The URL can be used to link to this page

Home My WebLink AboutMN-CC-2026-08-05YouTube Link:https://tinyurl.com/08-05-26-Video-Link Date: Location: Wednesday August 5, 2026 City Hall Council Chambers August 5th 2026 COMMON COUNCIL MEETING MINUTES Voting Record 1.Call to Order (15Min) 1.1 Emergency Evacuation Notice 1.2 Agenda Review- Additions/Deletions/Changes to the Agenda 1.3 Reports for Municipal Officials 2.Proclamations and Awards (10Min) 3.Review and Approval of Minutes (10Min) 3.1 Approval of July 8th 2026 Common Council Meeting Minutes Attendance Record of Voting Members Name Present Absent/Excused Mayor - Robert Cantelmo X 1st Ward - Jorge DeFendini X 1st Ward - Kayla Matos X 2nd Ward - Joe Kirby X 2nd Ward - Ducson Nguyen X 3rd Ward - Pat Sewell X 3rd Ward - David Shapiro X 4th Ward - Robin Trumble X 4th Ward - Patrick Kuehl X 5th Ward - Hannah Shvets X 5th Ward - Margaret Fabrizio X Also Present: Alderperson DeFendini is Absent Alderperson Kuelh vacated seat effective Aug 5th and is not in attendance. Discussion Summary: The August 5th 2026 regular meeting of the Ithaca Common Council has been called to order at 6pm. 9 Members are in attendance with Alderperson DeFendini excused absent, and Alderperson Kuehl has vacated his seat as of August 5th 2026. The quorum remains 6. There are no changes to the agenda; no reports from other Municipal Officials. Timestamp 0:26-2:03 Discussion Summary: (Video Reference) Timestamp 2:04-2:13 Moved By: Kayla Matos Seconded By: David Shapiro 4.Petitions and Hearings of Persons Before Council (60Min) 4.1 Statements From The Public 4.2 Privilege Of The Floor- Comments From Council & Mayor 5.Consent Agenda (10Min) Motion Summary: July 8th Common Council Meeting Minutes are moved by Alderperson Matos, Seconded by Alderperson Shapiro, All In Favor 9-0 (Absent- DeFendini) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Discussion Summary: (Video Reference) Timestamp 2:17-54:48 Discussion Summary: Comments from the public addressed topics including Spencer Road, the Elm Street PUD, anti-environmental external regulations, the Bangs Union Contract, INHS evictions, City Charter Revision Commission appointments, restoration of the Route 14 bus route, and traffic speed limit signage. Discussion Summary: Common Council members provided comments in response to concerns raised by the public. Discussion Summary: No Discussion - (Video Reference) Timestamp 54:52-55:04 Moved By: David Shapiro Seconded By: Robin Trumble Motion Summary: Consent Agenda Items 5.1-5.5 were moved by Alderperson Shapiro, Seconded by Alderperson Trumble. All In Favor 9-0 (Absent-DeFendini). Vote Passed 9-0 Carried Unanimously 5.1 Tompkins Youth Employment Program Funding (School Year) 5.2 Tompkins Summer Youth Employment Program Funding 5.3 Joint Youth Commission First-Time Work Program Funding 5.4 Danby Youth Commission Youth Employment Program Funding 5.5 Recruitment for Alternate Positions- City Attorney’s Office 6.Order of Business: Public Works and Operations (15Min) 6.1 Changes to Special Event Code Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Discussion Summary: Event Specialist Scott Rouge addressed questions raised by Council for discussion. Timestamp 55:07- 1:03:07 Moved By: Robin Trumble Seconded By: Kayla Matos Motion Summary: Changed to Special Events Code: An Ordinance Amending Ithaca City Code Chapter 132 "Assemblies and Parades" was moved by Alderperson Trumble, Seconded by Alderperson Matos. All In Favor 9-0 (Absent-DeFendini) Vote Passed 9-0 Carried Unanimously 6.2 Pre-Treat Agreement-IAWWTF & Cayuga Heights 6.3 Plant to Plant Agreement Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Discussion Summary: No Discussion (Video Reference) Timestamp 1:03:11- 1:04:01 Moved By: Robin Trumble Seconded By: Joe Kirby Motion Summary: Resolution Authorizing the Execution of a Pre-Treatment Agreement is moved by Alderperson Trumble, Seconded by Alderperson Kirby. All In Favor 9-0 ( Absent-DeFendini) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Discussion Summary: No Discussion (Video Reference) Timestamp 1:04:04- 1:04:49 Moved By: Robin Trumble Seconded By: Joe Kirby Motion Summary: Resolution Authorizing the Execution of a Plan to Plant Agreement is moved by Alderperson Trubmle, Seconded by Alderperson Kirby. All In Favor 9-0 (Absent-DeFendini) Vote Passed 9-0 Carried Unanimously 7.Order of Business: Finance & Administration (25Min) 7.1 Update Acting Department Head Compensation Policy 7.2 Update: Purchasing Policy Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Discussion Summary: Discussion from Council clarified circumstances in which a Deputy Department Head would receive acting pay and the purpose of maintaining the 30-day period as a general threshold. Timestamp 1:04:50-1:12:56 Moved By: Pat Sewell Seconded By: Hannah Shvets Motion Summary: Resolution Updating Procedures Governing Compensation for Acting Department Heads is moved by Alderperson Sewell, Seconded by Alderperson Shvets. All In Favor 9-0 as Amended. (Absent-DeFendini) Mayor Cantelmo moved to amend by adding a 2nd to last resolve "Be it further resolved that the City Manager must transmit in writing any such waiver to the Common Council within five days of such process occurring.” Seconded by Alderperson Sewell. All In Favor of Amendment 9-0 Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Discussion Summary: Alderperson Sewell was recognized. Sewell motioned to make an amendment to the last resolve, motion was seconded by Alderperson 8.Member Filed- No Member Filed Items 9.Mayor Appointments (10Min) 9.1 Appointment To the Community Police Board Shvets. After discussion on the amendment, the motion was withdrawn. Timestamp 1:13:04-1:17:13 Moved By: Robert Cantelmo Seconded By: Joe Kirby Motion Summary: Resolution Approving Update to City Of Ithaca Purchasing Procedures is moved by Mayor Cantelmo, Seconded by Alderperson Kirby. All In Favor 9-0 (Absent-DeFendini) Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Discussion Summary: Adam Chandler is appointed to the Community Police Board with a term ending 12/31/2026. This is a replacement appointment to fill a vacant seat. Timestamp 1:17:17-1:17:56 Moved By: Robert Cantelmo Seconded By: Motion Summary: Appointment to Community Police Board moved by Mayor Cantelmo, no second. All In Favor 9-0 (Absent-DeFendini) Vote Passed 9-0 Carried Unanimously 10.City Manager Report (30Min) 10.1 City Manager's Monthly Report- August 2026 11.Executive Session (As Needed) 12.Meeting Wrap Up Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Discussion Summary: City Manager's Report- Full Report and Discussion (Video Reference) Timestamp 1:17:57- 1:36:41 The Controller Report- Full Report and Discussion (Video Reference) Timestamp 1:36:43- 1:44:41 11.1) Personnel Matter Discussion Summary: Council entered into Executive Session to discuss a personnel matter; no voting item from this session. Regular business has concluded. Timestamp 1:44:50-1:45:20 Moved By: Kayla Matos Seconded By: Joe Kirby Motion Summary: Motion to enter into Executive Session to discuss a Personnel Matter, moved by Alderperson Matos, Seconded by Alderperson Kirby. All In Favor 9-0 (Absent- DeFendini) Vote Passed 9-0 Carried Unanimously Member Approve Deny Recuse Robert Cantelmo X Kayla Matos X Joe Kirby X Ducson Nguyen X Pat Sewell X David Shapiro X Robin Trumble X Hannah Shvets X Margaret Fabrizio X Submitted: 09-02-26 Adopted: 09-02-26 Shaniqua Lewis Deputy City Clerk Carried Unanimously 9-0 (Absent: Matos) Date: Time: Location: Watch Online: Wednesday August 5, 2026 6:00 PM RE City Hall Council Chambers https://www.youtube.com/@CityofIthacaPublicMeetings AUGUST 5TH 2026 COMMON COUNCIL REGULAR MEETING AGENDA 1.Call to Order (15Min) 1.1. 1.2. 1.3. 2.Proclamations and Awards (10Min) 3.Review and Approval of Minutes (10Min) 3.1. 4.Petitions and Hearings of Persons Before Council (60Min) 4.1. 4.2. 5.Consent Agenda (10Min) 5.1. 5.2. 5.3. 5.4. 5.5. 6.Order of Business: Public Works and Operations (15Min) 6.1. 6.2. 6.3. 7.Order of Business: Finance & Administration (25Min) 7.1. 7.2. 8.Member Filed- No Member Filed Items 9.Mayor Appointments (10Min) 9.1. 10.City Manager Report (30Min) 10.1. 11.Executive Session (As Needed) 12.Meeting Wrap Up Emergency Evacuation Notice Agenda Review- Additions/Deletions/Changes to the Agenda Reports for Municipal Officials Approval of July 8th 2026 Common Council Meeting Minutes Statements From The Public Privilege Of The Floor- Comments From Council & Mayor Tompkins Youth Employment Program Funding (School Year) Tompkins Summer Youth Employment Program Funding Joint Youth Commission First-Time Work Program Funding Danby Youth Commission Youth Employment Program Funding Recruitment for Alternate Positions- City Attorneyâ€™s Office Changes to Special Event Code Pre-Treat Agreement-IAWWTF & Cayuga Heights Plant to Plant Agreement Update Acting Department Head Compensation Policy Update: Purchasing Policy Appointment To the Community Police Board City Manager's Monthly Report- August 2026 1 Public Comment Forum The public can provide short statements during this portion of the meeting. 3 minutes is the maximum time allotted, but the chair reserves the right to modify the amount of time per individual at the start of the meeting. Only the first hour of the meeting is set aside for Public Comment. Groups of 3 or more speakers are allotted more speaking time. For Longer Speaking Time - Multiple speakers on the same topic can speak as a group with one Designated Speaker to represent the Group. This will give you more time to share your thoughts and concerns during the Public Comment Forum. 3-4 Persons with One Designated Speaker - Alotted 5 minutes 5 or More Persons with One Designated Speaker - Alotted 7 minutes Can't Come to the Meeting but still want to speak? Register to Speak Virtually - https://tinyurl.com/7ts9zmku Attending the Meeting to Speak in Person? Pre-Registration Not Required Comment Cards are provided to those who attend in person. Once you have filled out your Comment Card, please hand your card to the Clerk. Your name will be called to speak in the order the cards are received. Please Note Comment Cards will be accepted up until the Public Comment Forum begins or a maximum of 30 speakers, whichever comes first. Once we have reached a maximum of 30 speakers, you can submit your comment using the Written Comment Link Below. Want to Submit a Comment and Not Speak in Person? To Submit Written Comments - https://tinyurl.com/mr9kdhw8 *Written comments submitted with be compiled and entered into the record. 2 Scan QR Code Complete Agenda Packet Scan QR Code Submit Written Comment CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Ithaca Youth Bureau Christine Ibert, TO:Common Council FROM:Gregg Houck, Director Ithaca Youth Bureau DATE:August 5, 2026 RE:Tompkins Youth Employment Program Funding (School Year) ITEM #:5.1 MEMORANDUM Consent Agenda- Resolution to Amend 2026 Ithaca Youth Bureau Budget – Youth Employment Service ATTACHMENTS: TYEP YES Resolution 7-26_Gregg Houck.pdf TYEP YES Budget Amendment July 2026_Gregg Houck.pdf 3 “An Equal Opportunity Employer with a commitment to workforce diversification.” Resolution to Amend 2026 Ithaca Youth Bureau Budget – Youth Employment Service WHEREAS, the Tompkins County Workforce Development Board has advised the Ithaca Youth Bureau that Youth Employment Service will receive $47,312 in funding for the school year Tompkins Youth Employment Program, and WHEREAS, the goals of this program align with several City legislative priorities and this funding allows for Youth Employment Service to provide work readiness , financial literacy and subsidized employment services to 33 eligible youth; now, therefore, be it RESOLVED, that the Common Council hereby amends the 2026 Ithaca Youth Bureau budget as follows: Increase revenue: Account # A7310-4820-1202 Youth Employment Service $47,312.00 Total $47,312.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $39,616.72 Account # A 7310-5425-1202 Office Supplies $600.00 Account # A 7310-5445-1202 Travel & Mileage $500.00 Account # A 7310-5460-1202 Program Supplies $1,000.00 YES Fringe Benefits Participants $21,374.02 x 12.65% $2,703.81 Other PTS (Staff) $18,242.70 x 15.85% $2,891.47 Total $47,312.00 RESOLVED, that this amendment shall take effect upon adoption; and be it further RESOLVED, that the appropriate City officials are hereby authorized to take all necessary actions to implement this resolution. 4 M E M O R A N D U M Date: July 16, 2026 To: Common Council From: Ever Stokes, Senior Youth Program Coordinator – Youth Employment Service Suki Tabor, Youth Bureau Deputy Director Gregg Houck, Youth Bureau Director RE: Tompkins Youth Employment Program (school year) Amendment to the Youth Bureau Budget EXECUTIVE SUMMARY The Ithaca Youth Bureau respectfully requests approval to amend the 2026 Youth Bureau budget to reflect the $47,312 funding provided for the school year Tompkins Youth Employment Program by the Tompkins County Workforce Development Board. Youth Employment Service (YES) administers this program. PROJECT HISTORY, BACKGROUND, & ANALYSIS The Tompkins County Workforce Development Board has been contracting with YES the since 2012 to provide summer youth employment to low-income teens. This year they expanded to offer school year youth employment funding and selected YES as the provider for this pilot program . This year’s funding allows YES to provide services (including training in work readiness skills, financial literacy and paid work experience) to 33 eligible youth. This funding allows YES to serve the youth who are Temporary Assistance For Needy Families eligible or whose families live at or below 200% of the federal poverty level. POLICY ALIGNMENT STATEMENT This aligns with the Human Services and Quality of Life Vision Statement because it increases equitable access to opportunities, services, and spaces that support physical, mental , and social well-being. This also aligns with the Intergovernmental Relations Vision Statement because it allows us to improve service delivery, includes external funding, and advances shared priorities for the greater Ithaca community. QUESTIONS FOR COUNCIL BUDGET IMPLICATIONS & FUNDING This funding will not only cover the cost of employing the teens in this program, and program supplies, it also covers some of our staffing and non-participant program expenses. We would like to amend the 2026 Youth Bureau budget, contingent upon confirmation of funding, as follows: 5 Increase revenue: Account # A7310-4820-1202 Youth Employment Service $47,312.00 Total $47,312.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $39,616.72 Account # A 7310-5425-1202 Office Supplies $600.00 Account # A 7310-5445-1202 Travel & Mileage $500.00 Account # A 7310-5460-1202 Program Supplies $1,000.00 YES Fringe Benefits Participants $21,374.02 x 12.65% $2,703.81 Other PTS (Staff) $18,242.70 x 15.85% $2,891.47 Total $47,312.00 6 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Ithaca Youth Bureau Christine Ibert, TO:Common Council FROM:Gregg Houck, Ithaca Youth Bureau DATE:August 5, 2026 RE:Tompkins Summer Youth Employment Program Funding ITEM #:5.2 MEMORANDUM Consent Agenda- Resolution to Amend 2026 Ithaca Youth Bureau Budget -Youth Employment Service ATTACHMENTS: TSYEP YES Resolution 7-26_Gregg Houck.pdf TSYEP YES Budget Amendment July 2026_Gregg Houck.pdf 7 Resolution to Amend 2026 Ithaca Youth Bureau Budget – Youth Employment Service WHEREAS, the Tompkins County Workforce Development Board has advised the Ithaca Youth Bureau that Youth Employment Service will be receiving $236,000 in funding for the Tompkins Summer Youth Employment Program, and WHEREAS, the goals of this program align with several City legislative priorities and this funding allows for Youth Employment Service to provide work readiness , financial literacy and subsidized employment services to 67 eligible youth; now, therefore, be it RESOLVED, that the Common Council hereby amends the 2026 Ithaca Youth Bureau budget as follows: Increase revenue: Account # A7310-4820-1202 Youth Employment Service $232,533.00 Account # A7310-4820-1400 Administration $3,467.00 Total $236,000.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $191,104.43 Account # A 7310-5125-1202 Overtime $3,000.00 Account # A 7310-5425-1202 Office Supplies $4,000.00 Account # A 7310-5440-1202 Staff Development $2,000.00 Account # A 7310-5445-1202 Travel & Mileage $2,000.00 Account # A 7310-5460-1202 Program Supplies $5,000.00 Account # A 7310-5460-1400 Program Supplies $3,467.00 YES Fringe Benefits Participants $166,780.83 x 12.65% $21,097.78 Other PTS (Staff) $24,323.60 x 15.85% $3,855.29 Overtime $3,000 x 15.85% $475.50 Total $236,000.00 RESOLVED, that this amendment shall take effect upon adoption; and be it further RESOLVED, that the appropriate City officials are hereby authorized to take all necessary actions to implement this resolution. 8 M E M O R A N D U M Date: July 16, 2026 To: Common Council From: Ever Stokes, Senior Youth Program Coordinator – Youth Employment Service Suki Tabor, Youth Bureau Deputy Director Gregg Houck, Youth Bureau Director RE: Tompkins Summer Youth Employment Program (TSYEP) Amendment to the Youth Bureau Budget EXECUTIVE SUMMARY The Ithaca Youth Bureau respectfully requests approval to amend the 2026 Youth Bureau budget to reflect the $236,000 funding provided for the Tompkins Summer Youth Employment Program (TSYEP) by the Tompkins County Workforce Development Board. Youth Employment Service (YES) administers this program. PROJECT HISTORY, BACKGROUND, & ANALYSIS The Tompkins County Workforce Development Board has been contracting with YES since 2012 to provide summer youth employment to teens eligible for Temporary Assistance For Needy Families eligible or whose families live at or below 200% of the federal poverty level. This year’s funding will allow YES to employ 67 youth to work throughout the summer. This funding also supports program administration, program expenses, mileage, and staff time. POLICY ALIGNMENT STATEMENT This aligns with the Human Services and Quality of Life Vision Statement because it increases equitable access to opportunities, services, and spaces that support physical, mental , and social well-being. This also aligns with the Intergovernmental Relations Vision Statement because it allows us to improve service delivery, includes external funding, and advances shared priorities for the greater Ithaca community. QUESTIONS FOR COUNCIL BUDGET IMPLICATIONS & FUNDING This funding will not only cover the cost of employing the teens in this program, and program supplies, it also covers some of our staffing and non-participant program expenses. We would like to amend the 2026 Youth Bureau budget, contingent upon confirmation of funding, as follows: 9 Increase revenue: Account # A7310-4820-1202 Youth Employment Service $232,533.00 Account # A7310-4820-1400 Administration $3,467.00 Total $236,000.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $191,104.43 Account # A 7310-5125-1202 Overtime $3,000.00 Account # A 7310-5425-1202 Office Supplies $4,000.00 Account # A 7310-5440-1202 Staff Development $2,000.00 Account # A 7310-5445-1202 Travel & Mileage $2,000.00 Account # A 7310-5460-1202 Program Supplies $5,000.00 Account # A 7310-5460-1400 Program Supplies $3,467.00 YES Fringe Benefits Participants $166,780.83 x 12.65% $21,097.78 Other PTS (Staff) $24,323.60 x 15.85% $3,855.29 Overtime $3,000 x 15.85% $475.50 Total $236,000.00 10 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Ithaca Youth Bureau Christine Ibert, TO:Common Council FROM:Gregg Houck DATE:August 5, 2026 RE:Joint Youth Commission First-Time Work Program Funding ITEM #:5.3 MEMORANDUM Consent Agenda- Resolution to Amend 2026 Ithaca Youth Bureau Budget- Youth Employment Service ATTACHMENTS: JYC YES Resolution 7-26_Gregg Houck.pdf JYC YES Budget Amendment July 2026_Gregg Houck.pdf 11 Resolution to Amend 2026 Ithaca Youth Bureau Budget – Youth Employment Service WHEREAS, the Town of Ithaca and the Joint Youth Commission have advised the Ithaca Youth Bureau that Youth Employment Service will receive $80,500 in funding for the Joint Youth Commission First-Time Work Program and WHEREAS, the goals of this program align with several City legislative priorities and this funding allows for Youth Employment Service to provide work readiness and subsidized employment services to 55 eligible youth; now, therefore, be it RESOLVED, that the Common Council hereby amends the 2026 Ithaca Youth Bureau budget as follows: Increase revenue: Account # A7310-2350-1202 Youth Employment Service $79,500.00 Account # A7310-2350-1400 Administration $1,000.00 Total $80,500.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $64,812.00 Account # A 7310-5120-1202 Overtime $1,000.00 Account # A 7310-5425-1202 Office Supplies $1,600.00 Account # A 7310-5445-1202 Travel & Mileage $1,341.50 Account # A 7310-5460-1202 Program Supplies $2,000.00 Account # A 7310-5425-1400 Office Supplies $1,000.00 YES Fringe Benefits Participants $52,648 x 12.65% $6,660.00 Other PTS (Staff) $12,162 x 15.85% $1,928.00 Overtime $1,000 x15.85% $158.50 Total $80,500.00 RESOLVED, that this amendment shall take effect upon adoption; and be it further RESOLVED, that the appropriate City officials are hereby authorized to take all necessary actions to implement this resolution. 12 M E M O R A N D U M Date: July 16, 2026 To: Common Council From: Ever Stokes, Senior Youth Program Coordinator – Youth Employment Service Suki Tabor, Youth Bureau Deputy Director Gregg Houck, Youth Bureau Director RE: Joint Youth Commission First-Time Work Program Amendment to the Youth Bureau Budget EXECUTIVE SUMMARY The Ithaca Youth Bureau respectfully requests approval to amend the 2026 Youth Bureau budget to reflect the $80,500 funding provided for the Joint Youth Commission First-Time Work Program by the Town of Ithaca and the Joint Youth Commission. Youth Employment Service administers this program. PROJECT HISTORY, BACKGROUND, & ANALYSIS The Joint Youth Commission has been contracting with Youth Employment Service the since 2017. It is beneficial to serve youth from these communities alongside City youth since many of them attend the same schools and are in the same social networks. This is more efficient and improves service delivery , and lowers costs compared to a model of multiple youth employment providers. It simplifies the systems youth have to navigate to access the world of work. This year’s funding will allow Youth Employment Service (YES) to provide services to 55 JYC youth; 35 of whom will be placed in youth jobs. The program will serve youth from the Towns of Caroline and Ithaca and the Villages of Lansing and Cayuga Heights. This funding allows YES to serve the youth from the communities listed above through two components of the YES program. 1. YES Connect element is a work-readiness program that includes interview and skill assessments, workshops, job referrals, and one-on-one coaching. 40 JYC youth will be served in YES Connect. 2. The second element is subsidized employment with a focus on teens who are first time employees and/or facing employment barriers. 23 youth will be placed in jobs for up to 120 hours. Youth in this program element will also participate in YES Connect. This funding also provides for coordination of services through YES Connect to youth from Enfield and Danby. For the subsidized employment portion of services to Danby, there is a separate memo for the municipal funding to support this. 13 POLICY ALIGNMENT STATEMENT This aligns with the Human Services and Quality of Life Vision Statement because it increases equitable access to opportunities, services, and spaces that support physical, mental , and social well-being. This also aligns with the Intergovernmental Relations Vision Statement because it allows us to improve service delivery, includes external funding, and advances shared priorities for the greater Ithaca community. QUESTIONS FOR COUNCIL BUDGET IMPLICATIONS & FUNDING This funding will not only cover the cost of employing the teens in this program, and program supplies, it also covers some of our administrative and program expenses, overtime costs, and the costs of a summer seasonal staff member. We would like to amend the 2026 Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase revenue: Account # A7310-2350-1202 Youth Employment Service $79,500.00 Account # A7310-2350-1400 Administration $1,000.00 Total $80,500.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $64,812.00 Account # A 7310-5120-1202 Overtime $1,000.00 Account # A 7310-5425-1202 Office Supplies $1,600.00 Account # A 7310-5445-1202 Travel & Mileage $1,341.50 Account # A 7310-5460-1202 Program Supplies $2,000.00 Account # A 7310-5425-1400 Office Supplies $1,000.00 YES Fringe Benefits Participants $52,648 x 12.65% $6,660.00 Other PTS (Staff) $12,162 x 15.85% $1,928.00 Overtime $1,000 x15.85% $158.50 Total $80,500.00 14 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Ithaca Youth Bureau Christine Ibert, TO:Common Council FROM:Gregg Houck, Director Ithaca Youth Bureau DATE:August 5, 2026 RE:Danby Youth Commission Youth Employment Program Funding ITEM #:5.4 MEMORANDUM Consent Agenda- Resolution to Amend 2026 Ithaca Youth Bureau Budget- Youth Employment Service ATTACHMENTS: DYC YES Resolution 7-26_Gregg Houck.pdf DYC YES Budget Amendment July 2026_Gregg Houck.pdf 15 “An Equal Opportunity Employer with a commitment to workforce diversification.” Resolution to Amend 2026 Ithaca Youth Bureau Budget – Youth Employment Service WHEREAS, the Town Danby Youth Commission has advised the Ithaca Youth Bureau that Youth Employment Service will be receiving $10,814 in funding for the employment of Danby youth, and WHEREAS, the goals of this program align with several City legislative priorities and this funding allows for Youth Employment Service to provide work readiness and subsidized employment services to 5 eligible youth; now, therefore, be it RESOLVED, that the Common Council hereby amends the 2026 Ithaca Youth Bureau budget as follows: Increase revenue: Account # A7310-2350-1202 Youth Employment Service $10,814.00 Total $10,814.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $9,600.00 YES Fringe Benefits Participants $9,600 x 12.65% $1,214.00 Total $10,814.00 RESOLVED, that this amendment shall take effect upon adoption; and be it further RESOLVED, that the appropriate City officials are hereby authorized to take all necessary actions to implement this resolution. 16 M E M O R A N D U M Date: July 16, 2026 To: Common Council From: Ever Stokes, Senior Youth Program Coordinator – Youth Employment Service Suki Tabor, Youth Bureau Deputy Director Gregg Houck, Youth Bureau Director RE: Danby Youth Commission Youth Employment Program Amendment to the Youth Bureau Budget EXECUTIVE SUMMARY The Ithaca Youth Bureau respectfully requests approval to amend the 2026 Youth Bureau budget to reflect the $10,814 funding provided for the Youth Employment Program by the Town of Danby. Youth Employment Service administers this program. PROJECT HISTORY, BACKGROUND, & ANALYSIS The Danby Youth Commission has been contracting with Youth Employment Service for over 7 years. It is beneficial to serve youth from this community alongside City youth since many of them attend the same schools and are in the same social networks. This is more efficient and improves service delivery , and lowers costs compared to a model of multiple youth employment providers. It simplifies the systems youth have to navigate to access the world of work. This year’s funding will allow Youth Employment Service (YES) to provide services to 5 DYC youth who will be placed in youth jobs. These teens will have access to YES Connect through the JYC funding in a related memo. POLICY ALIGNMENT STATEMENT This aligns with the Human Services and Quality of Life Vision Statement because it increases equitable access to opportunities, services, and spaces that support physical, mental , and social well-being. This also aligns with the Intergovernmental Relations Vision Statement because it allows us to improve service delivery, includes external funding, and advances shared priorities for the greater Ithaca community. QUESTIONS FOR COUNCIL BUDGET IMPLICATIONS & FUNDING This funding will cover the cost of employing the teens in this program. We would like to amend the 2026 Youth Bureau budget, contingent upon confirmation of funding, as follows: 17 Increase revenue: Account # A7310-2350-1202 Youth Employment Service $10,814.00 Total $10,814.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $9,600.00 YES Fringe Benefits Participants $9,600 x 12.65% $1,214.00 Total $10,814.00 18 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:City Attorney's Office DATE:August 5, 2026 RE:Recruitment for Alternate Positions- City Attorney’s Office ITEM #:5.5 MEMORANDUM Consent Agenda- Resolution to Authorize Recruitment for Alternate Positions- City Attorney's Office ATTACHMENTS: Resolution to Authorize Alternate Posting - Attorney's Office.pdf Memo re Alternate Posting.pdf 19 Resolution to Authorize Recruitment for Alternate Positions – Attorney’s Office WHEREAS, the City Attorney’s Office has had a vacancy in a funded Assistant City Attorney position since April 2026; and WHEREAS, on July 8, 2026, the Civil Service Commission adopted a job description for Municipal Legal Analyst, a non-attorney staff position in the Attorney’s Office at a lower pay grade; and WHEREAS, due to recruitment challenges for the Assistant City Attorney position, the Attorney’s Office proposes to simultaneously advertise and recruit for both positions, while only filling one; now, therefore, be it RESOLVED, that the Attorney’s Office is authorized to fill a Municipal Legal Analyst position in lieu of an Assistant City Attorney position, or vice versa, but in no event shall both positions be simultaneously filled or funded as a result of this resolution, and be it further RESOLVED, that if and only if the Municipal Legal Analyst position is filled in lieu of the Assistant City Attorney position, the personnel roster and budget for the Attorney’s Office shall be adjusted by de-rostering and defunding one Assistant City Attorney position and rostering and funding one Municipal Legal Analyst position, without the need for further action by the Common Council. 20 OFFICE OF THE CITY ATTORNEY www.cityoﬁthacany.gov City of Ithaca 108 E. Green Street | Ithaca, NY 14850 | attorney@cityoﬁthaca.org | 607.274.6504 Date: July 27, 2026 To: Common Council From: Victor Kessler, City Attorney RE: Resolution to Authorize Recruitment for Alternate Positions – Attorney’s Oﬃce EXECUTIVE SUMMARY The Civil Service Commission recently approved a new staﬀ-level position, Municipal Legal Analyst, for the City Attorney’s Oﬃce. The Oﬃce currently has a vacancy in a funded full-time Assistant City Attorney position. The Oﬃce seeks authorization from Common Council to advertise and recruit for both positions simultaneously with the intent to ﬁll the vacancy with either an Assistant City Attorney or a Municipal Legal Analyst, but not both. BUDGET IMPLICATIONS & FUNDING If the Assistant City Attorney position is ﬁlled, there will be no budgetary impact. If the Municipal Legal Analyst position is ﬁlled, there will be an annual recurring savings of several thousand dollars per year (exact amount will depend on step level and beneﬁts) due to the lower grade of the position. POLICY ALIGNMENT STATEMENT This is a routine administrative item and is not anticipated to have a signiﬁcant policy impact. NEXT STEPS As drafted, the resolution directs that the Oﬃce’s roster and budget be adjusted appropriately upon ﬁlling the vacancy without further need of action from Common Council. Put diﬀerently, if the Municipal Legal Analyst position is ﬁlled, it will be funded and rostered and the Assistant City Attorney position will be defunded and de-rostered. If the Assistant City Attorney position is ﬁlled, there would be no change to the Oﬃce’s budget or roster and a Municipal Legal Analyst would not be hired at this time. 21 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Information and Community Engagement Christine Ibert, TO:Common Council FROM:Scott Rougeau DATE:August 5, 2026 RE:Changes to Special Event Code ITEM #:6.1 MEMORANDUM An Ordinance Amending Ithaca City Code Chapter 132, “Assemblies and Parades” ATTACHMENTS: 2026-16-18 Special Event Permit Legislation (1).pdf Event Permit Legislative Work Session Memo to Council (1).pdf Changes to Event Code Policy Alignment Statem_Scott Rougeau.pdf 22 An Ordinance Amending Ithaca City Code Chapter 132, “Assemblies and Parades” WHEREAS, the City of Ithaca periodically reviews and updates its municipal code to ensure that regulations governing public events remain clear, effective, and responsive to the needs of the public, event organizers, and the City; and WHEREAS, the Common Council of the City of Ithaca desires to amend Chapter 132 of the Ithaca City Code in order to clarify applicable definitions and establish a standardized special event permit process for events requiring multiple City permits, for the purpose of providing clear guidance for event organizers, increasing transparency, improving administrative efficiency, and enhancing interdepartmental coordination; now, therefore ORDINANCE 2026-__ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Amendments to Section 132-7 of the Ithaca City Code The following portions of Section 132 of the Ithaca City Code are hereby amended as follows: 1 § 132-7. Special event permits. A. Events requiring three or more of the following permits shall require a special event permit: A special event permit is required if three or more other permits are required for the event, including but not limited to the following types of permit: outdoor assembly, tent or other temporary structure, noise, assembly and parade, street closures, vending, alcohol, use of parks or city property. B. Special event permits shall be issued by the Department of Information and Community Engagement City Clerk's office after review and approval by appropriate department personnel. The provisions set forth in the City of Ithaca Municipal Code for each permit shall remain in effect. The Director of Information and Community Engagement or their designee City Clerk is authorized to develop and publish an information guide and special event permit application that contain rules and regulations that are consistent with local, state, and federal laws. C. Special events shall be categorized as small, medium, or large. The Director of Information and Community Engagement or their designee shall establish, and may from time to time revise, appropriate criteria for distinguishing between categories of special event, and an appropriate fee may be established separately for each category. The criteria and fees shall be published on the City website and a copy shall be maintained in the Clerk’s Office. 1 Strikethrough indicates removals. Underlining indicates additions. Ellipses (…) indicate the omitted text remains unaltered. 23 D. Where the applicant for a special event permit is not the owner of the premises where the special event is to take place, the application must include written authorization from the owner consenting to holding the special event on the property. Section 2. Severability Clause Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 3. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 24 M E M O R A N D U M Date: 7/31/26 To: Common Council From: Scott Rougeau, Community Permit Specialist RE: Special Event Permit Legislative Changes EXECUTIVE SUMMARY The proposed amendments to the City's event permitting requirements are intended to improve public safety, administrative clarity, and the equitable allocation of City resources. Events vary significantly in attendance, complexity, location, and impact on the community. The permitting framework should recognize those differences and ensure that events receive a level of review more appropriate to their unique circumstances. PROJECT HISTORY, BACKGROUND, & ANALYSIS Events can take many forms, and each presents its own operational, logistical, and public safety considerations. Under the current framework, a Special Event Permit is generally triggered when an event requires three or more City permits. Experience with the existing process has identified instances in which events with significant attendance or operational complexity have fallen just below that threshold and therefore have not received the level of comprehensive review appropriate to their scope. For example, a ticketed concert held on private property with approximately 900 attendees and a temporary stage could potentially proceed through several individual permitting processes without triggering a Special Event Permit. While each individual permit addresses a specific regulatory requirement, those permits do not necessarily provide the comprehensive event-level department-wide review and coordination needed to evaluate how the various components of an event interact. The proposed changes are intended to ensure that events with greater potential impacts are subject to an appropriate level of oversight. The Special Event Permit process requires comprehensive safety planning, site plans and diagrams, appropriate insurance documentation, and coordination among relevant City departments. Bringing these events into the Special Event Permit process earlier also gives City staff adequate time to identify potential concerns, coordinate necessary resources, and work with organizers to resolve issues well before the event takes place. The proposed amendments will provide event organizers and City staff with clearer expectations from the beginning of the planning process. Events will be classified according to established criteria that consider factors such as attendance, permits required, and the anticipated demands placed on City services. 25 A standardized classification system will make it easier for organizers to understand which requirements apply to their event and allow City staff to apply the same framework when evaluating similar events. This approach should reduce uncertainty and create a more predictable permitting experience for applicants. POLICY ALIGNMENT STATEMENT This item advances Council's legislative policies regarding Public Works and Operations. Specifically, it supports Council's vision of delivering efficient and coordinated responses to requests of City services by modernizing the City's special event permitting process, improving interdepartmental collaboration, and more appropriately categorizing events based on scale. The proposed amendments standardize framework for reviewing events which require multiple City permits. These changes will provide applicants with a more transparent permitting process while enabling City departments to more effectively coordinate operational planning, public safety, traffic management, and other city services. These changes are consistent with Council's strategic goals of improving operational efficiency and strengthening collaboration across City departments. Currently events require a permit from the city if they activate 3 or more of the following criteria; noise permit, assembly/parade permit, street closures, vending of alcohol, and use of parks or city property. Currently all event permits are charged the same $100 fee regardless of scale and scope. These amendments expand the requirements that activate the need for an event permit to include vending of any kind, building permits, and assemblies of 50 or greater regardless of city or private property use. This proposal would categorize events into either small, medium, or large classification with permit fees adjusting to $100, $250, and $500 respectfully. This proposal would also include the option for expediting applications received after the 6-week deadline for an additional fee of $200. Finally, this proposal would require written authorization from the property owner when events are to be held at premises not owned by the applicant. The proposed amendments establish a standardized Special Event Permit process that improves coordination for City staff. This ordinance also benefits residents, nonprofits, and event organizers by making the permitting process more transparent and predictable resulting in both operational improvements and improved customer service. QUESTIONS FOR COUNCIL None BUDGET IMPLICATIONS & FUNDING Projected to increase permit fee revenue by approximately $29,000 PUBLIC FEEDBACK None NEXT STEPS 26 Policy Alignment: Public Works & Operations Policy Alignment Statement This item advances Council's legislative policies regarding Public Works and Operations. Specifically, it supports Council's vision of delivering efficient and coordinated responses to requests of City services by modernizing the City's special event permitting process , improving interdepartmental collaboration, and more appropriately categorizing events based on scale. The proposed amendments standardize framework for reviewing events which require multiple City permits. These changes will provide applicants with a more transparent permitting process while enabling City departments to more effectively coordinate operational planning, public safety, traffic management, and other city services. These changes are consistent with Council's strategic goals of improving operational efficiency and strengthening collaboration across City departments. Currently events require a permit from the city if they activate 3 or more of the following criteria; noise permit, assembly/parade permit, street closures, vending of alcohol, and use of parks or city property. Currently all event permits are charged the same $100 fee regardless of scale and scope. These amendments expand the requirements that activate the need for an event permit to include vending of any kind, building permits, and assemblies of 50 or greater regardless of city or private property use. This proposal would categorize events into either small, medium, or large classification with permit fees adjusting to $100, $250, and $500 respectfully. This proposal would also include the option for expediting applications received after the 6-week deadline for an additional fee of $200. Finally, this proposal would require written authorization from the property owner when events are to be held at premises not owned by the applicant. The proposed amendments establish a standardized Special Event Permit process that improves coordination for City staff. This ordinance also benefits residents, nonprofits, and event organizers by making the permitting process more transparent and predictable resulting in both operational improvements and improved customer service. 27 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Public Works Christine Ibert, TO:Common Council FROM:Scott Gibson DATE:August 5, 2026 RE:Pre-Treat Agreement-IAWWTF & Cayuga Heights ITEM #:6.2 MEMORANDUM Resolution Authorizing the Execution of a Pretreatment Agreement ATTACHMENTS: Contract--Pretreatment_Resolution_COI.pdf Work Session Memo to Council Pretreatment Agreement -.pdf IAWWTF Pretreatment Agreement 2025-2030 Need COI.pdf 28 Resolution Authorizing the Execution of a Pretreatment Agreement WHEREAS, the City of Ithaca, the Town of Ithaca, and the Town of Dryden own and operate the Ithaca Area Wastewater Treatment Facility (IAWWTF); and WHEREAS, the City was party to a 2003 pretreatment agreement whereby the owners of the IAWWTF, the owners of the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), and the Village of Lansing provided that, subject to certain conditions, excess capacity at the IAWWTF would be made available to treat flows that would have otherwise been treated at the VCHWWTP; and WHEREAS, as part of the agreement to provide excess capacity at the IAWWTF, the Village of Cayuga Heights would abide by the IAWWTF Pretreatment Regulations; and WHEREAS, the prior agreement is expiring and the Common Council wishes to authorize a successor agreement; now, therefore, be it RESOLVED, that the Acting City Manager is authorized and directed, subject to the advice of the City Attorney, to execute a Pretreatment Agreement in substantially the same form as that attached hereto. 29 M E M O R A N D U M Date: July 23, 2026 To: Common Council From: Scott Gibson, Acting DPW Superintendent RE: Pretreatment Agreement – IAWWTF/Cayuga Heights EXECUTIVE SUMMARY A renewed agreement between the joint owners of the Ithaca Area Wastewater Treatment Facility IAWWTF and the Village of Cayuga Heights. This is in concert with an original agreement signed in December 2003 and represents an update with no substantial changes. PROJECT HISTORY, BACKGROUND, & ANALYSIS In December 2003, the Joint Owners of the IAWWTF signed an agreement with the Village of Cayuga Heights to use the IAWWTF plant’s excess capacity to absorb wet weather flow from the Village of Cayuga Heights . This provides peak shaving for the Village Treatment Plant since their facility is at capacity. Surge flow is diverted to the Ithaca Plant at a location known as the Kline Road Bypass. This agreement provides conditions to the Village to ensure that when they are using Ithaca plant capacity, that they are abiding by its pretreatment rules and regulations. This is a renewed agreement for the period of 2025 – 2030. POLICY ALIGNMENT STATEMENT This agreement has no impact on City of Ithaca legislative policy(ies) QUESTIONS FOR COUNCIL None BUDGET IMPLICATIONS & FUNDING None PUBLIC FEEDBACK None 30 NEXT STEPS None. Requires a signature from the City Manager. Joint Owners have already signed in December 2025. 31 MULTIJURISDICTIONAL PRETREATMENT AGREEMENT BETWEEN CITY OF ITHACA, TOWN OF ITHACA, TOWN OF DRYDEN AND VILLAGE OF CAYUGA HEIGHTS This Agreement is entered into this day of December 31, 2025, between the City of Ithaca, Tompkins County, New York, Town of Ithaca, Tompkins County, New York, Town of Dryden, Tompkins County, New York, and Village of Cayuga Heights, Tompkins County, New York (hereinafter jointly referred to as the "Parties") RECITALS 1. The City of Ithaca, Town of Ithaca and Town of Dryden (hereinafter jointly referred to as the “IAWWTF Owners”) jointly own and operate the Ithaca Area Wastewater Treatment Facility (“IAWWTF”). 2. Pursuant to a separate agreement with the IAWWTF Owners, the Village of Cayuga Heights will utilize the IAWWTF to treat some of the wastewater originating in the “Old Village” area of the Village of Cayuga Heights. 3. Facilities located in or that may locate in the “Old Village” area of the Village of Cayuga Heights may contribute wastewater that includes industrial waste to the municipal sewer system, and at times that wastewater will flow to the IAWWTF. Facilities contributing industrial wastewater are hereinafter referred to as "industrial users." 4. The IAWWTF Owners must implement and enforce a pretreatment program to control discharges from all IAWWTF industrial users pursuant to requirements set out in 40 CFR Part 403. In this Agreement, the Village of Cayuga Heights agrees to adopt a sewer use law that will subject the-industrial users within its boundaries whose wastewater discharges may flow to the IAWWTF to the necessary pretreatment controls, and to implement and enforce that sewer use law. AGREEMENT 1. A. The Village of Cayuga Heights will diligently enforce an adopted sewer use law applicable to users within its boundaries whose wastewater discharges may flow to the IAWWTF, with pretreatment provisions that are no less stringent than and are as broad in scope as the uniform pretreatment sewer use laws of the IAWWTF Owners (City of Ithaca Code Chapter 264; Town of Ithaca Code Chapter 216; Town of Dryden Code Chapters 222 and 257. B. Whenever the IAWWTF Owners revise their pretreatment sewer use laws, they will forward a copy of the revisions to the Village of Cayuga Heights. The Village of Cayuga Heights will adopt revisions to its sewer use law applicable to users whose wastewater discharges may flow to the IAWWTF that are at least as stringent as those adopted by the IAWWTF Owners. The Village of Cayuga Heights will forward to the IAWWTF Owners for review its proposed revisions within sixty (60) days of receipt of the IAWWTF Owners’ revisions. The Village of Cayuga Heights will adopt its revisions within sixty (60) days of receiving approval from the IAWWTF Owners of their content. 32 C. The Village of Cayuga Heights will diligently enforce an adopted pollutant specific local limits applicable to users within its boundaries whose wastewater discharges may flow to the IAWWTF that address at least the same pollutant parameters and are at least as stringent as the local limits enacted by the IAWWTF Owners. If the IAWWTF Owners make any revisions or additions to the IAWWTF’s local limits, they will forward to the Village of Cayuga Heights a copy of such revisions or additions within sixty (60) days of enactment thereof. The Village of Cayuga Heights will adopt any such revisions or additions within sixty (60) days of receipt thereof. 2. A. The Village of Cayuga Heights will take all actions necessary to ensure that industrial users within its boundaries that discharge to the IAWWTF are subject to an approved pretreatment program to the extent required by 40 CFR 403 .8, including the performance of all technical and administrative duties necessary to implement and enforce its sewer use law against IAWWTF industrial users located in its jurisdiction. The Village of Cayuga Heights will: (1) update the industrial waste survey; (2) issue permits to all industrial users of the IAWWTF within its boundaries required to obtain a permit; (3) conduct inspections, sampling, and analysis; (4) perform enforcement activities; and (5) perform any other technical or administrative duties the Parties deem appropriate. In addition, the Village of Cayuga Heights will take emergency action in accordance with applicable law and regulations to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass-through, or sludge contamination. B. The Village of Cayuga Heights will maintain current information on IAWWTF industrial users located in its jurisdiction. The Village of Cayuga Heights will update the industrial waste survey by January 1 of each year for IAWWTF industrial users located in its jurisdiction. The Village of Cayuga Heights will forward a copy of this survey to the IAWWTF’s Chief Operator within five (5) days of its completion. C. Whenever a new IAWWTF industrial user proposes to begin operations in the Village of Cayuga Heights, or any time an existing IAWWTF industrial user proposes to increase its discharge by at least twenty percent (20%) or 5,000 gallons per day, whichever is greater, or proposes to change its discharge, or any time it is requested by the IAWWTF Owners, the Village of Cayuga Heights will require that such industrial user respond to an industrial user questionnaire supplied by the IAWWTF. Such response shall be due prior to any proposed implementation and (where applicable) permit issuance by the Village of Cayuga Heights’ Chief Operator, or, if the IAWWTF Owners request the questionnaire, within fifteen (15) days of the IAWWTF Owners’ request. The Village of Cayuga Heights will forward a copy of the completed questionnaire immediately upon receipt to the IAWWTF’s Chief Operator for review. D. The Village of Cayuga Heights will provide the IAWWTF Owners or their 33 designees access to all records or documents relevant to the pretreatment program for any IAWWTF industrial user located in the Village of Cayuga Heights. E. The Village of Cayuga Heights will inspect and sample all IAWWTF industrial users located in its jurisdiction each year. The Village of Cayuga Heights will submit advance written notice of scheduled inspections to the IAWWTF’s Chief Operator sufficient to provide the opportunity for IAWWTF personnel to attend all inspections. If an inspection is in response to an emergency situation and such notice, is not possible, the Village of Cayuga Heights will make every effort to informally notify the IAWWTF of the impending inspection so IAWWTF personnel may attend. The Village of Cayuga Heights will forward copies of all inspection reports to the IAWWTF’s Chief Operator within fourteen (14) days of the inspection. The Village of Cayuga Heights will submit to the IAWWTF its procedures for sampling and analyses including all procedures in place for quality assurance and quality control. All procedures will conform to those set out in 40 CFR Part 136, except as otherwise required by the U.S. Environmental Protection Agency. F. The IAWWTF may, with notice to the Village of Cayuga Heights, conduct inspections and sampling at any IAWWTF industrial user's facility located within the Village of Cayuga Heights, as it deems necessary. G. The Village of Cayuga Heights will issue permits to all IAWWTF industrial users required to be permitted under its sewer use law located in its jurisdiction. Permits must be issued prior to any discharge that may flow to the IAWWTF. Permits for IAWWTF industrial users must contain, at a minimum, appropriate effluent limitations, monitoring and reporting requirements, a statement of duration, a statement of non- transferability, a statement of applicable civil and criminal penalties, and any other conditions requested to be included in the permit by the IAWWTF. After the Village of Cayuga Heights drafts a permit, it will forward a copy thereof to the IAWWTF’s Chief Operator for review and comment at least sixty (60) days prior to the expected date of issuance. Within forty-five (45) days of receipt of the proposed permit, the IAWWTF will either approve the permit or request the Village of Cayuga Heights to make additions, deletions, or changes. No permit will be issued if the IAWWTF delivers to the Village of Cayuga Heights a statement of its objections to the issuance of such permit. H. The Village of Cayuga Heights will submit a monthly report to the IAWWTF’s Chief Operator on the compliance status of each IAWWTF significant industrial user located within its jurisdiction and any enforcement response taken or anticipated. Such report will include the time frames for initial enforcement actions, as well as any subsequent enforcement actions. I. The Village of Cayuga Heights will enforce the provisions of its sewer use law and permits applicable to IAWWTF users located with the Village of Cayuga Heights. In the event the Village of Cayuga Heights fails to take- adequate enforcement action against noncompliant IAWWTF users in the Village of Cayuga Heights on a timely 34 basis, the IAWWTF Owners or their designees will take such action on behalf of and as agent for the Village of Cayuga Heights. 3. The IAWWTF Owners or their designees may take emergency action in accordance with applicable law and regulations, whenever they deem necessary, to stop or prevent any discharge to the IAWWTF which presents, or may present, an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass-through, or sludge contamination. The IAWWTF Owners will provide informal notice to the industrial user and the Village of Cayuga Heights of their intent to take emergency action prior to taking action. The opportunity to respond, however, may be limited to a hearing after the emergency powers of the IAWWTF Owners have been exercised. 4. The Village of Cayuga Heights shall not allow an industrial user located outside the jurisdictional boundaries of the Village of Cayuga Heights to discharge into the IAWWTF via the Village of Cayuga Heights sewer system. The foregoing shall not apply to any users located in the Town of Ithaca or Town of Dryden that discharge into the IAWWTF via the Village of Cayuga Heights sewer system, because these Towns are co-owners and operators of the IAWWTF and already have sewer use laws in place that regulate IAWWTF users within their jurisdictions. 5. The Village of Cayuga Heights will indemnify the IAWWTF Owners for all damages, fines, and costs either incurred as a result of industrial waste discharged to the IAWWTF from users located within the Village of Cayuga Heights or from the failure of the Village of Cayuga Heights to comply with this Agreement. 6. A. If any term of this Agreement is held to be invalid in any judicial action, the remaining terms of this Agreement will be unaffected. B. The Parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.C. §1251 et seq.') and the rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but in any event such review and necessary revisions shall occur at least every three (3) years on a date to be determined by the Parties. C. The IAWWTF Owners may terminate this Agreement by providing one (1) year written notice to the Village of Cayuga Heights. All benefits and obligations under this Agreement will cease one (1) year from receipt of such notice. If notice of termination is given pursuant to this paragraph, the Parties will substitute a new agreement to replace this Agreement, unless one or more of the agreements listed in Paragraph 7 below permitting the Village of Cayuga Heights to send wastewater to the IAWWTF are also terminated. 7. This Agreement shall become effective on the date it is fully executed. Unless terminated sooner as provided in this paragraph or in Paragraph 6.C above, the term of this Agreement shall end on December 31, 2030. The Parties may agree in writing to renew this Agreement for additional terms. A Party that does not intend to renew shall so notify the other Parties 35 at least one (1) year before the end of the then-current term. Notwithstanding the foregoing, this Agreement shall automatically terminate if one or both of the following agreements terminate and are not substituted by new agreement(s): the Intermunicipal Wastewater Agreement dated December 31, 2003, or the December 31, 2025 plant to plant agreement between the Village of Cayuga Heights and the IAWWTF Owners. 8. This Agreement constitutes the entire Agreement of the Parties concerning the subject matter hereof. It may be amended only by the written consent of each of the Parties, with each Party executing and acknowledging the document containing the amendment through its duly authorized representative. 9. This Agreement shall be governed by the laws of the State of New York. 10. Each Party represents and warrants that; (a) this Agreement has been presented to its governing body; (b) its governing body has approved this Agreement by a majority vote of the full possible voting strength of that governing body; and (c) if required, all steps by way of public hearings and/or referendum or otherwise have been taken by the time of execution of this Agreement. Resolutions of each governing body approving this Agreement are attached to this Agreement as Exhibit A. 11. No Party may assign or transfer its rights and interests in this Agreement to another entity without the prior written consent of all of the Parties. 12. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers and sealed with their corporate seals on the days(s) and year set forth below. [SIGNATURE PAGES FOLLOW] 36 CITY OF ITHACA Dated: _______________________ By: _____________________________ Robert Cantelmo, Mayor City of Ithaca STATE OF NEW YORK ) : ss. COUNTY OF TOMPKINS ) On the ___ day of __________, 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Cantelmo, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. ______________________________ Notary Public Dominick Recckio, Acting City Manager Dominick Recckio 37 38 39 40 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Department of Public Works Christine Ibert, TO:Common Council FROM:Scott Gibson, Acting Superintendent of Public Works DATE:August 5, 2026 RE:Plant to Plant Agreement ITEM #:6.3 MEMORANDUM Resolution Authorizing the Execution of a Plant to Plant Agreement ATTACHMENTS: Contract--Plant_to_Plant_Resolution_COI.pdf Work Session Memo to Council Plant to Plant Agreement -.pdf Plant to Plant Agreement 2025-2030 withattachments and COI signature.pdf 41 Resolution Authorizing the Execution of a Plant to Plant Agreement WHEREAS, the City of Ithaca, the Town of Ithaca, and the Town of Dryden own and operate the Ithaca Area Wastewater Treatment Facility (IAWWTF); and WHEREAS, the City was party to a 2003 plant to plant agreement whereby the owners of the IAWWTF, the owners of the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), and the Village of Lansing provided that, subject to certain conditions, excess capacity at the IAWWTF would be made available to treat flows that would have otherwise been treated at the VCHWWTP; and WHEREAS, the prior agreement is expiring and the Common Council wishes to authorize a successor agreement; now, therefore, be it RESOLVED, that the Acting City Manager is authorized and directed, subject to the advice of the City Attorney, to execute a Plant to Plant Wastewater Agreement in substantially the same form as that attached hereto. 42 M E M O R A N D U M Date: July 23, 2026 To: Common Council From: Scott Gibson, Acting DPW Superintendent RE: Plant to Plant Agreement – IAWWTF/Cayuga Heights EXECUTIVE SUMMARY A renewed agreement between the joint owners of the Ithaca Area Wastewater Treatment Facility IAWWTF and the Village of Cayuga Heights. This is in concert with an original agreement signed in December 2003 and represents an update with no substantial changes. PROJECT HISTORY, BACKGROUND, & ANALYSIS In December 2003, the Joint Owners of the IAWWTF signed an agreement with the Village of Cayuga Heights to use the IAWWTF plant’s excess capacity to absorb wet weather flow from the Village of Cayuga Heights . This provides peak shaving for the Village Treatment Plant since their facility is at capacity. Surge flow is diverted to the Ithaca Plant at a location known as the Kline Road Bypass. This is a renewed agreement for the period of 2025 – 2030. POLICY ALIGNMENT STATEMENT This agreement has no impact on City of Ithaca legislative policy(ies) QUESTIONS FOR COUNCIL None BUDGET IMPLICATIONS & FUNDING None PUBLIC FEEDBACK None NEXT STEPS None. Requires a signature from the City Manager. Joint Owners have already signed in December 2025. 43 Page - 1 Plant to Plant Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden And Village of Cayuga Heights This Agreement is made as of the 31st day of December, 2025, between the CITY OF ITHACA, Tompkins County, New York, TOWN OF ITHACA, Tompkins County, New York, and TOWN OF DRYDEN, Tompkins County, New York (hereafter collectively referred to as “IAWWTF Owners”), and VILLAGE OF CAYUGA HEIGHTS, Tompkins County, New York. WITNESSETH: WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned and operated by the IAWWTF Owners, treats municipal wastewater originating from the City and Town of Ithaca, as well as portions of the Town of Dryden, pursuant to a Joint Sewer Agreement dated December 31, 2003, as it may be amended; and WHEREAS, the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), which is owned and operated by the Village of Cayuga Heights, treats municipal wastewater from the Village of Cayuga Heights as well as portions of the Towns of Ithaca, Dryden, Lansing, and the Village of Lansing under the terms of individual agreements with the Village of Cayuga Heights and their respective sewer use laws and ordinances; and WHEREAS, the parties believe that it is in their best interests to make full use of existing community assets before building new or expanding existing facilities; and WHEREAS, because their mission is to serve the aforementioned municipalities, there is a history of cooperation between the owners of the two wastewater treatment plants focused on protecting the environment by cooperating in the treatment of sewage; and WHEREAS, the parties’ Intermunicipal Wastewater Agreement dated December 31, 2003, endorses the concept of the Village of Cayuga Heights’ utilization of excess IAWWTF capacity to leverage the efficient treatment of waste without causing an environmental emergency and/or to comply with regulations; and WHEREAS, the overarching history of past agreements and purpose of this agreement is to foster a cooperative framework among the owners of their respective wastewater treatment plants and those who are served. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties agree as follows: 44 Page - 2 Section 1 – Historical Overview, Agreement Basis, and Assumptions 1.1 Exhibit A contains an Historical Overview, Basis for Diversions, and Engineering Assumptions, all of which provide historical background information and assumptions for VCHWWTP flow diversions to the IAWWTF. Section 2 – Implementation of and Payment for Flow Transfers 2.1 The parties agree that the Village of Cayuga Heights is permitted to make short- term flow diversions to the IAWWTF on both emergency and non-emergency bases through the Kline Road bypass (shown in Exhibit C) from the properties within the portion of the Village of Cayuga Heights shown on Exhibit D. The Village of Cayuga Heights shall operate the bypass to (a) divert to the IAWWTF flows from the Village of Cayuga Heights’ Kline Road interceptor that exceed the capacity of the Sunset Road sewer pipe to take flows to the VCHWWTP, as well as (b) temporarily fully divert to the IAWWTF flows from the Village of Cayuga Heights’ Kline Road interceptor. When possible, the Village of Cayuga Heights shall provide twenty-four (24) hour advance telephone and email notification to the IAWWTF Chief Operator prior to any flow diversions. The Village of Cayuga Heights shall follow up with written notice as provided in Section 6.1 of this Agreement. The bypass may not divert flows from any properties not shown on Exhibit D without an amendment to this agreement or a new agreement with the IAWWTF Owners that includes as parties all municipalities contributing to the diverted flows (the Village of Cayuga Heights and, as relevant, the Village of Lansing and/or the Town of Lansing). Notwithstanding the foregoing, if the IAWWTF notifies the Village of Cayuga Heights that diverted flows would result in the IAWWTF violating its SPDES permit, then during the period of time stated in the notice, the Village of Cayuga Heights will not divert flows above the volume or flow rate stated in the notice. The IAWWTF Owners may close the bypass if the Village of Cayuga Heights fails to comply with the notice. The Village of Cayuga Heights hereby grants the IAWWTF and its representatives a non-exclusive license to enter the inlet valve vault on Kline Road for this purpose. 2.2 Pursuant to the terms of the IAWWTF Owners’ Joint Sewer Agreement, flows to the IAWWTF originating from the Village of Cayuga Heights, which lies wholly within the Town of Ithaca, are deemed to be Town of Ithaca flows. The Town of Ithaca’s own flows to the IAWWTF, plus the diverted flows via the Kline Road bypass, may not exceed the Town of Ithaca’s owned capacity in the IAWWTF. 2.3 The Village of Cayuga Heights will reconcile with the Town of Ithaca the costs it incurs due to the diversion of flow to the Kline Road bypass, pursuant to the terms described in Exhibit B. In addition, the Village of Cayuga Heights shall pay fees to the IAWWTF when the Kline Road flow monitoring station is inoperable or provides inaccurate readings over a continuous period of more than three (3) hours. The methodologies to calculate these charges and fees, along with frequency of billing and payment due dates, are set forth in Section 4 and Exhibit B. 45 Page - 3 2.4 The parties are concurrently entering into a new multijurisdictional pretreatment agreement. If in the future it is contemplated that flows in the Village of Cayuga Heights sewer system from (a) the Village of Lansing, (b) the Town of Lansing, and/or (c) properties in the Village of Cayuga Heights not shown on Exhibit D are to be diverted to the IAWWTF, the Village of Lansing and Town of Lansing must enter into multijurisdictional pretreatment agreements with the IAWWTF Owners and the Village of Cayuga Heights before flows from their respective jurisdictions can be diverted to the IAWWTF, and the Village of Cayuga Heights and the IAWWTF Owners must amend their multijurisdictional pretreatment agreement to apply to all Village of Cayuga Heights flows that can be diverted to the IAWWTF. Section 3 – Treatment 3.1 The IAWWTF will properly treat all transferred flows. The transferred flows must comply with the requirements of the then-current sewer use laws and ordinances of the municipalities in which they originate and, if more stringent, the then-current pretreatment laws adopted by the IAWWTF Owners. This is to ensure that the flows do not cause pass-through violations, interference with plant operations, sludge contamination, nuisance odors, or threat to IAWWTF worker safety. Verification testing required by permits or as needed by plant operators will be a cost of this Agreement. If such testing is performed by the IAWWTF on flows diverted from the Kline Road bypass, the costs will be billed by IAWWTF to the Village of Cayuga Heights at cost and paid within forty-five (45) days of receipt of the bill or paid on such other terms as may be mutually agreed upon. 3.2 The IAWWTF Owners’ uniform pretreatment laws are attached as Exhibit E. A copy of the IAWWTF operating permit issued by NYSDEC is available upon request to the IAWWTF Chief Operator. Section 4 – Monitoring Station and Measurement of Flows 4.1 Transferred flows shall be routed through the existing sewage flow monitoring station that the Village of Cayuga Heights paid for and installed at the Kline Road bypass. The Village of Cayuga Heights shall maintain a battery backup system, monitoring station readings, inspections, maintenance, repairs, and replacements of the Kline Road bypass monitoring station. The Village of Cayuga Heights shall provide to the IAWWTF on a monthly basis data specifying the quantities of diverted flows broken down by date at 5-minute intervals on a midnight-to-midnight basis. Such information may be transmitted by email or other means agreed upon by the parties. In addition, the IAWWTF shall have live and continuous access to the data from the Kline Road monitoring station and from the sewage flow monitoring stations immediately upstream and downstream of the Kline Road monitoring station. The Village of Cayuga Heights shall permit its contractor to provide the IAWWTF with such real-time data access. 4.2 The Village of Cayuga Heights shall inspect the Kline Road flow monitoring station after every rain event associated with a diversion of flow, to determine if it is 46 Page - 4 functioning properly. This will be accomplished remotely via the real-time data feed unless it is unavailable or unless there is indication that an in-person inspection is warranted. 4.3 Whenever the Village of Cayuga Heights determines or learns from the Town of Ithaca or IAWWTF that the Kline Road monitoring station is inoperable or providing inaccurate readings, the Village of Cayuga Heights shall, as soon as practicable, (a) provide telephone and email notice to the Town of Ithaca and IAWWTF, and (b) repair or replace the monitoring station so that it functions properly. The Town of Ithaca and/or IAWWTF will notify the VCHWWTP as soon as practicable whenever the monitoring station is inoperable or providing inaccurate readings. In an emergency situation when VCHWWTP personnel cannot be contacted, the Village of Cayuga Heights hereby grants the Town of Ithaca and IAWWTF and its representatives a non-exclusive license to enter the monitoring station vault on Kline Road for purposes of flow monitoring station access and inspections. 4.4 The Town of Ithaca will use the real-time data referenced in Section 4.1 to determine diverted flow volumes for the purpose of calculating charges to the Village of Cayuga Heights, except as follows: (a) When the Kline Road flow monitoring station is inoperable or provides inaccurate readings over a continuous period of three (3) hours or less (the “Outage Period”), the substitute reading for each missing reading shall be the average of the last reading prior to the Outage Period and the first reading after the Outage Period. (b) When the Kline Road flow monitoring station is inoperable or provides inaccurate readings over a continuous period of more than three (3) hours (a "Gap"), as reported to the parties by their consultant on a quarterly basis, or as shown by consultant’s dashboard data, the quarterly invoice from the Town of Ithaca to the Village of Cayuga Heights will contain a charge for such Gaps that is derived from an analysis of the weather data obtained from the Game Farm Road readings at http://www.nrcc.cornell.edu/wxstation/ithaca/ithaca.html (or similar website) during the times of the Gaps. If the weather data shows that during the 24 hour period before a Gap starts, or at any time during a Gap, there is a) any precipitation, or b) regardless of precipitation the temperature measures at 33 degrees Fahrenheit or above if the Gap occurs during the months of January, February, March, November or December, then a flow through the Kline Road bypass will be assumed that equals the average gallons per minute that have flowed through the Kline Road bypass during the quarterly period for which the invoice is prepared. That average gallons per minute shall be multiplied by the number of minutes in the Gap. Section 5 – Agreement Modification 5.1 This Agreement constitutes the entire Agreement of the parties. It may be amended only by the written consent of all of the parties, with each party executing and 47 Page - 5 acknowledging the document containing the amendment through its duly authorized representative. Section 6 – Notification 6.1 Where notification is required by the terms of this Agreement, it shall be delivered by hand, overnight courier, or mail, during business hours, to the following addresses. Notices are deemed effective upon receipt. For notice to the IAWWTF Owners: Chair, Special Joint Committee Ithaca Area Wastewater Treatment Plant 535 Third St. Ithaca, NY 14850 With copies to: Assistant Superintendent of Public Works City of Ithaca Water & Sewer Division 510 First St. Ithaca, NY 14850 Finance Officer Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Director of Public Works Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Town Engineer Town of Dryden 65 E. Main St. Dryden, NY 13053 48 Page - 6 For notice to the Village of Cayuga Heights: Village Engineer Village of Cayuga Heights 836 Hanshaw Rd. Ithaca, NY 14850 Section 7 – Length of Agreement 7.1 Unless terminated earlier pursuant to this Agreement, this Agreement shall continue in force until December 31, 2030. This Agreement shall automatically terminate if one or both of the following agreements terminate and are not substituted by new agreement(s): the Intermunicipal Wastewater Agreement dated December 31, 2003, or the 2026 Multijurisdictional Pretreatment Agreement between the Village of Cayuga Heights and the IAWWTF Owners. This Agreement may be renewed for additional terms of at least five (5) years each upon the written consent of all the parties. The parties shall review the Exhibit B memo titled “Flow Diversion Pricing Methodology” every five (5) years that this Agreement is in effect to verify the assumptions and projections on which this Agreement is based. The parties agree to use their best efforts to renegotiate the terms of this Agreement if actual experience varies significantly from the assumptions and projections in the Basis for Agreement. Section 8 – Termination and Bypass Closure 8.1 The IAWWTF Owners or the Village of Cayuga Heights may terminate this Agreement with adequate prior notice. Notice from the IAWWTF Owners to the Village of Cayuga Heights must be provided four (4) years in advance to provide the Village of Cayuga Heights time to respond, design, and build alternate facilities. Notice from the Village of Cayuga Heights to the IAWWTF Owners must be provided one (1) year in advance. These periods are based on the assumption that no capital investments are needed at the IAWWTF to meet the terms of this Agreement. Other periods of notice will be acceptable if agreed to by all parties or as may be agreed to should a capital improvement be necessary or desirable. 8.2 However, nothing in this Agreement is intended to result in the IAWWTF violating the terms of its SPDES permit. The IAWWTF Owners may withdraw, in whole or in part, from the terms of this Agreement if withdrawal is necessary to comply with the permit. 8.3 The IAWWTF Owners may send a notice to the Village of Cayuga Heights if the Village is not in compliance with any provision of this Agreement not directly related to quantity of and compensation for flows between the Village of Cayuga Heights and Town of Ithaca or if non-compliance with the Multijurisdictional Pretreatment Agreement in effect at the time is alleged. The Town of Ithaca may send a notice without the involvement or consent of the other two IAWWTF owners, related to the portions of this Agreement dealing solely with the quantity of flow diverted to the Kline Road bypass 49 Page - 7 and the financial compensation pertaining thereto, as described in Exhibit B. If the Village of Cayuga Heights fails to come into compliance within forty-five (45) days of a notice, whether issued by the Town of Ithaca or IAWWTF Owners, the relevant owners or their representatives may enter and close the Kline Road bypass. This agreement can be terminated by IAWWTF Owners after failure to come into compliance during the 45- day compliance period describe above, upon an additional forty-five (45) days’ notice. 50 Page - 8 Section 9 -- Dispute Resolution 9.1 Disputes not directly related to the quantity of, and compensation for, flows between the Village of Cayuga Heights and Town of Ithaca should be referred to the Chief Operators of both plants and their immediate supervisors. If resolution to such disputes cannot be reached by these four individuals, the matter shall be referred in writing to the two boards responsible for plant operations, currently the Village Trustees for VCHWWTP and the Special Joint Committee for the IAWWTF. Disputes related to quantity of, and compensation for, flows between the Village of Cayuga Heights and Town of Ithaca should be referred to the Village Engineer and the Town of Ithaca Director of Public Works and Finance Officer, respectively, for potential resolution or subsequent written referral to the Village Trustees and Ithaca Town Board. Ultimately, the parties may seek whatever recourse is available under the law, but no sooner than ninety (90) days after the matter has been referred to the respective boards in writing. Section 10 – General Items 10.1 Liability Requirements. For purposes of this paragraph, the IAWWTF Owners shall constitute one party, and the Village of Cayuga Heights shall constitute the other party. To the extent permitted by law, each party agrees to fully defend, indemnify and hold harmless the other party and its elected officials, public officers, employees, and agents (the “Indemnitees”) from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused by, resulting from or arising out of the acts or omissions of the indemnifying party, or of the indemnifying party’s elected officials, public officers, employees, and agents, in connection with this Agreement. This responsibility shall not be limited by reason of any insurance coverage the indemnifying party may provide. To the extent the Indemnitees are negligent, a party’s duty to indemnify the Indemnitees shall not extend to the proportion of loss attributable to the Indemnitees’ negligence. Negligence shall include, in addition to negligence founded upon tort, negligence based upon the party’s failure to meet applicable professional standards. Nothing in this section or in this Agreement shall create or give to third parties any claim or right of action against the parties beyond such as may legally exist irrespective of this section or this Agreement. 10.2 Governing Law. This Agreement shall be governed under the laws of the State of New York, without regard to, or the application of, New York State’s choice of law provisions. The parties further agree that the Supreme Court of the State of New York held in and for the County of Tompkins shall be the forum to resolve disputes arising out of either this Agreement or work performed according thereto. The parties waive all 51 Page - 9 other venue or forum selections. The parties may agree between themselves on alternative forums. 10.3 Non-assignment Clause. No party may assign or transfer its rights and interests in this Agreement to another entity without the prior written consent of all of the other parties. Notwithstanding the foregoing, if one or more parties dissolve into, merge with, or wholly annex another party or parties, the party remaining after the dissolution, merger or annexation, or the new merged municipality, as the case may be, shall retain all of the rights and interests in this Agreement that were held by the involved parties immediately prior to the dissolution, merger or annexation. 10.4 Each party represents and warrants that (a) this Agreement has been presented to its governing body; (b) its governing body has approved this Agreement by a majority vote of the full possible voting strength of that governing body; and (c) if required, all steps by way of public hearings and/or referendum or otherwise have been taken by the time of execution of this Agreement. Resolutions of each governing body approving this Agreement are attached to this Agreement as Exhibit F. In Witness hereto, the parties have caused this Agreement to be executed by their duly authorized officers, effective on the day and year aforementioned. [SIGNATURE PAGES FOLLOW] 52 Page - 10 CITY OF ITHACA Dated: _______________________ By: _____________________________ Robert Cantelmo, Mayor City of Ithaca STATE OF NEW YORK ) : ss. COUNTY OF TOMPKINS ) On the ___ day of __________, 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Cantelmo, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same, and that by his/her signature on the instrument, the individual or the person(s) upon behalf of which the individual acted, executed the instrument. ______________________________ Notary Public Dominick Recckio, Acting City Manager Dominick Recckio 53 TOWN OF ITHACA Rod Howe,Supervisor Town of Ithaca Dated:By: STATE OF NEW YORK ) :ss. COUNTY OF TOMPKINS ) i^day ofA^^2ce«A^4^,■2025,before me,the undersigned,a Notary Public in and for said State,personally appeared Rod Howe,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same,and that by his/her signature on the instrument,the individual or the person(s)upon behalf of which the individual acted,executed the instrument.^ On thcTf Notary Public Paulette Rosa NOTARY PUBLIC,STATE OF NEW YORKRegistrationNo.01R06156809 Qualified in Tompkins County Commission Expires December 4,2026 I ■ Page -11 54 STATE OF NEW YORK ) :ss. CO UNTY OF TOMPKINS ) On the /^day of ,2025,before me,the undersigned,a Notary Public in and for said State,personally appeared Jason Leifer,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same,and that by his/her signature on the instrument,the individual or the person(s)upon behalf of which the individual acted,executed the instrument. Notary Public BAMBI L.AVERY NOTARY PUBLIC-STATE OF NEW YORK No.01AV4634073 Qualified in Tompkins County Commission Expires June 30,20^1^ Page -11 55 VILLAGE OF CAYUGA HEIGHTS Dated:Qh By: Linda Woodard,Mayor Village of Cayuga Heights STATE OF NEW YORK ) :ss. COUNTY OF TOMPKINS ) On the I day of ,202 before me,the undersigned,a Notary Public in and for said State,personally appeared Linda Woodard,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same,and that by his/her signature on the instrument,the individual or the person(s)upon behalf of which the individual acted, executed the instrument. ?STATE < /OF NEW YORK \!NOTARY PUBLIC | \Qualified in Tompkins County/&01WA6360384 / Z/^EXP^' 56 Page - 16 EXHIBIT A HISTORICAL OVERVIEW, BASIS FOR DIVERSIONS & ENGINEERING ASSUMPTIONS Overview and Method The Village of Cayuga Heights was originally served by a downtown plant, so much of the Village, as well as portions of the northeast quadrant of the Town of Ithaca, can use gravity and topography to redirect wastewater flows to the IAWWTF plant. Demand exists now for new sewer service in areas of the Village and Town of Lansing, and the Town of Dryden, close to the Village of Cayuga Heights and the Ithaca- Tompkins Regional Airport. When this issue was studied in the early 2000s, additional demand also existed in northern portions of the Town of Lansing such as the Lansing School District complex and homes in the Ladoga Park area, whose individually owned facilities were considered for replacement with connections to municipal treatment facilities. The water quality in Cayuga Lake can be improved by connecting individual properties whose on-site treatment systems are built in areas of high water table or shallow bed rock. In 2005, the VCHWWTP diverted existing wastewater flows from the VCHWWTP to the IAWWTF via the Kline Road bypass to free up capacity in the VCHWWTP. Flows diverted from areas south of the Village’s plant can reach the downtown plant by gravity. The parties intended that this load sharing approach make use of existing treatment capacity at the IAWWTF, relieve existing excess demand at the VCHWWTP, and allow adequate flexibility to meet projected demands over the next twenty (20) years while adjusting for real demands as they develop. While during this timeframe most, if not all, of the municipalities approved a written plant to plant agreement for this permanent flow diversion. Apparently, it was never signed. In 2021, the VCHWWTP determined that the VCHWWTP had the capacity to treat wastewater flows within the Kline Road catchment area of up to 500,000 gallons per day under normal operating conditions. The Village of Cayuga Heights proposed to stop the continuous diversions of flows to the IAWWTF that had been in place since the Kline Road bypass became operational. In order to operate within its treatment capacity, the Village of Cayuga Heights requested to divert wastewater flow rates exceeding 500,000 gallons per day to the IAWWTF based on the terms and conditions agreed to by the parties and to divert flows to the IAWWTF as necessary to remain within their treatment capacity. In 2022, the VCHWWTP determined it was preferable to fully open the Kline Intercept to receive all flows to the VCHWWTP and allow flows that exceed the capacity of the Sunset Road sewer pipe to be diverted to IAWWTF via the Kline Road bypass. 57 Page - 17 Basis for Diversions In the early 2000s, to explore the feasibility of continuous diversions of flows from the Village of Cayuga Heights to the IAWWTF, a series of meetings was held between engineers representing the six communities being served by the two plants. The then-current operation of the two plants, then-current flow contributions by the six communities, and estimates for changes in flows were reviewed. Since then-current and anticipated future flows were still within the existing combined treatment capacity, a more detailed review was made of sub-area flows and topography to consider the feasibility of the proposed solution. The initial implementation appeared simple and the benefits to the VCHWWTP would be immediate. As described above, in 2021 the Village of Cayuga Heights determined that the VCHWWTP had the capacity to treat all flows under normal operating conditions that otherwise would have gone through the Kline Road bypass, except flows exceeding 500,000 gallons/day. The Village of Cayuga Heights modified the bypass infrastructure to limit flows through the bypass in this way, effective August 15, 2021. The bypass infrastructure may also be (and has been) operated to temporarily fully divert to the IAWWTF flows from the Village of Cayuga Heights’ Kline Road interceptor. Exhibit B provides further details about flows through the bypass. Engineering Assumptions The municipalities looked at plant treatment capacity limitations and collection system wastewater flows in terms of volume and time, i.e. gallons per minute (gpm) or million gallons per day (MGD). The age of major portions of the collection system, the makeup of local municipal wastewater (due to the largely residential, professional, and high technology makeup of the communities), and the configuration of both plants made this approach to capacity reasonable. Peaking factors (peak flow/average flow) appeared to be comparable for the plants and the portions of the collection systems for which data was available. Should other wastewater properties that limit a plant’s permitted capacity come into play, e.g. biological treatment, chemical treatment, or solids handling, the parties agree to use their best efforts to amend this Agreement. The preliminary review of plant operations at the IAWWTF did not uncover any disproportionate impacts or costs that would be triggered by receiving the diverted flows. No ratchet effect or sudden increase was anticipated in chemical, electrical, or staffing demands at the plant. This was due to the relative size of the two plants (13.1 MGD and 2.0 MGD) and the actual size of the anticipated flow transfers. Should these items develop at a later date, the parties agree to amend this Agreement. 58 Page - 18 EXHIBIT B FLOW DIVERSION PRICING METHODOLOGY The Parties agree to enable the VCHWWTP to continue to divert flows to IAWWTF at the Kline Road bypass when either (a) flow rates that exceed the capacity of the Sunset Road sewer pipe to take flows to the VCHWWTP are directed to the IAWWTF for wastewater treatment (peak flow shaving), or (b) flows are fully diverted to IAWWTF for brief periods of time (full diversion). The Parties agree that, in the event that flow diverted to the Kline Road bypass exceeds 12 million gallons in any 12-month period during this Agreement, IAWWTF Owners may exercise their option to renegotiate the terms herein. The flows from the portion of the Village of Cayuga Heights served by the Kline Road bypass as shown on Exhibit D will be diverted to IAWWTF during periods of peak flow shaving or full diversion as described above. In accordance with Section 2.2 above, flows diverted by the Village to the Kline Road bypass are to be considered Town of Ithaca flows, and the combined flow of the Village diversion plus Town flows cannot exceed the Town’s allotted capacity at IAWWTF. It is understood by the Parties that proportional costs, if any, incurred by IAWWTF by the diversion of flow from the Village are inherently borne by the Town, by virtue of the existing cost-sharing formula between IAWWTF Owners. Therefore, based on flow monitoring provided by the Village, which is also accessible to the Town online, the Town will bill the Village directly for the treatment of diverted flows at the rate charged by the Village to municipalities that contribute flow to VCHWWTP. See Section 4 of the Agreement for diverted flow measurement provisions, including Section 4.4 (methodologies to calculate diverted flow volumes when the flow monitoring station is inoperable or providing inaccurate readings). The Town will bill the Village on a quarterly basis for flow diverted to the Kline Road bypass, including for amounts determined under Section 4.4, if applicable, and payment will be due within forty-five (45) days of invoice receipt. Bills for matters not directly related to the volume of diverted flow will be issued by IAWWTF Owners, as described herein. 59 Page - 19 Fees for Inoperable/Inaccurately Recording Flow Meter When the Kline Road flow monitoring station is inoperable or provides inaccurate readings over a continuous period of three (3) hours or less, the diverted flow for that period shall be calculated, recorded and charged as set forth in Section 4.4(a). When the Kline Road flow monitoring station is inoperable or provides inaccurate readings over a continuous period of more than three (3) hours and flow diversions occur (or are reasonably expected to be occurring during periods when the Kline Road bypass is open), the diverted flow for that period shall be calculated, recorded and charged as set forth in Section 4.4(b). 60 Page - 20 EXHIBIT C KLINE ROAD BYPASS DRAWING 61 62 63 Page - 21 EXHIBIT D MAP OF VILLAGE OF CAYUGA HEIGHTS PARCELS FROM WHICH FLOWS MAY BE DIVERTED TO THE IAWWTF VIA KLINE ROAD BYPASS 64 1.-1-15 2.-2-2 2.-2-4 2.-2-5 30.-1-1.2 525.-6-1 6.-1-1 6.-1-2.1 7.-1-1 7.-1-2 7.-2-1 8.-1-18.-1-14 8.-2-1 8.-3-1 8.-4-1 9.-1-1 9.-1-2 9.-1-3 9.-1-4 9.-1-5 9.-1-6 9.-1-8 9.-2-1 9.-2-2 9.-2-3 9.-2-4 9.-2-5 9.-4-1 9.-4-2 9.-4-4 9.-7-1 10.-1-1 10.-1-10 10.-1-11 10.-1-12 10.-1-13 10.-1-14 10.-1-15 10.-1-17 10.-1-18 10.-1-19 10.-1-2 10.-1-20 10.-1-21 10.-1-3 10.-1-4 10.-1-5 10.-1-6 10.-1-7 10.-1-8 10.-1-9 10.-2-1 10.-2-10 10.-2-11 10.-2-12 10.-2-13 10.-2-14 10.-2-2 10.-2-3.2 10.-2-3.3 10.-2-4 10.-2-5 10.-2-6.1 10.-2-6.2 10.-2-7 10.-2-8 10.-2-9 10.-3-1 10.-3-10 10.-3-11.1 10.-3-11.21 10.-3-11.22 10.-3-11.3 10.-3-11.41 10.-3-11.42 10.-3-11.5 10.-3-12.1 10.-3-12.2 10.-3-13 10.-3-14 10.-3-15 10.-3-16 10.-3-17.1 10.-3-18 10.-3-19 10.-3-2 10.-3-20 10.-3-21 10.-3-22 10.-3-23 10.-3-3 10.-3-5.1 10.-3-5.21 10.-3-5.22 10.-3-5.4 10.-3-6 10.-3-7 10.-3-8 10.-3-9 10.-4-1.2 10.-4-1.4 10.-4-10.1 10.-4-2 10.-4-3 10.-4-4 10.-4-6.1 10.-4-6.2 10.-4-7.1 10.-4-7.2 10.-4-8 10.-4-9.12 10.-4-9.22 10.-5-1 10.-5-2 10.-5-3 10.-5-4 10.-5-5 10.-6-1 10.-6-10 10.-6-11 10.-6-12 10.-6-13 10.-6-14 10.-6-15 10.-6-2 10.-6-3 10.-6-4 10.-6-5.1 10.-6-5.2 10.-6-6 10.-6-7 10.-6-8 10.-6-9 11.-1-1 11.-1-10 11.-1-11 11.-1-12 11.-1-13 11.-1-2 11.-1-3 11.-1-4 11.-1-5 11.-1-6 11.-1-7 11.-1-8 11.-1-9 11.-2-1 11.-2-10.1 11.-2-10.2 11.-2-10.3 11.-2-11 11.-2-12.2 11.-2-13.2 11.-2-14 11.-2-15 11.-2-16 11.-2-17 11.-2-18 11.-2-19 11.-2-2 11.-2-20 11.-2-21 11.-2-22 11.-2-23.1 11.-2-23.2 11.-2-23.3 11.-2-23.4 11.-2-24 11.-2-25 11.-2-2611.-2-27 11.-2-2811.-2-29 11.-2-3 11.-2-4.1 11.-2-4.10 11.-2-4.11 11.-2-4.12 11.-2-4.2 11.-2-4.3 11.-2-4.4 11.-2-4.5 11.-2-4.611.-2-4.7 11.-2-4.8 11.-2-4.9 11.-2-5 11.-2-6 11.-2-7.12 11.-2-7.13 11.-2-7.14 11.-2-7.15 11.-2-7.16 11.-2-7.17 11.-2-7.18 11.-2-7.19 11.-2-8.1 11.-2-8.2 11.-2-9 11.-3-1 11.-4-1 11.-4-2 11.-5-1 11.-5-2.1 11.-5-2.2 11.-5-311.-6-1 11.-6-2 11.-6-3 11.-6-4 11.-6-5 11.-6-6 11.-6-7 11.-6-8 12.-1-1 12.-1-2 12.-1-3 12.-1-4 12.-1-5.1 12.-1-5.2 12.-1-5.3 12.-1-6 12.-1-7 12.-2-1 12.-2-2 12.-2-3 12.-2-4 12.-2-5 12.-2-6 12.-2-7 12.-3-1 12.-3-10.112.-3-10.2 12.-3-12 12.-3-13 12.-3-2 12.-3-3 12.-3-4 12.-3-5 12.-3-6 12.-3-7 12.-3-8 12.-3-9 12.-4-1 12.-4-10.2 12.-4-10.4 12.-4-11.1 12.-4-11.2 12.-4-2 12.-4-3 12.-4-4 12.-4-5 12.-4-6 12.-4-7 12.-4-812.-4-9 12.-5-1 12.-6-1 13.-1-1 13.-1-2 13.-1-3.2 13.-1-4 13.-1-5 13.-1-6 13.-2-1 13.-2-10 13.-2-11 13.-2-12 13.-2-13 13.-2-14 13.-2-2 13.-2-3 13.-2-4 13.-2-5 13.-2-6 13.-2-7 13.-2-8.2 13.-2-9 13.-3-1 13.-3-2 13.-3-3 13.-3-4 13.-3-5 13.-4-1 13.-4-2 13.-5-1 13.-5-2 13.-5-3 13.-5-4 13.-5-5 13.-6-1 13.-6-2 13.-6-3.2 13.-6-5 13.-6-6 13.-6-7 13.-6-813.-6-9.11 13.-6-9.12 13.-6-9.2 14.-1-1 14.-1-10 14.-1-11 14.-1-12 14.-1-13 14.-1-14 14.-1-1514.-1-2 14.-1-3 14.-1-4 14.-1-5 14.-1-6 14.-1-7 14.-1-8 14.-1-9 14.-2-1 14.-2-10 14.-2-11 14.-2-1214.-2-13 14.-2-14 14.-2-15 14.-2-16.1 14.-2-16.2 14.-2-17 14.-2-18 14.-2-2 14.-2-3 14.-2-4 14.-2-5 14.-2-6 14.-2-7 14.-2-8 14.-2-9 14.-3-1 14.-3-2 14.-3-314.-3-4 14.-4-1 14.-4-2.1 14.-4-2.2 14.-5-1 14.-5-2 14.-5-3 14.-5-4 14.-5-5 14.-5-6 14.-5-7 14.-6-1 14.-6-2 14.-6-3 14.-7-1 14.-7-2 14.-7-3 14.-7-4 14.-7-5 14.-7-614.-7-7 14.-7-8 14.-8-1 14.-8-2 14.-8-3 14.-8-4 15.-1-1.115.-1-1.2 15.-1-2 15.-1-3 15.-2-1 15.-2-2.1 15.-2-2.2 15.-2-3 15.-3-1 15.-4-1 15.-4-10 15.-4-11 15.-4-12 15.-4-14 15.-4-2 15.-4-3 15.-4-4 15.-4-5 15.-4-6 15.-4-7 15.-4-8 15.-4-9 15.-5-1.1 15.-5-1.2 15.-5-1.3 15.-5-2 15.-5-3.1 15.-5-3.2 15.-5-4 15.-6-1.2 15.-6-10 15.-6-2 15.-6-3 15.-6-4 15.-6-5 15.-6-6 15.-6-7 15.-6-8 15.-6-9 15.-7-115.-8-1 15.-8-2 5.-3-15.22 5.-3-15.74 5.-3-15.76 5.-3-15.77 5.-3-15.82 5.-3-16.1 5.-3-16.2 5.-3-17 5.-3-18.1 5.-3-18.2 5.-3-18.3 5.-3-19.2 5.-3-8.115.-3-8.125.-4-105.-4-115.-4-125.-4-135.-4-14 5.-4-15.1 5.-4-15.2 5.-4-16 5.-4-17 5.-4-18 5.-4-19 5.-4-8 5.-4-9 6.-11-10 6.-11-11 6.-11-12 6.-11-4 6.-11-5 6.-11-6 6.-11-7 6.-11-8 6.-11-9 6.-5-1 6.-5-2 6.-5-3 6.-5-4 6.-6-1 6.-6-26.-6-3 6.-7-1 6.-7-2 6.-7-3 6.-7-4 6.-7-56.-7-66.-7-7 6.-7-8.2 6.-8-10 6.-8-3 6.-8-4 6.-8-5 6.-8-6 6.-8-76.-8-8 6.-8-9 7.-1-1 7.-2-10.1 7.-2-10.2 7.-2-11 7.-2-4 7.-2-5.1 7.-2-5.2 7.-2-6.1 7.-2-6.2 7.-2-7 7.-2-8 7.-2-9 7.-3-10 7.-3-11 7.-3-12.1 7.-3-12.2 7.-3-13 7.-3-14 7.-3-15 7.-3-16 7.-3-17 7.-3-18 7.-3-19 7.-3-20 7.-3-21 7.-3-9 7.-4-10 7.-4-11.1 7.-4-11.2 7.-4-11.3 7.-4-5 7.-4-6 7.-4-7 7.-4-8.1 7.-4-8.2 7.-4-9 8.-1-1 8.-1-10 8.-1-11 8.-1-12.1 8.-1-13.2 8.-1-14 8.-1-15 8.-1-16.1 8.-1-16.2 8.-1-17 8.-1-2 8.-1-3 8.-1-4 8.-1-5 8.-1-6 8.-1-7 8.-1-8 8.-1-9 8.-2-1 8.-2-10 8.-2-11 8.-2-12 8.-2-13.1 8.-2-14 8.-2-15 8.-2-16 8.-2-17 8.-2-18 8.-2-19 8.-2-2 8.-2-20 8.-2-21 8.-2-22 8.-2-23 8.-2-3 8.-2-4 8.-2-5 8.-2-6 8.-2-7.1 8.-2-7.2 8.-2-7.3 8.-2-8 8.-3-1 8.-3-10 8.-3-11 8.-3-12 8.-3-2 8.-3-3 8.-3-4 8.-3-5 8.-3-6 8.-3-7 8.-3-8 8.-3-9 9.-1-1 9.-1-2 9.-1-3.1 9.-1-3.2 9.-1-4 9.-1-5 9.-1-6 9.-1-7 9.-1-8 9.-2-1 9.-2-2 9.-2-3 9.-3-1 9.-3-10 9.-3-11 9.-3-2 9.-3-3 9.-3-4 9.-3-5 9.-3-6 9.-3-7.2 9.-3-8 9.-3-9 9.-4-1 9.-4-2 9.-4-3 9.-4-4 9.-4-5 9.-5-1 9.-5-10 9.-5-11 9.-5-2 9.-5-3 9.-5-4 9.-5-5 9.-5-6.1 9.-5-6.2 9.-5-7 9.-5-8 9.-5-9 9.-6-1 9.-6-2 9.-6-3 9.-6-4 9.-6-5 9.-6-6 9.-6-7 9.-7-1 9.-7-2 9.-7-3 9.-7-4 9.-7-5 9.-7-6 9.-7-7 9.-7-8 16.-1-3 16.-1-4 16.-1-5 16.-2-1 16.-2-2 16.-2-3 16.-2-4 16.-2-5 16.-2-6 16.-2-7 16.-2-8 17.-1-1.2 17.-1-4 17.-2-1 17.-2-2 17.-2-3 17.-3-1 17.-3-10 17.-3-11 17.-3-12 17.-3-13 17.-3-14 17.-3-16.1 17.-3-17 17.-3-18.2117.-3-18.22 17.-3-19 17.-3-2 17.-3-20 17.-3-21 17.-3-22 17.-3-23 17.-3-24 17.-3-25.12 17.-3-26 17.-3-27 17.-3-28 17.-3-29 17.-3-3 17.-3-30 17.-3-31 17.-3-32 17.-3-33 17.-3-34 17.-3-35 17.-3-36 17.-3-37 17.-3-4 17.-3-5 17.-3-6.2 17.-3-7 17.-3-8 17.-3-9 17.-4-1 17.-4-10.1 17.-4-10.2 17.-4-11 17.-4-12 17.-4-13 17.-4-14 17.-4-15 17.-4-5 17.-4-6.2 17.-4-7 17.-4-8 17.-4-9.1 18.-1-1.1 18.-1-2 18.-1-3 18.-1-4 18.-1-5 18.-1-7 18.-1-8 18.-2-10 18.-2-2 18.-2-3 18.-2-4 18.-2-5 18.-2-6 18.-2-7.3 18.-5-10 18.-5-12 525.-6-1 18.-5-14 18.-5-15 18.-5-2 18.-5-3 18.-5-5 18.-5-7 18.-5-9 19.-1-6 19.-1-7.2 19.-2-29 67.-1-1.1 67.-1-2.1 68.-1-1.1 68.-1-1.2 68.-1-9 71.-1-10.1 71.-1-10.2 71.-1-10.3 71.-1-11.3 71.-1-11.30 71.-1-11.31 71.-1-11.35 71.-1-11.36 71.-1-11.37 71.-1-11.38 71.-1-11.39 71.-1-11.68 71.-1-11.69 71.-1-6271.-1-63 71.-1-64.11 71.-1-64.1271.-1-64.2 71.-1-65 71.-1-66.1 71.-1-66.2 71.-1-68.1 71.-1-68.271.-1-69 71.-1-9.5 71.-1-9.671.-1-9.71 71.-1-9.8 71.-1-9.9 71.-7-1 71.-7-10 71.-7-11 71.-7-12 71.-7-13 71.-7-14 71.-7-15 71.-7-16 71.-7-17.1 71.-7-17.2 71.-7-19 71.-7-2 71.-7-20 71.-7-3.1 71.-7-3.2 71.-7-3.3 71.-7-4 71.-7-5 71.-7-6.2 71.-7-7 71.-7-8 71.-7-9 LAK E S T KELV I N P L DEARBORN PL LI S A L N JAMESLGIBBSDR NORTHW A Y R D HIG H L A N D A V E HANSHAW RD GARDNER PKWY LAKEVIEW CEMETERY STEWART PARK EXIT WYCKOFFAVE THEPARKWAY CAYUGA PARKRD EASTSHOREDR STEWARTAVE WREMINGTONRD BROOK LN FOREST D R SUNSET DR TRIPHAMMER RD NCAYUGAST JESSUP RD WHITEPARKPL W UPLAND RD NO R T H C R O S S R D OA K H I L L P L STEW A R T P A R K DEVON RD WYCKOFFRD HILLSIDEDR STA T E R O U T E 1 3 STATEROUTE13S COUNTRY CLUB RD SHELDON RD STATEROUTE13N PROGRAM HOUSE DR TRIPHAMMER LN ROAT ST RENWICKDR CAYUGA PARK CIR IROQUOIS RD STEWARTPARKEXITRAMP IROQUOIS PL STEWARTPARKPARKINGLOT CAYUGASTEXT CORSONPL WHITE PARK RD RIDGEWOOD RD KLINE RD STRAWBERRYLN KLINEWOODS RD HASBROUCK CIR EASTSHOREDREXITRAMP PLEASANTGROVERD LOWELLPL STEWARTPARKRD PLEASANTGROVELN CAYUGAHEIGHTSRD PARKWAY PLITHACAHIGHSCHOOLPARKINGLOT RENWICKPL COMSTOCKRD HIGHLAND RD SUNSET PARK RENWICKHEIGHTSRD E UPLAND RD OVERLOOK RD SIENADR MIDWA Y R D OAK HILL RD EASTSHOREDRENTRANCERAMP NSUNSETDR 0 1,000 2,000500 Feet Map prepared by Town of Ithaca Engineering on 1/5/2021 with data from Bolton Point and Tompkins County Geographic Information Services Village of Cayuga Heights parcels discharging to IAWWTP via Town of Ithaca 65 Page - 24 EXHIBIT E UNIFORM PRETREATMENT LAWS FOR IAWWTF 66 Page - 25 EXHIBIT F GOVERNING BODY RESOLUTIONS (to be added) 67 MEETING OF THE ITHACA TOWN BOARD December 8, 2025 TB Resolution 2025 - 148: Approval of and Authorization for Supervisor to Sign the Plant to Plant Agreement and Multijurisdictional Pretreatment Agreement between the City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights relating to Sewer Flows from Cayuga Heights through the Kline Road Bypass. Whereas, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned and operated by the three IAWWTF Owners, treats municipal wastewater originating from the City and Town of Ithaca, as well as portions of the Town of Dryden, pursuant to a Joint Sewer Agreement dated December 31, 2003, as it may be amended; and Whereas, the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), which is owned and operated by the Village of Cayuga Heights, treats municipal wastewater from the Village of Cayuga Heights as well as portions of the Towns of Ithaca, Dryden, Lansing, and the Village of Lansing under the terms of individual agreements with the Village of Cayuga Heights and their respective sewer use laws and ordinances; and Whereas, the four municipalities believe that it is in their best interests to make full use of existing community assets before building new or expanding existing facilities, provided any proposed agreement makes allowance for future demands within those municipalities during the agreement period, and that the costs are distributed in accordance with the benefits received, including avoided costs; and Whereas, because their mission is to serve the aforementioned municipalities, there is a history of cooperation between the owners of the two wastewater treatment plants focused on protecting the environment by cooperating in the treatment of sewage; and Whereas, the municipalities’ Intermunicipal Wastewater Agreement dated December 31, 2003, endorses the concept of the Village of Cayuga Heights’ utilization of excess IAWWTF capacity to leverage the efficient treatment of waste without causing an environmental emergency and/or to comply with DEC point discharge regulations; and Whereas, the IAWWTF Owners must implement and enforce a pretreatment program to control discharges from all IAWWTF industrial users pursuant to requirements set out in 40 CFR Part 403; and Whereas, the Village of Cayuga Heights agrees to adopt a sewer use law that subjects the industrial users within its boundaries, whose wastewater discharges are capable of flowing to the IAWWTF, to the necessary pretreatment controls, and to implement and enforce that sewer use law; now, therefore, be it Resolved, that the Ithaca Town Board authorizes the Supervisor to sign the (A) Plant to Plant Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, and (B) Multijurisdictional Pretreatment Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, subject to approval from the Attorney for the Town, and contingent on approval of both Agreements by the City of Ithaca, Town of Dryden and Village of Cayuga Heights. Moved: Pamela Bleiwas Seconded: Rich DePaolo Vote: ayes – Bleiwas, DePaolo, Howe, Gutenberger and Johnson 68 Page 14 of 20 (1,400.00) A7320.4 Summer Camp - Contractual 1,000.00 A7330.4 Community Recreation - Contract 400.00 A7330.414 Community Recreation - Market (425.00) A2005 Rec - Misc Grants (2,775.00) A7020.101 Recreation Assistant 3,200.00 A7989.402 Community Music (3,285.90) A8745.403 Crispell Dam Engineering 3,285.90 A8745.5 Crispell Dam (153,390.66) Total 153,390.66 Total B Fund From To (38,514.01) B3910 NYSERDA Grant 38,514.01 B3620.2 Code Enforcement Car Purchase 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes IAWWTF Agreements – The plant-to-plant agreement covers charges for waste sent from Cayuga Heights to the main plant. RESOLUTION #217 (2025) – APPROVING PLANT TO PLANT AGREEMENT AND PRE- TREATMENT AGREEMENT RELATING TO IAWWTF Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned and operated by the IAWWTF Owners, treats municipal wastewater originating from the City and Town of Ithaca, as well as portions of the Town of Dryden, pursuant to a Joint Sewer Agreement dated December 31, 2003, as it may be amended; and WHEREAS, the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), which is owned and operated by the Village of Cayuga Heights, treats municipal wastewater from the Village of Cayuga Heights as well as portions of the Towns of Ithaca, Dryden, La nsing, and the Village of Lansing under the terms of individual agreements with the Village of Cayuga Heights and their respective sewer use laws and ordinances; and WHEREAS, the parties believe that it is in their best interests to make full use of existing community assets before building new or expanding existing facilities; and WHEREAS, because their mission is to serve the aforementioned municipalities, there is a history of cooperation between the owners of the two wastewater treatment plants focused on protecting the environment by cooperating in the treatment of sewage; and 69 Page 15 of 20 WHEREAS, the parties’ Intermunicipal Wastewater Agreement dated December 31, 2003, endorses the concept of the Village of Cayuga Heights’ utilization of excess IAWWTF capacity to leverage the efficient treatment of waste without causing an environmental emergency and/or to comply with regulations; and WHEREAS, IAWWTF and the Village of Cayuga Heights have previously entered into “Plant to Plant” Agreements and “Pre-Treatment” Agreements, and new agreements continuing the existing relationship between the parties have been proposed in the forms attached hereto and incorporated herein; and WHEREAS, the overarching history of past agreements and purpose of the proposed agreements is to foster a cooperative framework among the owners of their respective wastewater treatment plants and those who are served; NOW THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes and approves the Town of Dryden’s participation in the agreements referenced above, and authorizes the Town Supervisor to sign all things and take all steps necessary to effectuate the same; and be it further RESOLVED, that this resolution shall take effect immediately. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Award of Contract – Route 13 Pedestrian Bridge – Bids were opened for the pedestrian bridge over Route 13. Bids were similar to last time. If we receive DOT approval, the bridge could be completed in 2026. Resolution #218 (2025) - Route 13 Pedestrian Bridge project for Dryden Rail Trail - Award of Contract Supv Leifer offered the following resolution and asked for its adoption: Whereas: The Town of Dryden solicited bids for Dryden Rail Trail Phase 2 -PIN 395071, the construction of a pedestrian bridge to carry the Dryden Rail Trail over State Route 13 and connect Hall Woods Road to Monkey Run Road, and The deadline for bidding was December 4, 2025 and three bids were opened on that date, and Hurd Development LLC (“Hurd”) was the apparent low bidder, and Hurd’s proposal was evaluated by Erdman Anthony, the Town’s consultant on this project, and found to be responsive to the published criteria and they recommend awarding this contract to Hurd, and The NYS Department of Transportation retains final approval for this contract. Therefore, be it resolved that: 70 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Dominick Recckio, Acting City Manager DATE:August 5, 2026 RE:Update Acting Department Head Compensation Policy ITEM #:7.1 MEMORANDUM Resolution Updating Procedures Governing Compensation for Acting Department Heads- Authorize the City Manager to waive the 30-day waiting period for additional compensation when a deputy department head serves as acting department head during a vacancy, with funding provided from the vacant department head position. ATTACHMENTS: Resolution - Acting Departement Head Compensation for Longer-term Vacancies.pdf BU-2024.02.07 Acting Department Head Reso.pdf 71 Resolution Updating Procedures Governing Compensation for Acting Department Heads WHEREAS, on February 7, 2024, the Common Council passed a resolution that, among other things, adjusted the City’s previously adopted procedures for compensating staff members serving as acting department heads, and WHEREAS, pursuant to said resolution, a deputy department head is entitled to additional compensation only following thirty days of service as an acting department head, while an employee other than a deputy department head appointed to serve as an acting department head is entitled to additional compensation immediately; and WHEREAS, the resolution was intended to recognize that deputy department heads, as an ordinary part of their job duties, are frequently called on to temporarily serve as department heads for short periods of time during which a department head may be temporarily absent (such as for vacation or illness); and WHEREAS, the resolution inadvertently functions to disadvantage deputy department heads serving in acting department head roles on a long-term basis due to a vacancy in the department head position (such as for resignations or retirements) relative to a non-deputy who may be appointed as an acting department head under the same circumstances; and WHEREAS, the Common Council desires to address this discrepancy by authorizing the City Manager to waive the thirty-day period for anticipated long-term vacancies; and WHEREAS, on July 8, 2026, the Common Council directed the City Manager to bring forward a proposal for effectuating this change; now, therefore, be it RESOLVED, that the City Manager, in consultation with the Controller, is authorized to waive the thirty-day period for adjusting the compensation of a deputy department head serving as an acting department head due to a vacancy in the department head position; and be it further RESOLVED, that funding for additional compensation provided for service as an acting department head during a vacancy shall be derived from the budget line housing the vacant department head position; and be it further RESOLVED, that, subject to the addition of the waiver procedure contemplated by this resolution, the provisions of the February 7, 2024 resolution shall otherwise continue to govern as therein provided. 72 Update to Promoted Acting Department Head and Department Head Salaries - Resolution WHEREAS, in 2017, Common Council adopted a resolution to set Promoted Acting Department Head and Department Head Salaries; and WHEREAS, the 2017 resolution did not include a procedure for providing a salary increase to an employee who is acting in a department head role for more than one year; and WHEREAS, there is no limitation to the length of time that an employee can serving in an acting department head role; now, therefore be it RESOLVED, That after acting in the role of a department head for thirty (30) days, a deputy department head shall be assigned to the lowest salary step for the department head position that results in a salary increase for the deputy; and, be it further RESOLVED, That if an employee other than a deputy department head is appointed to serve in an acting department head role, the employee shall immediately be assigned to the lowest salary step for the department head position that results in a salary increase for the employee; and, be it further RESOLVED, That an employee acting as a department head shall be entitled to annual salary step increases for the acting title, but shall remain eligible for any step increases the employee would have otherwise received in the employee's permanent title; provided, however, that if a step increase in the employee's permanent title results in a higher salary than the employee's current acting department head salary, the acting department head salary shall be recalculated as specified above; and, be it further RESOLVED, That employees who are promoted to or within the Managerial Compensation Plan shall be assigned to the lowest salary step that provides at least a ten (10%) percent increase in the employee's base salary, with subsequent step movement occurring annually on the employee's anniversary date in the current job title, until the employee reaches the maximum step, at which time step movement shall cease; and, be it further RESOLVED, That under no circumstances shall a managerial employee earn a salary greater than the maximum step for the employee's position, or the position in which the employee is acting, whichever is higher; and, be it further RESOLVED, That this resolution will have an effective date of January 1, 2024; and, be it further RESOLVED, That this resolution shall supersede the resolution on this topic adopted by the Common Council on May 17, 2017. 73 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Controller's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:City Controller, Carissa Ralbovsky DATE:August 5, 2026 RE:Update: Purchasing Policy ITEM #:7.2 MEMORANDUM Resolution Approving Update to City of Ithaca Purchasing Procedures ATTACHMENTS: 2026 Purchasing Policy Resolution.pdf 2026 Purchasing Policy Update Memo.pdf 2026 Purchasing Policy Manual - Aug Update (1) (1).pdf RedLine- 2026 Purchasing Policy Manual - Aug Update.pdf 74 ResoluƟon Approving Update to City of Ithaca Purchasing Procedures WHEREAS, the City of Ithaca Purchasing Policy & Procedure Manual (“Manual”) was last amended in September 2025, and WHEREAS, General Municipal Law 104-b requires the City to designate a current oﬃcial with purchasing responsibili es; now, therefore, be it RESOLVED, that Common Council hereby approves the updates to the Manual reﬂected in the document accompanying this resolu on, which shall be eﬀec ve August 5, 2026, and be it further RESOLVED, that the Controller’s Oﬃce shall review the Manual annually for poten al amendments, and that all future amendments to the Policy must be reviewed and approved by Common Council. 75 OFFICE OF THE CONTROLLER Carissa Ralbovsky Controller www.cityofithacany.gov City of Ithaca 108 E. Green Street | Ithaca, NY 14850 | controller@cityoﬁthaca.org | 607.274.6576 Date: July 30, 2026 To: Common Council From: Controller’s Office RE: Minor Update to City Purchasing Policy Manual EXECUTIVE SUMMARY The Purchasing Policy Manual governs purchasing policies and procedures for City departments. General Municipal Law 104-b requires the identification of the individual(s) responsible for purchasing and their respective titles. Since the Manual’s last update in September 2025, Controller Carissa Ralbovsky has joined the City and needs to be added to the Manual as an authorized purchaser. The proposed revised document accompanying this memorandum makes that change on page 6, and additionally corrects a scrivener’s error on page 5 which incorrectly listed the credit card purchasing limit as $100 rather than $1000. BUDGET IMPLICATIONS & FUNDING None. POLICY ALIGNMENT STATEMENT This is a routine administrative item and is not anticipated to have a significant policy impact. NEXT STEPS This amendment is not intended to supplant the regular review of the purchasing policy. Should Council choose to adopt the proposed revisions, there will still be opportunities for substantive amendments following the Controller’s Office’s annual review of the manual. 76 CITY OF ITHACA PURCHASING POLICY & PROCEDURE MANUAL 77 Page | 2 SUBJECT: City of Ithaca Purchasing Policy Effective: Revised: January 7, 1976 April 1981 December 1993 April 1998 December 2011 April 2018 January 2024 September 2025 August 2026 PROCUREMENT POLICY FOR THE CITY OF ITHACA Public purchasing has two central purposes; protection of public financial resources by obtaining the best work, service or product for the lowest possible price, and the prevention of favoritism, improvidence, fraud and corruption in awarding public contracts to the lowest responsible bidder. The City needs to foster competition, assure the prudent and economical use of public moneys, and adhere to Sections 103 and 104 of the General Municipal Law. This Purchasing Policy and Procedure manual is intended for use as a guide to City purchasing methods. When used with good judgment and common sense, this manual will enable the City to obtain the needed goods and services efficiently and economically. City employees involved in the purchasing process should be familiar with, and shall adhere to, the policies and procedures set forth in this manual. The cooperation of all employees is essential if the City is to obtain the maximum value for each tax dollar spent. While this manual does not answer all questions related to purchasing, it does provide the foundation for a sound purchasing system. The material in the manual is subject to revision to meet the often rapidly changing developments encountered in the field of purchasing. When changes become necessary, the information concerning these changes will be sent to all City departments. The City of Ithaca Common Council shall annually review these policies and procedures. This manual is effective immediately upon Common Council approval, and supersedes all previous purchasing instructions or directives. 78 Page | 3 Table of Contents Purchasing Responsibility .......................................................................................................... 6 Ethics of Purchasing ................................................................................................................... 7 General Purchasing Standards, Definitions and Policies ......................................................... 8 Major Roles and Responsibilities ........................................................................................ 8 Tax Exempt Status .............................................................................................................. 8 Purchase Review ............................................................................................................ 8 - 9 Authorized Limits and Control .......................................................................................... 10 - 11 City of Ithaca Bidding Procedures ..................................................................................... 12 - 14 General Procedures ........................................................................................................... 14 Standardization ................................................................................................................... 14 Exceptions to Bidding Procedures ........................................................................................... 15 Emergency Expenditure/Emergency Capital Project ........................................... 15-16 Mandated Sources ...................................................................................................... 16 Sole Source .................................................................................................................. 16 State/County Contracts ............................................................................................... 16 Piggybacking ................................................................................................................ 16 Leases .......................................................................................................................... 16 Cooperative Purchasing Contracts ............................................................................. 17 Professional Services ............................................................................................ 17 - 18 Request for Proposal Procedure ........................................................................................ 18 - 20 Federal Purchasing Regulations ............................................................................................... 21 Current Purchasing Procedures .......................................................................................... 22-25 General Procedures ........................................................................................................... 22 Purchase Orders .......................................................................................................... 23 How to Use the Purchase Order ................................................................................. 23 Procurement Delivery/Payment Process ................................................................... 24 Voucher Procedure ..................................................................................................... 25 Contracts ...................................................................................................................................... 26 Contract Procedure ............................................................................................................ 26 Why a Contract is Necessary ....................................................................................... 26 Developing a Contract ......................................................................................... 26 - 27 Contract Approval Policy ................................................................................................... 27 Miscellaneous Provisions New York State Contracts ........................................................................................ 28 Property Records ...................................................................................................... 28 Conflict of Interest .................................................................................................... 28 Federally Funded Purchasing Conflict of Interest .............................................. 28-29 Minority and Women Owned Business .................................................................. 29 79 Page | 4 Exceptions to General Purchasing Standards .......................................................... 29 Employee Fraud ........................................................................................................ 29 Buy Local Policy ........................................................................................................ 30 Environmentally Preferred Purchasing .............................................................. 30 - 35 Sweatshop-Free Procurement .......................................................................... 35 - 36 Cooperative Purchasing ............................................................................................ 36 Authorized Equipment List Policy ............................................................................ 37 Sale of Surplus Public Equipment Policy ................................................................. 37 Wicks Law .................................................................................................................. 37 Employee Travel ................................................................................................. 37-38 Credit Card Policy 38-39 80 Page | 5 PURCHASING POLICY – QUICK REFERENCE SHEET PLEASE NOTE: THIS IS A SUMMARY AND IS NOT A COMPLETE LIST OF PURCHASING POLICIES COMMODITIES AND SERVICES: Payment $2,000 and up Procurement $0-$1,999; $2,000-$4,999: $5,000-$19,999: You do not need a PO (PO can be used if vendor requires). You can purchase items under $1000 with a Credit Card. PO, or other documentation required by the Controller, must be submitted in order for payment to be made No quotes needed Three (3) Verbal Quotes Three (3) Written Quotes Competitive Bidding Procedure TYPES OF REQUISITIONS: Request for Bid (RFB): Used to requisition item(s) to be bid on. The award is based solely on price (or best value). An RFB is the default procurement method for any purchase over $20,000. All other procurement methods must fall under an authorized exception. Request for Proposal (RFP): Used to requisition services that requires multiple factors to be considered in the award. This is a formal negotiation - price is not the only deciding factor. The deciding factors must be identified in the RFP and a committee ranks each proposal based on these factors. PUBLIC WORKS CONTRACTS: Under $5,000: Can be awarded at the discretion of the City Controller and a representative from the applicable City Department $5,000-$34,999.99: Three (3) Formal Written Quotes $35,000 and up: Competitive Sealed Bid EXCEPTIONS: •Certain professional services •Reimbursement of petty cash funds •Utility bills •Interdepartmental charges •Medical examinations •Legal notices •Postage meter and stamp costs •Items on state bid, OGS contract, cooperative purchasing agreement, or piggyback •Emergency Purchases 81 Page | 6 PURCHASING RESPONSIBILITY The City of Ithaca Controller’s Office is hereby authorized to make all purchases of necessary goods and services by any means legal within the State of New York and within all applicable rules and regulations and in the best interest of the taxpayers of the City of Ithaca. In keeping with General Municipal Law 104-b, which requires the identification of the individual or individuals responsible for purchasing and their respective titles, the following individual(s), name(s) and title(s), are responsible for purchasing for City of Ithaca: Carissa Ralbovsky, City Controller Wendy Cole, Deputy City Controller 82 Page | 7 ETHICS OF PURCHASING In order to eliminate any suspicion of wrongdoing or unfairness of conflicts of interest prior to any purchase of materials, goods or supplies, the City Controller shall: 1.Consider the interest of the City in the betterment of its government. 2.Endeavor to obtain the greatest value for every dollar expended. 3.Be receptive to advice and suggestions from employees, insofar as such advice and suggestions are not in conflict with legal or moral restrictions in purchasing procedures. 4.Strive for knowledge of municipal equipment and supplies in order to recommend items that may either reduce cost or increase municipal efficiency. 5.Insist on and expect honesty in sales representation whether offered verbally or in writing, through advertising or by providing samples of a product. 6.Give all responsible bidders equal consideration and the assurance of unbiased judgment in determining whether their products meet specifications. 7.Discourage the offer of, and decline any and all gifts which in any way might influence the purchase of municipal equipment and supplies. 8.Accord a prompt and courteous reception, insofar as conditions permit, to all who call on legitimate business missions and cooperate with governmental and trade associations in the promotion and development of sound business methods in purchasing the City equipment and supplies. 9.Govern by the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and inspire the confidence of the organization and the public being served. 83 Page | 8 GENERAL PURCHASING STANDARDS, DEFINITIONS AND POLICIES The City Controller’s Office (or designee) shall be responsible for developing and administering a centralized purchasing system and procedure to make provisions for all purchases, sale, lease, rental and servicing of materials, supplies, equipment and services for all City departments and agencies of City government pursuant to and in compliance with all the applicable provisions of laws and regulations. MAJOR ROLES AND RESPONSIBILITIES The City of Ithaca does not have a separate Purchasing Division or Department, but instead utilizes a decentralized purchasing system. As such, the ultimate responsibility and provider of oversight to the entire purchasing system is the Controller’s Office. Due to the decentralization of the purchasing system, each department is tasked with partial purchasing responsibility in which these responsibilities will be clearly highlighted throughout the policy. City Controller and Office - The Controller’s Office provides oversight, control, and the overall administration of the decentralized purchasing system. The Controller’s office is responsible for handling the Competitive Bidding process. Department Heads – Each department is responsible for initiating purchases, monitoring the delivery of purchases, and providing notifications of amendments of the purchase, etc. Department Heads are to ensure that designated purchasing employees fully comply with the purchasing policy. Designated Purchasing Employees - Employees involved in their department’s procurement process are to understand the purchasing procedures and to refer to this manual for reference of appropriate procedures to be used in the right situation. Attorney - The City Attorney provides legal approval for written contracts when contractual work or purchases are required and ensures that the correct legal procedures are used. Vendor or Supplier - The vendor or supplier is the second party willing to supply a service or commodity to the City of Ithaca for the agreed upon price and stipulations. TAX EXEMPT STATUS As a municipality, the City of Ithaca is exempt from all State of New York sales taxes and some Federal Excise Taxes. If a vendor requests proof of tax exemption, the Controller’s Office can provide documentation to the vendor. PURCHASE REVIEW Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. The definitions of a Purchase Contract and a Public Works Contract are as follows: 84 Page | 9 A.Purchase Contract - Involves the acquisition of commodities, materials, supplies or equipment. B.Public Works Contract – Involves the purchase of labor, construction and/or services related to construction. When a contract involves both elements of a purchase contract and a public work contract, it must be reviewed to determine which type of contract it is. As a general rule, if the contract involves a substantial amount of services such that it is the focal point, and the acquisition of goods is incidental, it will be considered a contract for public work. Conversely, if services or labor are only minimal or incidental to the acquisition of goods, it will be considered a purchase contract. Once that determination is made, a good-faith effort will be made to determine whether it is known, or can be reasonably expected, that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law: purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; sole source purchases; goods purchased from correctional institutions; purchases from agencies for the blind and disabled; purchases under State and County contracts; leases; and second-hand purchases from another government entity. The City shall purchase materials, supplies, equipment and services as required, at the best possible and reasonable price, and maintain the appropriate documentation for the purchase as follows: A.Purchases will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that goods and services will be purchased at the lowest reasonable price, and that favoritism will be avoided. B.Proper written documentation (acceptable to the Controller’s Office) by the individual making the purchase will be required whenever a contract is awarded to other than the lowest responsible vendor. This documentation will include an explanation of how the award will achieve savings, is an environmentally preferable alternative, or how the vendor was not responsible. 85 Page | 10 AUTHORIZED LIMITS AND CONTROL Annually, the authorized limits for purchasing transactions shall be reviewed, evaluated and adjusted to more accurately reflect the market pricing, inflation, processing expenses, applicable laws, and the City’s utilization experience. The following authorized dollar limits are effective September 3, 2025. These limits are applicable per total purchase transaction, provide for departmental delegation and discretion, and require documentation as specified: Type of Contract Transaction Dollar Limit Process Public Works All Other Contract Contracts $1 – 1,999 $ 1 – 1,999 Vendor selected by Department and processed for payment on a claims voucher. Selection of vendor based on lowest price is encouraged. Purchase order not required, but may be necessary for certain vendors. $2000 – 4,999 $ 2,000 – 4,999 At Department’s discretion; either the Department or Controller’s Office obtains three (3) quotes (if available; unavailability must be documented). For Public Works contracts, quotes may be verbal, all other contracts require written quotes. Recommend low quote be written and documentation for any exceptions needs to be included. A purchase order issued by the Controller’s Office is required. $ 5,000 – 34,999 $5,000 – 19,999 Department or Controller’s Office obtains written quotations from at least three (3) separate vendors (if available; unavailability must be documented and approved by the Controller). All quotes must be in writing. Lowest quote should be selected; if not, documentation must be provided and approved by Controller’s Office, in consultation with the Attorney’s Office. 86 Page | 11 Type of Contract Transaction Dollar Limit Process Public Works All Other Contract Contracts $35,000 and above $20,000 and above Department and/or Controller’s Office prepares and completes written specification. Controller’s Office advertises for competitive sealed bids in conformance with General Municipal Law, Section 103. Bids opened publicly in conformance with General Municipal law, Section 103. Lowest responsible bidder meeting bid specifications will be selected. A bid file will be established and retained by the Controller’s Office. If lowest responsible bidder is not selected, reasons must be documented and approved by the Controller’s Office in consultation with the Attorney’s Office. Contract or purchase order issued following approvals pursuant to the appropriate purchase order and/or contract procedures, described in more detail below. 87 Page | 12 CITY OF ITHACA BIDDING PROCEDURES General Municipal Law Section 103 requires that any purchase of like or similar items in excess of $20,000 aggregate be submitted for public competitive bid. Likewise, any public works project requiring materials and labor in excess of $35,000 is required to be put out for public competitive bids. The law also states that if Local Laws are more stringent than State Laws then the Local Law shall be adhered to. The strictest law shall be used. The City Controller’s Office or designee shall be responsible for all required public advertising and competitive bidding; shall conduct all bid solicitations and openings; and secure the recommendations for awarding contracts from the appropriate official. Opportunity shall be provided to all responsible suppliers to do business with the City. To this end, the City Controller’s Office or designee shall develop and maintain lists of potential suppliers (bidders list) for various types of materials, supplies, equipment, and services. Lists shall include and highlight all environmentally responsible suppliers. Such lists shall be used to develop mailing lists of potential suppliers and for distribution of specifications, drawings, and invitations to bid. Any supplier may be included on the list upon request. When soliciting bids, a statement of “Information to Bidders” shall be included with all specifications submitted to suppliers. The information to bidders shall be incorporated in all contracts awarded for the purchase of materials, supplies, equipment, and services. The statement shall assist bidders with general information included in the bid. All contracts which require public advertising and competitive bidding shall be awarded as provided by State law and consistent with policies and procedures of the City attached hereafter. Recommendation for awarding contracts shall be submitted by the appropriate official. A.Specifications shall be developed to a minimum standard, which will allow greater participation by vendors in the sealed bid process. Specifications that are too precise and do not allow for competition are not in keeping with the intent of General Municipal Law Section 103 and may result in lawsuits against the City. B.Brand names can be used in bid specification. If the Controller’s Office is supplied with a brand name, the buyers will generally specify “brand name or equal” on the bid. A brand name gives the parties involved an idea of what type and quality of product is required. In many cases, several distributors can supply a given brand. The most important features or requirements must be addressed, since no two brands are identical. In all aspects, describe which aspects are needed for any product offered to be equivalent. Make it clear at the outset what would be considered “equivalent”. C.The issuance of plans and specifications and other bid documents, and the receiving of mailing fees, deposits, bid bonds, or certified check, and contract bonds will be handled by the Controller’s Office generally, and/or the appropriate City officials, when required by law. Bid documents can also be obtained on the City’s website at www.cityofithaca.org/bids - the documents can be downloaded for free. Deposits on plans and specifications for bids (when a deposit is required) – The City 88 Page | 13 must refund entire bid deposit with return of plans and specifications in good condition within 30 days from unsuccessful bidder. If unsuccessful bidder picks up more than one set of plans, then we are to return deposit less cost of reproducing the additional sets. If nonbidder returns sets, no matter how many sets, we are to return the deposit less cost of reproduction. D.Performance bonds shall be required when bidding capital improvement or public works projects. Bidders are required to submit their performance bonds before, or at the time that they sign a contract. This bond will ensure that the bidder performs their duties as agreed upon between the date of the award and the set date of completion of the contract. E.Prevailing wages (obtained by the Controller’s Office) consist of pay scales that have been bargained for by the various unions through the State and are set by the New York State Department of Labor. Vendors must pay these rates to those employees who work on public works projects in any municipal facility. There is no dollar threshold where these wages do not apply. In having vendors submit quotes, it is extremely important to make sure that they understand that prevailing wages apply for any public works project, regardless of the cost of the contract. In addition, for projects that are Federally funded, wage rates in compliance with the Davis-Bacon Act must be followed. F.The Controller’s Office shall prepare and place the bid advertisement for the receipt of bids in the City’s official newspaper on such a purchase contract or a public works contract after authorization to proceed by the appropriate City officials. At least five days shall elapse between the first publication of such advertisement and the date specified for the opening of the bids. Advertisement shall contain a statement of the bid time and place. As a general rule, use three weeks as the time between the bid advertisement and the bid opening. G.An addendum will be issued to clarify the bid requirements and/or the bid specifications. When a discrepancy, ambiguity or omission is revealed, an addendum will be issued to clarify the bid requirements. The addendum is sent by fax, email or mail to all vendors that received the bid. The Controller’s Office will make every effort to ensure that the appropriate vendors receive addenda. The addendum procedure can also be used to extend the bid date to give the vendors/contractors sufficient time to submit a responsible bid. H.The City Controller’s Office (or designee) shall open all bids and read them publicly at the advertised time during regular business hours at City Hall, 108 East Green Street, Ithaca, New York, or through a publicly available electronic meeting. I.The Controller’s Office and/or appropriate City officials shall review bid documents to determine the lowest responsible bidder meeting the specifications so that a recommendation for an award can be made at the next regular meeting date or 89 Page | 14 special meeting with power to act of a particular board or the Common Council, if board or Common Council approval is required. J.When an award is made by the appropriate authority, the Controller’s Office and/or applicable department shall arrange for the execution of the contract documents by the contractor, City Manager and any other applicable City Officials. K.Award will be made to the lowest responsible bidder. The term “responsible” means: financially responsible; accountable; reliable; sufficient resources; skill; judgment; integrity; responsive; and moral worth. In deliberating the responsibility of a bidder, contractor or a sub-contractor, all contracting agencies shall give due consideration to any credible evidence or reliable information regarding the guidelines set forth in Chapter 39 of the City Code. STANDARDIZATION Section 103 of the General Municipal Law makes it possible for the City to standardize on a particular type of material or equipment. In order to standardize a product, the Department head should submit a resolution request explaining the need for standardization and the efficiencies it will create for the City. The resolution, if approved by Common Council, shall state that for reasons of efficiency or economy there is a need for standardization. The resolution shall contain a full explanation supporting such action. Approval of a standardization resolution requires that three fifths of the entire membership of Common Council vote in the affirmative on the resolution. The adoption of such a resolution does not eliminate the necessity for conformance to the competitive bidding requirements. Standardization, as the word implies, restricts a purchase to a specific model or type of equipment or supply. An example of standardization would be the limiting a purchase of trucks to a particular make or model on the basis of past performance and/or future plans. 90 Page | 15 EXCEPTIONS TO BIDDING PROCEDURES Pursuant to General Municipal Law, Section 104-b(2)(f), the procurement policy may contain types of procurement for which, or circumstances when, at the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the City. The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the purchase. This documentation may include: written or verbal quotes from vendors; a memo from the purchaser indicating how the decision was reached; a copy of the contract indicating the source which makes the item or service exempt; a memo from the purchaser detailing the circumstances which led to an emergency purchase; or any other written documentation which is appropriate. In the following circumstances, it may not be in the best interests of the City of Ithaca to solicit quotations, or document the basis for not accepting the lowest bid: EMERGENCY EXPENDITURE/CAPITAL PROJECT PROCEDURE An exception to the required competitive bidding requirements exists for emergency situations. Three basic statutory criteria must be met in order for a procurement to fall within the emergency exception: (1) the situation arises out of an accident or unforeseen occurrence or condition; (2) public buildings, public property, or the life, health, safety, or property of the City are affected; and (3) the situation requires immediate action, which cannot await competitive bidding. The department head, in conjunction with the City Controller’s Office or designee, must review the circumstances of the capital expenditure and determine that the situation is an emergency as defined previously. If a public emergency is declared as provided by federal, state, or local law, then the competitive bidding requirements will be waived, but the following procedures must occur to assure that purchases are made at the lowest reasonable costs practicable under the circumstances: 1. The informal solicitation of verbal quotes by at least three (3) qualified contractors/vendors, or as many as practicable, followed up by a written quotation. 2. Department head and staff make recommendations of award of contractor to the City Controller’s Office or designee. If the lowest quote was not selected, reasons for such must be documented. 3. Award of contract, based upon recommendations by staff, department 91 Page | 16 head, and purchasing agent, should be made by the appropriate authority. 4.A contract, with an amount not to exceed, must be entered into between the contractor and the City. 5.Any change orders to the contract must be properly reviewed and approved by the appropriate City personnel. MANDATED SOURCES Sources include the Department of Correction, Industries for the Blind of New York State, and the N.Y.S. Industries for the Disabled. SOLE SOURCE When there is only one possible source from which to procure goods and/or services, thus indicating there is no possibility of competition, the following will be shown: 1.Unique benefits of item needed; 2.No other product/service can compare; 3.Cost is reasonable as compared to product offered; 4.There is no competition available. If a department wishes to make a sole source procurement, the department head must submit a letter with the procurement request explaining the reason for the sole source procurement. All sole source procurements must be approved by the City Controller and City Attorney. STATE/COUNTY CONTRACTS The City can purchase (and, in fact, is encouraged) from New York State Contracts. The contract must have the applicable P#. The City can purchase from County contracts if the County has passed appropriate resolution stating availability to local municipalities. PIGGYBACKING Effective August 1, 2012, a new subdivision 16 was added to General Municipal Law (GML) § 103 to authorize political subdivisions and districts therein to purchase apparatus, materials, equipment and supplies, and to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district therein. The contract must be made available for use by other governmental entities. LEASES Prices will be negotiated between the City of Ithaca and the lessor. Certain leases must comply with Section 109-b of the General Municipal Law. 92 Page | 17 COOPERATIVE PURCHASING General Municipal Law §103 authorizes the City to purchase apparatus, materials, equipment and supplies, including vehicles, and to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district therein so long as the contract is let in a manner that constitutes competitive bidding consistent with state law; also known as Cooperative Purchasing. The City is allowed to enter into purchasing cooperatives agreements with other governmental entities or political subdivisions, where there is no fee to the City to become a member, and where the cooperatives and their underlying bidding procedures meet the requirements of General Municipal Law §103 PROFESSIONAL SERVICES Generally, professional services involve specialized expertise, use of professional judgment and/or a high degree of creativity. The individual or company must be chosen based on accountability, reliability, integrity, and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price, and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures. In addition, although it has been held that the exception may apply, in proper circumstances, to contract with a corporation. In these instances the services generally are to be performed by particular designated individuals. Finally, the courts have noted that professional service contracts often involve a relationship of personal trust and confidence. Among the services which have been held to be exempt from competitive bidding under this exception include, but are not limited to, the following: physicians, psychiatrists, psychologists, pharmacists, engineers, surveyors, accounting firms, attorneys, architects, and individuals who supply a service that requires specific training to perform a task that is unique and not readily available from most sources. Negotiations for all services which are determined to not fall under the RFP process shall be determined by the City Attorney and City Controller. In determining whether a service fits into this category, the appropriate City official shall take into consideration the following guidelines: (a) whether the services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to the performance of the services; and (c) whether the services require a personal relationship between the individual and municipal officials. Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; Bonding Attorney services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs, or services involved in substantial modification and 93 Page | 18 customizing of pre-packaged software. Other professional services related to specified projects or contracts will be examined on an individual case basis and require approval of the City Controller, in consultation with the City Attorney. The City will solicit proposals for professional services as needed using a Request for Proposal. REQUEST FOR PROPOSAL PROCEDURE A more detailed version of a formal quote, which is usually used when contracting for a professional service, or other service requiring individualized assessment, is a Request For Proposal (RFP). A standardized RFP Template is available in the Q drive or from the City Attorney’s Office. The City Controller, in consultation with the City Attorney, may authorize a variance from the Request for Proposal Procedure or authorize an alternate purchasing method where strict adherence to the outlined procedure would be both impracticable and contrary to the City’s best interests. An RFP should include the following: 1.A work statement or performance specification detailing what is required. 2.Evaluation criteria by which proposals will be judged. Frequently the criteria are divided into three main categories: a.Managerial capability b.Technical acceptability c.Approach in meeting performance requirements and reasonableness of price. 3.Once criteria have been determined, the amount of weight each element will carry should be determined. This weight information can be included in the RFP document or the criteria can be presented from most important to least important. (Optional) 4.Time frames within which the work is to be completed. Proposals are typically judged on the vendor’s ability to do the work specified and in the time frame specified and based on their experience, personnel and past performance. After determining which vendors meet these criteria, price is then considered. The three most common ways to award a RFP are as follows: 1.Award to the most responsive vendor and negotiate price. 2.Select two or three of the most responsive proposals and request sealed bid pricing for the proposals and award to the vendor submitting the lowest price. 3.Award to any firm the City determines can satisfactorily perform the job. 94 Page | 19 Transaction Dollar Limit Process $0 - $4,999 Informal – Follow procurement rules in Quick Reference Sheet $5,000 - $19,999 Informal – Department and/or Purchasing issue a letter to at least five (5) suppliers describing your requirements and the selection criteria. Evaluate the proposals, document your decision and award a contract. Keep the process as simple as possible. Award letter and RFP tabulation schedule should be sent to all participating vendors. $20,000 and Greater Formal – Department and/or Purchasing should issue a formal RFP to suppliers. Advertise locally in the City’s official newspaper. Allow at least five (5) days for vendor response to RFP. A three-week time frame is best. If RFP is above $100,000, should also advertise on the State level (NY Times, NYS Contract Reporter, etc.) An evaluation committee must be established to review proposals. Award recommendation must go to Common Council for approval, unless the budget has already been approved by Common Council, then award by Common Council is optional. Award letter and resolution must go to vendor. RFP tabulation schedule must be sent to all participating vendors. Selecting a Winning Proposal: When selecting a winning proposal, the following criteria should be used: 1.The supplier fully understands the needs and problems of the organization; 2.The supplier knows how to satisfy the needs or solve the problems, and offers a suitable plan; 3.The supplier is well qualified by virtue of experience and resources, including personnel, to carry out the proposed plan; 4.The price asked is reasonable and is within the project’s budget. Price can be negotiated. Protest Procedure for Request for Proposals 1.Changes to RFP will be made by addendum. This addendum shall be mailed so as 95 Page | 20 to be received by potential bidder no less than five (5) days before the proposal due date. 2.Requests for clarification, changes, or protests of the Request For Proposal must be received by the City in writing not less than ten (10) days before the proposal due date. 3.Any approved clarifications, changes, or protests to the RFP shall be sent to all proposers. 4.The City’s replies to requests under #2 above will be sent at least seven (7) days before the proposal due date. 5.A proposer desiring to protest an award of RFP or any portion of the RFP Procedureshall: A.File a protest in writing to the City of Ithaca Project Manager for this procurement, stating the nature and basis of protest. This protest may cover pre-award, award and post-award phases of procurement, but must be filed no later than thirty (30) days from the date of the City of Ithaca awarding notice. B.Following the receipt of the written protest, the applicable Department Head or designee, Controller’s Office designee and project manager for the procurement shall meet with the aggrieved proposer(s) within five (5) days of receipt of protest, and attempt to resolve the problem. C.If this meeting is unsuccessful in resolving the protest, the matter shall be sent to the City Attorney for resolution. D.If the matter is still unresolved, the protest will be sent to the applicable City Board, Commission or Council for decision. The decision of the applicable Board is final. E.The formal record of the dispute resolution process shall be the minutes of the Board, Committee or Council meeting. 96 Page | 21 FEDERAL PURCHASING REGULATIONS Any purchases to be made using State or Federal funding must be completed and monitored according to the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Award (2CFR 200). A link to the CFR can be found below: https://www.govinfo.gov/app/details/CFR-2025-title2-vol1/CFR-2025-title2-vol1- part200 All Federal Grant usage within the City of Ithaca is subject to these policies and procedures due to the fact that the City of Ithaca exceeds the annual threshold for this requirement. For the purchasing of goods and services using Federal funding, all City of Ithaca Purchasing Policies and Procedures are to be followed. In addition, the following procedures must be followed: 1. Vendors must be vetted using the U.S. Federal Government’s System for Award Management (SAM) before the purchase and/or contract is completed. Vendors must be run through this system before each purchase to ensure that they are not suspended or debarred from federally funded transactions. If a department is going to make a purchase using Federal funding, they must notify the Controller’s Office and request a vendor check before the purchase is made. All vendors will be required to register on the SAM website. The SAM website may be accessed at https://sam.gov/assistance-listings 2. Bonding Requirements (when required to comply with 2 CFR Section 200.326) for work performed are as follows: a. Bid Bond 5% of total bid b. Performance Bond 100% of total bid c. Payment Bond 100% of total bid It is the responsibility of the requesting Department Head to ensure that all Federal Purchasing Regulations are followed for the purchase and the monitoring of contractor performance as a result of that purchase. 97 Page | 22 CURRENT PURCHASING PROCEDURES GENERAL PROCEDURES A. With the exception of those purchases made under blanket purchase orders and/or emergency purchases (as provided above) or emergency situations (those requiring immediate action), only the person designated by the City Manager and the Common Council as Purchasing Agent (or designee) may commit the City for a purchase. B. The material, equipment, supplies and/or services to be purchased shall be of the quality and in the quantity required to serve the function in a satisfactory manner, as determined by the requisitioner and the Controller’s Office (or designee). 1. When purchasing, the City must consider the following factors in determining the vendor to be selected: 1. Price 2. Quality (durability of goods and equipment) 3. Benefits vs costs 4. Contracting out or in-house work 5. Lease or buy 6. Buying goods that save and /or enhance our environment 7. Buying energy-efficient items 8. Maintenance costs and down time It is the responsibility of the requisitioner to provide an adequate description of items needed so that the Controller’s Office (or designee) may be able to prepare the specifications to procure the desired commodity and/or service. The requisitioner will assist the Controller’s Office (or designee) in the preparation of specifications. Standard supply lists of commonly used items shall be jointly developed for all categories or groups of supplies by the Controller’s Office (or designee) and the appropriate requisitioners. These lists shall be used as a basis for requisitioning. A. It is the responsibility of the Controller’s Office (or designee) to make alternative suggestions to the requisitioner if, in the judgement of the Controller’s Office (or designee), the specifications would restrict competition or otherwise preclude the most economical purchase of the required items. In the case of disagreement as to the content of the specifications, the Common Council, after reviewing all available data, will make the final decision. B. When a low bidder proposes an alternative as an “equal” to that specified, it is the responsibility of the Controller’s Office (or designee) in conjunction with the department head involved to determine whether the proposed substitution is, in fact, an equal. 98 Page | 23 C.All bids for the City of Ithaca shall be required to include a Bid Sheet which lists: vendor bidding; subject of bids; date of bid opening; detail of bid made including item #, quantity, description, net unit price and net extension price of each item bid, delivery time, and the Waiver of Immunity Clause and Non-Collusive Bidding Certification. The Bid Sheet, Waiver of Immunity Clause and the Non-Collusive Bidding Certification must be signed by the bidding vendor to be considered for award. D.Bid files shall be maintained by the Controller’s Office and shall include bid specifications and drawings, bid tabulation sheets, bids, award letters, and other appropriate documentation as deemed necessary. E.In cases of tie bid between two or more responsible bidders furnishing the required security, the officer, board or agency may award the contract to any of such bidders. The bids can also be rejected and re- advertised. PURCHASE ORDERS – CURRENT The primary usage of the Purchase Order (P.O.) is to reserve budget funds for the requested purchase. The P.O. is also one method used by the City to document and pay for the purchase of a commodity, good, or equipment. The Purchase Order form serves as the primary record indicating that materials and or services were received and that payment for such purchases can be made. HOW TO USE THE PURCHASE ORDER In all purchases over $2,000, the purchase order must be created in order to reserve the funds for that purchase within the department’s budget. Then the voucher form, a separate procedure, is sent to the vendor for acknowledgment of the purchased goods. After the purchase is received, a voucher form signed by the vendor and Department Head is submitted to the Accounts Payable Coordinator for payment. Purchase orders will be entered into the computerized system by the on-line departments or appropriate City personnel. These purchase orders, depending on dollar value, must comply with previously stated authorized limits and controls. The purchase order system has been designed not to allow purchase orders written without available funds in the applicable account. Purchase orders will be printed off the computerized system and will be approved for purchase as follows: Dollar Value Process $1 – 1,999 No purchase order needed (but can be used if required by vendor; obtained and approved by Controller’s Office (or designee) or Accounts Payable Coordinator or designee. Purchase order approved for appropriate purchase, dollar value, and funds 99 Page | 24 available in account) $2,000 and greater Purchase order obtained and approved by Controller’s Office (or designee) or Accounts Payable Coordinator or designee. Purchase order approved for appropriate purchase, dollar value, and funds available in account. The purchase order is a form, which is developed and distributed by the Controller’s Office, which is routed as follows: Cancellations: If for some reason an order is cancelled a copy of the PO and copies of any correspondence should be returned to the Finance Department. This procedure should also be done for partial cancellations. Blanket Orders: A blanket purchase order is a purchase order made out to one particular vendor for a specific dollar amount, to be used on an as-needed basis when there is no provision to maintain an inventory. Blanket purchase orders eliminate the need to issue separate purchase orders for items purchased frequently from the same vendor. The amount a blanket purchase order is made out for and the length of time it will remain in effect will be determined by the respective department head in conjunction with the City Controller. Departments must keep a record of their purchases made against the blanket purchase order to ensure that they do not exceed the amount allowed on the purchase order. Any over-expenditure, depending on the circumstances, may not be approved by the Department Head for payment. If it is determined that a blanket purchase order may not be sufficient to cover all purchases to be made in the designated time period, the department should notify the City Controller immediately. When orders are delivered or picked up the receipts, delivery slips or other documents transmitted by the vendor will be signed by the individual receiving the order. The blanket purchase order number will be placed on the documents which will be kept on file within requesting department. If a blanket purchase order dollar amount is exceeded, a new blanket purchase order should be generated. PROCUREMENT DELIVERY/PAYMENT PROCESS (Bid/Non-Bid Purchases) After the award of a contract and/or the selection of a vendor: A Contract, if applicable, is to be developed by the appropriate department and executed in accordance with the contract approval process. 100 Page | 25 The Requisitioning Department will inspect and accept the delivery, unless the nature or complexity of the purchase requires the inspection by the City Controller’s Office (or designee). Any errors or damages in the delivery will be reported to the vendor by the requisitioning department. Consistent or unresolved problems are to be brought to the attention of the Controller’s Office (or designee) where the matter will be addressed and resolved. VOUCHER PROCEDURE Every purchase, either a purchase of commodities, professional services or public works requires a voucher to be attached to all purchasing documents (i.e. P.O.) in order to confirm payment. The voucher document serves two purposes. The first is to serve as a cover sheet for all documents involved in a single purchase. The second purpose is to provide a form for processing claims for payment. When properly filling out a voucher, it will provide a brief summary of every component of the purchase. All invoices will be sent to the requisitioning department by the vendor. The requisitioning department, will properly complete the voucher, including: department; Purchase Order number, if any; claimant’s name and address; fund appropriation; description of services, and amounts. The voucher and applicable invoice will then be signed by the requisitioning department head(s), and sent to the Accounts Payable Coordinator for audit and payment. The Controller’s office has sole authority to determine if a voucher is properly completed. The Accounts Payable Coordinator will develop the audit abstract based upon vouchers and invoices received prior to the audit. The vouchers and invoices must be properly completed, signed and have appropriate documentation to be included in the audit. The vouchers and invoices must be received by the Accounts Payable Coordinator one week prior to the audit dates. Vouchers and invoices that miss the audit abstract will be held over to the next available audit date. Emergency payments will be limited and only approved by the Controller’s Office. A manual check will be written if necessary. Once the audit abstract is developed, it is then forwarded to the Controller’s Office for audit approval. After the signed audit approval, the abstract is sent back to the Accounts Payable Coordinator for payment. Audits are performed as follows: DPW, Water and Sewer and Joint Activity every two weeks; Fire Department every two weeks; and Common Council, which includes all other departments, every two weeks. Holidays may change audit schedule slightly. A “clean-up” audit shall occur at the end of every fiscal year. A copy of the audit abstract is sent to the appropriate body for review. Audit questions should be brought to the attention of the Controller’s Office. 101 Page | 26 CONTRACTS Contracts shall be required to have proper signatures per the City’s Contract Approval Process. It is the responsibility of the procuring department to circulate contracts on a timely basis to be sure all required signatures are received. Contracts must have all applicable signatures prior to commencement of the work or service. Contract payments will be held by the City, if the applicable signatures and/or contract information is not in the contract. The contract must be properly executed. If amendments to contracts are needed, additional work cannot begin until all required signatures or initials are present on the contract. CONTRACT PROCEDURE: Why is a Contract Necessary? If your purchase is either labor intensive, or is a very complex purchase of equipment or another good, then you should make sure to use a contract during your purchasing process. The purpose of a contract is to ensure that both parties in the transaction agree to negotiated terms and that such document is legally abiding and approved by the City Attorney. Developing a Contract The following rules and guidelines should be kept in mind while developing the contract for your purchase. a.Standard contract templates can be obtained from the Attorney’s office and are also available on the “Q” drive within the City Attorney’s folder of the City’s Computer Network. b.Contracts shall be required to have the proper signatures according to the City’s Contract Tracking Procedures prior to the provision of product, work, or service. c.It is the responsibility of the Primary Contract Monitor to circulate contracts on a timely basis to be sure that all required signatures are received. Contract tracking is accomplished through an internal OpenGov portal which may be accessed here: https://ithacacityny.workflow.opengov.com/#/create/form/14171 See appendix. d.Contract payments will be held by the City, if the applicable signatures and/or contract information is not in the contract. e.If amendments to contracts are needed, additional work cannot begin until all required signatures or initials are present on the contract. Developed contract is then sent to the Attorney’s Office for review and approval. Allow up to four (4) weeks for the Attorney’s Office approval. Appropriate Board and/or Council resolution to execute contract should be made, if applicable. 102 Page | 27 Once approved by Attorney’s Office and appropriate Board or Council where necessary, the contract is then sent to vendor for signature. Other appropriate signatures will then be needed as per the Contract Approval Policy. Three copies of contracts should be made. One copy to Clerk’s Office for official filing, one copy to vendor, and one copy to remain in Department. Electronic signatures are authorized where appropriate, and copies may be stored electronically for most contracts; paper copies and wet ink signatures are required only in limited circumstances.. City contracts should have the following information included at a minimum: 1.Date of contract; 2.Parties of contract, including names, addresses and social security numbers, where applicable; 3.Detailed schedule of services to be provided by the contractor; 4.Payment amount in a “not-to-exceed” format. No open-ended payment contracts will be approved. 5.Insurance documentation, including workers’ compensation and disability coverage. Certificate of insurance if required. 6.Relationship of contractor to City (fringe benefit clause); 7.Termination of contract language; 8.Hold harmless wording; 9.Anti-discrimination wording; 10.Applicable signatures by City and contractor. Standard contracts can be obtained from the City Attorney’s Office. CONTRACT APPROVAL POLICY The City Policy for approval and execution of City Contracts is established as follows: A.Contracts for amounts less than $500, when prepared on a boiler plate form contract developed by the City Attorney, shall require approval of signature of both the Department Head giving rise thereto, and of the City Controller for availability of funds. Any deviation from the approved form requires review and approval by the City Attorney. B.Contracts of $500 or more but less than $10,000, shall require all the approvals disclosed in A. above, plus the approval of the City Attorney in all instances. C.Contracts in the amount of $10,000 or more shall require all approvals presented heretofore in clauses A and B above, plus the approval of the City Manager, as the binding legal signature on behalf of the City, and the Mayor, as the legislative check on said approval. 103 Page | 28 MISCELLANEOUS PROVISIONS APPLICABLE TO ALL PROCUREMENTS NEW YORK STATE CONTRACTS Purchases shall be made, to the extent practicable, through: available New York State contracts of the Office of General Services, Division of Standards and Purchase; Department of Correctional Services; New York State Industries for the Disabled; Industries for the Blind of New York State; and surplus and second-hand purchases from another governmental entity, whenever such purchases are in the best interest of the City. The State Contracts can be obtained on the New York State Website at the following address: http://www.ogs.state.ny.us. Click on Procurement Services; click on Search State Contract Award notices, and look up information by using key word search or contract group number. If a State Contract exists for the desired item, the State Contract should be the primary source, unless reasoning can be provided to select a different vendor. State List of Debarred Vendors - In addition to a vendors list, there is also a Debarred Vendors List. This list contains the name of businesses that are disapproved of hiring due to poor service, failure to comply, or difficulty shown in cooperating. Before moving forward with a purchase, you should regularly check the Debarred Vendors List in order to ensure that the businesses that you intend to compare price quotes with are not on this list. So, be sure to review the state list of debarred vendors. If the vendor who you plan to purchase from is on this list, you should not purchase from that vendor. This list can be found in the Controller’s Office. PROPERTY RECORDS The Deputy City Controller, in conjunction with appropriate City Staff, shall establish a procedure for maintaining an up-to-date property and inventory record of all equipment, except expendables, held by the City and for the disposal of obsolete surplus or non- movable materials, supplies, and equipment. CONFLICT OF INTEREST No official or employee of the City shall be interested financially in any purchase or contract secured by the City. This also precludes acceptance of gratuities, financial or otherwise, by the above persons, from any supplier of materials, supplies, equipment, or services to the City, the sharing of bids, or specifications with potential bidders prior to the competitive process, and assisting a supplier or firm to win a contract award prior to or during the competitive process. FEDERALLY FUNDED PURCHASING CONFLICT OF INTEREST STATEMENT No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents can neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. If the financial interest is not 104 Page | 29 substantial or the gift is an unsolicited item of nominal value, no further action will be taken. However, disciplinary actions will be applied for violations of such standards otherwise. The City Controller’s Office or designee shall develop a procedure for review of procurement practices or activities upon receipt of an inquiry or allegation of violation of this policy following its adoption. MINORITY AND WOMEN OWNED BUSINESS To the extent possible, the City of Ithaca will encourage contracts with minorities and women-owned businesses, and the City will not discriminate against contractors because of race, creed, color, national origin, sex, age, disability, or marital status, or sexual or affectional preference and will continue existing programs of affirmative action to ensure that minorities are afforded equal opportunities without discrimination. EXCEPTIONS TO GENERAL PURCHASING STANDARDS Internal control involves not only compliance with required purchasing procedures, but also affects the paperwork necessary. “Over-papering” can ruin the effectiveness of the system almost as quickly as non-compliance. The authorized dollar limits, requirements of quotations, and utilization of purchase orders are waived for the following exceptions, established upon a determination of operational efficiencies and economics: 1.Purchases under $500 2.Office supply orders 3.Petty cash reimbursements 4.Utility Bills 5.Maintenance, Repairs and Parts (up to $5,000) 6.Interdepartmental Charges 7.Postage Costs 8.Memberships & Dues 9.Subscriptions 10.Mileage, Travel, Conference reimbursements 11.Other expenses determined by the purchasing agent or designee on an individual basis. EMPLOYEE FRAUD Policy Statement: An act of fraud is committed if an employee of the City negotiates a personal procurement by fraudulent use of a City requisition number, purchase order number or procurement card. If an employee claims a purchase is on behalf of the City of Ithaca, when in fact the purchase was made solely for personal use, an act of fraud has been committed. By making a personal procurement from State Contracts, an act of fraud has also been committed. By committing an act of fraud, the employee is subject to disciplinary action and/or 105 Page | 30 prosecution. BUY LOCAL POLICY On March 7, 1979 the Common Council passed the following resolution regarding a “buy local” policy: RESOLVED, That this Common Council establishes the policy that all City agencies and departments will purchase supplies, materials, and equipment within the City of Ithaca pending availability of comparable quality and price. ENVIRONMENTALLY PREFERABLE PURCHASING It is the policy of the City of Ithaca to require purchase of products and services that minimize environmental and health impacts, toxics, pollution, and hazards to worker and community safety and to the larger global community to the greatest extent practicable; however It is not the intent of this policy to require a department, buyer or contractor to take any action that conflict with local, state or federal requirements or to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. Environmentally Preferable Purchasing is an important component of this policy, effective December 19, 2011, and will guide City efforts to meet the following goals: • minimizing health risks to City staff and residents, • minimizing the City’s contribution to global climate change, • improving air quality, • protecting the quality of ground and surface waters, and • minimizing the City’s consumption of resources. Further, Environmentally Preferable Purchasing is adopted and encouraged by the City in order to: • purchase products that include recycled content in order to support strong recycling markets, • institute practices that reduce waste by increasing product efficiency and effectiveness, use products that are durable and long-lasting, and reduce materials that are landfilled, • purchase products and institute practices that conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, and use recycled wood and wood from sustainably harvested forests, • purchase energy from renewable or green sources in preference to fossil fuels, • purchase products that are free of mercury and lead and eliminate the use of other persistent bioaccumulative toxic chemicals where possible, • increase the use and availability of environmentally preferable products, services 106 Page | 31 and distribution systems that protect human health and the environment, • support emerging and established manufacturers and vendors that reduce environmental and human health impacts in their services and production and distribution systems, and •create a model for successfully purchasing environmentally preferable products and services that encourages other buyers and consumers in our community to adopt similar goals. Specifications for Environmentally Preferable Purchasing A.Source Reduction: The City of Ithaca shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality. City departments shall purchase remanufactured products (i.e. for equipment and vehicles) whenever practicable, but without reducing safety, quality or effectiveness. Products that are durable, long lasting, reusable, refillable, recyclable or otherwise create less waste shall be selected whenever possible. Vendors shall be required to minimize packaging to the greatest extent practicable. Packaging that is reusable, recyclable or compostable shall be selected when suitable uses and programs exist. The City shall not purchase any polystyrene foam food packaging. Vendors shall be required whenever possible to take back and reuse pallets and packaging materials. Suppliers of electronic equipment shall be required to take back equipment for reuse or environmentally safe recycling when the City discards or replaces such equipment, unless the City deems it worthwhile to send the equipment to a non-profit organization for reuse. ALL documents shall be printed and copied on both sides to reduce the use and purchase of paper, unless needed to be single sided as per legal requirements. The Information Technology staff shall provide guidance to City departments and staff for setting duplexing as the default on each workstation, when feasible, or train employees to use this option, for all capable printers. B.Toxics Reduction and Pollution Prevention: City departments shall purchase energy-efficient products and consider "less toxic alternatives" when purchasing products such as cleaning products, pesticides and herbicides. To the maximum extent practicable, all cleaning or disinfecting products (i.e. for janitorial or automotive use) shall (i) meet Green Seal Standards for environmental preferability and performance, (ii) be products delineated on the NYS OGS Green Cleaning Product List, or 107 Page | 32 (iii) meet NYS OGS guidelines and specifications for green cleaning products. When contracting with new supply vendors, the City shall encourage training of its janitorial staff. Purchasing products containing persistent bio-accumulative toxic chemicals (PBTs) shall be avoided, where alternatives exist. When maintaining buildings and landscapes, the City shall manage pest problems through prevention and physical, mechanical and biological controls and use least toxic chemical pesticide products only after safer approaches or products have been determined to be ineffective. When maintaining buildings, the City shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when purchasing materials such as paint, carpeting, flooring, adhesives, furniture and casework. The City shall purchase products and equipment with no lead, cadmium or mercury whenever possible. For products that must contain lead or mercury because no suitable alternative exists, preference shall be given to those products with the lowest quantities of these metals and to vendors with established lead, cadmium and mercury recovery programs. The purchase of all pentachlorophenol, arsenic and creosote treated wood is prohibited. When replacing vehicles, the City shall lease or purchase only the most fuel-efficient models available that are suitable for each task and through carsharing and carpooling, shall minimize the number of vehicles purchased, as referred to in the “Green Policy for the City of Ithaca Fleet”. To the extent practicable, the City shall use renewably- derived fuels or fuels that are cleaner and less-polluting than gasoline and conventional diesel fuel, including biodiesel, natural gas and electricity. C. Recycled Content Products: It is the policy of the City to purchase and use recycled products to the extent that such use does not negatively impact health, safety, or operational efficiency. A 10% price preference may be given to recycled content products based on the lowest bid or price quoted by the suppliers offering the competing non-recycled content products. All products purchased for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standard. These guidelines can be obtained at the U.S. EPA Website at the following address: http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products. 108 Page | 33 City departments will favorably consider the selection of other recycled content and renewable materials, products and supplies over their non-recycled content and non- renewable alternatives whenever availability, fitness, operational efficiency, quality, safety, and price are equally acceptable. The list of materials, products and supplies shall include, but not be limited to, business office products, compost, fuels, mulch, asphalt, transportation products (e.g. signs, cones, delineators, and barricades), and other items. All pre-printed recycled content papers intended for distribution that are purchased or produced shall contain a statement that the paper has recycled content. Whenever feasible, the statement should indicate the percentage of postconsumer recycled content it contains. D.Energy and Water Savings: New and replacement equipment for lighting, heating, ventilation, refrigeration and air conditioning systems, water consuming fixtures and process equipment and all such components shall meet or exceed Federal Energy Management Program (FEMP) recommended levels, whenever practicable. All products purchased by the City and for which the U. S. EPA Energy Star certification is available shall meet Energy Star certification. When Energy Star labels are not available, products shall meet or exceed the FEMP recommended levels. When energy is purchased, renewable or green sources are preferred. These include solar power or photovoltaics, wind power, geothermal, and hydroelectric energy sources and do not include fossil fuels (coal, oil or natural gas). Demand water heaters shall be purchased whenever practicable. Energy Star and power-saving features for copiers, computers, monitors, printers and other office equipment shall be enabled during the initial installation and shall remain enabled unless these features conflict with the manufacturer’s recommended operation and maintenance of the equipment, or its specific operational use. E.Landscaping: All landscape renovations, construction and maintenance by the City, including workers and contractors providing landscaping services for the City, shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grasscycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food waste programs. Plants should be selected to minimize waste by choosing species for purchase that are 109 Page | 34 appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred. Hardscapes and landscape structures constructed of recycled content materials are encouraged. The City shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways. When available, the City shall purchase landscaping equipment that is not dependent on the use of fossil fuels. F. Forest Conservation: To the greatest extent practicable, the City shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, the City shall give preference to wood and wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification. Implementation - Department heads shall implement environmentally preferable purchasing practices, in accordance with this section of the policy, in coordination with the Controller’s Office and other appropriate City personnel. Whenever possible, the City will use recognized eco-labels and standards to make purchasing decisions. Wherever feasible and appropriate, life cycle cost analysis should be used by City departments and staff to assist in selecting products and services. "Cost" shall be calculated over the life of the item and should consider initial acquisition costs, useful life, costs of maintenance and operation over the useful life, and costs of disposal and/or replacement at the end of the useful life, rather than initial acquisition costs alone. Successful vendors or bidders shall certify in writing that the environmental attributes claimed in bids or price quotes are accurate. Although not the lowest proposal or price quoted by suppliers, City departments and staff may nonetheless purchase a product that adheres to the environmentally preferable purchasing specifications stated in this Section, if there is "prudent and economical use of public moneys in the best interests" of City taxpayers. Such determination of "best interests" may include full consideration and comparison of product life cycle costs (including product maintenance, operation and disposal costs), as described above. A further consideration may include direct and identifiable benefits to taxpayers, other than 110 Page | 35 product cost (for example, the cost of permeable pavers might exceed the cost of asphalt paving, yet the use of permeable pavers could mitigate storm water run-off and reduce the potential for flooding and infrastructure damage in low-lying areas). Justification for a determination of "best interests" shall be documented by City departments and staff and submitted to the Controller’s Office prior to the purchase of products or services. If the buyer making the selection from competitive bids or the requesting department seek to purchase products that do not meet the environmentally preferable purchasing criteria in this Policy, the buyer shall provide a written justification to the Controller’s Office (or designee) for why compliance is not practicable, e.g., the product is not technically practical, economically feasible, or available within the timeframe required. Vendor contracts shall be negotiated in light of the requirements of this policy. If a vendor that is under contract to the City of Ithaca is no longer able to provide a product that meets the City’s environmentally preferable specifications, it shall notify the appropriate city representative and provide written justification for why compliance is not practical. Prior written consent from an authorized City representative shall be required before substituting any alternative product or service. Training of buyers and other relevant city staff, vendors, contractors and grantees shall include instruction on the environmentally preferable purchasing requirements of the Policy. The DPW Stock Room has made significant efforts to implement an environmentally preferable or green purchasing program for most cleaning and janitorial products supply. All City departments are encouraged to order and purchase such products through the Stock Room, to the extent practicable. SWEATSHOP-FREE PROCUREMENT Effective January 1, 2012, the City of Ithaca and every department and division within the City government shall take all steps within its authority to ensure that, whenever possible, City purchases of apparel or textiles, in excess of $1,000, are from contractors or suppliers confirmed to be “sweatshop-free” – i.e., whose products are confirmed by a credible, independent source to be manufactured or assembled without violating the wage and hour, labor, safety, health, environmental, building, fire, or anti-discrimination laws, rules, codes, regulations or standards that are applicable in the country of manufacture or assembly, or that are contained in the International Labour Organization (ILO) Core International Labour Standards (whichever is stricter). POLICY ON SWEATSHOP-FREE PROCUREMENT OF APPAREL AND TEXTILES Any purchasing contract for the procurement of apparel or textiles shall comply with all applicable federal, state, and local laws and regulations, including the City of Ithaca Purchasing Policy and Chapter 39 of the Municipal Code of the City of Ithaca. 1.To the extent allowed under General Municipal Law, Section 103, the City of Ithaca and its departments shall only purchase apparel or textiles confirmed to be sweat-shop free, as those terms are defined herein, unless: 111 Page | 36 a) The Controller certifies that no confirmed sweatshop-free apparel or textiles are available and that the acquisition of the apparel or textiles sought is essential or time-sensitive, the contracting agency may select a supplier that is not confirmed to be sweatshop-free; or b) The purchase of apparel or textiles is for less than $1,000. 2. For purposes of this revision, “sweatshop-free” shall refer to apparel or textiles that are manufactured or assembled without violating laws, rules, codes, regulations or standards regarding wage and hour, labor, safety, health, environmental, building, fire, or anti-discrimination, that are applicable in the country of manufacture or assembly, or that are contained in the ILO Core International Labour Standards (whichever is stricter). 3. Apparel or textiles may be confirmed to be sweatshop-free by: a) Certification or otherwise credible data, information, or reports submitted to the City Controller from the Sweatfree Purchasing Consortium or its agency members; b) Certification or otherwise credible data, information, or reports submitted to the City Controller from another comparable independent monitoring organization as selected by the Common Council or its members; or c) Self-certification by affidavit of the supplier or vendor that the apparel or textiles are sweatshop-free, provided that such certification is not contradicted by credible information received by the City Controller. 4. As a member of the Sweatfree Purchasing Consortium, the City will receive information from the Sweatfree Purchasing Consortium regarding manufacturers, contractors, subcontractors, suppliers, or vendors found to have violated human rights or labor standards. The City Controller shall advise Department Heads of violation information from the Sweatfree Purchasing Consortium, and Department Heads shall provide such information to all staff in a position to purchase City-required apparel. 5. The City encourages its officials and staff to strive to uphold the standards of the City Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles, in making purchases of work-related apparel. COOPERATIVE PURCHASING The City Manager, upon the consultation and advice of the City Attorney and the City Controller, may authorize the City to enter into purchasing cooperative agreements with other governmental entities or political subdivisions where there is no fee to the City to become a member, and where the cooperatives and their underlying bidding procedures meet the requirements of General Municipal Law §103. 112 Page | 37 AUTHORIZED EQUIPMENT LIST POLICY For equipment purchases under $500, the department head will submit the equipment request to the Controller’s office for review and approval. SALE OF SURPLUS PUBLIC EQUIPMENT POLICY When public equipment is sold by the City, the following procedures must be adhered to: 1.Equipment deemed surplus by a City department must be surplus to all City departments. Departments must check with other City departments to determine if another department can use the surplus equipment. If another department can use the equipment, the appropriate transfer of equipment, accountability and financial activity will be made by the departments and the Controller’s office. 2.If the equipment is deemed City surplus, City-wide, the equipment may be sold or placed in a City auction for sale. 3.Selling Procedure: Department establishes specifications of equipment for sale and a sealed bid equipment sale is performed through the City Controller’s Office. The sale must be advertised in the City’s official newspaper and sealed bids must be received. The sale of equipment will be awarded to the highest bidder. Cash or certified check will be accepted by the City. The proceeds of the sale will be placed into the appropriate City fund and account. 4.Equipment, deemed surplus, can also be placed in a city or municipal auction. The proceeds of the sale will be placed into the appropriate City fund and account. WICKS LAW Separate specifications for contracts involving the erection, construction, reconstruction, or alteration of buildings, when the entire cost of the work exceeds $500,000, shall be prepared for the following work to be performed: A.Plumbing and gas fitting; B.Steam heating, hot water, ventilating and air conditioning apparatus (HVAC); C.Electric wiring and standard illuminating fixtures; D.General Construction. These specifications shall be written as to permit separate and independent bidding for each of the four areas of work. Building requirements as explained earlier in this document will pertain to each bid. EMPLOYEE TRAVEL On occasion, an employee may be required to travel out of the City for City business. 113 Page | 38 When this occurs, the employee will be reimbursed travel expenses. Process Travel by an employee must be approved by Department Heads. Once approved, a Travel Authorization Request form must be filled out. The Travel Authorization Request form should contain the following information: Name and Title of Employee, Department, Account to be Charged, Destination (city/town) and Purpose of Travel, Dates of Travel, Estimate of Transportation Cost Information (whether it be by City or personal vehicle, plane, etc.), Estimate of Lodging Costs, Estimate of Meals Costs, Registration Fees, if applicable, Total Cost of Travel, Current Budget Balance of account to be charged, and Signature of Department Head Two copies of the Travel Authorization Request form are to be submitted to the Controller’s Office at least two (2) weeks prior to travel. The Controller’s Office will then review the request and the account to which the travel will be charged. If the budget allows for the expense, the Controller’s Office will sign both copies and return one copy to the requesting department and forward the other copy to the Accounts Payable Coordinator. Once approved, the requesting department will proceed with a purchase order and voucher as required within the purchasing policy. Employee Responsibility It is the responsibility of the employee to retain all receipts during the time of travel. Receipts shall be itemized. Credit Card receipts showing the total of a purchase will not be accepted. Upon return of the employee, a voucher may be used with receipts attached, to receive reimbursement of the expenses. Gratuities (up to 20%, pre-tax), taxes on meals and tax on gasoline for City vehicles will be refunded to the employee. If a private vehicle is used, mileage will be reimbursed at the current IRS rate. The City will not reimburse expenses for movies viewed in a hotel, alcohol or tax on alcohol for any reason. CREDIT CARD POLICY Credit Cards are issued by name to individual employees and generically to Departments and cannot be transferred to, assigned to, or used by anyone other than the designated employee. As the liability for the Credit Card resides with the City and not the cardholder, use for personal purchases is strictly prohibited. 114 Page | 39 In addition, the Credit Card cannot be used for certain restricted items as indicated in the “Unauthorized Card Use” section of the Policy/Procedures manual. Fraudulent and/or misuse of the card is grounds for cancellation of Credit Card privileges and may lead to disciplinary action, up to and to include termination of employment. Any IT purchases must be approved in writing by the IT Director. The Department Head is responsible to closely audit all Credit Card transactions for the department. The Controller’s Office will perform periodic audits of Credit Card transactions. The Controller, as fiscal officer of the City, is the only position authorized to enter into a credit card agreement. The City Controller provides final approval to all Credit Card applications after the applicant signs the cardholder agreement form. A more detailed Credit Card Policy is distributed to cardholders at the time the card is given to the employee or Department and provides additional guidance on allowed and unallowed purchases. This policy shall be effective August 5, 2026, and will be reviewed annually by the Controller’s Office for possible changes and amendments. All changes and/or amendments to the purchasing policy must be approved by Common Council. 115 CITY OF ITHACA PURCHASING POLICY & PROCEDURE MANUAL 116 Page | 2 SUBJECT: City of Ithaca Purchasing Policy Effective: January 7, 1976 Revised: April 1981 December 1993 April 1998 December 2011 April 2018 January 2024 September 2025 August 2026 PROCUREMENT POLICY FOR THE CITY OF ITHACA Public purchasing has two central purposes; protection of public financial resources by obtaining the best work, service or product for the lowest possible price, and the prevention of favoritism, improvidence, fraud and corruption in awarding public contracts to the lowest responsible bidder. The City needs to foster competition, assure the prudent and economical use of public moneys, and adhere to Sections 103 and 104 of the General Municipal Law. This Purchasing Policy and Procedure manual is intended for use as a guide to City purchasing methods. When used with good judgment and common sense, this manual will enable the City to obtain the needed goods and services efficiently and economically. City employees involved in the purchasing process should be familiar with, and shall adhere to, the policies and procedures set forth in this manual. The cooperation of all employees is essential if the City is to obtain the maximum value for each tax dollar spent. While this manual does not answer all questions related to purchasing, it does provide the foundation for a sound purchasing system. The material in the manual is subject to revision to meet the often rapidly changing developments encountered in the field of purchasing. When changes become necessary, the information concerning these changes will be sent to all City departments. The City of Ithaca Common Council shall annually review these policies and procedures. This manual is effective immediately upon Common Council approval, and supersedes all previous purchasing instructions or directives. 117 Page | 3 Table of Contents Purchasing Responsibility .......................................................................................................... 6 Ethics of Purchasing ................................................................................................................... 7 General Purchasing Standards, Definitions and Policies .......................................................... 8 Major Roles and Responsibilities ........................................................................................ 8 Tax Exempt Status .............................................................................................................. 8 Purchase Review ............................................................................................................ 8 - 9 Authorized Limits and Control .......................................................................................... 10 - 11 City of Ithaca Bidding Procedures ..................................................................................... 12 - 14 General Procedures ........................................................................................................... 14 Standardization .................................................................................................................. 14 Exceptions to Bidding Procedures ............................................................................................ 15 Emergency Expenditure/Emergency Capital Project ............................................ 15-16 Mandated Sources ...................................................................................................... 16 Sole Source .................................................................................................................. 16 State/County Contracts ............................................................................................... 16 Piggybacking ................................................................................................................ 16 Leases .......................................................................................................................... 16 Cooperative Purchasing Contracts .............................................................................. 17 Professional Services ............................................................................................ 17 - 18 Request for Proposal Procedure ........................................................................................ 18 - 20 Federal Purchasing Regulations ............................................................................................... 21 Current Purchasing Procedures .......................................................................................... 22-25 General Procedures ........................................................................................................... 22 Purchase Orders .......................................................................................................... 23 How to Use the Purchase Order ................................................................................. 23 Procurement Delivery/Payment Process ................................................................... 24 Voucher Procedure ..................................................................................................... 25 Contracts ...................................................................................................................................... 26 Contract Procedure ............................................................................................................ 26 Why a Contract is Necessary ....................................................................................... 26 Developing a Contract ......................................................................................... 26 - 27 Contract Approval Policy ................................................................................................... 27 Miscellaneous Provisions New York State Contracts ........................................................................................ 28 Property Records ...................................................................................................... 28 Conflict of Interest .................................................................................................... 28 Federally Funded Purchasing Conflict of Interest ............................................... 28-29 Minority and Women Owned Business ................................................................... 29 118 Page | 4 Exceptions to General Purchasing Standards .......................................................... 29 Employee Fraud ........................................................................................................ 29 Buy Local Policy ........................................................................................................ 30 Environmentally Preferred Purchasing .............................................................. 30 - 35 Sweatshop-Free Procurement .......................................................................... 35 - 36 Cooperative Purchasing ............................................................................................ 36 Authorized Equipment List Policy ............................................................................. 37 Sale of Surplus Public Equipment Policy .................................................................. 37 Wicks Law .................................................................................................................. 37 Employee Travel ................................................................................................. 37-38 Credit Card Policy _______________________________________________ 38-39 119 Page | 5 PURCHASING POLICY – QUICK REFERENCE SHEET PLEASE NOTE: THIS IS A SUMMARY AND IS NOT A COMPLETE LIST OF PURCHASING POLICIES COMMODITIES AND SERVICES: Payment Up To $1,999: You do not need a PO (PO can be used if vendor requires). You can purchase items under $1000 with a Credit Card. $2,000 and up PO, or other documentation required by the Controller, must be submitted in order for payment to be made Procurement $0-$1,999; No quotes needed $2,000-$4,999: Three (3) Verbal Quotes $5,000-$19,999: Three (3) Written Quotes $20,000 and up: Competitive Bidding Procedure TYPES OF REQUISITIONS: Request for Bid (RFB): Used to requisition item(s) to be bid on. The award is based solely on price (or best value). An RFB is the default procurement method for any purchase over $20,000. All other procurement methods must fall under an authorized exception. Request for Proposal (RFP): Used to requisition services that requires multiple factors to be considered in the award. This is a formal negotiation - price is not the only deciding factor. The deciding factors must be identified in the RFP and a committee ranks each proposal based on these factors. PUBLIC WORKS CONTRACTS: Under $5,000: Can be awarded at the discretion of the City Controller and a representative from the applicable City Department $5,000-$34,999.99: Three (3) Formal Written Quotes $35,000 and up: Competitive Sealed Bid EXCEPTIONS: • Certain professional services • Reimbursement of petty cash funds • Utility bills • Interdepartmental charges • Medical examinations • Legal notices • Postage meter and stamp costs • Items on state bid, OGS contract, cooperative purchasing agreement, or piggyback • Emergency Purchases 120 Page | 6 PURCHASING RESPONSIBILITY The City of Ithaca Controller’s Office is hereby authorized to make all purchases of necessary goods and services by any means legal within the State of New York and within all applicable rules and regulations and in the best interest of the taxpayers of the City of Ithaca. In keeping with General Municipal Law 104-b, which requires the identification of the individual or individuals responsible for purchasing and their respective titles, the following individual(s), name(s) and title(s), are responsible for purchasing for City of Ithaca: Carissa Ralbovsky, City Controller Wendy Cole, Deputy City Controller 121 Page | 7 ETHICS OF PURCHASING In order to eliminate any suspicion of wrongdoing or unfairness of conflicts of interest prior to any purchase of materials, goods or supplies, the City Controller shall: 1. Consider the interest of the City in the betterment of its government. 2. Endeavor to obtain the greatest value for every dollar expended. 3. Be receptive to advice and suggestions from employees, insofar as such advice and suggestions are not in conflict with legal or moral restrictions in purchasing procedures. 4. Strive for knowledge of municipal equipment and supplies in order to recommend items that may either reduce cost or increase municipal efficiency. 5. Insist on and expect honesty in sales representation whether offered verbally or in writing, through advertising or by providing samples of a product. 6. Give all responsible bidders equal consideration and the assurance of unbiased judgment in determining whether their products meet specifications. 7. Discourage the offer of, and decline any and all gifts which in any way might influence the purchase of municipal equipment and supplies. 8. Accord a prompt and courteous reception, insofar as conditions permit, to all who call on legitimate business missions and cooperate with governmental and trade associations in the promotion and development of sound business methods in purchasing the City equipment and supplies. 9. Govern by the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and inspire the confidence of the organization and the public being served. 122 Page | 8 GENERAL PURCHASING STANDARDS, DEFINITIONS AND POLICIES The City Controller’s Office (or designee) shall be responsible for developing and administering a centralized purchasing system and procedure to make provisions for all purchases, sale, lease, rental and servicing of materials, supplies, equipment and services for all City departments and agencies of City government pursuant to and in compliance with all the applicable provisions of laws and regulations. MAJOR ROLES AND RESPONSIBILITIES The City of Ithaca does not have a separate Purchasing Division or Department, but instead utilizes a decentralized purchasing system. As such, the ultimate responsibility and provider of oversight to the entire purchasing system is the Controller’s Office. Due to the decentralization of the purchasing system, each department is tasked with partial purchasing responsibility in which these responsibilities will be clearly highlighted throughout the policy. City Controller and Office - The Controller’s Office provides oversight, control, and the overall administration of the decentralized purchasing system. The Controller’s office is responsible for handling the Competitive Bidding process. Department Heads – Each department is responsible for initiating purchases, monitoring the delivery of purchases, and providing notifications of amendments of the purchase, etc. Department Heads are to ensure that designated purchasing employees fully comply with the purchasing policy. Designated Purchasing Employees - Employees involved in their department’s procurement process are to understand the purchasing procedures and to refer to this manual for reference of appropriate procedures to be used in the right situation. Attorney - The City Attorney provides legal approval for written contracts when contractual work or purchases are required and ensures that the correct legal procedures are used. Vendor or Supplier - The vendor or supplier is the second party willing to supply a service or commodity to the City of Ithaca for the agreed upon price and stipulations. TAX EXEMPT STATUS As a municipality, the City of Ithaca is exempt from all State of New York sales taxes and some Federal Excise Taxes. If a vendor requests proof of tax exemption, the Controller’s Office can provide documentation to the vendor. PURCHASE REVIEW Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. The definitions of a Purchase Contract and a Public Works Contract are as follows: 123 Page | 9 A. Purchase Contract - Involves the acquisition of commodities, materials, supplies or equipment. B. Public Works Contract – Involves the purchase of labor, construction and/or services related to construction. When a contract involves both elements of a purchase contract and a public work contract, it must be reviewed to determine which type of contract it is. As a general rule, if the contract involves a substantial amount of services such that it is the focal point, and the acquisition of goods is incidental, it will be considered a contract for public work. Conversely, if services or labor are only minimal or incidental to the acquisition of goods, it will be considered a purchase contract. Once that determination is made, a good-faith effort will be made to determine whether it is known, or can be reasonably expected, that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law: purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; sole source purchases; goods purchased from correctional institutions; purchases from agencies for the blind and disabled; purchases under State and County contracts; leases; and second-hand purchases from another government entity. The City shall purchase materials, supplies, equipment and services as required, at the best possible and reasonable price, and maintain the appropriate documentation for the purchase as follows: A. Purchases will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that goods and services will be purchased at the lowest reasonable price, and that favoritism will be avoided. B. Proper written documentation (acceptable to the Controller’s Office) by the individual making the purchase will be required whenever a contract is awarded to other than the lowest responsible vendor. This documentation will include an explanation of how the award will achieve savings, is an environmentally preferable alternative, or how the vendor was not responsible. 124 Page | 10 AUTHORIZED LIMITS AND CONTROL Annually, the authorized limits for purchasing transactions shall be reviewed, evaluated and adjusted to more accurately reflect the market pricing, inflation, processing expenses, applicable laws, and the City’s utilization experience. The following authorized dollar limits are effective September 3, 2025. These limits are applicable per total purchase transaction, provide for departmental delegation and discretion, and require documentation as specified: Type of Contract Transaction Dollar Limit Process Public Works All Other Contract Contracts $1 – 1,999 $ 1 – 1,999 Vendor selected by Department and processed for payment on a claims voucher. Selection of vendor based on lowest price is encouraged. Purchase order not required, but may be necessary for certain vendors. $2000 – 4,999 $ 2,000 – 4,999 At Department’s discretion; either the Department or Controller’s Office obtains three (3) quotes (if available; unavailability must be documented). For Public Works contracts, quotes may be verbal, all other contracts require written quotes. Recommend low quote be written and documentation for any exceptions needs to be included. A purchase order issued by the Controller’s Office is required. $ 5,000 – 34,999 $5,000 – 19,999 Department or Controller’s Office obtains written quotations from at least three (3) separate vendors (if available; unavailability must be documented and approved by the Controller). All quotes must be in writing. Lowest quote should be selected; if not, documentation must be provided and approved by Controller’s Office, in consultation with the Attorney’s Office. 125 Page | 11 Type of Contract Transaction Dollar Limit Process Public Works All Other Contract Contracts $35,000 and above $20,000 and above Department and/or Controller’s Office prepares and completes written specification. Controller’s Office advertises for competitive sealed bids in conformance with General Municipal Law, Section 103. Bids opened publicly in conformance with General Municipal law, Section 103. Lowest responsible bidder meeting bid specifications will be selected. A bid file will be established and retained by the Controller’s Office. If lowest responsible bidder is not selected, reasons must be documented and approved by the Controller’s Office in consultation with the Attorney’s Office. Contract or purchase order issued following approvals pursuant to the appropriate purchase order and/or contract procedures, described in more detail below. 126 Page | 12 CITY OF ITHACA BIDDING PROCEDURES General Municipal Law Section 103 requires that any purchase of like or similar items in excess of $20,000 aggregate be submitted for public competitive bid. Likewise, any public works project requiring materials and labor in excess of $35,000 is required to be put out for public competitive bids. The law also states that if Local Laws are more stringent than State Laws then the Local Law shall be adhered to. The strictest law shall be used. The City Controller’s Office or designee shall be responsible for all required public advertising and competitive bidding; shall conduct all bid solicitations and openings; and secure the recommendations for awarding contracts from the appropriate official. Opportunity shall be provided to all responsible suppliers to do business with the City. To this end, the City Controller’s Office or designee shall develop and maintain lists of potential suppliers (bidders list) for various types of materials, supplies, equipment, and services. Lists shall include and highlight all environmentally responsible suppliers. Such lists shall be used to develop mailing lists of potential suppliers and for distribution of specifications, drawings, and invitations to bid. Any supplier may be included on the list upon request. When soliciting bids, a statement of “Information to Bidders” shall be included with all specifications submitted to suppliers. The information to bidders shall be incorporated in all contracts awarded for the purchase of materials, supplies, equipment, and services. The statement shall assist bidders with general information included in the bid. All contracts which require public advertising and competitive bidding shall be awarded as provided by State law and consistent with policies and procedures of the City attached hereafter. Recommendation for awarding contracts shall be submitted by the appropriate official. A. Specifications shall be developed to a minimum standard, which will allow greater participation by vendors in the sealed bid process. Specifications that are too precise and do not allow for competition are not in keeping with the intent of General Municipal Law Section 103 and may result in lawsuits against the City. B. Brand names can be used in bid specification. If the Controller’s Office is supplied with a brand name, the buyers will generally specify “brand name or equal” on the bid. A brand name gives the parties involved an idea of what type and quality of product is required. In many cases, several distributors can supply a given brand. The most important features or requirements must be addressed, since no two brands are identical. In all aspects, describe which aspects are needed for any product offered to be equivalent. Make it clear at the outset what would be considered “equivalent”. C. The issuance of plans and specifications and other bid documents, and the receiving of mailing fees, deposits, bid bonds, or certified check, and contract bonds will be handled by the Controller’s Office generally, and/or the appropriate City officials, when required by law. Bid documents can also be obtained on the City’s website at www.cityofithaca.org/bids - the documents can be downloaded for free. Deposits on plans and specifications for bids (when a deposit is required) – The City 127 Page | 13 must refund entire bid deposit with return of plans and specifications in good condition within 30 days from unsuccessful bidder. If unsuccessful bidder picks up more than one set of plans, then we are to return deposit less cost of reproducing the additional sets. If nonbidder returns sets, no matter how many sets, we are to return the deposit less cost of reproduction. D. Performance bonds shall be required when bidding capital improvement or public works projects. Bidders are required to submit their performance bonds before, or at the time that they sign a contract. This bond will ensure that the bidder performs their duties as agreed upon between the date of the award and the set date of completion of the contract. E. Prevailing wages (obtained by the Controller’s Office) consist of pay scales that have been bargained for by the various unions through the State and are set by the New York State Department of Labor. Vendors must pay these rates to those employees who work on public works projects in any municipal facility. There is no dollar threshold where these wages do not apply. In having vendors submit quotes, it is extremely important to make sure that they understand that prevailing wages apply for any public works project, regardless of the cost of the contract. In addition, for projects that are Federally funded, wage rates in compliance with the Davis-Bacon Act must be followed. F. The Controller’s Office shall prepare and place the bid advertisement for the receipt of bids in the City’s official newspaper on such a purchase contract or a public works contract after authorization to proceed by the appropriate City officials. At least five days shall elapse between the first publication of such advertisement and the date specified for the opening of the bids. Advertisement shall contain a statement of the bid time and place. As a general rule, use three weeks as the time between the bid advertisement and the bid opening. G. An addendum will be issued to clarify the bid requirements and/or the bid specifications. When a discrepancy, ambiguity or omission is revealed, an addendum will be issued to clarify the bid requirements. The addendum is sent by fax, email or mail to all vendors that received the bid. The Controller’s Office will make every effort to ensure that the appropriate vendors receive addenda. The addendum procedure can also be used to extend the bid date to give the vendors/contractors sufficient time to submit a responsible bid. H. The City Controller’s Office (or designee) shall open all bids and read them publicly at the advertised time during regular business hours at City Hall, 108 East Green Street, Ithaca, New York, or through a publicly available electronic meeting. I. The Controller’s Office and/or appropriate City officials shall review bid documents to determine the lowest responsible bidder meeting the specifications so that a recommendation for an award can be made at the next regular meeting date or 128 Page | 14 special meeting with power to act of a particular board or the Common Council, if board or Common Council approval is required. J. When an award is made by the appropriate authority, the Controller’s Office and/or applicable department shall arrange for the execution of the contract documents by the contractor, City Manager and any other applicable City Officials. K. Award will be made to the lowest responsible bidder. The term “responsible” means: financially responsible; accountable; reliable; sufficient resources; skill; judgment; integrity; responsive; and moral worth. In deliberating the responsibility of a bidder, contractor or a sub-contractor, all contracting agencies shall give due consideration to any credible evidence or reliable information regarding the guidelines set forth in Chapter 39 of the City Code. STANDARDIZATION Section 103 of the General Municipal Law makes it possible for the City to standardize on a particular type of material or equipment. In order to standardize a product, the Department head should submit a resolution request explaining the need for standardization and the efficiencies it will create for the City. The resolution, if approved by Common Council, shall state that for reasons of efficiency or economy there is a need for standardization. The resolution shall contain a full explanation supporting such action. Approval of a standardization resolution requires that three fifths of the entire membership of Common Council vote in the affirmative on the resolution. The adoption of such a resolution does not eliminate the necessity for conformance to the competitive bidding requirements. Standardization, as the word implies, restricts a purchase to a specific model or type of equipment or supply. An example of standardization would be the limiting a purchase of trucks to a particular make or model on the basis of past performance and/or future plans. 129 Page | 15 EXCEPTIONS TO BIDDING PROCEDURES Pursuant to General Municipal Law, Section 104-b(2)(f), the procurement policy may contain types of procurement for which, or circumstances when, at the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the City. The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the purchase. This documentation may include: written or verbal quotes from vendors; a memo from the purchaser indicating how the decision was reached; a copy of the contract indicating the source which makes the item or service exempt; a memo from the purchaser detailing the circumstances which led to an emergency purchase; or any other written documentation which is appropriate. In the following circumstances, it may not be in the best interests of the City of Ithaca to solicit quotations, or document the basis for not accepting the lowest bid: EMERGENCY EXPENDITURE/CAPITAL PROJECT PROCEDURE An exception to the required competitive bidding requirements exists for emergency situations. Three basic statutory criteria must be met in order for a procurement to fall within the emergency exception: (1) the situation arises out of an accident or unforeseen occurrence or condition; (2) public buildings, public property, or the life, health, safety, or property of the City are affected; and (3) the situation requires immediate action, which cannot await competitive bidding. The department head, in conjunction with the City Controller’s Office or designee, must review the circumstances of the capital expenditure and determine that the situation is an emergency as defined previously. If a public emergency is declared as provided by federal, state, or local law, then the competitive bidding requirements will be waived, but the following procedures must occur to assure that purchases are made at the lowest reasonable costs practicable under the circumstances: 1. The informal solicitation of verbal quotes by at least three (3) qualified contractors/vendors, or as many as practicable, followed up by a written quotation. 2. Department head and staff make recommendations of award of contractor to the City Controller’s Office or designee. If the lowest quote was not selected, reasons for such must be documented. 3. Award of contract, based upon recommendations by staff, department 130 Page | 16 head, and purchasing agent, should be made by the appropriate authority. 4. A contract, with an amount not to exceed, must be entered into between the contractor and the City. 5. Any change orders to the contract must be properly reviewed and approved by the appropriate City personnel. MANDATED SOURCES Sources include the Department of Correction, Industries for the Blind of New York State, and the N.Y.S. Industries for the Disabled. SOLE SOURCE When there is only one possible source from which to procure goods and/or services, thus indicating there is no possibility of competition, the following will be shown: 1. Unique benefits of item needed; 2. No other product/service can compare; 3. Cost is reasonable as compared to product offered; 4. There is no competition available. If a department wishes to make a sole source procurement, the department head must submit a letter with the procurement request explaining the reason for the sole source procurement. All sole source procurements must be approved by the City Controller and City Attorney. STATE/COUNTY CONTRACTS The City can purchase (and, in fact, is encouraged) from New York State Contracts. The contract must have the applicable P#. The City can purchase from County contracts if the County has passed appropriate resolution stating availability to local municipalities. PIGGYBACKING Effective August 1, 2012, a new subdivision 16 was added to General Municipal Law (GML) § 103 to authorize political subdivisions and districts therein to purchase apparatus, materials, equipment and supplies, and to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district therein. The contract must be made available for use by other governmental entities. LEASES Prices will be negotiated between the City of Ithaca and the lessor. Certain leases must comply with Section 109-b of the General Municipal Law. 131 Page | 17 COOPERATIVE PURCHASING General Municipal Law §103 authorizes the City to purchase apparatus, materials, equipment and supplies, including vehicles, and to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district therein so long as the contract is let in a manner that constitutes competitive bidding consistent with state law; also known as Cooperative Purchasing. The City is allowed to enter into purchasing cooperatives agreements with other governmental entities or political subdivisions, where there is no fee to the City to become a member, and where the cooperatives and their underlying bidding procedures meet the requirements of General Municipal Law §103 PROFESSIONAL SERVICES Generally, professional services involve specialized expertise, use of professional judgment and/or a high degree of creativity. The individual or company must be chosen based on accountability, reliability, integrity, and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price, and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures. In addition, although it has been held that the exception may apply, in proper circumstances, to contract with a corporation. In these instances the services generally are to be performed by particular designated individuals. Finally, the courts have noted that professional service contracts often involve a relationship of personal trust and confidence. Among the services which have been held to be exempt from competitive bidding under this exception include, but are not limited to, the following: physicians, psychiatrists, psychologists, pharmacists, engineers, surveyors, accounting firms, attorneys, architects, and individuals who supply a service that requires specific training to perform a task that is unique and not readily available from most sources. Negotiations for all services which are determined to not fall under the RFP process shall be determined by the City Attorney and City Controller. In determining whether a service fits into this category, the appropriate City official shall take into consideration the following guidelines: (a) whether the services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to the performance of the services; and (c) whether the services require a personal relationship between the individual and municipal officials. Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; Bonding Attorney services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs, or services involved in substantial modification and 132 Page | 18 customizing of pre-packaged software. Other professional services related to specified projects or contracts will be examined on an individual case basis and require approval of the City Controller, in consultation with the City Attorney. The City will solicit proposals for professional services as needed using a Request for Proposal. REQUEST FOR PROPOSAL PROCEDURE A more detailed version of a formal quote, which is usually used when contracting for a professional service, or other service requiring individualized assessment, is a Request For Proposal (RFP). A standardized RFP Template is available in the Q drive or from the City Attorney’s Office. The City Controller, in consultation with the City Attorney, may authorize a variance from the Request for Proposal Procedure or authorize an alternate purchasing method where strict adherence to the outlined procedure would be both impracticable and contrary to the City’s best interests. An RFP should include the following: 1. A work statement or performance specification detailing what is required. 2. Evaluation criteria by which proposals will be judged. Frequently the criteria are divided into three main categories: a. Managerial capability b. Technical acceptability c. Approach in meeting performance requirements and reasonableness of price. 3. Once criteria have been determined, the amount of weight each element will carry should be determined. This weight information can be included in the RFP document or the criteria can be presented from most important to least important. (Optional) 4. Time frames within which the work is to be completed. Proposals are typically judged on the vendor’s ability to do the work specified and in the time frame specified and based on their experience, personnel and past performance. After determining which vendors meet these criteria, price is then considered. The three most common ways to award a RFP are as follows: 1. Award to the most responsive vendor and negotiate price. 2. Select two or three of the most responsive proposals and request sealed bid pricing for the proposals and award to the vendor submitting the lowest price. 3. Award to any firm the City determines can satisfactorily perform the job. 133 Page | 19 Transaction Dollar Limit Process $0 - $4,999 Informal – Follow procurement rules in Quick Reference Sheet $5,000 - $19,999 Informal – Department and/or Purchasing issue a letter to at least five (5) suppliers describing your requirements and the selection criteria. Evaluate the proposals, document your decision and award a contract. Keep the process as simple as possible. Award letter and RFP tabulation schedule should be sent to all participating vendors. $20,000 and Greater Formal – Department and/or Purchasing should issue a formal RFP to suppliers. Advertise locally in the City’s official newspaper. Allow at least five (5) days for vendor response to RFP. A three-week time frame is best. If RFP is above $100,000, should also advertise on the State level (NY Times, NYS Contract Reporter, etc.) An evaluation committee must be established to review proposals. Award recommendation must go to Common Council for approval, unless the budget has already been approved by Common Council, then award by Common Council is optional. Award letter and resolution must go to vendor. RFP tabulation schedule must be sent to all participating vendors. Selecting a Winning Proposal: When selecting a winning proposal, the following criteria should be used: 1. The supplier fully understands the needs and problems of the organization; 2. The supplier knows how to satisfy the needs or solve the problems, and offers a suitable plan; 3. The supplier is well qualified by virtue of experience and resources, including personnel, to carry out the proposed plan; 4. The price asked is reasonable and is within the project’s budget. Price can be negotiated. Protest Procedure for Request for Proposals 1. Changes to RFP will be made by addendum. This addendum shall be mailed so as 134 Page | 20 to be received by potential bidder no less than five (5) days before the proposal due date. 2. Requests for clarification, changes, or protests of the Request For Proposal must be received by the City in writing not less than ten (10) days before the proposal due date. 3. Any approved clarifications, changes, or protests to the RFP shall be sent to all proposers. 4. The City’s replies to requests under #2 above will be sent at least seven (7) days before the proposal due date. 5. A proposer desiring to protest an award of RFP or any portion of the RFP Procedure shall: A. File a protest in writing to the City of Ithaca Project Manager for this procurement, stating the nature and basis of protest. This protest may cover pre-award, award and post-award phases of procurement, but must be filed no later than thirty (30) days from the date of the City of Ithaca awarding notice. B. Following the receipt of the written protest, the applicable Department Head or designee, Controller’s Office designee and project manager for the procurement shall meet with the aggrieved proposer(s) within five (5) days of receipt of protest, and attempt to resolve the problem. C. If this meeting is unsuccessful in resolving the protest, the matter shall be sent to the City Attorney for resolution. D. If the matter is still unresolved, the protest will be sent to the applicable City Board, Commission or Council for decision. The decision of the applicable Board is final. E. The formal record of the dispute resolution process shall be the minutes of the Board, Committee or Council meeting. 135 Page | 21 FEDERAL PURCHASING REGULATIONS Any purchases to be made using State or Federal funding must be completed and monitored according to the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Award (2CFR 200). A link to the CFR can be found below: https://www.govinfo.gov/app/details/CFR-2025-title2-vol1/CFR-2025-title2-vol1- part200 All Federal Grant usage within the City of Ithaca is subject to these policies and procedures due to the fact that the City of Ithaca exceeds the annual threshold for this requirement. For the purchasing of goods and services using Federal funding, all City of Ithaca Purchasing Policies and Procedures are to be followed. In addition, the following procedures must be followed: 1. Vendors must be vetted using the U.S. Federal Government’s System for Award Management (SAM) before the purchase and/or contract is completed. Vendors must be run through this system before each purchase to ensure that they are not suspended or debarred from federally funded transactions. If a department is going to make a purchase using Federal funding, they must notify the Controller’s Office and request a vendor check before the purchase is made. All vendors will be required to register on the SAM website. The SAM website may be accessed at https://sam.gov/assistance-listings 2. Bonding Requirements (when required to comply with 2 CFR Section 200.326) for work performed are as follows: a. Bid Bond 5% of total bid b. Performance Bond 100% of total bid c. Payment Bond 100% of total bid It is the responsibility of the requesting Department Head to ensure that all Federal Purchasing Regulations are followed for the purchase and the monitoring of contractor performance as a result of that purchase. 136 Page | 22 CURRENT PURCHASING PROCEDURES GENERAL PROCEDURES A. With the exception of those purchases made under blanket purchase orders and/or emergency purchases (as provided above) or emergency situations (those requiring immediate action), only the person designated by the City Manager and the Common Council as Purchasing Agent (or designee) may commit the City for a purchase. B. The material, equipment, supplies and/or services to be purchased shall be of the quality and in the quantity required to serve the function in a satisfactory manner, as determined by the requisitioner and the Controller’s Office (or designee). 1. When purchasing, the City must consider the following factors in determining the vendor to be selected: 1. Price 2. Quality (durability of goods and equipment) 3. Benefits vs costs 4. Contracting out or in-house work 5. Lease or buy 6. Buying goods that save and /or enhance our environment 7. Buying energy-efficient items 8. Maintenance costs and down time It is the responsibility of the requisitioner to provide an adequate description of items needed so that the Controller’s Office (or designee) may be able to prepare the specifications to procure the desired commodity and/or service. The requisitioner will assist the Controller’s Office (or designee) in the preparation of specifications. Standard supply lists of commonly used items shall be jointly developed for all categories or groups of supplies by the Controller’s Office (or designee) and the appropriate requisitioners. These lists shall be used as a basis for requisitioning. A. It is the responsibility of the Controller’s Office (or designee) to make alternative suggestions to the requisitioner if, in the judgement of the Controller’s Office (or designee), the specifications would restrict competition or otherwise preclude the most economical purchase of the required items. In the case of disagreement as to the content of the specifications, the Common Council, after reviewing all available data, will make the final decision. B. When a low bidder proposes an alternative as an “equal” to that specified, it is the responsibility of the Controller’s Office (or designee) in conjunction with the department head involved to determine whether the proposed substitution is, in fact, an equal. 137 Page | 23 C. All bids for the City of Ithaca shall be required to include a Bid Sheet which lists: vendor bidding; subject of bids; date of bid opening; detail of bid made including item #, quantity, description, net unit price and net extension price of each item bid, delivery time, and the Waiver of Immunity Clause and Non -Collusive Bidding Certification. The Bid Sheet, Waiver of Immunity Clause and the Non-Collusive Bidding Certification must be signed by the bidding vendor to be considered for award. D. Bid files shall be maintained by the Controller’s Office and shall include bid specifications and drawings, bid tabulation sheets, bids, award letters, and other appropriate documentation as deemed necessary. E. In cases of tie bid between two or more responsible bidders furnishing the required security, the officer, board or agency may award the contract to any of such bidders. The bids can also be rejected and re- advertised. PURCHASE ORDERS – CURRENT The primary usage of the Purchase Order (P.O.) is to reserve budget funds for the requested purchase. The P.O. is also one method used by the City to document and pay for the purchase of a commodity, good, or equipment. The Purchase Order form serves as the primary record indicating that materials and or services were received and that payment for such purchases can be made. HOW TO USE THE PURCHASE ORDER In all purchases over $2,000, the purchase order must be created in order to reserve the funds for that purchase within the department’s budget. Then the voucher form, a separate procedure, is sent to the vendor for acknowledgment of the purchased goods. After the purchase is received, a voucher form signed by the vendor and Department Head is submitted to the Accounts Payable Coordinator for payment. Purchase orders will be entered into the computerized system by the on -line departments or appropriate City personnel. These purchase orders, depending on dollar value, must comply with previously stated authorized limits and controls. The purchase order system has been designed not to allow purchase orders written without available funds in the applicable account. Purchase orders will be printed off the computerized system and will be approved for purchase as follows: Dollar Value Process $1 – 1,999 No purchase order needed (but can be used if required by vendor; obtained and approved by Controller’s Office (or designee) or Accounts Payable Coordinator or designee. Purchase order approved for appropriate purchase, dollar value, and funds 138 Page | 24 available in account) $2,000 and greater Purchase order obtained and approved by Controller’s Office (or designee) or Accounts Payable Coordinator or designee. Purchase order approved for appropriate purchase, dollar value, and funds available in account. The purchase order is a form, which is developed and distributed by the Controller’s Office, which is routed as follows: Cancellations: If for some reason an order is cancelled a copy of the PO and copies of any correspondence should be returned to the Finance Department. This procedure should also be done for partial cancellations. Blanket Orders: A blanket purchase order is a purchase order made out to one particular vendor for a specific dollar amount, to be used on an as-needed basis when there is no provision to maintain an inventory. Blanket purchase orders eliminate the need to issue separate purchase orders for items purchased frequently from the same vendor. The amount a blanket purchase order is made out for and the length of time it will remain in effect will be determined by the respective department head in conjunction with the City Controller. Departments must keep a record of their purchases made against the blanket purchase order to ensure that they do not exceed the amount allowed on the purchase order. Any over-expenditure, depending on the circumstances, may not be approved by the Department Head for payment. If it is determined that a blanket purchase order may not be sufficient to cover all purchases to be made in the designated time period, the department should notify the City Controller immediately. When orders are delivered or picked up the receipts, delivery slips or other documents transmitted by the vendor will be signed by the individual receiving the order. The blanket purchase order number will be placed on the documents which will be kept on file within requesting department. If a blanket purchase order dollar amount is exceeded, a new blanket purchase order should be generated. PROCUREMENT DELIVERY/PAYMENT PROCESS (Bid/Non-Bid Purchases) After the award of a contract and/or the selection of a vendor: A Contract, if applicable, is to be developed by the appropriate department and executed in accordance with the contract approval process. 139 Page | 25 The Requisitioning Department will inspect and accept the delivery, unless the nature or complexity of the purchase requires the inspection by the City Controller’s Office (or designee). Any errors or damages in the delivery will be reported to the vendor by the requisitioning department. Consistent or unresolved problems are to be brought to the attention of the Controller’s Office (or designee) where the matter will be addressed and resolved. VOUCHER PROCEDURE Every purchase, either a purchase of commodities, professional services or public works requires a voucher to be attached to all purchasing documents (i.e. P.O.) in order to confirm payment. The voucher document serves two purposes. The first is to serve as a cover sheet for all documents involved in a single purchase. The second purpose is to provide a form for processing claims for payment. When properly filling out a voucher, it will provide a brief summary of every component of the purchase. All invoices will be sent to the requisitioning department by the vendor. The requisitioning department, will properly complete the voucher, including: department; Purchase Order number, if any; claimant’s name and address; fund appropriation; description of services, and amounts. The voucher and applicable invoice will then be signed by the requisitioning department head(s), and sent to the Accounts Payable Coordinator for audit and payment. The Controller’s office has sole authority to determine if a voucher is properly completed. The Accounts Payable Coordinator will develop the audit abstract based upon vouchers and invoices received prior to the audit. The vouchers and invoices must be properly completed, signed and have appropriate documentation to be included in the audit. The vouchers and invoices must be received by the Accounts Payable Coordinator one week prior to the audit dates. Vouchers and invoices that miss the audit abstract will be held over to the next available audit date. Emergency payments will be limited and only approved by the Controller’s Office. A manual check will be written if necessary. Once the audit abstract is developed, it is then forwarded to the Controller’s Office for audit approval. After the signed audit approval, the abstract is sent back to the Accounts Payable Coordinator for payment. Audits are performed as follows: DPW, Water and Sewer and Joint Activity every two weeks; Fire Department every two weeks; and Common Council, which includes all other departments, every two weeks. Holidays may change audit schedule slightly. A “clean-up” audit shall occur at the end of every fiscal year. A copy of the audit abstract is sent to the appropriate body for review. Audit questions should be brought to the attention of the Controller’s Office. 140 Page | 26 CONTRACTS Contracts shall be required to have proper signatures per the City’s Contract Approval Process. It is the responsibility of the procuring department to circulate contracts on a timely basis to be sure all required signatures are received. Contracts must have all applicable signatures prior to commencement of the work or service. Contract payments will be held by the City, if the applicable signatures and/or contract information is not in the contract. The contract must be properly executed. If amendments to contracts are needed, additional work cannot begin until all required signatures or initials are present on the contract. CONTRACT PROCEDURE: Why is a Contract Necessary? If your purchase is either labor intensive, or is a very complex purchase of equipment or another good, then you should make sure to use a contract during your purchasing process. The purpose of a contract is to ensure that both parties in the transaction agree to negotiated terms and that such document is legally abiding and approved by the City Attorney. Developing a Contract The following rules and guidelines should be kept in mind while developing the contract for your purchase. a. Standard contract templates can be obtained from the Attorney’s office and are also available on the “Q” drive within the City Attorney’s folder of the City’s Computer Network. b. Contracts shall be required to have the proper signatures according to the City’s Contract Tracking Procedures prior to the provision of product, work, or service. c. It is the responsibility of the Primary Contract Monitor to circulate contracts on a timely basis to be sure that all required signatures are received. Contract tracking is accomplished through an internal OpenGov portal which may be accessed here: https://ithacacityny.workflow.opengov.com/#/create/form/14171 See appendix. d. Contract payments will be held by the City, if the applicable signatures and/or contract information is not in the contract. e. If amendments to contracts are needed, additional work cannot begin until all required signatures or initials are present on the contract. Developed contract is then sent to the Attorney’s Office for review and approval. Allow up to four (4) weeks for the Attorney’s Office approval. Appropriate Board and/or Council resolution to execute contract should be made, if applicable. 141 Page | 27 Once approved by Attorney’s Office and appropriate Board or Council where necessary, the contract is then sent to vendor for signature. Other appropriate signatures will then be needed as per the Contract Approval Policy. Three copies of contracts should be made. One copy to Clerk’s Office for official filing, one copy to vendor, and one copy to remain in Department. Electronic signatures are authorized where appropriate, and copies may be stored electronically for most contracts; paper copies and wet ink signatures are required only in limited circumstances.. City contracts should have the following information included at a minimum: 1. Date of contract; 2. Parties of contract, including names, addresses and social security numbers, where applicable; 3. Detailed schedule of services to be provided by the contractor; 4. Payment amount in a “not-to-exceed” format. No open-ended payment contracts will be approved. 5. Insurance documentation, including workers’ compensation and disability coverage. Certificate of insurance if required. 6. Relationship of contractor to City (fringe benefit clause); 7. Termination of contract language; 8. Hold harmless wording; 9. Anti-discrimination wording; 10. Applicable signatures by City and contractor. Standard contracts can be obtained from the City Attorney’s Office. CONTRACT APPROVAL POLICY The City Policy for approval and execution of City Contracts is established as follows: A. Contracts for amounts less than $500, when prepared on a boiler plate form contract developed by the City Attorney, shall require approval of signature of both the Department Head giving rise thereto, and of the City Controller for availability of funds. Any deviation from the approved form requires review and approval by the City Attorney. B. Contracts of $500 or more but less than $10,000, shall require all the approvals disclosed in A. above, plus the approval of the City Attorney in all instances. C. Contracts in the amount of $10,000 or more shall require all approvals presented heretofore in clauses A and B above, plus the approval of the City Manager, as the binding legal signature on behalf of the City, and the Mayor, as the legislative check on said approval. 142 Page | 28 MISCELLANEOUS PROVISIONS APPLICABLE TO ALL PROCUREMENTS NEW YORK STATE CONTRACTS Purchases shall be made, to the extent practicable, through: available New York State contracts of the Office of General Services, Division of Standards and Purchase; Department of Correctional Services; New York State Industries for the Disabled; Industries for the Blind of New York State; and surplus and second-hand purchases from another governmental entity, whenever such purchases are in the best interest of the City. The State Contracts can be obtained on the New York State Website at the following address: http://www.ogs.state.ny.us. Click on Procurement Services; click on Search State Contract Award notices, and look up information by using key word search or contract group number. If a State Contract exists for the desired item, the State Contract should be the primary source, unless reasoning can be provided to select a different vendor. State List of Debarred Vendors - In addition to a vendors list, there is also a Debarred Vendors List. This list contains the name of businesses that are disapproved of hiring due to poor service, failure to comply, or difficulty shown in cooperating. Before moving forward with a purchase, you should regularly check the Debarred Vendors List in order to ensure that the businesses that you intend to compare price quotes with are not on this list. So, be sure to review the state list of debarred vendors. If the vendor who you plan to purchase from is on this list, you should not purchase from that vendor. This list can be found in the Controller’s Office. PROPERTY RECORDS The Deputy City Controller, in conjunction with appropriate City Staff, shall establish a procedure for maintaining an up-to-date property and inventory record of all equipment, except expendables, held by the City and for the disposal of obsolete surplus or non - movable materials, supplies, and equipment. CONFLICT OF INTEREST No official or employee of the City shall be interested financially in any purchase or contract secured by the City. This also precludes acceptance of gratuities, financial or otherwise, by the above persons, from any supplier of materials, supplies, equipment, or services to the City, the sharing of bids, or specifications with potential bidders prior to the competitive process, and assisting a supplier or firm to win a contract award prior to or during the competitive process. FEDERALLY FUNDED PURCHASING CONFLICT OF INTEREST STATEMENT No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents can neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. If the financial interest is not 143 Page | 29 substantial or the gift is an unsolicited item of nominal value, no further action will be taken. However, disciplinary actions will be applied for violations of such standards otherwise. The City Controller’s Office or designee shall develop a procedure for review of procurement practices or activities upon receipt of an inquiry or allegation of violation of this policy following its adoption. MINORITY AND WOMEN OWNED BUSINESS To the extent possible, the City of Ithaca will encourage contracts with minorities and women-owned businesses, and the City will not discriminate against contractors because of race, creed, color, national origin, sex, age, disability, or marital status, or sexual or affectional preference and will continue existing programs of affirmative action to ensure that minorities are afforded equal opportunities without discrimination. EXCEPTIONS TO GENERAL PURCHASING STANDARDS Internal control involves not only compliance with required purchasing procedures, but also affects the paperwork necessary. “Over-papering” can ruin the effectiveness of the system almost as quickly as non-compliance. The authorized dollar limits, requirements of quotations, and utilization of purchase orders are waived for the following exceptions, established upon a determination of operational efficiencies and economics: 1. Purchases under $500 2. Office supply orders 3. Petty cash reimbursements 4. Utility Bills 5. Maintenance, Repairs and Parts (up to $5,000) 6. Interdepartmental Charges 7. Postage Costs 8. Memberships & Dues 9. Subscriptions 10. Mileage, Travel, Conference reimbursements 11. Other expenses determined by the purchasing agent or designee on an individual basis. EMPLOYEE FRAUD Policy Statement: An act of fraud is committed if an employee of the City negotiates a personal procurement by fraudulent use of a City requisition number, purchase order number or procurement card. If an employee claims a purchase is on behalf of the City of Ithaca, when in fact the purchase was made solely for personal use, an act of fraud has been committed. By making a personal procurement from State Contracts, an act of fraud has also been committed. By committing an act of fraud, the employee is subject to disciplinary action and/or 144 Page | 30 prosecution. BUY LOCAL POLICY On March 7, 1979 the Common Council passed the following resolution regarding a “buy local” policy: RESOLVED, That this Common Council establishes the policy that all City agencies and departments will purchase supplies, materials, and equipment within the City of Ithaca pending availability of comparable quality and price. ENVIRONMENTALLY PREFERABLE PURCHASING It is the policy of the City of Ithaca to require purchase of products and services that minimize environmental and health impacts, toxics, pollution, and hazards to worker and community safety and to the larger global community to the greatest extent practicable; however It is not the intent of this policy to require a department, buyer or contractor to take any action that conflict with local, state or federal requirements or to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. Environmentally Preferable Purchasing is an important component of this policy, effective December 19, 2011, and will guide City efforts to meet the following goals: • minimizing health risks to City staff and residents, • minimizing the City’s contribution to global climate change, • improving air quality, • protecting the quality of ground and surface waters, and • minimizing the City’s consumption of resources. Further, Environmentally Preferable Purchasing is adopted and encouraged by the City in order to: • purchase products that include recycled content in order to support strong recycling markets, • institute practices that reduce waste by increasing product efficiency and effectiveness, use products that are durable and long-lasting, and reduce materials that are landfilled, • purchase products and institute practices that conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, and use recycled wood and wood from sustainably harvested forests, • purchase energy from renewable or green sources in preference to fossil fuels, • purchase products that are free of mercury and lead and eliminate the use of other persistent bioaccumulative toxic chemicals where possible, • increase the use and availability of environmentally preferable products, services 145 Page | 31 and distribution systems that protect human health and the environment, • support emerging and established manufacturers and vendors that reduce environmental and human health impacts in their services and production and distribution systems, and • create a model for successfully purchasing environmentally preferable products and services that encourages other buyers and consumers in our community to adopt similar goals. Specifications for Environmentally Preferable Purchasing A. Source Reduction: The City of Ithaca shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality. City departments shall purchase remanufactured products (i.e. for equipment and vehicles) whenever practicable, but without reducing safety, quality or effectiveness. Products that are durable, long lasting, reusable, refillable, recyclable or otherwise create less waste shall be selected whenever possible. Vendors shall be required to minimize packaging to the greatest extent practicable. Packaging that is reusable, recyclable or compostable shall be selected when suitable uses and programs exist. The City shall not purchase any polystyrene foam food packaging. Vendors shall be required whenever possible to take back and reuse pallets and packaging materials. Suppliers of electronic equipment shall be required to take back equipment for reuse or environmentally safe recycling when the City discards or replaces such equipment, unless the City deems it worthwhile to send the equipment to a non-profit organization for reuse. ALL documents shall be printed and copied on both sides to reduce the use and purchase of paper, unless needed to be single sided as per legal requirements. The Information Technology staff shall provide guidance to City departments and staff for setting duplexing as the default on each workstation, when feasible, or train employees to use this option, for all capable printers. B. Toxics Reduction and Pollution Prevention: City departments shall purchase energy-efficient products and consider "less toxic alternatives" when purchasing products such as cleaning products, pesticides and herbicides. To the maximum extent practicable, all cleaning or disinfecting products (i.e. for janitorial or automotive use) shall (i) meet Green Seal Standards for environmental preferability and performance, (ii) be products delineated on the NYS OGS Green Cleaning Product List, or 146 Page | 32 (iii) meet NYS OGS guidelines and specifications for green cleaning products. When contracting with new supply vendors, the City shall encourage training of its janitorial staff. Purchasing products containing persistent bio-accumulative toxic chemicals (PBTs) shall be avoided, where alternatives exist. When maintaining buildings and landscapes, the City shall manage pest problems through prevention and physical, mechanical and biological controls and use least toxic chemical pesticide products only after safer approaches or products have been determined to be ineffective. When maintaining buildings, the City shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when purchasing materials such as paint, carpeting, flooring, adhesives, furniture and casework. The City shall purchase products and equipment with no lead, cadmium or mercury whenever possible. For products that must contain lead or mercury because no suitable alternative exists, preference shall be given to those products with the lowest quantities of these metals and to vendors with established lead, cadmium and mercury recovery programs. The purchase of all pentachlorophenol, arsenic and creosote treated wood is prohibited. When replacing vehicles, the City shall lease or purchase only the most fuel -efficient models available that are suitable for each task and through carsharing and carpooling, shall minimize the number of vehicles purchased, as referred to in the “Green Policy for the City of Ithaca Fleet”. To the extent practicable, the City shall use renewably - derived fuels or fuels that are cleaner and less-polluting than gasoline and conventional diesel fuel, including biodiesel, natural gas and electricity. C. Recycled Content Products: It is the policy of the City to purchase and use recycled products to the extent that such use does not negatively impact health, safety, or operational efficiency. A 10% price preference may be given to recycled content products based on the lowest bid or price quoted by the suppliers offering the competing non -recycled content products. All products purchased for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standard. These guidelines can be obtained at the U.S. EPA Website at the following address: http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products. 147 Page | 33 City departments will favorably consider the selection of other recycled content and renewable materials, products and supplies over their non-recycled content and non- renewable alternatives whenever availability, fitness, operational efficiency, quality, safety, and price are equally acceptable. The list of materials, products and supplies shall include, but not be limited to, business office products, compost, fuels, mulch, asphalt, transportation products (e.g. signs, cones, delineators, and barricades), and other items. All pre-printed recycled content papers intended for distribution that are purchased or produced shall contain a statement that the paper has recycled content. Whenever feasible, the statement should indicate the percentage of postconsumer recycled content it contains. D. Energy and Water Savings: New and replacement equipment for lighting, heating, ventilation, refrigeration and air conditioning systems, water consuming fixtures and process equipment and all such components shall meet or exceed Federal Energy Management Program (FEMP) recommended levels, whenever practicable. All products purchased by the City and for which the U. S. EPA Energy Star certification is available shall meet Energy Star certification. When Energy Star labels are not available, products shall meet or exceed the FEMP recommended levels. When energy is purchased, renewable or green sources are preferred. These include solar power or photovoltaics, wind power, geothermal, and hydroelectric energy sources and do not include fossil fuels (coal, oil or natural gas). Demand water heaters shall be purchased whenever practicable. Energy Star and power-saving features for copiers, computers, monitors, printers and other office equipment shall be enabled during the initial installation and shall remain enabled unless these features conflict with the manufacturer’s recommended operation and maintenance of the equipment, or its specific operational use. E. Landscaping: All landscape renovations, construction and maintenance by the City, including workers and contractors providing landscaping services for the City, shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grasscycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food waste programs. Plants should be selected to minimize waste by choosing species for purchase that are 148 Page | 34 appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred. Hardscapes and landscape structures constructed of recycled content materials are encouraged. The City shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways. When available, the City shall purchase landscaping equipment that is not dependent on the use of fossil fuels. F. Forest Conservation: To the greatest extent practicable, the City shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, the City shall give preference to wood and wood products that are certified to be sustainably harvested by a comprehensive, performance -based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification. Implementation - Department heads shall implement environmentally preferable purchasing practices, in accordance with this section of the policy, in coordination with the Controller’s Office and other appropriate City personnel. Whenever possible, the City will use recognized eco-labels and standards to make purchasing decisions. Wherever feasible and appropriate, life cycle cost analysis should be used by City departments and staff to assist in selecting products and services. "Cost" shall be calculated over the life of the item and should consider initial acquisition costs, useful life, costs of maintenance and operation over the useful life, and costs of disposal and/or replacement at the end of the useful life, rather than initial acquisition costs alone. Successful vendors or bidders shall certify in writing that the environmental attributes claimed in bids or price quotes are accurate. Although not the lowest proposal or price quoted by suppliers, City departments and staff may nonetheless purchase a product that adheres to the environmentally preferable purchasing specifications stated in this Section, if there is "prudent and economical use of public moneys in the best interests" of City taxpayers. Such determination of "best interests" may include full consideration and comparison of product life cycle costs (including product maintenance, operation and disposal costs), as described above. A further consideration may include direct and identifiable benefits to taxpayers, other than 149 Page | 35 product cost (for example, the cost of permeable pavers might exceed the cost of asphalt paving, yet the use of permeable pavers could mitigate storm water run -off and reduce the potential for flooding and infrastructure damage in low-lying areas). Justification for a determination of "best interests" shall be documented by City departments and staff and submitted to the Controller’s Office prior to the purchase of products or services. If the buyer making the selection from competitive bids or the requesting department seek to purchase products that do not meet the environmentally preferable purchasing criteria in this Policy, the buyer shall provide a written justification to the Controller’s Office (or designee) for why compliance is not practicable, e.g., the product is not technically practical, economically feasible, or available within the timeframe required. Vendor contracts shall be negotiated in light of the requirements of this policy. If a vendor that is under contract to the City of Ithaca is no longer able to provide a product that meets the City’s environmentally preferable specifications, it shall notify the appropriate city representative and provide written justification for why compliance is not practical. Prior written consent from an authorized City representative shall be required before substituting any alternative product or service. Training of buyers and other relevant city staff, vendors, contractors and grantees shall include instruction on the environmentally preferable purchasing requirements of the Policy. The DPW Stock Room has made significant efforts to implement an environmentally preferable or green purchasing program for most cleaning and janitorial products supply. All City departments are encouraged to order and purchase such products through the Stock Room, to the extent practicable. SWEATSHOP-FREE PROCUREMENT Effective January 1, 2012, the City of Ithaca and every department and division within the City government shall take all steps within its authority to ensure that, whenever possible, City purchases of apparel or textiles, in excess of $1,000, are from contractors or suppliers confirmed to be “sweatshop-free” – i.e., whose products are confirmed by a credible, independent source to be manufactured or assembled without violating the wage and hour, labor, safety, health, environmental, building, fire, or anti-discrimination laws, rules, codes, regulations or standards that are applicable in the country of manufacture or assembly, or that are contained in the International Labour Organization (ILO) Core International Labour Standards (whichever is stricter). POLICY ON SWEATSHOP-FREE PROCUREMENT OF APPAREL AND TEXTILES Any purchasing contract for the procurement of apparel or textiles shall comply with all applicable federal, state, and local laws and regulations, including the City of Ithaca Purchasing Policy and Chapter 39 of the Municipal Code of the City of Ithaca. 1. To the extent allowed under General Municipal Law, Section 103, the City of Ithaca and its departments shall only purchase apparel or textiles confirmed to be sweat -shop free, as those terms are defined herein, unless: 150 Page | 36 a) The Controller certifies that no confirmed sweatshop-free apparel or textiles are available and that the acquisition of the apparel or textiles sought is essential or time-sensitive, the contracting agency may select a supplier that is not confirmed to be sweatshop-free; or b) The purchase of apparel or textiles is for less than $1,000. 2. For purposes of this revision, “sweatshop-free” shall refer to apparel or textiles that are manufactured or assembled without violating laws, rules, codes, regulations or standards regarding wage and hour, labor, safety, health, environmental, building, fire, or anti-discrimination, that are applicable in the country of manufacture or assembly, or that are contained in the ILO Core International Labour Standards (whichever is stricter). 3. Apparel or textiles may be confirmed to be sweatshop-free by: a) Certification or otherwise credible data, information, or reports submitted to the City Controller from the Sweatfree Purchasing Consortium or its agency members; b) Certification or otherwise credible data, information, or reports submitted to the City Controller from another comparable independent monitoring organization as selected by the Common Council or its members; or c) Self-certification by affidavit of the supplier or vendor that the apparel or textiles are sweatshop-free, provided that such certification is not contradicted by credible information received by the City Controller. 4. As a member of the Sweatfree Purchasing Consortium, the City will receive information from the Sweatfree Purchasing Consortium regarding manufacturers, contractors, subcontractors, suppliers, or vendors found to have violated human rights or labor standards. The City Controller shall advise Department Heads of violation information from the Sweatfree Purchasing Consortium, and Department Heads shall provide such information to all staff in a position to purchase City-required apparel. 5. The City encourages its officials and staff to strive to uphold the standards of the City Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles, in making purchases of work-related apparel. COOPERATIVE PURCHASING The City Manager, upon the consultation and advice of the City Attorney and the City Controller, may authorize the City to enter into purchasing cooperative agreements with other governmental entities or political subdivisions where there is no fee to the City to become a member, and where the cooperatives and their underlying bidding procedures meet the requirements of General Municipal Law §103. 151 Page | 37 AUTHORIZED EQUIPMENT LIST POLICY For equipment purchases under $500, the department head will submit the equipment request to the Controller’s office for review and approval. SALE OF SURPLUS PUBLIC EQUIPMENT POLICY When public equipment is sold by the City, the following procedures must be adhered to: 1. Equipment deemed surplus by a City department must be surplus to all City departments. Departments must check with other City departments to determine if another department can use the surplus equipment. If another department can use the equipment, the appropriate transfer of equipment, accountability and financial activity will be made by the departments and the Controller’s office. 2. If the equipment is deemed City surplus, City-wide, the equipment may be sold or placed in a City auction for sale. 3. Selling Procedure: Department establishes specifications of equipment for sale and a sealed bid equipment sale is performed through the City Controller’s Office. The sale must be advertised in the City’s official newspaper and sealed bids must be received. The sale of equipment will be awarded to the highest bidder. Cash or certified check will be accepted by the City. The proceeds of the sale will be placed into the appropriate City fund and account. 4. Equipment, deemed surplus, can also be placed in a city or municipal auction. The proceeds of the sale will be placed into the appropriate City fund and account. WICKS LAW Separate specifications for contracts involving the erection, construction, reconstruction, or alteration of buildings, when the entire cost of the work exceeds $500,000, shall be prepared for the following work to be performed: A. Plumbing and gas fitting; B. Steam heating, hot water, ventilating and air conditioning apparatus (HVAC); C. Electric wiring and standard illuminating fixtures; D. General Construction. These specifications shall be written as to permit separate and independent bidding for each of the four areas of work. Building requirements as explained earlier in this document will pertain to each bid. EMPLOYEE TRAVEL On occasion, an employee may be required to travel out of the City for City business. 152 Page | 38 When this occurs, the employee will be reimbursed travel expenses. Process Travel by an employee must be approved by Department Heads. Once approved, a Travel Authorization Request form must be filled out. The Travel Authorization Request form should contain the following information: Name and Title of Employee, Department, Account to be Charged, Destination (city/town) and Purpose of Travel, Dates of Travel, Estimate of Transportation Cost Information (whether it be by City or personal vehicle, plane, etc.), Estimate of Lodging Costs, Estimate of Meals Costs, Registration Fees, if applicable, Total Cost of Travel, Current Budget Balance of account to be charged, and Signature of Department Head Two copies of the Travel Authorization Request form are to be submitted to the Controller’s Office at least two (2) weeks prior to travel. The Controller’s Office will then review the request and the account to which the travel will be charged. If the budget allows for the expense, the Controller’s Office will sign both copies and return one copy to the requesting department and forward the other copy to the Accounts Payable Coordinator. Once approved, the requesting department will proceed with a purchase order and voucher as required within the purchasing policy. Employee Responsibility It is the responsibility of the employee to retain all receipts during the time of travel. Receipts shall be itemized. Credit Card receipts showing the total of a purchase will not be accepted. Upon return of the employee, a voucher may be used with receipts attached, to receive reimbursement of the expenses. Gratuities (up to 20%, pre-tax), taxes on meals and tax on gasoline for City vehicles will be refunded to the employee. If a private vehicle is used, mileage will be reimbursed at the current IRS rate. The City will not reimburse expenses for movies viewed in a hotel, alcohol or tax on alcohol for any reason. CREDIT CARD POLICY Credit Cards are issued by name to individual employees and generically to Departments and cannot be transferred to, assigned to, or used by anyone other than the designated employee. As the liability for the Credit Card resides with the City and not the cardholder, use for personal purchases is strictly prohibited. 153 Page | 39 In addition, the Credit Card cannot be used for certain restricted items as indicated in the “Unauthorized Card Use” section of the Policy/Procedures manual. Fraudulent and/or misuse of the card is grounds for cancellation of Credit Card privileges and may lead to disciplinary action, up to and to include termination of employment. Any IT purchases must be approved in writing by the IT Director. The Department Head is responsible to closely audit all Credit Card transactions for the department. The Controller’s Office will perform periodic audits of Credit Card transactions. The Controller, as fiscal officer of the City, is the only position authorized to enter into a credit card agreement. The City Controller provides final approval to all Credit Card applications after the applicant signs the cardholder agreement form. A more detailed Credit Card Policy is distributed to cardholders at the time the card is given to the employee or Department and provides additional guidance on allowed and unallowed purchases. This policy shall be effective August 5, 2026,September 3, 2025, and will be reviewed annually by the Controller’s Office for possible changes and amendments. All changes and/or amendments to the purchasing policy must be approved by Common Council. 154 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Mayor Robert Cantelmo DATE:August 5, 2026 RE:Appointment To the Community Police Board ITEM #:9.1 MEMORANDUM Adam Chandler is being appointed to the Community Police Board with a term ending 12/31/2026 ATTACHMENTS: Mayoral Appointment To The Community Police Board.pdf 155 August 5th 2026 Common Council Mayoral Appointment To The Community Police Board RESOLVED, that Adam Chandler is hereby appointed to the Community Police Board as a replacement appointment to a vacant seat, with a term ending December 31, 2026. 156 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Dominick Recckio, Acting City Manager DATE:August 5, 2026 RE:City Manager's Monthly Report- August 2026 ITEM #:10.1 MEMORANDUM Council Discussion ATTACHMENTS: 08_05_CM_Report_Ltrhd (1).pdf 157 MEMORANDUM Date: August 5, 2026 To: Common Council CC: Department Heads From: Dominick Recckio, Acting City Manager RE: City Manager’s Report to Council Common Council, I am pleased to provide this monthly report and look forward to answering any questions you may have. An ongoing thanks to the many colleagues at the City who make these outcomes possible. • Vacancy Report  The monthly vacancy report is attached as an addendum. • Financial Report  In the financial report attached to this document, please find year-to -date actuals from the last available full month (June). • Budget Kickoff and Capital Planning  Following the adoption of Council’s budget guidance internal budget dialogues have begun. The Controller and I have sent guidance to departments and initial budget submissions are due in August. I am preparing Capital Project request guidance to go to department heads in the coming week.  The executive work plan is currently in draft form and has been circulated to Department Heads and the Mayor for feedback. It will be delivered to Council for the August 19 COW meeting with the hope of adoption in early September to support budget development. • FEMA Letter of Map Revision Response  After FEMA requested additional analysis from the City in response to our initial letter of map revision request challenging their flood insurance rate maps , staff and consultants from B&L reviewed the requests, met with FEMA representatives, and provided a written follow-up response on July 22. We are now awaiting another response from FEMA. 158 City of Ithaca 108 E. Green Street | Ithaca, NY 14850 | citymanager@cityofithaca.org | 607.274.6511 • Community Responder Program (ROOTS) and Community Justice Center  A detailed update will be provided to Council at the August 12 COW meeting.  Applications are open for ROOTS staff positions; interested individuals are encouraged to apply. The postings have garnered significant interest so far; we expect a strong pool of applicants.  The Community Justice Center Director is working with the Director of Organizational Development to finalize a ROOTS employee training program; they are currently examining training offerings to begin as soon as staff are on board.  ROOTS team policies and procedures are being developed in collaboration with IPD and other local agencies including the CARE Team, LEAD Program, and REACH Medical, in addition to examining other communities. • Seneca Street Parking Garage and Adjacent Sidewalks  Sidewalk scaffolding is installed. Additional netting must be placed due to new areas of concern being identified by the engineering consultant team. Scaffolding has been placed to support ADA compliance for TCAT's planned return to the block. • Organizational Development Program  Progress Update i. Since its establishment, the Organization Development program, as part of City Manager’s office, has focused on strengthening leadership, enhancing organizational effectiveness, building workforce capability, and modernizing City operations.  Key accomplishments i. Developed a 360-Degree Leadership Performance Evaluation Framework to strengthen leadership accountability, professional development, and continuous improvement. ii. Designed and delivered a customized up-skilling program, "Rewiring HR for the VUCA World," to build the strategic capabilities of the City's Human Resources function. iii. Developed and facilitated a City-wide Cultural Competence training workshop “Building Cultural Competence in the Workplace” to promote inclusive leadership, effective communication, and equitable public service. iv. Provided executive coaching and leadership development to department leaders and senior staff. v. Completed an organizational redesign proposal of the Department of Public Works, streamlining its structure through revised divisions and the 159 City of Ithaca 108 E. Green Street | Ithaca, NY 14850 | citymanager@cityofithaca.org | 607.274.6511 introduction of functional subdivisions to improve operational effectiveness and accountability. vi. Supported leadership alignment and team effectiveness within the Engineering Division through executive coaching and facilitated conflict resolution.  Current Initiatives i. The Department is currently advancing several strategic organizational initiatives, including: 1. Developing a Knowledge Continuity Program to preserve institutional knowledge by capturing and documenting critical tacit knowledge from retiring leaders. 2. Designing a Leadership Capacity and Workload Management workshop for senior leadership to improve prioritization, delegation, and organizational effectiveness. 3. Developing Standard Operating Procedures (SOPs) for the Engineering Division to improve consistency, efficiency, and knowledge transfer. 4. Designing a customized Systems Thinking Training program for the Ithaca Police Department to strengthen strategic decision-making and organizational effectiveness.  Strategic Priorities i. Over the coming two years, the OD program will focus on: 1. Aligning departmental vision and mission statements with the City's strategic direction and long-term organizational goals. 2. Expanding customized leadership, management, and workforce development programs across all City departments. 3. Establishing a City-wide Leadership Coaching Program for department heads and senior leadership. 4. Designing and launching the ROOTS Leadership & Workforce Development Program to strengthen organizational capability and leadership succession. 5. Leading a City-wide Change Management Framework to support departmental transformation, organizational alignment, and sustainable continuous improvement. 6. The program of Organizational Development continues to establish the foundational systems, leadership capabilities, and organizational practices necessary to support a high-performing, resilient, and continuously improving municipal organization. • Annual Paving Program Scope Reduced 160 City of Ithaca 108 E. Green Street | Ithaca, NY 14850 | citymanager@cityofithaca.org | 607.274.6511  The bid package for external road paving was issued late, resulting in only one bid received. That single bid was priced 40% higher than anticipated. The contracted paving work will not proceed this year as initially planned.  City crews will continue to work on paving projects for the remainder of the season and are currently on Cobb St. and Worth St.  The paving program scope will be broadened for 2027 with a new bid package to be released this coming November to ensure more competitive and timely resulting bids during the 2026 seasonal wind down. We will work to have the 2027 contract work start earlier in the season to take advantage of the entire construction schedule from roughly early April through mid-October (has been June/July in past several years). • Mid-Year Department Head Check-Ins  Department heads participated in individual mid -year check-ins. They were invited to respond to several questions about what we can be improving as an organization and as individuals, mid-year outcomes to highlight, and their relationships with one another and common council. Selected insights are compiled here for your information: i. Are there resources, tools, or approvals that you’ve been waiting on that I can help move forward? 1. There are needs to enhance our IT systems and software management/implementation. Potentially through more enterprise systems management and added capacity. 2. Addressing specific capital project and deferred maintenance issues within City facilities. 3. There are ongoing recruitment challenges for key positions; more resources should be made available to assist with recruitment and help fill key positions. 4. More inter-departmental information exchange and communication. ii. How do you feel your relationship with Council members and the mayor has been this year? 1. “Working on being more comfortable with council members, appreciating opportunities to get in front of them” 2. “Relationship is strong, Council is more agreeable in demeanor and more committed to working as one organization” 3. “Cautious optimism” 4. “More touchpoints would be helpful” 5. “Generally well” 6. “(staff) Focus on delivering factual, concise, direct information in a patient way has helped produce better results.” 7. “Managing through disagreements, more productive than before.” 8. “Improved over time” 9. “Challenges creating new relationships when council turns over (new members)” 161 City of Ithaca 108 E. Green Street | Ithaca, NY 14850 | citymanager@cityofithaca.org | 607.274.6511 10. “It is hard when criticism is public” iii. What metrics or outcomes are you proudest of? How can we highlight those to peers, the public, or other stakeholders? 1. Departments are proud of their people and the difference that they make in the community. 2. It is clear that more effort is needed to communicate accomplishments more broadly to stakeholders and the general public. There needs to be more proactive storytelling and communications around the good work of the City. 3. Several departments cited improved internal departmental culture, collaboration inside and with other departments, and trust building with other departments. General movement away from “that’s how it’s always been done” type-thinking. 4. Grant awards to the City were cited by several departments, including New York State funding for programs/projects, other outside grants, and the Downtown Revitalization Initiative. 5. Specific additional outcomes mentioned include: a. Increased volume and quality of public communication and number of ways to reach the public (newsletters, etc.) b. City Website upgrades and re-launch c. Launch of Housing Development Dashboard d. Launch of Building Complaint form for habitability concerns, exterior property maintenance issues, and building code violations e. Increased development and efforts toward reaching housing goals, with several reforms already in place and significant housing developments in the pipeline f. Management of Asteri closure and reopening following notice of violation g. More comprehensive City budget kickoff process and presentation h. Cass Park Pavilion and Bathrooms Project over the finish line and under construction i. Identified and paying down $6.75M in short-term debt with more to go as work continues j. Consistency and increase in volume of employee performance reviews across the organization k. Response times to 911 calls for service l. Professionalism and empathy of first responders m. Crime analyst program n. Recent success with recruitment and hiring of police officers o. Newly established retail theft task force p. Newly implemented monthly financial reports q. Successful recruitment for Controller r. Launch of City Intranet site, with a movement of documents to a more central location s. Review of policy manual and update of outdated materials t. Seven City employees recognized in national award (Local250 Awards) 162 City of Ithaca 108 E. Green Street | Ithaca, NY 14850 | citymanager@cityofithaca.org | 607.274.6511 u. Launch of CivicPlus for FOIL requests, with the internal completion of over 500 requests in 5 months since launch. v. Expansion of City partnership with Cornell University, becoming a worksite for work-study students across 2 new departments in the City w. Kickoff of two faculty grant programs in partnership with Cornell University x. Adoption and implementation of City-Wide Planned Unit Development (PUD) overlay and education of stakeholders y. Reorganization of City Hall and DPW workspaces to promote collaboration and undo costly rental situation in adjacent building. z. Recruitment and hiring of City Clerk 163 Department - Position FTE Separation Date: Wages WFP BUDGET Fringe WFP BUDGET Compensation WFP BUDGET 2026 Hours Worked 2026 Wages Paid Wage savings for July Fridge Saving for July ATTORNEY - ASSISTANT CITY ATTORNEY 1 4/23/2026 $116,789 $46,715 $163,504 648 $36,244.86 $9,844 $934 CITY MANAGER - CITY MANAGER * 1 12/31/2025 $175,100 $44,803 $219,903 0 $0.00 $14,759 $896 DICE - CITY CLERK 1 7/1/2026 FUNDED $49,105 $14,113 $63,219 0 $0.00 $4,327 $0 DPW ADMIN - ADMINISTRATIVE COORDINATOR 1 7/31/2026 $74,092 $38,315 $112,407 1216 $43,149.36 $0 $0 DPW Engineering -ASSISTANT CIVIL ENGINEER 1 6/25/2026 $71,208 $56,249 $127,457 924 $36,013.24 $935 $0 DPW Engineering - ASSISTANT DIRECTOR OF ENGINEERING SERVICES 1 6/4/2026 $100,176 $65,803 $165,979 888 $42,603.59 $6,909 $0 DPW S&F - BUILDING AND GROUNDS MAINTENANCE WORKER 1 4/30/2026 $57,357 $56,161 $113,518 688 $18,899.24 $4,835 $1,123 DPW S&F - BUILDING MAINTENANCE AND SOLID WASTE SUPERVISOR 1 6/7/2024 $80,417 $36,860 $117,277 0 $0.00 $6,778 $737 DPW Engineering - DIRECTOR OF ENGINEERING AND CAPITAL PROJECTS 1 4/24/2026 $116,660 $69,209 $185,869 664 $37,098.77 $9,833 $1,384 DPW S&F - HEAVY EQUIPMENT OPERATOR 1 1/23/2026 $54,288 $33,349 $87,637 136 $3,536.00 $4,576 $667 DPW S&F - HEAVY EQUIPMENT OPERATOR 1 6/30/2024 $54,288 $33,349 $87,637 0 $0.00 $4,576 $667 DPW S&F - LIGHT EQUIPMENT OPERATOR 1 7/31/2026 $51,824 $53,958 $105,782 1216 $30,181.03 $0 $0 DPW S&F - LIGHT EQUIPMENT OPERATOR 1 7/30/2026 $51,824 $53,958 $105,782 384 $9,530.85 $199 $0 DPW S&F - LIGHT EQUIPMENT OPERATOR 0.65 4/27/2025 $51,824 $53,958 $105,782 0 $0.00 $4,368 $1,079 DPW S&F - MAINTAINER 1 12/20/2025 $51,824 $53,958 $105,782 0 $0.00 $4,368 $1,079 DPW S&F - MOTOR EQUIPMENT MECHANIC 1 1/20/2025 $54,288 $33,349 $87,637 112 $2,912.00 $4,576 $667 DPW S&F - MOTOR EQUIPMENT MECHANIC 1 10/21/2024 $54,288 $33,349 $87,637 0 $0.00 $4,576 $667 DPW S&F - MOTOR EQUIPMENT MECHANIC SUPERVISOR 1 10/23/2024 $56,940 $32,252 $89,192 0 $0.00 $4,800 $645 DPW ADMIN - SUPERINTENDENT OF PUBLIC WORKS 1 6/17/2026 $151,500 $80,661 $232,161 960 $69,655.17 $5,224.14 $0 DPW S&F - WORKING SUPERVISOR 1 4/3/2025 $57,838 $32,557 $90,395 0 $0.00 $4,875 $651 DPW S&F - WORKING SUPERVISOR -Sanitation 1 6/3/2026 $68,319 $58,596 $126,915 880 $28,793.45 $4,973 $0 FINANACE - FISCAL MANAGER 1 6/19/2026 $64,464 $31,936 $96,400 976 $30,132.60 $1,729 $0 FIRE - DEPUTY FIRE CHIEF 1 6/3/2026 $137,614 $103,913 $241,527 0 $0.00 $10,677 $2,078 GIAC PROGRAM - YOUTH MEDICAL CARE PROVIDER 0.5 10/8/2025 $31,320 $24,267 $55,587 0 $0.00 $2,640 $485 GIAC PROGRAM - YOUTH MEDICAL CARE PROVIDER 0.5 10/8/2025 $31,320 $24,267 $55,587 0 $0.00 $2,640 $485 GIAC PROGRAM - GIAC PROGRAM ASSISTANT 0.5 3/5/2025 $23,461 $21,055 $44,516 0 $0.00 $1,978 $421 HUMAN RESOURCES - HUMAN RESOURCES SPECIALIST 1 6/12/2026 $89,365 $38,110 $127,475 936 $40,060.17 $4,109 $762 HUMAN RESOURCES - HUMAN RESOURCES SPECIALIST 1 10/20/2025 $89,365 $38,110 $127,475 0 $0.00 $7,533 $762 PLANNING DEPARTMENT - ECONOMIC DEVELOPMENT SPECIALIST 1 9/2/2025 $107,328 $66,141 $173,469 0 $0.00 $9,047 $1,323 PLANNING DEPARTMENT - PLANNER 1 7/1/2026 $69,599 $34,075 $103,674 1032 $34,399.51 $0 $6,133 PLANNING DEPARTMENT - PLANNER 1 10/2/2025 $64,517 $41,968 $106,485 0 $0.00 $5,438 $839 POLICE DEPARTMENT - POLICE OFFICER (HONNESS) 1 5/14/2026 $75,280 $50,619 $125,899 768 $27,689.20 $6,634 $1,012 POLICE DEPARTMENT - POLICE OFFICER (BERRY) 1 3/10/2026 $75,280 $50,619 $125,899 384 $13,844.60 $6,634 $1,012 POLICE DEPARTMENT - POLICE OFFICER (VAN CLEEF) 1 1/31/2026 $75,280 $50,619 $125,899 176 $6,345.44 $6,634 $1,012 POLICE DEPARTMENT - POLICE OFFICER (IRLAND) 1 10/29/2025 $75,280 $50,619 $125,899 0 $0.00 $6,634 $1,012 POLICE DEPARTMENT - POLICE OFFICER (GOODSELL) 1 10/28/2025 $75,280 $50,619 $125,899 0 $0.00 $6,634 $1,012 POLICE DEPARTMENT - POLICE OFFICER (POORMAN) 1 10/27/2025 $75,280 $50,619 $125,899 0 $0.00 $6,634 $1,012 YOUTH BUREAU - FINANCIAL MANAGEMENT ASSISTANT 0.5 1/1/2026 $23,460 $33,170 $56,630 0 $0.00 $1,977 $663 YOUTH BUREAU - YOUTH PROGRAM LEADER 1 5/8/2026 $60,588 $29,733 $90,321 644 $0.00 $5,339 $595 36.65 Total Wage 2026 Total Fringe 2026 Total Wage/Fringe 2026 Wages Paid 2026 Wage Saving July 2026 Fridge Savings July 2026 $2,844,030 $1,771,981 $4,616,012 $501,558.23 $198,243 $31,818 TOTAL JULY SAVINGS: $230,061 TOTAL EMPLOYEES GENERAL FUND Department # of Approved Staff # of Vacancies Department # of Approved Staff # of Vacancies Attorney 5.5 1 Attorney 5.5 1 DICE 11 1 DICE 11 1 CITY MANAGER 7 1 CITY MANAGER 7 1 CJC 1 0 CJC 1 0 DPW (W&S included)145.65 17.65 DPW (excluding W&S)89.65 17.65 FINANCE DEPARTMENT 14 1 FINANCE DEPARTMENT 14 1 FIRE DEPARTMENT 73 1 FIRE DEPARTMENT 73 1 GIAC PROGRAM 31 1.5 GIAC PROGRAM 31 1.5 HUMAN RESOURCES 6 2 HUMAN RESOURCES 6 2 LEGISLATIVE 10 0 LEGISLATIVE 10 0 MAYOR 1 0 MAYOR 1 0 PLANNING DEPARTMENT 31 3 PLANNING DEPARTMENT 31 3 POLICE DEPARTMENT 87.5 6 POLICE DEPARTMENT 87.5 6 YOUTH PROGRAM 42.5 1.5 YOUTH PROGRAM 42.5 1.5 Grand Total 466.15 36.65 Grand Total 410.15 36.65 Vacancy Rate: 7.86% Vacancy Rate: 9% 164 MEMORANDUM Date: August 5th, 2026 To: Common Council From: Dominick Recckio, Acting City Manager Carissa Ralbovsky, City Controller RE: Monthly Financial Report The Monthly Financial Report for August is populated with up-to-date actuals from the last available full month (June 2026). GENERAL FUND REVENUES (THROUGH 6/30/2026) Revenue Item Budgeted 2026 Prorated Budget Through June (50%) Actual 2026 % of Budgeted Collected Through 6/30/26 Notes Fees $16,407,442* $8,203,721 $5,050,454 31% Fees, Permits, Fire Protection and Parking Gifts & Donations, Misc $4,436,487* $2,218,244 $41,941 1% Cornell MOU ($4.38M) expected in July Sales & Use Tax $19,939,500 $9,969,750 $7,881,871 39% Typical spikes in SUT revenue occur in June, September, and December Misc Tax $4,711,394 $2,355,697 $3,179,452 67% Property Tax $34,772,582 $17,386,291 $32,185,791 93% Approx. based on prior year(s) performance and receipts to date. Interfund Trans. $1,815,930 $907,965 $0 0% Transfers to be completed mid-year and end of year State & Fed Aid $3,946,081 $1,973,040 $96,165 0% Majority of State Aid distributed to City in Q4 Total Revenues $86,029,416 $43,014,708 *Revised to reflect budget adjustments since the 2026 budget was adopted 165 Revenue Highlights: • Under attainment in Fees is driven by the following: o Fire Protection payments that arrived in July and will be reflected in the September report (will bump from 24.4% to 41.2% attainment). o Interest Earnings budgeted for $850,000 that are not posted until EOY. o Various facility use fees that are seasonal in nature and are expected to have higher attainment after the summer months. o Various other revenues (Chamberlain Fees, County Contributions) that come in later in the calendar year. While Parking Meter fees are on-track (45% collected of $1.1M budgeted), Hourly Parking is lagging at 32% of $1.7M budgeted. Parking Permits are also under- attaining at 35% of $800,000 budgeted. • The City typically experiences spikes in SUT revenue in June, September, and December. The bump in June brought attainment to 39% in June compared to 31% in May. GENERAL FUND EXPENSES (THROUGH 6/30/2026) Expense Item Budgeted 2026 Prorated Budget Through June (50%) Actual 2026 % of Budgeted Expended Through 6/30/26 Notes Personnel $35,670,497 $17,835,249 $15,708,785 44% Driven by vacancy savings Fringe Benefits $17,324,246 $8,662,123 $8,787,584 51% Does not include retiree contributions to health insurance which are applied at EOY Retirement $8,008,789 $4,004,395 $0 0% Paid annually in Dec Operating $16,057,482* $8,028,741 $7,386,373 46% Miscellaneous $3,307,054 $1,653,527 $942,085 28% Includes insurance (quarterly payments), contingency and legal expenses Debt $9,627,800 $4,813,900 $4,164,895 43% Total Expenses $89,995,868 $44,997,934 $36,989,722 41% *Revised to reflect budget adjustments since the 2026 budget was adopted 166 Expense Highlights: • Personnel expenses do not yet reflect hourly part-time expenses for summer seasonal staff, while full-time staff expenses continue to reflect vacancy savings. • Spending on Overtime is at 64.5% of $1.5M budgeted. • While overall Operating expenses are on track (46% spent at the beginning of Q3), there are a few expense categories that are on track to over-expend and need to be monitored: o Equipment Maintenance: 53% of $1.1M o Utilities: 53% of $777k budgeted o Property Maintenance: 67% of $164k budgeted o Merchant Service Charges: 66% of $145k budgeted Additionally, the entire $125k budget for Salt & Cinders was already expended earlier in the year and will not be sufficient for needs later in the calendar year. MOST RECENT DEBT SERVICE PAID (ALL FUNDS) Date Paid Debt Instrument Principal Interest Total Due 4/1/2026 State Revolving Loan $80,000 $19,039 $99,039 4/15/2026 2016B Serial Bonds $600,000 $175,013 $775,013 UPCOMING 2026 DEBT OBLIGATIONS (ALL FUNDS) Due Date Debt Instrument Principal Interest Total Due 7/15/2026 2017A Serial Bonds n/a $21,500 $21,500 7/15/2026 2017B Serial Bonds n/a $97,292 $97,292 7/15/2026 2019B Serial Bonds $285,000 $101,553 $386,553 7/18/2026 BANS $434,598 $373,308 $807,906 Debt Obligation Highlights and Remaining Debt Load: The September Financial Report will have updated information from the July debt sale. As of June 2026, across all funds, the City holds $153.7 Million in both short and long-term debt (broken down below): • Bonds: $100,881,795 o Inclusive of debt across all funds (General, Water, Sewer, etc.) • Bond Anticipation Notes (BANs): $52,865,946 167 o Inclusive of debt across all funds (General, Water, Sewer, etc.), up to date through July 2025 and January 2026 o City has relied more heavily on BANs while awaiting completed audits and re-established credit rating o Several recent larger projects with significant outside funding have increased BAN reliance due to need to front costs before reimbursements are received Updates on Debt Reduction and Conversion Plan: In July, the Finance Department worked closely with the City’s Grant Administrator and the Engineering Department to review the reimbursable status of 78 BANs that support 54 distinct capital projects. A summary of the findings from this review: • 37 BANs were supported by reimbursable funds. o 11 have no further reimbursements to collect. o 26 have additional reimbursements to collect (these 26 BANS represent $17M in 2026 EOY Remaining Principal as of June 2026.) • This research has uncovered approximately $4.4M of additional paydown funds that are being researched and can be pursued for reimbursement for work already completed. This is in addition to the $6.7M identified in the May report to Council. o Other projects will be submitted for reimbursement once the work is completed – for example, Capital Project #910 for Stewart Ave Bridge Improvements has $5.4M in BANs that are not included for reimbursement this summer because the work is not yet complete, but can be submitted later this calendar year. • This research has also uncovered some older capital projects that can be closed and can have remaining fund balance applied to debt service. The September Financial Report to Council will endeavor to include an updated and detailed breakdown of all BANs, reflecting the July financing round, with updates on the reimbursement status of each project. The analysis will aim to identify how much in reimbursement can reasonably be expected before the end of the calendar year to reduce outstanding principal in the 2027 budget. As referenced in the June Financial Report, this will also incorporate a dashboard to show which project reimbursements are on track or behind schedule. Future reporting will incorporate other elements discussed in June, including the fiscal impact of debt conversion and a comprehensive list of authorized capital projects that have not been financed yet. 168 FUND BALANCE POSITION There are no new updates related to the City’s fund balance position, pending impending audit completion. Consultants from the Bonadio Group have advised Common Council (dialogue on February 11) that their professional recommendation is not to budget using fund balance until this confidence is regained. As reported in the February 4 Report to Council: The most recent audited financial statements (2021) indicated a $16,545,540 general fund balance with $8,690,044 unobligated or unassigned. In the 2026 budget presentation received by Council, the Controller’s Office provided an estimate of $13.5-14 million in general fund balance as of October 2025 – this number is purely an estimate considering revenues and expenditures from 2021 audited financials and incomplete 2025 point-in-time data. AUDIT PROGRESS The Bonadio Group has completed the City’s draft 2022 Financial Statement by the planned deadline of July 31. The Controller’s Office has shared this documentation with the contracted auditing firm, Drescher & Malecki LLP, to begin the FY 2022 audit process. 169