HomeMy WebLinkAboutMN-B&A-1998-02-25 BUDGET AND. ADMINISTRATION COMMITTEE
FEBRUARY 25, 1998
7:30 P.M.
COMMON COUNCIL CHAMBERS
AGENDA
Statements from the Public
Amendments to Tonight's Agenda
A. Common Council `
Memorandum of Understanding with Ithaca Downtown
Partnership - Discussion
Managerial Raises Policy - Discussion/Possible Resolution
Trash Tag Rates - Discussion
Approval of November and December Minutes
vacancy Review - Report
Mayor' s Report .(ctW 5-
Council Members' Announcements
B. Finance/Chamberlain
*C Request to Adjust 1997 City Tax Roll - Resolution
*C Request to Adjust 1998 Warrant - Resolution
*C Request to Extend County Tax Warrant - Resolution
*C Request to Amend Fee for Notice of Unpaid Taxes -
Resolution
C. Police Department
Request to Amend Personnel Roster - Discussion/Resolution
- Executive Session
2 . Request for Copier Machine Replacement -
Discussion/Resolution
NOTE; *C = Consent Agenda. If you have questions, or want this
item discussed at B & A, call Jane Marcham, 273-5754.
(OVER)
BUDGET AND ADMINISTRATION COMMITTEE AGENDA FEBRUARY 25, 1998
PAGE 2
D. Fire Department
1. Request Funds for Bunker Clothing - Resolution
E. DPW
1 . Wastewater Revolving Fund Bond Resolution
F. City Clerk
1. Request to Approve Local Law to Amend City Charter
G. Personnel
1. Possible Compensatory Time Policy for Managerial Staff -
Discussion
H. Attorney/Controller
1 . Grievance Item - Update - Executive Session
2 . Eviction Ordinance - Discussion
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July 15, 1997
TO: +Hon. Alan Cohen
Mr. Michael Pinisi
Mr. Jevon Garrett
Ms. Fay Gougakis
FR: George Dentes
RE: Drug-Eviction Ordinance
Herewith a copy of the drug-eviction ordinance that you requested last evening.
Copy
...........................
I Initial Draft: June 23, 1997
2
3 Drug-Eviction Ordinance
4
s Overview
r 6
7 Drug crime often revolves around housing. Those who sell and use drugs need privacy to avoid
8 arrest. They often find it in someone's home. Law-abiding persons who complain about drug
9 crime often illustrate their concerns by pointing to a nearby"crack house."
10
11 One tool against a crack house is eviction. Existing law permits a landlord to evict a tenant if the
r 12 premises are being used for an"illegal trade or manufacture,or other illegal business." That is
13 satisfied by proof of drug activity of an ongoing commercial nature, such as the sale of drugs or
14 the packaging of drugs for sale. It is not satisfied,however,by proof that drugs are merely being
15 used or possessed on the premises.
16
17 A common response to a crack house by law enforcementpersonnel is to obtain a search warrant
18 for the premises. Often,though,when the police enter the premises the persons inside drop or.
19 flush their drags. The police are often left with overwhelming proof that drug possession and use
20 have been taking place on the premises,but with inadequate proof that any particular individual
21 on the premises is criminally liable. Under existing law,the tenant also avoids eviction.
22
23 This proposed drug-eviction ordinance fills the gap in existing landlord-tenant law by
24 authorizing eviction if illegal drugs are being used or possessed on the premises. As with
A
25 existing law,a wide variety of persons may trigger the eviction by serving a written notice on tbi
i. 26 landlord demanding eviction. If the landlord fails to act,the party serving the notice may
27 commence the eviction action. In that event,the court may order the landlord to pay the costs
28 and attorney's fees of the action, as well as a civil penalty of up to 5,000 dollars.
29
30
31 Existing Law
32
33 Currently,evictions are governed by article 7 of the Real Property Actions and Proceedings Law.
34
35 RPAPL 711(5)provides that a tenant may be evicted if the premises"are used or occupied...for
36 any illegal trade or manufacture, or other illegal business." This certainly includes the selling of
37 drugs, or the packaging or processing of drugs for sale,on the premises. See,for example:
38
39 Kings County D A v Freshley, 160 Misc2d 302,608 NYS2d 788 (NYC Civ.Ct. Kings
40 Co. 1993).
41 City of New York v Rodriguez, 140 Misc2d 467,531 NYS2d 192(NYC Civ.Ct. Bronx
42 Co. 1988).
43 2312-2316 RealtyCorp v Font, 140 Misc2d 901, 531 NYS2d 727 (NYC Civ.Ct. Bronx
1
I Co. 1988).
2 District Attorney v Oquendo, 147 Misc2d 125,.53 NYS2d 973 (NYC Civ.Ct.New York
3 Co. 1990).
4 City of New York v Goldman, 78 Misc2d 693, 356 NYS2d 754 (NYC Civ.Ct.New York
s Co. 1974).
` 6 New York County D.A.'s Office v Rodriguez, 141 Misc2d 1050, 536 NYS2d 933 (NYC
14
-f, 7 Civ.Ct.New York Co. 1988).
8
9 There is no clear legal authority,however, for the proposition that the simple use or possession of
10 drugs on the premises is grounds for eviction. Under existing law,any eviction action based on
11 use or possession of drugs is sure to be met with the argument that such activities lack the
12 ongoing commercial required by the statute. See Kellner v Cap ev llini, 135 Misc2d 759, 516
13 NYS2d 827 (NYC Civ.Ct.New York Co. 1986) (upholding eviction upon circumstantial proof
14 that premises were used as a crack house).
15
16 Certain impediments to other kinds of eviction actions are inapplicable to.evictions based on an
17 illegal trade or business. The statutory power to evict is in no.way dependent on the covenants,of
1s lease, and it is not necessary for the landlord to first terminate the term of the lease. Murfy v
19 Relaxation Plus Commodore.Ltd., 83 Misc 2d 838, 373 NYS2d 793 (Sup.Ct. App.Term 1975).
20 Nor does the acceptance of rent by the landlord constitute a waiver of the right to evict, even if it
21 is accepted after knowledge of the illegal activities. Id.; Jackson Terrace Associates v Patterson,
22 159 Misc 2d 637, 611 NYS2d 430 (Sup.Ct. App.Term 1994). Tenants in public housing are not
23 entitled to any special administrative hearing before eviction; they are subject to the same
24 procedures as tenants in privately-owned buildings. Kings County D.A.v Freshley, 160 Misc2d,
25 302, 608 NYS2d 788 (NYC Civ.Ct.Kings Co. 1993). '.
26
27 The illegal use of the premises maybe proven circumstantially. A specific illegal act need be
28 proven. It is sufficient that the facts warrant an inference of the illegal purposes for which the
29 premises are being used. New York CouM D.A.'s Office v Rodrig eez. 141 Misc 2d 1050, 536
30 NYS2d 933 (NYC Civ.Ct.New York Co. 1988).
31
v = 32 Section 715(1)provides that proof the"ill repute"of the premises constitutes"presumptive
i fpY
33 evidence"of the unlawful use of the premises. While this is a helpful provision for those seeking
34 eviction,the reputation testimony will commonly come from neighbors,who may be loath to
35 testify against drug defendants.
36
37 Sections 715(2) and 715(3)provide that two or more convictions of any person or persons,
38 within a period of one year,for any prostitution or gambling offense on the premises also
39 constitutes presumptive evidence of the unlawful use of the premises.
40
41 Tenants may defend an eviction action on the ground that they were unaware of the illegal
42 activity. The party seeking eviction need not prove that the tenant was directly involved in the
43 illegal actions, but must prove that the tenant at least had knowledge of or acquiesced in the
2
t illegal use of the premises. Kings Coun!
.y D.A.'s Office v Freshley, 160 Misc 2d 302, 608
2 NYS2d 788 (NYC Civ.Ct. Kings Co. 1993). This protects parents,for example,who might
3 otherwise be evicted because of the actions of their children. MgIMWe Reahy Assoc. v
4 Ya ca cel, 150 Misc 2d 1044, 579 NYS2d 1044(Sup.Ct.App.Terrn 1991).
6 If grounds for eviction do exist,a wide variety of interested persons may initiate the eviction by
7 serving a written demand for eviction upon the landlord. Under section 715(1),the persons
xM 8 empowered to serve the demand include the District Attorney,the municipality's attorney,or any
9 person who owns or rents premises within 200 feet of the targeted premises. If the landlord does
10 not commence an eviction action within five days,or if the landlord fails to pursue the eviction
11 diligently,the person who served the demand on the landlord may commence the eviction action.
12 In that event,the court may order the landlord to pay the costs and attorney's fees of the action,
13 as well as a civil penalty of up to 5,000 dollars(section 715[4]).
14
15
16 Proposed Ordinance
17
18 The following is a proposed local ordinance that,fills the gap in existing landlord-tenant law by
19 authorizing eviction if illegal drugs are being used or possessed on the premises. The text of the
20 proposed law is bolded. Explanatory-text is in regular type.
21
22 NOTE: Section 1 is patterned after RPAPL 711. It provides 4 new basis for eviction,namely,,
23 the use or possession of illegal drugs in leased premises..It also defines the term"tenant,"using
24 the definition in RPAPL 711.
25
26 §1. A special proceeding to evict a tenant from leased premises maybe maintained upon
27 the ground that the premises,or any part thereof,have been used or occupied for the
28 purpose of using or possessing illegal drugs. For purposes of this section,the term
29 "tenant," in addition to its ordinary meaning,shall include an occupant of one or more
30 rooms in a rooming house or a resident,not including a transient occupant,of one or more
31 rooms in a hotel who has been in possession for thirty consecutive days or longer.
32
33 NOTE: Section 2 simply incorporates the RPAPL's procedural mechanisms for brining an
34 eviction action in court.
35
36 §2. The procedures applicable to summary proceedings to recover possession of real
37 property under State law shall be applicable to any proceeding brought under this law.
38
39 NOTE: Section 3 is lifted directly from RPAPL 715(1). It defines the interested parties who
40 may initiate an eviction proceeding. Those persons may demand that the landlord commence an
41 eviction, and if the landlord fails to act,the party serving the demand may commence the
42 eviction instead. This section also provides that the ill repute of the demised premises constitutes
43 presumptive evidence of the unlawful use of the premises.
3
1 §3. An owner or tenant, including a tenant of one or more rooms of an apartment house,
2 tenement house or multiple dwelling, of any premises within two hundred feet from other
3 demised real property used or occupied in whole or in part for the use or possession of
4 illegal drugs, or any domestic corporation organized for the suppression of vice,subject to
5 or which submits to visitation by the state department of social services and possesses a
6 certificate from such department of such fact and of conformity with regulations of the
7 department, or any duly authorized enforcement agency of the state or of a subdivision
s thereof,under a duty to enforce the provisions of the penal law or of any state or local law,
9 ordinance, code, rule or regulation relating to buildings,may serve personally upon the
10 owner or landlord of the premises so used or occupied,or upon his agent,a written notice
11 requiring the owner or landlord to make an application for the removal of the person so
12 using or occupying the same.If the owner or landlord or his agent does not make such
13 application within five days thereafter; or,having made it,does not in good faith diligently
14 prosecute it,the person,corporation or enforcement agency giving the notice may bring a
15 proceeding under this article for such removal as though the petitioner were the owner or
-16 landlord of the premises,and shall have precedence over any similar proceeding thereafter
17 brought by such owner or landlord or to one theretofore brought by him and not
1s prosecuted diligently and in good faith. Proof of the ill repute of the demised premises or of
19 the inmates thereof or of those resorting thereto shall constitute presumptive evidence of
20 the unlawful use of the demised premises required to be stated in the petition for removal.
21 Both the person in possession of the property and the owner or landlord shall be made
22 respondents in the proceeding.
23
24 NOTE: Section 4 is patterned after RPAPL 715(2)and(3). Those sections provide that
25 convictions for prostitution or gambling offenses constitute presumptive evidence of the illegal t
26 use of the premises, and this section provides that convictions of drug crimes constitute
27 presumptive evidence of the illegal use of the premises.
28
29 §4. Two or more convictions of any person or persons had,within a period of one year,for
30 any of the offenses defined in articles 220 or 221 of the Penal Law arising out of conduct
31 engaged in at the same real property consisting of a dwelling as that term is defined in
32 subdivision four of section four of the multiple dwelling law shall be presumptive evidence
33 of conduct constituting use and occupancy of the premises for the purpose of using and
34 possessing illegal drugs,and of the tenant's knowledge thereof.
35
36 NOTE: Section 5 is patterned after RPAPL 715(4). It provides for sanctions against the party
37 responding to the eviction. Because the landlord is a respondent in the situation where the
38 landlord fails to take action to evict a tenant,the landlord is the one who is likely to incur the
39 financial loss in those cases. The sanctions include payment of reasonable attorneys fees and the
40 costs of the proceeding to the petitioner. The sanctions may also include a civil penalty of up to
41 5,000 dollars.
42
43
4
r-J
t §5. A court granting a petition pursuant to this section may, in addition to any other order
2 provided by law, make an order imposing and requiring the payment by the respondent of
3 a civil penalty not exceeding five thousand dollars to the municipality in which the subject
a premises is located and,the payment of reasonable attorneys fees and the costs of the
5 proceeding to the petitioner. In any such case multiple respondents shall be jointly and .
6 severally liable for any payment so ordered and the amounts of such payments shall
7 constitute a lien upon the subject realty.
8
9
'l0
F
v
5
I Statutory Appendix
2
3
4 New York State's Real Property Actions and Proceedings Law
s
6 NOTE; The following is the full text of sections 711,715,and 721 of New York State's Real
_i 7 Property Actions-and Proceedings Law. These are the existing provisions of State law that bear
8 most directly on the summary eviction of tenants for illegal activities on leased premises. All
9 emphasis is added.
10
11
12
13 § 711. Grounds [for eviction] where landlord-tenant relationship exists
14
15 A tenant shall include an occupant of one or more rooms in a rooming house or a
16 resident,not.including a transient occupant,of one or more rooms in a hotel who has been
17 in possession for thirty consecutive days or longer; he shall not be removed from possession
18 except in a special proceeding.A special-proceeding maybe maintained under.this article
19 upon the following grounds:
20
21 1. The tenant continues in possession of any portion of the premises after the
22 expiration of his term,without the permission of the landlord or, in a case where a new lessee is
23 entitled to.possession,without the permission of the new lessee. Acceptance of rent after
24 commencement of the special proceeding upon this ground shall not terminate such proceeding
25 nor effect any award of possession to the landlord or to the new lessee,as the.case may be.A
26 proceeding seeking to recover possession of real property by reason of the termination of the
27 term fixed in the lease pursuant to a provision contained therein giving the landlord the right to
28 terminate the time fixed for occupancy under such agreement if he deem the tenant objectionable,
29 shall not be maintainable unless the landlord shall by competent evidence establish to the
30 satisfaction of the court that the tenant is objectionable.
31
32 2.The tenant has defaulted in the payment of rent,pursuant to the:agreement
33 under which the premises are held,and a demand of the rent has been made,or at least three
34 days' notice in writing requiring, in the alternative,the payment of the rent,or the possession of
35 the premises,has been served upon him as prescribed in section 735.The landlord may waive his
36 right to proceed upon this ground only by an express consent in writing to permit the tenant to
37 continue in possession,which consent shall be revocable at will, in which event the landlord
38 shall be deemed to have waived his right to summary dispossess for nonpayment of rent accruing'
39 during the time said consent remains.unrevoked. Any person succeeding to the landlord's interest
40 in the premises may proceed under this subdivision for rent due his predecessor in interest if he
41 has a right thereto. Where a tenant dies during the term of the lease and rent due has not been
42 paid and no representative or person has taken possession of the premises and no administrator or
43 executor has been appointed,the proceeding may be commenced after three months from the
6
I date of death of the tenant by joining the surviving spouse or if there is none,then one of the
2 surviving issue or if there is none, then any one of the distributees.
3
4 3. The tenant,in a city defaults in the payment, for sixty days after the same shall
s be payable, of any taxes or assessments levied on the premises which he has agreed in writing to
6 pay pursuant to the agreement under which the premises are held,and a demand for payment has
7 been made, or at least three days'notice in writing,requiring in the alternative the payment
9 thereof and of any interest and penalty thereon,or the possession of the premises,has been
9 served upon him, as prescribed in section 735.An acceptance of any rent shall not be construed
10 as a waiver of the agreement to pay taxes or assessments.
11
12 4. The tenant,under a lease for a term of three years or less,has during the term
13 taken the benefit of an insolvency statute or has been adjudicated a bankrupt.
14
1s 5.The premises,or any part thereof,are used or occupied as a bawdy-house,
16 or house or place of assignation for lewd persons,or for purposes of prostitution, or for any
=f 17 illegal trade or manufacture,or other illegal business.
Is
19 6. The tenant,in a city having a population of one million or more,removes the
20 batteries or otherwise disconnects or makes inoperable an installed smoke or fire detector which
21 the tenant has not requested be moved from its location so as not to interfere with the reasonable
22 use of kitchen facilities provided that the court,upon complaint thereof,has previously issued an
23 order of violation of the provisions heretofore stated and,subsequent to the thirtieth day after-
24
fter24 service of such order upon the tenant, an official inspection report by the appropriate department
25 of housing preservation and development is presented,in writing, indicating non-compliance
26 herewith;provided further,that the tenant shall have the additional ten day period to cure such
27 violation in accordance with the provisions of subdivision four of section seven hundred
28 fifty-three of this chapter.
29
30
31 §715. Grounds and procedure where use or occupancy is illegal
32
_ 33 1.An owner or tenant,including a tenant of one or more rooms of an apartment
34 house,tenement house or multiple dwelling,of any premises within two hundred feet from
35 other demised real property used or occupied in whole or in part as a bawdy-house,or
36 house or place of assignation for lewd persons,or for purposes of prostitution,or for any
37 illegal trade, business or manufacture, or any domestic corporation organized for the
38 suppression of vice,subject to or which submits to visitation by the state department of
39 social services and possesses a certificate from such department of such fact and of
40 conformity with regulations of the department,or any duly authorized enforcement agency
41 of the state or of a subdivision thereof, under a duty to enforce the provisions of the penal
42 law or of any state or local law, ordinance, code,rule or regulation relating to buildings,
43 may serve personally upon the owner or landlord of the premises so used or occupied, or
7
I upon his agent, a written notice requiring the owner or landlord to make an application for
2 the removal of the person so using or occupying the same. If the owner or landlord or his
3 agent does not make such application within five days thereafter; or, having made it,does
4 not in good faith diligently prosecute it, the person,corporation or enforcement agency
s giving the notice may bring a proceeding under this article for such removal as though the
::f=L 6 petitioner were the owner or landlord of the premises,and shall have precedence over any
Yv�6
: 7 similar proceeding thereafter brought by such owner or landlord or to one theretofore
s brought by him and not prosecuted diligently and in good faith.Proof of the ill repute of
s the demised premises or of the inmates thereof or of those resorting thereto shall constitute
10 presumptive evidence of the unlawful use of the demised premises required to be stated in
u the petition for removal.Both the person in possession of the property and the owner or
12 landlord shall be made respondents in the proceeding.
13
14 2. For purposes of this section,two or more convictions of any person or persons had,
15 within a period of one year, for any of the offenses described in section 230.00,230.05,230.20,
_ 16 230.25, 230.30 or 230.40 of the penal law arising out of conduct engaged in at the same real
17 property consisting of a dwelling as that term is defined in subdivision four of section four of the
18 multiple dwelling law shall be presumptive evidence of conduct constituting use of the premises
19 for purposes of prostitution.
20
21 3. For the purposes of this section,two or more convictions of any person or persons had,
22 within a period of one year, for any of the offenses described in section 225.00,225.05,225.10,
23 225.15, 225.20, 225.30,225.32,225.35 or 225.40 of the penal law,arising out of conduct
24 engaged in at the same premises consisting of a dwelling as that term is defined in subdivision
25 four of section four of the multiple dwelling law shall be presumptive evidence of unlawful use
26 of such premises and of the owner's knowledge of the same.
27
28 4. A court granting a petition pursuant to this section may, in addition to any other
29 order provided by law,make an order imposing and requiring the payment by the
30 respondent of a civil penalty not exceeding five thousand dollars to the municipality in
31 which the subject premises is located and$the payment of reasonable attorneys fees and the
32 costs of the proceeding to the petitioner.In any such case multiple respondents shall be
33 jointly and severally liable for any payment so ordered and the amounts of such payments
34 shall constitute a lien upon the subject realty.
35
36 5. For the purposes of a proceeding under this section,an enforcement agency of the state
37 or of a subdivision thereof,which may commence a proceeding under this section,may subpoena
39 witnesses,compel their attendance,examine them under oath before himself or a court and
39 require that any books,records,documents or papers relevant or material to the inquiry be turned
40 over to him for inspection,examination or audit,pursuant to the civil practice law and rules.If a
41 person subpoenaed to attend upon such inquiry fails to obey the command of a subpoena without
42 reasonable cause, or if a person in attendance upon such inquiry shall, without reasonable cause,
43 refuse to be sworn or to be examined or to answer a question or to produce a book or paper,when
8
I ordered to do so by the officer conducting such inquiry,he shall be guilty of a class B
2 misdemeanor.
3
4
5 § 721.Person who may maintain proceeding
6
7 The proceeding may be brought by:
8
9 1. The landlord or lessor.
10
11 2.The reversioner or remainderman next entitled to possession of the property
12 upon the termination of the estate of a life tenant,where a tenant of such life tenant holds over.
13
14 3. The purchaser upon the execution or foreclosure sale,or the purchaser on a tax
1s sale to whom a deed has been executed and delivered or any subsequent grantee,distributee or
16 devisee claiming title through such purchaser.
17
1s 4. The person forcibly put out or kept out.
19
20 5. The person with whom, as owner,the agreement was made,or the owner of the
21 property occupied under an agreement to cultivate the property upon shares or for a share of the
22 crops.
23
24 6. The person lawfully entitled to the possession of property intruded into or
25 squatted upon.
RIPR 26
27 7. The person entitled to possession of the property occupied by a licensee who
28 may be dispossessed.
29
30 8. The person,corporation or law enforcement agency authorized by this article to
31 proceed to remove persons using or occupying premises for illegal purposes.
32
33 9.The receiver of a landlord, purchaser or other person so entitled to apply,when
34 authorized by the court.
35
36 10. The lessee of the premises, entitled to possession.
37
38 11.Not-for-profit corporations, and tenant associations authorized in writing by
39 the commissioner of the department of the city of New York charged with enforcement of the
40 housing maintenance code of such city to manage residential real property owned by such city.
41
42
43
9
i New York State's Multiple Dwelling Law
z
3 § 4. Definitions
4
s Certain words and terms when used in this chapter,unless the contest or subject matter.
6 requires otherwise, are defined as follows:
7
8
9
10 4. A "dwelling" is any building or structure or portion thereof which is occupied in whole
I 1 or in part as the home,residence or sleeping place of one or more human beings.
12
13
I
10
CITY OF ITHACA
N. 108 East Green Street Ithaca, New York 14850-5690
i
i
0 OFFICE OF THE CHAMBERLAIN
RPoRA?EO Telephone: 607/274-6580 Fax: 607/272-7348
I
To: Budget and Administration Committee of Common Counci
From: Debra Parsons, City Chamberlain
Re: Extension of County Tax Warrant
Date: February 9, 1998
The warrant to collect County taxes expires April 1, 1998. I need Council's authorization to sign the
request to extend the warrant to May 31, 1998.
The only fees the City receives for collecting County taxes are the late payment penalties. Therefore,it is
to our benefit to collect these taxes through the end of May.
"An Equal Opportunity Employer with a commitment to workforce diversification." �l
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
= 9
i
yCOti „r`� OFFICE OF THE CHAMBERLAIN
R�RAO Telephone: 607/274-6580 Fats: 607/272-7348
To: Budget and Administration Committee of Common Co
From: Debra Parsons, City Chamberlain
Re: Fee for Notice of Unpaid Taxes
Date: February 9, 1998
New York State Real Property Tax Law provides for notice to be sent to owners of property with unpaid
taxes. It also provides for a fee of up to$2 to be established by the governing body,to cover the expense
of mailing the notice.
Due to some restrictions in previous versions of the software provided by the County for the collection of
County taxes,the City last established a fee of$1. Those restrictions have been corrected. I am
requesting that the fee be increased to$2.
We will send approximately 500 notices in April and again in the fall.
"An Equal Opportunity Employer with a commitment to workforce diversification." ��
CITY OF ITHACA
V= 108 East Green Street Ithaca, New York 14850-5690
Do
yC0~Ytiff,00 OFFICE OF THE CHAMBERLAIN
APoRATEO Telephone: 607/274-6580 Fax: 607/272-7348
to: Budget and Administration Committe
From: Debra Parsons, City Chamberlain
Re: Adjustment to 1998 Warrant
Date: February 2, 1998
A delinquent charge representing the 1997 annual license fee for use of City property associated with
109-111 N. Cayuga Street was added to the 1998 City first installment taxes. We have since been
informed that the Board of Public Works agreed in 1996 to enter into an encroachment agreement with
the owner,James Bilinski. The engineering department should not have assessed the fee. Therefore,Mr.
Bilinski's tax bill should be reduced from$3,169.38 to$2,945.61. A resolution of Council correcting the
tax roll is required.
"An Equal Opportunity Employer with a commitment to workforce diversification." ��!
�goFlT�,gCq CITY OF ITHACA
108 East Green Street Ithaca,New York 14850-5690
OFFICE OF THE CITY ENGINEER
........
A Telephone: 607/274-6530
MEMORANDUM
TO: Debra Parsons, City Chamberlain
FROM: Creig Hebdon, Assistant Civil Engineer Ch N
DATE: January 13, 1998
RE: License Fee - 109-111 North Cayuga Street
I have researched the license fee for 109-111 North Cayuga Street, owned by
Mr. James Bilinski. I .understand that the Board of Public Works granted Mr. Bilinski
the right to change from an annual license fee to an encroachment agreement for this
property on January 10, 1996. ( Copy of resolution enclosed)
Any charges against this property for license fees since that time should be
expunged. I will remove the address from my list and notify Mr. Bilinski of this
memorandum.
If you have any questions or concerns, please call or E-mail me.
cc: James Bilinski
/mh
r,
'An Equal opportunity Empioycr with an Affirmative Action Program' i,f�
r
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
SCO•,.. ,..fr�0� OFFICE OF THE CHAMBERLAIN
A�RAT�O Telephone: 607/274-6580 Fax: 607/272-7348
To: Budget and Administration Co mmitt
From: Debra A. Parsons, City Chamberlain
Re: Adjustment to 1997 City Tax Roll
Date: February 2, 1998
New York State,as part of the Octopus project,acquired property located at 320 S.Meadow Street late in
1996. Property acquired by the state becomes tax exempt upon acquisition as opposed to the subsequent
taxable status date. Therefore,no taxes can be levied upon the state owned part of the parcel for 1997,
even though the assessment roll and tax rolls had been prepared.
The taxes in question total$3,122.78. A resolution of Council is required to correct the roll and reduce
the warrant.
"An Equal Opportunity Employer with a commitment to workforce diversification." �«�
R.
County of Tompkins
New York
Division of Assessment
CERTIFICATE OF APPORTIONMENT
To: R. James Miller-Attorney
From: Elaine Shillington -Real Property Appraiser
Date: October 17, 1996
Subj: Apportionment of City of Ithaca Tax Map#79-2-2
You have requested an apportionment of the assessment on the subject property under
section 932 or 1304 of the Real Property Tax Law which provides in part that---"the collecting officer
shall receive tax on part of a parcel--including an apportionment of the assessment thereof'---.
tt►ti####fit++•*++*lwee•fie++t++t++:++tltow+fet++Rl+Rtl+xwl+r+*+##*##4*##*t#*•#t#kftt,k+#t*##*+#tt#+aft4i*it*+*ft###let+
Assessed value as shown on
the 1996 final assessment roll: Land: $88,700 Improvements: $340,300
Total: $429,000 Land Area: 79 X 113 irreg.
' Parcel A - NYS appropriation &easements
* Parcel B -vacant land retained by Branca
Apportionment: Land Im2rovements Exem tp ion Taxable Percent
NYS-Parcel A 8,700 340,300 349,000 81.35
Branca-Parcel B 80.000 - 0 - 80.000 18.65
Totals: 88,700 340,300 429,000 100.00
NOTE. Apportionment values may not reflect next year's assessment.
c: Budget & Finance
Richard Branca-7215 Jacksonville Rd.. Trumansburg, NY 14886
City Ithaca Clerk
Ithaca City School
R. James Miller-101 N. Tioga St., 1 st Fir, Ithaca, NY 14850
T..mn{rina f nnnty t* n1vlalnn of Astetement 11 rnmrt Hence 1* Ithara.New Vnrk 14850*a tele:607-27415517 ee fax:607-27t5507
01/30/98 FRI 15:04 [TX/RX NO 90361 1 001
s
CITY OF ITHACA
108 East Green Street Ithaca,New York 14850-5690
OFFICE OF PERSONNEL/CIVIL SERVICE
Telephone: 607/274-6539 Fax: 607/272-7348
MEMORANDUM
TO: Budget and Administration Committee
FROM: Valerie Saul, Personnel Administrator &V-L
DATE: February 24, 1998
RE: Compensatory Time Policy For Managers
Budget and Administration Committee Chair Jane Marcham advised me that you will be
discussing whether to institute a formal compensatory time policy for managerial staff. The
core issues of this discussion will be whether you want to recognize or establish a standard
workweek for managers and, if so, whether you want to formally recognize time worked in
excess of this standard. If the answer to these questions is no, the policy is easily stated -
managers are expected to work whatever hours are necessary to successfully fulfill their
responsibilities. If, however, the answer to these questions is yes, there are a number of policy
elements you will need to consider. An outline of these elements is attached.
"An Equal Opportunity Employer with a commitment to workforce diversification." ��
a
Compensatory Time Policy for Managers
• Defining a standard workweek
Examples: 35 hours, 40 hours, etc.
• For what hours may "compensatory time" be accrued?
Examples: any time worked in excess of the standard workweek
only required extra time (i.e. night meetings)
office work only, or work at home too
• How is compensatory time accrual to be monitored?
Examples: honor system
formal recordkeeping system
approval by Mayor or department head
• At what rate is compensatory time to be accrued?
Examples: straight time
half time
quarter time
• In what increments may compensatory time be taken?
Examples: increments of less than a day
full day increments
multiple day increments
• What formal approvals are required to accrue and/or use compensatory time?
• Is compensatory time to be compensated at the time of separation from service?
• How should we integrate existing compensatoryr time balances that some managerial staff
carry? What about the staff who haven't monitored or recorded their work hours?
.............
CITY OF ITHACA
108 East Green Street Ithaca,New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Mariette Geldenhuys,City Attorney Telephone: 607/274-6504
Patricia M.Kennedy,Assistant City Attorney Fax: 607/274-6507
MEMORANDUM
FROM: Pat Kennedy, Assistant City Attorne
TO: Dominick Cafferillo, Controller
Rick Basile, Police Chief
DATE: February 25, 1998
RE: Budget & Admin. Meeting
-----------------------------------------------------------------
Please find enclosed herewith a copy of the Memorandum of
Understanding regarding IPD K-9 Unit handler grooming time, for
tonight' s B & A meeting.
PMK/kms
Encl .
'An Equal Opportunity Employer with an Affirmative Action Program'
City of Ithaca——Police Department Copier Request--2/20/98--IPDCOPIE.WK3
1998 Police Department Budget:
A3120-5435 $3,250 Xerox service
$560 Cannon service
810
Police Department current copier machines:
Year Type Model Location Condition Maintenance cost
1992 Cannon 3050 Records Good $412
1993 Cannon 1020 Chief's Office Good $173
1987 Xerox 1025 Dispatch Poor $1,487
1987 Xerox 1038 Investigation Fair $1,685
Police Department Request:
The Department is looking to the following:
—Replace the Xerox machines due to high maintenance costs,fair to poor condition and unavilability of parts
—Relocate the machine in Records due to need for larger machine
—Relocate the machine in the Chief's Office due to need for larger machine
Machines looked at:
Looking at a State contract Toshiba Machine 3550 cost:
$3,031 Basic machine
$785 ADF
$84 Stand
$1,496 20 bin staple sorter
Current Cost$5,396 With 36 month lease at 0%$149.89/month or 5396 qt-14
$1798.68 year (!565 $840—$1,000 Annual Maintenace
Also looking at a Toshiba Machine 1550 cost:
$1,921 Basic machine
$757 ADF
$611 10 bin sorter
$3,289
$252 Annual Maintenace
includes supplies
Recommendations:
Drop maintenace on both Xerox copiers(Annual) $3,250
Lease Toshiba 3550(Annual) ($1,799)
maintenace on Toshiba 3550(Annual) ($11000)
Purchase Toshiba 1550(one—time) (PAN)
maintenace on Toshiba 1550(Annual) -1?"r
Funds needed(One—time) M,
Replace Cannon 3050 with Toshiba 3550, replace Cannon 1020 with Toshiba 1550 141 7*
Move Cannon 3050 to Investigations and move the xerox 1038 or Cannon 1020 to Dispatch
Savings$200—$400 a year
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CITY OF ITHACA
z
310 West Green Street Ithaca, New York 14850-5497
c�APoRA1o�� OFFICE OF THE FIRE CHIEF
Telephone: 607/272-1234 Fax: 607/272-2793
MEMORANDUM
To: Dominick Cafferillo, City Controller
From: Brian H. Wilbur, Fire Chief W Co
Re: B &A Agenda Request: Bunker Clothing
Date: 17 FEB 98
As much as this community relies on bunker fire fighters, we have been unsuccessful in
meeting some of the basic needs of this group which provides us committed duty time.
Specifically, we have been unable to fund basic fatigue or duty uniforms for our student
bunkers.
Our attempts to provide funding have been through requests in annual operating budget
submittals and requests to the Board of Fire Commissioners. The operating budgets have not
provided funding, and the Board's attempts at soliciting funds from the volunteer companies
have not borne fruit.
To be accurate, other than a minimal issue of fatigue items (T-shirt, shorts) worn during
bunker basic training, and a single item (e.g. duty shirt) made available annually by some
volunteer companies, there has been no funding made available for uniforms for student
bunkers.
The items we believe are the minimum necessary are shown in the following table. Costs are
1997 prices.
Item Quantity Cost Total Remarks
Class A shirt, LS 1 $27.00 $27.00
Class A shirt, SS 1 $24.00 $24.00
Fatigue shirt 5 $ 7.40 $37.00
Duty pants 2 $27.50 $55.00
Duty shorts 1 $13.85 $13.85
Duty jacket 1 $43.00 $43.00
Total $200.00
"An Equal Opportunity Employer with a commitment to workforce diversification." co
ti
The following resolution articulates the reasoning behind this request, and the request itself.
WHEREAS, student bunker fire fighters are a longstanding and integral component of the Ithaca
Fire Department staffing complement; and,
WHEREAS, student bunkers are required to perform standby duty on a scheduled basis, and
during those periods of standby duty they respond to emergency calls, and participate in
training and other duties, and as such are representatives of the City; and,
WHEREAS, team development and team work is enhanced with uniformity of appearance; and
WHEREAS, emergency personnel must be clearly recognizable, both for effective communication
and to allow immediate public acceptance; and,
WHEREAS, due to the nature of the work, the clothing worn by emergency personnel is exposed
to blood borne pathogens, soot, and other damage;and,
WHEREAS, student bunkers have been issued fatigue wear for training and duty use, but in
insufficient quantities and variety to meet duty schedule needs; and,
WHEREAS, replacement or additional clothing items have not been available, so student bunkers
revert to wearing personal clothing or worn-out issue items; now, therefore be it
RESOLVED, the Common Council authorizes a fund transfer from contingency for the purpose of .
providing a basic issue of uniforms to current student bunkers the amount of $200.00 per
bunker, for 24 bunkers, for a total of $4,800.00.
cc: Deputy Chief J. Thomas Dorman
Vol. Coord. Marcia Lynch
Board of Fire Commissioners
CITY OF ITHACA
V~� ��'•� 108 East Green Street Ithaca, New York 14850
OFFICE OF THE CITY CLERK
Telephone: 607/274-6570
M E M O R A N D U M
To: Budget & Administration Committee
From: Julie Conley Holcomb
Subj : Deputy City Clerk Appointment
Date: February 19, 1998
Please note the attached proposed Local Law which would
amend the City Charter as it relates to the appointment of
the Deputy City Clerk. I am requesting that you consider
amending the Charter to allow the appropriate Department
Heads to make the appointment, discipline, and remove from
office the Deputy City Clerk, Deputy City Chamberlain, and
Deputy City Controller, instead of the Mayor. Actually, I
am only asking you to consider the Deputy City Clerk
position, but it does not make sense to change one, and not
the other two.
The three above mentioned deputies are the only deputies
that are not appointed by their department heads . I can
only speculate about why this was done originally, but it
is my guess that it is related to the fact that originally,
these three positions were designated as public officers
while the other deputies and assistants were not . The
Charter was amended last year to designate all deputies and
assistants as public officers, so that differentiation no
longer exists . Also in 1997, legislation was passed which
separated the former Finance Department, creating the
Department of the City Clerk, naming the City Clerk as the
Department Head, and also naming the City Controller and
City Chamberlain Co-Department Heads of the Finance
Department, with each being the head of each office.
According to the Charter, these three positions are
appointed and removed in the same manner as their
superiors, which means they qualify for the search process
explained in Chapter 90 of the City Code. The department
"An Equal Opportunity Employer with a commitment to workforce diversification." �«�
head is a voting member of the search committee for these
positions, but realistically is just one vote on a
committee of approximately 6-8 people. The top three
candidates are forwarded to the Mayor, and the Mayor makes
the appointment to the position. After the appropriate
probationary period is complete, the Mayor completes and
signs a probationary report, which gives the employee
permanent employment status. These three deputies are also
G the only deputies and assistants which are included with
the department heads in Section 26 . 1 of the City Charter
which relates to discipline and removal of selected
officers .
I have been through this process in 1995 and can testify
that it does not work. I was a member of the last search
committee for the Deputy City Clerk. I was unhappy with the
selection of the committee, and I voiced my displeasure on
several occasions . I was pressured as a new "Division"
Head to believe that if I did not go along with the
committee' s and the Mayor' s selection, that I was not a
"team player" , and that I was being unreasonable for not
"trying" this out . I experienced numerous personnel
problems and when I reported them, I was told that my
concerns were petty, and that I was to blame for the
problems as I was the supervisor. As his last official
action in office, the former Mayor signed a probationary
report, without requesting any job performance information
from me, and the employee obtained permanent employment
status .
Although I believe that there is a silver lining within
every cloud, and I certainly learned a lot from that
experience, I am not prepared to re-live it. I believe
that the Deputy City Clerk position has always been
considered an entry level position, but since the Clerk' s
Office lost a position in 1990, and has accepted more
responsibilities and duties, it should no longer be
considered as entry level . The person that fills this job,
should have some type of background, or strong
understanding of, government, records management, office
procedures, computer systems, and customer service. I feel
that I am the most qualified person to determine which
person has the appropriate background, and would help the
City Clerk' s office pursue and meet its goals and mission.
The only Charter change I am requesting is that after the
search, the department head makes the appointment, with the
approval of Common Council, and that the department head
has the ability to discipline and remove from office, as
the rest of the departments heads are able to do.
As I am aware that this Charter amendment will require a
mandatory referendum, I am further requesting that you
authorize the appointment of Susan Stickel as Acting Deputy
City Clerk with an 8% increase in salary until a permanent
appointment is made, as well as allow me to hire temporary
help. These positions shall be funded through Account
1316-5105 .
Thank you for your consideration, I would be happy to
discuss this further with you at your request.
a
LOCAL LAW # - 1998
Be it enacted by the Common Council of the City of Ithaca
as follows:
Section 1. Section C-22B Entitled "Assistants and
deputies- of the Ithaca City Charter is hereby amended as
follows:
Section C-22. Assistants and deputies. [Amended 6-4-1980
by L.L. No. 1-1980; 7-10-1985 by L.L. No. 1-1985;
12-7-1987 by L.L. No. . 8-1987]
A. The Common Council may create, establish or abolish
the offices of Deputy City Controller, Deputy City
Chamberlain, Deputy City Clerk, Deputy Building
Commissioner, Deputy Director of Planning and
Development, Deputy Fire Chief, Assistant Superintendent
of Public Works and Assistant City Attorney. The
Assistant City Attorney must be a resident of Tompkins
County, New York. It is not necessary that the Assistant
City Attorney be a resident of the City of Ithaca. Such
officers shall generally assist their superiors in the
execution of their powers and duties and may perform such
part or portion of such duties as designated by such
superiors and, in the absence, inability or temporary
vacancy of their respective superiors, shall act as such
and, when. so acting, shall have all the powers of such
office. [Amended 2-22-1991 by L.L. No. 1-1991]
[B. The Deputy City Controller, the Deputy City
Chamberlain and the Deputy City Clerk shall be appointed
and removed in the same manner as their superiors, unless
otherwise controlled by contract or the New York State
Civil Service Law. ]
Section 2. Section 26 .1A Entitled "Discipline and
removal of selected officers" of the Ithaca City Charter
is hereby amended as follows:
Section 26.1 Discipline and removal of selected officers.
A. Application of this section.
(1) The following city officers are subject to the
discipline and removal procedures found in this section:
(a) Building Commissioner
(b) City Chamberlain
(c) City Clerk
(d) City Controller
(e) Personnel Administrator
(f) Assistant City Attorney
[ (g)Deputy City Chamberlain
(h)Deputy City Clerk
(i)Deputy City Controller]
Section 3 . This Local Law shall be submitted to a
referendum at the next general election.
Section 4 . This Local Law shall take effect after it is
approved by the electorate at the next general election
and is subsequently filed in the Office of the Secretary
of State.
A Local Law Amending Section 146-7.C.(2) of Chanter 146 entitled "Permit Fees"
LOCAL LAW No. Of the Year 1998
City of Ithaca
A Local Law To Amend The Fees Collected By The Building Department For
Building Permits.
Be it enacted by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent. This Local Law is intended to amend the fees charged by
the Building Department for Building Permits.
Section 2. The City of Ithaca Municipal Code , 146-7.C.(2)of Chapter 146 entitled
"Permit Fees"; is hereby amended as follows:
(2) Permit fees.
(a) Permit fees shall be paid before permit review can commence according to the
following schedule:
Permit Type Fee
Building Permit
Where the total valuation of the work is: $10.00
$2,000. or less
Building P ermit $6.00 for each $1,000.00 or fraction thereof
Where the total valuation of the work is: [to and including $25,000.001
Above $2000 [From$2,001. to $25,000.1
00
[Over$25,0001 [$150.00 for the first$25,000.00 plus $,1.00
for each additional $1,000.00 or fraction
thereof]
Section 2. This law shall take effect immediately upon filing with the office of the
Secretary of State.
AGREEMENT BETWEEN THE CITY OF ITHACA AND
THE ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT,INC.
This agreement is entered into this day of , 1998,by and between
the CITY OF ITHACA (hereafter referred to as "the City") and the ITHACA DOWNTOWN
BUSINESS IMPROVEMENT DISTRICT, INC. ("IDBID"), doing business as the ITHACA
DOWNTOWN PARTNERSHIP.
WHEREAS, IDBID is the District Management Association of the Ithaca Downtown
Business Improvement District, as defined by Chapter 149, Section 2 of the Ithaca City Code; and
WHEREAS,the City owns property within the boundaries of the Ithaca Downtown Business
Improvement District, which is not subject to the special assessment levied on owners of taxable
property located within the district; and
WHEREAS, IDBID performs valuable services within the Ithaca Downtown Business
Improvement District;
NOW,THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. The City of Ithaca shall make a payment in the sum of$20,000.00 in calendar year 1998.
This payment is intended to be the City's annual contribution toward the cost of services
provided by IDBID, made in lieu of the special assessment that is paid by all owners of
taxable property located within the Business Improvement District. Payments shall be due
and payable to IDBID at the same time and in the same manner as the District assessments
are due and collected by the City's Department of Finance and paid to IDBID.
2. In consideration of payment of this sum by the City, IDBID shall provide the following
f:rngkontract\bid.ass Draft 4 2/25/1998 1
services during 1998:
• Develop, implement and promote an annual special events and promotional calendar,
promoting events including but not limited to Spring Craft Fair, Apple Harvest Craft Fair,
Holiday Traditions and Sidewalk Sale Days. The marketing plan for these events will
include local and regional advertising. "Regional" is defined as the area outside of the
listening area of the radio stations located in Tompkins and Cortland Counties.
• Develop and implement an ongoing local and regional image marketing campaign designed
to promote the unique qualities of the District as a place to live, work, do business, attend
events, and purchase goods and services. The campaign will use traditional methods
including but not limited to radio,television, newspaper and billboard advertising, and non-
traditional methods including but not limited to brochures and maps.
• Establish, maintain and promote programs that offer access to technical and financial
assistance to businesses within the District. These programs might involve coordination of
resources provided by other entities, including but not limited to the City's Department of
Planning and Development, Ithaca Urban Renewal Agency, Tompkins County Area
Development, and the Tompkins County Chamber of Commerce.
• Establish a database of all retail office and other commercial spaces within the District. The
database will be developed in coordination with the City's Department of Planning and
Development.
• Develop a marketing package that identifies the District's trading area, market
characteristics, and other attributes for use in contacting prospective businesses.
• Regularly market the District to local, regional and national retailers, service providers and
fAmg\contract\bid.ass Draft 4 2/25/1998 2
commercial businesses.
2. In the event of a dispute between the City and IDBID with regard to compliance with, or
interpretation of,the provisions of this Agreement,the parties shall make reasonable efforts
to resolve the dispute by mutual agreement. The matter shall be referred to a subcommittee
composed of the Mayor, the Chair of the Budget and Administration Committee and the
appropriate Department Head to act on behalf of the City of Ithaca and will be subject to the
approval of Common Council. If the parties are unable to reach a resolution by mutual
agreement, both parties consent to refer the matter to mediation by a mutually acceptable
mediator. If mediation does not resolve the disagreement, both parties consent to submit the
matter to binding arbitration in accordance with rules of the American Arbitration
Association.
IN WITNESS WHEREOF, the parties have executed this agreement on the date first above
written.
THE CITY OF ITHACA
By:
ALAN J. COHEN,MAYOR
ITHACA DOWNTOWN BUSINESS DISTRICT
By:
f:\mg\contract\bid.ass Draft 4 2/25/1998 3
BASE LEVEL SERVICES MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ITHACA AND THE
ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT,INC.
This Base Level Services Memorandum of Understanding, dated December 3,1997, is by and
between the City of Ithaca(City) and the Ithaca Downtown Business Improvement District, Inc.
(IDBID).
RECITALS
A. The 1989 Legislature of the State of New York enacted Chapter 282 of the Laws of 1989
which established Article 19-A of the General Municipal Law which authorizes the
creation of business improvement districts.
B. The City of Ithaca Common Council adopted Local Law No. 1-1993 on April 7, 1993,
making provisions of Article 19-A of the General Municipal Law regarding business
improvements districts applicable to the City of Ithaca(reference Chapter 149, Section 1
of the Ithaca Code).
C. The City of Ithaca Common Council adopted Local Law No. 6-1996 on September 10,
1996, establishing the Ithaca Downtown Business Improvement District ("District")
(reference Chapter 149, Sections 2-5 of the Ithaca Code). Section 149-3 of the Ithaca
Code requires that services provided by the District be in addition to, and not a
substitution for, municipal services provided by the City of Ithaca.
The City of Ithaca and the Ithaca Downtown Business Improvement District, Inc., intending to
legally bound hereby and in consideration of the services to be provided by the Ithaca Downtown
Business Improvement District, Inc. Pursuant to Article 19-A of the General Municipal Law and
the Ithaca Downtown Business Improvement Plan dated July 1, 1996, do hereby agree as follows:
ARTICLE I
DEFINITIONS
1.01. Definitions. Certain terms are defined int he heading and recitals hereto. In addition to
those definitions, as used in this Agreement, the following definitions shall apply:
"Agreement" means this Base Level Services Memorandum of Understanding between
the DMA and the City, and any other agreement amendatory hereof or supplemental
hereto.
"Ithaca" shall mean the area within the geographic boundaries of the City of Ithaca.
"District" shall mean the area within the geographic boundaries of the Ithaca Downtown
Q:\ATTORNEY\MG\CONTRACT\BASELEVE-MEM 1
Business Improvement District as defined by Chapter 149, Section 2 of the Ithaca Code.
IDBID shall mean Ithaca Downtown Business Improvement District, Inc., a private not-
for-profit corporation organized under the laws of the State of New York, which is the
District Management Association for the Business Improvement District.
"The Ithaca Commons" or"Commons" shall mean the area defined in the City Charter
Chapter A352 (Article I, Section A352-1) the administration and operation of which is
governed by the Commons Advisory board pursuant to Chapter 352.
"Basic Services"refers to those services provided and maintained by the City, directly or
by contract with the IDBID or other entities, within the District, including but not limited
to:
Safety
• Provide Law enforcement, police services and officer patrols
• Assign at least one full-time neighborhood policing officer
Cleanliness & Operations
• Clean, maintain and repair public streets, fixtures and areas including, but not limited to,
the Ithaca Commons and DeWitt Park
• Collect and remove trash
• Collect and remove recyclables from public receptacles at least once weekly
• Maintain landscaping of public areas including tree-trimming, plantings, and watering
• Provide electrical service to public fixtures, holiday lights, and special events listed in the
agreement for performance of basic services between the City and IDBID dated
• Coordinate delivery of basic services during special events with adjustments to work
schedules or assignments (e.g. trash removal during Apple Harvest Festival, checking
electrical systems for the Summer Concert Series, installing and powering holiday
lighting on trees)
• Respond to complaints regarding downtown maintenance and public services
Parkin
• Operate and maintain municipal parking garages, lots and metered spaces
• Maintain free parking policy at all municipal garages, lots and metered spaces weekdays
from 6:00 p.m. to 2:00 a.m., weekends from 6:00 p.m. Friday to 2:00 a.m. Monday, and
City holidays (when City Hall is closed) through December 31, 2002.
• Continue administration of discounted parking program in which the IDBID, as the sole
agent for the City, can purchase and re-sell passes valid for 1-hour free parking through
December 31, 2002. It is agreed that the IDBID cost per pass will not exceed 62.5% of
the established hourly parking rate at district garages.
Q:\ATTORNEY\MG\CONTRACT\BASELEVE.MEM 2
Public Improvements
• Make capital improvements to public streets and facilities, electrical services, and other
areas as necessary
• Prepare capital projects requests for Commons and peripheral streets
General Promotion
• Install special event signage, banners and lighting on public fixtures (e.g. clock tower
kiosks, light poles, trees)
• Maintain a database of commercial tenants located on The Ithaca Commons
• Post maps and tenant directories for the Commons in the clock tower kiosks
• Plan, promote and staff special events such as Apple Harvest Festival, Art Walk, Summer
Concert Series and Holiday Traditions
• Provide use of the Ithaca Commons at no cost for the above-named special events or
others to be agreed upon by the City and IDBID
• Welcome special guests to the District as appropriate and reasonable
• Provide and distribute information to businesses and visitors and otherwise respond to
inquiries about downtown
Other
• Provide staff support to the Commons Advisory Board, including design review services
• process and issue Commons Use Permits
• Provide staff support to the Advisory Commission on Art and Design for Public Space
The City and IDBID agree that Basic Services listed in this Agreement, and those listed in
the City Annual Base Level of Services Report, are intended to identify only certain
selected services. The parties recognize that many other City services are expected to
continue undiminished, including, but not limited to, emergency fire services, capital
improvement projects, planning and economic development services, building inspection
services, and water and sewer services.
1.02. Exhibits. The exhibits to this agreement are as follows"
Exhibit A Map of the District
Exhibit B City Annual Base Level Services Report
ARTICLE II
BASE LEVEL SERVICES
Q:\ATTORNEY\MG\CONTRACTNBASELEVE.MEM 3
2.01. City Services.
(a) The City has provided copies to the IDBID of the Annual Base Level of Services
Report describing the level of service hours provided by various departments of
the City to theDistrict in 1997, a copy of which is attached as Exhibit B.
(b) The City shall, in the absence of the circumstances described elsewhere in this
Article II,provide Basic Services of the kind and in the quantities described in the
Annual Base Level of Services Report.
(c) In order to monitor the Base Level of Services, theCity, upon request by the
IDBID, agrees to collect from the applicable departments the City projected
service hours information fo rthe coming fiscal year in a form comparable to the
1997 Base Level of Services Report. This request shall be made to the Mayor five
months in advance of theCity's fiscal year. The Mayor will deliver projected
services hours information to the IDBID when he/she submits a proposed budget
to Common council. The IDBID will have the opportunity to address Council
and/or its committees regarding projected service hours information. Final Base
Level of Services Report shall be submitted within three weeks after the approval
of a final budget by the City Council.
2.02. Compliance with Base Level Services.
(a) In the absence of extenuating circumstances and subject to the factors described
elsewhere in this Article II, the City agrees to provide the Base Level of Services
for each of the Basic Services.
(b) The Base Level of Servicves assumes an average level of demand and activity,
and the parties recognize that Basic Services provided on any particular dayor
period may vary based on special events, such as festivals, sports events, parade or
conventions, or weather conditions, such as snow storms or electrical storms.
However, the expectation is that on the substantial majority of days in any year,
the Citywill perform each of theBasic Services at no less than the Base Level of
Service.
(c) The Base Level of Services may be adjusted to reflect new methodologies and
policies, such as the institution of more frequent poolice foot pratrols, other forms
of community-based police enforcement, or automation of the parking control
system, provided that the basic thrust and intent of the Local Law is maintained in
any adjustment.
2.03. Modifications.
(a) As provided in the Local Law, the following principles shall apply with regard to
Q:\ATTORNEY\MG\CONTRACT\BASELEVE.MEM 4
the provision, suspension, diminishment or increase of Basic Services to the
District"
(i) No decrease in Basic Services shall occur within the District unless there
is a decrease in services throughout theCity necessitated by changes in
funding, policy or resources, and then only in proportion to the decreases
implemented throughout the City.
(ii) Any increase in Basic Services generally throughout the City shall be
matched iwth increases in similar services within the District, in
proportion to the increases implemented throughout the City.
(b) The City's obligations under clause (a) above are not intended to override or
diminish the City's obligations generally to the people of the City of Ithaca.
2.04. Extenuating Circumstances.
(a) Consistent with Local Law, theCity shall not be obligated to maintain Basic
Services at the levels required in the Base Level ofServices Report if such levels
of service are affected by the circumstances described in Section 2.03. In
addition, theCity's agreements hereon shall not be deemed to override any
consitutional obligations of the City, or rights and obligations established by
federal or state law or under order of courts of law.
(b) In the event of an emergency, as declared by the Mayor of the City or the
Governor of the State of New York, Basic Services may be temporarily
discontinued in all or part of the District, notwithstanding the continuation of
services elsewhere in Ithaca. The parties acknowledge that such circumstances
are likely to be highly unusual and temporary in nature.
2.05. Future Agreements. The parties acknowledge that the city and the IDBID may enter into
future agreements by which the IDBID performs certain Basic Services.
2.06. Termination. Should the IDBID or the District be dissolved, this Agreement shall be
considered null and void.
ARTICLE III
BILLING AND COLLECTION
3.01. Billing. As provided in the Local Law, theCity, through the Department of Finance, will
provide all necessary billing services for the District, including the identification and
maintenance of a register for all properties within the District, the preparation and mailing
of bills for the Special Assessment (as provided for in the Local Law) and the inclusion of
the District's reports and summaries in any materials included with the simi-annual
Q:\ATTORNEY\MG\CONTRAC'I'\BASELEVE.MEM 5
billing of the special assessment.
3.02. Collection and Enforcement. As provided in the Local Law, theCity, through the
Department of Finance, will collect the District assessment and transmit assessment
revenue pursuant to Section 980-L of Article 19-A of General Municipal Law.
3.03. Other Revenue Collection. The City agrees to receive and transmit other types of revenue
on behalf of the IDBID upon request (e.g. annual payments to the IDBID in lieu of
assessment by Tompkins County).
ARTICLE IV
DISPUTE RESOLUTION
In the event of a dispute between the City and IDBID with regard to compliance with, or
interpretation of, the provisions of this Memorandum of Understanding, the parties shall make
reasonable efforts to resolve the dispute by mutual agreement. The matter shall be referred a
subcommittee composed of the Mayor, the Chair of the Budget and Administration Committee
and the appropriate Department Head to act on behalf of the City of Ithaca and will be subject to
approval of Common Council. If the parties are unable to reach a resolution by mutual
agreement, both parties consent to refer the matter to mediation by a mutually acceptable
mediator. If mediation does not resolve the disagreement, both parties consent to submit the
matter to binding arbitration in accordance with the rules of the American Arbitration
Association.
In Witness Whereof, the parties hereto have caused this Memorandum of Understanding to be
duly executed, sealed and delivered as of the day and year above.
The City of Ithaca
By:
Alan J. Cohen,Mayor
Ithaca Downtown Business Improvement District, Incl.
By:
Mack Travis, President
Q:\ATTORNEY\MG\CONTRACT\BASELEVE.MEM 6
EXHIBIT B - 1997 CITY ANNUAL BASE LEVEL SERVICES REPORT
Hours of Service
POLICE DEPARTMENT
Patrol Officer-Walking Beat 8,760
Neighborhood Police Officer-NB#12 1,808
Patrol Officer-Patrol Car 771
Subtotal 11,339
DEPARTMENT OF PUBLIC WORKS
Trash Removal
Removal of Trash & Recyclables from Public Containers 70
Trash Pickups 624
Subtotal Trash 694
Maintenance of Commons/Green Space
Commons -Primary, Secondary, Garages 4,922
Tree/Landscape Maintenance 80
Street Furniture 24
DeWitt Park Maintenance 112
Subtotal Maintenance of Open/Green Space 5,138
Parking System - Operations/Maintenance
Green Street Garage 614
Seneca Street Garage 2,543
Parking Lot "D" (Woolworth Lot) 2,453
Subtotal Parking System 5,520
Street Repair
Winter Pothole Patch 36
Milling/Street Patching 48
Curb/Gutter Repair 120
Street Paving 128
Strom Sewer Cleaning/Maintenance 240
Storm Sewer Repair 72
Snow Removal/De-Icing 224
Subtotal Street Repair 868
Special Events
Christman Lighting 200
Parades 24
Subtotal Special Events 224
PLANNING DEPARTMENT & CITY CLERK
Process and Issue Commons Use Permits 104
Respond to Public Regarding CBD Maintenance & Services 52
Staff Support for CAB and A&DPS, Design Review (72,12,18) 102
Subtotal Planning & Clerk 258
Q:\ATi'ORNEY\MG\CONTRACT\BASELEVE.MEM 7
AGREEMENT BETWEEN THE CITY OF ITHACA AND
THE ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT,INC
FOR PERFORMANCE OF BASIC SERVICES
This agreement is entered into this day of , 1998, by and between
the CITY OF ITHACA (hereafter referred to as "the City") and the ITHACA DOWNTOWN
BUSINESS IMPROVEMENT DISTRICT, INC. ("IDBID"), doing business as the ITHACA
DOWNTOWN PARTNERSHIP.
WHEREAS, the City is obligated to provide certain basic services in the Ithaca Downtown
Business Improvement District created pursuant to Chapter 149 of the Ithaca City Code pursuant to
a Base Level Services Memorandum of Understanding between the City and IDBID dated
(hereafter referred to as the MOU); and
WHEREAS,the MOU provides that the City may provide the services directly or by contract
with IDBID or other entities; and
WHEREAS, IDBID has agreed to provide certain basic services on behalf of the City as an
independent contractor;
NOW, in consideration of the covenants, conditions and provisions contained herein, the
parties agree as follows:
1. IDBID shall perform the following basic services in a manner and at such time or times as
is satisfactory to the City of Ithaca:
a. In consideration of the compensation described below, IDBID hereby agrees to
perform the following Basic Services as outlined in the Base Level Services
Memorandum of Understanding(MOU) that exists between the City and IDBID.
• Upgrade and maintain an existing database of Commons commercial tenants
fAmg\contract\bid.cbs Draft 3 2/25/1998 1
• Plan,promote and staff special events including but not limited to Apple Harvest Festival,
Art Walk, Summer concert Series, Holiday Traditions,
• Post maps and tenant directories for the District in the clock tower kiosks
• Provide and distribute information to businesses and visitors and otherwise respond to
inquiries about downtown businesses, activities and events
The City recognizes that IDBID performed many of the above-listed Basic Services
in good faith throughout the current calendar year and therefore agrees to make a one-time
payment of $6,167 to IDBID for services rendered in 1997. The payment is intended to
compensate IDBID for the period of September 1, 1997, through December 31, 1997.
b. In consideration of the compensation described below,the partnership hereby
agrees to perform the following Basic Services as outlined in the Base Level
Services Memorandum of Understanding(MOU)that exists between the City
and IDBID.
• Upgrade and maintain an existing database of Commons commercial tenants.
• Plan,promote and staff special events including but not limited to Apple Harvest Festival,
Art Walk, Summer Concert Series, Holiday Traditions,
• Post maps and tenant directories for the District in the clock tower kiosks.
• Provide and distribute information to businesses and visitors and otherwise respond to
inquiries about downtown businesses, activities and events.
The City agrees to make a 1998 payment of $18,500 to IDBID in exchange for
performing the Basic Services itemized in paragraph l.b. Payments shall be due and payable
to IDBID at the same time and in the same manner as the district assessments are due and
fArng\contract\bid.cbs Draft 3 2/25/1998 2
collected by the City's Department of Finance and paid to IDBID.
2. The relationship of IDBID to the City is that of an independent contractor. IDBID and its
employees shall receive no fringe benefits from the city, including, but not limited to,
medical insurance, retirement benefits, workers' compensation, disability, unemployment
insurance or any other benefits or remuneration other than that set forth in paragraph 2 above.
3. The City will be the point of contact for and process complaints about the delivery of any
basic services as described in the MOU. When complaints involve services the City has
contracted IDBID to perform, the City will inform IDBID of such complaints.
4. IDBID shall defend, indemnify and hold the city harmless from any claims against the City
arising from the negligence or intentional acts of IDBID.
5. IDBID will not discriminate against any employee,applicant for employment,sub-contractor,
supplier of materials or services or program participant because of race, age creed color, sex,
national origin, disability, marital status or sexual orientation.
6. A condition for entry into this agreement is the presentation by IDBID to the City Attorney's
Office of the City of Ithaca of either proof that it provides the levels of workers'
compensation and disability coverage required by the State of new York or that it is not
required to provide such coverage.
7. In the event of a dispute between the City and Partnership with regard to compliance with,
or interpretation of, the provisions of this Agreement, the parties shall make reasonable
efforts to resolve the dispute by mutual agreement. The matter shall be referred to a
subcommittee composed of the Mayor, the Chair of the Budget and Administration
Committee and the appropriate Department Head to act on behalf of the City of Ithaca and
fArng\contract\bid.cbs Draft 3 2/25/1998 3
will be subject to the approval of Common Council. If the parties are unable to reach a
resolution by mutual agreement, both parties consent to refer the matter to mediation by a
mutually acceptable mediator. If mediation does not resolve the disagreement, both parties
consent to submit the matter to binding arbitration in accordance with rules of the American
Arbitration Association.
THE CITY OF ITHACA
By:
ALAN J. COHEN,MAYOR
ITHACA DOWNTOWN BUSINESS DISTRICT
By:
Approved as to form.
City Attorney
City Controller
Budget& Administration Chair
fAmg\contract\bid.cbs Draft 3 2/25/1998 4
From: David P. Barnes
To: main.STEVET
Date: 2/9/98 2 : 41pm
Subject: copiers
Ron Powers dropped of a Toshiba 3550 copier for try-out in the
Records Unit. If it works out (and you find the money somewhere)
we ' d keep that there, put the Canon 3500 in the Investigative
Div. ; the Xerox 1038 would go to Dispatch and the Xerox 1025
would go into the lake. Ron is also looking for an alternative
for the Canon 1020 tabletop unit in our 4th floor office.
CC: RickB
OSO
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GROUP 22424 - COPIERS AWARD PAGE 19
ITEM 4 - COPIER - PER DETAILED SPECIFICATION
ESTIMATED QUANTITY. 100 (30,000 COPIES PER MONTH)
LOW HIGH
VOLUME VOLUME
PLAN PLAN
UNIT PRICE: $3, 031.00 MIN. MONTHLY MAINTENANCE: $70.00 $139.00
MODEL NUMBER: 3550 COPIES INCLUDED IN ABOVE: 12,000 24,000
MANUFACTURER: Toshiba COST/COPY (TO SPEC. MO $.0058 $-0058
EQUIPMENT GUAR. : 90 Days COST/COPY (OVER SPEC. MO. VOL. ) $.0058 $.0058
BREAK EVEN POINT: 23, 897 Copies
REQUIRED ACCESSORY:
UNIT MAINTENANCE/YR. MAINTENANCE/YR.
DESCRIPTION MODEL PRICE LOW VOLUME PLAN LOW VOLUME PLAN
10 Bin Sorter MG1001 $532.00 -0- -0-
ADF MR3003 785.00 -0- -0-
Stand Stand 25 84-00 -0- -0-
ASSOCIATED PRODUCTS:
MAINTERMCE/YR, MAINTENANCE/YR.
DESCRIPTION MODEL UNIT PRICE LOW VOLUME PLAN RIGH VOLM-M PLAN
10 Bin _Stapler MG1002 791.00 -0- -0-
20 Bin Sorter MG2002 794 .00 -0- -0-
Paper Pedestal KD2004 1 646.00 1 . -0- , I 1 -0-
20 Bin Staple Sort JMG2001J 1, 496,00 1 -0- -0-
GUARANTEED
SUPPLY TYPE BOTTLES/CARTON COST/CARTON YIELD/CARTON
Toner 4 $142.22 66, 000 cooies—
Develooer 10 466.66 800,000 copies
, Toner Bags 10 35.67 400,000 copies
DRUM: Included in maintenance
GUARANTEED YIELD/DRUM: Included in maintenance
AFTER-HOUR SERVICE COST: $1140.00/hr.
MAXIMUM ESCALATION/YR. FOR SUPPLIES: 5%
MAXIMUM ESCALATION/YR. FOR SERVICE: 3%
Energy Star Compliant: YES
Guaranteed Delivery: 30 Days A/R/O
The copier offered is new.
CONTRACTOR* TOSHIBA AMERICA INFORMATION SYSTEMS, INC.
CONTRACT NO. : P051155
(continued)
5802ta.doc/ftao
Xerox Administration August 28, 1997
Attention: Government Renewals
350 South Northwest Highway
Park Ridge, IL 60068
Fax:773-380-3507
ITHACA POLICE DEPT - 4
120 E CLINTON ST
ITHACA NY 14850
Dear Xerox Customer:
Our records indicate that your Purchase Order is due for renewal.Worksheet(s)are attached to assist you with the
Purchase Order completion. Renewals must be made within 60 days of the contract expiration to avoid forced
cancellation of your maintenance or rental agreement. After expiration,Xerox may require a signed Service Call
Authorization whenever service is performed until acceptance of a valid Purchase Order.
When issuing your renewal purchase order,please include your 1-Machine Serial Number(s)
2-Contract period
3-Pricing
If a renewal purchase order will NOT be issued for the Xerox contract,it is essential that you call the Xerox Customer
Care Center at 1-800-822-2502 or Fax us at the above Fax number.Please list all serial numbers when Faxing. When
you call or Fax,please inform us as to whether:
1.A purchase order for renewal is not required.I agree to abide by the terms and conditions as set forth in
the current price list.Please consider this as authorization for renewal.
2.Cancellation of the Xerox maintenance or Rental agreement,if applicable,should be processed
exclusive of leased equipment.
If you prefer to notify us in writing,please insure that the appropriate work sheet is included with your correspondence.
Please send your renewal to the above address or fax number. If you have any questions regarding this renewal,please
call our Customer Care Center at 1-800-822-2502.
If you are not the correct individual,please forward this letter and attachments to the appropriate individual or location.
We value our partnership with you,and on behalf of the Document Company,thank you for your business.We look
forward to continuing to provide all your document solutions.
Sincerely,
THE DOCUMENT COMPANY, XEROX
Any discrepancies between estimated prices and actual contract prices are governed by actual contract
prices.
(Xerox reference:26E261522)
Contracting Office Install Address Bill To Address
ITHACA POLICE DEPT ITHACA POLICE DEPT.
120 E CLINTON ST 120 E CLINTON ST
ITHACA NY 14850 ITHACA NY 14850
Market Code N/A Model Bill Code 2921 Contract Period 10/01/97 to 09/30/98
Price Plan FULL SERV MAINT POST QUARTERLY PO#
Unit Unit
Serial Number Description Oty. Issue Price Amount
26E261522 1038 ZOOM COPIER 4 Qtr $421.2498 $1,685.00
Accessories
29E2 DOCUMENT FEEDER 4 Qtr $0.0000 $0.00
36E2 3 TRAY 4 Qtr $0.0000 $0.00
K052 SORTER 4 Qtr $0.0000 $0.00
Extended Service:
Estimated Meter Usage
Estimated Average monthly use o
Monthly Allowance 0
Estimated Billable Monthly Usage o
Copy Range Price Per Copy Copies Estimated Costs
1 to 9999999 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
Total Estimated Meter Costs Per Month $0.0000
Total Estimated Meter Costs Per Year $0.00
Total Estimate= $1,685.00
Any discrepancies between estimated and actual prices are governed by the actual contract prices.
Please provide adequate funding for anticipated meter usage. Contractually,Xerox is not required to monitor meter usage to insure that
funding provided is not exceeded.
Contracting Office Install Address Bill To Address
ITHACA POLICE DEPT.
120 E CLINTON ST
ITHACA NY 14850
Market Code N/A Model Bill Code 2 9 21 Contract Period 10/01/97 to 09/30/98
Price Plan FULL SERV MAINT POST QUARTERLY PO#
Unit Unit
Serial Number Description Qty. Issue Price Amount
K02297173 1025 R/E COPIER 4 Qtr $371.7498 $1,487.00
Accessories
K032 THREE TRAY FEEDER 4 Qtr $0.0000 $0.00
K042 DOCUMENT HANDLER 4 Qtr $0.0000 $0.00
K052 SORTER 4 Qtr $0.0000 $0.00
ti
Extended Service:
Estimated Meter Usage ,.___
Estimated Average monthly use 0
Monthly Allowance 0
Estimated Billable Monthly Usage o
Copy Range Price Per Copy Copies Estimated Costs
1 to 9999999 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
0 to 0 00000000 0 $0.0000
Total Estimated Meter Costs Per Month $0.0000
Total Estimated Meter Costs Per Year $0.00
Total Estimate= $1,487.00
Any discrepancies between estimated and whral Prices are governed by the actual contract prices.
Please provide adequate funding for anticipated meter usage. Contractually,Xerox is not required to monitor meter usage to insure that
funding provided is not exceeded.
Xerox Administration August 28, 1997
Attention: Government Renewals
350 South Northwest Highway
Park Ridge, IL 60068
Fax:773-380-3507
ITHACA POLICE DEPT.
120 E CLINTON ST
ITHACA NY 14850
Dear Xerox Customer:
Our records indicate that your Purchase Order is due for renewal.Worksheet(s)are attached to assist you with the
Purchase Order completion. Renewals must be made within 60 days of the contract expiration to avoid forced
cancellation of your maintenance or rental agreement. After expiration,Xerox may require a signed Service Call
Authorization whenever service is performed until acceptance of a valid Purchase Order.
When issuing your renewal purchase order,please include your 1-Machine Serial Number(s)
2-Contract period
3-Pricing
If a renewal purchase order will NOT be issued for the Xerox contract,it is essential that you call the Xerox Customer
Care Center at 1-800-822-2502 or Fax us at the above Fax number.Please list all serial numbers when Faxing. When
you call or Fax,please inform us as to whether:
1.A purchase order for renewal is not required.I agree to abide by the terms and conditions as set forth in
the current price list.Please consider this as authorization for renewal.
2.Cancellation of the Xerox maintenance or Rental agreement,if applicable,should be processed
exclusive of leased equipment.
If you prefer to notify us in writing,please insure that the appropriate work sheet is included with your correspondence.
Please send your renewal to the above address or fax number. If you have any questions regarding this renewal,please
call our Customer Care Center at 1-800-822-2502.
If you are not the correct individual,please forward this letter and attachments to the appropriate individual or location.
We value our partnership with you,and on behalf of the Document Company,thank you for your business.We look
forward to continuing to provide all your document solutions.
Sincerely,
THE DOCUMENT COMPANY, XEROX
Any discrepancies between estimated prices and actual contract prices are governed by actual contract
prices.
(Xerox reference:K02297173)
Cable Consultant Cost
Rice-Williams Assoc
Low High
Franchise Renewal
Task #
I initial Consultation 1560 1560
II Community Needs Assessment 7500 10500
II Consumer Market Survey 11500 11500
III Tech. Evaluation of Existing Cable System 9500 13000
III Technical Evaluation of I-NET 6500 6500
IV Compliance Review 3200 6200
V Updating Relevant Ordinances 5200 5200
VI Preparation of RFP 3850 3850
VII Evaluation of Renewal Proposal 5500 5500
VIII Drafting Franchise Agreement 4600 4600
fX Assist w/pub. hearings (per hearing) 1560 1560
K Franchise negotiations 15000 15000
Other Svcs. Financial Anal./Franchise Fee Audit 6890 6890
Other Svcs. Review local property tax deduction 2405 2405
Subtotal Franchise Renewal 84765 94265
Travel & Expenses Fran. Renew. (015%) 12715 14140
Total Franchise Renewal 97480 108405
[Municipal Ownership
I Initial consultation 1560 1560
it Consumer market survey 11500* 11500
Ill Institutional needs assessment
($5500 - $10500, if not done as part
of franchise renewal)
IV Preliminary Technical Analysis 15000 15000
V Financial analysis 12500 12500
Subtotal Municipal Ownership 40560 40560
Travel & Expenses Mun. Owner. (0+15°!x) 6084 6084
Total Municipal Ownership 46644 46644
Grand Total 144124 155049
COST OF SERVICES
Task I: Initial Consultation $1,560
Task I1: Community Needs Assessment $7,500-10,500*
and Consumer Market Survey $11,500
Task III: Technical Evaluation of the Existing Cable System $9,500-13,000*
(Per headend/per system)
Technical Evaluation of Existing I-Net $6,500
Task IV: Review of Cable Operator Compliance with the Cable TV
Ordinance/Franchise $3,200-6,200*
Task V: Updating Relevant Ordinances $5,200
Task VI: Preparation of a Request for Proposal $3,850
Task VII: Evaluation of Renewal Proposal $5,500
Task VIII: Drafting Franchise Agreement $4,600
Task IX: Assistance with Public Hearings $1,560 j
and Assistance with Negotiations(10 Meetings) $15,000 %L.-r ti
Task X: Franchise Fee Audit $6,890
i
Hourly Rates: $130 per hour Consultants
* Dependent on scope.
30 Cl
3,!�4
714
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* � �tG mwdu �? 5 ret
I
o . l a
CONTRACT FOR CONSULTING SERVICES
This AGREEMENT made this day of 1998, by and
between the City of Ithaca, New York (City) and Rice, Williams Associates, Inc. (Consultant),
a corporation duly organized and existing under the laws of the District of Columbia.
WHEREAS, the City of Ithaca wishes to have consulting services conducted
regarding cable television services,
WHEREAS, the City of Ithaca desires to engage Consultant to undertake said
project, hereinafter described,
NOW THEREFORE, the City of Ithaca and Consultant do mutually agree as
follows:
ARTICLE 1
SCOPE OF WORK
Consultant agrees to perform the following services from a specified document
entitled, "Scope of Services," which is attached hereto and made a part of this Agreement: Initial
Consultation, Community Needs Assessment and Consumer Market Survey, Technical Evaluation,
Analysis of Compliance with the Cable TV Ordinance and Franchise, Updating Relevant
Ordinance, Development of a Request for Renewal Proposal, Evaluation of Renewal Proposal,
Drafting the Franchise, Assistance with Negotiations, and Franchise Fee Audit.
I
ARTICLE 2
TIME OF PERFORMANCE
Consultant agrees to complete performance of the services specified in Article I by
a date mutually agreed to by the City and Consultant.
ARTICLE 3
REPORTS
Reports on the various tasks will be provided to the City of Ithaca on dates mutually
agreed to by the City and Consultant.
ARTICLE 4
COMPENSATION
The City will pay Consultant a sum not to exceed those specified in the Cost of
Service section of the proposal, attached hereto and made a part of this Agreement. In addition
to this amount, the City will reimburse the Consultant for travel and expenses and for services
during attendance at meetings and hearings on an at cost basis. The City may, from time to time,
require changes in the scope of the services of Consultant to be performed hereunder, including
but not limited to, the designation of one or more additional study areas. Such changes, including
any increase or decrease in the amount of Consultant's compensation and changes in the terms of
this Agreement which are mutually agreed upon by and between City and Consultant shall be
effective when incorporated in written amendment to this Agreement.
2
ARTICLE 5
METHOD OF PAYMENT
Consultant will bill on a biweekly basis for services performed. The City shall pay
invoices within 30 days of receipt.
ARTICLE 6
CONTACTS FOR RESPONSIBILITY
Don Williams and Jean Rice will be designated as Project Directors for this project
by Consultant, and to manage and supervise the performance of this Agreement on behalf of
Consultant. Associated with the Project Directors will be staff members whose experience and
qualifications are appropriate for this study. The City will be represented by Mr. H. Matthys Van
Cort,Director of Planning& Development, for the City, or his designee for all matters relating to
this Agreement.
ARTICLE 7
TERMINATION OF CONTRACT
The City shall have the right to terminate any contract to be made hereunder for its
convenience by giving Consultant written notice of its election to do so and by specifying the
effective date of such termination. The Consultant shall be paid for its services through the
effective date of such termination. Further, provided a contract is awarded, if Consultant shall
fail to fulfill any of its obligations hereunder, the Agreement with said Consultant for such services
shall be in default. If this Agreement is so terminated, Consultant shall be paid only for work
completed.
3
ARTICLE 8
NON-DISCRIMINATION
There shall be no discrimination against any employee who is employed in the work
covered by the Agreement, or against applicants for such employment, because of race, religion,
color, sex, or national origin. This provision shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rate of pay or other forms of compensation-, and selection for training, including
apprenticeship.
ARTICLE 9
INTERESTS OF PARTIES
A. No officer, member, or employee of the City and no member of its governing
body, and no other public officials of the governing body of the locality or localities in which this
project is situated or being carried out, who exercises any functions or responsibilities in the
review of approval of the undertaking or carrying out of this Project shall (1) participate in any
decision relating to this Agreement which affects his personal interest or the interest of any
corporation, partnership, or association in which he is directly or indirectly interested; or (2) have
any interest, direct or indirect, in this Agreement or the proceeds thereof.
B. Consultant covenants that its officers, employees and shareholders have no
interest and shall not acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of services required to be performed under this Agreement.
4
IN WITNESS WHEREOF, the City of Ithaca, New York and Consultant, have
executed this Agreement on the date first above written.
RICE, WILLIAMS ASSOCIATES, INC.
BY:
Don C. Williams, Ph.D., Partner
APPROVED AS TO FORM: CITY OF ITHACA, NEW YORK
BY:
5
COST OF SERVICES
Task 1: Initial Consultation $1,560
Task 11: Community Needs Assessment $7,500-10,500*
and Consumer Market Survey $11,500
Task III: Technical Evaluation of the Existing Cable System $9,500-13,000*
(Per headend/per system)
Technical Evaluation of Existing I-Net $6,500
Task IV: Review of Cable Operator Compliance with the Cable TV
Ordinance/Franchise $3,200-6,200*
Task V: Updating Relevant Ordinances $5,200
Task VI: Preparation of a Request for Proposal $3,850
Task VII: Evaluation of Renewal Proposal $5,500
Task VIII: Drafting Franchise Agreement $4,600
Task IX: Assistance with Public Hearings $1,560
and Assistance with Negotiations(10 Meetings) $15,000
Task X: Franchise Fee Audit $6,890
Hourly Rates: $130 per hour Consultants
Dependent on scope.
6
SCOPE OF SERVICES
Task I: Initial Briefing on Legal, Economic, and Regulatory Matters
Rice, Williams Associates will work for the City by providing consultation how the latest legal,
regulatory, technical, and economic developments affecting the cable/telecommunications industry
impact the City's management of its rights of way. We will be pleased to be working with staff and
the City Cable Commission that are extremely knowledgeable in this area.
Overview/Implications of The Cable Act/Telecommunications Act
Since Rice, Williams Associates has worked on behalf of cities to advocate cable rate re-regulation
legislation, we are very familiar with all of the provisions of the Cable Television Consumer
Protection and Competition Act of 1992 ("1992 Cable Act") and the Telecommunications Act of
1996. At our initial consultation sessions with the City,we will share the insights we have obtained
as a result of this experience over the last several years. Specifically, we will provide the City with
overviews of:
■ Practical implications of the Cable Communications Policy Act of 1984
■ The current status of cable TV regulation, including:
• Rate regulation for basic cable service
• Regulation of prices for cable equipment
• FCC rule makings related to the 1992 Cable Act
■ How the Telecommunications Act of 1996 affects the City's renewal process, for example:
• Factors for approval of a second franchise
• Process for renewal
• Areas in which municipalities are allowed to establish requirements of the cable
operator
• Factors for denial
■ How the Telecommunications Act of 1996 affects telecommunication competition in the City
■ Rate regulation and the impact of Social Contracts
■ The FCC's recent OVS decision; potential impact on the status of existing cable operators;
role of utilities
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■ Consumer protection issues, including anti-buy through, negative option billing, consumer
notice of free movie options; uniform rate structures;customer service standards and privacy
provisions
■ Must-carry and channel positioning provisions, including:
• Carriage of noncommercial stations and low-power TV
• Maintenance of public,educational,and government access channels on the basic tier
• Retransmission consent
■ Requirements for operators,including EEO,emergency announcements,home wiring,leased
access, and ownership and control.
During our initial consultation sessions, our first objective will be to inform the City about all
practical implications of the 1992 Cable Act and the Telecommunications Act of 1996, and to make
recommendations to the City's procedural and material compliance with it.
We will work with the City to confirm the specific procedures that must be followed prior to and
during the cable franchise renewal processes in the City of Ithaca, New York.
Broad Economic, Regulatory, and Legal Issues
With the recent passage in Congress of the Telecommunications Act of 1996 to deregulate the
telecommunications industry on a much broader scale, it is important for the City to understand the
impact that this new bill will have. We would discuss the potential impacts within a broad context
of industry dynamics, court decisions, and other pertinent rule makings. Thus, our initial
consultation sessions will also address:
■ Implications of industry changes upon franchising authorities, for example:
• Telephone company entry into cable
• Cable TV operator entry into telephone and data service
• Consolidation among cable industry players resulting from recent mergers and
acquisitions
• Technology developments that alter the prospects for cable television
■ Recent legaUregulatory developments, including House and Senate proposals affecting the
telecommunications and cable industries,and how these changes would have an impact upon
franchise authorities
■ Newly adopted FCC technical standards
■ Pertinent court cases affecting franchise authorities' regulatory power.
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Rice, Williams Associates will give special attention to advising the City about the potential impacts
of emerging industry,economic,regulatory,or legal outcomes upon future telecommunications/cable
TV plans and policies that the City might be considering. Most importantly, Rice, Williams
Associates will identify specific areas in which proposed telecommunications legislation and court
decisions may have an impact upon the City's ability to regulate cable and other
telecommunications.
Throughout the period in which we perform ser-vice to the City, Rice, Williams Associates will keep
City informed of emerging regulatory issues and policy making initiatives in which the City may
want to participate or comment.
Identification of Local Policy Issues
Rice, Williams Associates will also provide insights and advice on policy issues related to local
telecommunications franchise administration and regulation. We will place highest priority upon
providing advice and consultation on the City's most pressing issues.
Drawing upon our firm's extensive experience in working with other franchising authorities, we are
familiar with a complete range of local policy issues of concern to local policy makers. We are
prepared to address the implications of any of the following:
■ Use of streets
■ Organizational structures for access center
■ Rights-of-way management
■ Extension of service
■ Technical requirements
■ Upgrade to expand channel capacity
■ Regulatory structure
■ System financing provisions
■ Fees
■ Access programming and facilities
■ Access provisions
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■ Buy-back options
■ Transfer of ownership
■ Competitive Access Providers
■ Institutional networks and services
■ Consumer service practices
■ Competition for the franchise.
Investigation and analysis of some of these policy issues may require embarking upon special
research, conducting public hearings, and/or requesting information from the cable company.
Should any of these activities be required, Rice, Williams Associates will work closely with the City
to coordinate research,develop information requests,and develop schedules and procedures to enter
information most appropriately into the public record and related procedures. We will also be
available to attend the City's public hearings.
Rice, Williams has several municipal clients which have received requests and/or have granted
second franchises. We are well aware of the primary issues including how to achieve a level playing
field that meets subscriber,City,and institutional needs. Of particular public benefit in construction
of fiber based systems is the provision of fiber optic capacity for City utilization. We have
negotiated on behalf of municipalities with many companies and have been successful in obtaining
a large amount of capacity for our clients. We can advise the City regarding methodologies for
obtaining competitive services.
We will advise the City on obtaining Internet access. NCTA and FCC initiatives to have Internet
provided to the schools will be reviewed and we will discuss strategies for receiving Internet access
for the schools and public buildings.
Local Cable TV Service Performance/Goats
Although we would assess the cable operator's compliance with the local cable ordinance at a later
step in the franchise renewal process, the City would provide Rice, Williams Associates with an
broad overview of the cable operator's track record of regulatory compliance, cable service, and
support for access channels and programming.
In addition, we would be briefed on the City's goals for the future to ensure that we have a full,
complete understanding of the City's objectives as we work together to design the franchise renewal
process.
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In the initial consultation session, we would address the technical and financial considerations of
reaching the service goals identified by the City. As part of subsequent tasks discussed in this
proposal, Rice, Williams Associates would work with the City to assess the technologies required
to meet the community's future communications needs.
Task 11: Community Needs Assessment and Consumer Market Survey
Rice, Williams Associates is firmly committed to the belief that local cable communications can
provide:
u A vehicle for community dialogue on local issues
■ A cost-effective method to disseminate information and services to the public by the City,
local governments and public institutions
■ Improved entertainment, information, and service options to the public.
An important step in the cable refranchising process is the City's estimation of its "future
cable-related community needs and interests,"as stated in the Cable Communications Act of 1984,
the Cable Television Consumer Protection and Competition Act of 1992, and the
Telecommunications Act of 1996. ' Rice, Williams Associates will assist the City in conducting a
thorough assessment of municipal, community, and consumer demand for enhanced local
programming, additional communications capabilities, and improvements in other types of cable
service.
Rice, Williams Associates would conduct two types of surveys:
■ A community needs assessment, which would consist of a workshop and survey of the
current and potential users of the government, public, and educational access channels and
facilities and other existing and proposed institutional services such as data communications,
traffic signalization,video surveillance,and telephone line replacement, among many others
■ A consumer market survey that would measure cable subscriber satisfaction on a wide
variety of issues including repair, installation, picture quality, among others, demand for
expanded cable service, Internet access, facilities, special services, competition, and local
government, education, and community access programming.
The methodologies for performing each of these activities follow.
Community Needs Assessment
Rice, Williams Associates will work with City staff and the City Cable Commission to identify the
local government departments, schools, public service agencies, and other organizations to be
surveyed for this ascertainment. If desired, an information seminar would be held to inform
organizations about the potential of using cable access channels.
Rice, Williams Associates will consult with the City on the design and administration of the survey
used in the ascertainment. The specific outcomes of the survey would be to identify:
■ The community's need for public, educational, and governmental access channels and
programming support over the long term
• Public buildings and institutions that currently or in the future want to utilize access and
institutional channels, video equipment, and cable drops
■ The need to replace or upgrade access equipment, facilities, and access services that are
currently being provided
■ Interest in and benefit from utilization of institutional telecommunications capacity
■ Current and future demand by the City for use of an institutional network. This would
include identification of specific ways in which the City would achieve cost savings via
intra-governmental communications and cable/fiber optic delivery of information and public
services
■ Identification of current and potential applications, such as:
energy management
• closed-circuit training program delivery to work sites
• security services
• delivery of library information
• data transmission
• traffic signalization
• video surveillance, and
• leased telephone line replacement.
Mailed questionnaires will be used to collect the information. Once the data has been collected and
verified, Rice, Williams Associates analyze the results and provide a report, and a summary to the
City, including specific recommendations.
This activity would provide data to evaluate how well the current cable operator is supporting public
access and how future needs for public, educational,and government access might be met. Once we
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have identified potential improvements to enhance the quality of service cable television service,
Rice, Williams Associates would then assess the technical and financial feasibility, public benefit,
and cost-effectiveness of implementing these potential improvements.
Our activities will support the City's decision making on the scope of the access support, technical
parameters, and services to be specified in any new cable franchise agreement. Additionally, full
documentation of city and community needs and interests enables the City to present the strongest
case during final franchise agreement negotiations.
Consumer Market Survey
Our consumer market survey provides a means to receive input on the existing and potential cable
services from a cross-section of subscribers. This survey would be designed to determine:
■ Customer satisfaction with installation, sales,repair work, response time, picture reception,
billing, appointment scheduling, and outages
■ Consumer interest in specialized subscriber terminal options, such as picture-in-picture
■ Consumer penetration of computers
a Consumer interest in competitive cable service
■ Public interest in telecommunications competition
■ Consumer interest in expanded cable services, increased channel capacity, additional local
access programming, additional programming, and special offerings -- for example,
computer services
■ Consumer interest in Internet access, computer services, personal business services,
government interactive services, and interactive programming.
The approach to determining customer satisfaction and needs that we recommend is as follows:
Following discussions with City staff and the City Cable Commission, and a review of existing
program and service offerings, a questionnaire would be designed by Rice, Williams Associates.
Rice, Williams Associates will insure that the survey provides a valid representation of cable
subscribers. The survey design will be cross-sectional. A random sample of residents will be
scientifically generated to ensure that representative results are obtained from all geographic areas.
The data from the survey will be elicited, coded,and verified to ensure valid results. Computer data
analysis will be used to calculate relevant frequency distribution, corresponding statistics and any
relevant cross tabulation of data.
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Pre-tests will be conducted prior to the start of the project with input as to specific language and
question content.
All telephone interviews are conducted using trained and monitored interviewers. Call backs are
made at the completion of the survey process to assure compliance with proper survey procedures.
The sample will yield statistically valid results at the ninety-five percent(95%)confidence interval,
and a not-to-exceed two-tailed error level. The error level is based on the standard error of the
estimated percentages for the sample which is the difference between the survey results obtained
with the sample and the result that would be obtained by a complete census of the population. This
means that for any question in which fifty percent(50%)of the respondents answered "Yes," the true
population value lies in the interval between forty-five and fifty-five percent(45%-55%), and that
ninety-five percent(95%)of all samples would yield results within this interval.
A report on the findings of the consumer market survey will be prepared for the City to provide a
solid basis for analyzing the existing cable operation and documenting the interest in new offerings.
All surveys will be accompanied by a report summarizing and interpreting the relevant data,
including recommendations for incorporating the results into the public record and using them as
the basis for future planning and evaluation.
Task III: Technical Evaluation of the Existing Cable System
Rice, Williams Associates will conduct a technical analysis to determine the level of technical
performance achieved by the existing cable system,compare the findings to industry standards, and
analyze proposed options for upgrading and/or rebuilding the system. We would devote special
attention to assessing the useful life remaining of the following types of equipment and systems:
• Tower and antennas
• Satellite earth stations
■ Headend equipment
■ Fiber architecture
• Fiber optics
■ Distribution trunk
• Fiber nodes
• Feeder cables
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■ Upstream activation
■ Telephone and data service equipment
IN Institutional network
■ Subscriber and institutional terminals
■ Emergency alert
■ Enhanced services capacity (e.g. telephone, PCS, multimedia)
■ Line extension.
Technical tests would be undertaken of many different aspects of system performance, including:
■ The current operating status and components of the headend and distribution system
IN Connections,drops and amplifiers to determine the overall integrity and construction quality
of the plant in accordance with National Electrical Safety Code practices.
■ Signal quality, level and the attenuation in the cable itself, and outages
■ Individual trunk and distribution amplifiers to ascertain physical condition to determine the
network performance characteristics.
Test Methodology
After reviewing the NYS Public Service Commission audit of 1996,our first step in the technical
analysis will be to review the most recent proof-of-performance tests and system maps submitted
to the City over the term of the current franchise. Such information can also be requested of the
cable company. This record of tests, system deployment, performance, outage logs, and other
information will provide the baseline for the next stage of our technical review.
Next,we would define the expected performance levels for the system. The expected performance
levels are defined by the operating parameters for the individual elements of the system such as
amplifier output levels, physical spacing, and other operational characteristics. We would examine
the specifications provided by cable system equipment manufacturers and evaluate whether the City
of Ithaca,New York system is properly adjusted to each manufacturer's specifications.
To analyze the system's theoretical performance capabilities,we will request information on specific
engineering design parameters directly from the cable system engineering staff. Parameters to be
examined will include technical performance specifications of the electronic amplifiers and passive
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components, coaxial cable, headend,and subscriber coupling equipment. A mathematical computer
model will calculate the expected performance characteristics for the cable system based on the
number of cascaded trunk amplifiers, distribution amplifiers, and subscriber tap levels.
For the next phase of our technical evaluation, we will prepare the testing procedures for a spot
check evaluation of the system to determine the current operating status of the headend and
distribution system. The specific tests to be conducted will be outlined in our test procedure
protocol. Equipment block diagrams will be provided for each test. Data sheets will be prepared
to summarize the results of the testing at each test location and serve as a permanent record of test
results.
Tests for the following performance parameters will be performed as a part of our proof-of-
performance testing:
■ Carrier-to-noise
• Visual carrier variation
■ Composite triple beat tests
■ Intrarnodulation tests
■ Hum modulation
■ Subjective viewing tests.
The tests will be based on generally accepted test procedures for key parameters. Rice, Williams
Associates's engineer will select test locations and perform the tests in conjunction with TWC's
technical staff. Our past experience with testing numerous cable systems indicates that this is the
most desirable procedure since it affords us an opportunity not only to perform the test, but also to
evaluate the ability of the cable system staff to perform regular tests.
In addition,Rice,Williams Associate will inspect the major components of the cable system headend
facility that receive satellite and off-air broadcast signals -- antennas, satellite dishes, receivers,
modulators, and demodulators. Tests will be performed to evaluate picture quality, clarity, and
signal-to-noise characteristics using standard equipment.
Technical Evaluation
The results of our field inspection process and other test results will be summarized and compared
to current FCC specifications,proposed FCC specifications, and all technical performance claims
made in the franchise agreement.
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A report will be prepared to document the testing process. The report will include our ultimate
findings on the system's technical performance, and whether it meets or exceeds them. We will
prepare and review possible channel capacity configurations under the current system design and
under upgrade and rebuild scenarios.
Our report will conclude with an analysis of whether a system upgrade or rebuild is desirable. If we
recommend either a rebuild or an upgrade, our report will outline the most feasible options and
provide the list of technical requirements that a system upgrade or rebuild must match.
Should an inspection and analysis of the institutional network be desired, we would be pleased to
conduct such an inspection.
Task IV: Review of Cable Operator Compliance with the Cable TV Ordinance[Franchise
Rice, Williams Associates will evaluate the company's compliance with the provisions of the
existing cable TV ordinance and franchise to determine whether the City needs to strengthen them
prior to refranchising or to address any major performance issues or problems. We will review the
City's information and documentation of operator compliance with the franchise and the quality of
the operators service.
Some issues will have already been identified by the City as part of our initial consultation sessions
in Task 1. Rice, Williams Associates would analyze cable operator compliance in detail in a wide
range of areas, for example:
■ Construction completion
■ Performance of street work
a System technical standards
■ Consumer notification requirements
■ Adherence to City procedures (e.g. transfer of ownership or control)
■ Adherence to City consumer requirements (e.g. local office, local telephone number)
■ Insurance, indemnification, and performance bonds
■ Use of poles and facilities agreements
■ System extension, operations, standards, and procedures
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■ Availability of books, maps, records, and specially requested information and reports
■ Compliance with state and federal laws
■ Community programming, equipment, and services
■ Consumer billing practices
■ Privacy protection for customers.
After Rice, Williams Associates completes its initial evaluation of the City's franchise and ordinance
and City records on system compliance, we will discuss any major issues and problem areas and
determine whether additional information is needed. If additional information is required, Rice,
Williams Associates will prepare a Request for Information(RFI) that the City will present to the
cable company.
After analyzing the information that is received,we will work with the City to make a determination
of the company's compliance with the legal and technical elements of the franchise and ordinance
and will make suggestions to the City on reimbursement of renewal related expenditures.
Task V: Updating Relevant Ordinances
Rice, Williams Associates will also analyze the City of Ithaca,New York cable TV ordinance and
franchise to ensure that the City is in compliance with recent changes in cable and
telecommunications regulatory policy. Provisions to be reviewed and discussed will include:
■ Definitions:
• Regulation of the franchise
• Supervision of the franchise
• Performance evaluation
■ Design and construction provisions:
• Construction and technical standards
0 Dedicated institutional and access channels
• System construction schedules
• Extension of service
• Special agreements
• Construction reporting requirements
• Use of streets
• Tests and performance monitoring
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• Service provisions:
• Community programming and services
• Timetable for the provision of programming equipment
• Personnel and facilities
• Community programming funding structure and payment
■ Schedule:
• Services to subscribers
• Services to institutions
• Lockout devices
■ Operation and maintenance
• Required reports
• Required records
• Service calls and complaint procedures
• Billing and collection procedures
• Antennas and antenna switches
• Grantee rules and regulations
Working with City staff and the City Cable Commission, Rice, Williams Associates will conduct
a general review of the franchise and ordinance to ensure that they contain key provisions to enable
the City to exercise ongoing regulatory authority and administration of the franchise. We will
identify the specific regulatory and contractual controls that are available to the City and discuss the
degree to which various provisions can be enforced and are practical.
At the final stage of this process,we will discuss the degree of future regulatory authority that the
City feels desirable. Due to our extensive experience in developing quantifiable methodologies for
regulating customer service,we are capable of recommending how the City can strengthen consumer
protection provisions.
We will work closely with the City to identify areas of oversight in which current regulatory
problems,if any, should be addressed in a revised ordinance. Where the provisions of the ordinance
and franchise are deemed insufficient, we will assist the City in rewriting those areas of the
ordinance and franchise.
Task VI: Preparation of a Request for Renewal Proposal
We will work closely with City staff and the City Cable Commission to develop a formal Request
for Proposal(RFP)to provide cable television service. This document serves as the foundation for
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the renewal process, since it establishes priority areas and guidelines for cable service.
The cable company will be asked for their proposal to response to this document. The Request for
Proposal will request the following information:
■ Ownership experience and financial resources:
• Experience of company and staff
• Financial capability to upgrade or rebuild and operate the proposed system
■ Financial projections:
• Realism of financial projections
• Equity and depreciation
• Completeness and accuracy
■ System design:
• Fiber optic architecture
• Initial coverage and line extension policy
• Reliability and capacity of proposed system design
• Area-wide interconnection capability
• Upstream activation plan
• Underground requirements
• Construction schedule
• Equipment and installation capacity
• Institutional channel capacity
■ Service to subscribers:
• Variety and availability of program offerings
• Variety and availability of consumer services
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• Variety of enhanced service offerings
• System operation and maintenance plans and personnel
• Billing practices
• Subscriber complaint procedures
• Subscriber privacy practices and procedures
■ Local programming:
0 Support for access
• Quality and philosophy of access plans
• Quality of local origination plans
• Experience with local programming
Rice, Williams Associates would work with the City to establish a timetable for cable company
submission of proposals,the manner in which subsequent information requests would be handled,
and the time frame for decision making by the City.
Task VII: Evaluation of Renewal Proposal
Rice,Williams Associates will conduct a complete analysis of how well the cable company proposal
meets the specifications stated in the RFP. The responses to the RFP will be checked for
thoroughness, internal consistency, and accuracy of financial and technical data.
A major factor for the City's determination of whether to award a franchise will be whether the
applicant illustrates the financial, legal and technical ability to provide the services proposed. We
will take a rigorous approach to our analysis of each component of the proposal as well as conduct
a review of the integrated whole. Our analysis will include:
■ Economic analysis of the cable system operations, its potential for growth, and price
elasticity in the consumer market.
■ Technical analysis, including a review of plans for rebuilds, construction, and
interconnection
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■ Service package analysis to evaluate the overall diversity and provision of service to
consumers
• Public, educational, and government access evaluation to assess channel allocations,
facilities support, and related services.
The remainder of this section provides further detail of the methodology we will use to perform these
analyses.
Financial Analysis
Rice, Williams Associates will conduct a financial analysis of the proposal, which will include a
review of company's financial proforma and capital spending. The financial analysis will be
consistent with the spirit of the Cable Act, which states:
"...the cable operator shall ensure(A)that the safety, functioning,and appearance
of the property and the convenience and safety of other persons not be adversely
affected by the installation or construction of facilities necessary for a cable
system; (B)that the cost of the installation,construction,operation,or removal
of such facilities be borne by the cable operator or subscriber,or combination of
both for any damages caused by the installation, construction, operation, or
removal of such facilities by the cable operator; and (C) that the owner of the
property be justly compensated by the cable operator for any damages caused by
the installation,construction,operation,or removal of such facilities by the cable
operator. Sec. 621.(a)(2),47 U.S.C. Sec. 541(a)(2)."
This approach evaluates the applicant's financial capability to provide services, facilities, and
equipment and provides for better understanding by the City of the cable operator's plans for the
system.
Our first step in the analysis will be to describe and analyze the system's basic subscriber
characteristics, which includes such factors as homes passed, subscriber levels, and penetration.
Next, we will examine the cable operator's financial proforma in detail. This analysis should
have great relevance to the City,since franchise fee payments are based upon gross receipts that
rise or fall according to the sales performance of the system. Our approach provides the City
with a profile of the cable operator's pians for the future, since the proformas contain data from
Year 1 forward ten or fifteen years.
We will provide detailed examination of operating expenses from two perspectives. The
operating expense budget will be reviewed from the viewpoints of:
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■ Adequacy. For example, are staffing levels and the salaries budget adequate to provide
satisfactory service to subscribers? Are projected expenses for community programming
sufficient?
■ Efficiency. For example, are amounts allocated as corporate overhead expense
reasonable or excessive?
Capital spending plans will be reviewed to determine the rate of reinvestment in plant and
equipment. Are capital expenditures consistent with normal industry practices on replacement
and maintenance? In conjunction with an analysis of balance sheet data, we will calculate rates
of return on invested capital.
In addition, we will assess the overall financial ability of the company to meet the future needs
of the community. We will review income statements and sources and uses of funds statements
to assess the cable operator's profitability. Because financial inability to perform is basis for
denial of a franchise application, long-term corporate and cable system financial stability will
be assessed during the analysis.
Our evaluation of the cable operator's proposal will be based on reasonable financial criteria.
Interpretation will be based upon such familiar analytical ratios and tools, such as hurdle rates,
operating ratios, and operating margins.
Our analysis will establish whether the cable operator has provided sufficient financial
information to demonstrate that it will be able to comply with these general requirements. The
analysis also will assist the City to determine the degree to which the financial and business
plans are reasonable and whether the cable operator is capable of to providing the service
proposed on a nondiscriminatory basis. The data generated from our financial analysis will also
be used to frame renewal negotiation requests.
Technical Analysis
Rice, Williams Associates will conduct a technical evaluation will address several issues of the
proposed system design. Our analysis will focus upon whether:
■ The system's performance, maintenance schedule, equipment packages, subscriber
equipment, and terminals are reasonable, adequate, and effective
■ A proposed system design or rebuild plan reflects state-of-the-art cable system
technology and engineering
■ Manuals and information are provided that indicate that the applicant is technically able
to provide and maintain the proposed state-of-the-art equipment and systems
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■ Equipment proposed is sufficient quality
■ Proposed public,educational,and access facilities and equipment are reasonable to meet
the needs identified in the community ascertainment.
One of our key tasks will be to examine the applicant's plans to rebuild and/or upgrade the cable
television system,and to evaluate whether the applicant has stated a reasonable time frame for
completion of this work. For this portion of our analysis, we will review the adequacy of the
construction plan and service schedule, as well as the time frame for pre-construction activities,
such as utility make-ready, utility agreements, zoning approvals, and any other types of
construction authorizations.
We will also analyze two other key,factors that may affect how rapidly a cable operator is able
to meet construction and implementation deadlines--the construction method utilized and the
number of personnel assigned to construction crews.
Rice, Williams Associates will determine whether the applicant's plans are based on proven
construction techniques, since use of various kinds of construction techniques will influence the
reliability and general operation of cable systems. For example, the hardware used, such as
cable, taps, and other passive elements, and amplifiers tend to be rugged and of standard
construction. In contrast, the placement of cable, cable splicing, and other such implementation
decisions can greatly influence the ultimate performance of the system. We will review the
construction manual, provided by the applicant, for adequacy and consistency with current
industry practice.
The key elements of system design are the transport system, bandwidth and transmission
characteristics, processing equipment, satellite receiving equipment, and overall system level
design criteria. These and other factors involved in the overall system design will be reviewed,
including subscriber terminal equipment, system reliability and maintenance, and
interconnection to neighboring cable systems and facilities. We will also analyze the cable
operator's plans to activate upstream capacity on the network.
Specialized items,such as standby power,subscriber terminals, fiber optics,and emergency alert
systems,will be analyzed to determine whether they reflect state-of-the-art technology and how
they will be integrated within the entire network. Interconnection plans that might be included
in the plan will also be reviewed. Another area that will be reviewed is how the design will
impact overall technical system performance.
If an institutional network is included in the applicant's proposal, Rice, Williams Associates will
perform an additional technical design analysis similar that conducted for the technical
components of the consumer cable system. The technology used, fiber optics and coaxial cable,
will be reviewed for its capacity and compatibility with existing data terminal and processing
equipment. Our report will examine transmission characteristics between the subscriber network
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and any institutional network as proposed. Due to our experience in developing institutional
networks for many cities, we can assess whether the cable operator's stated operational plan for
this network is reasonable and suitable for the purposes to which it will be used.
Our technical report to the City will-include an overall description of the system proposed by the
applicant, the system characteristics, system channel capacity, program reception facilities, the
number of plant miles,and any special equipment noted in the application,such as off-premises
equipment. The report will include our analysis and judgment of whether the system, its
components,and equipment reflect state-of-the-art technology and are able to perform reliably.
Our final report to the City will integrate the results of the financial analysis with our technical
findings to determine the financial viability and practicability of the proposed system design and
construction schedule,
Service Analysis
Rice, Williams Associates will review the services proposed by the applicant. Our report will
provide charts summarizing the applicant's proposed signal carriage and channel allocations,
including the manner in which various services will be tiered. The categories of service that will
be described and analyzed are:
■ Local broadcast signals
■ Imported television broadcast signals
■ Satellite services
■ Pay cable service
■ Nonbroadcast television channels
■ Channels designated for public, educational, and government communications
■ Channels designated for local origination
■ Audio services
■ Nonbroadcast audio simulcasts
■ Other services proposed by the applicant.
For our report to the City, we will evaluate the overall diversity and provision of service to
different classes of users to be served by the cable operator.
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Public, Educational, and Government Access and Other Institutional Services
Rice, Williams Associates will evaluate applicant's proposal for:
■ Public, educational, and governmental access facilities,equipment, and services
■ Institutional network and services.
We will begin our analysis by determining whether the proposed operating budget for either or
both of these activities falls within the confines of the services aspect of cable under the access
provisions of the Cable Act or whether the applicant anticipates that franchise fees will be
utilized.
Access and other related public benefits will be evaluated in a thorough,comprehensive manner,
and will entail an analysis of the applicants equipment package,budget, operational support and
expenditures and adequacy of the overall plan. We will review the operator's plans and City's
pians in this area and analyze the degree to which both match.
The operating budget specified by the applicant will be analyzed to determine the levels of
funding for equipment,annual services,and overall funding. Our analysis will identify whether
the applicant's financial contribution is tied to per-subscriber values,percents of gross revenues,
or to minimums that will be provided. If requested by the City,we will analyze the operating
budget for the amount allocated to staff for maintenance, training, and public relations and/or
advertising.
Rice,Williams Associates will also provide a detailed review of the facilities and equipment that
are proposed to be offered. We will examine the initial capitalization, replacement costs, and
any renovation expenditures.
We will also review the channel allocation proposed for access programming and institutional
networks. We will work with the City to determine whether access channel allocations are
adequate to meet community needs.
Final Evaluation of Proposal
With the conclusion of the analyses described above, Rice, Williams Associates will conduct a
review summarizing and incorporating all of these analytical elements. We will summarize
whether the applicant has met the minimum requirements as set forth by the RFP. This will be
important in ensuring that residents receive the services that are needed and that the City is
protected in the future. Any unmet minimum requirements will be identified in our report.
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We will alert the City to unanswered questions in any of the areas examined. If additional
information or clarification of any information provided in the proposal is needed, Rice,
Williams Associates will prepare clarification questions for the City to submit to the company.
If we judge that an applicant has an inability to perform in any of the three areas, we will provide
the City with a full explanation of our basis for making this determination to ensure that the City
has firm, reasonable grounds in making an official determination and proceeding as appropriate.
We will work with the City in making a determination of whether the applicant's proposal meets
the future community needs. Based on this information, Rice, Williams Associates will make
recommendations to the City on the renewal proposal and degree to which the proposal is
compatible with the goals established by the City.
Task VIII: Drafting the Franchise
Rice, Williams Associates will prepare a franchise which is based on the research conducted for
this process, our experience and the needs of the City. This franchise will consist of the
following:
■ Grant of franchise
■ Right of City to issue franchise
■ Effective date of franchise,effect upon existing franchise
■ Term
■ Franchise nonexclusive
■ Incorporation of the cable ordinance by reference and resolution of conflicts
■ Incorporation of proposal by reference
■ Definitions
■ Service area
■ Use of streets
■ System and capacity
■ Construction
■ System construction schedule
* System services after rebuild
■ State-of-the-art
■ PEG access
■ Institutional network
■ Tests and performance monitoring
■ Subscriber information and policy
■ Equal employment opportunity and affirmative action
■ Rates
■ Franchise renewal
■ Police powers
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■ Franchise fee
■ Regulation
■ Remedies
■ Cooperation
■ Waiver
■ Cumulative provision
■ Notices
■ Captions
■ No joint venture
■ Entire agreement
■ Severability
Working with City staff, Rice, Williams Associates will conduct a general review of the
franchise and ordinance to ensure that they contain key provisions to enable the City to exercise
ongoing regulatory authority and administration of the franchise. We will identify the specific
regulatory and contractual controls that are available to the City and discuss the degree to which
various provisions can be enforced and are practical.
At the final stage of this process, we will discuss the degree of future regulatory authority that
the City feels desirable. Due to our extensive experience in developing quantifiable
methodologies for regulating customer service, we are capable of recommending how City can
strengthen consumer protection provisions. We will work closely with the City to identify areas
of oversight in which current regulatory problems, if any, should be addressed in a revised
franchise. Where the provisions of the franchise are deemed insufficient,we will assist the City
in rewriting those areas of the franchise.
Rice, Williams Associates will develop a franchise which will reflect negotiated agreement and
provide for increased public service components over the term of the contract.
Task IX: Assistance with Public Hearings and Negotiations
Rice,Williams Associates will be prepared to assist the City in public hearings throughout entire
franchise renewal process. We will be available at public hearings to make opening remarks,
which sets the regulatory framework for the hearing in layman's terms, and to answer questions
as needed.
Also, we are able to consult with the City in developing the hearing process, the agenda for
public hearings,and participation in the hearings. We participate in many public hearings and
council workshops each year and are well equipped to advise the City on the most effective
formats for these sessions.
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Most importantly, Rice, Williams Associates will represent the City in its negotiations to
develop the final franchise agreement. We have extensive experience in providing this type of
assistance to cities, and have had great success in helping our clients to achieve their goals for
renewal.
Task X. Franchise Fee Audit
A franchise fee audit which will audit the revenue records of the cable company to determine
whether the City received the proper amount of the franchise fee from all sources. This task will
be based on our firms day-to-day working knowledge of cable companies financial statements
and revenue sources.
The following items, for a three year period, will be required to be reviewed at the cable
company to conduct a complete a review of the City of Ithaca cable television franchise fee:
■ Complete records of the fee calculations, including worksheets used to determine the
amounts and sources of revenues.
■ Backup and source documents for the various categories of income.
■ Records allowing the tracking of individual revenue items to their inclusion in the fee
calculation.
■ Records allowing the tracking of revenues included or the fee calculations back to source
of receipt.
■ Reconciliations, if any,of revenue reported to the City of Ithaca to revenue reported for
financial payments.
■ Third party payor documents,such as Home Shopping Channel, showing amounts paid
to cable operator.
■ Payment calculations for the City and the City's access organization(s).
Other items may be required after performance of our initial inquiries. Rice, Williams
Associates may expand or contract the scope of our review based upon initial findings.
The audit will be conducted to determine the following:
■ Whether the franchise fee calculations used to pay the franchise fee are consistent with
the definitions and terms of the franchise.
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■ Whether the Company has been up to date on service area changes from annexation.
(Note: City to provide test dates and locations for this analysis.)
■ Whether there have been any methodological errors in calculating payments to the City
and the City's access organization.
A final report will be prepared for the City which provides detailed proforma, information on
Company revenues, reconciliation of audit finding and general ledgers, and other pertinent
information. A notice of default will be prepared,if required.
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