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HomeMy WebLinkAboutMN-GOV-2004-09-27 GOVERNANCE COMMITTEE PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. September 27, 2004
PRESENT:
Chair Mackesey
Alderpersons (3) Whitmore, Taylor, Korherr
EXCUSED:
Alderperson (1) Zumoff
OTHERS PRESENT:
Information Management Specialist- Day
City Attorney— Marty Luster
Mayor— Carolyn Peterson
MEETING CALLED TO ORDER:
Chair Mackesey called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
Approval of August 23, 2004 Governance Committee Meeting Minutes
By: Whitmore Seconded By: Korherr
RESOLVED, that the August 23, 2004 Governance Committee Meeting be approved as
published.
Carried Unanimously
ANNOUNCEMENTS AND REPORTS FROM COMMITTEE MEMBERS
Alderperson Korherr suggested the usage of interns to work on language in the City
Code regarding bicycles.
Alderperson Whitmore announced the Recreation Partnership— meeting with the
Tompkins County Legislature would be held at 9:00 a.m. on 9/28/04, and on 9/30/04 at
7:00 p.m. at the Town of Ithaca.
Establishing City Ethics Committee— Discussion
Discussion was held on the floor regarding the provision that prohibits the public from
filing an ethics complaint on a member of the governing body. Mayor Peterson stated
• the logical person to act as an official hearing officer and to address the Ethics Board
would be City Attorney Luster.
Financial Disclosure Forms for Department Heads — Discussion
1 t
Discussion was held regarding a proposed requirement for Department Heads to file
annual disclosure statements. Aldersperson Korherr volunteered to draft a form for the
committee to review and discuss further.
Date for next Governance Committee meeting - Discussion
No meeting will be held for the month of October due to budget meetings. The next
committee meeting will be held on November 22, 2004.
ADJOURNMENT:
On a motion the meeting adjourned at 7:40 p.m.
wilt 1621 .K)Ctr1\9 -O. m c._cKili
Cindie L. Day Pamela Mackesey
Information Management Specialist Chair
ORDINANCE NO. OF 2004
AN ORDINANCE TO AMEND SECTION 39-1 OF CHAPTER 39 (ENTITLED
"CONTRACTS") OF THE CITY OF ITHACA MUNICIPAL CODE.
WHEREAS, pursuant to Ordinance Number 2003-13 adopted on July 9`h, 2003, the
Common Council of the City of Ithaca enacted a new Chapter 215 of the City of Ithaca
Municipal Code entitled "Human Rights Protections", and
WHEREAS, the said Human Rights Protections Chapter, among other things, established
a new list of protected classes of individuals, and
WHEREAS, the Common Council of the City of Ithaca now wishes to amend the
Contracts Chapter of the Code to make it consistent with the anti-discrimination language set
forth in Chapter 215,
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by Common Council of
the City of Ithaca, New York, that Section 39-1 of Chapter 39 of the City of Ithaca Municipal
Code is hereby amended as follows:
Section 1
§ 39-1. Nondiscrimination clause. •
The following clause shall be included in any city contract: "The contractor will not discriminate
against any employee, applicant for employment, subcontractor, supplier of materials or services
or program participant because 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."
ARTICLE II,Responsibility Determinations
§ 39-2. Guidelines.
A. In deliberating upon the responsibility of a bidder or a subcontractor, all contracting
agencies shall give due consideration to any credible evidence or reliable information that the
past or current record of a bidder or proposed subcontractor includes any of the following:
(1) Lack of adequate expertise, prior experience with comparable projects or financial
resources to perform the work of the contract or subcontract in a timely, competent and
acceptable manner. Evidence of such a lack of ability to perform may include, but shall not be
limited to, evidence of suspension or revocation for cause of any professional license of any
director or officer, or any holder of 5% or more of the bidder's or proposed subcontractor's stock
Proposed new language is underlined and language being deleted is stfnek- gh.
\\CITYHALL\V OL2\ATTORNEY\Ordinances\Contracts.doc
or equity; failure to submit satisfactory evidence of insurance, surety bonds or financial
responsibility; or a history of termination of prior contracts for cause.
(2) Criminal conduct in connection with government contract or the conduct of business
activities involving the infliction, injury or intentional property damage, in connection with
involvement in a pattern of racketeering, labor racketeering, extortion, obstruction of justice or
other comparable crimes; bribery, fraud, bid-rigging, embezzlement or other comparable crimes;
or serious moral turpitude, fundamental lack of integrity or knowing disregard for the law.
Evidence of such conduct may include a judgment of conviction,pending criminal indictment of
formal grant of immunity in connection with a criminal prosecution of the bidder or proposed
subcontractor, and director or officer, or any holder of 5% or more of the shares or equity of the
bidder or proposed subcontractor, or any affiliate of the bidder or proposed subcontractor.
(3) Grave disregard for the personal safety of employees, city personnel or members of the
public. Due consideration shall be given to whether available evidence concerning the training of
employees, equipment actually in use at the work site and company practices for identifying and
addressing deficiencies and securing employee compliance demonstrates a genuine commitment
to safety or lack of the same.
(4) Willful noncompliance with the prevailing wage and supplements payment requirements
of the Labor Law, including consideration of any pending violations of the bidder or proposed
subcontractor, or any affiliate of the bidder or proposed subcontractor.
(5) Any other significant Labor Law violations, including but not limited to child labor
violations,failure to pay wages or unemployment insurance tax delinquencies.
(6) Any significant violation of the Workers'Compensation Law, including but not limited to
the failure of a bidder or proposed subcontractor to provide proof of workers' compensation or
disability benefits coverage.
(7) Any criminal conduct involving violations of the Environmental Conservation Law or
other federal, state or city environmental statutes or repeated or significant civil violations for
federal, state or city environmental statutes or regulations.
(8) The failure of a bidder or contractor to demonstrate good-faith efforts to comply with
applicable federal, state or city statutes and regulations requiring efforts to solicit and utilize
minority-owned and women-owned business enterprises and disadvantaged business enterprises
as potential subcontractors, in connection with a pending bid for the performance of a federal-aid
or state- or city-funded or-assisted project subject to such statutory and regulatory requirements.
(9) The failure of a bidder, contractor or proposed subcontractor to comply with federal, state
or city statutes or regulations requiring the hiring,training and employment of persons presumed
to be disadvantaged in accordance with federal, state or city definitions to meet federal, state and
city equal employment opportunity requirements.
Proposed new language is underlined and language being deleted is struck eugh.
\\CITYHALL\V OL2\ATTORNEY\Ordinances\Contracts.doc
d `
(10) The submission of a bid which is mathematically or materially unbalanced.
(11) The submission of a bid which is so much lower than the agency's confidential engineers'
estimate for the cost of, or anticipated bids for,the contract that it appears unlikely that the
bidder will be able to perform the contract satisfactorily at the price bid.
(12) Any other cause of so serious or compelling a nature that it raises questions about the
present responsibility of a contractor or subcontractor, including but not limited to, submission to
a contracting agency of a false or misleading statement on a uniform questionnaire, or in some
other form, in connection with a bid for or award of a contract or a request for approval of a
subcontractor.
B. In addition to the factors specified above, contracting agencies may also give due
consideration to any other factors considered by the contracting agencies to bear upon
responsibility, including but not limited to any mitigating factors brought to the agency's
attention by the bidder or proposed subcontractor.
§ 39-3. Definitions.
As used in this article, the following terms shall have the meanings indicated:
BIDDER, CONTRACTOR and SUBCONTRACTOR:
A. Any person or business entity submitting a competitive bid for,receiving the award of or
submitted for approval as a subcontractor on a contract by any one of the contracting agencies.
B. A corporation, partnership or proprietorship shall be considered to be an affiliateof the
bidder or proposed subcontractor if one owns, controls or has the ability to control the other,or if
a third person, corporation, partnership or proprietorship owns, controls or has the ability to
control both.
CONTRACT--Any construction or service contract that is required by statute to be let by
competitive bid to the lowest reasonable bidder.
CONTRACTING AGENCIES --Any agency or department of the city which is letting a
contract through competitive bidding.
. Section 2.
SEVERABILITY. Severability is intended throughout and within the provisions of this
ordinance. If any section, subsection, sentence,clause,phrase or portion of this ordinance is held
to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not
affect the validity of the remaining portions of this ordinance.
Section 3.
EFFECTIVE DATE. This Ordinance shall take effect in accordance with law upon publication
of notice as provided in the Ithaca City Charter.
Proposed new language is underlined and language being deleted is struck t ough.
\\CITYHALL\V OL2\ATTORNEY\Ordinances\Contracts.doc
1 '
usgbc news Press Kit
press releases
usgbc in the news
leed news USGBC Fact Sheet
/' member news
usgbc update Mission
media resources
press kit The U.S. Green Building Council is the nation's foremost coalition of
leaders from across the building industry working to promote buildings that
are environmentally responsible, profitable and healthy places to live and
work.
Purpose
Founded in 1993, the U.S. Green Building Council is leading the national
consensus for producing a new generation of buildings that deliver high
performance with minimal damage to the environment. Council members
across all spectrums of the building industry unite to promote resources,
products, policy guidance, education, and marketing tools that support the
adoption and market expansion of green building.
Membership
Council membership is comprised of over 5,300 leading organizations
including product manufacturers, non-profits, building owners, building
professionals, utilities, government agencies, research institutions,
professional societies, universities and others. The strength and diversity
of the USGBC membership has been vital to forging strategic alliances
r '
usgbc news Press Kit
press releases
usgbc in the news
leed news
LEED Fact Sheet
member news What is LEED?
usgbc update
media resources The LEED (Leadership in Energy and Environmental Design) Green Building
Rating System is a voluntary standards and certification program that defines
press kit high-performance green buildings--which are more environmentally responsible,
healthier, and more profitable structures. Developed by USGBC, it addresses a
variety of buildings and building project types through individualized systems,
including:
•New Construction(LEED-NC)available
'Existing Buildings (LEED-EB)available
•Commercial Interiors(LEED-CI) available
'Core& Shell (LEED-CS)in pilot,to be released 2005
"Homes (LEED-H)in development, to be piloted in 2005
'Neighborhood Development(LEED-ND)in development
In addition, application guides are available to provide information and
instruction about applying LEED to market segments.
LEED's open, consensus-based development process
LEED rating systems are developed through a consensus process in USGBC
committees. Each volunteer committee is composed of a diverse group of
practitioners and experts representing a cross-section of the building and
construction industry. Any USGBC member can serve on a committee,and all
committee procedures and proceedings are available at www.usgbc.org.
usgbc news press Kit
press releases
usgbc in the news
Leadership in Energy and Environmental Design (LEED®)Frequently
Teed news Asked Questions
t member news
usgbc update How are credit points awarded under LEED?
media resources
Credits are awarded based on six categories of performance: sustainable sites,
press kit energy and atmosphere, water efficiency, indoor environmental quality, materials
and resources, and innovation in design.
Is LEED training availalble?
USGBC offers a variety of LEED Workshops including a basic introduction,
technical reviews, and advanced application-oriented sessions. Workshops are
available nationally in conjunction with local chapters,at industry tradeshows,
and at Greenbuild. Private workshops can also be scheduled for your company.
Can products be certified under LEED?
No. LEED applies to green building projects. Individual products can contribute
to points under the rating system; LEED criteria are performance-based. In
attempting to meet these requirements,LEED practitioners identify products that
have desired attributes. However, some LEED criteria do require specific product
data as a part of a successful submittal.
How much does it cost to register a project?
A modest fee is required at project registration. Registration fees are based on
project square footage,with a maximum fee of$3750. Discounts apply for
USGBC members.
What is a LEED Accredited Professional and how do you become one?
LEED Accredited ProfessionalsTM are experienced building industry practitioners
who have demonstrated their knowledge of integrated design and their capacity to
facilitate the LEED certification. To become an accredited professional you must
Green Building Fact Sheet:
November 2004
The annual market for green building in products and
services is $5.8 billion, representing 34% growth over
the prior year (based on 2003 figures).
U.S. Green Building Council:
Membership
• 5300 member organizations, including corporations, governmental
agencies, and nonprofits.
• USGBC's membership has grown by 1000% in the past four years.
LEED Green Building Rating SystemTM
• LEED for new construction (LEED-NC) was first released in 2000
• New LEED rating systems addressing Commercial Interiors (LEED-CI) and
Existing Buildings (LEED-EB) are in pilot and will be released in 2004
• 195 million square feet of commercial building space has been registered
or certified under LEED
• A total of 1,619 registered building projects are currently LEED-registered,
and an additional 148 have completed certification
• There are LEED projects in all 50 states and 12 countries
• Owners of LEED-registered and certified projects represents a diverse
cross-section of the industry.
• 25%are owned by for-profit corporations
• 24%are owned by local government
• 22%are owned by state & federal government
• 19%are owned by nonprofit organizations.
• Project types of all LEED-registered and certified projects by square
footage includes:
• 25% Mixed use
• 16%Commercial Office
• 8% Higher Education
• 6% K-12
Green Building Fact Sheet:August 2004
Page 1 of 3
• An investigation of 20 studies with 30,000 subjects found significant
associations between low ventilation levels and higher carbon dioxide
concentrations-a common symptom in facilities with sick building
syndrome.
Size and Impact of the U.S. Built Environment
U.S. Construction market in 2001 (includes all commercial, residential, industrial)
• Represents 20% of U.S. economy
Source: National Institute of Standards and Technology and the National science
and Technology Council: Construction Industry Statistics, 1995
• Comprises 12.7%of the $10 trillion U.S. GDP. (Includes all commercial,
residential, and industrial construction)
Source:2003 U.S. DOE Buildings Energy Databook
Energy consumption
• Buildings represent 39% of U.S. primary energy use (includes fuel input for
production)
Source:2003 U.S. DOE Buildings Energy Databook.
Electricity consumption
• Buildings represent 70% of U.S consumption
Source:2003 U.S. DOE Buildings Energy Databook
Water use:
• Buildings use 12.2% of all potable water, or 15 trillion gallons per year
Source: U.S. Geological Service, 1995 data.
Materials use:
• Buildings use 40% of raw materials globally (3 billion tons annually)
Source: Lenssen and Roodman, 1995, "Worldwatch Paper 124:A Building
Revolution:How Ecology and Health Concerns are Transforming Construction,"
Worldwatch Institute.
Waste:
• The EPA estimates that 136 million tons of building-related construction
and demolition (C&D) debris was generated in the U.S. in a single year
Source:http://www.epa.gov/epaoswer/non-hw/debris/about.htm, and U.S. EPA
Characterization of Construction and Demolition Debris in the United States, 1997
Update.
• Compare that to 209.7 million tons of municipal solid waste generated in
the same year.
Source: U.S. EPA Characterization of Municipal Solid Waste in the United States,
1997 Update. Report No. EPA530-R-98-007
Green Building Fact Sheet:August 2004
Page 3 of 3
2,7477:-
LEED Users Summary
Updated: 8-13-04
Fiv et*
Prepared by: __1 _
Peter Templeton
Director, LEED & International Programs
202.828-7422 ext. 137
ptempletonausgbc.org �r
For updates, contact:
Allison Herren
Chapter Coordinator
202-828-1148 ext. 148
aherrenausgbc.org
FEDERAL USERS:
DOE: The Department of Energy supported the development of the
LEED Rating System, training workshops, and reference
materials.
DOI: The Department of the Interior has signed a Memorandum of
Understanding with the USGBC supporting the use of LEED for
Existing Buildings by its facilities. The DOI has also signed a
memorandum with the GSA and the USGBC supporting LEED
for all partnered projects.
Contact: Heather S. Davies; heather davies@ios.doi.gov
EPA: The Environmental Protection Agency aims to have alt of their
new facility construction and new building acquisition projects
20,000 gsf or larger meet LEED Silver standard by 2005. The
Agency also aims to use LEED for new Commercial Interiors
and Existing Building standards by 2005 on at least one
appropriate project where space in an existing building is
acquired. The Agency currently has multiple projects
registered for LEED-NC certification and is supporting
development of LEED for Existing Buildings. The Agency will
request that GSA provide new major office leases that meet
the Energy Star requirements.
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The Physical Fitness Center at Barksdale AFB in Louisiana
earned LEED 1.0 Bronze certification in December 2002.
Contact: Boyce Bourland; (210) 536-5483
The Sustainable Development Guide:
http://wvwv.afcee.brooks.af.mil/dc/dcd/arch/rfg/index.html
The LEED Application Guide for Lodging:
http://www.afcee.brooks.af.mil/dc/DCD/arch/leed/leedguide.
pdf
The Air Force Policy Letter for Sustainable Development: .
http://www.afcee.brooks.af.mil/green/resources/policymemo.
pdf
Army: The Army has adopted LEED into its Sustainable Project
Rating Tool (SPiRiT), but is not requiring certification of its
projects. All buildings built in the Fiscal Year 2004 (October
1-September 31) must have a Bronze rating; FY2005- Silver;
FY2006 Gold SpiRiT rating.
Contact: Richard Schneider, U. S. Army Engineering Research&
Development Center;217-373-6752
r-schneider@cecer.army.mil
Construction Engineering Research Laboratory:
http://www.cecer.armv.mil/SustDesian
Navy: The Navy was the first federal agency to certify a
LEEDTM project. The Bachelor Enlisted Quarters at the Great
Lakes Naval Training Center was certified under the Pilot
version 1.0 of LEEDTM. The Navy continues to pursue
sustainable development in its facilities requiring all applicable
projects to meet the LEEDN Certified level, unless justifiable
conditions exist that limit accomplishment of the LEEDTM'
credits necessary for achieving the Certified level. Submission
to the USGBC for LEED certification is not a
requirement, but is recommended for high visibility and
showcase projects. The Navy uses the LEEDTM Green Building
Rating System as a tool in applying sustainable development
principles and as a metric to measure the
sustainability achieved. The Navy has provided support for the
I.F.ED Users Summary
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building tax credit for commercial developers:
http://business.marylandtaxes.com/taxinfo/taxcredit/greenbl
dg/default.asp
MD Green Building Council contacts:
Sean McGuire,Environmental Design;(410)260-8727
• www.dnr.state.md.us/ed
Steve Gilliss, MD Dept. of General Services; (410) 767-4675
sgi I I i sse_dgs.state.md.u s
Massachusetts: Massachusetts is considering LEED adoption for all state
projects as well as a green building tax credit program.
Contact: John DiModica, Dept. of Capital Planning; (617) 727-
4030
John.Di Modica( dcp.state.ma.us
Barbra Batshalom, The Green Roundtable; (617) 374.3740
bbagreenroundtable.org
Michigan: The state of Michigan requires that all state-funded capital
projects over $1,000,000, including state agencies,
universities, and community colleges, be constructed to a
LEED Certified level.
Department of Management and Budget, Major Projects
Design Manual: http://www.michigan.gov/dmb/0.1607.7-
150-9152-80693--.00.html
New Jersey: Governor James E. McGreevey signed Executive Order # 24 in
July 2002 requiring all new school designs to incorporate
LEED guidelines. The New Jersey Economic Schools
Construction Corporation is encouraging the use of LEED but
not requiring certification of new projects built under its $12
billion public school construction program.
Executive order:
www.state.nj.us/infobank/circular/eom24.htm
Contact: Ted Huesing; (908) 281-5385
New York: New York Governor Pataki issued Executive Order #111 in
June 2001 encouraging but not requiring state projects to seek
LEED Certification. New York State Energy Research and
LEES)Users Summary
Sink'ind T.,(1cM Gemrrnmcnt Te>lkii
new and existing buildings by providing economic incentives.
http://www.cityofseattle.net/light/conserve/sustainability/
City of Seattle Sustainable Building Policy:
http://www.cityofseattle.net/util/rescons/susbuild/policy.htm
Contact: Peter Dobrovolny, Seattle City Light; (206) 615-1094
peter.dobrovol nyaseattl e.gov
Suffolk County, NY: Legislator Viloria-Fisher introduced a resolution to apply
significant aspects of LEED all Suffolk County building projects of$1
million or more. If passed by the County Legislature, Viloria-Fisher's
legislation would require County Building proposals to meet a minimum
LEED criteria in order to be approved. The resolution is expected to be
brought up in the beginning of 2004.
Contact: Office of Hon. Vivian Viloria Fisher;(631) 854-1500
Vancouver, BC: On July 8,2004, The City of Vancouver officially announced the adoption
of green building standards—LEED for British Columbia(LEED-BC)for
all new civic buildings greater than 500 square meters. New public
buildings mustachieve the Leadership in Energy and Environmental
Design(LEED)Gold certification. The City also mandated specific
energy points in the LEED Rating System to ensure a 30%energy
reduction in all new civic buildings.
http://www.city.vancouv er.b c.ca/ctycl erk/ccl erk/20040708/pedec.ht m
Contact: Thomas Mueller;(604)436-6818
thomas.mueller@gvrd.bc.ca
I.TED Users Stimmary
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rating. Formal certification with USGBC is encouraged but not
required.
Contact: Heidi Kline, Associate Planner;(925)931-5609
hkline@ci.pleasanton.ca.us
Portland, OR: Portland passed a resolution requiring LEED certification of all
public projects (new and major retrofits) and has developed
Portland LEED supplement. A new LEED Business Energy Tax .
Credit (BETC) is being administered by the state Office of
Energy (http://www.enerRy.state.or.us/bus/tax/sustain.htm)
This site also contains a link to the City of Portland cost
comparison study at http://www.green-
rated.org/g rated/resources/trpdfs/pdxleed.pdf
Contact: Rob Bennett, Office of Sustainable Development
G/Rated - City of Portland Green Building Program;
(503) 823-7082
bennett@ci.portland.or.us
San Diego, CA: San Diego Mayor Dick Murphy included requiring LEED Silver
certification of all municipal projects among his 10 goals for
the year in his 2002 State of the City Address. The city has
subsequently adopted LEED for all public projects. The city
has also developed a sustainable building expedite program
that uses LEED criteria and provides significant plan review
and construction incentives. The city's downtown library is
currently in the design phase with an aim for LEED Gold
certification.
Contact: Tom Blair, Environmental Services; (858) 492.6001
San Francisco, CA On May 18, 2004, the Board of Supervisors of the City and
County of San Francisco, CA adopted an ordinance (Chapter 7
of the Environment Code) requiring all municipal new
construction, additions and major renovation projects over
5000 square feet starting conceptual design on or after
September 18 to achieve a LEED Silver certification by the
USGBC. It also requires that a LEED Accredited Professional
be a member of each
design team and achievement of the LEED Additional
Commissioning Credit for all projects.
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Contact: Glen Svendsen, Facility Management Division
Manager, Sustainable Building Task Force; (541) 682-5008 .
glen.I.svendsenCc�ci.eugene.or.us
Frisco, TX: The City of Frisco passed Ordinance #04-05-41 to be in effect
for one year beginning.September 1, 2004 that requires all
non-single-family residential developments over 10,000 ft2 to
submit a LEED checklist to the city. The checklist must be
filled out by a LEED Accredited Professional, must document
which points can and cannot be earned, and must include an
estimated cost for each point.
The city passed Ordinance #01-05-39 on May 1, 2001 creating
a Green Building Program for all single-family residential
buildings.
http://mail.ci.frisco.tx.us/WebLink/
Contact: Jeff Witt, Comprehensive and Environmental Administrator;
(972)335-5540 ext. 145
jwitt@ci.frisco.tx.us
Houston, TX: The city adopted Green Building Resolution#2004-15 on June 23, 2004,
stating that all city owned buildings and facilities over 10,000 sq ft shall
use LEED to the greatest extent practical and reasonable with a target of
LEED Silver certification.
Contact: Rebecca Bryant;(713)524-2155 -rebeccab(abaileyarchitects.com
Kathleen English; (713) 850-0400-kenglish@english-architects.com
english-architects.com
Kansas City, MO: Kansas City requires that all new city buildings be designed to
meet LEED Silver at a minimum as per Resolution #011739.
The city is also participating in LEED EB pilot program for city
hall.
Contact: Tom Bean, City Architect; (816) 513-2531
EB pilot: Bob Lawler; (816) 513-2532
King County, WA: King County Executive Order FES 9-3 (AEP) requires all new
public construction projects to seek LEED certification and
encourages the application of LEED criteria to building
retrofits and tenant improvements. There is a LEED
supplement for King County projects.
http://dnr.metrokc.gov/swd/leed/kcbldgs.asp
LEED iJsc-rs Sttrnm. ry
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Contact: Benjamin Taube,Environmental Manager, City of Atlanta;
(404) 330-6752
BTaube cr AtlantaGa.Gov
Austin, TX: The Austin City Council passed a resolution in June 2000
requiring LEED certification of all public projects over 5,000
gsf.
Contact: Richard Morgan, City of Austin-Green Building
Program;
(512) 505-3709
Richard.morgan@austinenergy.com
City of Austin Green Building Program:
http://www.ci.austin.tx.us/greenbuilder/
Berkeley, CA: The Berkeley City Council passed a resolution that requires
municipal buildings over 5,000 ft2 to achieve the LEED
Certified rating in 2004 and 2005 and a LEED Silver rating in
2006 and beyond.
Details are available on the City Council website:
http://www.ci.berkeley.ca.us/sustainabledevelopment/greenb
uilding/
Contact: Rahul Young, City of Berkeley's Green Building
Coordinator;
(510) 981-7535
RahulYoungCa�ci.berkeley.ca.us
Boulder, CO: All new or significantly renovated city facilities are built to a
LEED Silver standard.
Contact: Elizabeth A. Vasatka,Environmental Coordinator;
(303)441-1964
vasatkae@ci.bouldenco.us
Bowie, MD: The city council passed Resolution #R-15-03 requiring all
municipal projects to follow green building criteria and to use
LEED guidelines on a project by project basis. The city has
partnered with several local, state, and federal agencies to
construct the city's first green demonstration project, the
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House bill 993 (2003) including a High Performance Green
Building Tax Credit is currently under committee review and
has not moved.
http://www.legis.state.pa.us/WU01/1.1/81/BT/2003/0/HB099
3P1166.HTM
House Bill No.125 includes financial incentives for school
buildings achieving LEED certification. A committee is
reviewing the bill.
Four state funds including the $20 million Sustainable Energy
Fund provide grants, loans and "near-equity" investments in
energy efficiency and renewable energy projects in
Pennsylvania.
Contact: Catherine Brownlee, Governor's Green Government
Council;
(717) 772-8946
cbrownlee©state.pa.us
Washington Legislation requiring the use of LEED on state projects will be
reintroduced in the latter half of 2004.
Contact: Glen Gilbert, Cascadia Green Building Council; (503)
228-5533
Glen@CascadiaGBC.org
MUNICIPAL USERS:
Several municipalities are currently requiring LEED certification of their projects:
Alameda
County,CA: All county projects initiated after July 1,2003 must be LEED"Silver"
certified. This ordinance added chapter 4.38 to Title 4 of the
Administrative Code of the County of Alameda.
Contact: Michael Cadrecha,Architect, County of Alameda GSA-TSD;
(510)208-9589
michael.cadrecha@acgov.org.
acgov.org.
Arlington, MA: In May 2003, the town of Arlington voted in favor of requiring
all new buildings and major renovation projects to achieve a
LEER Users 4tcrnmary
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TRANSPORTATION AGREEMENT
AMONG
CITY OF ITHACA,COUNTY OF TOMPKINS, CORNELL UNIVERSITY,
TOMPKINS CONSOLIDATED AREA TRANSIT, AND
TOMPKINS CONSOLIDATED AREA TRANSIT, INC.
This TRANSPORTATION AGREEMENT is effective as of this 1St day of January,2005,
by and among
the City of Ithaca, a municipal corporation of the State of New York, City Hall, of
108 East Green Street, Ithaca,New York,hereinafter called the "City," and
the County of Tompkins, a municipal corporation of the State of New York, of 125 East
Court Street,Ithaca,New York, hereinafter called the "County," and
Cornell University, an educational institution chartered by the State of New York, of
116 Maple Avenue, Ithaca,New York,hereinafter called "Cornell," and
Tompkins Consolidated Area Transit, a joint venture created by the City, County and
Cornell to operate a public transportation system, as authorized by section 119(s)(1) of the New
York General Municipal Law, of 737 Willow Avenue, Ithaca, New York, hereinafter called the
"TCAT joint venture",and
Tompkins Consolidated Area Transit, Inc., a not-for-profit corporation incorporated
under the laws of the State of New York, of 737 Willow Avenue, Ithaca, New York, hereinafter
called"TCAT, Inc.",
all of whom are collectively sometimes referred to as the "parties."
WHEREAS, public transportation is necessary to achieve public goals to improve air
quality, energy conservation, and economic development; to reduce traffic congestion and
parking demands; to improve intermodal facilities; to increase mobility for the general public and
especially for elderly persons, persons with disabilities, and economically disadvantaged persons
in urban and rural areas; and to support sustainable community development; and
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WHEREAS, the, City, County and Cornell entered into an agreement dated April 1, 1998
(the "Consolidation Agreement"), to create the TCAT joint venture to provide public
transportation services; and
WHEREAS, from 1998 to the present, the TCAT joint venture has been operating a
coordinated public transportation system in Tompkins County and surrounding areas, with its
staff employed by the City, County and Cornell; and
WHEREAS, the City, County and Cornell have determined as a result of the TCAT joint
venture's strategic planning process, and the New York State Department of Transportation has
directed, that public transportation services should be provided by a single employer;and
WHEREAS, TCAT, Inc. was incorporated in 2004 to be the single employer and to
provide public transportation services in Tompkins County and other areas beginning January 1,
2005;
NOW, THEREFORE, in consideration of the promises and mutual covenants and
agreements herein contained, it is hereby agreed by and between and among the parties as
follows:
1 —Effect on Terms of Consolidation Agreement
The City, County and Cornell agree that as of January 1, 2005, the terms of this
Agreement shall supercede those of the Consolidation Agreement, except the TCAT joint
venture shall continue to exist and its Board may continue to meet as necessary until such time as
the City, County and Cornell jointly agree to formal termination of the Consolidation Agreement.
Once the Consolidation Agreement is formally terminated, the TCAT joint venture shall cease to
be a party to this Agreement.
2—Operation of Public Transportation Services
2.1 Cessation of Services by TCAT Joint Venture. The County, City, Cornell and the
TCAT joint venture hereby agree that the TCAT joint venture shall not operate public
transportation services after December 31, 2004.
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2.2 TCAT, Inc.'s Provision of Services. TCAT, Inc. agrees to begin providing public
transportation services as of January 1, 2005. TCAT, Inc. shall provide open-to-the-public mass
transportation services throughout Tompkins County and may also provide such services in
surrounding areas. Initial routes, which are subject to changes in the future by TCAT, Inc., are
shown on the map attached as Exhibit A. TCAT, Inc. shall have control over and responsibility
for these services and the manner in which they are provided, including the determination of
staffing levels and bus routes. Among other things, TCAT, Inc. shall be responsible for
adoption, in a manner consistent with federal and state public participation process requirements,
of (1) a regional service plan and the rules and procedures by which the service plan may be
altered, and (2) a system of fares and the rules and procedures by which the system may be
altered. TCAT, Inc. will receive all fare revenue and all state and federal assistance applied for
on its behalf.
2.3 TCAT, Inc.'s Affairs. The affairs of TCAT,Inc. shall be governed by its bylaws, as they
may be amended from time to time.
3—Transfers and Contributions
3.1 Capital Assets. Except as specified in sections 3.2 and 3.3 below, the City, County,
Cornell and TCAT joint venture agree to transfer to the County, with such transfer effective
January 1, 2005, title to all capital assets owned by or on behalf of the TCAT joint venture as of
December 31, 2004. Exhibit B lists all such capital assets shown on the TCAT joint venture's
books as of December 31, 2003. Exhibit B will be updated to include those capital assets
acquired in 2004 once the TCAT joint venture completes and closes out its 2004 fiscal year. The
County shall also hold title to all capital assets acquired after January 1, 2005 that are purchased
with federal or state funds and are to be used by TCAT, Inc. The term "capital assets" as used
hereafter in this paragraph shall refer to the assets that are and will be listed on Exhibit B as well
as all capital assets acquired after January 1, 2005 that are purchased with federal or state funds.
The City, County and Cornell shall each own a one-third (1/3) equitable interest in the locally-
owned share of the capital assets. In consideration of the public transportation services TCAT,
Inc. will provide under this Agreement, the County shall lease the capital assets to TCAT, Inc.
for $1 per year pursuant to a separate capital lease agreement. Should TCAT, Inc. be dissolved,
the City, County and Cornell may each repurchase one-third(1/3) of the capital assets at the price
of$1. The capital assets initially contributed by the City, County and Cornell to the TCAT joint
venture in 1998 shall be returned to the party that contributed them and their value shall be
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counted towards that party's one-third share,provided the asset still exists and there has not been
a previous disposition of the asset.
3.2 Locally-Owned Assets. Notwithstanding section 3.1 above, the City, County, Cornell
and TCAT joint venture agree to transfer to TCAT, Inc., with such transfer effective January 1,
2005, title to all buses and bus shelters that were purchased with one hundred percent (100%)
local funds and were owned by or on behalf of the TCAT joint venture as of December 31, 2004.
These locally-owned buses and bus shelters are listed on attached Exhibit C. TCAT, Inc. shall
also hold title to all capital assets acquired on or after January 1, 2005 that are purchased with
one hundred percent (100%) local funds. The term "locally-owned capital assets" as used
hereafter in this paragraph shall refer to the assets that are listed on Exhibit C as well as all
capital assets acquired after January 1, 2005 that are purchased with one hundred percent(100%)
local funds. In consideration of the asset transfer and annual contributions described below, the
City, County and Cornell shall each own a one-third (1/3) equitable interest in the locally-owned
capital assets. Should TCAT, Inc. be dissolved, the City, County and Cornell may each
repurchase one-third (1/3) of the locally-owned capital assets at the price of$1. The locally-
owned capital assets initially contributed by the City, County and Cornell to the TCAT joint
venture in 1998 shall be returned to the party that contributed them and their value shall be
counted towards that party's one-third share,provided the asset still exists and there has not been
a previous disposition of the asset.
3.3 Existing Real Property and Leasehold. Notwithstanding section 3.1 above, the City
and County will hold joint title to the regional transit facility known as the Ithaca-Tompkins
Transit Center ("Transit Center") and will own it for the benefit of TCAT, Inc. Cornell may
either maintain its leasehold interest in the Transit Center for the benefit of TCAT, Inc., or may
assign the same to TCAT, Inc. for$1.
3.4 Other Transfers. The City,County, Cornell and the TCAT joint venture shall transfer to
TCAT, Inc., with such transfer effective as of January 1, 2005, all (a) non-capital assets owned
by or on behalf of the TCAT venture as of December 31, 2004 (including parts, inventory, and
accounts receivable), (b) liabilities of the TCAT joint venture existing on its balance sheets as of
December 31, 2004 (except any tort or other liabilities arising out of activities by or on behalf of
the TCAT joint venture that are or may be the subject of threatened, pending, or asserted
litigation), and (c) TCAT joint venture fund balances existing on December 31, 2004. TCAT,
Inc. shall hold title to all parts and inventory that are transferred as of January 1, 2005, or that are
acquired after that date. In consideration of the asset transfer and annual contributions described
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below, the City, County and Cornell shall each own a one-third (1/3) equitable interest in the
locally-owned share of the parts and inventory. Should TCAT, Inc. be dissolved, the City,
County and Cornell may each repurchase one-third (1/3) of the parts and inventory at the price of
$1.
3.5 Payment Terms for Transferred Balances Due. Liabilities to be transferred to TCAT,
Inc. include balances due to the City and Cornell as of December 31, 2004 for TCAT joint
venture employees' wages and benefits. Receivables to be transferred to TCAT, Inc. include
federal and state funds to pay for these wages and fringe benefits. To assist TCAT, Inc. in
maintaining cash flow to meet its payroll obligations beginning January 1, 2005, [text to be
provided once controllers reach agreement].
3.6 Annual Contributions. The City, County and Cornell agree to pay equal annual
contributions to TCAT, Inc. for operating and capital expenses, with their payments due by the
end of the first quarter of each TCAT, Inc. fiscal year. Their contributions may take the form of
in-kind services,property, funds, or other forms, including debt service on capital assets. Any in-
kind contributions shall be approved in advance by the TCAT, Inc. Board as to nature and dollar
value to be credited to such party. The 2005 contribution from the City, County and Cornell
shall total One Million Eight Hundred Fifteen Thousand Eight Hundred Thirty-Seven Dollars
($1,815,837.00), with each of the three parties paying Six Hundred Five Thousand Two Hundred
Seventy-Nine Dollars ($605,279.00).
3.7 Effect of Parties' Approval of Annual Contributions. In the course of the City's,
County's or Cornell's approval or disapproval of its annual contribution to TCAT, Inc., none of
those parties shall have the authority to modify TCAT, Inc.'s capital or service plans, or Annual
Operating Budget, or to designate for what portion of the budget or capital plan its annual
contribution may be used.
4-Fiscal Management
4.1 Fiscal Planning. To enable the City, County and Cornell to evaluate TCAT, Inc.'s
requests for annual contributions, the TCAT, Inc. Board shall adopt each year(1) a capital plan,
and (2) an Operating Budget to implement the service plan as set forth in section 2.2. The
TCAT, Inc. Board shall adopt plans and budgets and make its requests to the City, County and
Cornell for annual contributions at an early enough date and supported by sufficient information
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and explanation so that each of those parties may study, deliberate, and approve its annual
contribution to TCAT, Inc. in a timely fashion.
4.2 Budget. The budget shall set forth budgeted expenses, revenues, and operating reserves
from all sources and further set forth the contribution, if any,the TCAT, Inc. Board recommends
the City, County and Cornell make. The service plan, capital plan, and Operating Budget
adopted by the TCAT, Inc. Board may be amended only by action of the TCAT, Inc. Board.
4.3 Fiscal Year. TCAT, Inc.'s bylaws shall set forth its fiscal year, which is January 1 to
December 31, unless the bylaws are modified by action of the TCAT,Inc.Board.
4.4 Accounts and Audits. TCAT, Inc. agrees to maintain a system of accounts to conform
to the uniform system required by federal and state laws, and to provide for the auditing of said
accounts once per year by a competent, independent certified public accountant.
5-Rights and Duties of the Parties
Each party shall be free to engage in its normal and usual activities, including any other
business activity, except as limited herein. Except for TCAT, Inc.'s operations, no party shall
engage in public transportation service in Tompkins County,New York or in other areas served
by TCAT,Inc.without approval of the other parties.
6 -Allocation of Losses
6.1 Definitions.
a. Losses are the amount by which expenses exceed revenues in any fiscal year.
b. Revenues are all operating incomes from all sources including, but not limited to,
fares, sales, state and federal operating assistance, royalty or license income, rents, advertising
income, or other fees and payments for services or products.
c. Expenses are all operating costs including, but not limited to, fuel, utilities,
maintenance, repairs, contractual expenses, personnel, supplies, equipment, debt service,
administration, advertising, training, insurance, taxes, reserves, depreciation, or other costs
whether paid for directly by TCAT, Inc. or paid for by one of the parties and contributed in-kind,
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as approved by the TCAT, Inc. Board. Notwithstanding the foregoing, expenses do not include
uninsured losses arising out of tort liability for bodily injury or death.
6.2 Method of Allocation. Any losses of TCAT, Inc. shall be apportioned among the City,
County and Cornell in the following percentages unless the percentage is changed pursuant to the
terms of this Agreement:
City 33 1/3%
County 33 1/3%
Cornell 33 1/3%
6.3 Apportionment of Loss. It is anticipated by the parties that TCAT,Inc.would operate at
a loss without monetary contributions and contributions in-kind of certain expense items by the
City, County and Cornell. Recommended monetary and in-kind contributions shall be included
in the budget of TCAT, Inc. Any amount by which expenses exceed revenues shall be borne by
the City, County and Cornell in the percentages set forth in section 6.2, provided, however, that
there shall first be adjustments for expense items contributed in-kind and any monies advanced
or contributed by the respective parties in accordance with the budget during the fiscal year.
7-Withdrawal; Assignments and Transfers
7.1 Withdrawal. As cooperative effort of all the parties is required for TCAT, Inc. to remain
financially viable to provide public transportation services, the parties agree that, except as
specified below in section 7.1.c, in the event the City, County or Cornell wishes to withdraw
from this Agreement during its term, such party shall lose its interest in the assets owned by
TCAT, Inc. or leased to TCAT, Inc. by Tompkins County (including those assets the
withdrawing party originally contributed to the TCAT joint venture in 1998) , shall not be able to
recover any of its contributions to TCAT, Inc., and shall not be relieved of its obligations under
this Agreement that were incurred prior to the effective date of formal withdrawal or the effective
date of imputed withdrawal, unless otherwise agreed to by the other parties. In the event of the.
withdrawal of one or more of the parties, the remaining parties, at their option, may alter any
terms of this Agreement as may be appropriate, solicit some other party to participate in place of
the withdrawing party, or pursue such other options as may be appropriate.
a. Formal Withdrawal. Withdrawal may be by formal withdrawal, made upon at
least one (1)year's written notice, effective at the end of the next following fiscal year.
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b. Imputed Withdrawal. Withdrawal may be imputed by a party's attempted
unauthorized transfer of its interest in this Agreement, or by unreasonable neglect or prolonged
refusal to recommend directors to be appointed to the TCAT, Inc. Board, or to contribute its fair
share of monies and/or services to defray losses. However, such withdrawal may only be
imputed if one or more remaining parties gives the party who is said to have imputedly
withdrawn ninety (90) days' written notice specifying the actions (or failure to act) that it deems
have created an imputed withdrawal, and that party has within said ninety (90) days failed or
refused to take substantial steps to remedy the actions or failures to act; if such is the case, then
such withdrawal shall be effective upon the expiration of said ninety (90)days.
c. Window of Permitted Withdrawal. At any time during the final ninety (90)
days of the third (3rd) calendar year of this Agreement, the City, County or Cornell may give
written notice to the other parties that it will withdraw from this Agreement without forfeiture of
its share in the assets owned by TCAT, Inc. or leased to TCAT, Inc. by Tompkins County, such
withdrawal to be effective at the end of the fourth (4th) calendar year after the effective date of
this Agreement. Notwithstanding such notice, such party shall remain liable for its obligations
under this Agreement that were incurred prior to the party's effective date of withdrawal, unless
otherwise agreed to by the other parties.
7.2 Assignments and Transfers. During the term of this Agreement, no party may assign or
transfer its rights and interest in this Agreement to another party to this Agreement, or to a third-
party, without the prior written consent of the other parties. Any purported transfer or
assignment of any party's interest without such consent shall be subject to the rights and
obligations provided in this Agreement and the purported transferee or assignee shall not succeed
to any rights of the purported transferor or assignor. No transfer or assignment shall relieve any
party of such party's duties or obligations under this Agreement, except with the express written
consent of the other parties.
8 -Liability and Insurance
8.1 Liability. This Agreement shall not be construed by third parties to impose any liability
on TCAT, Inc. for any acts or omissions of the other parties or any one of them, nor to impose
any liability on the other parties or any one of them for TCAT, Inc.'s or any other party's acts or
omissions.
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8.2 Limited Covenant Not to Sue. With respect to all matters pertaining to or covered by
this Agreement, each party for itself, its employees, and officers (acting in such capacity),
governing body, subsidiaries, agents, successors, and assigns, hereby agrees that it will never
institute any action or suit in law or in equity against any other party hereto, except for the
reasons stated below.
8.3 Exceptions to Limited Covenant Not to Sue. This covenant not to sue shall not apply
in the following circumstances:
a. Breach of this Agreement. If any party is in default to the other party or parties
for sums or services promised or costs incurred pursuant to the terms of this Agreement, any
party may make a demand on the defaulting party or institute an action to recover sums owed or
to obtain services promised.
b. Third-Party Actions. If any claim or action is brought against one or more of the
parties to this Agreement by someone who is not a party to this Agreement (whether directly or
by counterclaim, cross-claim, or other means initiated by such third-party) and where such claim
or demand alleges damages due to or arising out of the property or activities which are the
subject of or contemplated by this Agreement, the party so sued may join, implead, or cross-
claim against any other party to this Agreement for the purposes of defending such claim or
action. In the event of claim or suit by a party outside of this Agreement, the parties to this
Agreement may investigate and determine a joint or separate defense of the action. TCAT, Inc.
will not be held liable, even where a claim or action is brought against it, where the acts or
omissions giving rise to the claim were performed by or on behalf of the TCAT joint venture, in
which case the responsible party or parties alone shall defend such claim or action. Except as
otherwise provided herein, in no event shall any party to this Agreement be able to collect
damages from any other party to this Agreement, except as a judgment for contribution and/or
indemnity ("judgment over") as a result of this exception (b)to the covenant not to sue. The sole
purpose of exception (b) is the protection of a party to this Agreement from claims of third
parties resulting from this Agreement.
8.4 Insurance. TCAT, Inc. shall secure and maintain such liability insurance and property
and vehicle insurance as its Board deems prudent and responsible, with the County named as an
additional insured. The City and/or Cornell shall also be named as additional insureds if they
request to be named and the insurance company(ies)determine they have an insurable interest.
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8.5 Waiver of Subrogation. If any party to this Agreement shall obtain or have in force
individual insurance to cover any liability that may arise out of this Agreement, the party shall
advise the insurance carrier that said party has waived any right of recovery or subrogation
against the other parties hereto and shall obtain an endorsement to the insurance policy
acknowledging said waiver of subrogation.
8.6 Property Insurance. To the extent that insurance for the protection of property shall be
desirable and necessary, said insurance shall be written, to the extent permitted by law, for the
protection and benefit of TCAT, Inc. and all parties to this Agreement regardless of which party
may be the owner or leaseholder of record, and parties hereto waive all rights against each other
for all losses and damages caused by any perils covered by said insurance.
8.7 Waiver. The parties waive all rights to challenge the validity of this Agreement at any
time.
9-Effect and Amendments
9.1 Effective Date. This Agreement shall be effective January 1, 2005.
9.2 Amendments. This Agreement may be modified or amended only by an instrument in
writing in the same manner in which it was adopted. The parties agree to use their best efforts to
amend this Agreement if such amendment is necessary for TCAT, Inc. to obtain or maintain
501(c)(3)tax exempt status.
10-Termination
10.1 Term. This Agreement shall continue in effect for a term ending October 9,2021.
10.2 Early Termination. This Agreement may be terminated prior to the end of the term only
by mutual agreement of the parties.
10.3 Impracticability of Performance. TCAT, Inc. has been created to foster and realize
common goals and purposes of the parties, as set forth in the "whereas" clauses above. TCAT,
Inc. is not expected to earn a surplus, nor to break even without annual contributions by the City,
County and Cornell of monies and in-kind services or goods, or without state and federal
transportation operating assistance ("TOA"). In the event that the purposes of this Agreement
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become impossible or impractical to perform, or in the event that public transportation, the
regulation thereof, or provision of TOA to public transportation, changes in such a way as to
make successful operation by TCAT, Inc. impossible, illegal, or no longer financially practicable,
for the parties or for any one or more of them, then the parties or any one or more of them, may
terminate this Agreement and the City, County and Cornell shall recover their aforementioned
equitable interests in the assets owned by TCAT, Inc. or leased to TCAT, Inc. by Tompkins
County.
11 -Other Provisions
11.1 Severability. In the event that any provision or section of this Agreement is rendered
invalid by the decision of any court or tribunal, or by the enactment of any law, such provision
shall be deemed to have never been included therein and the balance of this Agreement shall
continue in effect in accordance with its terms.
11.2 Full Effect. The parties agree to execute any further agreements, certificates, statements,
leases, or contracts necessary to give full effect to this Agreement, either with each other or with
third parties.
11.3 Governing Law. This Agreement shall be governed by the laws of the State of New
York.
11.4 Notices. Any notices required to be given by this Agreement shall be deemed given upon
receipt and shall be hand-delivered or sent by certified mail, return receipt requested, to the
addresses shown above or any other address a party may hereafter designate in writing to the
other parties.
11.5 Entire Agreement. This Agreement is the entire agreement of the parties and except as
otherwise specified herein, it supercedes any previous understandings, representations,
commitments or agreements, oral or written.
11.6 Federal Clauses. Clauses required by the federal government are attached to this
Agreement as Exhibit D and are incorporated herein by reference.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers and sealed with their corporate seals, intending to be effective as
of the day and the year first aforementioned regardless of the actual date of execution.
CITY OF ITHACA
Dated: ,2004 By:
COUNTY OF TOMPKINS
Dated: ,2004 By:
CORNELL UNIVERSITY
Dated: , 2004 By:
TOMPKINS CONSOLIDATED
AREA TRANSIT
Dated: , 2004 By:
TOMPKINS CONSOLIDATED
AREA TRANSIT, INC.
Dated: , 2004 By:
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STATE OF NEW YORK )
) ss.:
COUNTY OF TOMPKINS )
On this day of , 2004, before me personally came
to me known, who, being by me duly sworn, did depose and say that
he is the of the City of Ithaca, the municipal corporation described
in and which executed the above instrument; that_he knows the seal of said corporation; that
the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Common Council of said corporation,that he signed h name thereto by like order.
Notary Public
STATE OF NEW YORK )
) ss.:
COUNTY OF TOMPKINS )
On this day of , 2004, before me personally came
to me known, who, being by me duly sworn, did depose and say that
_he is the of the County of Tompkins, the municipal corporation
described in and which executed the above instrument; that _he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order of the County Legislature of said corporation, that _he signed h name thereto by
like order.
Notary Public
STATE OF NEW YORK )
) ss.:
COUNTY OF TOMPKINS )
On this day of , 2004, before me personally came
to me known, who, being by me duly sworn, did depose and say that
_he is the of Cornell University, the corporation described in and
which executed the above instrument; that_he knows the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board
of Trustees of said corporation,that he signed h name thereto by like order.
Notary Public
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STATE OF NEW YORK )
) ss..
COUNTY OF TOMPKINS )
On this day of , 2004, before me personally came
to me known, who, being by me duly sworn, did depose and say that
_he is the of Tompkins Consolidated Area Transit,the joint venture
described in and which executed the above instrument; that _he knows the seal of said joint
venture;that the seal affixed to said instrument is such seal;that it was so affixed by authority of
the Board of Directors of said joint venture,that he signed h name thereto by like order.
Notary Public
STATE OF NEW YORK )
) ss.:
COUNTY OF TOMPKINS )
On this day of , 2004, before me personally came
to me known, who, being by me duly sworn, did depose and say that
he is the of Tompkins Consolidated Area Transit, Inc., the
corporation described in and which executed the above instrument; that he knows the seal of
said corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by authority of the Board of Directors of said corporation, that_he signed h name
thereto by like order.
Notary Public
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--i/ c,
EXHIBIT D
FEDERAL CLAUSES
The parties shall comply with the following requirements. "Purchaser" shall mean
Tompkins County; "Contractor"or"Consultant" shall mean TCAT, Inc.
1. No Obligation by the Federal Government
(1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor,or any other party (whether or not a
party to that contract)pertaining to any matter resulting from the underlying contract.
(2)The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
2. Program Fraud and False or Fraudulent Statements or Related Acts
(1)The Contractor acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this
Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made,it makes, it may make, or causes
to be made,pertaining to the underlying contract or the FTA assisted project for which
this contract work is being performed. In addition to other penalties that may be
applicable,the Contractor further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification,the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2)The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission,or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
1
(3)The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
3. Access to Records -The following access to records requirements apply to this
Contract:
(1) Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i),the
Contractor agrees to provide the Purchaser,the FTA Administrator,the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations,excerpts and transcriptions.
Contractor also agrees,pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or
his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
(2) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the Contractor's records and construction sites pertaining to a major
capital project, defined at 49 U.S.C. 5302(a)1,which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified
acquisition threshold currently set at$100,000.
(3) Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the
Purchaser, FTA Administrator,the Comptroller General of the United States or any of
their duly authorized representatives with access to any books, documents,papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
(4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a)enters into a contract for a capital project
or improvement(defined at 49 U.S.C. 5302(a)1)through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser,the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
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(5) The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(6) The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising
from the performance of this contract, in which case Contractor agrees to maintain same
until the Purchaser, the FTA Administrator,the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 C.F.R. 18.39(i)(11).
(7) FTA does not require the inclusion of these requirements in subcontracts.
4. Federal Changes -Contractor shall at all times comply with all applicable FTA
regulations,policies,procedures and directives, including without limitation those listed
directly or by reference in the Agreement(Form FTA MA(11) dated October,2004)
between Purchaser and FTA, as they may be amended or promulgated from time to time
during the term of this contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
5. Civil Rights -The following requirements apply to the underlying contract:
(1)Nondiscrimination-In accordance with Title VI of the Civil Rights Act, as amended,
42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. §
12132,and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition,the Contractor agrees to comply
with applicable Federal implementing regulations and other implementing requirements
FTA may issue.
(2)Equal Employment Opportunity-The following equal employment opportunity
requirements apply to the underlying contract:
(a)Race, Color, Creed,National Origin, Sex-In accordance with Title VII of the Civil
Rights Act, as amended,42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332,
the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor(U.S. DOL)regulations, "Office of Federal
Contract Compliance Programs,Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et sg., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375,"Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of
the Project. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment,without regard to their
race, color, creed, national origin, sex, or age. Such action shall include, but not be
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limited to,the following: employment, upgrading, demotion or transfer,recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training,including apprenticeship. In addition,the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b)Age- In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332,the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition,the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c)Disabilities-In accordance with section 102 of the Americans with Disabilities Act,
as amended,42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition,the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3)The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA,modified only if necessary
to identify the affected parties.
6. DBE/Prompt Payment Requirements-Purchaser is required by the United States
Department of Transportation(49 C.F.R. Part 26)to establish and enforce terms for
prompt payment by the Consultant to a subcontractor for satisfactory performance of
their contract where Purchaser is paying Consultant for the subcontractor's work.
However,no such payments from Purchaser to Consultant are contemplated by this
Agreement, so this requirement is not applicable.
7. Suspension and Debarment
This contract is a covered transaction for purposes of 49 C.F.R. Part 29. As such,the
contractor is required to verify that none of the contractor, its principals, as defined at 49
C.F.R. 29.995, or affiliates, as defined at 49 C.F.R. 29.905, are excluded or disqualified
as defined at 49 C.F.R. 29.940 and 29.945.
The contractor is required to comply with 49 C.F.R. 29, Subpart C and must include the
requirement to comply with 49 C.F.R.29, Subpart C in any lower tier covered transaction
it enters into.
By signing this Agreement,the contractor certifies as follows:
The certification in this clause is a material representation of fact relied upon by
Tompkins County. If it is later determined that contractor knowingly rendered an
erroneous certification, in addition to remedies available to Tompkins County,the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The contractor agrees to comply with the requirements of
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49 C.F.R. 29, Subpart C throughout the period of the Agreement. The contractor further
agrees to include a provision requiring such compliance in its lower tier covered
transactions.
8. Buy America -The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R.
Part 661, which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, and microcomputer equipment and software. Separate requirements for
rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock
must be assembled in the United States and have a 60 percent domestic content.
9. Remedies - Unless this contract provides otherwise, all claims, counterclaims,
disputes and other matters in question between Tompkins County and the Contractor
arising out of or relating to this agreement or its breach will be decided by arbitration if
the parties mutually agree, or in Tompkins County Supreme Court.
10. Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
By signing this Agreement, Contractor certifies,to the best of his or her knowledge and
belief,that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,or
an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement,the undersigned shall complete and submit Standard Form--LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions [as amended by
"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2)herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65,to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
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contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the
required certification shall be subject to a civil penalty of not less than$10,000 and not
more than$100,000 for each such failure.
The Contractor,TCAT,Inc., certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition,the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
11. Clean Air
(1)The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn,report each violation as required to assure notification to
FTA and the appropriate EPA Regional Office.
(2)The Contractor also agrees to include these requirements in each subcontract
exceeding$100,000 financed in whole or in part with Federal assistance provided by
FTA.
12. Clean Water
(1)The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251
et sed. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will,in turn,report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2)The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
13. Fly America Requirements-The Contractor agrees to comply with 49 U.S.C.
40118 (the "Fly America"Act) in accordance with the General Services Administration's
regulations at 41 C.F.R. Part 301-10, which provide that recipients and subrecipients of
Federal funds and their contractors are required to use U.S. Flag air carriers for U.S.
Government-financed international air travel and transportation of their personal effects
or property, to the extent such service is available, unless travel by foreign air carrier is a
matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a
foreign air carrier was used, an appropriate certification or memorandum adequately
6
explaining why service by a U.S. flag air carrier was not available or why it was
necessary to use a foreign air carrier and shall, in any event,provide a certificate of
compliance with the Fly America requirements. The Contractor agrees to include the
requirements of this section in all subcontracts that may involve international air
transportation.
14. Contract Work Hours and Safety Standards
(1) Overtime requirements-No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages -In the event of any
violation of the clause set forth in paragraph(1) of this section the contractor and any
subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth
in paragraph(1) of this section, in the sum of$10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in
paragraph(1)of this section.
(3)Withholding for unpaid wages and liquidated damages—Tompkins County shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph(2)of this section.
(4) Subcontracts -The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1)through(4)of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1)through (4) of this section.
15. Transit Employee Protective Provisions
(1)The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
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(a) General Transit Employee Protective Requirements- To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out the
transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect
the interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. § 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in the
letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's
project from which Federal assistance is provided to support work on the underlying
contract. The Contractor agrees to carry out that work in compliance with the conditions
stated in that U.S. DOL letter. The requirements of this subsection(1),however, do not
apply to any contract financed with Federal assistance provided by FTA either for
projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. §
5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311.
Alternate provisions for those projects are set forth in subsections (b) and (c)of this
clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.
5310(a)(2) for Elderly Individuals and Individuals with Disabilities- If the contract
involves transit operations financed in whole or in part with Federal assistance authorized
by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or
determines in the future that the employee protective requirements of 49 U.S.C. §
5333(b) are necessary or appropriate for the state and the public body subrecipient for
which work is performed on the underlying contract,the Contractor agrees to carry out
the Project in compliance with the terms and conditions determined by the U.S. Secretary
of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29
C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified
in the U.S. DOL's letter of certification to FTA,the date of which is set forth Grant
Agreement or Cooperative Agreement with the state. The Contractor agrees to perform
transit operations in connection with the underlying contract in compliance with the
conditions stated in that U.S. DOL letter.
(c)Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311,the Contractor
agrees to comply with the terms and conditions of the Special Warranty for the
Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and
Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any
revision thereto.
(2)The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
16. Charter Service Operations -The contractor agrees to comply with 49 U.S.C.
5323(d) and 49 C.F.R. Part 604, which provides that recipients and subrecipients of FTA
8
assistance are prohibited from providing charter service using federally funded equipment
or facilities if there is at least one private charter operator willing and able to provide the
service, except under one of the exceptions at 49 C.F.R. 604.9. Any charter service
provided under one of the exceptions must be "incidental," i.e., it must not interfere with
or detract from the provision of mass transportation.
17. School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 C.F.R. Part 605,
recipients and subrecipients of FTA assistance may not engage in school bus operations
exclusively for the transportation of students and school personnel in competition with
private school bus operators unless qualified under specified exemptions. When
operating exclusive school bus service under an allowable exemption, recipients and
subrecipients may not use federally funded equipment,vehicles, or facilities.
18. Drug and Alcohol Testing-The contractor agrees to establish and implement a
drug and alcohol testing program that complies with 49 C.F.R. Part 655, produce any
documentation necessary to establish its compliance with Part 655, and permit any
authorized representative of the United States Department of Transportation or its
operating administrations,the State Oversight Agency of New York State, or Tompkins
County, to inspect the facilities and records associated with the implementation of the
drug and alcohol testing program as required under 49 C.F.R. Part 655 and review the
testing process. The contractor agrees further to certify annually its compliance with Part
655 and to submit the Management Information System (MIS)reports before March 15
to the Federal Transit Administration, 400 Seventh Street, S.W., Washington, D.C.
20590. To certify compliance the contractor shall use the "Substance Abuse
Certifications" in the "Annual List of Certifications and Assurances for Federal Transit
Administration Grants and Cooperative Agreements," which is published annually in the
Federal Register.
19. Energy Conservation -The contractor agrees to comply with mandatory standards
and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act.
20. Recycled/Recovered Materials—Where applicable,the contractor agrees to comply
with all the requirements of Section 6002 of the Resource Conservation and Recovery
Act(RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the
procurement of the items designated in Subpart B of 40 C.F.R. Part 247.
21. ADA Access - Consultant agrees to comply with the requirements of 49 U.S.C. §
5301(d), which states the Federal policy that elderly persons and persons with disabilities
have the same right as other persons to use mass transportation service and facilities, and
that special efforts shall be made in planning and designing those services and facilities to
implement that policy. The Consultant also agrees to comply with all applicable
requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §
794,which prohibits discrimination on the basis of handicaps, with the Americans with
Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.,which requires
9
s ' •
that accessible facilities and services be made available to persons with disabilities,
including any subsequent amendments to that Act, and with the Architectural Barriers
Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq.,which requires that buildings and
public accommodations be accessible to persons with disabilities, including any
subsequent amendments to that Act. In addition, Consultant agrees to comply with all
applicable requirements of regulations specified in the Master Agreement related to
Access Requirements for Persons with Disabilities, and with any implementing
requirements FTA may issue.
22. INTELLIGENT TRANSPORTATION SYSTEMS -As used in this assurance,the
term Intelligent Transportation Systems (ITS)project is defined to include any project
that in whole or in part finances the acquisition of technologies or systems of
technologies that provide or significantly contribute to the provision of one or more ITS
user services as defined in the"National ITS Architecture."
(1)In accordance with section 5206(e) of TEA-21, 23 U.S.C. 502 note,the Municipal
Corporation, as Applicant, and Carrier assure they will comply with all applicable
requirements of Section V (Regional ITS Architecture) and Section VI (Project
Implementation) of FTA Notice, "FTA National ITS Architecture Policy on Transit
Projects," at 66 Fed. Reg. 1455 et seq., January 8, 2001, and other FTA requirements that
may be issued in connection with any ITS project they undertake financed with Highway
Trust Funds (including funds from the Mass Transit Account)or funds made available for
the Intelligent Transportation Systems Program authorized by TEA-21, title V, subtitle C,
23 U.S.C. 502 note.
(2) With respect to any ITS project financed with Federal assistance derived from a
source other than Highway Trust Funds (including funds from the Mass Transit Account)
or TEA-21,title V, subtitle C, 23 U.S.C. 502 note,the Municipal Corporation, as
Applicant, and Carrier assure that they will use their best efforts to ensure that any ITS
project they undertake will not preclude interface with other intelligent transportation
systems in the Region.
23. Notice of Federal Participation -To the extent required by law, in the
announcement of any third party contract award for goods or services(including
construction services)having an aggregate value of$500,000 or more,the Recipient
agrees to specify the amount of Federal assistance intended to be used to finance that
acquisition and to express that amount of that Federal assistance as a percentage of the
total cost of that third party contract.
24. Incorporation of Federal Transit Administration (FTA)Terms-The preceding
provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The Contractor shall not perform any act, fail to perform
10
, a
any act, or refuse to comply with any requests by Tompkins County which would cause
Tompkins County to be in violation of the FTA terms and conditions.
•
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