HomeMy WebLinkAbout05-28-03 Budget & Administration Committee Meeting Agenda BUDGET AND ADMINISTRATION COMMITTEE
MAY 28, 2003
7 :00 P.M.
COMMON COUNCIL CHAMBERS
AGENDA
Statements from the Public
Amendments to Tonight' s Agenda
A. Common Council
1 . Request to Amend Taxicab Rates - Discussion (15 min. )
2 . Employee Membership on City Boards and Commissions -
Discussion (20 min. )
B. Building Department
1 . An Ordinance to Amend Chapter 210, Articles VII and XII of
the City of Ithaca Municipal Code to change the time period
for housing inspections and the duties of the Building
Commissioner thereto (15 min. )
C. City Chamberlain
1. Receivables Software - Report and Possible Resolution (30
min. )
D. Budget Process Subcommittee - Report (10 min. )
E. DPW
1 . Any items from May 21, 2003 meeting
F. Reports
1 . Mayor' s Report
2 . Council Members' Announcements
3 . Next Month' s Meeting: June 25, 2003
Budget Process Committee-of-the-Whole Meetings: June 10th,
16th, and 3 0th, 7 :00 P.M. , Common Council Chambers
10.5 DPW - Request to Amend Authorization for Capital Proiect 460 Stewart
Avenue Bridge over Fall Creek- Resolution
WHEREAS, the Common Council at its regul r--meeting of Ju 2002, approved
Capital Project #469-Stewart Avenue Bri over Fall C n the arO 000
for Design o , nd
WHEREAS, a Project rehabilitation of Stewart Avenue Bridge over Fall Creek ("the
Project"), is eligible for funding under Title 23 U.S. Code as administered by the Federal
Highway Administration ("FHWA"), as amended that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal funds and approximately
14% of non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI),
Construction, and Construction Inspection; now, therefore, be it
RESOLVED, at Common Council hereby a ds Capital Project 460 "Stewart
Avenue Brid o r Fall Creek, Construction Phas " y the amount of $1,930,000, and
be it fur
RESOLVED, That Common Council hereby requests the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Scoping, Design
(Phases I-VI), Construction, and Construction Inspection for the Project or portions
thereof, and be it further O,6
RESOLVED, That Common Council hereby recommends that the sum of$1;�3 ,; be
appropriated from the issuance of Bonds (or appropriate in-kind services) and made
available to cover the cost of participation in the above phase of the Project, and be it
further
RESOLVED, That Common Council hereby recommends in the event the full federal
and non-federal share costs of the project exceeds the amount appropriated above,
Common Council of the City of Ithaca shall convene as soon as possible to appropriate
said excess amount immediately upon the notification by the NYSDOT thereof, and be it
further
RESOLVED, That Common Council recommends that the Mayor of the City of Ithaca of
the County of Tompkins be and is hereby authorized to sign all necessary Agreements
with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca
and the Superintendent of Public Works be authorized to sign all necessary construction
documents, contracts, certifications and reimbursement requests, and be it further
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RESOLVED, That this project be undertak6n with the understanding that the final cost
of the City of Ithaca will be roughly B-48% of the final approved project cost, currently
estimated at $138.-7V0-of the $2,141,000 authorized for this project, in monies and in-
kind services, as naged by the Superintendent of Public Works and monitored by the
City of Ithaca Con oiler, and be it further 2 �U��0
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y 7 ��
RESOLVED, That Common Council authorizes the Superintendent of Public Works to
administer the above project, and be it further
RESOLVED, That this resolution shall take effect immediately, and be it further
RESOLVED, That said funds be derived from the issuance of Bonds with later
reimbursement from Federal/State Aidyao-,d bt t4
�m owEns
10.5 DPW — Request to Amend Authorization for Capital Proiect 460 Stewart
Avenue Bridge over Fall Creek- Resolution
WHEREAS, the Common Council at its regular meeting of June 5, 2002, approved
Capital Project #460 Stewart Avenue Bridge over Fall Creek in the amount of $211,000
for Design only, and
WHEREAS, a Project rehabilitation of Stewart Avenue Bridge over Fall Creek ("the
Project"), is eligible for funding under Title 23 U.S. Code as administered by the Federal
Highway Administration ("FHWA"), as amended that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal funds and approximately
14% of non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI),
Construction, and Construction Inspection; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project 460 "Stewart
Avenue Bridge over Fall Creek, Construction Phase" by the amount of $1,930,000, and
be it further
RESOLVED, That Common Council hereby requests the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Scoping, Design
(Phases I-VI), Construction, and Construction Inspection for the Project or portions
thereof, and be it further
RESOLVED, That Common Council hereby recommends that the sum of$1,930,000 be
appropriated from the issuance of Bonds (or appropriate in-kind services) and made
available to cover the cost of participation in the above phase of the Project, and be it
further
RESOLVED, That Common Council hereby recommends in the event the full federal
and non-federal share costs of the project exceeds the amount appropriated above,
Common Council of the City of Ithaca shall convene as soon as possible to appropriate
said excess amount immediately upon the notification by the NYSDOT thereof, and be it
further
RESOLVED, That Common Council recommends that the Mayor of the City of Ithaca of
the County of Tompkins be and is hereby authorized to sign all necessary Agreements
with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca
and the Superintendent of Public Works be authorized to sign all necessary construction
documents, contracts, certifications and reimbursement requests, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the City of Ithaca will be roughly 6.48% of the final approved project cost, currently
estimated at $138,700 of the $2,141,000 authorized for this project, in monies and in-
kind services, as managed by the Superintendent of Public Works and monitored by the
City of Ithaca Controller, and be it further
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Z�,00,0
fi 1,gq,$IA�
RESOLVED, That Common Council authorizes the Superintendent of Public Works to
administer the above project, and be it further
RESOLVED, That this resolution shall take effect immediately, and be it further
RESOLVED, That said funds be derived from the issuance of Serial Bonds with later
reimbursement from Federal/State Aid.
• Il
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~~CFL3.0% 03
STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION
333 EAST WASHINGTON STREET
SYRACUSE, N.Y. 13202
JON P. EDINGER,P.E. JOSEPH H. BOARDMAN
REGIONAL DIRECTOR COMMISSIONER
May 27, 2003
Mr. Hernando Gil, Bridge Engineer
City of Ithaca
108 East Green Street
Ithaca, New York 14850
Dear Mr. Gil:
RE: STEWART AVE. BRIDGE
CITY OF ITHACA, PIN 375399
Enclosed please find six copies of the Supplemental Agreement and sample
resolution for Construction, Construction Inspection and Supervision for the above
mentioned project.
Please return six entire copies of the agreement and resolution, all with original
signatures, back to us as soon as possible to allow for the necessary processing.
This agreement is in a Non-Marchiselli format. If Marchiselli funding should
become available, we will do a superceding agreement to make that funding available.
If you have any questions or concerns about the enclosed agreement, please
contact Peter Bartolotta at (315) 428-4409.
Very truly yours,
ALBERT S. VETTER, P.E.
Regional Planning and Program Manager
anis M. Gross
Associate Transportation Analyst
Encl.
Supplemental Agreement Cover for all Local Agreements(SUPPL_v1.wPD)
MUNICIPAL SPONSOR:City of ithaca
PROJECT ID NO. 375399 BIN#
PHASE:Construction,Construction Inspection and Supervision
SUPPLEMENTAL AGREEMENT Schedule No. 1 to
MASTER AGREEMENT (Comptroller's Contract No. D017609)
This Agreement, effective this day of 19— , is by and between the New York
State Department of Transportation ("NYSDOT"), having its principal office in the Administration and
Engineering Building, 1220 Washington Avenue, State Campus, Albany, NY 12232, on behalf of New
York State ("State"),
and
the City of Ithaca (the "Municipality")
acting by and through the Mayor
with its office at 108 East Green Street, Ithaca, NY, 14850 .
This agreement supplements or amends the existing Master Agreement between the parties that
consists of the agreements titled (check applicable categories):
® MASTER Federal Aid/Local Aid (Non-Marchiselli) Project Agreement dated 8/9/02 ;
❑ MASTER Federal Aid & Marchiselli Aid Project Agreement-MM1 dated
❑ SUPERSEDING MASTER Federal Aid & Marchiselli Aid Project Agreement-MM2
dated
❑ MASTER Marchiselli Aid Project Agreement/Supersedes prior Federal Aid/Local Aid Project
Agreement- MM3 dated ;
❑ Prior SUPPLEMENTAL AGREEMENT Nos. to any of the above, dated
in the following respects only (check applicable categories):
® Adds a Supplemental Schedule A, numbered as Schedule Al , in accordance with the
provisions of such Master Agreement for such Supplemental Schedules;
® Amends a previously adopted Schedule A by (check applicable categories):
❑ amending a project description;
® amending the scheduled funding;
® amending the phase completion date;
• Amends a previously adopted Schedule B: Phases, Susbphase/?Tasks, and Allocation of
Responsibility.
• Amending the text of the Master Agreement as described below:
Complete Amendment to Master Agreement Text here (as applicable)
1
An Ordinance to amend Article VII and Article XII of the Code of
the City of Ithaca to change the time period for housing
inspections and the duties of the Building Commissioner thereto.
Whereas, Common Council passed a Housing ordinance in 1974 that
requires all rental units to be inspected on a three year cycle
and all owner occupied single family homes to be inspected every
five years, and
Whereas, Ithaca is unique among other municipalities in New
York because it provides off campus housing for two colleges .
Ithaca has over 10, 000 housing units of which only 29% are owner
occupied, and
Whereas, Ithaca' s Housing Ordinance was based on the State
Model Housing Code that suggested the three-year cycle for
rental dwellings, and
Whereas, it has been recently determined that it is impossible
to conduct inspections at this frequency with the limited number
of staff persons in the Building' Department, and
Whereas, A committee composed of Building Department Staff,
Alderpersons, Landlords and Ithaca Neighborhood Housing Service
staff determined that, excluding owner occupied homes, the Pcch �
Building Department inspection cycle is approximately once every
4 . 7 years, and
Whereas, This committee further determined that buildings that
require significant enforcement attention should be inspected
more frequently and that only rental units should be required to
be inspected and hold a valid Certificate of Compliance as a
condition for building occupancy.
Now, Therefore be it
Resolved, That the City of Ithaca' s Housing Standards, Chapter
210 of the Code of the City of Ithaca be revised to reflect
inspection cycles consistent with the Housing Committee' s
findings, and
Be it further resolved, that Sections 210-42 , 210-43 and 210-75
be amended so that all rental dwelling units are required to be
inspected every 5 years except those dwellings with more than 10
unrelated persons which shall be required to be inspected every
2 yearsl �
vv � I
ORDINANCE 2003
KEY: Strike a.b.r^..g = delete
Underline = proposed text
Section 1. Section 219-42 shall be amended by deleting the
current language and substituting a new Section 210-42 (A) and
(B) , as follows :
210-42 . Inspections.
All rental units shall be inspeeted every three years by the
Building epartmen it shall be-the-respe 4lity ef the ewner
of the-rental-preperty(-ies) te-schedule ----r --e -- - and ^v„
appli-eatrens fer this-eery reate-ef eemp4-ianee. The Building
Department shall sehedule-nspeetienefairy- rental units fer
ieh a-valid e e rtfreate e f-eemp l i anee is net in
A. Every 5 years all rental dwelling units, except dwellings
with more than 10 unrelated persons, shall be inspected by the
Building Department . A dwelling unit, or a building with a
dwelling unit, occupied by more than 10 unrelated persons shall
be inspected every 2 years. The Building Department shall
schedule inspections of any rental units for which a valid
certificate of compliance is not in effect .
B. It shall be the responsibility of the owner of a rental
property to schedule inspections and to obtain a certificate of
compliance from the Building Department .
Section 2 . Section 210-43 shall be amended by deleting Sections
210-43 (A) and 210-43 (B) and substituting new Sections 210-43 (A)
and 210-43 (B) , as follows :
210-43 . Certificate of Compliance
A.The-Building Department shall issue every three-years--a
eert ieate-ef eemplianee with all-applieable ei-ty and state
eedes-te-all rental units ^gyred-in 210-42 .
All rental units, except dwellings occupied by 10 or more
unrelated persons, shall be required to hold a valid certificate
of compliance. Such certificate shall be valid for a period of
not more than 5 years. Before the expiration of the certificate,
it shall be the responsibility of the owner of the rental
property to schedule a housing inspection with the Building
Department in order to obtain a new certificate of compliance.
Rental units with 10 or more unrelated persons shall also be
required to hold a valid certificate . This certificate of
compliance shall be valid for a period of not more than 2 years.
Prior to the expiration of the certificate, it shall be the
responsibility of the owner of the rental property to schedule a
housing inspection with the Building Department in order to
obtain a new certificate of compliance.
B. The Bull-ding-Department shall net issue a eerti€reate €
eemplianee te- any rental-pias desert ed in 210 42- that is in
vi e iat ien e f any apple able-ems-e r state e a de.
B. No certificate of compliance can be issued to any rental unit
that is in violation of any applicable City or State code.
C. Failure of an owner of any rental unit to hold a valid
Certificate shall be deemed a violation of the housing code and
such dwelling unit may be ordered by the Building Commissioner
to be vacated until the property is brought into compliance with
this chapter.
Section 3 . Section 210-43 (D) shall be amended by adding new
Sections 210-43 (D) and 210-43 (E) and renumbering the current
Sections 210-43 (D) , 210-43 (E) , accordingly, as follows :
D. verified over-occupancy will result in the immediate
revocation of a certificate of compliance.
E. All owners holding former three-year certificates of
compliance, except those owning a dwelling occupied by more than
10 unrelated persons, may renew their certificate on a yearly
basis for a maximum of two years without reinspection if the
owner and the property meets the following criteria:
(1) An application is filed with the Building Department that
the owner wishes to extend the certificate of compliance for one
year. The application will not be considered complete until the
owner can show that the property has had all requited annual
inspections of the building systems, has a current owner
authorization form and a current lease agreement for off-street
parking if required.
(2) An application for the extension of a certificate of
compliance must be accompanied by all appropriate independent
annual inspection reports (sprinklers/smoke
detection/HVAC/chimneys/ fire extinguishers/elevators etc. ) .
Building Department forms verifying that the independent
inspector used applicable testing standards must be signed by
such independent inspector where a property has a required smoke
detection system, sprinkler system, has fire extinguishers or
(an) elevator (s) and accompany the inspection reports.
(3) That during the time that the certificate was first valid,
the Building Department has not verified any life safety
complaint nor has verified more than 2 heat complaints in any
one heating season, nor has verified more than three quality of
life complaints (exterior maintenance, parking in front yards,
violations of the sign ordinance) . Furthermore, that there has
been no emergency response by IFD to the premise; no verified
illegal use of the building' s cellar, basement, attics or
floors; or, verification by the Building Department that the
property is not in compliance with the Housing Ordinance.
(4) That the application to extend a certificate of compliance
for an additional year be completed before the certificate of
compliance expires. If the application is found incomplete and
the certificate expires, the property owner will automatically
lose the ability to extend the certificate of compliance and
will be subject to reinspection.
D. F. The fee for a certificate of compliance shall be based
on the following:
(1) Thirty dollars plus $30 per hour for the time spent by the
Inspector at the premises doing the initial inspection to
determine whether the premises are in compliance with the
Housing Code; plus
(2) If, at the time the initial inspection is done, the
premises are not in compliance with the Housing Code, $30 per
hour for all time spent by the Inspector regarding the premises
after such initial inspection, including but not limited to the
time spent in correspondence, review of the appropriate files,
transportation and further inspections.
-9. G. Upon the issuance of a certificate of compliance, the
property owner shall be billed for services rendered at the
rates established pursuant to Subsection DF (1) and (2) . This fee
shall be paid to the City Chamberlain within 30 days of the
billing date. If the required fee is not paid within 30 days of
the billing date, the City Chamberlain shall enter the same as a
lien against the premises as provided in § C-54 of the Charter
of the City of Ithaca. The Chamberlain shall add the same to the
next assessment roll of general city taxes and shall collect and
enforce the assessment in the same manner and by the same
proceedings, at the same time and with the same penalties as the
general city tax and as a part thereof, except that, in addition
to the penalties provided for in the aforementioned provisions,
interest shall accrue from the date of billing to the date of
actual payment at 12% per annum or $3 per month, whichever is
greater.
F. H. The exclusive administrative remedy for a property
owner wishing to appeal the amount of the bill which has been
established pursuant to Subsection -DF (1) and (2) is to file a
notice of appeal with the Building Commissioner within seven
days of the mailing date to the property owner of the bill for
the inspection services. When a notice of appeal is filed, the
Building Commissioner, using the regulations of the Housing
Board of Review, shall schedule the matter at the next possible
regular meeting of the Housing Board of Review. The property
owner then has the responsibility to perfect the appeal to the
Housing Board of Review, by submitting three copies of the
appeal and detailing the reasons why the property owner believes
the fee is not justified. The property owner bears the burden of
establishing that the accounting submitted by the Inspector of
the time spent for initial inspection, correspondence, review of
the appropriate files, transportation, further inspections or
other time spent is inaccurate. The Housing Board of Review
shall have the authority to approve or reject such appeal in
whole or in part .
Section 4 . Section 210-75 (C) (1) shall be amended by deleting the
current language and substituting a new Section 210-75 (C) (1) , as
follows :
210--75. Powers and duties of the Building Commissioner.
C. It shall be the duty of the Building Commissioner:
—Te-eau s e :perre drc ?-nsiseeti-E1ns cv-bc made, net; rcee -csn�s
ever-y five-yea:Fe,of all piremi-se-e within the seepe-ef apr-'l=ab,
(1) To cause periodic rental housing inspections to be made, not
less than every 5 years, except for dwelling units with more
than ten unrelated occupants which shall be inspected not less
than every two years, for compliance with all applicable housing
standards. Inspections may be made more often or of any dwelling
unit at the discretion of the Building Commissioner.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon publication.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
s � �
�p .,,.` BUILDING DEPARTMENT
�RAT�O Telephone: 607/274-6508 Fax: 607/274-6521
MAY ] 2003
L%s
MEMORANDUM i
.Sy
TO: Pat Vaughn, Chair Budget and Administration Committee
FROM: Phyllis Radke, Building Commissioner F'e--
RE: Request to Amend City of Ithaca's Housing Ordinance
DATE: May 16, 2003
At the request of Mayor Cohen, a Housing Ordinance Review Committee was formed in
January to examine the City's housing inspection criteria.' The focus of the committee
was most specifically drawn to the mandated frequency of inspections for rental units and
owner-occupied single family homes and the actual number of inspections building
department staff conducts.
The City of Ithaca's Housing Ordinance was adopted in 1974. It requires that all dwelling
units be inspected on a frequency of every three years and all owner-occupied single
family homes every five years. This inspection cycle was not determined by any analysis
of number of housing units with respect to a given size work force. Instead it was
predicated on what kind of inspection cycle New York State Department of State
suggested under their Model Housing Code to safeguard the safety, health, and welfare of
residential occupants throughout New York State.
Unfortunately what the Housing Ordinance Review Committee determined over the past
few months is what we have suspected for a number of years; the department does not
have enough staff to inspect housing at the frequency required under Ithaca's Housing
Ordinance. What we deduced is that if we excluded all owner-occupied single family
homes, that rental dwelling units are inspected by building department staff no more than
once every 4.7 years.
From my perspective, this is an unacceptable level of enforcement. The City supports off-
campus housing for two colleges, is comprised of over 10,000 dwelling units of which
less than 30% are owner-occupied, has a population with a median age of 22, and has its
majority of dwelling units in buildings between 65 and 100 years old. Ultimately the
inability to inspect on a more timely basis will lead to our inability to keep these
buildings safe and vital. However, keeping the inspection cycle unrealistically high
'Members of the committee were: Susan Blumenthal,Common Council,Jane Marcham,Planning Board,
Larry Beck, Landlord's Association,Chris Anagnost,Landlord,Chair,Housing Board of Appeals,Paul
Mazzarella,Director of Ithaca Neighborhood Housing,Tom Nix,Mike Dickerson,and Phyllis Radke,City
of Ithaca Building Department.
"An Equal Opportunity Employer with a commitment to workforce diversification." ro
To: Pat Vaughn, Chair Budget and Administration Committee May 16, 2003
From: Phyllis Radke, Building Commissioner
Re: Request to Amend City of Ithaca's Housing Ordinance Page 2
subjects the City to litigation for not inspecting dwelling units within the required time
frame. Our Ordinance must be amended to reflect what the City can achieve.
To this end, the Housing Ordinance Review Committee set out to determine how best to
utilize the building department's resources and consequently proposes new and more
attainable housing inspection cycles. The Committee proposes requiring that only rental
properties be inspected and hold valid Certificates of Compliance as a condition of
occupancy. The cycle for rental housing will be once every five years except for dwelling
units with more than 10 unrelated persons. These buildings, because they demand
significant enforcement attention but are relatively few in numbers, will be inspected
every two years.
Many good landlords keep their Certificates of Compliance current by scheduling
inspections every three years. This leads to inspecting the volunteers instead of those that
choose to wait until caught. Because our inspection staff is so limited, the building
department must concentrate on those buildings that have avoided inspection for a
number of years. To some extent,proposed changes to the Housing Ordinance will
finally reward those property owners that have been diligent in the upkeep of their
properties all along. Property owners that find that their three-year Certificate of
Compliance is about to expire can have their certificate extended for up to two years if
they provide supporting documentation attesting that required system inspections have
been maintained.
PR/kb
Attachment
§232-69 ITHACA CODE § 232-70
[4] A record of all trips made in chronological order, showing the destination,
the time dispatch,the time returned and the amount of the fare.
r
[5] A statement of the licensee whether or not the vehicle is clean and in safe
operating condition at the start and end of each work tour. �-
[6] A record of all accidents and any other incident, such as lost property or
assistance to police,including all times and places.
(b) These records shall be retained by the owner for at least three years and shall be
furnished to the Chief of Police within five working days after written request.
(9) Color schemes and trademarks:maintain a licensed taxicab with the colors with which
it is registered at the time of issuing of the license for the taxicab and avoid the use of
any colors which may tend to confuse the public as to the identity of the taxicab or
which might tend to cause unfair competition.
(10) Interior light: provide each taxicab with sufficient interior light so that when any door
of the taxicab is open the light shall automatically operate.
(11) Seat belts: provide each--taxicab with seat belts in a number sufficient for each
passenger therein.
(12) Driver employees list: furnish current lists of driver employees with the Chief of
Police upon demand.
(13)Driver delinquency reports: furnish reports to the Chief of Police upon the discharge
of any driver where the discharge is based on the conduct of the driver in violation of
this article.
(14) Driver hiring procedure: inquire at the office of the Chief of Police prior to hiring any
driver in order to ascertain that the driver has a current Ithaca taxi driver's license.
(15) Vehicle transfer: promptly report to the Chief of Police the transfer of ownership of
any vehicle licensed hereunder and concurrently turn in to the Chief of Police the
taxicab license issued for the use of such vehicle.
(16) Supervisory responsibility: be responsible for diligently supervising all employees to
assure compliance by them with this article. The failure to do so may be cause for
revocation or suspension of the owner's taxicab license or licenses.
§232-70. Rates.[Amended 3-5-1997 by Ord.No.97-3;2-41998 by Ord.No.98-2]
A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown on a
map and schedule entitled"Taxicab Zones and Rates, City of Ithaca," which said map and
schedule appended herewith are hereby declared to be a part of this article.l Except as
provided in Subsection B below,the prices that may be charged by the owners or drivers of
taxicabs for the transportation of passengers within the city shall not exceed the amounts
shown on said map and schedule under the heading "Zone Charges— One Passenger," or
1 Editor's Note:The Taxicab Zone and Rates Schedule is located at the end of this chapter.
23226 9-15-2M
§232-70 LICENSING OF BUSINESSES AND OCCUPATIONS § 232-70
for additional passengers, all as shown on said schedule. Every three years, during the
month of April, the amounts shown on said map and schedule will be reviewed to
determine if the rate schedule in force at the time remains appropriate. The following
notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules
for fares in the City of Ithaca,together with the full text of the city's rate law, are available
upon request from the driver of this taxicab, according to city ordinance." [Amended
5-3-2000 by Ord.No.2000-51
B. Rate rules.
(1) Zone line rates. When the destination of the taxicab is the dividing line between two
zones,the fare for the lesser zone will be charged.
(2) Children. One child five years of age or under shall ride free if accompanied by an
adult passenger. No driver shall be required to convey any child under the age of five
years unaccompanied by an adult.
(3) Seniors. Passengers 65 years of age or older shall be granted a discount of$0.85 in
regulated fares. [Amended 5-3-2000 by Ord.No.2000-5]
(4) Additional passengers. A taxicab driver may charge $0.50 fare for each additional
passenger of the same party and same destination.
(5) Late night surcharges. A taxicab driver may charge an additional $0.50 per passenger
for each trip commencing or terminating between 1:00 a.m.and 5:00 a.m.
(6) Baggage. No charge will be made for two suitcases, no larger than two feet by two
feet by six inches in size, and one travel bag for each.passenger. A charge of$1 for
each oversized or additional piece of luggage under 25 pounds shall be authorized. A
charge of $5 for footlockers or luggage over 25 pounds shall be authorized. Each
passenger shall be allowed to carry up to five papers or 10 plastic grocery bags at no
charge.A charge of$0.25 for each additional grocery bag shall be authorized.
(7) Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is
equipped with suitable racks.
(8) Tip solicitation. No driver shall solicit tips, gratuities or any additional charges other
than those authorized by this article. However, nonsolicited voluntary tipping is
permitted.
(9) Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating or
terminating in the City of Ithaca, the taxicab driver shall agree with the passenger
prior to the commencement of the trip for the rate to be charged, which shall include
all tolls required to be paid.
(10) Prepayment. A taxicab driver shall have the right to demand payment of the legal fare
in advance and may refuse employment unless so prepaid.
(11) Group rides. No taxicab driver shall carry any person other than the passenger first
employing the taxicab without consent of such passenger.
(12) Waiting time.After a person has hired a taxicab,there shall be no charge for up to five
minutes during which the taxicab waits for the passenger at the passenger's request.
23227 9-15-2000
§ 232-70 ITHACA CODE § 232-72
There shall be a charge of$2 for each additional five minutes or any portion thereof.
The taxicab driver shall inform the passenger of the charge for waiting time at the
time of request.
(13) Disputed fares. In the event that there is a dispute between the taxicab driver and a
passenger with respect to a fare,the taxicab driver shall submit the dispute to the desk
officer in charge at police headquarters. If the passenger then makes payment
according to the amount determined by said police officer, the passenger shall be
given a receipt.by the taxicab driver of the amount paid, which shall be witnessed by
the police officer. If the passenger pays under protest, such fact shall be recorded by
the desk officer, who shall make a memorandum of the dispute and the disposition
made.The disposition of the dispute shall not be binding in a court.
(14) Taxicab owner shall furnish each driver with a copy of the rate rules, supplied by the
City Clerk, and shall instruct their drivers to apply the rules fairly and consistently,
advising them that charges must not be exceeded under any circumstances.
§232-71. Taxicab stands.
A. Generally. It shall be unlawful for any taxicab not licensed to operate in the City of Ithaca
pursuant to this article to occupy any portion of a taxicab stand in the City of Ithaca. No
taxicab shall stand within 10 feet of any crosswalk or remain unattended at any taxicab
stand.
B. Number and location.The City Traffic Engineer and the Chief of Police shall designate the
location of taxicab stands in the city using metal signs. They shall specify whether or not
the stands are for exclusive use by taxicabs.
§232-72. Suspension,revocation or refusal to renew licenses;hearings.
A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab driver's or taxicab
license and may refuse to approve an application or a renewal thereof for any of the
following reasons:
(1) Violations: the applicant or licensee has not satisfied or has violated any of the
provisions of this article.
(2) Prior revocation or suspension: the applicant, any officer, director, stockholder or
partner or any other person directly or indirectly interested in the application for a
taxicab license was the former holder or was an officer, director, partner or
stockholder in a corporation or a partnership which was the former holder of a taxicab
license which had been revoked or suspended.
(3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit to
be a licensee in the best interest of the public welfare and safety.
B. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or
revoked or who has had a renewal refused or any individual to whom an initial license has
been refused shall be granted a hearing before the Community Police Board within 30 days
after written request therefor has been made to the Chief of Police. At the hearing, such
23228 9-15-2000
LICENSING OF BUSINESSES AND OCCUPATIONS
Taxicab Zones and Rates Schedule
Gtfrctive DwIQ:
tch ), 1991
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$.50 fare for each additional passenger of the same party
Late night surcharge - $.50 per passenger between 1:00 AM
and 5:00 AM
Zone Charges-One Passenger
Departure Zone
1 2 3 4 5 6
1 4.10 4.60 4.60 4.60 5.10 5.10
2 4.60 4.10 4.60 4.60 5.10 5.10
3 4.60 4.60 4.10 4.60 4.60 4.60
4 4.60 4.60 4.60 4.10 4.60 4.60
5 5.10 5.10 4.60 4.60 4.10 4.60
6 5.10 5.10 4.60 4.60 4.60 4.10
23233 9-15-2"0
.r D � � =� �e � s�� of`fie_
Whereas, the City of Ithaca collects many different types of revenues using many
different types of collection software, causing inefficiencies and duplication of effort, and
Whereas, in consultation with IBM, City staff reviewed the need for new Accounts
Receivable and Revenue collection software, and has developed a Request for Proposal
document for such software to address the needs of the City, and
Whereas, a review of vendors by City staff shows that software may be acquired and
implemented for a total cost of$400,000 or less, and
Whereas, City staff has identified additional revenues and funds in current budget
expense lines that would cover the cost of the software and its implementation,now
therefore be it
Resolved, that Common Council supports the issuance of the Request for Proposal for
Accounts Receivable and Revenue Collection Software, and be it further
Resolved,that the final project budget will be submitted to Council for approval based on
the responses to the Request for Proposal.
Proposal for Funding AIR Software Project Beginning in F 2004
Item Amount Budget line
IT 2003 budget items: Annual remote monitoring services' $10,440.00 5435
Workstation replacements(56 total) $77,800.00 CP-211
Microsoft workstation licensing(306 total)2 $51,714.00 CP-211
Beginning in 2004,we will reallocate Annual remote monitoring services $10,440.00 5435
these amounts for the A/R project: Reduce workstation replacements by 10 $14,000.00 CP-2113
From Microsoft contract $31,714.00 CP-2113
(leaves$10K for OS upgrades,$10K for
application upgrades)
Total IT contribution: $56,154.00
Annual Chamberlain's Office contribution: Traffic ticket collections4 $26,000.00 1 NLQ �
Total annual contribution: $82,154.00
5-year grand total: $410,770.00
1-In 2003,the IT Department will use these funds to purchase its own remote monitoring resources.
I T-
2-Currently,the City is out of compliance with the State's Microsoft agreement.To come into compliance will cost
the City$161K.And the City would still have to pay the$52K in October as its annual maintenance fee.Instead of
updating and renewing the Microsoft agreement,the City will migrate to a more affordable office suite called StarOffice.
We can provide a copy of StarOffice for every computer in the City for under$20K.In 2003,then,we will use$20K
for StarOffice,$10k for training materials,and$21,714 for operating system upgrades.Beginning in 2004,we will retain
$10k annually for training materials, and$10k annually for operating system upgrades, applying the remainder to the
A/R project for 5 years.
3-This amount could be put into the operating budget beginning in 2004,leaving the remainder to be capitalized,if needed.
4-Any traffic ticket collections beyond the$26,000 will be used to reimburse the IT Department
up to its contribution level. Any amount beyond that will be allocated to the General Fund.The
IT Department will use the reimbursed funds to reinstate the level of workstation replacements,
and to clean up the many database problems around the City.
City of Ithaca
Summary of Fines
As of 5/29/2003
Fines
2003 2003 2002 2002
Budget Actual Actual % Actual
full year To date To date Difference Difference full year
A1110 Prosecutor $ 18,000 $ 18,422 $ 13,512 $ 4,910 36.34% $ 216,954
A1420 Attorney $ 202,000 $ 61,005 $ 72,426 $ (11,421) -15.77% $ -
A1130 Traffic Violations $ 160,000 $ 34,139 $ 62,167 $ (28,028) -45.09% $ 165,789
A3120 Police Dept $ 420,000 $130,623 $151,445 $ (20,822) -13.75% $ 351,571
Total $ 800,000 $244,189 $299,550 $ (55,361) -18.48% $ 734,314
WHEREAS, a listing of all City owned properties considered appropriate for sale was
generated in 2001 and
WHEREAS, 254 Floral Avenue, Tax Map Number 74.-3-15 was one of the properties
identified as appropriate for sale, and
WHEREAS, 254 Floral Avenue was removed from the 2002 City Property Auction
pending demolition of the inhabitable house on the parcel, and
WHEREAS, the parcel was sold at the 2003 City Property Sale as an empty lot, now
therefore be it
RESOLVED, That the Mayor be and hereby is authorized to execute any and all
instruments necessary to complete this sales transaction by quit-claim deed.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
i
COMMON COUNCIL
Po1G7E0 Telephone: 607/274-6570
To: Common Council
From: Susan Blumenthal
Re: Appointments of City Employees to Boards and Commissions
Date: May 21,2002
The Budget and Administration Committee has asked me to prepare a memo
presenting my point of view on the subject of appointing City employees to serve on
City boards and commissions. This topic came up in February when the mayor
requested Common Council approval to seat an employee as a member of the Board
of Fire Commissioners. I also raised this issue a few years ago, so I appreciate that
Common Council is now taking up this question in a formal way.
The fundamental problem with employees serving on boards is that full
membership on a board or commission gives an employee the right to vote. While
City employees often have valuable information and knowledge about specific city
issues, I feel it is inappropriate to have employees on City boards. This is not
because I expect it to lead to occasional or frequent legal conflicts of interest,which
are regulated anyway,but because of the appearance of a conflict and a potential for
very awkward situations. The tension is more apparent when the appointment is in
the area that an employee directly works than dit is to a board where an employee
has a stated interest but it is outside their work area. In the former case, employees
shouldn't be deciding upon issues that they will later be responsible for
administering because that violates a separation of function and system of checks
which are a safeguard. A grayer area is the latter,when an employee would like to be
on a board that is not directly related to their work.
The primary purpose of citizen boards is to broaden the representation of
views presented and to increase the public's access and involvement in their
government. City employee appointments deter from a strong effort to involve the
public on city boards and take up slots intended for the public. Appointing City
employees has the potential to create murky and uncomfortable situations for
citizens on boards. The staff peopple appointed to these positions can have close
relationships to those in power. Or people can be imbued with additional power
simply by their close connection to someone or by a person's status in a City
department. City employees can have inside knowledge that other board members
lack. While this might in certain circumstances be an advantage to the entire board,
it creates the possible perception and/or reality of disproportionate influence and
City staff can use their connections or knowledge to exert disproportionate
influence. Lastly, these appointments have the potential to create mistrust, and
unnecessarily reinforce a sense on the part of the public that City Hall is run by
insider cliques, breeding cynicism about government.
An Equal Opportunity Employer with a commitment to workforce diversification." co
Liaison and staff support roles provide an opportunity for people to participate
in discussions about a topic of interest,whereby they can provide valuable
information and expertise and share in a two-directional learning process, a valuable
experience for all involved. I have experienced these mutual benefits in my capacity
as a liaison. Julie Holcomb, City Clerk, discusses the benefits of appointing
employees to City boards as a"positive way to improve communication with City
government, foster professional growth, and improve employee morale." (March 26,
zoo2 memo) These are beneficial outcomes of employee participation,but I believe
that City employees can realize nearly all the advantages by serving as liaisons or as
non-voting board members.
My impression is that there is a lack of clarity about the roles of liaisons and
staff support positions. For example, I've been told that it isn't clear whether
opinions can be expressed by those serving in these capacities and that has created a
desire for staff to be appointed as members of advisory commissions and boards.
Council members also serve as liaisons and it may be that Council members aren't
certain about whether they are to simply provide information or whether it is
appropriate for them to express an opinion. I believe Common Council should
articulate a written policy in writing which describes the roles and responsibilities of
liaison and staff support positions. This way everyone will be clear and comfortable
that there is an opportunity for City staff to participate in board work as part of their
regular jobs.
Please note that the opinions expressed here are by no means intended to
impugn the integrity of any of the City employees currently serving on or wishing to
serve on City boards and commissions. I would like to acknowledge the
contributions that have been made by individual staff members who care about the
city and have given generously of their time.
To: Budget & Administration Committee
From: Patricia Vaughan, chair
Subject: Employees on City Boards and Commissions
Date: May 21, 2002
The most important assets in any organization are the employees, and those at the
city of Ithaca are certainly special. They make it possible for the City to do more
with less each year, and they show by their enthusiasm and dedication that they are
truly imbued with the mission and values statement the City has adopted.
These employees can also serve the City in other ways — as volunteers in civic
organizations or as volunteers on City boards and commissions. They provide a
pool of competent citizens whose talents can be useful to their community in many
ways outside their job classifications.
And yes, many of them are citizens of our City. Telling them they can't participate
as citizens in the many boards and commissions of the City is limiting their rights
as citizens. We ask them to live here, and we should welcome their full
participation in our City's life.
What is the message we give employees when we tell their they can't serve on our
boards and commissions?
The City Attorney's response to my questions on this topic was that only issues of
conflict of interest with a particular employee's job would bar service on City
boards and commissions. An appointment to a board or commission whose charter
lies outside of the employee's regular job area would be entirely appropriate.
The Director of Human Resources concurs with this opinion, and supports the idea
of appointing employees to city boards and commissions.
I also believe that we should welcome employees as volunteers on City boards and
commissions, though they should not serve in any capacity where there might be a
conflict of interest with their regular jobs.
I believe that we should begin the process of making this an explicit part of our
City Charter, so that there is no question in the future of our intentions, and so that
no future Mayor or Council can deny our employees this additional opportunity to
serve their community.
June 11, 2002
Dear Common Council members:
I am writing to express my views on the issue of municipal employee appointments to
city boards and advisory committees. For those of you who may not know me, I have had
the privilege of serving on several such bodies. I am currently a member of the BPAC,
and I was a member of the Planning and Development Board for most of the 1990's and
chair of that Board for several years. My views on this issue were brought into focus
earlier this year when BPAC was faced with the prospect of a municipal employee as
chair of the BPAC. I did not think this was good move. The fact that at least three
previously appointed members of BPAC or its immediate predecessor had worked in city
hall or been married to sitting Common Council representatives suggested to me that
something was more than randomly amiss with city appointment policies. Some of the
following language is based on a memo I sent to other BPAC members in January 2002.
In my view the fundamental purpose of city advisory boards ought to be exactly what the
name implies - to provide decision makers with the advice of city residents. To my mind,
this means first and foremost offering a formal channel of communication and
recommendation to individuals and constituencies who do not have built-in access to
decision makers through other means. While city employees are likely to bring insight,
expertise, and keen interest to such boards, I become concerned when City Hall appoints
persons who have close personal or professional relationships to elected officials. The
closer the relationship, the greater my concern. The more responsible the position in
either dimension(e.g. committee chair on the one hand, department head on the other)
the greater my concern.
Why? I am primarily concerned because I think these appointments are likely to deepen
mistrust in government. I think they unnecessarily reinforce a sense on the part of the
public that city hall is run by insider"cliques." I further think it reflects badly on the city
insofar as it makes us seem unfortunately, and I believe inaccurately, like an inbred,
backwater community. Although I am hardly naive about the issues involved with
finding "qualified" individuals willing to serve on boards that demand much time and
stress for little thanks, I cannot accept that in our engaged and talented community of
almost 30,000 we cannot fill our boards with a full complement of citizens who do not
already have some kind of special access to government leaders. Giving up too soon is an
unacceptable form of laziness in a real democracy. And there is more at stake here than
mere perception: every seat occupied by a municipal employee is not occupied by another
citizen.
I am sympathetic to the notion that city employees are citizens too, and I doubt that an
absolute ban on appointments is warranted. Instead, I would much prefer if such
appointments were simply the rarest of exceptions. However, if there is as great a
prevalence as I perceive, some kind of formal policy guidance could be useful. (Beyond
my own experience, I do not have a tally of the numbers of employee appointments.)
As a member now of a committee that has struggled in the past to achieve policy
relevance, I am also not unaware of the benefits (at least in theory) of closer advisory
board connections to policy makers. Nonetheless I think that the benefits of good
communication with City Hall and access to staff expertise are not best achieved through
board appointments. Instead, I think it is much more appropriate when this kind of access
comes through appointment of official council or staff liaisons, and/or when staff
expertise is clearly beneficial, assigned professional staff support.
Let me conclude by noting that I suspect that any application of the term"conflict of
interests"would be misleading in this context. I believe that municipal appointments to
purely advisory boards --which by definition have no formal decision making powers --
bear little if any relation to the question of personal gain or financial stake that is at the
heart of conflict of interest concerns. In any event, in the absence of evidence to the
contrary, I would assume that existing policies and guidelines covering conflicts of
interest would cover municipal employees as adequately as other citizens.
Thanks for your attention.
Sincerely,
David Kay
Mayor - Request to Authorize Mayor to Sign Contract and Amend
2003 Authorized Budget
WHEREAS, the City has received confirmation from the New York
State Department of State of a $48, 500 Federal Grant from the
Great Lakes Restoration Program to construct a gravel-filled
infiltration basin and trench at the Sciencenter, and
WHEREAS, the grant requires a 50% local match, which will come
from the Sciencenter, and
WHEREAS, the City will subcontract with the Sciencenter and act
as a pass-through for the federal funds from the State; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the Mayor to
sign all necessary contracts for the Great Lakes Restoration
Grant Program, including subcontract agreements, and be it
further
RESOLVED, That Common Council hereby authorizes the 2003 Budget
be amended for said grant pass-through as follows :
Increase Revenue Account :
A4991 Federal Aid, Water Capital Project $48, 500
Increase Appropriation Account
A8745-5435 Flood & Erosion Control Contracts $48, 500
STATE AGENCY(Name and Address): NYS COMPTROLLER'S#: C006232
NYS Department of State ORIG. AGENCY CODE: 19000
41 State Street
Albany,NY 1223 1-0001
CONTRACTOR(Name and Address): TYPE OF PROGRAM: Great Lakes Restoration
Program-Federal Grant Award NA170Z1131 -
CFDA 11.419
City of Ithaca
City Hall
108 East Green Street STATE SHARE FUNDING AMOUNT FOR
Ithaca,NY 14850-5690 INITIAL PERIOD $48,500.00
LOCAL SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $48,500.00
FEDERAL TAX IDENTIFICATION NUMBER: INITIAL ONTRACT PERIOD:
15-6000406 FROM: '►1+ �, �oa;Z TO: June 30, 2004
MUNICIPALITY#
APPENDICES ATTACHED TO AND PART OF THIS AGREEMENT
APPENDIX A: Standard clauses as required by the Attorney General for all state contracts
APPENDIX Al Including
i
Attachments 1, 2, & 3 thereto: Agency-specific clauses
APPENDIX B: Budget
F.PPENDiX C: Payment and Reporting Schedule
APPENDIX D: Program Workplan
APPENDIX E: Certification
APPENDIX X: Modification Agreement Form(to accompany modified appendices for
changes in term or consideration on an existing period or for renewal
periods)
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates
below their signatures.
Contract No. C006232
CONTRACTOR STATE AGENCY:
City of Ithaca New York State Department of State
By: UlAeayl By:
Alm -77s-. C(44 c c--,
(Print Name) (Print Name)
Title: ,r- Title:
Date: K Date:
State Agency Certification
"In addition to the acceptance of this contract, I
also certify that original copies of this signature
page will be attached to all other exact copies of
this contract."
ACKNOWLEDGMENT
State of New York
County of iss:
On thisday of o , 20Q5before me personally came
�Arl CC�nEC� to me known, who, being by me duly sworn, did depose and say that
he/she/they reside(s) in -i!Tt m nQL,�) 'll)ck (if the place
of resident is in a city, include the street and street number, if any, thereot); that he/she/they is(are) the
(title of officer or employee) of the (name
of municipal corporation), described in and which executed the above instrument; and that he/she/they signed
his/her/their name(s) thereto by a ority of the governing body of said municipal corporation.
PAWN WL TOFOE1
/ NdwV p b�WS d Nw 1R�R
fft'NOTARY PUBLIC
�- Nov.26.
ATTORNEY GENERAL'S SIGNATURE: Approved:
Alan G. Hevesi
Title: Comptroller
Date:
By:
Date:
2
STATE OF NEW YORK
AGREEMENT
The AGREEMENT is hereby made by and between the State of New York agency(STATE)and the
public or private agency (CONTRACTOR) identified on the face page hereof.
WITNESSETH:
WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and
operation of program services and desires to contract with skilled parties possessing the necessary resources to
provide such services; and
WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and
possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or
have performed the services required pursuant to the terms of this AGREEMENT;
NOW, THEREFORE, in consideration of the promises,responsibilities and covenants herein, the
STATE and the CONTRACTOR agree as follows:
I. Conditions of Agreement
A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the
AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or
superseding PERIOD shall be on the forms specified by the particular State agency, and shall be
incorporated into this AGREEMENT.
B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page
hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the
appropriate appendix for that PERIOD.
C. This AGREEMENT incorporates the face pages attached and all of the marked appendices
identified on the face page hereof.
D. For each succeeding PERIOD of the AGREEMENT, the parties shall prepare new appendices, to
the extent that any require modification, and a Modification Agreement(the attached Appendix X is
the blank form to be used). Any terms of this AGREEMENT not modified shall remain in effect for
each PERIOD of the AGREEMENT.
To modify the AGREEMENT within an existing PERIOD the parties shall revise or complete the
appropriate appendix forms(s). Any change in the amount of consideration to be paid, or change in the
term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall
be processed in accordance with agency guidelines as stated in Appendix Al.
E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The
CONTRACTOR shall provide services and meet the program objectives summarized in the Program
Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws,rules and
regulations, administrative and fiscal guidelines; and where applicable, operating certificates for
facilities or licenses for an activity or program.
F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this
AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its
subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this
AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and
the STATE.
G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes
precedence over all other parts of the AGREEMENT.
3
H. Payment and Reportine
A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment
office (identified in Appendix C) any appropriate documentation as required by the Payment and
Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the
STATE.
B. The STATE shall make payments and any reconciliations in accordance with the Payment and
Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of
contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or
in the respective Appendix designating the payment amount for that given PERIOD. This sum shall
not duplicate reimbursement from other sources for CONTRACTOR costs and services provided
pursuant to this AGREEMENT.
C. The CONTRACTOR shall meet the audit requirements specified by the STATE.
III. Terminations
A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and
the CONTRACTOR.
B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to
the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this
AGREEMENT and/or with any laws,rules,regulations, policies or procedures affecting this
AGREEMENT.
C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions
set forth in Appendix A 1.
D. Written notice of termination,where required, shall be sent by personal messenger service or by
certified mail, return receipt requested. The termination shall be effective in accordance with terms of
the notice.
E. Upon receipt of notice of termination,the CONTRACTOR shall cancel,prior to the effective date
of any prospective termination, all outstanding obligations, and agrees not to incur any new obligations
after receipt of the notice without approval by the STATE.
F. The STATE shall be responsible for payment or claims pursuant to services provided and costs
incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses
and obligations arising from the program(s) in this AGREEMENT after the termination date.
IV. Indemnification
A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all
accident and/or injuries to person(including death) or property arising out of or related to the services
to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The
CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from
claims, suits, actions, damages and costs of every nature arising out of the provision of services
pursuant to this AGREEMENT.
B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be
an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for
any right based upon any different status.
V. Proverty
Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is
deemed to be the property of the STATE except as may otherwise be governed by Federal or State
laws,rules or regulations, or as stated in Appendix A1.
4
Vl. Safeguards for Services and Confidentiality
A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in
a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence
to religion in general or particular religious beliefs.
B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity.
or for activities that may influence legislation or the election or defeat of any candidate for public
office.
C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall
be maintained and used only for the purposes intended under the contract and in conformity with
applicable provisions of laws and regulations, or specified in Appendix Al.
APPENDIX A
Standard Clauses for All New York State Contracts
The parties to the attached contract, license, lease, amendment or origin, age, sex, or disability: (a)discriminate in hiring against
other agreement of any kind(hereinafter, "the contract"or"this any New York State citizen who is qualified and available to
contract") agree to be bound by the following clauses which are perform the work; or(b)discriminate against or intimidate any
hereby made a part of the contract(the word"Contractor"herein employee hired for the performance of work under this contract.
refers to any party other than the State,whether a contractor, Contractor is subject to fines of$50.00 per person per day for
licenser, licensee, lessor, lessee or any other party): any violation of Section 220-e or Section 239 as well as possible
termination of this contract and forfeiture of all moneys due
1. EXECUTORY CLAUSE. In accordance with Section 41 of hereunder for a second or subsequent violation.
the State Finance Law,the State shall have no liability under this
contract to the Contractor or to anyone else beyond funds 6. WAGE AND HOURS PROVISIONS. If this is a public
appropriated and available for this contract. work contract covered by Article 8 of the Labor Law or a
building service contract covered by Article 9 thereof,neither
2. NON-ASSIGNMENT CLAUSE. In accordance with Contractor's employees nor the employees of its subcontractors
Section 138 of the State Finance Law,this contract may not be may be required or permitted to work more than the number of
assigned by the Contractor or its right, title or interest therein hours or days stated in said statutes, except as otherwise
assigned, transferred conveyed, sublet or otherwise disposed of provided in the Labor law and as set forth in prevailing wage and
without the previous consent, in writing, of the State and any supplement schedules issued by the State Labor Department.
attempts to assign the contract without the State's written consent Furthermore, Contractor and its subcontractors must pay at least
are null and void The Contractor may,however,assign its right the prevailing wage rate and pay or provide the prevailing
to receive payment without the State's prior written consent supplements, including the premium rates for overtime pay,as
unless this contract concerns Certificates of Participation determined by the State Labor Department in accordance with
pursuant to Article 5-A of the State Finance law. the Labor Law.
3. COMPTROLLER'S APPROVAL In accordance with 7. NON-COLLUSIVE BIDDING REOUIRErIENT.In
Section 112 of the State Finance Law(or, if this contract is with accordance with Section 139-d of the State Finance Law, if this
the State University or City University of New York, Section 355 contract was awarded based upon the submission of bids,
or Section 6218 of the Education Law), if this contract exceeds Contractor warrants,under penalty of perjury,that its bid was
S 15,000 (or the minimum thresholds agreed to by the Office of arrived at independently and without collusion aimed at
the State Comptroller for certain S.U.N.Y. and C.U.N.Y. restricting competition. Contractor further warrants that, at the
contracts),or if this is an amendment for any amount to a time Contractor submitted its bid,an authorized and responsible
contract which,as so amended,exceeds said statutory amount,or person executed and delivered to the State a non-collusive
if, by this contract,the State agrees to give something other than bidding certification on Contractor's behalf.
money when the value or reasonably estimated value of such
consideration exceeds S 10,000, it shall not be valid,effective or S. INTERNATIONAL BOYCOTT PROHIBITION. In
binding upon the State until it has been approved by the State accordance with Section 220-f of the Labor Law and Section
Comptroller and tiled in his office. 139-h of the State Finance Law, if this contract exceeds$5,000,
the Contractor agrees, as a material condition of the contract, that
4. WORKERS' COMPENSATION BENEFITS. In neither the Contractor nor any substantially owned or affiliated
accordance with Section 142 of the State Finance Law,this person, firm,partnership or corporation has participated, is
contract shall be void and of no force and effect unless the participating, or shall participate in an international boycott in
Contractor shall provide and maintain coverage during the life of violation of the federal Export Administration Act of 1979(50
this contract for the benefit of such employees as are required to USC App. Sections 2401 et seq.)or regulations thereunder. If
be covered by the provisions of the Workers'Compensation such Contractor, or any of the aforesaid affiliates of Contractor,
Law. is convicted or is otherwise found to have violated said laws or
regulations upon the final determination of the United States
5. NON-DISCRIMINATION REQUIREMENTS. In Commerce Department or any other appropriate agency of the
accordance with Article 15 of the Executive Law(also known as United States subsequent to the contractors execution,such
the Human Rights Law)and all other State and Federal statutory contract, amendment or modification thereto shall be rendered
and constitutional non-discrimination provisions,the Contractor forfeit and void. The Contractor shall so notify the State
will not discriminate against anv employee or applicant for Comptroller within five(5) business days of such conviction.
employment because of race, creed, color,sex, national origin, determination or disposition of appeal(2NYCRR 105.4).
age,disability or marital status. Furthermore, in accordance with
Section 220-e of the Labor Law, if this is a contract for the 9. SET-OFF RIGHTS. The State shall have all of its common
construction,alteration or repair of any public building or public law, equitable and statutory rights of set-off. These rights shall
work or for the manufacture, sale or distribution of materials, include, but not be limited to, the State's option to withhold for
equipment or supplies,and to the extent that this contract shall the purposes of set-off any moneys due to the Contractor under
be performed within the State of New York, Contractor agrees this contract up to any amounts due and owing to the State with
that neither it nor its subcontractors shall, by reason of race, regard to this contract, any other contract with any State
creed, color,disability,sex, or national origin: (a)discriminate department or agency, including any contract for a term
in hiring against any New York State citizen who is qualified and commencing prior to the term of this contract,plus any amounts
available to perform the work;or (b)discriminate against or due and owing to the State for any other reason including,
intimidate any employee hired for the performance of work without limitation, tax delinquencies, fee delinquencies or
under this contract. If this is a building service contract as monetary penalties relative thereto. The State shall exercise its
defined in Section 230 of the Labor Law, then, in accordance set-off rights in accordance with normal State practices
with Section 239 thereof,Contractor agrees that neither it nor its including, in cases of set-off pursuant to an audit, the finalization
subcontractors shall by reason of race,creed, color,national
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of such audit by the State agency, its representatives,or the State for labor, services,supplies,equipment,materials or any
Comptroller. combination of the foregoing,to be performed for,or rendered
or furnished to the contracting agency;or(ii)a written agreement
10. RECORDS. The Contractor shall establish and maintain in excess of$100,000.00 whereby a contracting agency is
complete and accurate books,records, documents, accounts and committed to expend or does expend funds for the acquisition,
other evidence directly pertinent to performance under this construction, demolition,replacement, major repair or
contract(hereinafter,collectively, "the Records"). The Records renovation of real property and improvements thereon; or(iii) a
must be kept for the balance of the calendar year in which they written agreement in excess of$100,000.00 whereby the owner
were made and for six(6)additional years thereafter. The State of a State assisted housing project is committed to expend or
Comptroller, the Attorney General and any other person or entity does expend funds for the acquisition,construction, demolition,
authorized to conduct an examination, as well as the agency or replacement, major repair or renovation of real property and
agencies involved in this contract, shall have access to the improvements thereon for such project, then: (a)The Contractor
Records during normal business hours at an office of the will not discriminate against employees or applicants for
Contractor within the State of New York or, if no such office is employment because of race, creed,color,national origin,sex,
available,at a mutually agreeable and reasonable venue within age,disability or marital status, and will undertake or continue
the State, for the term specified above for the purposes of existing programs of affirmative action to ensure that minority
inspection, auditing and copying.The State shall take reasonable group members and women are afforded equal employment
steps to protect from public disclosure any of the Records which opportunities without discrimination.Affirmative action shall
are exempt from disclosure under Section 87 of the Public mean recruitment,employment,job assignment,promotion,
Officers Law(the "Statute")provided that: (i)the Contractor upgradings, demotion, transfer, layoff, or termination and rates
shall timely inform an appropriate State official, in writing,that of pay or other forms of compensation; (b) at the request of the
said records should not be disclosed; and(ii)said records shall contracting agency, the Contractor shall request each
be sufficiently identified; and(iii)designation of said records as employment agency, labor union,or authorized representative of
exempt under the Statute is reasonable. Nothing contained herein workers with which it has a collective bargaining or other
shall diminish,or in any way adversely affect,the State's right to agreement or understanding,to furnish a written statement that
discovery in any pending or future litigation. such employment agency, labor union or representative will not
discriminate on the basis of race,creed, color,national origin,
11. IDENTIFYING INFORMATION AND PRIVACY sex, age, disability or marital status and that such union or
NOTIFICATION. (a)FEDERAL EMPLOYER representative will affirmatively cooperate in the implementation
IDENTIFICATION NUMBER and/or FEDERAL SOCIAL of the contractor's obligations herein; and(c)the Contractor shall
SECURITY NUMBER. All invoices or New York State state, in all solicitations or advertisements for employees, that, in
standard vouchers submitted for payment for the sale of goods or the performance of the State contract,all qualified applicants
services or the lease of real or personal property to a New York will be afforded equal employment opportunities without
State agency must include the payee's identification number, i.e., discrimination because of race, creed, color,national origin, sex.
the seller's or lessor's identification number. The number is either age, disability or marital status.
the payee's Federal employer identification number or Federal
social security number,or both such numbers when the payee has Contractor will include the provisions of"a, "b",and"c" above,
both such numbers.Failure to include this number or numbers in every subcontract over$25,000.00 for the construction,
may delay payment. Where the payee does not have such number demolition, replacement,major repair,renovation,planning or
or numbers, the payee, on its invoice or New York State standard design of real property and improvements thereon(the Work)
voucher,must give the reason or reasons why the payee does not except where the Work is for the beneficial use of the
have such number or numbers. Contractor. Section 312 does not apply to: (i)work,goods or
(b)PRIVACY NOTIFICATION. (1)The authority to request services unrelated to this contract; or(ii)employment outside
the above personal information from a seller of goods or services New York State; or(iii)banking services, insurance policies or
or a lessor of real or personal property, and the authority to the sale of securities.The State shall consider compliance by a
maintain such information, is found in Section 5 of the State Tax contractor or subcontractor with the requirements of any federal
Law. Disclosure of this information by the seller or lessor to the law concerning equal employment opportunity which effectuates
State is mandatory.The principal purpose for which the the purpose of this section. The contracting agency shall
information is collected is to enable the State to identify determine whether the imposition of the requirements of the
individuals, businesses and others who have been delinquent in provisions hereof duplicate or conflict with any such federal law
filing tax returns or may have understated their tax liabilities and and if such duplication or conflict exists, the contracting agency
to generally identify persons affected by the taxes administered shall waive the applicability of Section 312 to the extent of such
by the Commissioner of Taxation and Finance. The information duplication or conflict. Contractor will comply with all duly
will be used for tax administration purpose and for any other promulgated and lawful rules and regulations of the Division of
purpose authorized by law. (2)The personal information is Minority and Women's Business Development pertaining hereto.
requested by the purchasing unit of the agency contracting to
purchase the goods or services or lease the real or personal 13. CONFLICTING TERINIS. In the event of a conflict
property covered by this contract or lease.The information is between the terms of the contract(including any and all
maintained in New York State's Central Accounting System by attachments thereto and amendments thereof)and the terms of
the Director of Accounting Operations, Office of the State this Appendix A,the terms of this Appendix A shall control.
Comptroller,AESOB,Albany,New York 12236.
14. GOVERNING LAW. This contract shall be governed by
12.EQUAL EMPLOYMENT OPPORTUNITIES FOR the laws of the State of New York except where the Federal
MINORITIES AND WOMEN. In accordance with Section supremacy clause requires otherwise.
312 of the Executive law, if this contract is: (i)a written
agreement or purchase order instrument, providing for a total 15. LATE PAYMENT. Timeliness of payment and any
expenditure in excess of$25,000.00, whereby a contracting interest to be paid to Contractor for late payment shall be
agency is committed to expend or does expend funds in return
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governed by Article XI-A of the State Finance Law to the extent Information on the availability of New York State subcontractors
required by law. and suppliers is available from:
16. NO ARBITRATION. Disputes involving this contract, Department of Economic Development
including the breach or alleged breach thereof, may not be Division for Small Business
submitted to binding arbitration(except where statutorily 30 South Pearl Street
authorized), but must, instead, be heard in a court of competent Albany,New York 12245
jurisdiction of the State of New York. 518-292-5220
17. SERVICE OF PROCESS. In addition to the methods of
service allowed by the State Civil Practice Law&Rules
("CPLR"),Contractor hereby consents to service of process upon
it by registered or certified mail, return receipt requested. Service
hereunder shall be complete upon Contractor's actual receipt of A directory of certified minority and women-owned business
process or upon the State's receipt of the return thereof by the enterprises is available from:
United States Postal Service as refused or undeliverable.
Contractor must promptly notify the State, in writing,of each and Department of Economic Development
every change of address to which service of process can be Minority and Women's Business Development Division
made. Service by the State to the last known address shall be 30 South Pearl Street
sufficient. Contractor will have thirty(30)calendar days after Albany, New York 12245
service hereunder is complete in which to respond. http://www.empire.state.ny.us
18. PROHIBITION ON PURCHASE OF TROPICAL The Omnibus Procurement Act of 1992 requires that by signing
HARDWOODS. The Contractor certifies and warrants that all this bid proposal or contract, as applicable,Contractors certify
wood products to be used under this contract award will be in that whenever the total bid amount is greater than$1 million: (a)
accordance with, but not limited to,the specifications and The Contractor has made reasonable efforts to encourage the
provisions of State Finance Law 3165. (Use of Tropical participation of New York State Business Enterprises as
Hardwoods)which prohibits purchase and use of tropical suppliers and subcontractors, including certified minority and
hardwoods, unless specifically exempted, by the State or any women-owned business enterprises, on this project,and has
governmental agency or political subdivision or public benefit retained the documentation of these efforts to be provided upon
corporation. Qualification for an exemption under this law will request to the State,
be the responsibility of the contractor to establish to meet with (b)The Contractor has complied with the Federal Equal
the approval of the State. In addition, when any portion of this Opportunity Act of 1972(P.L. 92-261),as amended;(c)The
contract involving the use of woods, whether supply or Contractor agrees to make reasonable efforts to provide
installation, is to be performed by any subcontractor,the prime notification to New York State residents of employment
Contractor will indicate and certify in the submitted bid proposal opportunities on this project through listing any such positions
that the subcontractor has been informed and is in compliance with the Job Service Division of the New York State Department
with specifications and provisions regarding use of tropical of Labor, or providing such notification in such manner as is
hardwoods as detailed in §165 State Finance Law. Any such use consistent with existing collective bargaining contracts or
must meet with the approval of the State, otherwise,the bid may agreements.The Contractor agrees to document these efforts and
not be considered responsive. Under bidder certifications,proof to provide said documentation to the State upon request; and(d)
of qualification for exemption will be the responsibility of the The Contractor acknowledges notice that the State may seek to
Contractor to meet with the approval of the State. obtain offset credits from foreign countries as a result of this
contract and agrees to cooperate with the State in these efforts.
19. INIACBRIDE FAIR VVIPLOYMENT PRINCIPLES. In
accordance with the MacBride Fair Employment Principles 21. RECIPROCITY AND SAiNCTIONS PROVISIONS.
(Chapter 807 of the Laws of 1992), the Contractor hereby Bidders are hereby notified that if their principal place of
stipulates that the Contractor either(a)has no business business is located in a country, nation, province,state or
operations in Northern Ireland, or(b)shall take lawful steps in political subdivision that penalizes New York State vendors, and
food faith to conduct any business operations in Northern if the goods or services they offer will be substantially produced
Ireland in accordance with the MacBride Fair Employment or performed outside New York State,the Omnibus
Principles(as described in Procurement Act 1994 amendments and 2000 amendments
Section 165 of the New York State Finance Law),and shall (Chapter 684 and Chapter 383 respectively)require that they be
permit independent monitoring of compliance with such denied contracts which they would otherwise obtain. Contact the
principles. Department of Economic Development,Division for Small
Business, 30 South Pearl Street;Albany New York 12245, for a
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the current list of jurisdictions subject to this provision.
policy of New York State to maximize opportunities for the
participation of New York State business enterprises, including
minority and women-owned business enterprises as bidders, Revised November 2000
subcontractors and suppliers on its procurement contracts.
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APPENDIX Al
Agency-Specific Clauses
I. This Agreement has been entered into pursuant to the following understandings:
A. The federally funded Great Lakes Coastal Restoration Grant Program(Program)provides funding for
competitive matching grants to state and local governments for projects which protect and restore
coastal resources and water quality in the Great Lakes watershed.
B. Contractor understands and acknowledges that work under this Agreement cannot be eligible for
reimbursement until such time NOAA/OCRM reviews and approves such project in conformance with
OCRM's GLCRG Final Guidance document. Final approval of the Project by the NOAA Grants
Office including, when applicable,receipt by that office of title opinions and property appraisals
related to the project, is a condition precedent to all obligations set forth in this Agreement,with the
exception that Contractor shall provide title opinions and property appraisals as required by Section IX.
C. of this Appendix.
C. The Department is authorized by such Program to evaluate and determine eligibility of applications for
funding of projects.
D. Based upon information,representations and certifications contained in Contractor's application for
funding, including the Work Program as set forth in Appendix D, the Department has made a
determination of eligibility of funding for Contractor's project under such Program.
E. Federal funds (State Share Funding Amount set forth on the Face Page) for this Project(Appendix D
Program Workplan) are provided pursuant to Federal Grant NA170ZI 131.
F. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its
portion of the cost of the Project.
H. General
A. For the purposes of this Agreement, the terms "State" and "Department" are interchangeable,unless the
context requires otherwise.
B. The contract period as set forth on the Face Page is the inclusive period within which the provisions of
this Agreement shall be performed.
C. No liabilities are to be incurred beyond the termination date and no costs will be reimbursed for such
liabilities unless: 1) fttnds have been reappropriated for the Project in the subsequent State fiscal year,
2)the Department determines that it is in the best interest of the Department and the State to provide
additional time to complete the Project and 3)an extension agreement is approved in accordance with
Section IA. of the Agreement.
D. Subject to the availability of funds, determination by the Department that it is in the best interest of the
State, and upon mutual written consent of the parties, the Multi-Year Term of this Agreement may be
extended by up to two Contract Periods not to exceed twelve months each.
E. The Department shall not be liable for expenses of any kind incurred in excess of the State Funds as set
forth on the Face Page, and shall not be responsible for seeking additional appropriations or other
sources of funds for the Project.
F. The Contractor shall perform all services to the satisfaction of the Department. The Contractor shall
provide all services and meet the program objectives described in Appendix D in accordance with:
provisions of this Agreement; relevant State, federal and local laws, rules and regulations,
administrative and fiscal guidelines; where applicable, operating certificates for facilities or licenses
for an activity or program, and conditions of applicable permits, administrative orders and judicial
orders.
G. The Contractor shall submit with its request for final payment a Final Project Summary Report in the
format described in Appendix Al,Attachment 2 and Measurable Results Forms, such forms to be
provided Contractor by the Department.
H. The Contractor agrees to proceed expeditiously with the Project and to complete the Project in
accordance with the timetable set forth in the Workplan(Appendix D) as well as with the conditions of
any applicable permits, administrative orders, or judicial orders and this Agreement.
I. The Department will provide Contractor with a Quarterly Contractor Report (Appendix A1,
Attachment 3) pursuant to the Department's Minority and Women-owned Business Enterprises
Program. In the event Contractor utilizes Minority and Women-owned Business Enterprises as
discussed in Section XIV in Appendix A 1, such report shall be provided to the Department at the
address on the Quarterly Contractor Report.
III. Certifications
A. The Contractor agrees and warrants to the Department the following:
1. The project is located on publicly owned land or land on which a permanent public interest is
established, and no encumbrances exist which would impair or diminish such public interest.
2. Project is not required by regulation or judicial action.
B. The Contractor agrees to provide, as may be required in the sole discretion of the Department, title
opinions and property appraisals, and/or the Certification of Public Ownership or Control,Appendix E.
IV. Signa-ge
A. For projects involving construction, the Contractor shall cause to be erected at the site of the
construction project, and be maintained during the construction, signs satisfactory to the Department of
State which identify the project and state that the project is being funded under the Coastal Zone
Management Act by NOAA's Office of Ocean and Coastal Resource Management, in conjunction with
the New York State Department of State Coastal Management Program.
B. Upon completion of a construction project, or for any project involving a project site, the Contractor
shall maintain a permanent plaque or sign at the Project which states that the project was funded under
the Coastal Zone Management Act, by NOAA's Office of Ocean and Coastal Resource Management,
in conjunction with the New York State Department of State Coastal Management Program.
V. Additional Requirements for Construction Projects:
A. Project design, including preparation of final plans and specifications, and supervision of construction
shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New
York. The Contractor shall submit final plans and specifications to the Department for its acceptance
before initiating construction work or, if the Contractor intends to subcontract for constniction work,
before the work is advertised for bidding. No change to project plans may be made without the prior
written approval of the Department. Upon completion of the Project, the Contractor shall submit to the
Department a proper certification from a licensed architect or engineer.
B. Contracts for construction in excess of twenty thousand dollars ($20,000) shall be awarded after and in
accordance with competitive bidding requirements of the General Municipal Law. A certified copy of
a summary of all bids shall be submitted to the Department prior to awarding the contract, and an
executed copy of the construction contract will thereafter be submitted to the Department. .
C. All purchase contracts involving an expenditure of more than ten thousand dollars ($10,000) shall be
awarded to the lowest bidder furnishing the required security after advertisement for sealed bids in the
manner provided for in section 103 of the General Municipal Law.
D. The State shall make periodic inspections of the project both during its implementation and after its
completion to assure compliance with this Agreement. The Contractor shall allow the State
unrestricted access to work during the preparation and progress of the work, and provide for such
access and inspection by the State in all construction contracts relating to the project.
E. The Contractor shall be responsible for assuring that the project is designed and constructed in
conformance with the Uniform Federal Accessibility Standards (UFAS -Appendix A to 41 CRF part
101-19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG -Appendix A of
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Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular
design./construction requirement, the one providing for the greatest degree of accommodation for the
disabled shall apply.
F. It is the Contractor's responsibility, pursuant to Section 57 of the Workers'Compensation Law, to
maintain for State audit and review either proof that they have Workers'Compensation coverage for
any employees, or a wavier statement from the New York State Department of Labor. The Contractor
must also obtain from any contractor or sub-contractor hired to provide a service pursuant to this
Agreement, similar proof or waiver from the contractor or subcontractor, and must maintain such
documentation on file for audit.
VI. Reports, Documents and Maps
The covers of the title pages of all reports, studies, or other documents prepared in whole or in part by funds
accorded pursuant to this Contract shall acknowledge the financial assistance provided by the Coastal Zone
Management Act of 1972, as amended, administered by the Office of Ocean and Coastal Resource
Management, National Oceanic and Atmospheric Administration in conjunction with the New York State
Coastal Management Program.
VII. License to use and reproduce documents and other works:
By acceptance of this Agreement, Contractor transfers to the Department a nonexclusive license to use,
reproduce in any medium, and distribute any work prepared for or in connection with the Project, including
but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which
they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in
such works to license pursuant to this Agreement. Such warranty shall survive the termination of this
agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is
acceptable to the Department, to the Department before payments shall be made under this Agreement.
VIII.Contractors Insurance Requirements
A. Prior to the commencement of the Work, the Contractor shall file with the Department of State,
Division of Coastal Resources, Certificates of Insurance evidencing compliance with all requirements
contained in this contract. Such Certificate shall be of form and substance acceptable to the
Department.
B. Acceptance and/or approval by the Department does not and shall not be construed to relieve
Contractor of any obligations,responsibilities or liabilities under the Contract.
C. All insurance required by the Contract shall be obtained at the sole cost and expense of the Contractor;
shall be maintained with insurance carriers licensed to do business in New York State; shall be primary
and non-contributing to any insurance or self insurance maintained by the Department;.shall be
endorsed to provide written notice be given to the Department, at least thirty(30)days prior to the
cancellation,non-renewal, or material alteration of such policies, which notice, evidenced by return
receipt of United States Certified Mail which shall be sent to New York State Department of State, 41
State Street, Albany,New York 12231-0001; and shall name the People of the State of New York and
their directors officers, agents, and employees as additional insured thereunder.
D. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are
subject.
E. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's
Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the
insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the
Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report.
F. The Contractor shall cause all insurance to be in full force and effect as of the date of this Contract and
to remain in full force and effect throughout the term of this Contract and as further required by this
contract. The Contractor shall not take any action, or omit to take any action that would suspend or
invalidate any of the required coverages during the period of time such coverages are required to be in
effect.
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G. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply
the Department updated replacement Certificates of Insurance, and amendatory endorsements.
H. Unless the Contractor self-insured, Contractor shall, throughout the term of the Contract or as
otherwise required by this Contract, obtain and maintain in full force and effect the following insurance
with limits not less than those described below and as required by the terms of this Contract, or as
required by law, whichever is greater(limits may be provided through a combination of primary and
umbrella/excess policies). Where Contractor is self-insured, Contractor shall provide suitable evidence
of such to the Department relating to the risks and coverage amounts as provided hereunder.
1. Comprehensive Liability Insurance with a limit of not less than$1,000,000 each occurrence.
Such liability shall be written on the Insurance Service Office's (ISO)occurrence form CG 00
01, or a substitute form providing equivalent coverages and shall cover liability arising from
premises operations, independent contractors,products-completed operations, broad form
property damage,personal&advertising injury, owners&contractors protective, cross liability
coverage, liability assumed in a contract(including the tort liability of another assumed in a
contract) and explosion, collapse&underground coverage.
a. If such insurance contains an aggregate limit, it shall apply separately to this location.
b. Products and Completed Operations coverage shall include a provision that coverage will
extend for a period of at least twelve(12) months from the date of final completion and
acceptance by the owner of all of Contractors Work.
2. Where the Project described in Appendix D includes the construction of any structure or
building, a Builder's Risk Policy until the Project is completed and accepted in the amount of
the total project cost.
J. Workers Compensation, Employers Liability, and Disability Benefits as required by New York
State. Workers Compensation Policy shall include the U.S. Longshore&Harbor Workers'
Compensation Act endorsement.
4. Comprehensive Automobile Liability Insurance with a limit of not less than$1,000,000 each
accident. Such insurance shall cover liability arising out of any automobile including owned,
leased, hired and non owned automobiles.
5. Commercial Property Insurance covering at a minimum, the perils insured under the ISO
Special Clauses of Loss Form(CP 10 30), or a substitute form providing equivalent coverages,
for loss or damage to any owned, borrowed, leased or rented capital equipm.-nt, tools,
including tools of their agents and employees, staging towers and forms, and property of DOS
held in their care, custody and/or control.
6. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the
Contractor.
I. The Contractor shall require that any subcontractors hired, carry insurance with the same.limits and
provisions provided herein.
J. Professional consultants retained by the Contractor in connection with the Project shall show evidence
of professional liability insurance with limits no less than$1 million.
IX. Proverty
A. Pursuant to the provisions set forth in Section V, page 3 of this Agreement,the ownership of all
property described therein shall reside with the Contractor unless otherwise specified in writing by the
Department at any time during the term of this Agreement and up to thirty(30) days following the
issuance of the final payment.
B. Where the Project is undertaken at a site, Contractor warrants that it has fee simple or permanent public
easement in the site of the Project. Contractor further acknowledges that where such Project is
Al-5
undertaken on or involves the use of lands for active or passive recreational use, it is a material term of
this Agreement that such lands shall be available for such recreational use by the People of the State of
New York. Additionally, Contractor shall not limit access or discriminate on the operation of the
facilities against any person on the basis of place of residence,race, creed, color,national origin, sex,
age, disability or marital status.
C. Where the Project is to be undertaken at a site, Contractor agrees to provide expeditiously to the
Department, for submission to the NOAA Grants Office, such title opinions and property appraisals as
may be required by NOAA for the purposes of obtaining final approval of the Project as provided in
Section I.B. of this Appendix.
X. Year 2000 Warranty
Where the project described in Appendix D involves the creation or purchase of any computer program,
software, hardware or other equipment, the Contractor hereby agrees that its computer software and
equipment(including those with consultants using or maintaining computer equipment) will comply with
the NYS Year 2000 Warranty as stated in Appendix Al (Attachment 1) and will, if so designed, function as
part of the State agency's computer system.
XI. Fees
The Contractor may charge a reasonable fee for the use of any facility which is part of the project.
A. Except for the imposition of a differential fee schedule for non-residents of the municipality in which
the project is located, the establishment of any preferential user fee for any person or entity is
prohibited. Fees charged to non-residents shall not exceed twice those charged to residents.
B. Where there is no charge for residents but a fee is charged to non-residents,non-resident fees cannot
exceed fees charged for residents at comparable State or local public facilities.
C. Reservation, membership or annual permit systems available to residents must also be available to non-
residents and the period of availability must be the same for both residents and non-residents.
D. This provision does not apply to non-residents fishing and hunting license fees.
XH. Alienation
Where the Project is undertaken on or involves parklands, the following additional provisions apply:
A. The Contractor shall not at any time sell or convev any facility or any portion of the Project acquired or
developed pursuant to this Agreement or convert such facility or any portion of the Project to other
than public park purposes without the express authority of an act of the Legislature,which shall
provide for the substitution of other lands of equal fair market value and reasonably equivalent
usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as
shall be approved by State.
B. The Contractor agrees to own a property interest sufficient to maintain and operate the project in
perpetuity. The Contractor shall not authorize the operation of the project, or any portion thereof,by
any other person, entity, or organization pursuant to any management agreement, lease or other
arrangement without first obtaining the written approval of the State.
XHI.Terminations
A. In addition to any other actions authorized by this Agreement, the Department may terminate the
Agreement in the best interests of the State of New York by providing written notice to the Contractor
as provided in this Agreement.
B. The Contractor shall complete the project as set forth in this Agreement, and failure to render
satisfactory progress or to complete the project to the satisfaction of the State may be deemed an
abandonment of the project and may cause the suspension or termination of any obligation of the State.
In the event the Contractor should be deemed to have abandoned the project for any reason or cause
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other than a national emergency or an Act of God, all monies paid to the Contractor by the State and
not expended in accordance with this Agreement shall be repaid to the State upon demand. If such
monies are not repaid within one year after such demand, the State Comptroller of the State of New
York may cause to be withheld from any State assistance to which the Contractor would otherwise be
entitled an amount equal to the monies demanded.
C. In the event that the Department has provided written notice to the Contractor directing that the
Contractor correct any failure to comply with this Agreement, the Department reserves the right to
direct that the Contractor suspend all work during a period of time to be determined by the Department.
If the Contractor does not correct such failures during the period provided for in the notice, this
Agreement shall be deemed to be terminated after expiration of such time period. During any such
suspension, the Contractor agrees not to incur any new obligations after receipt of the notice without
approval by the Department.
XIV.Subcontracting Requirements
The Contractor may subcontract for all or any portion of the activities covered by this Agreement as
provided for in Appendix D, subject to prior written approval by the Department of any subcontractor and
the terms of any subcontract.
XV. Requirements for Contract Map Products (1/01)
A. GENERAL MAP PRODUCT REQUIREMENTS -The following general cartographic requirements
must be adhered to by the Contractor:
1. Map Products --The Division requires delivery of digital map products, unless otherwise
specified in the Request for Proposal (RFP), that meet the specifications outlined in this
GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL
DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. If analog map products
are required by the RFP, they must meet specifications outlined in this GENERAL MAP
PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP
PRODUCT REQUIREMENTS section.
2. Deliverable Format--All digital map and attribute table files must be provided in Mapinfo
Tab file format on Recordable CD, 3.5" floppy diskette media, via e-mail attachment,
preferably in a WinZIP file, or downloadable from an ftp site on the Internet. Alternatively, the
digital products may be provided in UNIX or WindowsNT ARC/IIVFO export format(.e00)or
ArcView shape file format on the same media types upon approval of the Division. All other
digital formats require prior approval of the Division. Coordination with the Division prior to
submission of digital media is required to ensure compatibility of the delivered materials.
3. Documentation --A data dictionary must be included along with the map files describing file
contents and file names, as well as metadata for each file including map projection,
horizontal and vertical datums used, coordinate system,RMS accuracy and log sheet,
information sources and dates, the map maker and date of preparation, and creation
methodology. Data provided under federal funds must be provided in a manner which meets
Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by
Executive Order 12906, April 11, 1994, "Coordinating Geographic Data Acquisition and
Access: the National Spatial Data Infrastructure".
4. Map Accuracy --Unless otherwise stated in the RFP, all deliverable map products must
conform to National Map Accuracy Standards for horizontal and vertical accuracy as
established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947.
For example, for maps at 1:20,000 or smaller,not more than 10% of the well-defined map
points tested must be more than 1150 inch(0.508 mm) out of correct position. At 1:24,000, this
tolerance translates to a required horizontal accuracy of 40 feet. If by prior agreement with the
Division the map product does not conform to National Map Accuracy Standards, then a
statement of actual map accuracy should be included in the Documentation above.
Furthermore, hydrographic surveys and maps should conform to recommended accuracy
standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978,Melvin Ellis
editor, U.S. Government Printing Office, Appendix 6.
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5. Datums --Unless otherwise specified in the RFP, all map products should be referenced to the
North American Horizontal Datum of 1983 (NAD83)and the National Geodetic Vertical
Datum of 1988 (NGVD88).
B. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS-The following
cartographic construction requirements must be adhered to by the Contractor:
1. Edge-matching--All map sheets must be both visually and coordinate edge-matched with
adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable
features must also be identical.
2. Common Boundaries --All features that share a common boundary,regardless of map layer,
must have exactly the same coordinate position of that feature in all common layers.
3. Point Duplication --No duplication of points that occur within a data string is permitted.
4. Connectivity--Where graphic elements visually meet, they must be also digitally meet. All
confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or
"offshoots" are NOT permitted.
5. Line Quality--A high quality cartographic appearance must be achieved. Transitions from
straight lines to curvilinear elements must be smooth, with angular inflections at the point of
intersection. The digital representation must not contain extraneous data at a non visible level.
There should be no jags, hooks, or zero length segments. Any lines that are straight,or should
be straight, should be digitized using only two points that represent the beginning and ending
points of the line.
6. Polygon Closure--For area features being digitized, the last coordinate pair must be exactly
(mathematically) equal to the first coordinate pair. No line or polygon must cross itself except
to join at an actual confluence. All digitized features across map boundaries must be edited to
effect smooth and continuous lines.
7. Graphic Precision --Positional coordinates for all digital graphic elements should not be
reported to a level of precision greater than one thousandth(.001) of a foot.
S. Digitizer Accuracy--The required RIMS error for digitizer accuracy must be 0.003 or better
for digital map registration.
C. ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS-The following
requirements for large scale, non-digita' map products must be followed to facilitate the future
conversion of the maps to digital map products. All large format, non-digital map products must be
provided on stable base material at a scale stipulated in the RFP. The map products must include an
index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the
maps.
1. Base Map Media --All maps must be created on mylar or other stable base material.
2. Map Scale --All maps of a similar series should be created using the same base scale. Unless
otherwise stated by the Division, all maps should be compiled at 1:24,000. If other map scales
are approved by the Division, where possible they will conform to standard map scales such as
1:9600; 1:50,000; 1:75,000; or 1:100,000.
3. Map Registration--The maps must provide a minimum of four(4) corner and four(4)
interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps
must be geometrically correct and should register when overlaid on the appropriate
USGS/NYSDOT quadrangle control ticks.
4. Map Title and Legend --The maps must provide a title and legend block describing the
information contained on the maps, and including the Documentation and Datums
information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and
the map scale.
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5. Cartographic Quality--The quality of all map line work and symbolization must conform to
items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC
FILE REQUIREMENTS section outlined above.
D. CONTRACT DATABASE STANDARDS
1. Delivery Media—All database and tabular files must be provided on digital media as
specified above in Deliverable Format.
2. Software Format--All database and tabular files must be provided in Borland's Paradox for
Windows95 and above version 5.1.0.4 format. Other formats that are convertible to Paradox
may be used with prior approval of the Division.
3. Geographic Attributes --Database and tabular files that contain elements with a geographic
reference must provide a corresponding data field and a geographic coordinate pair for each
feature location.
aVI. Payment and Records Retention
A. Payments shall be made as set forth in Appendix C.
B. The Contractor shall maintain, at its principal place of business, detailed books and accounting records
supported by original documentation relating to the incurring of all expenditures, as well as payments
made pursuant to this Agreement. The Contractor shall make such records available for review by the
Department upon request at any time. The Department shall have the right to conduct progress
assessments and review books and records as necessary. The Department shall have the right to
conduct an on-site review of the Project and/or books and records of the Contractor prior to,and for a
reasonable time following, issuance of the FINAL payment. The Department shall be entitled to
disallow any cost or expense, and/or terminate or suspend this Agreement, if the Contractor has
misrepresented any expenditures or Project activities in its application to the Department, or in this
Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall
maintain such books and accounting records in a manner so that reports can be produced therefrom in
accordance with generally accepted accounting principles. The Contractor shall maintain separate
fiscal books and records for all funds received through the Department pursuant to this Agreement.
C. During the term of this Agreement and for a period of six years after its termination, the Contractor
shall make all such books and records available to the Department and the Office of the New York
State Comptroller, the US Department of Commerce, the Comptroller General of the USA,or their _
designated representatives, for inspection and audit.
XVII. Equal Employment Opportunity
The Contractor hereby assures that it is, and shall be for the duration of this Agreement, in compliance with
the Federal Equal Employment Opportunity Act of 1972 (Public Law 92-261), as amended.
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XVIII. Article 15-A of The New York State Executive Law
The Department of State administers a Minority and Women-owned Business Enterprises(MWBE)
Program as mandated by Article 15-A of the New York State Executive Law. This law supersedes any other
provision in state law authorizing or requiring an equal employment opportunity program or a program for
securing participation by minority and women-owned business enterprises. Under this law, all state
agencies must, subject to certain exceptions, establish goals for minority and women-owned business
participation in certain state contracts and grants. Where MWBE goals are required, even in circumstances
where this goal is zero, a Quarterly Contractor Report is required to be submitted to the Minority and
Women-owned Business Program of the Department on forms provided by the Department.
Article 15-A requires that rules and regulations be established for contracts entered into by the Department.
In accordance with Article 15-A, goals must be set for contracts entered into by the Department in excess of
$25,000 for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and for
contracts entered into by the Department in excess of$100,000 for acquisition, construction, demolition,
replacement, major repair,renovation or improvement of real property. In applying these rules and
regulations, the Department must consider the availability of certified minority and women-owned
businesses in the region in which the state contract will be performed, the total dollar value of the contract,
the scope of work to be performed, and the project size and term.
The contractor will, when required as a part of the bid or proposal, submit a Staffing Plan on the form
provided by the Department. This Plan will detail the work force anticipated in the performance of the state
contract, reported by ethnic background, gender, and Federal Occupational Categories.
After a bid opening and prior to the award of a state contract, the contractor will submit an Equal
Employment Opportunity(EEO) Policy Statement3 to the Department within the time frame established by
the Department. The law requires that, as a precondition to entering into a valid and binding state contract,
the contractor will agree to the following stipulations and will include them in the EEO Policy Statement:
• The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, age, disability or marital status.
• The contractor will undertake or continue existing programs of affirmative action to ensure that
minority group members and women are afforded equal employment opportunities without
discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For
these purposes, affirmative action applies in areas of recruitment, employment,job assignment,
promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of
compensation.
• The contractor will make active and conscientious efforts to employ and to utilize minority group
members and women at all levels and in all segments of its work force on state contracts, and the
contractor will document these efforts.
• The contractor will state in all solicitations and advertisements for employees that, in the
performance of the state contract, all qualified applicants will be afforded equal employment
opportunities without discrimination because of race, creed, color, national origin, sex, age, disability
or marital status.
• The contractor will, at the request of the Department, request each employment agency, labor union,
or authorized representative of workers with which it has a collective bargaining or other agreement or
understanding, to furnish a written statement that such employment agency, labor union, or
representative will not discriminate because of race, creed, color, national origin, sex, age, disability or
marital status, and that such union or representative will affirmatively cooperate in the implementation
of the contractor's obligations herein.
0 The contractor will include the provisions regarding the EEO Policy Statement and the Staffing Plan
enumerated above in each and every subcontract of a state contract in such a manner that the
subcontractor is bound by these requirements.
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• Failure to provide an EEO Policy Statement and a Staffing Plan without reasonable written
justification or commitment to provide these requirements by a specified date will result in rejection of
the contractor's bid or proposal.
• After the award of a state contract,the contractor will submit to the Department a Workforce
Emplovment Utilization Report, on the form supplied by the Department,detailing the work force
actually utilized on the state contract, by ethnic background, gender and Federal Occupational
Categories, as specified on the form. This Report will be submitted to the Department on a quarterly
basis throughout the life of the contract.
• The contractor, and any of its subcontractors,may be required to submit compliance reports relating
to their operations and implementation of their affirmative action or equal employment opportunity
program in effect as of the date the state contract is executed.
Questions regarding this program should be directed to the Minority and Women-owned Business Program
by calling(518) 474-5741. To assist potential contractors, the NYS Directory of Certified Minority and
Women-owned Business Enterprises can be viewed at the Department of State, Minority and Women-owned
Business Program, Eleventh Floor, 41 State Street,Albany,New York 12231-0001. To access the Directory
using the Internet, use the Department of Economic Development website at: http\\www.empire.state.nv.us;
choose "Business Services" then "Minority/Women's Business," then choose "Search the Directory. . .
The Department makes no representation with respect to the availability
or capability of any business listed in the Directory.
XIX.Notice of Public Proceedings
The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks
in advance of all public proceedings, including,but not limited to; public meetings or hearings,relating to
the Project.
XX. Submission of all correspondence and documentation
A. The Contractor agrees to provide the Department with original and two copies of all documentation
relating to this Project, including, but not limited to: notices of public meetings,products described in
Appendix D, and payment request documentation as described in Appendix C.
B. All information as described in A. above shall include the NYS Comptroller's#as indicated on the
Face Page of this Agreement.
XXI,Environmental Review
A. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but
not limited to,permit applications, environmental assessments, designs,plans, studies,environmental
impact statements, findings, and determinations,relating to the Project.
B. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a
material term and condition of this Agreement. In no event shall any payments be made under this
Agreement until Contractor has provided Department with appropriate documentation that contractor
has met any requirements imposed on Contractor by the State Environmental Quality Review Act.
XXII. Fullv-Executed Agreement or Amendment Thereto
A. If this Agreement or amendments thereto, allocates funds totaling$15,000 or less, it shall be deemed to
be fully executed when approved and signed by the Contractor and the Department.
B. If this Agreement, or amendments thereto, allocates funds totaling more than$15,000, it shall be
deemed to be full executed when approved by the Office of the State Comptroller.
XXIII. Statutory and Regulatory Requirements for Federally Assisted Programs and Activities
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A. Title VI of the Civil Rights Act of 1964, as amended(42 USC 2000d), as supplemented in Department
of Commerce regulations (15 CFR Part 8), in accordance therewith no person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal
financial assistance.
B. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794), as supplemented in
Department of Commerce regulations (15 CFR Part 8b), which provides that no otherwise qualified
handicapped individual shall, solely by reason of his/her handicap, be denied the benefits of, be
excluded from participation in, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
C. Age Discrimination Act of 1975, as amended(42 USC 6101-7), which provides that no person in the
United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or
be subject to discrimination under, any program or activity receiving federal financial assistance.
D. The Clean Air Act, as amended(42 USC 1857 et seq.) and the Federal Water Pollution Control Act, as
amended(33 USC 1251 et seq.), as supplemented in Environmental Protection Agency regulations (40
CFR Part 15). The Recipient agrees that in no event shall any amount of the Grant provided under this
Contract be utilized with respect to a facility which has given rise to a conviction under section 113(c)
(1) of the Clean Air Act or section 309(c)of the Federal Water Pollution Control Act. For any
Contract in excess of$100,000, the Recipient further stipulates that:
1. no facility to be utilized in the performance of this Contract is listed on the List of Violating
Facilities issued by the Environmental Protection Agency pursuant to 40 CFR 15.20;
2. it will comply with all of the requirements of section 114 of the Clean Air Act, as amended(42
USC 1857 et seq.) and section 308 of the Federal Water Pollution Control Act, as amended(33
USC 1318), relating to the inspection,monitoring, entry reports, and information, as well as all
other requirements specified in said section 114 and section 308, and all regulations and
guidelines issued thereunder;
3. it will give prompt notice of any notification received from the Director, Office of Federal
Activities, EPA, indicating that a facility utilized or to be utilized for the Contract is under
consideration to be listed on the EPA List of Violating Facilities; and
4. it will include or cause to be included the criteria and requirements in paragraphs a. through d.
in every nonexempt subcontract in excess of$100,000 and will take such actions as the federal
government may direct as a means of enforcing such provisions.
E. Government-wide Debarment& Suspension Certification
In the performance of this contract, the Recipient shall act in accordance with the United States Office
of the Secretary of Commerce, 15 Code of Federal Regulations Part 26, and shall not engage in
business with suspended or debarred parties. The Receipt shall also complete and submit to the
Department, the attached "Certification Regarding Debarment Suspension, and Other Responsibility
Matters -Lower Tier Covered Transactions".
F. Stevens Amendment
When issuing statements, press releases,requests for proposals,bid solicitations, and other documents
describing projects or programs funded in whole or in part with Federal money, all grantees receiving
Federal funds, including but not limited to State and local governments, shall clearly state (1)the
percentage of the total cost of the program or project which will be financed with Federal money and
(2) the dollar amount of Federal funds for the project or program.
G. Compliance with Executive Order 11246 of September 24, 1965 entitled"Equal Employment
Opportunity", as amended by Executive Order 11375 of October 13, 1967 and as supplemented in
Department of Labor regulations (41 EFR Chapter 60) (All construction contracts awarded in excess of
$10,000 by grantees and their contractors or subgrantees).
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H. Compliance with the Copeland"Anti-Kickback"Act(18 U.S.C. 874) as supplemented in Department
of Labor regulations (29 CRF Part 3) (All contracts and subgrants for construction or repair).
I. Compliance with the Davis-Bacon Act(40 U.S.C. 276a to a-7)as supplemented by Department of
Labor regulations(29 CFR Part 5) (Construction contracts in excess of$2,000 awarded by grantees and
subgrantees when required by Federal grant program legislation).
J. Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40
U.S.C. 327-330)as supplemented by Department of Labor regulations(29 CRF Part 5). (Construction
contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other
contracts which involve the employment of mechanics or laborers).
K. Allowable Costs
1. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs as follows:
a. For the costs of a local or Indian Tribal government, the cost principles in OMB Circular
A-87 shall apply.
b. For the costs of a private non-profit organization, the cost principles in OMB Circular A-
122 shall apply.
L. Audit
Subgrantees (Contractors)which expend$300,000 or more in Federal awards in a fiscal year are
responsible for obtaining and submitting audits in accordance with the Single Audit Act of 1996, as
amended, and revised OMB Circular A-133, "Audits of States, Local Governments and Non-Profits
Organization".
Al,Attachment 1
NEW YORK STATE YEAR 2000 WARRANTY STANDARD
1. Definition -For purposes of this warranty, the following definitions shall apply:
a. "Product" shall include, without limitation: any piece or component of equipment, hardware, firmware,
middleware, custom or commercial software, or internal components or subroutines therein which perform
any date/time data recognition function, calculation, comparing or sequencing. Where services are being
furnished, e.g. consulting, systems integration,code or data conversion or data entry,the term"Product"
shall include resulting deliverables.
b. "Vendor's Product" shall include all Product delivered under this Agreement by Vendor other than
Third Party Product.
c. "Third Partv Product"shall include product manufactured or developed by a corporate entity
independent from Vendor and provided by Vendor on a non-exclusive licensing or other distribution
Agreement with the third party manufacturer. "Third party Product"does not include product where
Vendor is: a) a corporate subsidiary or affiliate of the their party manufacturer/developer; and/or b)the
exclusive re-seller or distributor of product manufactured or developed by said corporate entity.
2. Warranty Disclosure
At the time of bid, Product order or Product quote,Vendor is required to disclose the following information
in writing to authorized User:
a) For Vendor Product and for Products (including,but not limited to, Vendor and/or Third party
Products and/or Authorized User's Installed Product) which have been specified to perform as a
system: Compliance or non-compliance of the Products individually or as a system with the Warranty
Statement set forth below; and
b) For Third Party Product Not specified as Part of a System: Third Party Manufacturer's statement of
compliance or non-compliance of any Third party Product being delivered with Third Party
Manufacturer/Developer's Year 2000 warranty. If such Third Party Product is represented by Third Party
Manufacturer/Developer as compliant with Third Party Manufacturer/Developer's Year 2000 Warranty,
Vendor shall pass though said Third Party Warranty from the Third Party Manufacturer to the Authorized
User but shall not be liable for the testing or verification of Third Party's compliance statement.
An absence or failure to furnish the required written warranty disclosure shall be deemed a statement of
compliance of the product(s) or system(s) in question with the year 2000 warranty statement set forth below.
3. Warrantv Statement
Year 2000 warranty `compliance' shall be defined in accordance with the following warranty statement:
Vendor warrants that Product(s) furnished pursuant to this Agreement shall, when used in accordance with
the Product documentation, be able to accurately process date/time data(including,but not limited to,
calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries,
and the years 1999 and 2000, including leap year calculations. Where a purchase requires that specific
Products must perform as a package or system, this warranty shall apply to the Products as a system.
In the event of any breach of this warranty, Vendor shall restore the Product to the same level of
performance as warranted herein, or repair or replace the Product with conforming Product so as to
minimize interruption to Authorized User's ongoing business processed, time being of the essence, at
Vendor's sole cost and expense. This warranty does not extend to correction of Authorized User's errors in
data entry or data conversion.
This warranty shall survive beyond termination or expiration of the Agreement.
Nothing in this warranty shall be construed to limit any rights or remedies otherwise available under this
Agreement.
Al,ATTACHMENT 2
FINAL PROJECT SUMMARY REPORT
Ffinal payment of the grant is dependent upon the satisfactory completion and acceptance by the Department of
State,Division of Coastal Resources of this FINAL PROJECT SUMMARY REPORT along with the requisite
documentation. In addition to the other requirements of the contract, the grant recipient is responsible to relay
the importance, the significance and the value of the completed project to the community,the region and the state
through the completion of the report.
The following outline should be used to complete the FINAL PROJECT SUMMARY REPORT:
1. Project Title:
2. Name of Municipality:
3. Actual Project Costs:
a. State funds expended(identify source, eg. EPF, Clean Water/
Clean Air Bond Act,etc.):
b. Local funds expended:
c. Other funds expended:
4. Project Manager:
Name:
Title:
Mailing address:
Tel.number:
Fax number:
E-mail address:
5. Federal Tax Identification Number:
6. Project Background(briefly explain in a short paragraph why this project was necessary,what its value is
and/or its importance to the community):
7. Project Work(briefly describe the work that was done to complete the project):
8. Project Descriptions (use the following guidelines to describe the project and please be concise in the
description):
a. For a Planning Project describe the findings or recommended strategies.
b. For a Design Project describe what is to be built.
c. For a Construction Project describe what was built.
9. Project Measurable Results: To be completed on forms attached.
10. Project Documentation: The Department of State,Division of Coastal Resources requires a visual
documentation of the Environmental Protection Fund projects. Project products should be visually
documented using a 35mm camera or a digital camera. The 35mm color slides and/or digital camera disc
should be labeled and dated when submitted along with the completed FINAL PROJECT SUMMARY REPORT.
Visuals should illustrate the final project product and, as appropriate, activities undertaken to complete the
project. For example, some projects would call for visuals that include photographs of volunteers
participating in a wetland restoration project(planting Spartina); photographs of historical signs markers,
kiosks, etc. being placed; or photographs of an artist's rendering of a waterfront design.
Design, planning, and construction projects call for different visual documentation. Therefore,the
following guidelines are suggested:
0 For design projects, visuals of renderings and/or graphics that depict the final product.
•For planning projects, visuals of any graphics,where appropriate,that illustrate the final product.
•For construction projects,visuals of work in progress and the finished project.
In addition to the 35mm color slides/digital camera disc, a video(vhs format) of the project with a verbal
description is desirable but not mandatory. The video may be used in a future documentary.
Al, Attachment 3
NYS Department of State •Minority and Women-owned Business Enterprises Program
41 State Street Albany NY 12231-0001 • (518) 474-5741
Minority and Women-owned Business Enterprises (MWBE) Program
Quarterly Contractor Report
INSTRUCTIONS:
1. Please prepare reports based on calendar quarters, or prepare one annual report.
2. Use a separate Report sheet for each contract or program area
3. Record the amount paid for each service/product for the time period identified below.
4. Send completed reports to the Minority and Women-owned Business Enterprises Program at the above address.
REPORT PERIOD
Report should cover a calendar quarter OR the program year. FROM: TO:
Enter the inclusive dates of the quarter or for the program year. r
CONTRACTOR NAME PROGRAM DOS CONTRACT NUMBER
CONTRACTOR ADDRESS Service Area of Contract Norx
i ( )
NAME and TITLE of CONTACT PERSON (Please Print) TELEPHONE NUMBER
TYPE of DESCRIPTION of AMOUNT PAID
VENDOR NAME and ADDRESS VENDOR SERVICE/PRODUCT THIS PERIOD COMMENTS
❑ MBE $
• WBE
• MBE
❑ WBE
❑ MBE
❑ WBE
• MBE
• WBE
❑ MBE
c WBE
❑ MBE
❑ WBE
❑ MBE
❑ WBE
Cl MBE
❑WBE
❑ MBE
❑ WBE
PAGE 1 of
Al -Attachment 4
CONTRACTOR: Agreement#
PROJECT STATUS
As of
(Submit semi-annually and with each payment request.)
Please list all tasks and indicate the status of each. Attach additional pages if necessary.
► Task#should match the task number in the Agreement work program.
► Target Date for completion should match the target date from the work program schedule.
► Percent Completed should show the percent of the task completed as of this report.
► Date Completed should be entered only if the task is 100%complete.
► Products/Accomplishments,Problems Encountered should list products completed or other accomplishments. List
any problems that were encountered,if the task is not on schedule.
Task Target Percent Date of
# Date Completed Completion Products/Accomplishments,Problems Encountered
Please note proposed adjustment(s)to work program/schedule,and reason(s)for proposed adjustment(s):
Estimated date of completion of project:
Please provide the following in ormation:
Name of contact person:
Email Address:
Phone Number: Fax Number:
Appendix B
BUDGET SUMMARY
Design Costs Construction Costs Sub Totals
A. SALARIES&WAGES $ $ $
B. TRAVEL $ $ $
C. SUPPLIES/MATERIALS $ $ $
D. EQUIPMENT $ $ $
E. CONTRACTUAL SERVICES $10,000 $ 87,000 $97,000
F.OTHER(land acquisition) $ $ $
TOTAL PROJECT COST $ 97,000
Total State Funds(50%of Total) $48,500
Total Local Share(50%of Total) $48,500
Appendix B(Budget Detail Sheet)
A. SALARIES&WAGES
Design Costs
TITLE ANNUAL AMOUNT CHARGED TO THIS
SALARY PROJECT
Construction Costs
TITLE ANNUAL AMOUNT CHARGED TO THIS
SALARY PROJECT
SUBTOTAL $0.00
B.TRAVEL.
Design Construction
SUBTOTAL 50.00
C. SUPPLIES/MATERIALS
Design Construction
SUBTOTAL $0.00
D. EQUIPMENT
Design Construction
SUBTOTAL $0.00
E. CONTRACTUAL SERVICES
Design Construction $87,000 to construct stormwater
Survey/Design $10,000 to design a stormwater treament facility treatment facility for parking lot and
and appurtenant educational display construct educational display
showing how system works and its
importance to the area.
SUBTOTAL $97,000.00
F. OTHER
Design Construction
SUBTOTAL $0.00
APPENDIX C
Payment and Reporting Schedule
I. Payment Schedule
A. The Department shall make interim payments for eligible costs incurred up to an amount not to exceed 90%
of the State Funds Requested. The final payment will be made upon satisfactory completion of the Project.
B. Not more frequently than once every 30 days,a properly executed payment request,on forms as prescribed
by the Department,and required work products documenting completion of one or more of the tasks set
forth in Appendix D, Program Workplan,and total project costs incurred to date,may be submitted.
1. Payment provided above shall be made to the Contractor upon the submission by the Comactor of
properly executed payment request. Such request shall contain the following: (1) "Summary
Sheet Documentation Forms" as provided by the Department, for reimbursement of actual and
eligible expenditures,(2)the required Detail Study,and(3)a properly executed State Voucher.
2. Payment requests will be reviewed in accordance with the terms and conditions of this Agreement
to determine total allowable project costs incurred and the number and percentage of allowable
project tasks ,ompleted to date. For the purpose of determining the level of reimbursement,
otherwise allowable project costs may be reduced if the percentage of task completion is deemed
insufficient.
3. Total allowable project costs,adjusted pursuant to 2. above,will be prorated between State Funds
and Local Share costs in the same proportions as Total State Funds is to Total Local Share as set
forth on the Face Page.
4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. above,less all
previous payments to date.
5. The final payment will be issued upon receipt and approval of a payment request marked'FINAL"
documenting all project costs incurred and tasks completed and submission of the Final Project
Summary Report and Measurable Results Forms. Such final payment request shall be submitted
within 60 days following the ending date of this Agreement.
II. Reportine
A. Payment requests as described in I.B. above shall be certified by a duly authorized representative of the
Contractor as accurately representing such accomplishments and expenses as recorded in the Contractor's
accounting records, including,where goods or services are provided by third parties not party to this
Agreement, a certification that any payment obligations arising from the provision of such goods or services
have been paid by the Contractor and do not duplicate reimbursement or costs and services received from
other sources.
B. Notwithstanding the above requirements,upon written notification by the Department,the Contractor may
be required to submit source documentation and additional verification of allowable expenditures.
C. Payment requests shall be submitted to:
New York State Department of State
Contract Administration Unit-LWRP
41 State Street- 10th Floor
Albany,New York, 1223 1-0001
D. Claimed expenditures per cost category may not exceed the amounts indicated in the Budget,Appendix B,
by ten percent(10%) without approval of the Department,provided that the Total Project Cost as set forth
in Appendix B, Budget Summary is not exceeded. Any expenditure in excess of such 10%or that changes
the State Share or Local Share funding amount shall require an amendment to the Project Budget submitted
in writing by the Contractor and approved by the Department. No expenditures shall be allowed for items
not set forth in the Project Budget without written approval of the Department.
III. Other
A. Notwithstanding the submission of timely and properly executed payment requests,the Departmentshall be
under no obligation to make payment for expenditures incurred without the prior Department approvals
and/or amendments required under this Agreement and, further,shall have the right to withhold anysuch
payment pending the execution of such approval and/or amendment.
B. Interest income earned on funds received pursuant to this Agreement shall be used to further the purpose of
this Project or shall be deducted from total eligible cost to determine the net eligible costs to be reimbursed
by the Department.
C. The Department shall have the right to conduct on-site progress assessments and reviews of the Project and
Contractor's books and records during the life of this Agreement and for a reasonable time following
issuance of the FINAL payment. The Contractor shall furnish proper facilities,where necessary or useful,
for such access and inspection.
D. The Department shall be entitled to disallow any cost or expense,or terminate or suspend this Agreement, if
found that the Contractor has misrepresented any expenditures or project activities in this Agreement, or in
any progress reports or payment requests made pursuant hereto.
E. The Contractor shall maintain separate fiscal books and records for all funds received through the
Department and project activities conducted pursuant to this Agreement,and shall make all such books and
records available to the Department,the Office of the State Comptroller,or their designated representatives
for inspection and audit for a period of six years following termination of this Agreement.
APPENDIX D
PROGRAM WORKPLAN
Contractor: City of Ithaca
Program Contact Person: Charles H. Trautmann Tom West
Phone: (Office) 607-272-0600 x26 (607) 274-6530
(Fax) 607-277-7469 (607) 274-6587
1. Project Name and Description: Sciencenter Stormwater Reduction Project
The City of Ithaca has evaluated a 1.8-acre site on First Street, with 100 parking spaces and 23,000
square feet of parking area to determine runoff volumes.The site, home of the Ithaca Sciencenter, is
adjacent to Cascadilla Creek, which drains into Cayuga Lake approximately 1/4 mile downstream.
Currently, runoff from the parking area drains into a single catch basin,which itself drains directly into
the Creek.
This project will construct a gravel-filled infiltration basin and infiltration trench adequate to retain the
runoff from a 0.75-inch rainfall event and adequate to remove at least 80% of suspended sediments, as
well as achieve removal of some other pollutants,including pathogens.The design, already completed,
incorporates ease of maintenance as a factor.
2. Proiect Work Plan Tasks:
Task 1: Conduct initial project meeting.
The City of Ithaca(the Contractor) shall arrange an initial project meeting with the New York State
Department of State (the Department), and representatives of the Sciencenter(Consultant) to review the
contract requirements and details of the project, in particular project designs (including plans and
specifications),required permits and approvals, SEQRA documentation, links to educational programs,
necessary photo documentation, and anything that should be reflected in a Request for Proposals (RFP),
if applicable.
The Consultant(Sciencenter) shall prepare and send a brief summary of the meeting to the Department.
The summary will clearly indicate the agreements/anderstandings reached.
For project attribution and project signage requirements, see Sections VI and V A, Agency-Specific
Clauses, of the Contract.
Product(s): Meeting summary indicating agreements/understandings reached.
Task 2: Select consultant(s), if applicable.
The Contractor shall provide to the Department justification for selection of any consultants to be used. If
the Contractor anticipates reliance on a sole source subcontract, the Contractor shall supply justification
noting such factors as unique ability to perform the relevant tasks, ongoing relationships, or unique data
sources relevant to the project, or other factors supporting the decision.
The Contractor shall prepare and submit to the Department a draft subcontract with the Consultant(s) that
contains a detailed work plan, total cost and a payment schedule with payments tied to receipt of
products identified in the subcontract. The Contractor shall incorporate the Department's comments on
the draft, and provide the Department with a copy of the executed consultant subcontract.
Product(s): Letter of justification for sole-source subcontract to the Sciencenter.Draft and executed
consultant subcontract(s)between City of Ithaca(Contractor) and Consultant(s) .
Task 3: Perform site reconnaissance and prepare designs.
A. Verify site reconnaissance.
The Consultant shall demonstrate to the Department the following has been included in site
reconnaissance and project design, as applicable:
Site survey showing extent of project boundary and description of site conditions including depth
to groundwater
Identification of land areas contributing runoff to the outfall
Identification of ownership/grant/lease status of any underwater lands to be incorporated into the
design
Identification of soil types
Topographic and hydrologic survey
Identification of fixed-point photo stations for routine monitoring
Product(s): Site reconnaissance maps and related written and graphic material at a scale of 1/8" = 1
foot, showing the above information.
'B. Prepare designs.
The Consultant shall prepare designs, including plans and specifications, and all required drawings,
maps, tables, data, narrative, cost estimates consistent with agreements/understandings reached at the
initial project meeting noted in Task 1 above.
Designs and specifications shall include at a minimum, the following:
The infiltration basin will retain and treat runoff from the site 1.8 acre site, including
approximately 100 parking spaces and 13,500 square feet of roof area, for a minimum 3/4"
rainfall event. The basin must be designed to remove at least eighty per cent(80%)of the
suspended solids and sediments in the runoff.
Preparation of the designs, including plans and specifications, shall be subject to the following
requirements:
1) Designs must address the cause(s)of sediment in the runoff rather than simply
addressing symptoms.
2) Designs shall incorporate best management practices in the Guidance Specifying
Management Measures for Sources of Nonpoint Pollution in Coastal Waters(1993),
issued under Section 6217(g)of the Coastal Zone Act Reauthorization Amendments :f
1990 (viewable at http://www.epa.gov/owow/nps/MMGI/),the Department of
Environmental Conservation Management Practices Catalogues for Nonpoint Source
Pollution Prevention and Water Quality Protection in New York State and/or the New
York State Stormwater Management Design Manual (2001), (viewable at
http://www.dec.state.ny.us/website/dow/swmanual.html).
3) Written material, e.g., narrative, tables, data, and cost estimates shall also be submitted in
electronic form on a 3.5" floppy disk in WordPerfect. Where required, maps shall be
made available in a reproducible format, either Mylar or digital.
The Contractor and its consultant shall submit draft designs to the Department and incorporate the
Department's comments in final designs, and provide copies of the final designs to the Department.
Product(s): Draft and final designs including plans and specifications and an implementation
strategy.
C. Prepare implementation strategy and schedule for ongoing monitoring and maintenance.
The Contractor shall prepare and submit to the Department a strategy for implementation of the project
and a schedule for ongoing monitoring and maintenance of the project. The strategy shall cover details
such as staging, phasing, and timing of project, including any construction windows required by permit
conditions or approvals. The schedule shall contain details of monitoring and maintenance of the project
including regular removal of sediment and debris to insure that project objectives are achieved and
maintained over the long term. In the event that the project is not functioning as designed, the Contractor
shall contact the Department to make arrangements for a meeting with the Department and DEC to
discuss steps the Contractor shall take to make the project successful.
Product(s): Implementation strategy and schedule for ongoing monitoring and maintenance.
Task 4: Submit copies of documentation of compliance with State Environmental Quality Review
Act and all required permits and approvals.
The Contractor and its consultant shall verify all necessary permits or other approvals. Refer to
Appendix A-1, "Environmental Permits". Potential permit and approval agencies include:
1) federal agencies such as the U.S. Army Corps of Engineers;
2) the NYS Department of State,pursuant to the consistency provisions of the federal
Coastal Zone Management Act;
3) other State agencies such as the NYS Department of Environmental Conservation; the
NYS Office of General Services pursuant to the Public Lands Law or similar authorization in
order to use or occupy certain State owned lands or waters overlying those lands;
4) agencies of Tompkins County, City of Ithaca, or special purpose district, including but
not limited to: town boards, boards of trustees, or city councils; planning commissions,boards or
departments; or building or health officials.
The Contractor shall submit copies of SEQRA documents and all required permits and approvals to the
Department of State.
Product(s): Copy of all SEQRA documentation and all required permits and approvals.
Task 5: Provide proof of permanent public interest
Prior to construction the Consultant or the Contractor shall submit to the Department proof that the work
to be undertaken will be on public land or on land for which there is a permanent public interest, such as
a conservation easement.
Product(s): Proof of public land or permanent public interest.
Task 6: Select subcontractor(s),if applicable.
The following shall be required if any work in Tasks 7 through 9 or portions thereof will be undertaken
through subcontract(s).
A. Prepare bid documents for construction and select subcontractor.
Based on the Department-approved designs, the Consultant shall prepare bid documents for any project
construction work to be subcontracted. The Contractor shall review bids received and, considering bid
amount and the qualifications of each bidder shall, subject to Department approval, select the
subcontractor(s) to carry out construction.
Product(s): Copy of bid documents and copies of bids received. Notification of which qualified
subcontractor(s)has(have) been selected.
B. Prepare and execute subcontract(s) for construction.
The Consultant shall prepare the draft sub-subcontracts)with the selected sub-subcontractors) to
undertake the construction work. The sub-subcontract(s) shall contain a detailed work plan, total cost,
and a payment schedule with payments tied to completion of construction tasks identified in the
subcontract. Subject the Department's review and approval, the Consultant shall execute the sub-
subcontract(s).
Product(s): Draft and executed sub-subcontracts) for construction.
Task 7: Carry out construction of the project.
The Consultant shall carry out construction as outlined below.
A. Conduct a pre-construction meeting.
The Consultant shall hold a meeting with its sub-subcontractors)prior to construction to review project
details and permit conditions. A brief meeting summary shall be prepared to clearly indicate the
agreements/understandings reached at the meeting.
Product(s): Pre-construction meeting summary indicating agreements or understandings reached.
B. Prepare detailed construction schedule and itemized costs based on Department approved
designs.
The Consultant shall prepare a detailed construction schedule and construction cost estimates based on
designs approved by the Department. The Contractor shall submit the schedule and cost estimates to the
Department for review and approval.
Product(s): Detailed construction schedule and itemized cost estimates.
C. Construct project and visually(photo) document progress.
The Consultant shall carry out construction of project components. The Consultant shall periodically
photo-document progress at intervals as agreed to at the initial project meeting noted in Task 1 above,
and record corresponding field notes. Construction shall consist of, at a minimum:
A gravel filled infiltration basin to retain the first 0.75 inch of runoff from the project site and associated
piping,parking lot, and landscaping
Product(s): Project components constructed. Photo documentation of each project component
before, during and upon completion of construction, and corresponding field notes.
D. Restore natural areas disturbed by construction activities as required.
Product(s): Photo-documentation of restored natural areas with corresponding field notes.
E. Report progress using "Summary Sheet Documentation Forms".
The Consultant shall provide the Department with written notification of progress on a quarterly basis
using"Summary Sheet Documentation Forms". The Contractor shall indicate on page two of the form
reasons why any tasks have been delayed, and the anticipated completion dates for the delayed tasks and
all remaining tasks, and identification of problems that need to be addressed.
Product(s): Completed"Summary Sheet Documentation Forms"
and, if any tasks have been delayed, reasons for the delay and anticipated completion dates for the
delayed tasks and all remaining tasks.
Task 8: Submit as-built plans.
The Consultant shall submit to the Department two sets of as-built plans certified by a licensed
professional engineer or licensed architect/landscape architect.
Product(s): Certified as-built plans.
Task 9: Submit"Final Project Summary Report" and"Summary Sheet Documentation Forms".
The Contractor shall complete the"Final Project Summary Report";including the "Measurable Results
Form", and"Summary Sheet Documentation Forms"and submit these to the Department.
The"Final Project Summary Report"including the"Measurable Results Form"shall be completed
following instructions in Appendix A-1,.Attachment 2.
Product(s): Completed"Final Project Summary Report"and"Summary Sheet Documentation
Forms".
Sciencenter Stormwater Reduction Project: Expected Products and Time Schedule:
ask Months July 1,2002-June 30,2004 Expected
Description Products
A S 10 N D IJ IF M A IM J J JA S O N ID J IF IM A M IJ
ask 1: Conduct Initial project Meeting summary agreements
eeting understandings reached
as Select consu FaWnt s to Justification for selected
any out program Tasks,or consultant(s).Draft and executed
ortions thereof,not directly consultant sub-contract for site
ndertaken by the Contractor reconnaissance and design
as er orm site
econnaissance and prepare
esigns
4.Perform site reconnaissance Site recon maps and related
written documents,graphics based
on Task I
Prepare designs Design documents
Prepare implementation mp ementation strategy an
trategy and schedule for schedule for ongoing monitoring
ngoing monitoring and and maintenance
aintenance
as t c
u miopies of opy of all SMRA
ocumentation of compliance documentation and all required
ith State Environmental permits and approvals
uality Review Act and all
equired permits and approvals
Irask 5. ProviTe—pr-657 of roo of pu is an or permanent
ennanent public interest public interest.
rior to construction, i.e., proof
hat the work will be
ndertaken on public land or on
and for which there is a
ermanent public interest,such
is a conservation easement
Irask 6. Select su contractors ,
if applicable.
Prepare i documents or Copy o i documents an copies
ction and select of bids received. Qualified
tractor contractor selected
Prepare an execute rat an execute subcontract(s)
tract(s)for constriction. for constriction
arty out constriction
ect
A. Conduct pre-construction re-construction meeting
neeting summary indicating agreements
and understandings reached
B. Prepare detailed construction Detailed construction schedule
chedule and itemized cost and itemized costs
ased on Department approved
esigns
Construct project and Project components constructed.
usually(photo)document Photo-documentation of each
rogress component before during and after
construction,and corresponding
field notes
Restore natura areas Photo- ocumentation of restore
isturbed by construction natural areas with corresponding
ctivities as required field notes
E. Report Progress using Completed"Summary Sheet
`Summary Sheet Documentation Forms"and(if
Documentation Forms" applicable)reasons why any tasks
have been delayed,and the
anticipated completion dates for
remaining tasks
as Submit as-built plans Certified as- ui t p ans
as Submit "Final roject Completed"Final Project
ummary Report"and Summary Report", including
`Summary Sheet "Measurable Results Form"and"
Documentation Forms" Summary Sheet Documentation
Forms"
Note: Payment Requests- Payment is to be requested on approved"Summary Sheet Documentation Forms"with all required supporting documentation included.
APPENDIX E
CERTIFICATION of PUBLIC OWNERSHIP
FOR CONTRACT C006232
certify the following:
[print name of official] [print title]
1. I have sufficient knowledge and I am authorized to make the
certifications herein.
2. Any portion of the property which is funded pursuant to the Great Lakes
Restoration Program is owned or leased by the local government or other
public entity(in accordance with OCRM's CZMA Section 306A
Guidance,February 1999) and there are no encumbrances on such
property which would interfere with the proposed purpose of the project
for the useful life of the project.
Signed:
Dated:
State of New York )
County of )ss:
On this day of ,20_,before me personally came
to me known,who,being by me duly sworn,did depose and say that he/she/they
reside(s)in (if the place of resident is in a city,
include the street and street number,if any,thereof); that he/she/they is(are)the (title of officer
or employee)of the (name of municipal corporation),described in and which
executed the above instrument;and that he/she/they signed his/her/their name(s)thereto by authority of the governing body of
said municipal corporation.
NOTARY PUBLIC
APPENDIX X
Agency Code: 19000 Contract No.: C006232
Contract Period: Funding for Period: $48,500.00
This is an AGREEMENT between THE STATE OF NEW YORK,acting by and through the New York State Department of
State, having its principal office at 41 State Street,Albany,New York, 12231 (hereinafter referred to as the STATE),and City
of Ithaca(hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006232,as amended above
and in attached Appendice(s)
All other provisions of said AGREEMENT shall retrain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the dates appearing under their
signatures.
CONTRACTOR SIGNATWI
By: By:
(print name) (print name)
Title: Title:
Date: Date:
State Agency Certification: "In addition to the acceptance of this contract,I also certify that original copies of this signature page will be
attached to all other exact copies of this contract."
State of New York )
County of )ss:
On this day of ,20_,before me personally came
to me known,who,being by me duly sworn,did depose and say that he/she/they
reside(s)in (if the place of resident is in a city,
include the street and street number,if any,thereof);that he/she/they is(are)the (title of officer
or employee)of the (name of municipal corporation),described in and which
executed the,above instrument; and that he/she/they signed his/her/their name(s)thereto by authority of the governing body of
said municipal corporation.
NOTARY PUBLIC
STATE COMPTROLLER'S SIGNATURE
Title:
Date: