Informatics
Provider Signature:

Per:
Name:
Title:
Date:

Aquatic Informatics Inc.

Page 4 of 4

Confidential - Company Proprietary

Page 17 of 75

Terms & Conditions of Sales
Effective February 11, 2025

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND
CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING
ANY OF THE SERVICES OR SOFTWARE PROVIDED BY AQUATIC INFORMATICS OR ITS
SUBSIDIARIES OR AFFILIATES, YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS AND
CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY
OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND
THAT ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH
AUTHORITY OR DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MAY NOT
USE THE SERVICES OR SOFTWARE.
Terms and Conditions of Sale
This document sets forth the Terms & Conditions of Sale for software, goods manufactured and/or
supplied, and services provided, by Aquatic Informatics (“Provider”) or any of its affiliates or subsidiaries
identified as the selling entity listed on the accompanying software, service or other agreement
accompanying these Terms and Conditions and sold to the original purchaser thereof (“Subscriber”). Unless
otherwise specifically stated in a previously executed written purchase agreement signed by authorized
representatives of Provider and Subscriber, these Terms & Conditions of Sale establish the entirety of the
rights, obligations and remedies of Provider and Subscriber which apply to this offer and any resulting order
or contract for the sale of Provider’s software, goods and or serviceeats (“Service Offering/Work”).
APPLICABLE TERMS & CONDITIONS
These Terms & Conditions of Sale are contained directly and/or by reference in Provider’s offer, order
acknowledgment, Service Offering and Service Level Agreement and any related invoice documents
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(collectively “Service Offering Agreement”). The first of the following acts constitutes an acceptance
of Provider’s offer and not a counteroffer and creates a contract of sale in accordance with these Terms &
Conditions: (i) Subscriber’s issuance of a purchase order document against Provider’s offer; (ii)
acknowledgement of Subscriber’s order by Provider; or (iii) commencement of any performance by Provider
pursuant to Subscriber’s order. Provisions contained in Subscriber’s purchase documents (including
electronic commerce interfaces) that are in conflict with, materially alter, add to and/or subtract from the
provisions of these Terms & Conditions of Sale are not a part of the Service Offering Agreement.
1. Fees and Payment.
1. Fees and Payment. Fees charged for the Services Offering/Work are set out in your quotation. All such
fees are payable on a net 30 days basis without setoff or counterclaim, and without any deduction or
withholding. Provider will notify you if there are any fees charged for new options applicable to the Service
Offering/Work or if there are fee increases. Overdue invoices will accrue interest at the rate of 1.5% of the
outstanding balance per month.
1.2 Upon request, the Provider may offer optional professional services (PS) to the Subscriber under
mutually agreed terms outlined in a Quote or Statement of Work (SOW), which may include software
installation, implementation services, and training. It is the Subscriber’s responsibility to ensure that project
schedules, milestones, and deliverables are aligned with their expectations as specified in the Quote or
SOW. Any changes to information related to adjustments in milestones or pricing must be communicated in
writing and mutually agreed upon by both the Provider and the Subscriber. Charges for PS that have
commenced according to the milestones defined in the Quote or SOW are non-cancellable, and the
Subscriber is required to pay accordingly. Unless terminated for cause, PS will be provided and charged
based on the agreed milestones and schedules, if changes were not mutually agreed upon. Penalties
related to project delays and project holds will be detailed in the Quote or SOW.
2. Consequences of Breach.
Provider may terminate your Service Offering/Work access if you breach, or Provider has a reasonable basis
to believe you will breach any part of the Services Offering Agreement in a way that: (i) poses a security risk
to Provider or any third party, (ii) may adversely impact the Service Offering/Work, Provider or a third
party’s operations, (iii) may subject Provider or any third party to liability, or (iv) may be fraudulent; or (v)
breaches applicable law or regulation.
Provider will give Subscriber written notice of such breach. If such breach is not corrected in the time
required by the Provider, the Provider may terminate the Service Offering/Work.
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2.1. Instead of termination Provider may choose to suspend your right to access or use any portion or all the
Service Offering/Work. In such event;
a) you remain responsible for all fees and charges you have incurred through the date of suspension;
b) you remain responsible for any applicable Service Offering/Work fees for any modules to which you
continue to have access (including hosting, data storage fees or fees for in-process tasks completed after
the date of suspension; and
c) you will not be entitled to any service credits for any period of suspension.
Provider’s right to suspend Subscriber’s access or use the Service Offering/Work is in addition to Provider’s
termination rights set out below.
3. Term and Termination. Unless defined in your SOW, the Service Offering Agreement becomes effective
when the quotation is signed by both Subscriber and Provider. If not stated in the quote the Subscription
Term will be for a yearly term and will automatically renew for successive yearly periods unless a party
notifies the other in writing not less than thirty (30) days prior to expiration of intent to not renew.
Provider’s right to suspend Subscriber’s access or use the Service Offering/Work is in addition to Provider’s
termination rights set out below.
3. Term and Termination.
The Service Offering Agreement becomes effective when the quotation is signed by both Subscriber and
Provider. The term of thee Service Offering Agreement shall commence when Provider sends Subscriber
login credentials for the Services Offering/Work quoted and is for the length of time stated on the
quotation (“Subscription Term”). If not stated in the quote the Subscription Term will be for a yearly term
and will automatically renew for successive yearly periods unless a party notifies the other in writing not
less than thirty (30) days prior to expiration of intent to not renew.
3.1 Additionally, the Services Offering Agreement shall terminate in each of the following events:
a) Either party may terminate the Service Offering Agreement if the other becomes insolvent or bankrupt or
makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for
the other, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the other and
is not dismissed within 30 days following commencement thereof.
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b) Either party may terminate the Services Offering Agreement for cause upon thirty (30) days advance
notice to the other if there is any material default or breach by the other, unless the defaulting party has
cured the material default or breach within the thirty (30) day notice period.
c) Termination as set forth in Section 3.
If the Services Offering Agreement subscription is terminated for cause by Subscriber, then Provider shall
refund Subscriber any prepaid fees covering the remainder of the Subscription Term after the effective date
of termination. Upon termination for cause by Provider, Subscriber shall pay any unpaid fees covering the
remainder of the Subscription Term after the effective date of termination. In no event shall any
termination relieve Subscriber of the obligation to pay any fees payable to Provider for the period prior to
the effective date of termination.
3.2. Any post-termination assistance additional to that described below is subject to mutual written
agreement.
(a)Generally. Upon any termination of the Services Offering Agreement:
(i) all your rights under immediately terminate;
(ii) you remain responsible for all fees you have incurred through the date of termination, including fees for
in-process tasks completed after the date of termination;
(iii) you will immediately return or, if instructed by us, destroy all Confidential Information provided to you
by the Provider.
(b) Post-Termination Assistance. Following termination:
(i) unless notified otherwise by you, for a period of thirty (30) days following termination we will not erase
any of your Content (which is defined to include all information provided by Subscriber through
configuration of the Service Offering/Work or any data submitted by the Subscriber, or by any party
authorized by the Subscriber to submit data to support or enable the Service Offering/Work) as a result of
the termination in order to allow you retrieve your Content;
(ii) you may retrieve your Content from the Service Offering/Work only if you have paid all fees due to
Provider;

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(ii) if more than thirty (30) days post-termination are required for you to retrieve all your Content, you will
be charged for a month-to-month subscription service for each additional thirty (30) day period you require
to retrieve your Content;
(iv) upon retrieval of your Content, you may instruct Provider to destroy all copies of your Content stored
on the Service Offering/Work and request Provider to provide certification in writing that all your Content
has been destroyed within fifteen (15) days of Provider receiving Subscriber instructions; and
(v) Provider will provide you with the same post-termination data retrieval assistance that it generally
makes available to all Subscribers on a time and materials basis at then stated hourly rates.
4. Proprietary Rights and Confidentiality.
4.1 Ownership.
a) “Proprietary Information” means any information, technical data or know-how in whatever form,
including, but not limited to, documented information, machine readable or interpreted information,
information contained in physical components, mask works and artwork, which Provider considers
proprietary. All Proprietary Information and intellectual property rights, title and interest, including
copyright and trade secret rights in and to anything associated with the Service Offering/Work and the
Content remains that of Provider. As between Provider and Subscriber, Subscriber exclusively owns all
rights, title and interest in and to all of Subscriber’s Content. No right or license is granted hereby to
Subscriber or its customers, employees or agents, expressly or by implication, with respect to the
Proprietary Information or any patent, patent application or other proprietary right of Provider, except for
the limited use licenses implied by law.
b) Subscriber shall not (i) permit any third party to access the Service Offering/Work except as expressly
permitted, (ii) create derivative works based on the Service Offerings, (iii) copy, frame or mirror any part or
content of the Services, (iv) reverse engineer the Service Offering/Work, or (v) access the Service
Offering/Work in order to build a competitive product or service, or copy any features, functions or
graphics of the Service Offering/Work.
c) Using the Service Offering it is possible to collect aggregated anonymized data in which all personal
identifiers have been removed, such that the information could not reasonably be used to identify an
individual, which is collected and stored without association with Personally Identifiable Information (PII)
and does not identify Subscriber or any of Subscriber’s personnel in any way (“Aggregated Data”). Provider
may collect, use and disclose such Aggregated Data for any purposes including for research, analysis,
reporting and to further develop the Service Offerings and ancillary services. Provider has exclusive
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ownership, use, and distribution rights to such Aggregated Data for any purpose, including, but not limited
to, advertising, marketing, and promotion of opportunities to other clients and prospective clients of its
Service Offering/Work.
4.2 “Confidential Information” means information concerning any information relating to the business and
technology of either party which is not generally available to third parties and which is treated by the
parties, in accordance with their policies, as confidential information or a trade secret and specifically
includes the Services, either parties Content, business processes, information about either parties
customers or users in any manner, shape or form or other like information. For the purposes of this Service
Offering, a party disclosing Confidential Information is a Discloser and the party receiving Confidential
Information is a Recipient. Confidential Information does not include information which is: at the time of
disclosure, or thereafter becomes part of the public domain without any violation by the Recipient; already
in the Recipient’s possession before disclosure of such information to the Recipient by the Discloser;
following the date of the signed quotation is furnished to the Recipient by a third party without that third
party being in breach directly or indirectly of an obligation to the Discloser to keep such information secret
confidential and secret; and developed independently by the Recipient without use of Discloser’s
Confidential Information as evidenced by reasonably detailed written records.
4.3 Confidentiality. The following terms apply to Confidential Information and the ownership thereof. All
Confidential Information is owned by the respective parties. Neither party will, at any time, whether before
or after the termination, disclose, furnish, or make accessible to anyone any Confidential Information or
permit the occurrence of any of the foregoing. Each party will hold the other’s Confidential Information in
confidence and will protect each other’s Confidential Information with the same degree of care with which
it treats its own Confidential Information, but in no case with any less degree than reasonable care. For
certainty, Recipient and its customers, employees and agents will keep confidential all such Proprietary
Information obtained directly or indirectly from Provider and will not transfer or disclose it without
Providers prior written consent, or use it for the manufacture, procurement, servicing or calibration of Work
or any similar products, or cause such products to be manufactured, serviced or calibrated by or procured
from any other source, or reproduce or otherwise appropriate it without Provider’s prior written consent.
Confidential Information may be disclosed to a party only to employees or consultants having a need-toknow provided such parties are bound by confidentiality obligations. If Confidential Information is disclosed
inadvertently the disclosing party will immediately notify the other party and will assist the other party in
remedying the confidentiality breach. If Confidential Information is required to be disclosed pursuant to a
valid subpoena, governmental order, judicial order or other operation of law the disclosing party will
immediately notify the other party and will assist the other party seeking a protective order or other similar
appropriate remedy in order to limit the Confidential Information disclosure to the extent possible or
practicable.
Page 23 of 75

5. Miscellaneous.
The parties acknowledge that each is an independent contractor and nothing in this Service Offering
Agreement constitutes a joint venture or partnership and neither party has the right to bind nor act for the
other as agent or in any other capacity.
5.1 Sections 5 and 6 and any other sections that may be reasonably construed as intended to survive shall
survive termination of the Service Offering Agreement.
5.2 Upon consent by Provider, this Service Offering Agreement may be used for cooperative procurement
by any public or municipal body, entity, agency or institution, If so authorized, and in order to forego a
related entity RFP or similar competitive bidding process, the Service Offering Agreement may be extended
to such other entities for the procurement of similar products and/or services provided to Subscriber and at
fees in accordance with the Service Offering Agreement unless separately negotiated between such other
entities and Provider. Further related entities participating in a cooperative procurement process shall place
their own orders directly with Provider. Provider and such other entities will fully and independently
administer their own separate contracting processes but all in accordance with substantially similar
contracting processes as set out in this Service Offering Agreement.
6. Prices.
All prices, unless stated otherwise, are in U.S. dollars and are based on delivery as stated above unless
otherwise quoted by Provider. Prices do not include any charges for services such as insurance; brokerage
fees; sales, use, inventory or excise taxes; import or export duties; special financing fees; VAT, income or
royalty taxes imposed outside the U.S.; consular fees; special permits or licenses; or other charges imposed
upon the production, sale, distribution, or delivery of the Work. Subscriber will either pay all such charges
or provide Provider with acceptable exemption certificates, which obligation survives performance under
this Service Offering Agreement.
7. Limited Warranty.
Provider warrants that the Service Offering/Work sold hereunder will be free from defects in material and
workmanship and will, when used in accordance with the manufacturer’s operating and maintenance
instructions, conform to any express written warranty pertaining to the specific Service Offering/Work
purchased. Provider warrants that Work furnished hereunder will be free from defects in workmanship for a
period of ninety (90) days from the completion of the Work. Parts provided by Provider in the performance
of services may be new or refurbished parts functioning equivalent to new parts. Any non-functioning parts
that are repaired by Provider shall become the property of Provider. All other guarantees, warranties,
Page 24 of 75

conditions and representations, either express or implied, whether arising under any statute, law,
commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular
purpose, are hereby excluded. The sole remedy for Service Offering/Work not meeting this Limited
Warranty is at Provider’s option: repair, replacement, or credit or refund of the purchase price. This remedy
will not be deemed to have failed of its essential purpose so long as Provider is willing to provide such
replacement, credit or refund.
8. Indemnification.
All indemnification obligations imposed upon Provider are limited to the extent of those damages
proportionately caused by Provider’s breach of the Service Offering Agreement, negligence, wrongful
conduct, or violations of law. In no case is Provider liable for any damages caused by negligence, misuse or
misapplication of Service Offering/Work by others. Subscriber shall defend, indemnify and hold harmless
Provider against all damages to the extent cause by misuse or misapplication of Service Offering/Work,
breach of this Service Offering Agreement, negligence, wrongful conduct, or violations of law by Subscriber
or its affiliates or those employed by, controlled by or in privity with them, and Subscriber agrees to so
defend and indemnify Provider.
9. Patent Protection.
Subject to all limitations of liability provided herein, Provider will, with respect to any Service
Offering/Work of Provider’s design or manufacture, indemnify Subscriber from any and all damages and
costs as finally determined by a court of competent jurisdiction in any suit for infringement of any Canadian
or U.S. patent (or European patent for Service Offering/Work that Provider sells to Subscriber for end use in
a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal
use of any Service Offering/Work sold to Subscriber hereunder and from reasonable expenses incurred by
Subscriber in defense of such suit if Provider does not undertake the defense thereof, provided that
Subscriber promptly notifies Provider of such suit and offers Provider either (i) full and exclusive control of
the defense of such suit when Service Offering/Work of Provider only are involved, or (ii) the right to
participate in the defense of such suit when products other than those of Provider are also involved.
Provider’s warranty as to use patents only applies to infringement arising solely out of the inherent
operation of the Service Offering/Work according to their applications as envisioned by Provider’s
specifications. In case the Service Offering/Work are in such suit held to constitute infringement and the
use of the Work is enjoined, Provider will, at its own expense and at its option, either procure for Subscriber
the right to continue using such Service Offering/Work or replace them with non-infringing software,
services, and/or products, or modify them so they become non-infringing, or remove the Service
Offering/Work and refund the purchase price (prorated for depreciation) and the transportation costs
Page 25 of 75

thereof. The foregoing states the entire liability of Provider for patent infringement by the Service
Offering/Work. Further, to the same extent as set forth in Provider’s above obligation to Subscriber,
Subscriber agrees to defend, indemnify and hold harmless Provider for patent infringement related to (a)
any Service Offering/Work or goods manufactured to the Subscriber’s design, (b) software or services
provided in accordance with the Subscriber’s instructions, or (c) Provider’s Service Offering/Work when
used in combination with any other devices, parts or software not provided by Provider hereunder.
10. Software and Data.
All licenses to Provider’s separately provided software products are subject to the separate software
license agreement(s) accompanying the software media. Except to the extent such express licenses conflict
with the remainder of this paragraph, the following also applies relative to Provider’s software: Provider
grants Subscriber only a personal, non-exclusive license to access and use the software provided by
Provider with the Service Offering/Work purchased hereunder solely as necessary for Subscriber to enjoy
the benefit of the Service Offering/Work. A portion of the software may contain or consist of open-source
software, which Subscriber may use under the terms and conditions of the specific license under which the
open-source software is distributed. Subscriber agrees that it will be bound by all such license agreements.
Title to software remains with the applicable licensor(s). In connection with Subscriber’s use of the Service
Offering/Work, Provider may obtain, receive, or collect data or information, including data produced by the
Service Offering/Work. In such cases, Subscriber grants Provider a non-exclusive, worldwide, royalty-free,
perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce, or create
derivative works of such data, or to aggregate such data for use in an anonymous manner, solely to
facilitate marketing, sales and R&D activities of Provider and its affiliates.
11. Export and Import Licenses and Compliance with Laws and Related Company Policies.
Unless otherwise specified in this Service Offering Agreement, Subscriber is responsible for obtaining any
required export or import licenses. Provider represents that all Service Offerings/Work delivered hereunder
will be produced and supplied in compliance with all applicable laws and regulations. Subscriber will
comply with all laws and regulations applicable to the installation or use of all such Service Offerings/Work,
including applicable import and export control laws and regulations of the U.S., E.U., and any other country
having proper jurisdiction, and will obtain all necessary export licenses in connection with any subsequent
export, re-export, transfer and use of all Work and technology delivered hereunder. Subscriber will not sell,
transfer, export or re-export any Provider Service Offering/Work or technology for use in activities which
involve the design, development, production, use or stockpiling of nuclear, chemical or biological weapons
or missiles, nor use Provider Service Offerings/Work or technology in any facility which engages in activities
relating to such weapons. Subscriber will comply with all local, national, and other laws of all jurisdictions
Page 26 of 75

globally relating to anti-corruption, bribery, extortion, kickbacks, or similar matters which are applicable to
Subscriber’s business activities in connection with this Service Offering Agreement, including but not
limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”). Subscriber agrees that no
payment of money or provision of anything of value will be offered, promised, paid or transferred, directly
or indirectly, by any person or entity, to any government official, government employee, or employee of
any company owned in part by a government, political party, political party official, or candidate for any
government office or political party office to induce such organizations or persons to use their authority or
influence to obtain or retain an improper business advantage for Subscriber or for Provider, or which
otherwise constitute or have the purpose or effect of public or commercial bribery, acceptance of or
acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any
improper advantage, with respect to any of Subscriber’s activities related to this Service Offering
Agreement. Provider asks Subscriber to “Speak Up!” if aware of any violation of law, regulation or our Code
of Conduct (“Code of Conduct”) in relation to this Service Offering. See Integrity and compliance | Veralto
for a copy of the Code and for access to our Helpline portal.
12. Force Majeure.
Provider is excused from performance of its obligations under this Service Offering Agreement to the
extent caused by acts or omissions that are beyond its control, including but not limited to Government
embargoes, blockages, seizures or freeze of assets, delays or refusals to grant an export or import license or
the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather
conditions, or any other acts of God; quarantines; labor strikes or lockouts; riots; strife; insurrections; civil
disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to Provider by
third parties. In the event of the existence of any force majeure circumstances, the period of time for
delivery, payment terms and payments under any letters of credit will be extended for a period of time
equal to the period of delay. If the force majeure circumstances extend for six months, Provider may, at its
option, terminate any part of or all of this Service Offering Agreement without penalty and without being
deemed in default or in breach thereof.
13. Non-Assignment and Waiver.
Subscriber will not transfer or assign this Service Offering Agreement or any rights or interests hereunder
without Provider’s prior written consent. Failure of either party to insist upon strict performance of any
provision of this Service Offering Agreement, or to exercise any right or privilege contained herein, or the
waiver of any breach of the terms or conditions of this Service Offering Agreement will not be construed as
thereafter waiving any such terms, conditions, rights, or privileges, and the same will continue and remain
in force and effect as if no waiver had occurred.
Page 27 of 75

14. Limitation of Liability.
Provider, its affiliates, subsidiaries, and each of their respective directors, officers, members, partners,
and/or employees (individually, a “Provider Indemnified Party” and collectively, the “Provider Indemnified
Parties”) will not be liable to Subscriber under any circumstances for any special, treble, incidental or
consequential damages, including without limitation, damage to or loss of property other than for the
Work purchased hereunder; damages incurred in installation, repair or replacement; lost profits, revenue or
opportunity; loss of use; losses resulting from or related to downtime of the products or inaccurate
measurements or reporting; the cost of substitute products; or claims of Subscriber’s customers for such
damages, howsoever caused, and whether based on warranty, contract, and/or tort (including negligence,
strict liability or otherwise). The total liability of the Provider Indemnified Parties arising out of the
performance or non-performance hereunder or Provider’s obligations in connection with the design,
manufacture, sale, delivery, and/or use of the Service Offering/Work will in no circumstance exceed in the
aggregate a sum equal to twice the amount actually paid to Provider for any Service Offering/Work
delivered hereunder.
15. Applicable Law and Dispute Resolution.
The construction, interpretation and performance hereof and all transactions hereunder shall be governed
by the laws of the Province of British Columbia, without regard to its principles or laws regarding conflicts
of laws. If any provision of this Service Offering Agreement violates any Federal, State or local statutes or
regulations of any countries having jurisdiction of this transaction, or is illegal for any reason, said provision
shall be self-deleting without affecting the validity of the remaining provisions. Unless otherwise specifically
agreed upon in writing between Provider and Subscriber, any dispute relating to this Service Offering
agreement which is not resolved by the parties shall be adjudicated in order of preference by a court of
competent jurisdiction (i) in the Province of British Columbia, if Subscriber has minimum contacts with
British Columbia and, (ii) elsewhere in Canada if Subscriber has minimum contacts with Canada, but not
British Columbia, (iii) in the State of New York if Subscriber does not have minimum contacts with Canada.
16. Funds Transfers.
Subscriber and Provider both recognize that there is a risk of banking fraud when individuals impersonating
a business demand payment under new banking or mailing instructions. To avoid this risk, Subscriber must
verbally confirm any new or changed bank transfer or mailing instructions by calling Provider and speaking
with Provider’s accounts receivable contact before mailing or transferring any monies using the new
instructions. Both parties agree that they will not institute mailing or bank transfer instruction changes and
require immediate payment under the new instructions but will instead provide a ten (10) day grace period
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to verify any payment instruction changes before any new or outstanding payments are due using the new
instructions.
17. Entire Agreement & Modification.
These Terms & Conditions of Sale and accompanying software or service agreement constitute the entire
agreement between the parties and supersede any prior agreements or representations, whether oral or
written. No change to or modification of these Terms & Conditions shall be binding upon Provider unless in
a written instrument specifically referencing that it is amending these Terms & Conditions of Sale and
signed by an authorized representative of Provider. Provider rejects any additional or inconsistent Terms &
Conditions of Sale offered by Subscriber at any time, whether or not such terms or conditions materially
alter the Terms & Conditions herein and irrespective of Provider’s acceptance of Subscriber’s order for the
described Service Offering/Work.

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Page 29 of 75

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Page 30 of 75

RESOLUTION NO.:

________ -2026

OF
MARCH 9, 2026
A RESOLUTION AMENDING AND RESTATING THE SALARY AND BENEFIT PLAN
FOR NON-BARGANING UNIT EMPLOYEES
BE IT RESOLVED, by the Council of the City of Newburgh that Resolution No. 1242022, Resolution No. 241-2023, Resolution No. 272-2024 and Resolution No. 253-2025,
establishing a salary and benefit plan for non-bargaining unit employees, is hereby amended and
restated as follows:
Section 1:

Covered Employees

This resolution shall apply to all salaried officers and salaried permanent employees of the City of
Newburgh who work regular hours of no less than 35 hours per week and who are not members of
any collective bargaining unit.
Section 2:
(a)

Holidays
Employees covered by this resolution shall be granted leave with pay for the following
holidays:
New Year’s Day
Martin Luther King’s Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day

(b)

Columbus Day
General Election Day
Veteran’s Day
Thanksgiving Day
Friday following Thanksgiving Day
Christmas Day

Holiday Pay
The following 24-hour, emergency, on-call personnel shall receive holiday pay in lump
sum payment equal to 12 days’ pay at their established salary in the first pay period in
December of each year:
Police Commissioner, Police Chief, Fire Chief, Superintendent of Public Works, City
Engineer, Commissioner of Public Works, and Water Superintendent.
Effective January 1, 2024, Holiday Pay is eliminated.

-1-

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Section 3: Vacation
(a)

All new employees must work one full year from their date of appointment before
being eligible to take a vacation.

(b)

Vacation may only be taken with the prior approval of the department head or the
City Manager. Approval shall not be unreasonably withheld.

(c)

Employees shall earn vacation time in accordance with the following schedule:
I.

City Manager and Department Heads upon completion of
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
11+ years

II.

20 working days
21 working days
22 working days
23 working days
26 working days
28 working days
29 working days
30 working days
31 working days
32 working days
33 working days

Deputies and Assistants upon completion of
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
11 years
12 years
13 years
14 years
15 years

15 working days
16 working days
17 working days
18 working days
20 working days
21 working days
22 working days
23 working days
24 working days
25 working days
26 working days
27 working days
28 working days
29 working days
30 working days

-2-

Page 32 of 75

III.

Administrative/Confidential Employees upon completion of
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
11 years
12 years
13 years
14 years
15 years
16+ years

Section 4:

10 working days
15 working days
16 working days
17 working days
18 working days
20 working days
21 working days
22 working days
23 working days
24 working days
25 working days
26 working days
27 working days
28 working days
29 working days
30 working days

Sick Leave

(a)

All employees shall receive 15 sick days per year.

(b)

Employees shall be granted sick leave at half-pay for personal illness after all sick and
vacation time has been exhausted but such sick leave at half pay shall not exceed one
week for each complete year of service.

(c)

When an employee is off the job due to illness, the City will continue to pay health
insurance premiums for a maximum period of three months until a waiver of premium
is executed.

(d)

The City Manager may request an employee using sick leave to provide a
doctor’s
certificate for an absence of more than three days.

(e)

Commencing January 1, 2008, a non-bargaining unit employee with at least eight (8)
years of employment with the City may seek to convert accrued and unused sick leave to
a cash payment subject to the approval of the City Manager and the terms stated herein.
The City Manager shall have sole discretion to approve or disapprove the employee’s
request, and the decision shall be non-reviewable. In addition to the requisite years of
employment with the City, the employee must have no less than fifty (50) sick leave days
accrued and unused remaining after the requested number of sick leave days is deducted
from the employee’s sick leave balance.

-3-

Page 33 of 75

The employee shall be paid at 75% of the employee’s daily rate of pay based on the
employee’s annual salary at the time of payment for each day of sick leave approved by
the City Manager for conversion. The number of sick leave days converted to cash
payment shall be deducted from the employee’s sick leave balance.
An employee may request and/or receive payment for accrued sick leave no more
frequently than once in a five (5) year period. An employee shall not be eligible for
conversion of sick leave to cash payment for a five year period after the employee receives
the payment provided herein.
Section 5:

Personal Leave

All employees shall receive the following personal leave days:
During the first year of employment
During the second, third and fourth year of employment
During the fifth and each subsequent year of employment
Section 6:

1 day
2 days
4 days

Bereavement Leave

Employees shall be entitled to four (4) consecutive work days leave of absence with pay between the
dates of death and funeral when a death occurs in the immediate family which shall include a
grandparent, a grandparent-in-law, parent, mother-in-law, father-in-law, spouse, child, brother, sister,
brother-in-law, sister-in-law and grandchild, and also will include a grandparent, parent or a person
who stood in loco parentis, to the employee whether the employee was a child. In loco parentis, as the
term is used in the Family and Medical Leave Act, means a relationship in which a person, who may
or may not have had a legal or biological relationship to the employee, assumed or discharged the
obligations of a parent to the employee when the employee was a child. Provided that uniformed
members of the police and fire departments covered by this Resolution shall receive the bereavement
leave as is provided to subordinate members of their departments.
Section 7:

Jury Duty Leave

Time off with full pay will be allowed for jury duty provided that any reimbursement check for said
jury duty is submitted to the City. Payment received for mileage and meal allowance shall belong to
the employee.
Section 8:

Child Care Leave

Employees shall receive Child Care leave to the same extent as it is granted to other employees of
the City.

-4-

Page 34 of 75

Section 9:

Uniform Allowance

Employees covered by this Resolution who are uniformed members of the Police and Fire
Departments shall receive the same clothing allowance as is provided to subordinate members in
their respective departments.
Section 10:

Health Insurance

(a)

The City shall continue to participate in the New York State Health Insurance Plan
and contribute one hundred percent (100%) of the premium for employees and
other dependents and continue the present policy upon retirement.

(b)

Health Insurance Waiver – an employee who is covered by another health insurance
plan may decline the coverage provided herein on or before the 1st day of December
of each year by executing a waiver on a form established by the Comptroller. An
employee declining and waiving coverage shall receive a payment equal to 25% of
the savings to the City on or before January 30 of the following year.

(c)

All employees hired on or after February 10, 2003 shall contribute 10% of the
cost of health insurance for the life of their employment with the City.

(d)

All employees hired after February 8, 2016 shall contribute 15% of the cost of
health insurance for the life of their employment with the City.

(e)

Employees must have a minimum of ten (10) years of service with the City
of Newburgh to be eligible to receive health insurance upon retirement.

Section 11: Dental and Optical Insurance
Effective January 1, 2008, employees shall be included in the CSEA Sunrise Dental Plan and the
CSEA Platinum Vision Plan on the same terms and conditions as provided to City employees
covered by the CSEA collective bargaining agreement in effect for the period January 1, 2014
through December 31, 2016. This provision is subject to the approval by the CSEA Sunrise Dental
Plan and the CSEA Platinum Vision Plan of inclusion of non-bargaining unit City employees in
said plans.
Section 12:

Retirement

The City shall continue to participate in the New York State and Local Employees’ Retirement
System and the New York State and Local Police and Fire Retirement System.
Section 13: Severance
Upon the effective date of separation, retirement or death, the employee or the employee’s
beneficiary shall receive cash payment for seventy-five percent (75%) of unused sick leave at the
employee’s current salary, plus the cash value of all accrued but unused vacation leave.

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Section 14:

Longevity Schedule

A longevity payment is to be made on the anniversary date of the employee’s hiring and annually
thereafter in accordance with the following schedule.

Upon Completion of
Stated Years of
Employment

1-Jan-22

1-Jan-23

1-Jan-24

1-Jan-25

1-Jan-26

5 years of employment
10 years of employment
15 years of employment
18 years of employment
20 years of employment

1,825
2,475
2,825
3,175
3,300

1,825
2,475
2,825
3,175
3,300

2,275
2,925
3,275
3,625
3,750

2,425
3,075
3,425
3,775
3,900

2,575
3,225
3,575
3,925
4,050

Effective January 1, 2024, longevity payment is eliminated for employees holding titles
in grades 7-9.
Section 15:

Life Insurance

The City shall provide to each employee a life insurance policy in the amount of two times the
employee’s annual salary.
Section 16:

Deferred Compensation Plan

The City shall adopt the Deferred Compensation Plan for employees of the State of New York and
other participating public jurisdictions open to employees covered by this resolution, pursuant to
Section 5 of the State Finance Law. Employees may on one occasion during their employment
contribute unused sick or vacation time to the deferred compensation plan at the rate of 75% of its
cash value provided that such contribution is consistent with the rules of the plan and applicable to
State and Federal statutes and regulations.
Section 17:

Salary Increases

Effective the first day of the first payroll period following January 1st of each year (2023, 2024, 2025,
2026), the salary rates and steps of each position shall be paid in accordance with schedule B
attached. All employees covered by this Resolution will receive retroactive payments for the full year
of 2023.
Salary and step increases are reflected on Schedule B attached hereto.

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Section 18:

Fair Labor Standards Act

Employees subject to the Fair Labor Standards Act and covered by this Resolution shall receive
compensatory time as required by the Fair Labor Standards Act for time worked in excess of 40
hours per week.
Section 19:

Education

Subject to prior course approval by the City Manager, the full cost of tuition, books and school, not
to exceed the tuition rate per credit hour as established by the State University of New York (New
Paltz), incurred by any officer or employee covered by this resolution attending a certified
educational institution or course which is related to said officer’s or employee’s duties shall be paid
upon successful completion of said course and the submission of official grade reports to the City
Manager. The cost of courses or education unrelated to an officer’s or employee’s duties or
employment by the City shall not be paid by the City.
Section 20:

Fitness for Duty

The City of Newburgh and its officers and employees recognize that the public has the absolute right
to expect that persons employed by the City in the exercise of their duties will be free from the effects
of alcohol and controlled substances. The City, as the employer, has the right to expect its employees
to report for duty and to set a positive example for the community. The non-bargaining unit
employees, by acceptance of the benefits conferred by this Resolution, recognize and agree that the
City Manager has the right to adopt rules, regulations, policies and procedures to implement random
testing of employees for the use of alcohol and controlled substance as to all employees who exercise
public safety functions, operate City vehicles or equipment, have access to confidential information
or information the divulgence of which would adversely affect public security or who exercise a
public trust.
Section 21:

Intent of the Council

It is the intent of this Council that
(a)

the following are to be classed as Department Heads under this resolution:
City Manager, Deputy City Manager, City Comptroller, Police Commissioner, Police
Chief, Commissioner of Public Works, Fire Chief, Director of Planning and
Development, Code Compliance Supervisor, Corporation Counsel,
Superintendent of Public Works, Superintendent of Water, Recreation Director,
City Clerk/Registrar, City Assessor, City Collector, Director of Information
Technology, City Engineer and Civil Service Administrator.

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(b)

the following are to be classed as Deputies and Assistants under this resolution:
Assistant Corporation Counsel, Assistant City Comptroller, Human Resources
Director, Deputy Fire Chief, Deputy Police Chief, Deputy City Clerk/Registrar,
Deputy City Clerk, Deputy Superintendent of Public Works, Deputy
Superintendent of Water, Chief of Staff, Administrative Assistant to the City
Manager and Crime Analyst.

(c)

the following are to be classed Administrative/Confidential Employees under this
resolution:
Business Services Coordinator, Secretary to the Director of Planning and
Development, Secretary to the City Manager, Secretary to the Corporation Counsel,
Secretary to the Police Chief, Secretary to the Fire Chief, Secretary to the Water
Superintendent, Secretary to the Engineer and Secretary to the Superintendent of
Public Works, Accountant, Junior Accountant, Grants Administrator and Grants
Coordinator.

It is further the intent of this Council to preserve its discretion to enter into agreements for the
employment of the City Manager outside the scope of this resolution as authorized by City Charter
Section C5.00(A).

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Page 38 of 75

SCHEDULE A
Grade 1
N/A
Grade 2
N/A
Grade 3
Business Services Coordinator
Deputy City Clerk
Junior Accountant
Grants Coordinator
Secretary to the Corporation Counsel
Secretary to the Director of Planning and
Development
Secretary to the Engineer
Secretary to the Fire Chief
Secretary to the Police Chief
Secretary to the Superintendent of Public Works
Secretary to the Water Superintendent

Grade 6
City Assessor
City Clerk/Registrar
City Collector
Civil Service Administrator
Code Compliance Supervisor
Director of Information Technology
Human Resources Director
Recreation Director
Grade 7
Assistant City Comptroller
Assistant Corporation Counsel
Chief of Staff
Deputy Fire Chief
Deputy Police Chief
Deputy Superintendent of Public Works
Deputy Superintendent of Water
Grade 8
City Engineer
Director of Planning and Development
Fire Chief
Police Chief
Superintendent of Public Works
Superintendent of Water

Grade 4
Accountant
Deputy City Clerk/Registrar
Grade 5
Administrative Assistant to City Manager
Crime Analyst
Grants Administrator

Grade 9
City Comptroller
Commissioner of Public Works
Corporation Counsel
Police Commissioner
Grade 10
Deputy City Manager
City Manager**

**The salary for the City Manager position is further subject to terms provided in an employment agreement
between the City and the City Manager.

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SCHEDULE B
City of Newburgh
Non-Bargaining Salary
Schedule FY2022
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 37,765 $ 40,794 $ 43,824 $ 47,679 $ 50,158 $ 53,187
2 $ 48,781 $ 51,755 $ 54,564 $ 57,505 $ 60,541 $ 63,657
3 $ 60,507 $ 62,715 $ 63,944 $ 66,005 $ 67,952 $ 70,817
4 $ 71,190 $ 73,108 $ 74,855 $ 76,688 $ 78,836 $ 81,128
5 $ 80,325 $ 83,419 $ 86,512 $ 89,491 $ 92,584 $ 94,946
6 $ 88,574 $ 90,379 $ 92,240 $ 94,045 $ 96,020 $ 98,884
7 $ 99,529 $ 101,068 $ 102,604 $ 104,113 $ 105,679 $ 107,217
7B $ 104,362 $ 105,978 $ 107,593 $ 109,206 $ 109,821 $ 110,437
8 $ 113,165 $ 114,918 $ 116,672 $ 118,427 $ 122,130 $ 125,834
9 $ 124,498 $ 126,325 $ 128,154 $ 129,982 $ 131,811 $ 132,114
City of Newburgh
Non-Bargaining Salary
Schedule FY2023
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 38,521 $ 41,610 $ 44,700 $ 48,633 $ 51,161 $ 54,250
2 $ 49,756 $ 52,790 $ 55,655 $ 58,655 $ 61,752 $ 64,930
3 $ 61,717 $ 63,970 $ 65,223 $ 67,325 $ 69,311 $ 72,233
4 $ 72,614 $ 74,570 $ 76,353 $ 78,222 $ 80,413 $ 82,751
5 $ 81,931 $ 85,088 $ 88,242 $ 91,280 $ 94,436 $ 96,845
6 $ 90,345 $ 92,186 $ 94,085 $ 95,926 $ 97,941 $ 100,862
7 $ 101,519 $ 103,090 $ 104,656 $ 106,195 $ 107,793 $ 109,361
8 $ 115,428 $ 117,217 $ 119,006 $ 120,795 $ 124,573 $ 128,350
9 $ 126,988 $ 128,852 $ 130,717 $ 132,582 $ 134,447 $ 134,756
*Effective on the first day of the first payroll period following 1/1/2023
*NBU members to receive retro for 2023
City of Newburgh
Non-Bargaining Salary
Schedule FY2024
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 39,291 $ 42,442 $ 45,594 $ 49,605 $ 52,184 $ 55,335
2 $ 50,751 $ 53,846 $ 56,769 $ 59,828 $ 62,987 $ 66,228
3 $ 62,951 $ 65,249 $ 66,527 $ 68,672 $ 70,698 $ 73,678
4 $ 74,066 $ 76,061 $ 77,880 $ 79,786 $ 82,021 $ 84,406
5 $ 83,570 $ 86,790 $ 90,007 $ 93,106 $ 96,324 $ 98,782
6 $ 92,152 $ 94,030 $ 95,967 $ 97,845 $ 99,899 $ 102,879
7 $ 122,248 $ 124,692 $ 127,186 $ 129,730 $ 132,325 $ 136,000
8 $ 148,388 $ 150,687 $ 152,987 $ 155,287 $ 160,144 $ 165,000
9 $ 163,388 $ 166,656 $ 169,989 $ 173,389 $ 176,857 $ 180,000
*Effective on the first day of the first payroll period following 1/1/2024
*NBU members 7, 8 & 9 No holiday pay or longevity effective 2024
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Page 40 of 75

City of Newburgh
Non-Bargaining Salary
Schedule FY2025
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 40,077 $ 43,291 $ 46,506 $ 50,597 $ 53,228 $ 56,442
2 $ 51,766 $ 54,923 $ 57,904 $ 61,024 $ 64,246 $ 67,553
3 $ 64,210 $ 66,554 $ 67,858 $ 70,045 $ 72,112 $ 75,151
4 $ 75,547 $ 77,582 $ 79,437 $ 81,382 $ 83,661 $ 86,094
5 $ 85,241 $ 88,525 $ 91,807 $ 94,968 $ 98,251 $ 100,758
6 $ 93,995 $ 95,911 $ 97,886 $ 99,802 $ 101,897 $ 104,937
7 $ 124,692 $ 127,186 $ 129,730 $ 132,325 $ 134,971 $ 138,720
8 $ 150,614 $ 152,947 $ 155,282 $ 157,617 $ 162,546 $ 167,475
9 $ 165,839 $ 169,156 $ 172,539 $ 175,990 $ 179,509 $ 182,700
*Effective on the first day of the first payroll period following 1/1/2025
*NBU members 7, 8 & 9 No holiday pay or longevity effective 2024
* Grades 1-7: 2%, Grades 8-9: 1.5%
City of Newburgh
Non-Bargaining Salary
Schedule FY2026
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 40,878 $ 44,157 $ 47,436 $ 51,609 $ 54,293 $ 57,571
2 $ 52,802 $ 56,021 $ 59,062 $ 62,245 $ 65,531 $ 68,904
3 $ 65,495 $ 67,885 $ 69,215 $ 71,446 $ 73,554 $ 76,654
4 $ 77,058 $ 79,134 $ 81,026 $ 83,010 $ 85,335 $ 87,816
5 $ 86,946 $ 90,296 $ 93,643 $ 96,868 $ 100,216 $ 102,773
6 $ 95,875 $ 97,829 $ 99,844 $ 101,798 $ 103,935 $ 107,036
7 $ 139,905 $ 142,703 $ 145,558 $ 148,468 $ 151,438 $ 155,643
8 $ 152,873 $ 155,241 $ 157,611 $ 159,981 $ 164,984 $ 169,987
9 $ 168,327 $ 171,693 $ 175,127 $ 178,629 $ 182,202 $ 185,441
10 $ 176,743 $ 179,394 $ 182,084 $ 184,814 $ 187,586 $ 190,399
*Effective on the first day of the first payroll period following 1/1/2026
*NBU members 7, 8 & 9 No holiday pay or longevity effective 2024
* Grades 1-7: 2%, Grades 8-10: 1.5%

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Page 41 of 75

RESOLUTION NO.:

TBD
________
-2026

OF
MARCH 9, 2026
A RESOLUTION AMENDING AND RESTATING THE SALARY AND BENEFIT PLAN
FOR NON-BARGANING UNIT EMPLOYEES
BE IT RESOLVED, by the Council of the City of Newburgh that Resolution No. 1242022, Resolution No. 241-2023, and Resolution No. 272-2024 and Resolution No. 253-2025,
establishing a salary and benefit plan for non-bargaining unit employees, is hereby amended and
restated as follows:
Section 1:

Covered Employees

This resolution shall apply to all salaried officers and salaried permanent employees of the City of
Newburgh who work regular hours of no less than 35 hours per week and who are not members of
any collective bargaining unit.
Section 2:
(a)

Holidays
Employees covered by this resolution shall be granted leave with pay for the following
holidays:
New Year’s Day
Martin Luther King’s Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day

(b)

Columbus Day
General Election Day
Veteran’s Day
Thanksgiving Day
Friday following Thanksgiving Day
Christmas Day

Holiday Pay
The following 24-hour, emergency, on-call personnel shall receive holiday pay in lump
sum payment equal to 12 days’ pay at their established salary in the first pay period in
December of each year:
Police Commissioner, Police Chief, Fire Chief, Superintendent of Public Works, City
Engineer, Commissioner of Public Works, and Water Superintendent.
Effective January 1, 2024, Holiday Pay is eliminated.

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Section 3: Vacation
(a)

All new employees must work one full year from their date of appointment before
being eligible to take a vacation.

(b)

Vacation may only be taken with the prior approval of the department head or the
City Manager. Approval shall not be unreasonably withheld.

(c)

Employees shall earn vacation time in accordance with the following schedule:
I.

City Manager and Department Heads upon completion of
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
11+ years

II.

20 working days
21 working days
22 working days
23 working days
26 working days
28 working days
29 working days
30 working days
31 working days
32 working days
33 working days

Deputies and Assistants upon completion of
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
11 years
12 years
13 years
14 years
15 years

15 working days
16 working days
17 working days
18 working days
20 working days
21 working days
22 working days
23 working days
24 working days
25 working days
26 working days
27 working days
28 working days
29 working days
30 working days

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Page 43 of 75

III.

Administrative/Confidential Employees upon completion of
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
11 years
12 years
13 years
14 years
15 years
16+ years

Section 4:

10 working days
15 working days
16 working days
17 working days
18 working days
20 working days
21 working days
22 working days
23 working days
24 working days
25 working days
26 working days
27 working days
28 working days
29 working days
30 working days

Sick Leave

(a)

All employees shall receive 15 sick days per year.

(b)

Employees shall be granted sick leave at half-pay for personal illness after all sick and
vacation time has been exhausted but such sick leave at half pay shall not exceed one
week for each complete year of service.

(c)

When an employee is off the job due to illness, the City will continue to pay health
insurance premiums for a maximum period of three months until a waiver of premium
is executed.

(d)

The City Manager may request an employee using sick leave to provide a
doctor’s
certificate for an absence of more than three days.

(e)

Commencing January 1, 2008, a non-bargaining unit employee with at least eight (8)
years of employment with the City may seek to convert accrued and unused sick leave to
a cash payment subject to the approval of the City Manager and the terms stated herein.
The City Manager shall have sole discretion to approve or disapprove the employee’s
request, and the decision shall be non-reviewable. In addition to the requisite years of
employment with the City, the employee must have no less than fifty (50) sick leave days
accrued and unused remaining after the requested number of sick leave days is deducted
from the employee’s sick leave balance.

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Page 44 of 75

The employee shall be paid at 75% of the employee’s daily rate of pay based on the
employee’s annual salary at the time of payment for each day of sick leave approved by
the City Manager for conversion. The number of sick leave days converted to cash
payment shall be deducted from the employee’s sick leave balance.
An employee may request and/or receive payment for accrued sick leave no more
frequently than once in a five (5) year period. An employee shall not be eligible for
conversion of sick leave to cash payment for a five year period after the employee receives
the payment provided herein.
Section 5:

Personal Leave

All employees shall receive the following personal leave days:
During the first year of employment
During the second, third and fourth year of employment
During the fifth and each subsequent year of employment
Section 6:

1 day
2 days
4 days

Bereavement Leave

Employees shall be entitled to four (4) consecutive work days leave of absence with pay between the
dates of death and funeral when a death occurs in the immediate family which shall include a
grandparent, a grandparent-in-law, parent, mother-in-law, father-in-law, spouse, child, brother, sister,
brother-in-law, sister-in-law and grandchild, and also will include a grandparent, parent or a person
who stood in loco parentis, to the employee whether the employee was a child. In loco parentis, as the
term is used in the Family and Medical Leave Act, means a relationship in which a person, who may
or may not have had a legal or biological relationship to the employee, assumed or discharged the
obligations of a parent to the employee when the employee was a child. Provided that uniformed
members of the police and fire departments covered by this Resolution shall receive the bereavement
leave as is provided to subordinate members of their departments.
Section 7:

Jury Duty Leave

Time off with full pay will be allowed for jury duty provided that any reimbursement check for said
jury duty is submitted to the City. Payment received for mileage and meal allowance shall belong to
the employee.
Section 8:

Child Care Leave

Employees shall receive Child Care leave to the same extent as it is granted to other employees of
the City.

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Page 45 of 75

Section 9:

Uniform Allowance

Employees covered by this Resolution who are uniformed members of the Police and Fire
Departments shall receive the same clothing allowance as is provided to subordinate members in
their respective departments.
Section 10:

Health Insurance

(a)

The City shall continue to participate in the New York State Health Insurance Plan
and contribute one hundred percent (100%) of the premium for employees and
other dependents and continue the present policy upon retirement.

(b)

Health Insurance Waiver – an employee who is covered by another health insurance
plan may decline the coverage provided herein on or before the 1st day of December
of each year by executing a waiver on a form established by the Comptroller. An
employee declining and waiving coverage shall receive a payment equal to 25% of
the savings to the City on or before January 30 of the following year.

(c)

All employees hired on or after February 10, 2003 shall contribute 10% of the
cost of health insurance for the life of their employment with the City.

(d)

All employees hired after February 8, 2016 shall contribute 15% of the cost of
health insurance for the life of their employment with the City.

(e)

Employees must have a minimum of ten (10) years of service with the City
of Newburgh to be eligible to receive health insurance upon retirement.

Section 11: Dental and Optical Insurance
Effective January 1, 2008, employees shall be included in the CSEA Sunrise Dental Plan and the
CSEA Platinum Vision Plan on the same terms and conditions as provided to City employees
covered by the CSEA collective bargaining agreement in effect for the period January 1, 2014
through December 31, 2016. This provision is subject to the approval by the CSEA Sunrise Dental
Plan and the CSEA Platinum Vision Plan of inclusion of non-bargaining unit City employees in
said plans.
Section 12:

Retirement

The City shall continue to participate in the New York State and Local Employees’ Retirement
System and the New York State and Local Police and Fire Retirement System.
Section 13: Severance
Upon the effective date of separation, retirement or death, the employee or the employee’s
beneficiary shall receive cash payment for seventy-five percent (75%) of unused sick leave at the
employee’s current salary, plus the cash value of all accrued but unused vacation leave.

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Page 46 of 75

Section 14:

Longevity Schedule

A longevity payment is to be made on the anniversary date of the employee’s hiring and annually
thereafter in accordance with the following schedule.

Upon Completion of
Stated Years of
Employment

1-Jan-22

1-Jan-23

1-Jan-24

1-Jan-25

1-Jan-26

5 years of employment
10 years of employment
15 years of employment
18 years of employment
20 years of employment

1,825
2,475
2,825
3,175
3,300

1,825
2,475
2,825
3,175
3,300

2,275
2,925
3,275
3,625
3,750

2,425
3,075
3,425
3,775
3,900

2,575
3,225
3,575
3,925
4,050

Effective January 1, 2024, longevity payment is eliminated for employees holding titles
in grades 7-9.
Section 15:

Life Insurance

The City shall provide to each employee a life insurance policy in the amount of two times the
employee’s annual salary.
Section 16:

Deferred Compensation Plan

The City shall adopt the Deferred Compensation Plan for employees of the State of New York and
other participating public jurisdictions open to employees covered by this resolution, pursuant to
Section 5 of the State Finance Law. Employees may on one occasion during their employment
contribute unused sick or vacation time to the deferred compensation plan at the rate of 75% of its
cash value provided that such contribution is consistent with the rules of the plan and applicable to
State and Federal statutes and regulations.
Section 17:

Salary Increases

Effective the first day of the first payroll period following January 1st of each year (2023, 2024, 2025,
2026), the salary rates and steps of each position shall be paid in accordance with schedule B
attached. All employees covered by this Resolution will receive retroactive payments for the full year
of 2023.
Salary and step increases are reflected on Schedule B attached hereto.

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Page 47 of 75

Section 18:

Fair Labor Standards Act

Employees subject to the Fair Labor Standards Act and covered by this Resolution shall receive
compensatory time as required by the Fair Labor Standards Act for time worked in excess of 40
hours per week.
Section 19:

Education

Subject to prior course approval by the City Manager, the full cost of tuition, books and school, not
to exceed the tuition rate per credit hour as established by the State University of New York (New
Paltz), incurred by any officer or employee covered by this resolution attending a certified
educational institution or course which is related to said officer’s or employee’s duties shall be paid
upon successful completion of said course and the submission of official grade reports to the City
Manager. The cost of courses or education unrelated to an officer’s or employee’s duties or
employment by the City shall not be paid by the City.
Section 20:

Fitness for Duty

The City of Newburgh and its officers and employees recognize that the public has the absolute right
to expect that persons employed by the City in the exercise of their duties will be free from the effects
of alcohol and controlled substances. The City, as the employer, has the right to expect its employees
to report for duty and to set a positive example for the community. The non-bargaining unit
employees, by acceptance of the benefits conferred by this Resolution, recognize and agree that the
City Manager has the right to adopt rules, regulations, policies and procedures to implement random
testing of employees for the use of alcohol and controlled substance as to all employees who exercise
public safety functions, operate City vehicles or equipment, have access to confidential information
or information the divulgence of which would adversely affect public security or who exercise a
public trust.
Section 21:

Intent of the Council

It is the intent of this Council that
(a)

the following are to be classed as Department Heads under this resolution:
City Manager, Deputy City Manager, City Comptroller, Police Commissioner, Police
Chief, Commissioner of Public Works, Fire Chief, Director of Planning and
Development, Code Compliance Supervisor, Corporation Counsel,
Superintendent of Public Works, Superintendent of Water, Recreation Director,
City Clerk/Registrar, City Assessor, City Collector, Director of Information
Technology, City Engineer and Civil Service Administrator.

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Page 48 of 75

(b)

the following are to be classed as Deputies and Assistants under this resolution:
Assistant Corporation Counsel, Assistant City Comptroller, Human Resources
Director, Deputy Fire Chief, Deputy Police Chief, Deputy City Clerk/Registrar,
Deputy City Clerk, Deputy Superintendent of Public Works, Deputy
Superintendent of Water, Chief of Staff, Administrative Assistant to the City
Manager and Crime Analyst.

(c)

the following are to be classed Administrative/Confidential Employees under this
resolution:
Business Services Coordinator, Secretary to the Director of Planning and
Development, Secretary to the City Manager, Secretary to the Corporation Counsel,
Secretary to the Police Chief, Secretary to the Fire Chief, Secretary to the Water
Superintendent, Secretary to the Engineer and Secretary to the Superintendent of
Public Works, Accountant, Junior Accountant, Grants Administrator and Grants
Coordinator.

It is further the intent of this Council to preserve its discretion to enter into agreements for the
employment of the City Manager outside the scope of this resolution as authorized by City Charter
Section C5.00(A).

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Page 49 of 75

SCHEDULE A
Grade 1
N/A
Grade 2
N/A
Grade 3
Business Services Coordinator
Deputy City Clerk
Junior Accountant
Grants Coordinator
Secretary to the Corporation Counsel
Secretary to the Director of Planning and
Development
Secretary to the Engineer
Secretary to the Fire Chief
Secretary to the Police Chief
Secretary to the Superintendent of Public Works
Secretary to the Water Superintendent

Grade 6
City Assessor
City Clerk/Registrar
City Collector
Civil Service Administrator
Code Compliance Supervisor
Director of Information Technology
Human Resources Director
Recreation Director
Grade 7
Assistant City Comptroller
Assistant Corporation Counsel
Chief of Staff
Deputy Fire Chief
Deputy Police Chief
Deputy Superintendent of Public Works
Deputy Superintendent of Water
Grade 8
City Engineer
Director of Planning and Development
Fire Chief
Police Chief
Superintendent of Public Works
Superintendent of Water

Grade 4
Accountant
Deputy City Clerk/Registrar
Grade 5
Administrative Assistant to City Manager
Crime Analyst
Grants Administrator

Grade 9
City Comptroller
Commissioner of Public Works
Corporation Counsel
Police Commissioner
Grade 10
Deputy City Manager
City Manager**

**The salary for the City Manager position is further subject to terms provided in an employment agreement
between the City and the City Manager.

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Page 50 of 75

SCHEDULE B

Grade
Step 1
1 $ 37,765
2 $ 48,781
3 $ 60,507
4 $ 71,190
5 $ 80,325
6 $ 88,574
7 $ 99,529
7B $ 104,362
8 $ 113,165
9 $ 124,498

City of Newburgh
Non-Bargaining Salary
Schedule FY2022
Step 2
Step 3
Step 4
$ 40,794 $ 43,824 $ 47,679
$ 51,755 $ 54,564 $ 57,505
$ 62,715 $ 63,944 $ 66,005
$ 73,108 $ 74,855 $ 76,688
$ 83,419 $ 86,512 $ 89,491
$ 90,379 $ 92,240 $ 94,045
$ 101,068 $ 102,604 $ 104,113
$ 105,978 $ 107,593 $ 109,206
$ 114,918 $ 116,672 $ 118,427
$ 126,325 $ 128,154 $ 129,982

Step 5
$ 50,158
$ 60,541
$ 67,952
$ 78,836
$ 92,584
$ 96,020
$ 105,679
$ 109,821
$ 122,130
$ 131,811

Step 6
$ 53,187
$ 63,657
$ 70,817
$ 81,128
$ 94,946
$ 98,884
$ 107,217
$ 110,437
$ 125,834
$ 132,114

City of Newburgh
Non-Bargaining Salary
Schedule FY2023
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 38,521 $ 41,610 $ 44,700 $ 48,633 $ 51,161 $ 54,250
2 $ 49,756 $ 52,790 $ 55,655 $ 58,655 $ 61,752 $ 64,930
3 $ 61,717 $ 63,970 $ 65,223 $ 67,325 $ 69,311 $ 72,233
4 $ 72,614 $ 74,570 $ 76,353 $ 78,222 $ 80,413 $ 82,751
5 $ 81,931 $ 85,088 $ 88,242 $ 91,280 $ 94,436 $ 96,845
6 $ 90,345 $ 92,186 $ 94,085 $ 95,926 $ 97,941 $ 100,862
7 $ 101,519 $ 103,090 $ 104,656 $ 106,195 $ 107,793 $ 109,361
8 $ 115,428 $ 117,217 $ 119,006 $ 120,795 $ 124,573 $ 128,350
9 $ 126,988 $ 128,852 $ 130,717 $ 132,582 $ 134,447 $ 134,756
*Effective on the first day of the first payroll period following 1/1/2023
*NBU members to receive retro for 2023
City of Newburgh
Non-Bargaining Salary
Schedule FY2024
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 39,291 $ 42,442 $ 45,594 $ 49,605 $ 52,184 $ 55,335
2 $ 50,751 $ 53,846 $ 56,769 $ 59,828 $ 62,987 $ 66,228
3 $ 62,951 $ 65,249 $ 66,527 $ 68,672 $ 70,698 $ 73,678
4 $ 74,066 $ 76,061 $ 77,880 $ 79,786 $ 82,021 $ 84,406
5 $ 83,570 $ 86,790 $ 90,007 $ 93,106 $ 96,324 $ 98,782
6 $ 92,152 $ 94,030 $ 95,967 $ 97,845 $ 99,899 $ 102,879
7 $ 122,248 $ 124,692 $ 127,186 $ 129,730 $ 132,325 $ 136,000
8 $ 148,388 $ 150,687 $ 152,987 $ 155,287 $ 160,144 $ 165,000
9 $ 163,388 $ 166,656 $ 169,989 $ 173,389 $ 176,857 $ 180,000
*Effective on the first day of the first payroll period following 1/1/2024
*NBU members 7, 8 & 9 No holiday pay or longevity effective 2024
- 10 -

Page 51 of 75

City of Newburgh
Non-Bargaining Salary
Schedule FY2025
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 40,077 $ 43,291 $ 46,506 $ 50,597 $ 53,228 $ 56,442
2 $ 51,766 $ 54,923 $ 57,904 $ 61,024 $ 64,246 $ 67,553
3 $ 64,210 $ 66,554 $ 67,858 $ 70,045 $ 72,112 $ 75,151
4 $ 75,547 $ 77,582 $ 79,437 $ 81,382 $ 83,661 $ 86,094
5 $ 85,241 $ 88,525 $ 91,807 $ 94,968 $ 98,251 $ 100,758
6 $ 93,995 $ 95,911 $ 97,886 $ 99,802 $ 101,897 $ 104,937
7 $ 124,692 $ 127,186 $ 129,730 $ 132,325 $ 134,971 $ 138,720
8 $ 150,614 $ 152,947 $ 155,282 $ 157,617 $ 162,546 $ 167,475
9 $ 165,839 $ 169,156 $ 172,539 $ 175,990 $ 179,509 $ 182,700
*Effective on the first day of the first payroll period following 1/1/2025
*NBU members 7, 8 & 9 No holiday pay or longevity effective 2024
* Grades 1-7: 2%, Grades 8-9: 1.5%
City of Newburgh
Non-Bargaining Salary
Schedule FY2026
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
1 $ 40,878 $ 44,157 $ 47,436 $ 51,609 $ 54,293 $ 57,571
2 $ 52,802 $ 56,021 $ 59,062 $ 62,245 $ 65,531 $ 68,904
3 $ 65,495 $ 67,885 $ 69,215 $ 71,446 $ 73,554 $ 76,654
4 $ 77,058 $ 79,134 $ 81,026 $ 83,010 $ 85,335 $ 87,816
5 $ 86,946 $ 90,296 $ 93,643 $ 96,868 $ 100,216 $ 102,773
6 $ 95,875 $ 97,829 $ 99,844 $ 101,798 $ 103,935 $ 107,036
7 $
$
$
$
$
$
139,905$ 142,703$ 145,558$ 148,468$ 151,438$ 155,643$
127,186
129,730
132,325
134,971
137,671
141,494
8 $ 152,873 $ 155,241 $ 157,611 $ 159,981 $ 164,984 $ 169,987
9 $ 168,327 $ 171,693 $ 175,127 $ 178,629 $ 182,202 $ 185,441
10 $ 176,743 $ 179,394 $ 182,084 $ 184,814 $ 187,586 $ 190,399
*Effective on the first day of the first payroll period following 1/1/2026
*NBU members 7, 8 & 9 No holiday pay or longevity effective 2024
* Grades 1-7: 2%, Grades 8-10: 1.5%

- 11 -

Page 52 of 75

RESOLUTION NO.: __________ - 2026
OF
MARCH 9, 2026
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH CLEARVIEW AI, INC.
FOR FACIAL RECOGNITION SEARCH SOFTWARE AND RELATED SERVICES
FOR THE POLICE DEPARTMENT AT A COST OF $17,100.00 FOR A ONE YEAR TERM
WHEREAS, Clearview AI provides a web-based platform for law enforcement to use as a
tool to help generate investigative leads through its database of media images sourced from publiconly web sources, including, but not limited to, news media, public social media accounts and other
sources open to public viewing; and
WHEREAS, the Police Department solicited proposals from several companies which offer
similar software and related services and received a proposal from Clearview AI, Inc.; and
WHEREAS, funding for the software and related services shall be derived from budget line
A.3120.0448; and
WHEREAS, this Council has reviewed the attached price quotation and terms and
conditions of use and has determined that executing a contract under the terms and conditions set
forth therein is in the best interests of the City of Newburgh;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Newburgh, New
York that the City Manager be and he is hereby authorized to execute a contract with Clearview AI,
Inc. to provide facial recognition search software and related services to the City of Newburgh Police
Department at a cost of $17,100.00 for a one year term.

Page 53 of 75

February 2026

CLEARVIEW AI PROPOSAL
Proposal for: Newburgh Police Department (NY)

​
​
CONTACT INFORMATION​
Winston Pingeon
Account Executive
[email protected]
617-874-7098

99 Wall Street #5730

www.clearview.ai

New York, N.Y. 10005

[email protected]

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data
if it is obtained from another source without restriction. This proposal contains trade secrets and commercial or financial information that are either specifically exempted from
disclosure by statute or are privileged or confidential within the meaning of exemption that is set forth in 5 USC 552 (b) (3) and (4), respectively, of the Freedom of Information
Act, 5 USC 552, and the disclosure of which could invoke the criminal sanctions of 18 USC 1905. Source Selection Information-See FAR 2.101 and 3.104

Page 54 of 75

TABLE OF CONTENTS
1.1. Company Overview

3

1.1.1 Capabilities Statement

3

​
1.2 About Clearview AI

3

1.2.1 NIST: Leading Algorithm in The United States

4

1.2.2 Key Benefits

4

​
1.3 Security & SOC2 Compliance

5

1.3.1 SOC2 Certification

5

1.3.2 Data Storage & Security

5

​
1.4 Price Quote

6

99 Wall Street #5730

www.clearview.ai

New York, N.Y. 10005

[email protected]

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data
if it is obtained from another source without restriction. This proposal contains trade secrets and commercial or financial information that are either specifically exempted from
disclosure by statute or are privileged or confidential within the meaning of exemption that is set forth in 5 USC 552 (b) (3) and (4), respectively, of the Freedom of Information
Act, 5 USC 552, and the disclosure of which could invoke the criminal sanctions of 18 USC 1905. Source Selection Information-See FAR 2.101 and 3.104

Page 55 of 75

1.1 CLEARVIEW AI OVERVIEW
​ ​
1.1.1 CAPABILITIES STATEMENT
Clearview AI’s mission is to enhance national security, drastically reduce crime, fraud, and risk to make
communities safer and keep commerce secure. In 2019, federal, state, and local police departments
across America began using Clearview AI as a solution to help solve crime and ensure public safety. As a
platform for intelligence and identity management, it has quickly become a favored resource for law
enforcement, helping solve even the most difficult crimes. Today, many law enforcement agencies trust
Clearview AI’s one-of-a-kind, facial search technology.​ ​
​
​
​
​
Clearview AI’s revolutionary investigative platform allows investigators to search any facial image of a
suspect, victim, or other person of interest against over 60 billion online images. By using this tool to
efficiently process information investigators already possess, Clearview AI helps investigators identify
those without a prior arrest record, without an online presence, without a DMV record, or others that
would often otherwise go unidentified. Our solutions help to identify persons of interest, criminal
offenders, terrorists, human traffickers and child predators. Clearview AI also helps clients accelerate
their investigations, meaning they can do more with less.

1.2 ABOUT CLEARVIEW AI
Clearview AI is a privately-owned, U.S. based company, dedicated to innovating and providing the most
cutting-edge technology to law enforcement to investigate crimes, enhance public safety and provide
justice to victims.​
​
We believe law enforcement should have the most cutting-edge technology available to investigate
crimes, enhance public safety, and provide justice to victims. And that's why we developed a revolutionary,
web-based intelligence platform for law enforcement to use as a tool to help generate high-quality
investigative leads. Our platform, powered by facial recognition technology, includes the largest known
database of facial images sourced from public-only web sources, including news media, mugshot
websites, public social media, and other open sources. ​
Our solutions allow agencies to gain intelligence and disrupt crime by revealing leads, insights and
relationships to help investigators solve both simple and complex crimes, increase officer and public
safety, and keep our communities and families safer.

99 Wall Street #5730

www.clearview.ai

New York, N.Y. 10005

[email protected]

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data
if it is obtained from another source without restriction. This proposal contains trade secrets and commercial or financial information that are either specifically exempted from
disclosure by statute or are privileged or confidential within the meaning of exemption that is set forth in 5 USC 552 (b) (3) and (4), respectively, of the Freedom of Information
Act, 5 USC 552, and the disclosure of which could invoke the criminal sanctions of 18 USC 1905. Source Selection Information-See FAR 2.101 and 3.104

Page 56 of 75

1.2.1 NIST: LEADING FACIAL RECOGNITION ALGORITHM IN THE U.S.​
Facial recognition technology has faced persistent criticism for alleged inaccuracies and biases,
particularly racial and demographic bias. However, advancements have rendered FRT more accurate and
sophisticated than the human eye by training on diverse datasets. The National Institute of Standards and
Technology (NIST), renowned for its rigorous facial recognition evaluations, tests over 650 algorithms,
revealing that top performers boast over 99%1 accuracy in matching photos out of large lineups. And
contrary to misconceptions, NIST's evaluations demonstrate minimal demographic bias in top algorithms,
with Clearview AI’s algorithm achieving over 99% accuracy across all demographics1.
Clearview AI is a leading facial recognition technology in the U.S. for its performance in accurately
matching mugshot photos (99.85% with a 12 million photo sample), VISA borders photos (99.86% with a
1.6 million photo sample), VISA photos (99.81%), and border photos (99.42%). While acknowledging the
need for regulation and ethical deployment, proponents argue for FRT's life saving potential as cited by
law enforcement in many cases of financial crimes, child exploitation rescue, and community crime
prevention. As discussions around FRT evolve, informed decisions based on scientific evidence and
accurate understanding of technology capabilities are crucial.
Clearview AI has been instrumental in thousands of cases including finding abducted children, identifying
endangered dementia cases, and apprehending drug traffickers, sex offenders, and other violent
criminals. Our database is the most representative of the population and is not limited to criminal
offenders (mugshot database). With over 50 billion publicly available images, Clearview AI’s database
covers a multitude of ages, ethnicities, and physical characteristics.

1.2.2 KEY BENEFITS
•​ HIGHLY EFFICIENT Allows agencies to address manpower and resource deficiencies by providing

high-probability investigative leads within a few seconds versus days or months.​
•​ INCREASE OFFICER, VICTIM + PUBLIC SAFETY Uncover actionable intelligence with powerful tools to

create cold case notification alerts. Support intelligence to validate suspect, victim and person of
interest identities that is often impossible using legacy identity tools.​
•​ DATA YOU CAN’T FIND ANYWHERE ELSE Clearview AI is the only facial recognition company that

provides billions of faces captured on the open web and “ in the wild”, offering the highest
probability of a successful match using the Clearview AI patented neural network algorithm and
1

This refers to performance in the categories of Demographic Effects on Visa-Border and Mugshot photos in the NIST Facial Recognition Vendor Test in the 1:1 setting, as well as performance in the
Mugshot-Mugshot, Mugshot-Webcam, Visa-Border, Border-Border (≥ 10 YRS), Mugshot-Mugshot (≥ 10 YRS) categories of the 1:N Investigative setting.

99 Wall Street #5730

www.clearview.ai

New York, N.Y. 10005

[email protected]

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data
if it is obtained from another source without restriction. This proposal contains trade secrets and commercial or financial information that are either specifically exempted from
disclosure by statute or are privileged or confidential within the meaning of exemption that is set forth in 5 USC 552 (b) (3) and (4), respectively, of the Freedom of Information
Act, 5 USC 552, and the disclosure of which could invoke the criminal sanctions of 18 USC 1905. Source Selection Information-See FAR 2.101 and 3.104

Page 57 of 75

accuracy across all demographics. ​
•​ CUSTOMIZABLE GALLERIES Users can import their own private, customized facial datasets such as

mugshot repositories, customized watchlists, or any other facial database​
•​ 60+ BILLION FACIAL IMAGE DATABASE Clearview AI images are sourced from social media posts,

personal and professional websites, news articles, online mugshots, criminal databases, public
record sites and thousands of other open sources.​

1.3 SECURITY & SOC2 COMPLIANCE
1.3.1 SOC2 CERTIFICATION​
Clearview AI has successfully completed its System and Organization Controls 2 (SOC 2) examination
certifying the company maintains effective controls over the security and processing integrity of its
clients’ data.
SOC 2 is an auditing procedure conducted by licensed and regulated certified public accountants that
rigorously reviews data service providers to ensure the secure management and accurate processing of
data. It is widely considered the highest standard of cybersecurity certification and is intended to protect
company’s interests and intellectual property when they engage data service providers.
The American Institute of CPAs (AICPA) outlines principles and criteria for SOC 2 examinations which
include exacting standards for security, cybersecurity, availability, process integrity and confidentiality.

1.3.2 DATA STORAGE & SECURITY​
We recognize that data storage and security concerns are of tremendous importance to public safety
agencies. We protect data in four ways:
•​ Routine automated code scans pinpoint vulnerabilities or dependencies within our source code.
We patch every issue upon discovery.
•​ Regular professional code audits and a bug bounty program with an industry-leading provider.
•​ Encrypt all traffic to the latest TLS specifications and protect it with Cloudflare reverse proxy
technology as it is routed through Clearview AI’s secure data center.
•​ Store data on multiple servers inside a secured data center with internal levels of access control.

99 Wall Street #5730

www.clearview.ai

New York, N.Y. 10005

[email protected]

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data
if it is obtained from another source without restriction. This proposal contains trade secrets and commercial or financial information that are either specifically exempted from
disclosure by statute or are privileged or confidential within the meaning of exemption that is set forth in 5 USC 552 (b) (3) and (4), respectively, of the Freedom of Information
Act, 5 USC 552, and the disclosure of which could invoke the criminal sanctions of 18 USC 1905. Source Selection Information-See FAR 2.101 and 3.104

Page 58 of 75

1.4 PRICE QUOTE
CUSTOMER INFORMATION

CLEARVIEW AI INFORMATION

Detective Lieutenant William Lahar
Detective Division
Newburgh Police Department
Newburgh, NY 12550

Winston Pingeon
Account Executive
[email protected]
617-874-7098

QUOTE DETAILS
Today’s Date: 2/03/2026
Quote Expiration: 3/30/2026

ANNUAL RECURRING SUBSCRIPTION
CLEARVIEW AI PLAN:

USER QTY ​
(If Applicable)

LIST PRICE

ONE YEAR
AGREEMENT

Clearview AI SaaS Search - S&L

Agency Access

$25,375/yr

$17,100

*Discount decreases in year two and year three. Specific price included within Payment Schedule. No usage restrictions*

ONE-TIME FEES
CLEARVIEW AI PROFESSIONAL SERVICES - ONE-TIME FEES

QTY

LIST ​
PRICE

PRICE TO
SUBSCRIBER

Product Configuration

1

$5,000

$0

Product Training (Virtual 1 Hr to Train the Trainer,
1 Session, Up to 15 Trainees)

1

$500

$0

$5,500

$0

TOTAL ONE-TIME FEES

99 Wall Street #5730

www.clearview.ai

New York, N.Y. 10005

[email protected]

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data
if it is obtained from another source without restriction. This proposal contains trade secrets and commercial or financial information that are either specifically exempted from
disclosure by statute or are privileged or confidential within the meaning of exemption that is set forth in 5 USC 552 (b) (3) and (4), respectively, of the Freedom of Information
Act, 5 USC 552, and the disclosure of which could invoke the criminal sanctions of 18 USC 1905. Source Selection Information-See FAR 2.101 and 3.104

Page 59 of 75

SAMPLE PAYMENT SCHEDULE - 1 YEAR AGREEMENT
DETAILS OF PAYMENTS & DUE DATES

AMOUNT DUE

Year 1 Payment, due on the Effective Date, terms net 30.

$17,100

TOTAL

$17,100

Note: -We can prorate months to get the agency to align with the budget cycle/fiscal year.

To move forward with a formal agreement, please confirm the following contacts:
Billing Contact:
This person receives our invoice. The
invoice must be paid within 30 days.

Name/Phone/Email

Primary Admin:
This person manages the licenses & users,
runs reports and internal audits. This
person also holds a license.

Name/Rank/Phone/Email

Signatory:
Name/Rank/Phone/Email
This person is authorized to sign our
formal agreement on behalf of your agency
confirming procurement
One year, or multi- year?
Any special procurement information to
note:

99 Wall Street #5730

www.clearview.ai

New York, N.Y. 10005

[email protected]

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data
if it is obtained from another source without restriction. This proposal contains trade secrets and commercial or financial information that are either specifically exempted from
disclosure by statute or are privileged or confidential within the meaning of exemption that is set forth in 5 USC 552 (b) (3) and (4), respectively, of the Freedom of Information
Act, 5 USC 552, and the disclosure of which could invoke the criminal sanctions of 18 USC 1905. Source Selection Information-See FAR 2.101 and 3.104

Page 60 of 75

Please Note: The price quote is not binding unless and until the parties execute an Order Form, including the Clearview Terms of
Service and User Code of Conduct. Search results established through Clearview AI and its related systems and technologies are
indicative not definitive. Clearview AI, Inc. makes no guarantees as to the accuracy of its search-identification software. Law
enforcement professionals must conduct further research in order to verify identities or other data generated by the Clearview AI
system. Clearview AI is neither designed nor intended to be used as a single-source system for establishing the identity of an
individual. In no event shall Clearview AI be liable for any misuse, negligence or misconduct by Customer in its use of the Clearview
AI technologies. This contract is subject to and is incorporated by reference into the Clearview AI, Inc. Terms of Service and User
Code of Conduct, located https://www.clearview.ai/terms-of-service. To the extent any terms or provisions of this price proposal
conflicts with the Order Form, the Order Form shall control.

99 Wall Street #5730

www.clearview.ai

New York, N.Y. 10005

[email protected]

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to
duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data
if it is obtained from another source without restriction. This proposal contains trade secrets and commercial or financial information that are either specifically exempted from
disclosure by statute or are privileged or confidential within the meaning of exemption that is set forth in 5 USC 552 (b) (3) and (4), respectively, of the Freedom of Information
Act, 5 USC 552, and the disclosure of which could invoke the criminal sanctions of 18 USC 1905. Source Selection Information-See FAR 2.101 and 3.104

Page 61 of 75

Page 1

INSIGHT PUBLIC SECTOR, INC.
2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448

HTTP://WWW.INSIGHT.COM

Account name: 11389878
CITY OF NEWBURGH POLICE DEPARTMENT
55 BROADWAY
NEWBURGH NY 12550-5613
SHIP-TO
CITY OF NEWBURGH POLICE DEPARTMENT
LIEUTENANT LAHAR
55 BROADWAY
NEWBURGH NY 12550-5613

of 2

Quotation
Quotation Number : 0229133471
Document Date
: 23-JAN-2026
PO Number
:
:
PO Release
: Marshall Bjorlin
Sales Rep
: [email protected]
Email
: +14802127231
Phone

We deliver according to the following terms:
Payment Terms
Ship Via
Terms of Delivery
Currency

: Net 30 days
: Insight Assigned Carrier/Ground
: FOB DESTINATION
: USD

Material

Material Description

Quantity

Unit Price

Extended Price

CVW-AI-SAAS-SSL

Clearview AI SaaS Search - subscription
license - 1 license
Coverage Dates:
23-JAN-2026 - 23-JAN-2027
OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 21025.99
Discount: 13.088%

1

18,274.12

18,274.12

CV1-PRO-CON

Clearview Configuration - subscription
license
OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 0.99
Discount: 100.000%

1

0.00

0.00

PT1

Clearview Train-the-Trainer - Live e-learning
- 1 session - 15 trainees - 1 hour
OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 0.99
Discount: 100.000%

1

0.00

0.00

Product Subtotal
TAX

18,274.12
0.00

Total

18,274.12

Lease & Financing options available from Insight Global Finance for your equipment & software acquisitions. Contact your Insight
account executive for a quote.

Page 62 of 75

HTTP://WWW.INSIGHT.COM

Quotation Number 229133471
Document Date 23-JAN-2026
Page 2

of 2

Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT
solution offering.
Sincerely,
Marshall Bjorlin
+14802127231
[email protected]
To purchase under this contract, your agency must be registered with OMNIA Partners Public Sector.
Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight
representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial
options.

This purchase is subject to Insight’s online Terms of Sale unless you are purchasing under an Insight Public Sector, Inc. contract
vehicle, in which case, that agreement will govern.
SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings
(“Software and Cloud Offerings”), each offering will be subject to the applicable supplier's end user license and use terms
("Supplier Terms") made available by the supplier or which can be found at the “terms-and-policies” link below. By ordering,
paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you
and the applicable supplier have a separate agreement which governs.
Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.
https://www.insight.com/terms-and-policies

Page 63 of 75

Page 64 of 75

Page 65 of 75

RESOLUTION NO.: ____________-2026
OF
MARCH 9, 2026
A RESOLUTION AUTHORIZING THE SALE OF A POLICE DOG
TO POLICE OFFICER BRET LAYNE
WHEREAS, by Resolution No. 174-2014 of July 14, 2014, the City Council of the City of
Newburgh adopted a Surplus Property Disposition Policy and Procedure; and
WHEREAS, Section V of the Surplus Property Disposition Policy and Procedure provides
that surplus police dogs shall be sold at private sale as set forth in Section 97-3(B) of the Code of
Ordinances of the City of Newburgh; and
WHEREAS, a police dog named “Dutch” has been retired and is no longer in service to
the City of Newburgh Police Department and this Council finds that selling the police dog to the
police officer handler is in the best interests of the City of Newburgh; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Newburgh, New
York, that the attached agreement between the City of Newburgh and Police Officer Bret Layne
for the purchase of a police dog named “Dutch” be and the same is hereby approved and the City
Manager is authorized and directed to sign the same.

Page 66 of 75

THIS AGREEMENT, made this ______ day of ____________, two thousand twenty-five
BETWEEN:
THE CITY OF NEWBURGH, a municipal corporation of the State of New York,
hereinafter called the “Seller,” and
BRET LAYNE, residing at ________________________________, New York, hereinafter
called the “Purchaser.”
WITNESSETH
WHEREAS, the City of Newburgh has no further use for the dog Dutch and is willing to
sell, assign and transfer ownership of said dog Dutch to Police Officer Bret Layne, the abovenamed purchaser; and
WHEREAS, Bret Layne is willing to purchase and care for and take title to said dog Dutch.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby agree as follows:
1. That the Seller, the City of Newburgh, hereby transfers the title to the police work dog
Dutch to the Purchaser, Bret Layne, for the sum of One ($1.00) Dollar.
2. That the Purchaser hereby agrees that he will not use the terms police work dog, police
dog, police canine or the City of Newburgh Police Department in any manner, shape
or form.
3. The Purchaser hereby further accepts full responsibility for any and all injuries and/or
damage that said dog Dutch may cause or inflict upon any person, persons or property
from the effective date of this Agreement.
4. The Purchaser further agrees that in the event that any claim or action is brought or
made against the City of Newburgh by reasons of any act of said dog from the effective
date of this Agreement, he will personally save the City of Newburgh harmless for any
loss, cost or expense that the City may have, including reasonable attorney’s fees, as a
result of any claim or action brought against the City of Newburgh or any of its
departments for an injury or damage the said dog Dutch may cause.

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THE CITY OF NEWBURGH

PURCHASER

BY: ________________________
TODD VENNING
City Manager

BY: ______________________
BRET LAYNE

APPROVED AS TO FORM:
________________________
MICHELLE KELSON
Corporation Counsel

________________________
NANCY BLOOM
Comptroller

STATE OF NEW YORK)
) ss:
COUNTY OF ORANGE)
On the _______ day of _____________ in the year 2026, before me, the undersigned, a
Notary Public in and for said State, personally appeared TODD VENNING, personally known to
me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted; executed the instrument.
_____________________________________
STATE OF NEW YORK)
) ss:
COUNTY OF ORANGE)
On the _______ day of ________________ in the year 2026, before me, the undersigned,
a Notary Public in and for said State, personally appeared BRET LAYNE, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted; executed the instrument.
_____________________________________

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RESOLUTION NO.:

________ -2026

OF
MARCH 9, 2026
RESOLUTION PROHIBITING THE USE OF CITY OF NEWBURGH PERSONNEL AND
RESOURCES FOR CIVIL IMMIGRATION ENFORCEMENT & REAFFIRMING THE
CITY OF NEWBURGH AS A FAIR AND WELCOMING CITY
WHEREAS, the City Council of the City of Newburgh ("City Council") adopted
Resolution No. 71-2017, declaring the City of Newburgh a Fair and Welcoming City, affirming
that all residents, regardless of immigration status, are entitled to equal protection of the laws and
to access municipal services; and
WHEREAS, the City's Fair and Welcoming policy reflects a long-standing recognition that
effective public safety requires trust between residents and local government, and that such trust is
undermined when immigrant community members fear that routine interactions with local police
or City agencies may lead to immigration enforcement; and
WHEREAS, since adoption of Resolution No. 71-2017, U.S. Immigration and Customs
Enforcement ("ICE") and other federal immigration authorities have increased enforcement actions
in communities across the Hudson Valley, including operations in the Cities of Kingston and
Beacon and in the City of Newburgh, often conducted without prior notice to local officials and
sometimes involving tactics that cause confusion as to whether agents are local police or federal
officers; and
WHEREAS, the New York State Attorney General has issued "Guidance Concerning Local
Authority Participation in Immigration Enforcement and Model Sanctuary Provisions," which
confirms that local governments retain broad discretion to decline participation in civil immigration
enforcement and provides model language to limit the use of local resources for such purposes while
remaining fully compliant with federal and state law;
WHEREAS, multiple New York municipalities, including Hudson, Kingston, Beacon, and
Rochester, have adopted resolutions and ordinances that reaffirm their status as welcoming or
sanctuary jurisdictions and expressly limit their officers and employees from enforcing federal civil
immigration law or using local resources for that purpose;
WHEREAS, the Governor of the State of New York has recently proposed legislation,
sometimes described as the Local Cops, Local Crimes Act, that would prohibit formal agreements
deputizing New York law enforcement officers as federal immigration agents under 8 U.S.C.
§1357(g), and would bar the use of state-funded resources for civil immigration enforcement,
particularly in sensitive locations such as homes, schools, hospitals, and houses of worship;

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WHEREAS, the New York for All Act has been advanced in the State Legislature to further
ensure that state and local resources, including personnel, facilities, and data systems, are not
diverted to carry out federal civil immigration enforcement and that sensitive information about
New Yorkers is protected;
WHEREAS, the City of Newburgh is home to a large and vibrant immigrant community,
with more than half of the City's residents identifying as Hispanic or Latino, and is also home to an
equally significant Black immigrant and Black American communities; and
WHEREAS, recent federal actions - including the repeal or restriction of Temporary
Protected Status, humanitarian parole, and other visa and work authorization programs - have
created a broad permission structure for increased civil immigration enforcement, exposing entire
communities to heightened surveillance, detention, and removal regardless of long-standing
community ties; and
WHEREAS, these actions have intensified community-wide vulnerability, particularly
impacting Latino, Black, and mixed-status families, and have undermined public safety, public
health, educational stability, and economic security for the City as a whole;
WHEREAS, the City Council recognizes that immigration law and civil immigration
enforcement are the responsibility of the federal government, and that nothing in this Resolution is
intended to prevent or obstruct the enforcement of criminal law, but rather to ensure that the City's
limited resources are focused on local public safety and community well-being;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newburgh, that:
Section 1. Reaffirmation of Fair and Welcoming City Policy
1.1. The City Council hereby reaffirms Resolution No. 71-2017 declaring the City of Newburgh
a Fair and Welcoming City, and affirms that all persons, regardless of immigration status,
are entitled to the protections of the United States and New York State Constitutions and
to access City services without fear that such access will be used to facilitate civil immigration
enforcement.
1.2. It shall remain the policy of the City of Newburgh and its departments not to inquire into
immigration status of any person seeking City services or interacting with City personnel,
except where required by federal or state law or necessary to determine eligibility for a
specific program that is expressly conditioned on immigration status.
Section 2. Non-Enforcement of Federal Civil Immigration Law
2.1. No City agency, officer, or employee, including members of the City of Newburgh Police
Department, shall enforce federal civil immigration law or undertake the duties of a federal

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immigration officer, including but not limited to those described in 8 U.S.C. §1357(g),
except as expressly required by federal or state law.
2.2. City officers and employees shall not:
a.
b.
c.

Stop, question, interrogate, investigate, or arrest an individual based solely on actual or
suspected immigration or citizenship status, or on the basis of a civil immigration
warrant, administrative warrant, or immigration detainer;
Participate in joint operations with federal immigration authorities where the primary
purpose of the operation is civil immigration enforcement; or
Provide interpretation, traffic control, or other logistical support for civil ICE
operations, except where failure to do so would create an imminent risk to life or safety.

2.3. Nothing in this Section shall be construed to prohibit City officers from:
a.
b.
c.

Enforcing state and local criminal laws;
Cooperating with federal law enforcement on criminal investigations or prosecutions
unrelated to civil immigration status; or
Responding to requests related to individuals who are the subject of a valid judicial
criminal arrest warrant or court order.

Section 3. Limits on Detainers, Warrants, and Information-Sharing
3.1. City agencies, including the Police Department, shall not honor or act upon civil
immigration detainer requests or administrative immigration warrants that are not signed
by a federal Article III judge or magistrate, except where required by law or where the
individual is otherwise subject to lawful detention on a non-immigration criminal matter.
o Civil immigration detainer / administrative immigration warrant / civil
immigration warrant / immigration warrant – A detainer issued pursuant to 8
C.F.R. § 287.7 or any similar request from ICE or CBP for the detention of a
person suspected of violating civil immigration law.
o Judicial warrant – A warrant based on probable cause and issued by an Article III
federal judge or federal magistrate judge authorizing federal immigration
authorities to take into custody the person who is the subject of the warrant. A
judicial warrant does not include a civil immigration warrant, administrative
warrant, or other document signed solely by ICE or CBP officials.
3.2. City agencies shall not collect or maintain information solely for the purpose of immigration
enforcement, and to the extent permitted by law, shall treat immigration status as
confidential and shall not disclose such information to federal immigration authorities
unless:
a.
b.
c.

Required by federal or state statute;
Required by a valid judicial subpoena, warrant, or court order; or
Authorized by the individual concerned, in writing and in a language they understand.

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3.3. City agencies shall not provide to federal immigration authorities:
a.
b.

Access to non-public City databases or records systems for the purpose of civil
immigration enforcement; or
Lists or compilations of individuals based on any combination of immigration status,
national origin, or place of birth, except as required by law.

Section 4. Municipal Buildings and Facilities
4.1. City personnel shall not grant access to non-public areas of City-owned or City-leased
buildings or facilities to federal immigration authorities for civil immigration enforcement
purposes unless:
a.
b.

The officers present a valid judicial warrant specifying the area to be entered and the
individual(s) sought; or
There is an imminent threat to life or safety that necessitates access.

4.2. The City shall not enter into agreements, leases, or permits that allow City property or
facilities to be used for the purpose of civil immigration enforcement, including but not
limited to staging areas, detention, or processing of individuals, except where the City is
legally compelled to do so.
4.3. To the extent consistent with law, the City shall treat schools, houses of worship,
reproductive and health facilities, City-run shelters or community centers, and City-owned
properties as protected locations, and shall not consent to the use of such locations for civil
immigration enforcement activities.
Section 5. Police Practices and Response to ICE Activity
5.1. The City of Newburgh Police Department ("NPD") shall maintain and publish a written
policy consistent with this Resolution and the New York State Attorney General's guidance
on local participation in immigration enforcement.
5.2. When NPD officers encounter federal immigration agents in the course of duty or are
requested to assist with an operation, officers shall:
a.
b.
c.
d.
e.

Clearly identify themselves as City of Newburgh Police;
Request clarification as to whether the operation relates to criminal law enforcement
or civil immigration enforcement;
Request to review any signed judicial warrant if assistance is requested inside a
residence or non-public area of a building;
Decline to provide assistance where the matter concerns civil immigration enforcement
only and no judicial warrant exists, except where necessary to address an imminent
threat to life or safety; and
Document the encounter in an internal report, including the date, time, location,

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agency involved, and nature of any assistance provided or declined and the reason for
the NPD transmission of communication or coordination with ICE.
5.3. Nothing in this Resolution shall be construed to prevent NPD officers from responding to
calls for service or protecting individuals from harm, regardless of immigration status.
Section 6. Schools and Youth-Serving Spaces
6.1. The City Council recognizes that the Newburgh Enlarged City School District is an
independent entity; however, the City Council strongly encourages the Board of Education
to adopt and maintain policies that:
a.
b.

Treat all district facilities as safe havens where civil immigration enforcement activities
are not permitted; and
Protect the confidentiality of student and family information consistent with federal
and state law.

6.2. City departments that provide youth programming, including through City-owned facilities,
shall adopt policies consistent with this Resolution and shall coordinate with communitybased rapid response and legal support networks to provide "Know Your Rights"
information in English and Spanish and other prevalent languages.
Section 7. Training, Community Engagement, and Reporting
7.1. Within sixty (60) days of adoption of this Resolution, the City Manager shall:
a.
b.
c.

Direct all department heads to update internal policies to comply with this Resolution;
Ensure that staff whose duties involve public contact receive training on this
Resolution, relevant constitutional principles, and the rights of immigrants; and
Provide translated summaries of this Resolution and related policies in Spanish and
the other primary languages spoken in the City.

7.2. The Police Chief shall provide a quarterly public report to the City Council summarizing;
a.
b.
c.

The number and nature of known contacts between NPD and federal immigration
authorities;
Any instances in which assistance was provided or declined; and
Steps taken to improve training and compliance with this Resolution.

7.3. The City shall work in partnership with community and faith-based organizations to provide
residents with accurate information about their rights and about the City's Fair and
Welcoming policies.
Section 8. Construction; Severability; Effective Date
8.1. This Resolution shall be construed consistent with federal and state taw. Nothing herein

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shall be interpreted to create a private right of action against the City, its officers, or
employees, nor to require the City to violate any court order or Statute.
8.2. If any provision of this Resolution is held invalid or unenforceable by a court of competent
jurisdiction, such provision shall be severed, and the remaining provisions shall remain in
full force and effect.
8.3. This Resolution shall take effect immediately upon adoption.

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