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03-27-13 City Administration Committee Meeting Agenda
Yrir CA MeetingDATE:March 27,2013 TIME: 6:00 pm LOCATION: 3rd Floor, City Administration Committee City Hall Council Chambers f�c©RFl7A0.tiC�l�� AGENDA ITEMS Item Voting Presenter(s) Time Item? Allotted Chair, Chris Proulx 1. Call To Order *Note: We will review the number of 10 Min* 1.1 Agenda Review No cards received at the beginning of each 1.2 Review and Approval of Minutes Yes meeting and adjust time if needed. 1.3 Statements From the Public No 1.4 Statements From Employees No 1.5 Council Response No (6:10 pm) 2. Standing Sub-Committee and Staff Reports 2.1 Workforce Diversity Committee No 2.3 Others as Needed No Finance—Approval of 2011 Single Audit Yes Steve Thayer, City Controller 10 Min Leslie Spurgin, CDLM (6:20 pm) 3. 2014 Budget Process 3.1 Preview of 2014 Budget Assumptions No Steve Thayer, City Controller 15 Min 3.2 Discussion of Planning and Building No Graham Kerslick, Council Member 25 Min 3.3 Discussion of Transit and Infrastructure No Donna Fleming, Council Member 25 Min 3.4 Council Budget Survey No Chris Proulx, Council Member 10 Min (7:35 pm) 4. City Administration, Human Resources, and Policy 4.1 DPW—Request to Adopt the City of Ithaca Title VI and LEP Plan—Ithaca Commons Repair and Upgrade Project Yes Tom West,Asst. City Engineer 10 Min 4.2 DPW—Request for Undertaking by NYSDOT Yes Ray Benjamin,Acting Supt of DPW 10 Min (7:55 pm) 5. Finance,Budget,and Appropriations 5.1 DPW—Transfer of Funds from Maintainer to Light Equipment Operator Position Yes Ray Benjamin,Acting Supt. of DPW 5 Min 5.2 YB—Request to Amend 2013 Budget Yes Liz Vance,Acting Director, IYB 15 Min 5.3 YB—Discussion of Impact of Potential Increase in Minimum Wage No Liz Vance,Acting Director, IYB 10 Min 5.4 DPW—Recommendation to Establish Funding to Replace Water Main on Edgecliff Place Yes Erik Whitney,Asst. Supt for W&S 10 Min 5.5 DPW—Amendment to Engineering Contract for Additional WWTP Improvements Yes Erik Whitney,Asst. Supt. for W&S 10 Min 5.6 DPW—Discussion of Water Supply Project No Erik Whitney,Asst. Supt. for W&S 10 Min Construction Phase (8:55 pm) 6. Committee Discussion Items 7. Meeting Wrap-up 6.1 Announcements No All 5 Min 6.2 Review Agenda Items for Next Meeting No 6.3 Adjourn Yes (9:00 pm) Committee Charge: The CA committee will: (1) Review financial and administrative issues pertaining to the City,along with items relating to the City of Ithaca workforce environment, intergovernmental relations and human resource If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting,please contact the City Controller's Office at 607-274-6576 at least 48 hours before the meeting. 2. Standing Sub-Committee and Staff Reports .1 Finance-Approval of 2011 Single Audit RESOLVED, That the Independent Auditor's Report for the period January 1, 2011, through December 31, 2011,prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP be accepted to comply with all the City's applicable Governmental Accounting Standards Board(GASB) Statement 34 and other related audit and single audit requirements. J:\DRedsicker\AGENDAS\City Admin Comm\2013\3-27 CA Agenda.doc 3/27/13 4. City Administration, Human Resources, and Policy .1 DPW—Eng—Request to Adopt the City of Ithaca Title VI and LEP Plan—Ithaca Commons Repair and Upgrade Project WHEREAS, the City of Ithaca is a sub-recipient of Federal Transit Administration(FTA) Funding for the Ithaca Commons Repair and Upgrade Project, and WHEREAS, as a sub-recipient of FTA funding the City is obligated to comply with Title VI of the Civil Rights Act of 1964, which ensures that no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the FTA, and WHEREAS, as a sub-recipient of FTA funding the City is obligated to comply with Executive Order 13166, titled Improving Access to Services for Persons with Limited English Proficiency, which directs agencies which receive federal funds to ensure that discrimination based upon a person's inability to speak, read,write or understand English does not take place, and WHEREAS, the City of Ithaca has prepared the City of Ithaca Title VI and LEP Plan to ensure compliance with both the spirit and the letter of the obligations set forth above relating to the Ithaca Commons Repair and Upgrade Project; now therefore, be it, RESOLVED, That the Common Council of the City of Ithaca certifies that, as a condition of receiving Federal financial assistance under programs administered by the Federal Transit Administration, it will ensure that no person, including people of limited English proficiency will be subjected to discrimination in the level and/or quality of services and benefits of the Ithaca Commons Repair and Upgrade Project on the basis of race, color, or national origin, and be it further RESOVED, That the City of Ithaca will compile, maintain and submit, in a timely manner, Title VI information required by FTA Circular 4702. 1B dated October 1, 2012 and in compliance with the Department of Transportation's Title VI regulations at 49 CFR Section 21.7(a), and, be it further RESOLVED, That the City of Ithaca will submit a Title VI assurance every three years as part of the annual Certification and Assurance submission to the primary recipient, Tompkins County, and the Federal Transit Administration, and,be it further RESOLVED, That the City of Ithaca makes it known to the public, that those persons or people alleging discrimination on the basis of race, color, or national origin as it relates to access to or provision of services and benefits of the Ithaca Commons Repair and Upgrade Project may file a complaint with the City of Ithaca, Tompkins County Human Rights Commission, U.S. Department of Transportation and/ or the Federal Transit Administration, and be it further J:\DRedsicker\AGENDAS\City Admin Comm\2013\3-27 CA Agenda.doc 3/27/13 RESOLVED, That the Common Council of the City of Ithaca adopts the City of Ithaca Title VI and LEP Plan for the Ithaca Commons Repair and Upgrade Project dated January 2013 J:\DRedsicker\AGENDAS\City Admin Comm\2013\3-27 CA Agenda.doc 3/27/13 i i f i r i CITY OF ITHACA TITLE VI AND LEA PLAN I SUBMITTED TO: TOMPKINB.COUNTY January 2013 I i CITY OF ITHACA SUBRECIPIENT INFORMATION Subrecipient:City of Ithaca Submittal Date: 2013 Expiration Year: 2016 Grantee No.: 5475 CITY OF ITHACA TITLE VI PROGRAM COORDINATORS Jennifer Kusznir Superintendent of Public Works Project Manager Department of Public Works City of Ithaca Planning Department Second Floor of City Hall Third Floor of City Hall 108 East Green Street 108 East Green Street Ithaca, New York 14850 Ithaca, New York 14850 Phone: (607)274-6527 Phone: (607)274-6550 Fax: (607)274-6587 Fax: (607)274-6558 E-Mail: E-Mail: jenniferk@cityofithaca.org CITY OF ITHACA TITLE VI COMPLIANCE OFFICERS Schelley Michell-Nunn Leslie Moskowitz Director of Human Resources Manager of Organizational Development City of Ithaca City of Ithaca Human Resources Human Resources Civil Service Department Civil Service Department City Hall, 2"d Floor City Hall, 2"d Floor 108 East Green Street 108 East Green Street Ithaca, NY 14850 Ithaca, NY 14850 Phone: (607)274-6539 Phone: (607)274-6539 Fax: (607)274-6574 Fax: (607)274-6574 Email: schelleymn@cityofithaca.org Email: lesliem@cityofithaca.org CITY OF ITHACA TITLE VI INTAKE OFFICER Julie Conley Holcomb Clerk, City of Ithaca First Floor, City Hall 108 Green Street, Ithaca, NY 14850 Phone: (607)274-6570 Fax: (607)274-6432 Email:julieh@cityofithaca.org CITY OF ITHACA TITLE VI TECHNICAL ADVISOR Shawn Martel Moore, Esq. Tompkins County Human Rights Commission 120 West Martin Luther King, Jr./State Street Ithaca, New York 14850 Phone: (607)277-4080 Fax: (607)277-4106 CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 20131PAGE 2 CITY OF ITHACA TABLE OF CONTENTS SUBRECIPIENT INFORMATION 2 SUBMISSION OF CIVIL RIGHTS ASSURANCE 4 INTRODUCTION 4 GENERAL REPORTING REQUIREMENTS 4 LIST OF TRANSIT-RELATED INVESTIGATIONS, COMPLAINTS AND LAWSUITS 4 PENDING APPLICATIONS FOR ASSISTANCE 4 SUMMARY OF CIVIL RIGHTS COMPLIANCE REVIEWS 5 FTA CIVIL RIGHTS ASSURANCE &DOT TITLE VI ASSURANCE 5 FIXED-FACILITY IMPACT ANALYSIS 5 TITLE VI COMPLAINT PROCEDURES 5 TITLE VI PUBLIC NOTIFICATION 5 INCLUSIVE PUBLIC PARTICIPATION PLAN 5 ACCESS FOR LIMITED ENGLISH PROFICIENCY (LEP) PERSONS 6 MEMBERSHIP NON-ELECTED TRANSIT PLANNING/ADVISORY BOARDS 6 SUBRECIPIENTS MONITORING PROCESS 6 ADDITIONAL INFORMATION 6 LIMITED ENGLISH PROFICIENCY (LEP) PLAN 6 INTRODUCTION 6 LIMITED ENGLISH PROFICIENCY (LEP) PLAN 7 FTA FOUR-FACTOR ANALYSIS 7 LEP PROGRAM EVALUATION &DISSEMINATION OF PLAN 10 TITLE VI COORDINATORS AND OFFICERS 10 APPENDIX A: CITY OF ITHACA TITLE VI COMPLAINT PROCEDURES AND FORMS 12 APPENDIX B: CITY OF ITHACA TITLE VI NOTICE TO THE PUBLIC 16 APPENDIX C: CITY OF ITHACA ANNUAL CERTIFICATION AND ASSURANCE 18 APPENDIX D: CITY OF ITHACA COMMON COUNCIL RESOLUTION 19 CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 3 CITY OF ITHACA SUBMISSION OF CIVIL RIGHTS ASSURANCE By the submission of this plan, City of Ithaca's Common Council ("subrecipient")certifies that, as a condition of receiving Federal financial assistance under various programs administered by the Federal Transit Administration, it will insure that: No person, including persons with limited English proficiency(LEP)will be subjected to discrimination in the level and/or quality of transportation services and transit-related benefits on the basis of race, color, or national origin. The City of Ithaca will compile, maintain, and submit in a timely manner Title VI information required by FTA Circular 4702.1 B, dated October 1, 2012, and in compliance with the Department of Transportation's Title VI regulations at 49 CFR Section 21.7(a). The City of Ithaca will submit a Title VI assurance every three years as part of the annual Certification and Assurance submission to the primary recipient Tompkins County and the Federal Transit Administration (FTA). The City of Ithaca will make it known to the public that those person or persons alleging discrimination on the basis of race, color, or national origin as it relates to the access to or provision of transportation services and transit-related benefits may file a complaint with the City of Ithaca, Tompkins County Human Rights Commission, U.S. Department of Transportation and/or the Federal Transit Administration. INTRODUCTION Title VI of the Civil Rights Act of 1964(Title VI)ensures that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Federal Transit Administration. City of Ithaca has prepared and submitted this document to ensure compliance with both the spirit and the letter of the requirements set forth in FTA Circular 4702.1 B. GENERAL REPORTING REQUIREMENTS 1. List of Transit-Related Active Investigations, Complaints, and Lawsuits Reouirement: All applicants, recipients, and subrecipients shall maintain and submit a list of any active lawsuits or complaints naming the applicant that alleges discrimination on the basis of race,color, or national origin with respect to service or other transit benefits. Response: There are neither investigations/complaints nor lawsuits alleging discrimination on the basis of race, color, or national origin with respect to service or other transit benefits available through the City of Ithaca. 2. Pending Applications for Assistance Requirement:All applicants, recipients, and subrecipients shall maintain and submit a description of all pending applications for financial assistance, and all financial assistance currently provided by other Federal Agencies. Response: City of Ithaca currently has an application for State of Good Repair funding from the Federal Transit Administration(FTA)for the Intermodal Transportation Hub-Accelerating Community Access Ithaca Project(known as, "Ithaca Commons Project'), as a subrecipient of Tompkins County New York Grantee#5475, in the amount of$7,500,000(Federal Share$4,965,000 and Local Share$2,535,000). 3.Summary of Civil Rights Compliance Reviews CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 4 CITY OF ITHACA Requirement: All applicants, recipients, and subrecipients shall maintain and submit a summary of all Civil Rights Compliance reviews conducted by other local, state, or federal agencies in the last three years. Response: There are no Civil Rights Compliance transit related reviews from any outside agency for the City of Ithaca in the last three years. 4. FTA Civil Rights Assurance&DOT Title VI Assurance Requirement: All applicants, recipients and subrecipients shall maintain and submit a signed FTA Civil Rights Assurance that all of the records and other information required have been filed or will be complied, as appropriate. Response: The FTA Civil Rights Assurance shall be incorporated in the Annual Certifications and Assurances submitted to FTA through the Transportation Electronic Award and Management(TEAM) system through primary recipient, Tompkins County, New York Grantee#5475. City of Ithaca annual certification and assurance is attached as Appendix C. 5. Fixed-Facility Impact Analysis Requirement: For construction projects, all applicants, recipients, and subrecipients shall conduct a fixed- facility impact analysis to assess the effects on minority communities. This information can be included in the environmental assessment or environmental impact statement. Response: City of Ithaca has not undertaken any construction projects in the past three years. 6. Title VI Complaint Procedures In compliance with 49 CFR§21.9(b), City of Ithaca has developed procedures for filing, investigating, and tracking Title VI complaints filed against them. Such procedures shall be made available to the public upon request. City of Ithaca complaint procedures and forms are included as Appendix A. 7. Title VI Public Notification City of Ithaca shall provide information to the public and employees regarding our organization's commitment to Title VI. This will serve to inform members of the public and our staff of the protections against discrimination afforded by Title VI. This will be accomplished by publishing notices of nondiscrimination(Title VI)on the City of Ithaca website; City of Ithaca facebook page; City of Ithaca CityScene newsletter; Human Services Coalition 211 Information and Referral;the Commons; City of Ithaca City Hall; Town of Ithaca's Town Hall; Ithaca Downtown Alliance; Chamber of Commerce;and Public Service Announcements via local radio stations and newspapers. The City of Ithaca's notice includes: (a)a statement that the City of Ithaca operates programs without regard to race, color, and national origin;(b)information on how the public can request additional information about the City of Ithaca's non-discrimination policy; and(c)information about who to contact if an issue suggestive of discriminatory action is perceived and how to file a formal discrimination complaint against City of Ithaca. The City of Ithaca's public notice is included as Appendix B. 8. Inclusive Public Participation Plan The City of Ithaca's public participation and outreach strategies for the Ithaca Commons Project were initiated throughout the Pre-Design, Pre-Concept, and Final Design of the project. The City of Ithaca utilized public meetings, survey questionnaires, advisory board meetings, information tables at public events,and citizen interviews. Locations included City Hall, Southside Community Center, and the Downtown Commons. Future outreach plans to communicate changes/updates and/or to illicit feedback(i.e. surveys, public meetings, electronic posting,focus groups, and consumer interviews)on the Ithaca Commons Project will include the following notifications by public postings: to the City of Ithaca website and Facebook page; in City Buildings, on the Commons, Ithaca Downtown Alliance, Tompkins County Library, Titus Towers, Town Hall, Ithaca Housing Authority, Tompkins Community Action, Ithaca City School District, Catholic Charities Immigrant/Refugee Center and other faith-based organizations; by electronic posting on the Neighborhood Associations, Human Services Coalition, Tompkins County Diversity Consortium, and local CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 5 CITY OF ITHACA Affinity Groups listservs; and public service announcements on Cayuga Radio Group, Ithaca College TV/Radio, and local newspapers. 9. Access for Limited English Proficiency(LEP) Persons The City of Ithaca shall take steps to ensure meaningful access to the benefits, services, information, and other important portions of its programs and activities for individuals who are Limited English Proficient (LEP). Although the most recent survey data from the 2010 U.S. Census Bureau, 2007-2011 American Community Survey(ACS) indicates that the population of LEP individuals in the City of Ithaca is likely 27.4%, City of Ithaca will make every effort to provide translators and document translation upon request. Efforts are detailed in our LEP plan, which is included in this report. The City of Ithaca will continue to monitor the need and explore additional outreach efforts based on the U.S. Census and other data sources, as well as based on encounters with LEP community members. 10. Membership Non-Elected Transit-Related Planning and/or Advisory Boards City of Ithaca designated the Board of Public Works and the Commons Advisory Board as the non- elected advisory boards. The racial memberships of the advisory boards are as follows: Demographics Board of Public Works Commons Advisory Board African-American/Black 2 American Indian Asian 1 Caucasian 4 12 Hispanic or Latino Native Hawaiian Pack Islander Diversity and inclusive participation by community members on all City of Ithaca's advisory boards and committees are encouraged. To achieve that end goal, the City of Ithaca's outreach strategies include notifying local newspapers, affinity organizations, public service announcements on radio and local television, listservs, as well as soliciting focus groups and community leaders to facilitate the identification of potential applicants. 11. Subrecipients Monitoring Process The City of Ithaca shall comply with FTA Title VI and LEP program requirements, maintain all necessary records, and submit to primary recipient and/or FTA compliance review process. 12. Additional Information The City of Ithaca recognizes that it may be asked at the discretion of the FTA,for information other than that required by FTA Circular 4701.1 B to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title Vl. City of Ithaca regards any complaint as serious and meriting investigation and remediation, and will strive to provide any requested information in a swift and accurate manner. LIMITED ENGLISH PROFICIENCY(LEP) PLAN INTRODUCTION This Limited English Proficiency(LEP) Plan has been prepared to address City of Ithaca's responsibility as a subrecipient of federal financial assistance as it relates to meeting the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 6 CITY OF ITHACA Act of 1964, Federal Transit Administration Circular 4702.1 B dated October 1,2012, which states that no person shall be subjected to discrimination on the basis of race, color or national origin. Executive Order 13166,titled Improving Access to Services for Persons with limited English proficiency, indicates that differing treatment based upon a person's inability to speak, read, write or understand English is a type of national origin discrimination and directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place;this order applies to all state and local agencies which receive federal funds. This plan outlines: (a) how the City of Ithaca identifies person(s)who may need language assistance; (b) strategies to provide language assistance; (c)employee training and resources utilized by City of Ithaca to provide timely and reasonable language assistance; and(d)how the City of Ithaca notifies LEP persons that language assistance is available. In order to prepare this plan, the City of Ithaca employed the U.S. Department of Transportation's Four-Factor LEP analysis and the summary of the results are described in the following section. FTA FOUR-FACTOR ANALYSIS Factor One: The number or proportion of LEP persons eligible to be served of likely to be encountered by the program or recipient. OVERVIEW:LEP POPULATION The City of Ithaca methodology included formal data obtained from the 2010 U.S. Census, and 2007- 2011 American Community Survey(ACS)', in order to ascertain the number or proportion of LEP persons who may come in contact with Ithaca Commons Project. City of Ithaca's 2010 U.S. Census population is 30,014; 4,854 (16.2)of the individuals are Asian, 2,057 (6.9%)are Hispanic or Latino, 1,971 (6.6%)are African-America, 115(0.4%)are American Indian/Alaska Native, and 1,891 (6.3%)are classified as being of"Some Other Race and/or Two or More Races". The City of Ithaca reviewed the recent 2007-2011 American Community Survey(ACS)to obtain the number or proportion of LEP individuals' language spoken at home and the level of language proficiency. The number of individuals that speak a language other than English in the City of Ithaca as determined by 2009-2011 American Community Survey(ACS)2 is 27.4%. The percentages of LEP individuals that speak English as a second language at home have been identified via 2009-2011 ACS as: Spanish (4.3%), Indo-European(7.8%),Asian and Pacific Islander(14.4%)and other languages (0.9%). After reviewing the 2010 U.S. Census, additional community sources3, and the ACS data, the City of Ithaca determined that the following languages demonstrated the following LEP persons who may be served by the Ithaca Commons Project and speak English less than"very well", are as follows: Burmese, French, Korean,Japanese, Mandarin, Russian, and Spanish. 1 American Community Survey,2007-2011 Data Set,Table B16001:LANGUAGE SPOKEN AT HOME BY ABILITY TO SPEAK ENGLISH FOR THE POPULATION 5 YEARS AND OVER—Universe:Population 5 years and over. 2 American Community Survey,2009-2011 Data Set,Table S1601:LANGUAGE SPOKEN AT HOME—Universe:Population 5 years and over. 3 Tompkins County Sources:Ithaca City School District,Tompkins County Planning Department,Tompkins County Human Rights Commission,Ithaca Asian American Association,Cornell University Public Service Center Translator Interpreter Program,BOCES ESOL program,Finger Lakes Independent Center,and City of Ithaca. CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 7 CITY OF ITHACA Factor Two: The frequency with which LEP persons come in contact with City of Ithaca programs, activities or services. The City of Ithaca assessed the frequency with which staff have and may have contact with LEP individuals. The Senior Staff in the City of Ithaca were asked the following questions: 1. On a monthly basis, how often do you interact with a customer/citizen that has limited English language proficiency speaking, reading, and writing skill-sets? 2. How many times per month does your department use interpreter services?Which language interpreters were utilized? 3. Do LEP individuals bring a friend or family member to assist versus use an interpreter? Nine out of fourteen departments responded to the survey. Based upon the responses it was clear that departments that have more interface with the public(City Clerk's Office, Ithaca Police Department, Youth Services, City Chamberlain's Office) interacted with individuals that had limited language proficiency, the highest frequency reported was approximately 6- 10 times a month. Use of translation services was smaller with the highest frequency about once per month. It was reported that generally, the citizen would bring a family member or friend along to help with interpretation. LEP languages requested by the departments that responded to the survey were identified as Burmese, Mandarin and Spanish. As it relates to the Ithaca Commons Project and based upon our evaluation of past service requests by LEP persons for language assistance and persons requiring reasonable accommodations, such as: physical, visual or hearing impaired to the City of Ithaca departments we anticipate that, if there is contact with LEP persons, the most frequent contact would be with the Department of Public Works, City of Ithaca Police Department, Clerk's Office, and City Chamberlain's Office. Factor Three: The nature and importance of the program, activity, or service provided by the program to people's lives. The central business district for the City of Ithaca and Tompkins County is known as The Ithaca Commons, a two-block pedestrian mall in downtown Ithaca. Its boundaries are Green Street to the south, Cayuga Street to the west, Seneca Street to the north, and Aurora Street to the east. It sits at the intersection of Tioga and State Streets. The Commons is considered the center of Ithaca and Tompkins County civic life. The City of Ithaca and Town of Ithaca government buildings border the Commons, and many legislators have their offices either on the Commons or near to it. Tree,flowers, restaurants, movie theaters, galleries, shops, apartments, and a multitude of artworks line the Common's two-block radius. Ithaca is home to several annual festivals and many musical, theater, and street entertainment events which take place in the three pavilions on the Commons. The Tompkins Consolidated Area Transit, or TCAT, bus network's main hub is located just off the south- west corner of The Commons on Green Street near the Tompkins County library. With some exceptions, most routes originate, terminate, or stop at Green Street, and the Green Street bus stop is also a frequent connection point between the various routes. Factor Four: The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach. The following services and resources are available for LEP outreach: 1.Translator Interpreter Services: The City of Ithaca staff shall request services on behalf of LEP persons from the Cornell University Public Service Translator Interpreter Program (TIP). Historically, the City uses interpreters for the following languages: Mandarin, Spanish, Russian, Burmese, Cantonese and Vietnamese. Accordingly, the City of Ithaca shall continue to utilize Cornell University TIP services, and CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 8 CITY OF ITHACA additionally, post its Title VI statement in English, Burmese, French, Korean, Japanese, Mandarin, Russian, and Spanish at various physical locations. The Title VI notice will be posted at locations including, but not limited to, all City Buildings,the Commons, Ithaca Town Hall, Chamber of Commerce, Ithaca City School District buildings, various community centers and Faith-Based Organizations, as well as electronic posting and public service announcements. In addition, the City of Ithaca's Clerk's Office, Human Resources and Civil Service Department, Department of Public Works, and Ithaca Police Department, and line staff are trained to use the Language Line Personal Interpreter Services to immediately connect with interpreters via 1-800-774- 4344. 2. City of Ithaca Website and Facebook-Google Translator: The City of Ithaca website at www.citvofithaca.org and Facebook page can be translated via Google Translator. Accordingly, Title VI Notice to the Public will be electronically translated in English, Burmese, French, Korean, Japanese, Mandarin, Russian, and Spanish. 3. LEP Persons with Special Needs:The Finger Lakes Independent Center designated as a not-for profit Ithaca agency, which specializes in assisting community members and organizations on accessing resources for individuals with special needs. In an effort to capture all LEP persons in need of services, City of Ithaca is committed to providing enlarged documents and a list of available magnification and speech software programs for LEP persons with visual and hearing impairments. There are 500 individuals identified by the Finger Lakes Independent Center within Tompkins County that require reasonable accommodations, of which 300 individuals utilize services through outside agencies to assist with daily living activities. The exact number of LEP persons with special needs has yet to be identified; however, the City of Ithaca is committed to providing an inclusive program for all of its citizens. Staff Training The City of Ithaca participates in a continuous-learning training process from orientation through annual learning and refresher programs(e.g. Sexual Harassment Prevention,Violence in the Workplace Prevention and Anti Harassment/Discrimination Training). • Designated Title VI Coordinators, Investigators and support staff will receive annual training and updates on Title VI procedures and LEP responsibilities. • City of Ithaca staff that work directly with the public will receive information and annual training on language assistance services offered to the public; how to access Cornell University Public Service Center Translator Interpreter Program;and Language Line Personal Interpreter services. Program Costs The translation services provided by Cornell and Google translator services are available free of charge. If notices or other documents require a paid translation service the cost per language is approximately fifty dollars. Other anticipated costs include the printing of the notices and possibly some costs related to additional training beyond what FTA offers on their website free of charge. LEP PLAN SUMMARY After reviewing the 2010 U.S. Census, additional community sources4, and the ACS data, the City of Ithaca determined that the following languages are representative of persons who may be served by the Ithaca Commons Project and speak English less than "very well":Burmese, French, Korean,Japanese, Mandarin, Russian, and Spanish. As it relates to the Ithaca Commons Project and based upon our evaluation of past service requests by LEP persons for language assistance and persons requiring reasonable accommodations, such as: 4 Tompkins County Sources:Ithaca City School District,Tompkins County Planning Department,Tompkins County Human Rights Commission,Ithaca Asian American Association,Cornell University Public Service Center Translator Interpreter Program,BOCES ESOL program,Finger Lakes Independent Center,and City of Ithaca. CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 9 CITY OF ITHACA physical, visual or hearing impaired to the City of Ithaca departments we anticipate that, if there is contact with LEP persons, the most frequent contact would be with the Department of Public.Works, City of Ithaca Police Department, Clerk's Office, and City Chamberlain's Office. LEP PROGRAM EVALUATION The City of Ithaca will update the LEP plan as required. At a minimum,the plan will be reviewed and updated when relevant data from the decennial census and the three-year and five-year American Community Survey(ACS)is updated and available. Further evidence of higher concentrations of LEP individuals present in the City of Ithaca will also serve to prompt assessments and evaluation of the current language assistance program. Updates will include the following: • Evaluation of the current LEP population in the service area. • The number of documented LEP person contacts encountered by City of Ithaca's staff annually. • Documentation of where these contacts occur. • How the needs of LEP persons have been addressed. • Determination how the need for translation services has changed. • Determination whether local language assistance programs have been effective and whether they will be sufficient to meet the revised service needs. • Determination if the City of Ithaca's financial resources are sufficient to meet identified language assistance needs. • Determination whether this LEP Plan adequately identifies and addresses language assistance needs. • Determine whether the City of Ithaca has fully compiled with the goals of this LEP plan. • Determine whether any complaints that may have been received regarding the needs of LEP individuals have been satisfactorily addressed. DISSEMINATION OF THE CITY OF ITHACA's TITLE VI AND LEP PLAN A link to the City of Ithaca's LEP Plan and the Title VI information and complaint procedures is included on the City of Ithaca's website and Facebook page; any person or agency with internet access will be able to access and download the plan from the website. Alternatively, any person or agency may request a copy of the plan via telephone,fax, mail, or in person and shall be provided a copy of the plan at no cost. City of Ithaca will make reasonable efforts to provide a translated plan at no cost to LEP individuals upon request. CITY OF ITHACA TITLE VI AND LEP PROGRAM CONTACTS Any questions or comments regarding the Title VI and LEP Plan may be submitted to: CITY OF ITHACA TITLE VI PROGRAM COORDINATORS Jennifer Kusznir Superintendent of Public Works Project Manager Department of Public Works City of Ithaca Planning Department Second Floor of City Hall Third Floor of City Hall 108 East Green Street 108 East Green Street Ithaca, New York 14850 Ithaca, New York 14850 Phone: (607)274-6527 Phone: (607)274-6550 Fax: (607)274-6587 Fax: (607)274-6558 E-Mail: E-Mail: jenniferk@cityofithaca.org CITY OF ITHACA TITLE VI COMPLIANCE OFFICERS Schelley Michell-Nunn Leslie Moskowitz CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 10 CITY OF ITHACA Director of Human Resources Manager of Organizational Development City of Ithaca City of Ithaca Human Resources Human Resources Civil Service Department Civil Service Department City Hall, 2"d Floor City Hall, 2"d Floor 108 East Green Street 108 East Green Street Ithaca, NY 14850 Ithaca, NY 14850 Phone:(607)274-6539 Phone: (607)274-6539 Fax:(607)274-6574 Fax: (607)274-6574 Email:schelleymn@cityofithaca.org Email: lesliem@cityofithaca.org CITY OF ITHACA TITLE VI INTAKE OFFICER Julie Conley Holcomb City of Ithaca City Clerk First Floor, City Hall 108 Green Street, Ithaca, NY 14850 Phone:(607)274-6570 Fax:(607)274-6432 Email:julieh@cityofithaca.org CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 11 CITY OF ITHACA APPENDIX A CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 12 CITY OF ITHACA CITY OF ITHACA TITLE VI COMPLAINT PROCEDURES AND FORMS POLICY The City of Ithaca does not discriminate against individuals on the basis of actual or perceived age; creed; color;disability; ethnicity;familial status;gender; height; immigration or citizenship status; marital status; national origin; race; religion;sex; sexual orientation; socioeconomic status; or weight in its services, programs, or activities and will provide reasonable accommodations to individuals with a disability or with Limited English Proficiency(LEP)who require such to benefit from our services. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin and that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program and/or activity receiving Federal financial assistance. (42 U.S.C. §2000d). The following procedures apply to complaints filed under Title VI of the Civil Rights Act of 1964, relating to any program and/or activity administered by the City of Ithaca, their consultants and/or contractors. The law prohibits intimidation or retaliation of any kind against an aggrieved party. These procedures do not deny the right of the complainant to file formal complaints with other Local, State or Federal agencies, or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for the complainant. Every effort will be made to obtain early resolution of complaints at the lowest possible level. The option of informal mediation between the affected parties and the investigator may be utilized for resolution at any stage of the process. The City of Ithaca will make every effort to pursue a resolution of the complaint. FILING Any person who believes that they have been excluded from participation in, denied the benefits of, or subjected to discrimination under Title VI of the Civil Rights Act of 1964, relating to any program and/or activity administered by City of Ithaca based on race, color, or national origin, may file an official Title VI complaint with the City of Ithaca Clerk,who serves as the Title VI Intake Officer: Title VI Intake Officer Julie Conley Holcomb City Clerk First Floor, City Hall 108 Green Street, Ithaca, NY 14850 Phone: (607)274-6570 1 Fax: (607)274-6432 Web:www.cityofiithaca.org A formal complaint must be filed within 180 calendar days of the alleged occurrence,the alleged discrimination;date on which the conduct was discontinued, or the latest instance of the conduct. Complainant must present a detailed description of the issues, including names,job titles of individuals perceived as parties to the action complained against, date, time-of-day, location, and contact information of any witnesses to the alleged incident. Upon provision of employee name(s), the City Clerk or designee will assist the complainant with completing the form if they require help. The complainant should complete this process by documenting the above details of the complaint on the City of Ithaca Title VI complaint form,which is available online or at the City Clerk's office. The complaint form must be signed, mailed or returned to the City Clerk's office at First Floor, City Hall, 108 Green Street, Ithaca, NY 14850. CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 13 CITY OF ITHACA RECEIPT AND ACCEPTANCE Upon receipt of the complaint, the City Clerk will forward the complaint within two("2") business days to the City of Ithaca Title VI Compliance Officers for a determination of jurisdiction and acceptability. The Title VI Compliance Officer will notify the Complainant, in writing within ten ("10")days of receipt of the complaint. The Title VI Compliance Officers for the City of Ithaca are: Schelley Michell-Nunn Leslie Moskowitz Director of Human Resources Manager of Organizational Development City of Ithaca City of Ithaca Human Resources Human Resources Civil Service Department Civil Service Department City Hall, 2nd Floor City Hall, 2nd Floor 108 East Green Street 108 East Green Street Ithaca, NY 14850 Ithaca, NY 14850 Phone:(607)274-6539 Phone: (607)274-6539 Fax: (607)274-6574 Fax: (607)274-6574 Email: schelleymn@cityofithaca.org Email:lesliem@cityofithaca.org Jurisdiction and acceptance of the complaint must meet the following criteria: 1. The complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. 2. The allegation(s)must involve a covered basis such as race, color, or national origin. 3. The allegation(s)must involve a City of Ithaca program or activity that receives Federal financial assistance. INVESTIGATION PROCESS All complaints will be investigated promptly.The investigation should be completed within thirty("30") days. The Title VI Compliance Officer will review each complaint, and when necessary, begin the investigation process. At a minimum the investigation should include the following: notification to the department head; notification to the respondent with an opportunity to respond, in writing, to the allegations of discrimination;develop an investigative plan,conduct interviews,collect and analyze evidence; and prepare an investigative report. Title VI Compliance Officer will undertake reasonable measures to maintain confidentiality. Upon completion of the investigation, if a Title VI violation is found to exist, remedial steps as appropriate and necessary will be taken immediately. The Complainant will also receive a final investigative report together with any remedial steps. The investigation process and final report should take no longer than sixty ("60")days. APPEAL PROCESS If no violation is found and the complainant wishes to appeal the decision, he or she may contact the Federal Transit Administration Office of Civil Rights at: Title VI Program Coordinator, FTA Office of Civil Rights, East Building, 5th Floor—TCR, 1200 New Jersey Ave., S.E., Washington, D.C. 20590, or file a complaint online through the FTA's website www.fta.dot.gov/civilrights/title6/civil rights 5104.html. CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 14 CITY OF ITHACA EXTERNAL FILING A complainant may file a complaint directly within 180 days of the date of the alleged discrimination with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, attention:Title VI Program Coordinator, FTA Office of Civil Rights, East Building, 5th Floor—TCR, 1200 New Jersey Ave., S.E., Washington, D.C. 20590 or via their website www.fta.dot.gov/civilri.ghts/title6/civil rights 5104.html. A complainant may file a complaint directly with Tompkins County within one year from the last act of discrimination by filing a complaint with the local Human Rights Commission, attention: Tompkins County Human Rights Commission, 120 West Martin Luther King, Jr./State Street, Ithaca, New York 14850, Phone:(607)277-408 or Fax: (607)277-4016. There is no filing fee. To request more information about Title VI, please contact: CITY OF ITHACA TITLE VI PROGRAM COORDINATORS Jennifer Kusznir Superintendent of Public Works Project Manager Department of Public Works City of Ithaca Planning Department Second Floor of City Hall Third Floor of City Hall 108 East Green Street 108 East Green Street Ithaca, New York 14850 Ithaca, New York 14850 Phone:(607)274-6527 Phone: (607)274-6550 Fax:(607)274-6587 Fax: (607)274-6558 E-Mail: E-Mail: jenniferk@cityofithaca.org CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 15 Y a) E E E E ca V E E ca cc ccc0 Q L a) a) a) a) 0 a) a) 0 0 coo a o °' 0 EF O Vcu ° H O L O O O O (v M a) W 0 C V U CD C ci cu p c06 ca co N a) rn 0) c IL � cu = a = cn i0 a) U a) a) a) o `a) o v 0 C3 0 0 0 U (D 0 c� L o 4) O c ca d VIE= 000 " � 0) p �' Z a) vm c O 0) 0 0 0 a) a) a) p O c a a m o 0 o U C C N C N fn 0 U U ` -� C C C v) '� C O O O NJ c_v a) a) a) ca cv cv > o U o U ac c U cUUU CLCLacU U 0a) E Ea) ° at5 cD U U a) a) 0 c c � c 0 0 0 Q 0 0 o Q o .� Uww 0 w000UUUQU 00- 00 50D00- 0a •N CL c O GC ° 0 N *.. N N O CA ca :34- O 0) .O (Up Y t� CL CL O a) a) °) aa)) Z U c v 'c '� E a) Q o E 4-1 p o o ° ,OR 0roEa QQ E a) H v7 ca -0 U Q o w z 3 += E = U L Cc � O ca m a) a Q 0 U �' -� to W '°) E 0 0 U c a? � c°ao NN Y "H0 ••0�•o Uy � Z' U° W 2 1 — c crnY m E Z Eom ff °� �� J o ' oa 8aEND ? aoCL i c a) CO c° ° ca o ' E a � � .0 O Z •° Z ° a a }n Yoo �c� a 0a) Q o o oQ E 0= o O o 00 aa i= a Uw a 2 Ow0 U �OS � U U U ,E . APPENDIX A TABLE depicting minority representation on non elected committees and councils for the City of Ithaca, NY Body Caucasian Latino BlacklAM61W Dative Othee . ..,, �;. American American American., Population Board of 4 2 1 Public Works Commons Advisory 12 Board Outreach Strategies: include advertising in the local papers and on local listservs used for outreach, as well as soliciting key leaders in the various diverse communities to help identify possible applicants. City of Ithaca Title VI Commons Complaint Form 3 ion Name: Address: Telephone (Home): Telephone (Work): Electronic Mail Address: Accessible Format Large Print Audio Ta e Requirements? TDD Other S"X Are you filing this complaint on your own behalf? Yes* No *If you answered "yes" to this question, go to Section III. If not, please supply the name and relationship of the person for whom you are complaining: Please explain why you have filed for a third Ply: Please confirm that you have obtained the permission Yes No of the aggrieved party if you are filing on behalf of a third party. I believe the discrimination I experienced was based on (check all that apply): [ ] Race [ ] Color [ ] National Origin Date of Alleged Discrimination (Month, Day, Year): Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. If more space is needed, please staple an additional sheet to the form. City of Ithaca Title VI Commons Complaint Form Have you previously filed a Title VI complaint Yes No with this agency? e ion Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? [ ] Yes [ ] No If yes, check all that apply: [ ] Federal Agency: [ ] Federal Court [ ] State Agency [ ] State Court [ ] Local Agency Please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone: Name of agency complaint is against: Contact person: Title: Telephone number: You may attach any written materials or other information that you think is relevant to your complaint. Signature and date required below Signature Date Please submit this form in person at the address below, or mail this form to: Julie Holcomb, City Clerk 108 E Green Street City of Ithaca, NY 14850 c I Oh O ow - IM rA C� H � Q I ea o G c.� W e _a t 4-4 a a� � a o an 0 C F, Eon a o 7 1 u c c� CITY OF ITHACA APPENDIX B CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 16 CITY OF ITHACA APPENDIX B PUBLIC NOTICE CITY OF ITHACA ANTIDISCRIMINATION TITLE VI NOTICE AND COMPLAINT PROCEDURE The City of Ithaca operates its programs and services without regard to race, color,and national origin in accordance with Title VI of the Civil Rights Act of 1964, which provides: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The City of Ithaca, under City Code Chapter 215, is committed to ensuring that no person is excluded from participating in or denied the benefits of its public services on the basis of actual or perceived age; creed;color; disability; ethnicity;familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion;sex; sexual orientation; socioeconomic status;or weight. If you believe you have been subjected to discrimination under Title VI or related non-discriminatory laws, you may file a complaint with the City of Ithaca. For more information on the City of Ithaca's Title VI Compliance Program, and the procedures to file a complaint, contact or visit: Title VI Intake Officer Julie Conley Holcomb City Clerk First Floor, City Hall 108 Green Street, Ithaca, NY 14850 Phone: (607)274-6570 1 Fax: (607)274-6432 Web:www.cityofiithaca.org You may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, attention: Title VI Program Coordinator, FTA Office of Civil Rights, East Building, 5m Floor—TCR, 1200 New Jersey Ave., S.E.,Washington, D.C. 20590 You may file a complaint directly with Tompkins County by filing a complaint with the local Human Rights Commission, attention: Tompkins County Human Rights Commission, 120 West Martin Luther King, Jr./State Street, Ithaca, New York 14850, Phone: (607)277-4080 1 Fax: (607)277-4016 If information is needed in another language, contact 607.274.6570 CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 17 CrrY OF ITHACA APPENDIX C CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 18 67552 Federal Register/Vol. 76, No. 211/Tuesday, November 1,.2011/Notices FEDERAL FISCAL YEAR 2012 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Ceertifications and Assurances in TEAM-Web) Name of Applicant: The Applicant agrees to comply with applicable provisions of Groups 01—24. OR The Applicant agrees to comply with applicable provisions of the Groups it has selected: Group Description 01. Assurances Required For Each Applicant. 02. Lobbying. 03. Procurement Compliance. 04. Protections for Private Providers of Public Transportation. 05. Public Hearing. 06. Acquisition of Rolling Stock for Use in Revenue Service. 07. Acquisition of Capital Assets by Lease. 08. Bus Testing. 09. Charter Service Agreement. 10. School Transportation Agreement. 11. Demand Responsive Service. 12. Alcohol Misuse and Prohibited Drug Use. 13. Interest and Other Financing Costs. 14. Intelligent Transportation Systems. 15. Urbanized Area Formula Program. 16. Clean Fuels Grant Program. 17. Elderly Individuals and Individuals with Disabilities Formula Program and Pilot Program. 18. Nonurbanized Area Formula Program for States. 19. Job Access and Reverse Commute(JARC)Program. 20. New Freedom Program. 21. Paul S.Sarbanes Transit in Parks Program. 22. Tribal Transit Program. 23. TIFIA Projects 24. Deposits of Federal Financial Funding to a State Infrastructure Banks. 45 Federal Register/Vol. 76, No. 211/Tuesday, November 1, 2011/Notices 67553 FEDERAL FISCAL YEAR 2012 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA funding and all FTA Grantees with an active capital or formula project) AFFIRMATION OF APPLICANT Name of Applicant: Name and Relationship of Authorized Representative: BY SIGNING BELOW,on behalf of the Applicant,I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance.Thus,the Applicant agrees to comply with all Federal statutes and regulations,and follow applicable Federal directives,and comply with the certifications and assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit Administration(FTA)in Federal Fiscal Year 2012. FTA intends that the certifications and assurances the Applicant selects on the other side of this document,as representative of the certifications and assurances,should apply,as provided,to each project for which the Applicant seeks now,or may later seek FTA funding during Federal Fiscal Year 2012. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted with this document and any other submission made to FTA,and acknowledges that the Program Fraud Civil Remedies Act of 1986,31 U.S.C.3801 et seq.,and implementing U.S.DOT regulations, "Program Fraud Civil Remedies,"49 CFR part 31 apply to any certification,assurance or submission made to FTA. The criminal provisions of 18 U.S.C. 1001 apply to any certification,assurance,or submission made in connection with a Federal public transportation program authorized in 49 U.S.C.chapter 53 or any other statute In signing this document,I declare under penalties of perjury that the foregoing certifications and assurances,and any other statements made by me'on behalf of the Applicant are true and accurate. Signature Date: Name Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY For(Name of Applicant): As the undersigned Attorney for the above named Applicant,I hereby affirm to the Applicant that it has authority under State,local,or tribal government law,as applicable,to make and comply with the certifications and assurances as indicated on the foregoing pages.I further affirm that,in my opinion,the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that,to the best of my knowledge,there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances,or of the performance of the project. Signature Date: Name 46 CITY OF ITHACA APPENDIX D CITY OF ITHACA TITLE VI COMPLIANCE PROGRAM 2013PAGE 19 4.2 DPW—S&F—Request for Undertaking by NYSDOT RESOLVED, That the Common Council of the City of Ithaca does hereby authorize Ray Benjamin, Acting Superintendent of Public Works, to enter into agreement with New York State Department of Transportation (NYSDOT) for Undertaking in connection with work affecting state highways as per the attached document from NYSDOT J:\DRedsicker\AGENDAS\City Admin Comm\2013\3-27 CA Agenda.doc 3/27/13 T CITY OF ITHACA 245 Pier Rd., Ithaca,New York 14850 s DEPARTMENT OF PUBLIC WORKS,STREETS&FACILITIES Ray Benjamin Asst.Superintendent of Public Works Streets&Facilities Division Telephone: 607/272-1718 Fax: 607/272-4374 AT Memo To: Common Council From: Ray Benjamin Acting Superintendent of Public Works Re: Request for an Undertaking As part of the Streets &Facilities annual Highway Work Permit to do work on DOT controlled Right of Way the New York Department of Transportation is requesting an Undertaking. The UNDERTAKING is a guaranty or promise to the New York State Department of Transportation(NYSDOT)by way of the attached resolution passed by Council that work performed on State controlled Right of Way(ROW)will be done in compliance with State Highway Laws, follow the Uniform Manual of Traffic Control for Maintenance and Protection of Traffic, restoration of State property to it condition pervious to work in the ROW and to hold the State harmless for claims, damages , losses and expenses resulting from work activities. The Department follows these requirements as part of their annual Highway Permit already and this does not require any changes on our part. The Undertaking is kept on file by the DOT for 20 years and makes approval for minor work that falls outside our permit quicker to get approved and since we are a self insured municipality the DOT would not require proof of insurance when Department applies for Highway Permits. "An Equal Opportunity Employer with a commitment to workforce diversification." PERM 1 (2/12) UNDERTAKING L For the benefit of The New York State Department of Transportation In connection with work affecting state highways *.- (For use by New York municipalities and federal agencies WHEREAS,the undersigned G h O lihoca ( Municipality, County,Town, City or Village, or any agency of the federal government, hereinafter referred to as "Permittee")from time to time receives permits from the New York State Department of Transportation (hereinafter referred to as the "NYSDOT") and otherwise conducts activities and operations upon highways and/or within right-of-way controlled by the State of New York for such purposes as the obstruction, installation, construction, maintenance and/or operation of facilities; and WHEREAS, Permittee's access and operation upon state right-of-way is conditioned upon compliance with Highway Law Sections 52, 103, 203 and/or 234, including the conditions that Permittee assume all responsibility for(a)the temporary control of all modes of traffic(including motorized and non-motorized travel) affected by Permittee's operations, (b) complete restoration of state facilities to their condition prior to permitted use or activity, and (c) all claims, damages, losses and expenses, NOW, THEREFORE, in relation to all operations and/or actions undertaken within state right-of- way, Permittee hereby agrees to the following terms and conditions: 1. Permit Applications. Excepting only activities undertaken to protect public safety because of emergency conditions or incidents, Permittee shall provide timely written notice to NYSDOT of operations or activities affecting state right-of-way. Under normal circumstances, a minimum of five business days notice shall be provided. Notification of emergency activities shall be provided to NYSDOT as soon as practicable after the activity. The Permittee shall apply for project-specific permits for activities not allowed under any existing annual permit. Such application shall identify proposed project locations, desired dates/hours, proposed work/activities,traffic control, and site restoration 2. Applicable Rules, Regulations&Conditions. Permittee shall comply with all of the laws, rules and regulations applicable to construction, maintenance activities and operations and shall further comply with such terms and conditions that may be imposed by NYSDOT in connection with permitted activity or operations. Temporary Traffic Control, highway safety appurtenances, and restoration of state facilities shall be completed in accordance with NYSDOT regulations and standards. 3. Site Restoration. Permittee shall, at its own expense, promptly complete the work allowed under each permit and,within a reasonable time, restore State property damaged by its work/activities to substantially the same or equivalent condition as existed before such work was begun as determined by the Commissioner or his/her designee. In the event that the Permittee fails to so restore damaged State property within what the Commissioner deems to be a reasonable time, the Commissioner, after giving written notice to the Permittee, may restore the property to substantially the same or equivalent condition as existed before the Permittee's work/activities, in which case, Permittee agrees to reimburse the reasonable expenses in connection therewith. NYSDOT PERM 1 (rev. 2/12) PERM 1 (2/12) 4. Payment&Release of Liens. Permittee shall be responsible for the payment of all costs and materials relating to its work in the public right-of-way,and agrees to defend and save harmless NYSDOT against any and all lien claims made by persons supplying services or materials to Permittee in connection with Permittee's work. S. Indemnity. In addition to the protection afforded to NYSDOT under any available insurance, NYSDOT shall not be liable for any damage or injury to the Permittee, its agents, employees, or to any other person, or to any property, occurring on the site or in any way associated with Permittee's activities or operations,whether undertaken by Permittee's own forces or by contractors or other agents working on Permittee's behalf. To the fullest extent permitted by law,the Permittee agrees to defend, indemnify and hold harmless the State of New York, NYSDOT, and their agents from and against all claims, damages, losses and expenses, including but not limited to, claims for personal injuries, property damage, wrongful death, and/or environmental claims and attorney fees arising out of any such claim,that are in any way associated with the Permittee's, activities or operations under any and all permits issued using this Undertaking. FURTHERMORE, Permittee hereby warrants that the obligations of this Undertaking are backed by the full faith and credit of Permittee. Permittee may insure or bond any of the obligations set forth herein, or may rely upon self-insurance, budgeted funds, or funds for general operations. This Undertaking shall be applicable to all permitted activities and operations undertaken after the date of execution and work initiated while this Undertaking is in effect. This Undertaking may be revoked by the Permittee or rejected by NYSDOT upon thirty days written notice but will continue to apply to all permitted activities/operations that were permitted by virtue of this Undertaking. Unless terminated for the purpose of future activities/operations,this Undertaking shall have a term of twenty(20)years and shall be kept on file to facilitate the issuance of future permits to whichit will apply. � Ot IN WITNESS WHEREOF, I{V 14" (Municipality- County,Town, City, Village or federal agency)agrees to the terms of this Undertaking, and has caused its execution` by theauthorized officer or employee (attach Resolution of Approval). 7/ �J 3Z7�zo/3 Au 01Z orized Agto& Date ('air �en� /«J Acfin4 �'uper/n�nder��0�'%6/rc ee4 Print Name/Tithe Z46 tl7lP/' V 11�Aea NY 1,mS9 (/,01 1 272 1716 Address Phone number pp /OB E jiraen t9., 11L4C4 0141 ,50 rav�i�otllbaca orq Address e-mail NYSDOT PERM 1 (rev. 2/12) 5. Finance, Budget, and Appropriations .1 DPW - S&F—Request to Transfer Funds from a Maintainer Position to a Light Equipment Operator Position WHEREAS, the 2013 authorized budget included funding for a Maintainer position in the Highway Division, and WHEREAS, a retirement in late 2012 has left a Maintainer position vacant and funded, and WHEREAS, DPW staff has determined that the Light Equipment Operator position has a larger operational need at this time than the Maintainer Position; now, therefore, be it RESOLVED, That Common Council hereby transfers funding from the vacant and funded Maintainer Position in the DPW Highway Division to the Light Equipment Operator Position in the DPW Highway Division, and be it further RESOLVED, That funds for said position transfer shall be made within the existing 2013 authorized budget. J:\DRedsicker\AGENDAS\City Admin Comm\2013\3-27 CA Agenda.doc 3/27/13 5.2 Youth Bureau — Request to Amend 2013 Youth Bureau Budget WHEREAS, the Ithaca Youth Bureau has received funding through the Tompkins County Workforce Investment Board for the Tompkins Summer Youth Employment Program, and WHEREAS, the Ithaca Youth Bureau has received$16,201 in cash contributions from local donors; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 Youth Bureau budget as follows: Increase revenue account: A7310-4820-1202 Youth Employment Service $7,703 A7310-2070-1202 Youth Employment Service $5,965 A7310-2070-1221 Outings $3,978 A 7310-2070-1240 College Discovery Program $6,258 $23,904 Increase expenses: A 7310-5120-1202 YES Part time/Seasonal $11,682 A 7310-5120-1221 Outings Part time/Seasonal $3,400 A7310-5120-1240 CDP Part time/Seasonal $5,349 Fringe Benefits $3,473 $23,904 J:\DRedsicker\AGENDAS\City Admin Comm\2013\3-27 CA Agenda.doc 3/27/13 o Ithaca Youth Bureau 1 James L. Gibbs Drive l Ithaca,NY 14850 Phone: 607-273-8364,Fax: 607-273-2817 "Building a foundation for a lifetime" To: City Administration Committee From: Karen Friedeborn, Youth Program Administrator Liz Vance, Acting Director Re: Youth Bureau Budget Amendment Date: March 22, 2013 This is a request to amend the 2013 operating budget. We would like permission to spend $7,703 of Tompkins Summer Youth Employment Program funds as follows: Increase revenue account: Account #A7310-4820-1202 Youth Employment Service $7,703 Increase expenses: Account #A7310-5120-1202 Part time/Seasonal $6,584 Fringe Benefits $1,119 In addition, we received $16,201 in donations we would like to transfer from the ECHO find: We would like to amend the 2013 Youth Bureau budget as follows: Increase revenue Account #A7310-2070-1202 Youth Employment Service $5,965 Account #A7310-2070-1221 Outings $3,978 Account #A 7310-2070-1240 College Discovery Program $6,258 Total $16,201 Increase expenses: Account #A 7310-5120-1202 YES Part time/Seasonal $5,098 Account #A 7310-5120-1221 Outings Part time/Seasonal $3,400 Account #A 7310-5120-1240 CDP Part time/Seasonal $5,349 Fringe Benefits $2,354 Total $16,201 Thank you. MINIMUM WAGE • SHEET SPRING 2013 IVA State Legislators continue to explore What potential minimum wage increases could look like... As you probably know there are two How could it affect t h e Youth Bureau? INCREASING THE proposals being explored to increase the MINIMUM WAGE minimum wage. The first,included in Overall,there are 182 positions at BOOSTS THE LOCAL the governor's budget,is an increase to the Youth Bureau that would be affected ECONOMY $8.75 per hour. This is an increase of by an increase in the minimum wage. $1.50 over the current minimum wage These positions are at Cass Park,Youth of$7.25 per hour. The second has been Employment Service,Cass Park Day passed by the NYS Assembly.This Camp,Recreation Support Services and proposal would increase the minimum Stewart Park Day Camp.If the wage$1.75,bringing it up to$9.00 per minimum wage were to increase to '•• hour.The NYS Senate continues to $8.75 before summer the Ithaca Youth - • ' • debate the merits of an increased Bureau(IYB)would need an additional - . - . . . minimum wage.At this time it is unclear $38,000 in 2013. S 0 0 . - - . . whether increased minimum wage legislation will pass with the NYS budget _ or later in the year. • We expect that some form of increased minimum wage legislation will pass in the coming months.This is an • issue that will impact a number of City ' Departments and we are all working to assess what that means.We wanted to OST MINIMUM give Common Council a heads up WAGE WORKERS regarding the impact of this legislation We've been working closely with ARE ADULTS Mayor Myrick,HR Director Schelley on the Youth Bureau,as we are in the • unique position of hiring a large Thayer and Controller Steve •'• number of teens and young adults. Thayer on this. They have been very _ In the meantime,Youth Bureau supportive and have indicated that any • - � . .- s 2013 potential impact can be absorbed staff have been working diligently to analyze the potential impacts of the without any detrimental impact on IYB increased minimum wage on our programming. ��e�` programs and services. The date the As we look forward to 2014,we L legislation is enacted will determine hope to continue to work closely with 1 B whether we will feel the impacts in 2013 them and with Council to minimize any or in 2014. potential disruption. MINIMUM WAGE • SHEET SPRING 2013 Q4&A Behind the Numbers: $38,000 What does each program need Cass Park needs$13,790;Stewart Park Day Camp needs$8,303;Recreation Support to operate as they planned for Services needs$1,575;Cass Park Day Camp needs$2,485;Youth Employment Service 2013? needs$11,700. What are some of the directly At Cass Park,there are 31 positions that are @$8.75 or below for the starting wage. impacted positions? These include Cashiers,New Lifeguards,Seasonal Laborer,new Skate Guards,Pool Maintainer,and Assistant Managers. At Cass Park Day Camp there are 13 positions that are @$8.75 or below for the starting wage.These are Junior Counselors and Senior Counselors. At Stewart Park Day Camp,there are 10 Junior Counselor positions that are @$8.75 or below for the starting wage. Is it just part-time seasonal No.The impact in Youth Employment Service(YES)falls directly on the participants, staff jobs that are affected by who make minimum wage for the jobs they work all summer.This year YES budgeted for the increase? 65 teens to work in our Municipal Jobs Program at the$7.25 minimum wage.This is down from 73 in 2012.This impacts many City Departments and programs,that count on having YES workers to help with summer and ongoing initiatives. .,off Does it just impact minimum The increase impacts quite a few positions,due to what we call the`ripple effect'. wage earners or are there When you bump up the pay for the lowest paid position,many of the positions above them additional positions impacted by may need to be raised as well to avoid compression. the increase? What is an example of the At Cass Park,there are Cashiers,Assistant Managers and Managers who work the ripple effect'? concession area.Currently a Cashier makes$7.50,an Assistant Manager makes$8.75 and a Manager makes$9.25.Once the Cashier gets bumped up to$8.75(the new minimum wage),the Assistant Managers and Managers would need to be bumped up as well. Does any of this have anything Some of the positions that are impacted by the`ripple effect' may also be impacted by to do with the living wage? the living wage certification.We are working closely with the HR to better understand the impacts to our staffing,programming and services. 5.4 DPW—W&S—Recommendation to Establish Funding to Replace Water Main on Edgecliff Place WHEREAS, the City's water main on Edgecliff Place is more than a century old, and WHEREAS, the water main on Edgecliff Place is four inch diameter cast iron line through which we can supply less than 190-gpm. This extremely low flow rate is indicative of a very heavily tuberculated pipe (lots of lumpy mineral and iron nodules on pipe walls), with a substantially reduced cross section, typical of a pipe long past its replacement due date, and WHEREAS, Cornell University has required that full sprinkler systems for fire protection be installed by year's end 2013 at all associated Fraternities and Sororities, and WHEREAS, the water main on Edgecliff Place cannot supply adequate fire flow to the fraternity at 1 Edgecliff Place, Zeta Beta Tau, and WHEREAS, the water main is in need of replacement to meet the current and future needs of our customers on Edgecliff Place, and WHEREAS, City DPW Water& Sewer Division staff have completed engineering plans and estimated the cost of replacement to be $60,000.00, less if rock excavation is lower than expected, and WHEREAS, City DPW Water& Sewer Division staff estimates one of our crews could complete this work in 6-weeks or less during the late spring or early summer of 2013; now therefore, be it RESOLVED, That the Common Council establish Capital Project# with funding not to exceed $60,000.00 to facilitate the replacement of water main on Edgecliff Place. J:\DRedsicker\AGENDAS\City Admin Comm\2013\3-27 CA Agenda.doc 3/27/13 Hydrant Flow Test Log Project Edgecliff PI Project No. Location: Edgecliff Cul-De-Sac Conducted By: Scott Gibson, Matt Sledjeski Date: May 16, 2012 Time: 13:45 Sketch: 40 105 I I i r 2 s �£Cllf�-QL l 101 10 ONgV� 116- _ 121 IAY �asl frsyy_TNE KNOLL��`_ Pressure Gauged Hydrant Calc's. & Comments: Number: M-103 QR QT P P lo.sa 73 —20 losa _ S R Qzo —I 700 S Location: Edgecliff cul-de-sac — PS —PTR I T 73 S —52 TR J Static,Ps. 70 psi J Residual,PTR: 20 psi QR—Flow at Test Residual Pressure TR-gpm Q20—Flow calculated @ 20-psi residual—gpm Flowed Hydrant QT—Flow Test Result @ test residual—gpm Number: M-125 PR(20)—Calculated Residual Pressure R(20)-psi Location: Edgecliff and Stewart Ave. PTR—Test Residual Pressure TR-psi Flow, QT 487 gpm PS—Pre-flow test Static Pressure-psi Calculated Flow @ NA gpm 20psi,Q20: Hydrant Flow Test Log Project Edgecliff PI—Test 2 Project No. Location: Edgecliff Cul-De-Sac Conducted By: Scott Gibson, Matt Sledjeski Date: June 19, 2012 Time: 9:30 Sketch: 40 105 I I i r 2 s £Cllf QLZDG l 101 �kst 10 ONgV� 116- _ 121 !—I r Cash" THE XNOLL Pressure Gauged Hydrant Calc's. & Comments: Number: M-125 P P lo.sa 73 —20 losa QR — Q S R I Q — Zo 700 S Location: Edgecliff and Stewart Ave. T PS —PTR I T 73S —52TR J Static,Ps: 69 psi J Residual,PTR: 58 psi QR—Flow at Test Residual Pressure TR-gpm Q20—Flow calculated @ 20-psi residual—gpm Flowed Hydrant QT—Flow Test Result @ test residual—gpm Number: M-103 PR(20)—Calculated Residual Pressure R(20)-psi Location: Edgecliff cul-de-sac PTR—Test Residual Pressure TR-psi Flow, QT <190 gpm(Flow registered below PS—Pre-flow test Static Pressure-psi last accurate measurement on eauee) Calculated Flow @ gpm 20psi, Q20: i U CLOSED BTW PRESSURE ZONES i GN���ZoNEI 4 C\IEX�S�I a G� JPvL� ¢ c/ 161,AC (NO _ RT HFAST N���20 V NF) ' Ti cl roCb r CEC�IFF PLA CE A V � 1 I ' z C AFL ^' TITLE. SCALE: 1"=50' PLOT BY: NOTES: LEGEND DATE: 2/2013 CHECKED BY: 1.20FT CONTOURS SHOWN SEWER MH,SEWER E D G E C L I F F P L DRAWN BY: MS REVISED: SURVEY BY: • WATER VALVE,WATER EXISTING HYDRANT,HYDRANT BRANCH pF,r DEPARTMENT OF PUBLIC WORKS CONDITIONS WATER AND SEWER DIVISION �� 510 FIRST STREET 4p�p��E®�00 ITHACA, NY 14850 7 i I SEE INTERSECTION •r ;o PIPING DETAIL TEMP SERVICE CONNECTION (TYP OF 4) GROUND � t �. HEMP PBOVE,WP��R A„Ci 161,qC G2 ro �2 G� Cb r �_LDF_ PEA CE ED A 6"TILE V / i z 6,, z i u-GAIV 1 z z z AFL ^' TITLE., SCALE: 1"=50' PLOT BY: NOTES: LEGEND DATE: 2/2013 CHECKED BY: 1.20FT CONTOURS SHOWN SEWER MH,SEWER E D G E C L I F F P L DRAWN BY: MS REVISED: 2.MATERIAL:360LF 6"DIP WATER MAIN SURVEY BY: 375LF 4"PVC TEMP ABOVE-GROUND WATER MAIN WATER VALVE,WATER UPGRADED WATER (2)HYDRANTS&GUARD VALVES oFrLTw DEPARTMENT OF PUBLIC WORKS (2)8"GATE VALVES,(2)6"GATE VALVES HYDRANT,HYDRANT BRANCH � � WATER AND SEWER DIVISION (4)WATER SERVICES MAIN �� 510 FIRST STREET 4p�p��E®�00 ITHACA, NY 14850 R PLACE HY RANT -125 -S-1 TS&V NO TH OF E STING ALVE '90 REPLACE&RELOCATE �p EXISTING'CLOSED BTW PRESSURE ZONE'VALVE RPZ ON TEMP WATER LINE \ 1 co 6 \ LLp Q -J 'o'10 A- GNM J F FO��Ow 3 / 44J V S OO141D ABANDON VALVE VAULT J TITLE: SCALE: 1:10 PLOT BY: S T E W A R T AVE & DATE 2/2013 CHECKED BY DRAWN BY: MS REVISED: SURVEY BY: T H U RST O N AVE �rU, DEPARTMENT OF PUBLIC WORKS NEW PIPING ;� WATER AND SEWER DIVISION �; _� 510 FIRST STREET B�flp�E®`0®0 ITHACA, NY 14850 5.5 Request Funding for Engineering Services Agreement for Engineering Evaluation of Bar Screen and Biosolids Dewatering Equipment and other miscellaneous improvements to the Influent Building WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital Improvements, and WHEREAS, Capital Project 416J Ithaca Area Wastewater Treatment Plant was authorized by Common Council in 2007 for$1,504,950, and WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan, this agreement provides engineering services for the next set of proposed capital improvements, and WHEREAS, this authorization for an amount not to exceed$44,500 will allow GHD to complete an engineering report evaluating equipment for the replacement of the bar screen, add a leachate storage system, miscellaneous improvements to the influent building and a biosolids dewatering system, and WHEREAS, the Special Joint Committee (SJC) approved said professional services contract with GHD at its meeting of March 13, 2013 contingent on fund availability and attorney approval of the agreement, and WHEREAS, Common Council Authorized funding in the amount of$1,504,950 on December 5, 2007, for CP 416J and the available balance, as certified by the City of Ithaca Controller, is $57,325; now, therefore be it RESOLVED, That Common Council hereby recommends an amount not to exceed$44,500 to fund the proposed agreement with GHD Engineers utilizing funds from the remaining authorization from CP 416J, and be it further RESOLVED, That Common Council hereby authorizes this project amendment contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $25,427.30 Town of Ithaca 40.88 18,191.60 Town of Dryden 1.98 811.10 $44,500.00 J:\DRedsicker\AGENDAS\City Admin Comm\2013\3-27 CA Agenda.doc 3/27/13