HomeMy WebLinkAbout08-28-02 Budget & Administration Committee Meeting Agenda BUDGET AND ADMINISTRATION COMMITTEE
AUGUST 28, 2002
7 :00 P.M.
COMMON COUNCIL CHAMBERS
AGENDA
Statements from the Public
Amendments to Tonight' s Agenda
A. DPW
1 . Water & Sewer - Blasland Bouck & Lee Engineering Contract
for Wastewater Treatment Plant - Discussion/Possible
Resolution (20 min. )
2 . Streets & Facilities - Update on City Tree Trimming
Contract - Report (15 min. )
B. I. U. R. A.
1 . Request to Reallocate Capital Project #375 - Resolution
(20 min. )
C. Attorney
1 . An Ordinance Amending Cable Television Ordinance -
Discussion (Material will follow in separate package)
2 . Telecommunications Ordinance - Discussion (15 min. total)
D. Fire Department
1 . EMS/Rescue Fee Proposal - Discussion (30 min. )
E. Mayor
1 . An Ordinance Amending Chapter 342 , Article V, Section 38
Entitled Insurance Requirements for Street Closings (20 min. )
F. Reports
1 . Redistricting Task Force - Report/Possible Resolution (20
min. )
2 . Mayor' s Report
3 . Council Members' Announcements
4 . Next Month' s Meeting: September 25, 2002
Request for Funding for Life Cycle Structural and Architectural Evaluation of Cayuga
Heights WWTP.
WHEREAS,the City Sewer Subcommittee of Common Council has been exploring
opportunities for regional intermunicipal sewer consolidation and environmental enhancements
associated with multi-million State Bond Act Grants for wastewater plant and interceptor sewer
improvements, and
WHEREAS,the subcommittee has been meeting continuously to refine organizational and
financial aspects of a draft regional framework for consideration of the legislative bodies of all
six municipal parties concerned, and
WHEREAS, the subcommittee has determined that a full evaluation and disclosure of facility life
cycle and maintenance needs of the Cayuga Heights Wastewater Treatment Plant is necessary to
assess the costs and benefits of the alternative of merging wastewater treatment plant ownership
and/or operations; now,therefore, be it
RESOLVED, By Common Council Budget and Administration Committee that the proposal for
Blasland, Bouck, &Lee, Inc. to complete a life cycle structural and architectural evaluation of
the Cayuga Heights Wastewater Treatment Plant that would compliment already existing
maintenance evaluations of the facility be authorized, and be it further
RESOLVED, That the estimated fee of$15,017 be allocated from available funds in existing
Capital Project 606.
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PROFESSIONAL SERVICES AGREEMENT
CLIENT INFORMATION BBL INFORMATION
• Client: Originating BBL Office:
City of Ithaca
Department of Public Works Blasland, Bouck&Lee, Inc.
Water and Sewer Division 6723 Towpath Road, Box 66
510 First Street
Ithaca, NY 14850-3506 Syracuse, NY 13214
Client's Telephone No.:( 607 )272-1717 Attention: Donald F.Geisser, P.E.
Client's Facsimile No.:( 607 )277-5028
Client's E-mail Address:
Telephone No.: (315)446-9120
• Client Representative:
Name: Lawrence Fabbroni, P.E. Facsimile No.: (315)446-7485
• Client is a: E-mail Address: df bbl-inc.com
• Individual X Corporation ❑ Partnership
MAIL PAYMENT TO:
• Joint Venture ❑ Other(Specify):
BLASLAND,BOUCK&LEE,INC.
• Client is Established Under the Laws of 6723 TOWPATH ROAD,P.O.BOX 66
SYRACUSE,NY 13214-0066
New York
(State)
ATTENTION: FINANCE
• Client Purchase Order/Contract No./Authorization No.:
This Agreement is made on the day of 2002 .and includes the following:
(Day) (Month) (Year)
1) General Provisions
2) Exhibit A-Scope of Services
3) Exhibit B-Statement of Compensation
4) Exhibit C-Change Order Form
This Agreement is witnessed by the following signatures:
CITY OF ITHACA,NEW YORK BLASLAND,BOUCK&LEE,INC.
("Client") ("BBL")
By. By: Donald F. Geisser, P.E.
Name: Name: Vice President
Title: Title: ---
(Officer) (Officer)
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Approval as to form:
Date:
City Attorney
Date:
City Controller
Date:
Chairperson
Budget & Administration Committee
GENERAL PROVISIONS
I.Scope of Services/Term C.In the event of an emergency requiring immediate action to protect life from injury or
The Client hereby retains BBL to perform services(the"Services')as requested by the Client property from damage,and where there is either no time for pre-approval of the emergency
and as from time to time specified in a Statement of Scope of Services attached as Exhibit A. Services or the Client representative is unavailable to give his or her approval,the Client
BBL shall retain such subconsultants and subcontractors as may be required in connection agrees that BBL is authorized to perform such emergency Services on a time and materials
with the performance of the Services.The term of this Agreement shall extend from the date basis in accordance with BBL'S then current rate schedule(s);provided,however,that BBL
first referenced above and shall continue until terminated as herein provided. agrees that its personnel shall take only such action as a reasonably prudent professional
would take in similar circumstances, and provided, further, that BBL shall,as soon as
IL Compensation reasonably feasible under the circumstances,notify the Client representative of the situation.
A.The Client shall pay BBL for the Services as specified in a Statement of Compensation D.In the event BBL,or any of its directors,officers,employees or representatives,should
attached as Exhibit B.On a calendar year basis,BBL reserves the right to update the rates and become the recipient of a subpoena or other discovery request in a proceeding,whether legal
costs contained within Exhibit B as attached hereto.Compensation for Services covered by a or administrative,in which BBL is not a party,and which relates to or arises out of the perfor-
Change of Scope or for Additional Services shall be as provided in Article IV below. mance of the Services,the Client agrees that it shall be deemed to have executed amended
Compensation for Services upon Termination shall be as provided in Article XVM below. Exhibits A and B,which amended Exhibits shall be deemed to provide that BBL shall perform
such services as may be reasonably required to respond to such subpoena or other discovery
III.Payment request,all in reasonable coordination and cooperation with the Client and its representatives,
A.Unless otherwise expressly provided in Exhibit B,invoices will be submitted by BBL and that such services shall be paid for by the Client on a time and materials basis in
during the accounting period,which is 28 days,following that in which the Services are accordance with BBL'S then current rate schedule(s).
rendered,or costs are incurred or entered into BBL'S accounts. It is understood that the
invoice will be of the nature and in the format which is attached as a sample invoice in Exhibit V.Client Representative
B. Should the Client at any time request a change in the format or additional documentation The Client has appointed the person designated on the first page of this Agreement as its
or information other than that which is contained in the sample invoice,the Client agrees to representative for purposes of this Agreement. Such representative shall be a person with
pay additional compensation on a time and materials basis in accordance with BBL'S then whom BBL may confer at all reasonable times. The Client's representative shall:(1)act on
current rate schedule(s)to the extent necessary to comply with the Client's special request. the Client's behalf in all matters concerning the performance of the Services;(2)be fully
B.The Client agrees to pay each invoice within thirty(30)days of receipt.It is understood acquainted with the Client's requirements concerning the Services;and(3)have authority and
that for each invoice not paid within thirty(30)days of receipt,BBL must finance the costs of responsibility to approve any reasonably necessary changes in the Scope of Services,to render
performing Services for the Client.It is further understood that BBL's rate schedule(s)do not decisions promptly,and to furnish required information and documentation expeditiously.All
include charges to provide financing to the Client.Accordingly,for each invoice which is not communications between BBL and the Client shall be through the Client representative.The
paid within thirty(30)days of receipt by the Client,the Client agrees to pay BBL an Client may designate a new representative upon written notice to BBL.BBL shall recognize
administrative fee of one percent(10/6)per month,or the maximum rate permitted by law, any new Client representative upon receipt of any such notice;provided,however that if BBL
whichever is less. Such administrative fee will be compounded monthly and applied toward is required to brief a new Client representative on any aspect of the Services,the cost of such
the total amount then owed to BBL. Payment shall be applied first to accrued administrative briefing shall be home by Client as an additional service on a time and materials basis in
fees and then to unpaid compensation for Services. accordance with BBL'S then current rate schedule(s).
C.If the Client objects to all or any portion of an invoice,the Client shall so notify BBL
within thirty(30)days of receipt of the invoice and shall,as part of such notice,identify the VI.Client Obligations
nature of the objection,and pay when due that portion of the invoice,if any,to which no A.The Client shall secure any approvals or permits from affected landowners or other
objection is made. The Client shall act in good faith to resolve the objection with BBL,and parties with an interest in real property,access to which may be required by BBL in order to
shall promptly pay each invoice or portion thereof,as objections are resolved.Any objection perform the Services. BBL will assist the Client in securing such approvals and permits,if
not made within thirty(30)days of receipt of an invoice,shall be deemed waived.Payment of appropriate.
invoices is in no case subject to unilateral discounting or set-offs by the Client,and payment is B. The Client, in a timely manner, shall provide BBL with such information and
due regardless of suspension or termination of this Agreement by either party. documentation as the Client may have available to it and which relates to the performance of
D. In the event legal action is necessary to enforce the payment provisions of this the Services or to the health and safety of BBL or subcontractor personnel engaged in the
Agreement,BBL shall be entitled to collect from the Client any judgment or settlement sums performance of the Services. Such information includes,but is not limited to,the presence of
due,reasonable attorneys'fees,court costs,and expenses incurred by BBL in connection any underground utility lines or other man-made objects beneath the ground surface,and the
therewith and,in addition,the reasonable value of BBL's time and expenses spent in existence at the project site of any petroleum products,hazardous materials,hazardous
connection with such collection action,computed at BBL'S then current rate schedule(s).The substances,hazardous wastes,toxic substances,toxic wastes,or other materials regulated
obligations to make payment as described in this Article,shall survive the termination of this under applicable federal,state,or local law. Unless otherwise expressly provided by the
Agreement. Client in writing,BBL shall be entitled to rely upon the accuracy and completeness of such
information and documentation.
IV Change of ScopelAdditional Services C.If the Client becomes or should have reasonably become aware of any development
A.In the event of the discovery of a condition or circumstance which alters the Scope of which is reasonably likely to affect the scope or timing of the performance of Services as
Services,or in the event of a request by the Client for a change in the Scope of Services,a contemplated herein,the Client accepts the responsibility of giving prompt written notice
BBL representative shall promptly forward to the Client representative a document in the form thereof to BBL. The Client shall promptly report to BBL any defects or suspected defects in
of a letter agreement,an amended Exhibit A and B,or a completed Change Order(see format BBL'S Services and will afford BBL the opportunity to correct or otherwise take measures
in Exhibit Q.Such document shall describe the condition,circumstance or change,and shall, which in BBL'S opinion will minimize the consequences of the defect or suspected defect.
to the extent then known,identify the required changes in scope and/or estimated increase or
decrease in the cost of the Services.The Client shall promptly notify a BBL representative of M.Ownership of Work Product
either Client's agreement with the provisions of the document,or identify requested changes All final drawings, designs, specifications, reports, and other documents and materials
to be made in the document. If the Client does not respond in a timely fashion as herein prepared by BBL in connection with the performance of the Services and for delivery to the
described,the Client shall be deemed to have executed the document as drafted by BBL. In Client,are"instruments of service"with respect to the project to which the Services directly
the event the Client makes a timely request for changes in the document,and the parties fail to relate(the"Project'),and shall become the property of the Client upon payment therefor.
agree as to such schedule or compensation,either party may suspend the performance of the Such documents and materials are not intended or represented to be suitable for reuse by the
Services until the parties so agree,or may terminate this Agreement upon written notice to the Client or others on extensions of the Projector on any other project.Any reuse without prior
other.Except as otherwise expressly provided herein,in the event of such termination,neither written approval or adaptation by BBL will be at the Client's sole risk and without liability or
party shall have any father obligation to the other except to pay for services rendered and legal exposure to BBL;and the Client agrees to indemnify,defend and hold harmless BBL
costs incurred prior to the date of termination. from and against all claims,damages,losses and expenses(including but not limited to
B.Ifthe Client desires additional services by BBL,a letter agreement,an amended Exhibit attorneys'fees)arising out of or resulting therefrom. Any such approval or adaptation
A and B or a Change Order(as found in Exhibit"C'),shall be completed and signed by the requested by the Client will entitle BBL to further compensation at rates to be agreed upon by
Client and BBL. In that event,the rates and any"not to exceed"amount for the additional the Client and BBL.The parties do not intend that this Article confer any intellectual property
services may be different from those set forth in Article H. rights upon the Client. The provisions of this Article shall survive the termination of this
Agreement.
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VIII.Level of Care and Skill XIV.Insurance
BBL represents that the Services shall be performed,within the limits prescribed by the A.BBL shall maintain the following insurance,evidence of which will be provided to the
Client,in a manner consistent with that level of care and skill ordinarily exercised by members Client,on request:
of the appropriate engineering and/or related scientific professions,practicing in the same 1.Workers'compensation and disability benefits covering BBL's employees,as
locality,under similar conditions,and as of the time the Services are performed. No other required by law;
representation,warranty or guarantee,whether express or implied(including but not limited to 2.Comprehensive general liability and employer's liability(including premises and
the implied warranties of merchantability and fitness for a particular purpose),is included or operations,products and completed operations,contractual liability,underground explosion
intended to apply to the Services,or to any report,opinion,or other deliverable prepared in and collapse(XCU)hazard,broad form property damage,independent contractor's,and
connection with the performance of the Services. personal injury protection), written on an occurrence basis, and in the amount of
$1,000,000.00 per occurrence,and$1,000,000.00 aggregate;
IX.Samples 3.Automobile liability in the amount of$1,000,000.00 combined single limit for
Environmental samples collected(including but not limited to soil and water samples),as well bodily injury and property damage,and covering motor vehicles owned,non-owned,hired or
as drilling cuttings,water and other fluids produced during the performance of the Services, otherwise used by BBL in connection with the performance of the Services;and
are the property of the Client.BBL is not required to preserve such samples unless as agreed 4.Professional liability in the amount of$1,000,000.00 per claim.
upon in writing. Should any of the samples be contaminated by hazardous substances or B.BBL agrees to cause its insurer(s)to name the Client as an additional insured on the
suspected hazardous substances,BBL shall,upon the expiration of the above-referenced comprehensive general liability and automobile liability policies,and to provide the Client
preservation time,if applicable,return the samples to the Client for transportation,treatment, with a minimum ofthirty(30)days written notice prior to any cancellation of coverage of any
and/or disposal at the Client's cost and in such manner as the Client may elect. The Client policy required by this Article.
agrees to pay BBL for any applicable costs resulting from handling,storage,and return C.The Client and BBL waive all rights,including but not limited to rights of subrogation,
shipment, on a time and materials basis in accordance with BBL'S then current rate against each other and any of their respective agents,servants,and independent contractors,
schedule(s)as of the date such Services are performed. for claims,injuries,and/or damages covered by the parties'respective workers'compensation,
general liability,or automobile liability policies,except such rights as the Client and BBL may
X.Confidentiality have to the proceeds of such policies. If any such policy requires an endorsement in order to
In correction with the performance of the Services under this Agreement,it maybe necessary provide continued coverage where there is a waiver of subrogation,the party which is the
for the Client to disclose certain confidential information to BBL,and for BBL to disclose owner of such policy agrees to cause it to he so endorsed.
certain confidential information to the Client.All confidential information shall be designated
in writing as"confidential"by clear marking. In addition,any and all oral communications XV.Indemnification
between the Client and BBL in furtherance of this Agreement shall be presumed to be A.BBL shall indemnify,defend,and hold harmless the Client from and against all claims,
confidential information. Each party agrees not to disclose any confidential information to damages,losses,judgments and expenses,including but not limited to reasonable attorney's
any third party,other than those employees and subcontractors of BBL who have a need to fees,to the extent caused by BBL'S negligent performance of Services under this Agreement
know,unless: or the negligent or culpable act or omission of any subcontractor of BBL. To the extent that
A.disclosure is required by applicable law,rule,regulation,ordinance,code,standard,or the claims,damages,losses,judgments and expenses,including but not limited to reasonable
court order and,if so,advance notice of intent to disclose is given to the other party; attorney's fees,are caused by the Client's negligence,the Client shall fully indemnify,defend,
B.the information was actually and demonstrably known to the disclosing party before it and hold harmless BBL. If the claims,damages,losses,judgments and expenses,including
was obtained from,or developed in cooperation with,the other party; but not limited to reasonable attorney's fees,are the result of the negligence of both the Client
C.the information is or becomes available to the public in general through a widely and BBL,the Client and BBL shall be liable to the extent or degree of their respective
disseminated publication where such publication does not arise directly or indirectly from the negligence,as determined by mutual agreement of the Client and BBL or,in the absence
breach of any obligation of confidentiality to either of the parties to this Agreement; thereof,by adjudication of comparative negligence.
D.the information is obtained or acquired by the disclosing party from a third party who is B.Notwithstanding anything herein to the contrary,the Client agrees that BBL shall not
not under any direct or indirect obligation of confidentiality to the other party;or incur any responsibility hereunder to sign manifests,nor any liability hereunder as a generator,
E.a written release is obtained by the disclosing party from the other party,which release transporter,treater,storer,or disposer of any petroleum products,hazardous materials,
shall not be unreasonably withheld,delayed,or conditioned. The provisions of this Article hazardous substances,hazardous wastes,toxic substances,toxic wastes,or other materials,
shall continue to be binding upon the parties for a period of two(2)years beyond the substances,or contaminants regulated under any applicable federal,state,or local law. The
termination of this Agreement,unless otherwise expressly agreed in writing. Client agrees to indemnify,defend,and hold harmless BBL,its officers,directors,employees,
servants and agents,from and against any and all losses,liabilities,expenses,fines,penalties,
XI.Safety damages,and other detriments of every nature and description(including but not limited to
BBL shall be responsible for its own,its employees',and its subcontractor(s)'activities on the attorneys'fees),to which BBL may be subjected as a result of claims,actions,proceedings
project site.Notwithstanding the foregoing,Client and its independent contractors(other than (whether legal or administrative),or suits concerning the same.It is understood and agreed by
BBL)remain liable for maintaining a safe project site. Client agrees to indemnify,defend, both parties that BBL,in performing the Services,may make recommendations to the Client
and hold BBL harmless from and against any claims arising out of or related to the failure of with respect to regulated wastes,materials or substances,but does not have the authority or
Client or any other consultant,contractor,or subcontractor to maintain a safe project site. responsibility to decide where disposal or treatment takes place,nor to designate how or by
whom the wastes,materials or substances are to be transported for disposal or treatment.
XIL Audit C.Neither party shall be held liable to the other for special,incidental or consequential
All billing and invoice data developed in connection with the performance of the Services damages,including but not limited to,loss of use and loss of profit. The provisions of this
shall be subject to audit by the Client at BBL'S offices during regular business hours. BBL Article shall survive the termination of this Agreement.
shall permit the Client's representative to have access to all relevant books,records and infor-
mation to verify such billing for a period of one(1)year beyond the date of the Client's receipt XVI.Force Majeure
of the final invoice for the applicable Scope of Services. Except for the obligation to make payment for Services performed pursuant to this Agreement,
any delay in or failure of performance by either party to this Agreement,shall not constitute a
XIII.Non-Discrimination default under this Agreement nor give rise to any claim for damage,cost,or expense,if and to
BBL shall not,in connection with the performance of the Services,unlawfully discriminate the extent such delay or failure is caused by an occurrence beyond the control of the delayed
against any employee or applicant for employment because ofrace,color,religion,sex,age, or non-performing party. Notwithstanding the foregoing,a party which is delayed in or
national origin, citizenship status, sexual orientation, marital status, veteran status, or prevented from performing for any reason,shall promptly notify the other party in writing of
disability as defined by the Americans with Disabilities Act. BBL agrees to comply with all the reason for the non-performance and the anticipated extent of any delay or non-
applicable laws and ordinances relating thereto,and all applicable orders,ndes and regulations performance,and shall take reasonable steps to minimize the adverse impact of the delay or
issued pursuant thereto including,without limitation,Executive Order 11246(as amended by non-performance.
Order 11375). BBL further agrees to comply with Executive Orders 11701(Employment of
Veterans)and 11758(Employment of Handicapped). If any of the aforementioned laws, XVIL Assignment
ordinances,orders,rules or regulations require any particular provision,representation or Neither the Client nor BBL(except for an assignment of proceeds in the ordinary course of
agreement to be set forth in this Agreement,the same is hereby incorporated by reference as if business or for purposes of securing financing)shall assign any interest in this Agreement
it were fully written. without the prior written consent of the other,which consent shall not be unreasonably
withheld,delayed,or conditioned.
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XVIII• Termination XXII.Miscellaneous
Except as may be otherwise provided herein,either party may terminate the Services under A.Whenever this Agreement provides for the acceptance,agreement,approval,audit,
this Agreement at any time prior to its completion so long as the other party receives a comment,consent,decision,determination,discretion,finding,opinion,requirement,review,
minimum of ten(10)days written notice prior to the termination date. The amount due and satisfaction,or specification,by one of the parties hereto,the parties agree to exercise good
payable to BBL under this Agreement for Services rendered up to the effective date of faith in dealing with each other concerning the same,and agree that the same shall not be
termination,as well as expenses associated with the termination in accordance with BBL'S unreasonably withheld,delayed or conditioned by either party.
then current rate schedule(s)and expense reimbursement schedule(s),and compensation for B.The parties agree and intend that this Agreement shall be for the sole and exclusive
non-cancelable or non-refundable obligations,commitments,deposits,and unsettled claims benefit of the parties to this Agreement,and that no rights,benefits,or causes of action in
which BBL undertook or incurred in good faith prior to the date of receipt of notice of favor of, obligations to, or contractual relationship with, any entity not a party to this
termination of the Services,shall represent the complete and final payment which is due. Agreement,arise in connection with the execution of this Agreement or the performance of
When a lump sum figure is payable under this Agreement for part or all of the Services,BBL the obligations as herein provided.The rights and remedies as contained herein are in addition
shall be entitled as part of the termination expenses,to an allowance in the amount of fifteen to any other rights or remedies the parties may have at law or in equity. The failure of,or
percent(15%)of the lump sum amount for profit lost as a result of the termination. delay on the part of,either party to insist upon strict performance of any term of this
Agreement shall not be deemed a waiver of any rights or remedies that such party may have
XIX. Suspension for any subsequent breach,default or non-performance. Either party's tights and remedies
A.BBL agrees that the Client may,upon seven(7)days prior written notice to BBL, shall not be affected by any previous waiver or course of dealing.
suspend the performance of the Services contemplated herein. In the event that the Services C.Unless otherwise expressly indicated to the contrary,in the event of a conflict between
are suspended by the Client for more than sixty (60) days, BBL'S compensation for these General Provisions and any other provision in the Agreement,these General Provisions
completing the Services shall be subject to renegotiation.Payment for Services in the event of shall govern. The various terms,provisions and covenants herein contained shall be deemed
suspension shall be in accordance with the requirements of Article IV. to be separate and severable,and the invalidity or unenforceability of any one of them,or any
B.The Client agrees that BBL may,upon seven(7)days prior written notice to the Client, portion thereof,shall in no manner affect or impair the validity or enforceability of the
suspend the performance of the Services contemplated herein in the event any invoices are not remainder. This Agreement shall inure to the benefit of and be binding upon the parries'
paid within thirty(30)days of receipt or the Client otherwise fails to meet its obligations as respective successors or assigns.This Agreement shall be governed and interpreted pursuant
provided in this Agreement. The Client further agrees that such suspension may continue, to the laws of the State of New York,exclusive of its conflict of laws provisions.
without liability on the part of BBL for damage or cost,until payment is made in full of all D.This Agreement may be changed or renewed only in a written document signed by
outstanding invoices and/or the failure of the Client to meet its other obligation(s)is remedied. authorized representatives of the parties. Each party may use its standard business forms
(such as purchase orders, acknowledgments, invoices, or vouchers) to administer this
XX Notices Agreement.Notwithstanding the foregoing,the use of such forms shall be for convenience
Except as otherwise expressly provided for in this Agreement,all notices required or permitted purposes only,and all provisions,terms and conditions contained in or on such fours shall be
under this Agreement shall be in writing and shall be served either:personally,by certified deemed to have no validity,force or effect on the terms of this Agreement. This Agreement
mail,return receipt requested,an overnight courier service with receipt confirmed by the contains the entire agreement between the parties and supersedes all prior negotiations,
service,and by facsimile machine with receipt electronically verified. A notice must be whether written or oral.
addressed to the parties'addresses as set forth on the first page of this Agreement or to such E.Affiliated company personnel and/or contract laborers may be utilized by BBL in
other address as a party may later designate by written notice. All notices shall be effective connection with the performance of services. The salary of such personnel,employees,and
upon receipt. laborers shall be consistent with BBL'S then current rate schedule.
X L Disputes and Arbitration [End of General Provisions]
A.Except as otherwise provided below,any and all unresolved disputes,controversies,
claims,counterclaims,or other matters in question(hereinafter collectively a"Dispute')
between the parties hereto arising out of or related to this Agreement or the breach thereof
shall be decided and settled by arbitration. No arbitration arising out of,or related to,this
Agreement may include any person or entity who is not a party to this Agreement.
B.No demand to arbitrate shall be made unless and until the party making such demand fast
makes reasonable,good faith attempts to communicate and to meet with the other party for
purposes of resolving the Dispute. The demand must be made within a reasonable time after
the Dispute arises. In no event may the demand for arbitration be made after the date when
institution of legal or equitable proceedings based upon such Dispute,would be bared by the
applicable statute of limitations.
C.All demands for arbitration and all answering statements thereto must contain a statement
that the total sum or value in controversy as alleged by the party making such demand or
answering statement is not more than $100,000(exclusive of interest and costs). The
arbitrators will not have jurisdiction,power or authority to consider,or to make findings,
except a finding of lack of jurisdiction, concerning any Dispute where the amount in
controversy is more than$100,000(exclusive of interest and costs).
D.Arbitration shall be by three arbitrators,one of which is selected by each party and the
third of which is selected by the two arbitrators so selected.The arbitrators are to be governed
(except as otherwise provided in this Article)in accordance with those rules of the American
Arbitration Association most applicable to the issues involved in the Dispute and in effect at
the time of the submittal of the Dispute to the arbitrators.
E.The costs of arbitration,including but not limited to reasonable attorneys'fees,shall be
apportioned between the parties to the arbitration or against either of them as the arbitrators
may decide.The decision of the arbitrators shall be final and binding,and judgment upon the
award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
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EXHIBIT A
STATEMENT OF SCOPE OF SERVICES
See Attached Scope of Services Letter
Dated March 69 2002
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engineers 9 scientists
Transmitted Via Facsimile/Regular Mail
March 6,2002
Mr. Lawrence Fabbroni,P.E.
Assistant Superintendent DPW
Water and Sewer Division
510 First Street
Ithaca,NY 14850-3506
Re: Life Cycle Issues, Cayuga Heights Plant
File: 93450 42
Dear Mr.Fabbroni:
Pursuant to your March 1, 2002 letter request of our office, Blasland,Bouck&Lee, Inc. (BBL) is pleased
to transmit herewith our proposal to provide professional engineering services to assist the City of Ithaca
(City) in evaluating various life cycle issues at the Village of Cayuga Heights wastewater treatment plant
(WWTP). As outlined in your March 1, 2002 letter, the City is requesting that BBL provide a life cycle
analysis or remaining life assessment for the existing buildings, structural tanks and outfall at the Cayuga
Heights WWTP. Based upon the information you transmitted to our office, we understand that the
Cayuga Heights WWTP is a 2 million gallons per day (mgd) facility that was constructed in 1972. We
also understand the following structures/buildings compose the existing WWTP:
• An influent structure, including an aerated grit chamber and screening facilities (with
superstructure/building);
• Three primary settling tanks(non-enclosed);
• Two trickling filters(non-enclosed);
• Two intermediate settling tanks(non-enclosed);
• Two final settling tanks(non-enclosed);
• One recirculation pump station(with superstructure/building);
• An administration/digester building,with accompanying anaerobic digesters; and
• A belt filter press building.
Based upon our discussions and the information included with your March 1, 2002 letter, we propose to
provide the following services to the City to complete requested assignment.
Scope of Services
1. BBL will provide the services of a Structural Engineer to conduct an inspection of the major WWTP
structures at the Cayuga Heights WWTP. Up to eight hours of on-site inspection by the Structural
6723 Towpath Road • P.O.Box 66 • Syracuse, NY 13214-0066
0 22365 Tel(315)446-9120 • Fax(315)449-0017 • www.bbl-inc.com • offices nationwide
Mr.Lawrence Fabbroni,P.E
March 6,2002
Page 2 of 3
Engineer will be provided. The Structural Engineer will perform a visual inspection of the major
WWTP structures from readily accessible locations. The visible inspection will include
documentation of observable concrete deterioration(i.e.,cracks,spalling,etc.)and exposed steel
framing, grating,hatches,containment areas and equipment supports.
2. To further assess the condition of the major WW IT concrete structures,BBL will perform non-
destructive testing of the concrete strength of these structures. The majority of the non-destructive
testing will be performed using ASTM Standard Method C 803 (Windsor Probe Test). ASTM C 803
provides the most reliable data relative to the in-place compressive strength of concrete. Although
considered to be non-destructive,this test method does require minor surface penetration of the
concrete with a charged"probe"to determine the compressive strength. These surface penetrations
are easily patched following testing, if necessary. For the purpose of this scope of services,we
propose to perform up to 12 ASTM Method C 803 tests on the major WWTP structures.
In addition to ASTM C 803,we propose to conduct up to 10 ASTM Standard Method C 805 (Swiss
Hammer)tests for the in-place compressive strength of the concrete structures, as warranted. This test
method requires a relatively uniform concrete surface condition to permit useful test readings. ASTM
C 805 will be used in place of the ASTM C 803 tests in those areas where the ASTM C 803 testing
equipment cannot be properly set up to obtain an accurate reading.
3. With the understanding that the primary settling tanks are the oldest concrete structures on site, BBL
will coordinate with the Cayuga Heights WWTP staff to dewater one of the primary settling tanks for
concrete testing of the tank interior. It is assumed the Cayuga Heights WWTP staff will be responsible
for removing one primary settling tank from service,dewatering and draining the tank, and providing
the necessary equipment for access to the tank for BBL personnel to perform the testing. Up to four
ASTM C 803 or ASTM C 805 tests, as warranted,will be performed on the tank interior.
Because the remaining structures on site will have to remain in service during the concrete testing and
inspection,BBL will'perform its testing and inspection of these structures at locations where the
concrete is exposed and accessible from outside the structure.
4. BBL will provide the services of a Registered Architect(up to eight hours on site)who, in conjunction
with our Structural Engineer,will visually inspect the buildings at the Cayuga Heights WWTP. The
purpose of the inspection will be to document the existing condition of the buildings. The architectural
review will include inspection of the siding,roofing, doors,windows,sealants, hand railings, stairs,
lighting, heating,ventilating and air conditioning equipment and fire protection equipment. The
inspection will also include review for compliance with the New York State Uniform Building Code.
As part of the work task,BBL will also identify any egress and accessibility issues and any observable
energy conservation opportunities.
5. BBL will conduct an assessment of the WWTP outfall at the shoreline of Cayuga Lake and will
evaluate potential problems associated with effluent foaming from the outfall. BBL will also verify
compliance of the outfall structure with the New York State Department of Environmental
Conservation(NYSDEC) State Pollutant Discharge Elimination System (SPDES)permit for the
WWTP.
6. BBL will prepare a letter report summarizing the findings of Work Tasks 1 through 5 above. The
letter report will include an assessment of the remaining useful life of the structures tested and
BLASLAND, BOLICK & LEE, INC.
engineers & scientists
\\BBL2\VOL IXUsers\BEK\bek02\05622365.doc
t
Mr.Lawrence Fabbroni,P.E
March 6,2002
Page 3 of 3
buildings inspected. The report will also include a discussion concerning repairs that could be
anticipated at the WWTP based on continued operation for the next 30 years. Up to five copies of the
letter report will be provided to the City.
7. BBL will attend up to two meetings with City personnel,and other interested parties,to review the
letter report findings,as necessary.
For the work tasks described above,BBL assumes that the Cayuga Heights WWTP staff will provide
safe and proper access to all areas of the WWTP that require inspection. This may include,but not be
limited to,ladders, scaffolding, lighting,tank dewatering and cleaning,etc.
Estimated Cost
BBL proposes to provide the services specified in Work Tasks 1 through 7 above for a total estimated
cost of$15,017.00. A summary breakdown of this cost presented in attached Table 1.
Schedule
BBL proposes to complete the services described for Work Tasks 1 through 7 within 30 days after
receiving a written notice to proceed from the City.
We thank the City of Ithaca for considering BBL for this project. We look forward to working with City
staff on the successful completion of the project.
Should you have any questions concerning this proposal,please contact me at(315)446-9120.
Very truly yours,
BLASLAND,BOUCK&LEE, INC.
D�
Donald F:Geisser,P
Vice President
DFG/bek
Attachement
BLASLAND, BOLICK do LEE, INC.
engineers & scientists
\\BBL2\V OL 1\users\BEK\bek02\05622365.dm
r
TABLE 1
Life Cycle Assessment/Cayuga Heights WWTP
City of Ithaca,New York
Estimated Cost
Sr. Registered Sr.Project Document Direct
Task Principal Structural Architect Engineer Technician Labor Expenses TSO Total
Engineer
1-5 Structures/Buildings/Outfall 16 16 12 10 6 $7,866 $975 $1,200 $10,041
Inspections,Testing,and Assessment
6. Letter Report 4 6 6 -- 4 $2,444 $100 0 $2,544
7. Meetings 12 -- -- -- 2 $2,372 $150 0 $2,522
2002 Hourly Billing Rate $190 $125 $125 $105 $46 $12,682 $1,225 $1,200 $15,017
Le¢end:.
TSO Technical Services by Others
Notes:
(1) Includes Senior Structural Engineer travel from New Jersey office to project site, plus other travel/direct expenses.
(2) Includes 12 ASTM C 803 tests at$75/test($900), 6 hours use of ASTM C 805 test equipment at$60/hour($300).
3/6/02
\\BBL2\VOL 1\Users\BEK\bek02\05722365.doc
BBL
.narn•v.a,cr••n,r,
EXHIBIT B
STATEMENT OF COMPENSATION
7/29/00
wbek02\25322365.doc
BBL
.noln..ft?fvl.nflf f
EXHIBIT B -- STATEMENT OF COMPENSATION
Effective Date: 2002
Subject to the not-to-exceed amount listed below,the Client shall pay BBL compensation on
an hourly basis for Services rendered, in accordance with the rates found in Attachment A,
Hourly Rate Schedule, as well as:
a. Direct expenses plus five percent. Direct expenses shall include,but not be limited to,
the actual expenses incurred by BBL for transportation and subsistence incidental
thereto;toll,telephone and fax;reproduction of documents; computer-related charges;
and rental of necessary equipment from vendors.
b. Technical services by others plus ten percent
C. The premium portion of any overtime and associated costs,including but not limited to
FICA and unemployment insurance, as required by law, at cost.
Not-to-Exceed Amount: $15,017.00
AGREED: AGREED:
CITY OF ITHACA, NEW YORK BLASLAND, BOUCK& LEE, INC.
(the "Client") ("BBL")
By: By: 1 -`
Name: Name: Donald F. Geisser, P.E.
Title: Title: Vice President
City Attorney
WA,Vz�)&,&,
ity Con oller
Chairperson, B & A Committee
7/29/00
U:\bekO2N25322365.doc
BBL
�wvrvn.swat a�.Nc.
EXHIBIT C
CHANGE ORDER
7/29/00
Ulbek0M5322365_doc
BLASLAND, BOUCK&LEE, INC.
engineers & scientists
CHANGE ORDER
Client Name: Client Ref. No.:
Project Name: BB&L Project No.:
Contract Title: Contract Date:
Change Order No.:
Change Initiated By: ❑ Client ❑ BB&L Due To Changed Project Conditions
Description of Change:
Additional Information Attached? ❑ No ❑ Yes
(Note: Both Parties Must Initial and Date Attachments)
Schedule Impact: ❑ No ❑ Yes,explain:
Cost Impact:
❑ No change in contract amount required
❑ Increase in contract amount required; $
❑ Decrease in contract amount required; $
❑ No change in contract amount presently anticipated; however, final contract amount may require increase/decrease to
accommodate this change upon project completion
The amount of the contract will be (increased) (decreased) by the sum of$ and
the contract completion schedule shall be extended by calendar days.
The undersigned Client approves this Change Order in all respects noted above. Blasland,Bouck&Lee, Inc., agrees to furnish
all labor and materials necessary to complete the work of said Change Order. This document shall become a supplement to the
contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when signed by the Client's
authorized representative.
Blasland, Bouck&Lee, Inc. Representative Date
Client Representative Date
Blasland, Bouck&Lee, Inc. -original and one copy
Client-one copy
5110/94[Finance/See PM Manual Vol.4-Section 4.4.11
M ASCAMFORM%5M J0161
BBL
WIN, a roc.
a ror.nn.n
ATTACHMENT A-2002 HOURLY RATE SCHEDULE
CITY OF ITHACA, NEW YORK
TITLE HOURLY RATE
Principal $188
Senior Engineer/Scientist II $145
Senior Engineer/Scientist/Surveyor 1 $125
Senior Project Engineer/Scientist II $105
Senior Project Engineer/Scientist I $90
Project Engineer/Scientist I/Designer $69
Engineer/Scientist $57
Senior Construction Technician/Specialist $87
Construction Technician $61
Senior Drafting Supervisor $109
Drafting Supervisor $81
Senior Drafter $64
Drafter $50
Technician $49
Senior Project Surveyor $72
Project Surveyor—Office $59
Project Surveyor—Field $88
Surveyor—Office $46
Surveyor—Field $84
Document Technician III,IV $49
Document Technician I,II $36
Note: Above rates are subject to annual adjustment
7/29/00
Wbek0Z25322365.doc
JLL-31-2002 17:00 BBL LEGAL DEPT. 3154492519 P.02102
ACV" CERTIFICATE OF LIABILITY INSURANCE DATE
UL31 102 )
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
MICHAEL J.HAIL S COMPANY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERMCATE
19578 10TH AVENUE N.E. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POULSBO WA 98370 POLICIES BELOW.
PHONE: 01601598-3700
FAX: (360)598-3703 Agency Lic# COMPANIES AFFORDING COVERAGE
_ :91-1461068
INSURED COMp/WY A: HARTFORD ACCIDENT A INDEMNITY CO.
BLASLAND,BOUCK&LEE,INC. COMPANY B: HARTFORD FIRE INSURANCE CO.
6723 TOWPATH ROAD
SYRACUSE,NY 13214 COMPANY C:
COMPANY o_ GREENWICH INSURANACE COMPANY
OYZRAGES COMPANY E: il
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IsSUED TO THE INSURED NAND ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY M 135MD OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.IECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
fTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY LXMRAMOII LIMITS
GENERAL LIABILITY 52UUNJ12664 MAR 1 02 MAR 1 03 EACH OCCURRENCE S 11000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any One Fife) S 300,000
CLAIMS MADE I --I OCCUR MED.EXP(Any One Person) S 10,000
A PERSONAL d ADV INJURY E 1,000,000
GENERAL AGGREGATE S 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER= PROOUCTS•COMP/OP AGO. $ 1,000,000
POUCY PROJECT LOC
AUTOMOBILE LIABILITY 52UENJI2617 MAR 1 02 MAR 1 03 COMBINED SINGLE LIMIT S 1,000.000
X ANYAU70 (Es accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Peron) $ 0
13
X HIRED AUTOS
GODLY INJURY S 0
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE 3 0
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S Q
ANY AUTO EA ACC S 0
OTHER THAN
AUTO ONLY: AGG S 0
EXCESS LIABILITY _ 52XHURP2646 MAR 102 MAR 1 03 EACH OCCURRENCE $ 5.000,000
X OCCUR I� CLAIMS MADE AGGREGATE S 51000,000
A S 0
DEDUCTIBLE 0 - S
RE1'BNTION $ S
WORKERS COMPENSATION AND 52WBGV9853 MAR 1 02 MAR 103 X '�cyT^N- °TMER
EMPLOYERS'LIABRJTY
E.L.EACH ACCIDENT S 1,000,000
B -
E.L.DISEASE-EA EMPLOYEE S 1,000,000
F=-L 019EASE-POLICY LIMIT S 1,000,000
OTHER. PEC0007742 DEC 2 00 DEC 2 02 $2,000,000 EACH CLAIM
D PROFESSIONAL LIABILITY $2,000,000 AGGREGATE
POLLUTION LIABILITY
IMS MA121 POLICY
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS
RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY,OR ON BEHALF OF THE NAMED INSURED.
CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
CITY OF ITHACAIDEPT OF PUBLIC WORKS DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
WATER&SEWER DIVISION INSURER IT,--AGENTS OR REPRESENTATIVES.
510 FIRST STREET AUTHORIZED
ITHACA.NY 14850-3506 REPRESENTATIVE
Attention: LAWRENCE FABBRpNI
ACORD 25-S(7197) CerttGcate# 17019 ASHLEY HURD
it 11(4i__ P.��;'
�.� CITY OF ITHACA
108 East Green Street— 3`d Floor Ithaca, New York 14850-5690
�► ,` `� DEPARTMENT OF PLANNING AND DEVELOPMENT
q0 H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planning @cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
MEMO
j L
To: Budget and Administration Committee Members
From: Sue Kittel, CD Planner 0
Date: August 22, 2002
Re: Inlet Island Promenade Capital Project
I have enclosed a proposed resolution for your consideration at your next meeting. In the original capital
project, which consists of Canal Corridor Funding, Multi-Modal funds from Tompkins County, and City project
funds, $100.000.00 was set aside for construction of a 100-car parking lot. Our consultant prepared a budget
for the parking lot, and it was discovered that the$100,000 was not even enough to construct a temporary
gravel lot. Further, with the changes in property ownership now underway and the unknowns related to the
exact location of any future development, location and construction of a 100-car lot would be impossible at this
time.
In addition, the Inlet Island Promenade Master Plan has site plan approval and we are ready to go to bid with a
phase I project. The construction of the Promenade is a high priority for the area, especially in setting the
stage for future development. Installing the retaining wall from the Route 89 bridge to Lookout Point should
really happen at one time,for two reasons. The first is cost effectiveness. There is a substantial cost just to get
a contractor on site to do the work, and that mobilization cost would be incurred twice if the wall had to be
completed in two phases. Second, there will be substantial disturbance in the area, both during sheet pile
installation and in installation of the Promenade itself. The more we can get done before development comes
in, the less we will be disturbing new businesses and residents.
In discussion with Mayor Cohen, and in light of the feasibility issues relating to the parking lot construction, I
am proposing that the $100.000 earmarked for parking be freed for construction of the Promenade. We
currently have a construction estimate for the sheet piling that is within $5,000 of the entire amount in this
capital project fund. There are no resources available at this time to build any of the Promenade as we usually
think of it-the walkway, benches, lights, etc.Allowing all of the money in this capital project to be used for
Promenade construction gives us some funds for contingencies, as well as funding to get started on the
walkway. It lets us implement more of the Master Plan and readies the site for coming development.
I would be happy to discuss this request or provide additional information and can be reached at 274-6553 or
suek@cityofithaca.org.
Thank you.
"An Equal Opportunity Employer with a commitment to workforce diversification." 101
Proposed Resolution to Modify the Allowable Use of Funds in Capital Project 375- Inlet
Island Promenade
WHEREAS, Capital Project#375 has been established for the construction of the Inlet
Island Promenade, and
WHEREAS,the Inlet Island Promenade Master Plan has received site plan approval and
a Phase I project is now ready for bidding, and
WHEREAS, construction of a 100 car parking lot on Inlet Island was contemplated as
part of the capital project,with$100,000.00 of the capital project funds dedicated
towards parking lot development, and
WHEREAS, design consultants for the City prepared a budget for the parking lot
construction and the funds available would not even be sufficient for a temporary gravel
parking lot, and
WHEREAS, Inlet Island Urban Design Plan includes permanent parking facilities, and
WHEREAS, construction of the Promenade is a top priority for Inlet Island to attract
development, and the Phase I construction project, consisting of installation of a sheet
pile retaining wall along the Flood Control Channel, is projected to consume the entire
capital project budget, and
WHEREAS,the it is most cost efficient to complete the retaining wall work as one phase,
and
WHEREAS, allowing the funds now earmarked for parking to be used for
implementation of the Inlet Island Promenade Master Plan would permit for completion
of the sheet pile retaining wall and installation of a portion of the Promenade walkway
itself, no therefore be it
RESOLVED, that the restrictions on funds in capital project 375 be lifted so that the
entire amount may be used to implement the Inlet Island Promenade Master Plan in the
most cost efficient manner.
CITY OF ITHACA
V~�J
8 tit 108 East Green Street Ithaca, New York 14850-5690
s
OFFICE OF THE CITY ATTORNEY
09 p.... Norma W. Schwab, City Attorney Telephone: 607/274-6504
Patricia Dunn,Assistant City Attorney Fax: 607/274-6507
Khandikile M. Sokoni,Associate Attorney
i
MEMORANDUM
To: Budget and Administration Commi
From: Patricia Dunn, Assistant City ttv -------- --
Re: Amended Cable Television Ordinance and Telecommunications Ordinance
Date: August 21, 2002
PRESENTATION; BRIEF DISCUSSION-NO NEED TO READ
PROPOSED ORDINANCES IN ADVANCE OF MEETING
After our consultant, Jean Rice, of Rice Williams Associates, constructed a rough
first draft, Susan Brock, Esq., has been reviewing, revising, and re-drafting an amended
Cable Television Ordinance and a Telecommunications Ordinance. The current Cable
Television Ordinance, Chapter 152 "Cable Communications Systems," was promulgated
in 1988, before the Cable Television Consumer Protection and Competition Act of 1992
and the Telecommunications Act of 1996, which, along with Federal Communications
Commission rulings and case law based on the Acts, not to mention the rapid
development of new technology, have caused the City's Cable Communications Systems
ordinance to be outdated. The amended Cable Television Ordinance takes into
consideration the considerable changes in the law since 1988.
The Telecommunications Ordinance is new and is promulgated principally
because the new technologies have exponentially increased the information technology
activities passing through the City. The City has the opportunity and the duty to regulate
those activities, within the parameters of the various Acts, rulings and court decisions
mentioned above. To do so,the City needs a telecommunications ordinance.
Susan and I have worked together over the past several weeks to finalize the
proposed ordinances. At this time, they are ready for review and comment. The City's
consultant, Jean Rice, has recommended that the amended Cable Television Ordinance
and the Telecommunications Ordinance go into effect before the City enters into a cable
television renewal franchise.
The next steps, and proposed timeline, are as follows:
• Presentation of proposed ordinances to B&A at August meeting, with
discussion, requesting review and comment, if any, within 30 days. (copies to
Common Council members shortly after B&A meeting)
\\CITYHALLSERVER\VOL2\ATTORNEY\DUNN\Memoranda\Cable-TelcomMemo8-21-02.doc
An Equal Opportunity Employer with a commitment to workforce diversification." ��
• Send proposed ordinances for review and comment to cable and/or
telecommunications providers concurrently with B&A presentation.
• Based on comments from B&A and providers, incorporate changes, if any, to
proposed ordinances.
• Further discussion of proposed ordinances at September B&A meeting; seek
approval to forward to Common Council.
• Present proposed ordinances to full Common Council at October meeting for
discussion and action.
\\CITYHALLSERVER\V OL2\ATTORNEY\DUNN\Memoranda\Cable-TelcomMemo8-21-02.doc
CITY OF ITHACA
�+ st 108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTOWNEY — ---------
`-ti Norma W Schwab, City Attorney Telephone: 607i274-6504
0 Patricia Dunn, Assistant City Attorney Fax: 60-7%274-6507
khanclikile W Sokoni,Associate Attornev
MEMORANDUM
To: Robert Romanowski, Chair, Board of Fire Commissioners
From: Norma W. Schwab, City Attorney
Date: August 28, 2002
Subject: Power of the Board of Fire Commissioners—Implementation of Fees for Emergency
EMS and Rescue Services
I have been asked by Bob Romanowski,Chair of the Board of Fire Commissioners,to render
an opinion regarding the scope of the powers of the Board of Fire Commissioners pursuant to the
Ithaca City Charter,and whether or not Common Council could impose an EMS/Rescue Fees billing
policy even though the Board of Fire Commissioners has unanimously rejected the EMS/Rescue
Fees proposal.
Section C-35 states that Common Council "shall have the management and control of the
finances and of all property,real and personal,belonging to the City except as otherwise provided
by this Charter ..." (emphasis added). Clearly Common Council is the entity that in most
circumstances has jurisdiction over the City's financial affairs. However, C-35 also states very
clearly that Common Council can make exceptions to this ultimate authority.
The issue at hand is whether or not the powers conveyed in the charter to the Board of Fire
Commissioners (Charter Sections 93-98) is an exception to Common Council's general ultimate
powers. C-96 (A) is extremely broad in the powers that it grants to the Board of Fire
Commissioners. It reads as follows:
It shall be its duty and said Board of Fire Commissioners shall have power:
A. To assume control and management of all apparatus, fire alarm
systems,equipment,appliances,supplies,buildings and employees exclusively in the
Fire Department service.
Although the power to decide whether or not to impose fees for services is not specifically
addressed in the Board of Fire Commissioner's section of the Charter, fees for services is certainly
"An Equal Opportunity Employer with a commitment to workforce diversification." �«!
Memo to Robert Romanowski
August 28, 2002
Page 2
related to management of apparatus,fire equipment,and employees. It is also clear from reading the
charter that when Common Council wanted to reserve ultimate authority to itself, it did so. C-93
makes it clear that any purchase or conveyance of any real property by the Board of Fire
Commissioners shall be subject to the approval of Common Council. Likewise, Section C-96(B)
makes it clear that either the organization of new fire companies or disbanding any department
company is subject to the approval of Common Council.
Although,as stated above,the imposition of fees for service is not specifically addressed in
the Charter, it is my opinion that C-96(A) is broad enough to include the imposition of fees for
services within its intended meaning. In addition,Common Council did reserve certain powers to
itself as they relate to the powers of the Board of Fire Commissioners,and did not do so in C-96(A).
Therefore,it is my opinion that imposition of fees for services is within the province of the Board of
Fire Commissioners, as delegated by Common Council.
I would advise that should Common Council wish to make the powers set forth in C-96(A)
subject to their approval,they would need to do so by means of a local law as a Charter amendment.
/dmlt
PC: Alan J. Cohen, Mayor
Brian Wilbur, Chief, Ithaca Fire Department
K:lnormauncmosVormnowski.doc
CITY OF ITHACA
NO r� 310 West Green Street Ithaca, New York 14850-5497
s'
c�'�Po�►TEO�� OFFICE OF THE FIRE CHIEF!
Telephone: 607/272-1234 Fax: 607/272-2793
MEMORANDUM I I'
To: Budget and Administration Committee
From: Brian H. Wilbur
Re: EMS/Rescue Fees
Date: 21 AUG 02
At the June meeting of the B&A Committee,members present were briefed on the
concept of proposed legislation that would authorize the fire department to assess fees for
the delivery of emergency medical and rescue services. Since that time, this proposal has
been submitted to the Board of Fire Commissioners for consideration.
The proposal was presented to City Attorney Schwab prior to delivery to the Board of
Fire Commissioners. It was modified from the original as the result of her review.
The proposal packet was presented for consideration at the 09 JUL 02 meeting of the Fire
Commission, and discussed and acted on at their 13 AUG 02 meeting. Subsequent to the
July meeting of the Fire Commission, I also met with Tim Bangs, proprietor of Bangs'
Ambulance, and presented the concept to him. At the August meeting, the Fire
Commission rejected the concept and proposal out-of-hand.,
At our preliminary budget review meeting with Mayor Cohen and Controller Thayer on
19 AUG 02, Mayor Cohen directed me to move this proposal along to Council, via B&A.
The proposal is attached.
In this packet please find the following:
1) Proposed resolutions that would adopt legislation authorizing the fire department
to charge and collect fees for emergency medical and rescue services. Included in
that packet are examples of the type of policies and procedures that would be
developed and issued to implement this legislation.
2) A list of(frequently asked) questions (FAQ's), which were posed by the Board of
Fire Commissioners at their July and August meetings and answered by me.
Research and development of this proposal will continue and I will bring any new
information to you as soon as I get it.
IFD FC HD:Documents:wpdocs IFD Work:life safety:administration:budget:revenue items:B&A memo on EMS/Rescue fees
"An Equal Opportunite Emplover with a commitment to worktorce diversification" n
CITY OF ITHACA
310 WEST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF TEL (607)272-1234
BOARD OF FIRE COMMISSIONERS FAX (607)272-2793
August 22, 2002
Mayor Cohen,
On August 13, 2002, We, the Board of Fire Commissioners voted in unanimous
rejection of a proposal to implement fees for emergency ems and rescue services
performed by the Ithaca Fire Department within the City and Town of Ithaca. Given the
very nature of this proposal, the valuable time spent by Chief Wilbur and other members of
the Ithaca Fire Department, and to provide a basis for this decision, a written statement is
warranted.
The proposal was first brought to the Board of Fire Commissioners in July,
seeking an attachment of fees for emergency rescue services performed by the Ithaca Fire
Department. Similar services are currently provided by Bangs Ambulance, which is a"for
profit" agency. Albeit the IFD responds to calls-in-kind, as of this writing the IFD is not
a"for profit" agency. Rather, it is a department under the City of Ithaca and primarily
funded by taxpayer dollars. Being cognizant of the City's fiscal woes, we indulged this
line of thinking, submitted questions and requested follow-up information of Chief Wilbur.
As always, the Chief did an excellent job and the materials were available for the August
meeting.
In researching this area, it was found that private, for profit agencies and some
volunteer-only fire departments attach such fees to their services.Fire Departments whose
medical and ambulance services are a separate unit within their department,and usually the
only source a community has for the provision of these services, are the ones who must
charge for these services. In further exploration, fees of this nature, per the proposal, are
unprecedented for fire departments whose majority are paid firefighters and tax payer
funded According to the City Attorney's review, there is only an"appearance" of
propriety for attaching fees of this nature and content. With an estimated $124,000 in
potential revenues generated from these fees, factoring in the uncertainty of insurance
coverage, non-payment, collection services, third party billing systems, and undoubtedly a
court challenge, the possible revenues will quickly become deficits. The risks far outweigh
the questionable gains;the loss of respect and prestige for a fine Department and the ones
responsible for a decision of this kind will be enormous.
"An Equal Opportunity Employer with an Affirmative Action Program" Recycled Paper
After careful review and discussion, it is our determination that a fee for
emergency services is not the appropriate venue with which to generate revenues for the
City of Ithaca. Further, to attach revenue generation to a department whose very charge
is to protect, save, and assist, is a contradiction at best and certainly ill-advised. Residents
have necessary expectations when situations occur. When there is an assault, robbery, or
murder, it is expected that Police Officers will respond. When a water main breaks, the
expectation is the folks from Public Works will take care of it. And, when a home is on
fire, car accident victims require extrication, a loved one has a massive heart attack and
time is not on their side, the Fire Department will respond. These are not "optional"
services used by a few. They are essential services used by all. To think otherwise is
nothing more than short-sighted.
Should the Mayor's office, members of Common Council, and the City Ithaca wish
to pursue revenues via the Ithaca Fire Department, the appropriate avenue would be
through legal channels. It would be prudent and advantageous to pursue increases in
restitution judgments upon those found guilty of malicious intent and blatant disregard.
Those who decidedly jeopardize their safety and that of their rescuers when proceeding
on trails that are closed and find themselves in the gorge; Those who park their cars in
clearly marked fire lanes or next to bright orange fire hydrants; And, those who illegally
burn items in their backyards leading to out-of-control fires. These are the situations that
put our firefighters lives and the lives of our residents at great risk that the community
should be compensated for. It is not the"accident" victim, the cardiac patient, nor their
families who should be further burdened by a bill from the fire department. This is simply
common sense and places value upon a priority department.
Respectfully,
City of Ithaca-Board of Fire Commissioners:
Robert S. Romanowski-chair Paul R. Alexander-vice chair
( Town of Ithaca) ( City of Ithaca)
Greg Kirkpatrick-commissioner Jana L. Taylor-commissioner
(Town of Ithaca) ( City of Ithaca)
cc: Common Council Members
Page 1 of 1
Carol Shipe -Fire Department fees for Providing Emergency Services.
From: "Robert S Romanowski" by way of Brian Wilbur<brianw @cityofithaca.org>
<elborom @usadatanet.net>
To: "Brian Wilbur" <brianw @ci.ithaca.ny.us>
Date: 8/21/02 3:32 PM
Subject: Fire Department fees for Providing Emergency Services.
CC: "Greg Kirkpatrick" <greg.kirkpatrick @crwilsonengineering.com>, "Jana Taylor"
<janaward5 @aol.com>, "Paul Alexander" <alexanderpsr @aol.com>
Dear Brian,
As per the unanimous rejection by The Ithaca Board of Fire Commissioners
of a proposal to implement fees for emergency fire and medical services
performed by the Ithaca Fire Department,any move by the Mayor or Common
Council to impose this mandate on the Fire Department,without the consent
of the Board of Fire Commissioners will constitute a direct violation of
the City Charter,as specified in ArticleV 1(Board of Fire Commissioners)-
sectionC-96,para'sC and E.
It is an idea which has come to the Board,discussed and rejected as one
which is in direct opposition to what emergency service provided by the
Fire Department is about.
Robert S. Romanowski,Chairman
Ithaca Board of Fire Commissioners
file://C:\TEMP\GW}OOOO 1.HTM 8/22/02
Ithaca Fire Department 21 AUG 02
Rescue and Emergency Medical Fee Proposal page 1 of 9
1 Whereas, it is the intent of the Mayor and Common Council of the City of Ithaca to
2 recover as many costs as are incurred in the delivery of services as are legal and
3 practical; and,
4
5 Whereas, § 122-b.1. of the New York State General Municipal Law (NYS GML) states
6
7 Any county, city, town or village, acting individually or jointly, may
8 provide an emergency medical service, a general ambulance service or a
9 combination of such services for the purpose of providing prehospital
10 emergency medical treatment or transporting sick or injured persons
11 found within the boundaries of the municipality to a hospital, clinic,
12 sanatorium or other place for treatment of such illness or injury...
13 and,
14
15 Whereas, § 122-b.2. of the NYSG GML states
16
17 Such municipality shall formulate rules and regulations relating to the use
18 of such apparatus and equipment in the provision of emergency medical
19 services or ambulance service and may fix a schedule of fees or charges
20 to be paid by persons requesting the use of such facilities. Such
21 municipalities may provide for the collection of such fees and charges or
22 may formulate rules and regulations for the collection thereof by the
23 individuals, municipal corporations, associations, or other organizations
24 furnishing service under contract as provided in paragraph one of
25 subdivision one of this section;
26 and,
27
28 Whereas, § 209-b. of the NYS GML states
29
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Ithaca Fire Department 21 AUG 02
Rescue and Emergency Medical Fee Proposal page 2 of 9
30 The authorities having control of fire department and fire companies may
31 organize within such departments or companies emergency rescue and
32 first aid squads composed of firemen who are members of such
33 departments or companies. Such squads, so organized, may render
34 services in case of accidents, calamities or other emergencies in
35 connection with which their services may be required, as well as in case of
36 alarms of fire...
37 and,
38
39 Whereas, the Board of Fire Commissioners and Common Council have authorized
40 the delivery of such services to the City and Town of Ithaca; and,
41
42 Whereas, the City and Town of Ithaca have relied on a two-tiered system,
43 comprised of the Ithaca Fire Department and Bangs Ambulance Service, for the
44 delivery of emergency medical/rescue and general ambulance services
45 (respectively) for over 25 years; and,
46
47 Whereas, this combination of services has provided rapid response, efficient
48 intervention, and the savings of countless lives over these many years; and,
49
50 Whereas, the delivery of these services has been without direct charge from the
51 Ithaca Fire Department to the patient, rather they are supported from general
52 fund appropriations; and,
53
54 Whereas, the cost of these services by the Ithaca Fire Department are not
55 insignificant; and,
56
57 Whereas, the nature and type of services delivered have increased as the result
58 of societal changes and regulatory demands, including as examples, such
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Ithaca Fire Department 21 AUG 02
Rescue and Emergency Medical Fee Proposal page 3 of 9
59 technical rescue fields as confined space and (collapsed) trench rescue; now,
60 therefore be it
61
62 Resolved, the Ithaca Fire Department is legally authorized and is hereby directed to, and
63 will recover costs directly related to the delivery of emergency medical services (EMS)
64 and/or rescue services, including, but not limited to, basic and advanced life support
65 services, extrication, disentanglement, water or ice rescue, confined space or trench
66 rescue, gorge or other terrain or elevation differential condition; and, be it further
67
68 Resolved, the costs for such services shall be recovered by the collection of fees, which
69 shall be assessed according to the attached schedule, which may be revised from time
70 to time by the Board of Fire Commissioners.
71
72 An Ordinance to Adopt Fee Schedules for EMS and Rescue Services
73
74 Whereas, by operation of GML §122-b, the City of Ithaca is entitled to collect fees for
75 the delivery of emergency medical and rescue services; and,
76
77 Whereas, by resolution the Common Council of the City of Ithaca has directed the Ithaca
78 Fire Department to collect fees for the delivery of emergency medical and rescue
79 services; and,
80
81 Whereas, Chapter 181, Fire Prevention, Code of the City of Ithaca, contains local
82 legislation dealing with fire prevention and protection, including the establishing of fees
83 for the delivery of certain services by the fire department; and,
84
85 Whereas, it is deemed appropriate to promulgate a fee schedule for the delivery of these
86 services within Chapter 181; now, therefore, be it
87
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Ithaca Fire Department 21 AUG 02
Rescue and Emergency Medical Fee Proposal page 4 of 9
88 Resolved, Chapter 181 is amended by adding a new Article III, entitled "Operations", as
89 follows:
90
91 Article III
92 Operations
93
94 § 181-23. Rescue and emergency medical services.
95
96 A. Authority. Pursuant to the authority established in §122-b. and § 209-b of the
97 New York State General Municipal Law. and by resolution of Common Council
98 dated XX)=XX. the Fire Department of the City is hereby authorized and
99 permitted to charge the reasonable and direct costs of rop viding rescue and
100 emergency medical services to the ep rson(s) receiving such services.
101
102 B. Conditions, The Chief of the Fire Department is authorized to promulgate such
103 policies and procedures as will implement this authority according to the
104 following conditions:
105
106 (1 ) In the case of a single patient incident, charges shall be assessed only to
107 the person receiving direct care from the Ithaca Fire Department.
108
109 (2) In the case of multiple patient incidents such as a motor vehicle crash.
110 total charges shall be determined and then assessed equally against each
i l l vehicle involved. or if no vehicles, each person receiving such services as
112 were reouired for that incident.
113
114 (3)Charges shall be those incurred to deliver rescue or emergency medical
115 services, and shall be determined based upon an average rate per hour for
116 such apparatus and equipment, and minimum crews as which would
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Rescue and Emergency Medical Fee Proposal page 5 of 9
117 normally be assigned to the apparatus. plus the actual cost of sup lies
118 used in the delivery of such services. The duration of service shall be
119 determined by determining the length of time from the time of dis ap tch.
120 to the time such apparatus is returned to service. to the nearest half
121 hQUL.
122
123 (4) The charges assessed for each apparatus shall be determined by
124 comparison with rental charges for similar vehicles in the area. and shall
125 be reviewed annually to insure accuracy. All such charges shall be
126 reviewed and approved annually by the Board of Fire Commissioners.
127
128 (5) The charges assessed for personnel shall be based upon an average
129 hourly rate for all career personnel in the fire department, including fringe
130 benefits. For this purpose, all personnel working as part of a crew at an
131 incident shall be considered as fully compensated. Such rates shall be
132 recalculated annually and prominently posted in the administrative offices
133 of the fire department.
134
135 (6) The minimum billing for such services shall be one vehicle and crew for
136 one hour. In those instances where no patient care is rendered, or no
137 ambulance assistance is provided. or no other on-scene services or
138 activities are provided, no bill shall be prepared nor submitted for
139 payment.
140
141 (7)Billing shall be made directly to the person to whom such services were
142 provided. In the case of persons who do not survive, and who do not
143 have insurance coverage; including recoveries (e.g. aorge suicide). costs
144 incurred shall be billed to the estate of the individual involved.
145
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146 (8) In the event such bill is not paid within 30 days of issue. interest in the
147 rate of 18% per annum shall be assessed for any amount due and
148 payable. Any uncontested bills remaining unpaid after 120 days may be
149 referred to a third arty collection agency for collection.
150
151 (9) Persons wishing to contest a bill may make such appeal to the Board of
152 Fire Commissioners within 30 days of the billing date. The Fire
153 Commission shall have authority to review for the purposes of
154 determining that the bill has been issued in accordance with this code.
155 and that charges made are accurate. and the person to whom the bill was
156 issued is the person receiving such services.
157
158 And, be it further
159
160 Resolved, this ordinance shall take effect immediately upon publication as required by
161 law.
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162
163 ITHACA FIRE DEPARTMENT
164 POLICY STATEMENT
165
Issue DT Classification Code 430,1006.01
Draft 430 EMS/Rescue
Effective DT Subject
Draft Billing for Rescue and Emergency Medical Services
Review DT Review by Whom Rescinds None
See Table of Contents Chief
166
167
168 OBJECTIVE: To define the method and procedures to be used in assessing
169 charges and billing for the delivery of rescue and emergency
170 medical services,pursuant to City Code § 181-23,
171
172 POLICY:
173
174 1) Any person receiving rescue or emergency medical services from the Ithaca
175 Fire Department is subject to billing for such services.
176 2) Such services shall be billed based upon a combined hourly rate for apparatus
177 and crew. Such hourly rate shall be determined by the Fire Chief's Office and
178 shall be posted in that office, and included in the policy and procedure
179 manual as policy# 120.1003 - Rescue and Emergency Medical Services Fee
180 Schedule.
181 3) Determination of billable hours shall be based upon dispatch logs, and shall
182 be the length of time from time of dispatch to time back in service for each
183 apparatus and/or crew dispatched and used.
184 4) Costs for consumable supplies shall be actual costs of supplies used. A chart
185 showing costs for many common items is included in policy 120.1003.
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186 5) A billing work sheet shall be used to document the activities, time spent, and
187 materials used for billable emergency response activities. The work sheet
188 shall be included as a form with policy 120.1003F.
189 6) The minimum billing for any service provided shall be one hour.
190 7) In those instances where no patient care is rendered, or no ambulance
191 assistance is provided,or no other on-scene services or activities are
192 provided,no bill shall be prepared nor submitted for payment.
193
194 APPROVED BY:
195
196
197
198 Brian H. Wilbur
199 Fire Chief
200
201 Revision History: .01— Original Release
202
203 Distribution:
204
205
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206 ITHACA FIRE DEPARTMENT
207 POLICY STATEMENT
208
Issue DT Classification Code 120,1003.01
Draft 120 Budget
Effective DT Subject
Draft Rescue and Emergency Medical Services Fee Schedule
Review DT Review by Whom Rescinds None
See Table of Contents Chief
209
210
211 OBJECTIVE: To set forth rental costs for apparatus and equipment, with
212 crew.
213 POLICY: Rental Fee Schedule - all rates per hour
Motor Vehicles Hourly Crew Min Crew Total
Rate Rate FP Size
Engine (aka fire pumper) $60.00 $32.00 2 $124
Truck (aka ladder) $75.00 $32.00 2 $139
Heavy Rescue Vehicle $65.00 $32.00 2 $129
Light Rescue Vehicle $25.00 $32.00 2 $89
Support vehicle (4 X 4, SUV type) $20.00 $32.00 2 $84
Decontamination bus $30.00 $32.00 2 $94
Utility lift truck $35.00 $32.00 1 $67
Trailer, flat bed $5.00 $32.00 1 $37
Trailer, trench rescue $20.00 $32.00 8 $276
Boat, power $15.00 $32.00 4 $143
214
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Ithaca Fire Department EMS/Rescue Fees and Revenues Proposal 21 AUG 02
Frequently Asked Questions (FAQ's) page 1 of 4
09 JUL 02
1) What other municipalities are doing this?
his?
Many municipalities have adopted some sort of revenue recovery for delivery of
various services, including some for traditional services delivered by fire
departments such as emergency medical and rescue services. The closest
department that we are aware of is the Enfield Fire Company, which serves the
Town of Enfield. Other departments which have adopted some sort of cost
recovery are in Dryden and Trumansburg, both of which charge for their
ambulance service. Groton currently does not charge a fee for ambulance service.
Per research done by Board Chair Romanowski, the Enfield Fire Company only
attempts to recover the costs of equipment broken or damaged as a result of its
use to deliver a specific service. They do not charge for their services in general.
Also, Chair Romanowski was advised by representatives to the Firemen's
Association of the State of New York(FASNY) that, with the exception of those
departments who are the sole providers of EMS in their jurisdictions, no other fire
departments in New York State are doing cost recovery billing.
Also, Chair Romanowski reported that the NYS Police do not charge for any of
the services provided by that agency, including search and rescue support, dive
teams, and similar operations.
On the other hand, I have learned that currently, the Utica, Syracuse, and Cohoes
fire departments all charge for rescue services such as extrication. Watertown is
in pursuit of this same authority as are others. Utica uses a third party biller to
send out the bills for service while Cohoes bills directly for extrication, using a
flat fee plus expenses as the basis for the charge.
2) Why both emergency medical and rescue services? Why not just rescue?
Emergency medical and/or rescue response are about 30% (1296 per year
average)of the emergency calls we respond to. Rescue calls (only) are about 1%
(<40 per year) of the total. If the effort to create and implement a billing system
is going to be made, it must be cost effective to do so. Of the total, about 15% are
not billable now (no patient, no injuries, assistance not needed, etc.).
3) Is this legal? If so, when and how did it become so?
According to City Attorney Norma Schwab, it appears that the City is authorized
to charge a fee for emergency medical and rescue services provided by the Fire
Department.
4) Who will get the bill: the patient, the property owner, or the deceased estate?
The draft policy looks for maximum opportunity to bill for services rendered,
including billing estates of those deceased. If adopted, the final policy will be
subject to the preferences of policy makers who must approve it.
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Frequently Asked Questions (FAQ's) page 2 of 4
5) Who will do the billing?
The Ithaca Fine Department does not have the resources to take on additional
accounts receivable work. In order to do this, either the department must have
additional personnel, or a third-party billing agency must be utilized.
6) Are there options for this?
The Chamberlain's Office would prefer to be in the "receivables"business for us,
but do not currently have the resources to do so. In the meantime, the City
Chamberlain would like to be kept in the loop on what we are doing here.
7) What impact will this have on the fire department?
As you might expect, there is an immediate emotional reaction internally. Many
are opposed to the concept of charging for services that have traditionally been
provided at no charge to the recipient. In terms of workload, it is likely to have an
adverse impact,primarily because we are already short handed. Adding to the on-
scene and in-station paperwork burden, when they oftentimes struggle to get clear
of one call so that they can move on to the next one, will be difficult.
Similarly, it is feared that adverse public reaction to being billed for traditionally
"free" fire department services will generate ill feeling against the department,
which may translate into a loss of public support.
A concern on the potential for harming relations with Bangs' Ambulance has also
been expressed. Related to this, it is conceivable that patient care may be
compromised as decisions relating to who responds are influenced by billing
questions rather than medical ones.
On the other hand, if generating more revenues is the only way to maintain the
staffing we have,the lesser of two apparently bad choices must be selected.
8) Will any revenues generated be earmarked to support the fire department?
This is a policy issue, but our experience to date has not been favorable in this
regard.
9) Will a public heating be e required or otherwise held to allow public comment?
As was done with the fees for permits for places of assembly, it would be prudent
for the Board and/or Common Council to conduct a hearing to provide an
opportunity for the public to be heard on this one. Depending on how the
legislation is adopted, and in what form, a hearing may, or may not be required.
10) What impact will this have on the Town, and/or the fire protection agreement with
the Town?
Given the town contracts with the Ithaca Fire Department for service, applying
the fees to services rendered in the Town will not be automatic. At the very least,
the Town Board will likely need to include language regarding this in the fire
protection agreement, and the Town Board may have to adopt specific legislation
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authorizing imposition of these fees in the Town. Given the nature of town law, it
is also likely a public hearing will also be required before the Town is authorized
to adopt such legislation.
Absent agreement on this, it is possible that the fire department may only be able
to collect these fees for service provided in the City of Ithaca. In my opinion,this
would create a disparity that would be very difficult to deal with, and a workload
that would be unduly burdensome.
Per Board Chair Romanowski at the 13 AUG 02 Fire Commission meeting, the
Town Board is generally negative to this proposal.
11) Will patients who receive medical care from both the fire department and Bangs'
Ambulance be "double billed"?
Yes. In those instances where service was rendered by both agencies, two bills
would be rendered as well.
12) How would that work?
These are all decisions to be made, but discrete billing for the specific services
rendered, as opposed to a general "show up" fee, may be required.
13) What cost projections have been made? How much revenue are we talking
about?
Given the five year average of 1,296 calls per year that involve EMS or rescue
services, less the average of 15% "cancelled en route"calls, times the minimum
billing that might be charged of one engine and crew ($124), we are talking about
a potential for$136,524 in revenues, less expenses required to bill and collect,
and a deduction for uncollectable bills.
14) What about those bills that are not paid?
Some services engage in what is known as "soft billing", meaning that they
collect what people (insurance companies) readily pay, and forget the bills that
don't get paid, thus avoiding the hassles of collecting. The city would be
obligated to pursue all bills issued, using whatever tools were available to receive
payment. This may include using collection services, or putting unpaid bills on a
person's property tax.
15) What if we don't adopt this plan?
The real issue here is the ability of the City to fund the services it provides. The
City is facing a $1,500,000 deficit in its budget projections for 2003. If the gap
isn't closed, the fire department's ability to deliver services may be severely
impaired. We have been under a no-growth budget scenario since 1992, and at
the same time have seen a continual erosion of the volunteer and bunker program
to the point that we have few of either to rely on for day-to-day business or the
"big one". Although there is finally some light at the end of the tunnel, it is likely
it won't be until 2004 that we begin to see the benefits of what's behind that light.
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13 AUG 02
16) If a specific service(e.g. fire department EMS response) is not requested by the
citizen calling for help,can the fire department charge for it anyway?
A general principal that may be applied is that once a citizen requests assistance,
it sets in motion a sequence of events that is hard to alter. As such, he or she is
not in charge of how that assistance is provided. In Ithaca, we use a two-tiered
system to deliver emergency medical services, and it is designed to bring help for
life-threatening emergencies as quickly as possible. In the seconds that are
available to sort out what should happen to save a life, screening for billing
purposes doesn't seem to fit.
It is likely that whether or not someone can or should challenge the fire
department response to an EMS call will ultimately be decided in the courts.
17) What is the industry average for uncollectable billings in the EMS field?
We are still researching this question.
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o�iT. a4� CITY OF ITHACA
108 East Green Street Ithaca,New York 14850-5690
OFFICE OF THE MAYOR • ALAN J.COHEN
PoOTelephone: 607/274-6501 Fax: 607/274-6526
To: Common Council
From: Alan J. Cohen, Mayor
Re: Insurance requirements
Date: 8/23/02
After discussions with Paulette Manos last year and more recent discussions
with Dan Cogan, we approached Norma about changing the requirement that
requires a certificate of insurance for neighborhood associations that want to have a
block party. But first some background.
§342-38 of the administrative code states that 'no permit for street obstruction
shall be issued ....without....public liability insurance....to insure the city'. Based on
conversations with city staff and the language of the section, it seems that this
provision added to the code in response to utility companies and other entities
doing work in the public right of way. Last year the Superintendent of Public Works
interpreted the section to also apply to block party street closing applications.
This interpretation, while technically correct, does not seem to be the
intended purpose of this requirement, and puts an onerous burden on
neighborhood associations desirous of having outside neighborhood gatherings.
This is particularly true after 9/11/01, when insurance rates have rapidly escalated,
making it impracticable for a homeowner to purchase this insurance.
We are requesting a change in the code that exempts neighborhood block
parties from this requirement. While such an exemption will technically and
nominally increase the city's liability exposure , it will more importantly make it
easier for city residents to host events that promote better communication amongst
neighbors and overall neighborhood vitality.
"An Equal opportunity Employer with an Affirmative Action Program" c
ORDINANCE NO. -2002
Whereas, the insurance limits set forth in §342-38(A) are out-dated and in need of
revision to reflect current,prudent, and standard liability insurance amounts; and
Whereas, §342-38 of the City of Ithaca Code requires that in order for a street obstruction
permit to be issued,public liability insurance must be procured by the permittee; and
Whereas, this section of the Code has been interpreted to apply to street closings which
are occasioned by neighborhood block parties, and similar neighborhood gatherings that take
place in the public rights-of-way; and
Whereas, Common Council has determined that it is in the City's best interest to promote
communication amongst neighbors, and overall neighborhood vitality by making neighborhood
gatherings such as block parties accessible to all neighborhoods; and
Whereas, Common Council has determined that requiring individuals to procure
insurance puts an onerous burden on neighborhood associations who wish to have neighborhood
gatherings in the out of doors,which include gatherings in the public rights-of-way;
BE IT NOW ENACTED by the Common Council of the City of Ithaca as follows:
Ithaca City Code §342-38 is amended as follows:
§ 342 38 T„s„ranee roquir-omen4s
A No ormit for—street obstmetion shall be issued by
SupeFintendent until the appheant ther-efer shall have first plaeod on file With fhA
City Glerv, without sect—to the eity, satisfaeter-y evidenee of ubli. liability
the a pA of not loss than $100,000 for- and not toss
than $300,000 for-any one areident and pr-epei4y damage insufanee in the amount
New language underlined; deleted language stmsk dwough.
CATEMP\block parties.doc
of not less than $50,000 f any one ,.;a°„+ an $100,000 in the aggregate an
satisfaetor-y evidence that d—inSuranEe has been approved as to fef r,
ooFmotness and adequaey by the City Attemey to insur-e the esity against any less,
ify or- damage ansing out of the granting of the peFmit or- from negligenee o
fault of said applicant or-hisA4eF agents, servants or- employees in oonnection wi
obst ,,e fie,, „ ,.its, ., work,- la4ea the--°+„
eriod of the p°,mit, as well as uthorized exteHsia—ms-Ob-A-FeeT-and shall
an endorsement to the offeet that the insurmee esompany will give at least 10 days'
AjY44-e- -notice—to—the—city—o any modification-off eanooliation of any sueh
§ 342-38. Insurance requirements.
A. No permit for street obstruction shall be issued by the
Superintendent until the applicant therefor shall have first placed on file with the
City Clerk, without cost to the city, satisfactory evidence of public liability
insurance in the amount of not less than:
Commercial Liability Insurance
$2,000,000 aggregate
$1,000,000 products/completed operations
$1,000,000 personal &advertising injury
$1,000,000 each occurrence
$300,000 fire damage (any one fire)
$5,000 medical expenses(any one person)
(If the permittee is a contractor — specify on certificate that aggregate is
specific to particular job alone.)
Excess Liability Insurance
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C:\TEMP\block parties.doc
$5,000,000 each occurrence
$5,000,000 general aggregate
Automobile Liability Insurance
$1,000,000 each accident
(including coverage for any auto including hired and non-owned)
Workers Compensation(if permittee has employees)
The City shall be named as an additional insured with respect to
Commercial General Liability, Excess Liability and Automobile Liability.
Prior to granting a permit for street obstruction, said insurance must be
approved as to form, correctness and adequacy by the City Attorney to insure the
city against any loss, injury or damage arising out of the granting antin of the permit or
from negligence or fault of said applicant or his/her agents, servants or employees
in connection with said obstruction or with any work related thereto.
B. Such insurance must remain in force throughout the effective
period of the permit, as well as any authorized extensions thereof, and shall carry
an endorsement to the effect that the insurance company will give at least 10 days'
written notice to the city of any modification or cancellation of any such
insurance.
C. Block parties and similar neighborhood gatherings, for which a
street obstruction permit has been granted, are exempt from the insurance
requirements set forth in Section 342-38(A) above. Street obstruction permits for
block parties and similar neighborhood gatherings shall be issued only upon the
condition that no alcohol is consumed in the public rights-of-way.
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Severability is intended throughout and within the provisions of the
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.
This Ordinance shall take effect immediately and in accordance with law
upon publication of notice as provided in the Ithaca City Charter.
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RESOLUTION#
Budget and Administration Committee
August 28, 2002
WHEREAS, the Dept of Commerce has released data from the year 2000 US Census of
population, and,
WHEREAS,the City of Ithaca created boundaries for five city wards for the purpose of
electing 2 council members from each ward to represent residents of that ward in 1992
and is required to review those boundaries after each decennial Census if there are
significant shifts in population, and,
WHEREAS,the City Redistricting Task Force was asked to study the ward boundaries
and make recommendations to Council on what the ward boundaries of the City of Ithaca
should be in light of the changes in population from 1990 to 2000, and,
WHEREAS, the redistricting task force met and deliberated on the merits of various
alternatives for ward boundaries, including the alternative of adopting as ward boundaries
those sections of County legislative districts which fall within the city boundaries, and are
similar to current city wards, and,
WHEREAS,the task force also determined that creating wards of a different number than
five or establishing at large voting for Common Council were not the best courses of
action for the City, and,
WHEREAS,the Task Force has submitted to the Budget and Administration committee
its report entitled "CITY REDISTRICTING 2002-REPORT TO THE ITHACA COMMON
COUNCIL from the City of Ithaca Redistricting Task Force, August 20, 2002", and,
WHEREAS,the task force in its report recommends that the city adopt as its wards the
city portion of the similarly numbered county legislative districts citing that it is
extremely important to avoid voter confusion, extra expense and difficulty in staffing
additional election districts which would result if the boundaries were not the same, and,
WHEREAS,the Budget and Administration Committee accepts the recommendation of
the task force,now, therefore,
BE IT RESOLVED,that the Budget and Administration Committee requests that Council
adopt the ward boundaries as recommended by the redistricting task force.