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Home My WebLink About07-06-16 Common Council Meeting Agenda OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, July 6, 2016, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1 . PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 3.1 'Ithaca Is Love' - Sending Support to Orlando — Proclamation 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Simeon's Alcohol Permit Request — Resolution 8.2 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution City Administration Committee: 8.3 Ithaca Police Department — Amendment to 2016 Budget - Resolution 8.4 Approval of Installation of Friends of Ithaca Youth Bureau Donor Wall - Resolution 8.5 Request for Permanent Easement for 400-404 Stewart Avenue - Proposed Encroachment - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Ithaca Fire Department - Amendment to Capital Project #821 for Fire Vehicle Acquisition — Resolution 9.2 Department of Public Works — Ithaca Area Waste Water Treatment Facility (IAWWTF) — Request to Establish A Capital Project for A Microgrid Feasibility Study 9.3 Approval and Authorization to Execute CSEA Administrative Unit Contract (Proposed Motion to Enter Into Executive Session To Discuss Matters Relating to Collective Negotiations with Bargaining Units) - Resolution Common Council Meeting Agenda July 6, 2016 Page 2 9. CITY ADMINISTRATION COMMITTEE (CONTINUED): 9.4 Approval and Authorization of Compensation for Confidential Employees Not Included Under the CSEA Administrative Contract (Proposed Motion to Enter Into Executive Session To Discuss Matters Relating to Collective Negotiations with Bargaining Units) — Resolution 9.5 Update Regarding Request for Proposals for Study of Law Enforcement Consolidation 9.6 City Controller's Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 First Amendment to City-Ithaca Urban Renewal Agency (IURA) Professional Services Agreement - Resolution 11 . REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 14.1 Reappointment to Cable Access Oversight Committee —Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 4, 2016 Common Council Meeting Minutes — Resolution 18.2 Approval of the June 1 , 2016 Common Council Meeting Minutes — Resolution 18.3 Approval of the June 29, 2016 Common Council Meeting Minutes - Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. iul/M-4/1014_e_eyy lie Conley Holcomb, CMC City Clerk Date: June 30, 2016 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Simeon's Alcohol Permit Request — Resolution WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining; and WHEREAS, this use of public property has generally been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1 ,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2016, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1 ,000,000 and the approval of an outdoor dining permit. 8.2 Mia Noodle Bar and Restaurant Alcohol Permit Request — Resolution WHEREAS, the City Clerk has received a request to allow Mia Noodle Bar and Restaurant to utilize certain areas along the Primary Commons for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Mia Noodle Bar and Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2016, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mia Noodle Bar and Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1 ,000,000 and the approval of an outdoor dining permit. City Administration Committee: 8.3 Ithaca Police Department— Amendment to 2016 Budget - Resolution WHEREAS, the City of Ithaca Police Department (IPD) hosted a New York State Department of Criminal Justice Services Special Weapons and Tactics (SWAT) Operator Course at IPD facilities; and WHEREAS, the fees collected for this training were $5,400 and will be used to offset the cost of instructors for the training; and WHEREAS, as a benefit of hosting the training, IPD SWAT personnel were able to take the training at no cost to the City; now, therefore be it RESOLVED, That Common Council approves the amendment of the 2016 City of Ithaca Budget to accommodate the increase in revenue collected and the related increase in training expenses as follows: Increase Revenue: A3120-1520-5022 Police Fees $5,400 Increase Expenditures: A3120-5440-5022 Staff Development $5,400 Budget Adjust BACK-UP ITEM 8.3 Budget Adjust iacob Young it:Thursday, May 19,2016 1:37 PM Scott Andrew Cc: Jamie Ramirez Hi Scott, As we discussed earlier today on the phone, we are running a NYS DCJS SWAT Operator Course at our facility in June of this year. We will be bringing in just over $5000 in registration costs, but will be paying those funds back out to Instructors that we will be bringing in for the course. If we could get the budget adjusted so that our income can pay off the cost for instructors that would be great. Jamie Ramirez already has some of the payments made for the course. Here is the breakdown: Income From the Course (Registration Fees: 9 @ $600 Each) = $5400 Sub-Contracting Instructional Payments To Be Made after Course: 1.) Fundamentals 4: $4500 2.) Medicine in Bad Places: $900 Please let me know if you need anything further to set this up. Thank you again for all your help! -Jake Jacob A. Young Lieutenant - B Platoon Patrol Division Ithaca Police Department 120 E. Clinton St. Ithaca, NY 14850 Cell: 607-279-7930 https://mail.cityofithaca.org/...AAJfLJAACX4A2DetppRpvnL%2fETKBsHAABwcXGJAAAJ&a=Print&pspid=_1465322217245_546423476[6/7/2016 1:59:23 PM] 8.4 Approval of Installation of Friends of Ithaca Youth Bureau Donor Wall - Resolution WHEREAS, the City is currently proceeding with Phase II, Year 1 of 2 of the Cass Park Ice Rink Renovations project; and WHEREAS, Phase II, Year 2 of the project contemplates enclosure of the Cass Park Arena and improvements for the conditioned air system, ventilation, and spectator and skater areas; however, at this time, the City has not appropriated funding for Year 2 project goals; and WHEREAS, in support of the Phase II, Year 2 plans, Friends of the Ithaca Youth Bureau has offered to fundraise and donate towards this project; and WHEREAS, Friends of Ithaca Youth Bureau has recommended that the Youth Bureau create wall space no larger than eight (8) feet by twelve (12) feet within the renovated Cass Park Ice Rink to display the names of donors for a term of twenty (20) years, and the Youth Bureau and Board of Public Works is supportive of the proposal; and WHEREAS, General City Law §20(3) empowers the City to accept gift, grants, or donations upon terms and conditions between the donor and City; now, therefore be it RESOLVED, That Common Council authorizes the City to accept donations from the Friends of Ithaca Youth Bureau conditioned on recognition of donors to this project on a donor wall as described above; and, be it further RESOLVED, That Common Council authorizes the City's placement of a donors' wall no larger than eight (8) feet by twelve (12) feet within the renovated Cass Park Ice Rink to display the names of donors for a term of twenty years (20). BACK-UP ITEM 8.4 -�o`'th BurQOG Ithaca Youth Bureau 4.•ov1z a 1 James L. Gibbs Drive =�,,`� 1-y= Ithaca, New York 14850 a IFJJ1[!]11j1 8'�i 1 B Phone: 607 ( ) 273-8364 Fax: (607) 273-2817 '=� �.me.-��`b,J "Building a foundation for a lifetime." tio,; To: City Administration Committee From: Suki Tabor, Deputy Director Liz Vance, Director Re: Youth Bureau Budget Amendment Date: June 8, 2016 We have been advised, by the Tompkins County Workforce Investment Board that we will receive $152,247.86 in funding for Tompkins Summer Youth Employment Program. Although we are awaiting final confirmation, we are pleased that we may be able to offer summer employment to additional teens this summer. We would like to amend the 2016 Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board Account #A7310-4820-1200 Youth Development Administration $3,000.00 Account #A7310-4820-1202 Youth Employment Service $144,903.36 Account #A7310-4820-1400 Administration $4,344.50 Total $152,247.86 Increase expenses: Account #A 7310-5440-1200 Staff Development $2,000.00 Account #A 7310-5460-1200 Program Supplies $1,000.00 Account #A 7310-5120-1202 Part time/Seasonal $121,035.76 Account #A 7310-5425-1202 Office Supplies $2,531.35 Account #A 7310-5445-1202 Travel &Mileage $1,000.00 Account #A 7310-5460-1202 Program Supplies $4,400.00 Account #A 7310-5420-1400 Gas & Oil $500.00 Account #A 7310-5425-1400 Office Expense $3,000.00 Account #A 7310-5476-1401 Equipment Maintenance $844.50 YES Fringe Benefits Participants $101,250.00 x 12.65% $12,808.12 Other PTS (Staff) $19,785.76 x 15.81% $3,128.13 Total $152,247.86 Thank you. "An Equal Opportunity Employer with a commitment to workforce diversification." 8.5 Request for Permanent Easement for 400-404 Stewart Avenue - Proposed Encroachment - Resolution WHEREAS, Jason Demarest, as representative for the owner of 400-404 Stewart Avenue in the City of Ithaca (Tax Map Parcel No. 63-1-6, MSW Management, LLC owner of record), hereinafter referred to as "Applicant", has requested a permanent easement from the City into the adjacent Stewart Avenue and Osmun Place rights-of- way; and WHEREAS, Applicant requests an easement to permit the following encroachment into the City's right-of-way: An encroachment for installation of footers and awnings extending into City- owned subsurface and airspace from the building located on 400-404 Stewart Avenue no more than two feet as follows: to the south and running parallel to the building face and Osmun Place for 51 feet and to the east running parallel to the building face and Stewart Avenue for 64.50 feet, and as depicted in the drawing attached and included by reference as Exhibit A. ; and WHEREAS, City of Ithaca Municipal Code Chapter 170 entitled "Use of City Real Property; Section 170-5 entitled "Authority to Grant Approval for Use of City Property; No Entitlement to Approval" vests Common Council with the authority to convey a permanent easement across City property; and WHEREAS, it appears that the proposed encroachment into City property will not interfere with the right-of-way as currently constituted; and WHEREAS, the City of Ithaca Superintendent of Public Works does not anticipate any conflicts in the near future with public works uses or needs and the Board of Public Works, by resolution, recommended that Common Council authorize granting this easement under the terms described in this resolution; now, therefore be it RESOLVED, That the fee for this permanent easement shall be $18,666.77, based on the Pomeroy appraisal value of $833.47 for one year of use at the current appraisal rate in Collegetown of $2.87 per square foot, calculated out for a thirty (30) year depreciation period and 2% rate of inflation; and, be it further RESOLVED, That the Mayor, in consultation with the City Attorney, and upon payment of the fee set forth in this resolution, is hereby authorized to execute all necessary documents to grant the easement requested by Applicant and described above. BACK-UP ITEM 8.5 CITY OF ITHACA pfITH 108 East Green Street Ithaca,New York 14850-5690 �y"` •• = OFFICE OF THE CITY ATTORNEY 1[U][ a : Aaron O. Lavine, City Attorney Telephone: 607/274-6504 J1IJ]1 :° Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 \caqp m..� " • ��° Krin Flaherty, Assistant City Attorney • RAS,,, Jody Andrew, Executive Assistant MEMORANDUM i0: City Administration Committee From: City Attorney's Office Date: June 1, 2016 Subject: Request for permanent easement into Stewart Ave and Osmun Place rights of way The owner of the property located at 400-404 Stewart Avenue,has requested a permanent easement into the City's right of way to accommodate the installation and placement of footers and awnings. Attached as Exhibit A to the proposed resolution,you will find a depiction of the proposed encroachments. Public Works staff and the Board of Public Works have concluded that this proposal would not impede the City's use or planned use of its right of way. The fee proposed in this resolution, $18,666.77, is based on the Pomeroy appraisal values for Collegetown square footage, which the City uses to assess annual license fees. In collaboration with the Office of the City Controller,we estimated a future value of license payments calculated out for 30 years,the standard depreciation period used by the City for buildings under State Finance Law. To factor in the yearly adjustments the City makes for consumer price index increases on a yearly license fee, we assumed a two percent rate of inflation. "An Equal Opportunity Employer with a commitment to workforce diversification." -- -di x• S'I om m-I om 0o AD Drr <m D A fnm I s � - 1 m •r'2_ ,_,, q 1 I I I 1 I 111 s ' I'.G k 4 -ti I $y I Qe 1 e I 1 1 1 N I q v 6 i g',_ __ 3 Sebastian Mascaro's G y 'g E m EFig- I' CHAPTER HOUSE RECONSTRUCTION ,,:N§ O @@,e .w E '°°'°' °~° COORDINATION DOCUMENT s n 4 S 6 m�a. we"a,n�.v",k i+eso -1g 9.8 Wall do-Nov 9. CITY ADMINISTRATION COMMITTEE: 9.1 Ithaca Fire Department - Amendment to Capital Project#821 for Fire Vehicle Acquisition - Resolution WHEREAS, Common Council authorized Capital Project#821 for the fiscal year 2016, in the amount of$455,000, to replace the truck chassis and refurbish the body of the Fire Department's Heavy Rescue Truck, which was purchased new in 1990; and WHEREAS, the City's Fleet Manager has determined that a Pumper Truck that was purchased in 2000, needs the vehicle's frame replaced due to deformity and severe corrosion; and WHEREAS, the Manufacturer of the Pumper Truck has estimated the cost of the frame replacement to be at least $49,000; and WHEREAS, the replacement of the Pumper Truck is scheduled to be in 2020; and WHEREAS, the Fire Chief and the City's Fleet Manager recommend postponing the Heavy Rescue Chassis Replacement and Refurbishment and purchase a replacement Pumper Truck at a cost of $555,000; now, therefore be it RESOLVED, That Common Council approves the amendment of Capital Project#821 to increase the project funding by $100,000 for the purchase of a new Pumper Truck giving a total project authorization of$555,000; and, be it further RESOLVED, That funds needed for said new Pumper Truck shall be derived from the issuance of Serial Bonds. BACK-UP ITEM 9.1 cifCITY OF ITHACA �, 310 West Green Street Ithaca, New York 14850-5497 I"Tf"•7- %141111111,,.. OFFICE OF THE FIRE CHIEF Telephone: 607/272-1234 Fax: 607/272-2793 Memo To: Common Council From: Tom Parsons, Fire Chief Date: May 27, 2016 Re: Amendment of Capital Project#821 On June 12th, 2015, I submitted a Capital Project request to the Capital Project Review Committee for the replacement of the truck chassis and to refurbish the body of the fire department's heavy rescue truck. The chassis and body were purchased new as one unit in 1990. The cost of the project was not to exceed $455,000. Common Council approved the project for FY 2016. Within my capital project proposal, I also indicated that between the years 2017 and 2021, there would be four capital project requests to replace two 20-year-old pumper trucks, one 20-year-old ladder truck, and refurbishing one 16-year-old pumper truck. The estimated cost for all four projects was over 2.5 million dollars. During some recent maintenance and repairs of one of your 16-year-old pumper trucks, the City's DPW Mechanics found significant deformity and corrosion of the vehicle's frame. The frame is in such poor condition that it will fail before the vehicle is due for replacement, with the very possibility of failure within the next year. The pumper truck was purchased new in 2000. The frames of two other pumper trucks purchased in 2000 and 2001 were also inspected. Those trucks have chassis by the same manufacturer. They were also found with frame corrosion, and with some deformity. The chassis manufacturer estimates the cost of the frame replacement for one truck to be at least$49,000. The truck would be out of service for several months while the truck is disassembled and reassembled. After discussions with Brian Carmen, City Fleet Manager, and a local truck repair center, it is the collective opinion that it is impractical to invest any significant amount of money to refurbish any of the three trucks if it involved the replacement of the frame. All three pumper trucks have over 72,000 miles. Due to their age, the maintenance costs for all three vehicles has been increasing over the past five years. All three trucks are on a twenty-year replacement schedule. The expected useful service life of a pumper truck used in a municipal fire department is between 15 and 20 years. Page 1 of 2 Fire Department—Capital Project 821 May 27th, 2016 Since the issue with the frame of the pumper trucks was identified, I have had an independent fire truck service center provide an assessment of the Heavy Rescue Truck, and estimate the cost of refurbishing the truck, without replacing the truck chassis. The goal of restoring the truck is to extend it is useful service time for another ten years. The cost to refurbish the heavy rescue truck was estimated at $75,000. If the chassis were replaced, the expected useful service time would be for at least 20 years. After analysis of the current situation with the department's older pumper trucks, I am requesting that Capital Project 821 be amended to replace a 16-year-old pumper truck, instead of the chassis replacement and body refurbishment of the department's heavy rescue truck. I am also requesting that Capital Project 821 be increased by$100,000, for a total amount of$555,000 to fund the pump truck's replacement. The refurbishment of the heavy rescue truck will be partially funded out of the 2016 Fire Department Operating Budget, and with additional funding that I will be requesting in the 2017 Fire Department Operating Budget. Thank you for consideration of my request. Page 2 of 2 9.2 Department of Public Works — Ithaca Area Waste Water Treatment Facility (IAWWTF) — Request to Establish A Capital Project for A Microqrid Feasibility Study - Resolution WHEREAS, the staff of the Ithaca Area Wastewater Treatment Facility (IAWWTF) applied for and received a New York State Energy Research and Development Authority (NYSERDA) Grant for $100,000; and WHEREAS, NYSERDA, in conjunction with the New York State Governor's Office of Storm Recovery, offered the grant as part of the three-stage NY Prize Community Grid Competition to support the development of Community Microgrids, with the objective of the program to promote the design and build of community grids that improve local electrical distribution system performance and resiliency in both a normal operating environment as well as during times of electrical grid outages; and WHEREAS, the NYSERDA $100,000 grant for Stage 1 includes Feasibility Assessment of the Development of the Microgrid Capabilities and Analysis; and WHEREAS, if the Microgrid Feasibility Study deems the Microgrid Project viable, other stages of the grant competition will be applied for; and WHEREAS, a Capital Project will need to be established to account for the NYSERDA NY Prize Microgrid Program Stage 1 revenue and expense; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #421J IAWWTF Microgrid for Electrical Power Feasibility in an amount not to exceed $100,000; and, be it further RESOLVED, That funds needed for said Capital Project shall be derived from NYSERDA and the NY Prize Community Grid Competition Grant. BACK-UP ITEM 9.2 Article IV Payment Section 4.01. Payment Terms. In consideration for this Agreement and as NYSERDA's full payment for the costs of the performance of all Work,and in respect of all other direct and indirect costs,charges or expenses incurred in connection therewith,NYSERDA shall pay to the Contractor amounts not to exceed the maximum amount set forth in Item 5,Page One of this Agreement,subject to the provisions and restrictions contained herein,including,without limitation,the Prompt Payment Policy Statement attached hereto as Exhibit D. Subject to any applicable provisions set forth in Exhibit A, Statement of Work, at the completion of each Milestone Event so identified,the Contractor may submit invoices,including documentation reasonably sufficient to demonstrate completion,requesting payment by NYSERDA of the amounts corresponding to the amounts indicated in Exhibit A, Statement of Work,including evidence of the Contractor's cost share,if applicable. Section 4.02. Progress Payments. (a) Invoicing: The Contractor may submit invoices for Milestone payments no more than once each month and no less than once each calendar quarter for Work performed during such period. Invoices shall be addressed to NYSERDA,"Attention: Accounts Payable,"or submitted electronically to invoices@nyserda.ny.gov. Such invoices shall make reference to the Agreement number shown at Item 1 on page 1 of this Agreement. Invoices shall be inclusive of �./ the total project costs incurred,delineated into NYSERDA's Funding share and the Cost-Share and Other Co-funding share,if applicable. Section 4.03. Final Payment. Upon final acceptance by NYSERDA of all deliverables contained in Exhibit A,Statement of Work,pursuant to Section 6.02 hereof,the Contractor shall submit an invoice for final payment with respect to the Work,together with such supporting information and documentation as,and in such form as,NYSERDA may require. All invoices for final payment hereunder must,under any and all circumstances,be received by NYSERDA within six(6)months following Acceptance of Work pursuant to Section 6.02 hereof. In accordance with and subject to the provisions of NYSERDA's Prompt Payment Policy Statement,attached hereto as Exhibit D,NYSERDA shall pay to the Contractor within the prescribed time after receipt of such invoice for fmal payment,the total amount payable pursuant to Section 4.01 hereof,less all progress payments/milestone payments previously made to the Contractor with respect thereto and subject to the maximum commitment set forth in Section 4.06 hereof. Section 4.04. Release by the Contractor. The acceptance by the Contractor of final payment shall release NYSERDA from all claims and liability that the Contractor,its representatives and assigns might otherwise have relating to this Agreement. Section 4.05. Maintenance of Records. The Contractor shall keep,maintain,and preserve at its principal office throughout the term of the Agreement and for a period of three 20 years after acceptance of the Work,full and detailed books,accounts,and records pertaining to this Agreement,including without limitation,all bills,invoices,payrolls,time records,expense reports,subcontracting efforts and other data evidencing,or in any material way related to,the direct and indirect costs and expenses incurred by the Contractor in the course of its performance under this Agreement. Section 4.06. Maximum Commitment. The maximum aggregate amount payable by NYSERDA to the Contractor shall be the amount appearing at Item 5 of page one of this Agreement. NYSERDA shall not be liable for any costs or expenses in excess of such amount incurred by the Contractor in the performance and completion of the Work. Section 4.07. Audit. NYSERDA shall have the right from time to time and at all reasonable times during the term of this Agreement and for the maintenance period set forth in Section 4.05 hereof to inspect and audit any and all books,accounts and records related to this Agreement or reasonably necessary to the performance of an audit at the office or offices of the Contractor where they are then being kept,maintained and preserved pursuant to Section 4.05 hereof. Any payment made under the Agreement shall be subject to retroactive reduction for amounts included therein which are found by NYSERDA on the basis of any audit of the Contractor by NYSERDA,the State of New York or an agency of the United States not to constitute an allowable charge or cost hereunder. Article V Assignments,Subcontracts and Purchase Orders Section 5.01. General Restrictions. Except as specifically provided otherwise in this Article,the assignment,transfer,conveyance,subcontracting or other disposal of this Agreement or any of the Contractor's rights,obligations, interests or responsibilities hereunder,in whole or in part,without the express consent in writing of NYSERDA shall be void and of no effect as to NYSERDA. Section 5.02. Subcontract Procedures. Without relieving it of,or in any way limiting,its obligations to NYSERDA under this Agreement,the Contractor may enter into Subcontracts for the performance of Work or for the purchase of materials or equipment. Except for a subcontractor or supplier specified in a team arrangement with the Contractor in the Contractor's original proposal,and except for any subcontract or order for equipment,supplies or materials from a single subcontractor or supplier totaling less than$50,000,the Contractor shall select all subcontractors or suppliers through a process of competitive bidding or multi-source price review. A team arrangement is one where a subcontractor or supplier specified in the Contractor's proposal is performing a substantial portion of the Work and is making a substantial contribution to the management and/or design of the Project. In the event that a competitive bidding or multi-source price review is not feasible,the Contractor shall document an explanation for,and justification of,a sole source selection. The Contractor shall document the process by which a subcontractor or supplier is selected by making a record summarizing the nature and scope of the work,equipment, supplies or materials sought,the name of each person or organization submitting,or requested to submit,a bid or proposal,the price or fee bid,and the 21 Milestone Payment Schedule NYSERDA Milestone Project#66455 Month Milestone External Number Milestone Description Completion Payment Cost Share 0 Project Management and Reporting On-going 1 Develop Microgrid Capabilities 2 15,000 2 Develop Technical Deign Costs&Configuration 4 $ 35,000 3 Assessment of Microgrid Commercial&Financial Feasibility 5 $ 15,000 4 Develop Information for Costs&Benefit Analysis 6 $ 15,000 5 Accepted Final Written Document 7 $ 20,000 Total $ 100,000 50 Total Cost 100,000 16 IAWWTF ID 15-6000407 INVOICE 525 THIRD ST ITHACA, NY 14850 Invoice Number: 20102559 USA Invoice Date: Apr 6,2016 Page: 1 Voice: 607-273-8381 Fax: 607-273-8433 NYSERDA CONTROLLER OFFICE NYSERDA CONTROLLER OFFICE Attention:Accounts Payable Attention:Accounts Payable 17 COLUMBIA CIRCLE 17 COLUMBIA CIRCLE ALBANY,NY 12203 ALBANY,NY 12203 NYSERDA Net 30 Days Airborne 5/6/16 'NYSERDA AGREEMENT#66455 NY PRIZE RFP STAGE 1 -FEASIBILITY ASSESSMENT MILESTONE#1 -Develop Microgrid 15,000.0000 Capabibties MILESTONE#2-Develop Technical Design 35,000.0000 Costs&Configuration MILESTONE#3-Assessment of Feasibility 15,000.0000 MILESTONE#4-Develop Info Cost& 15,000.0000 Benefit Analysis Subtotal 80,000.00 Sales Tax Total Invoice Amount 80,000.00 Check/Credit Memo No: Payment/Credit Applied IAWWTF ID 15-6000407 INVOICE 525 THIRD ST ITHACA, NY 14850 Invoice Number. 20102585 USA Invoice Date: May 24,2016 Page: 1 Voice: 607-273-8381 Fax: 607-273-8433 • NYSERDA CONTROLLER OFFICE NYSERDA CONTROLLER OFFICE Attention:Accounts Payable Attention:Accounts Payable 17 COLUMBIA CIRCLE 17 COLUMBIA CIRCLE ALBANY,NY 12203 ALBANY,NY 12203 NYSERDA Net 30 Days Airborne 6/23/16 1.0000 NYSERDA AGREEMENT#66455 NY 20,000.0000 ! 20,000.0000 PRIZE REP STAGE 1 -FEASIBILITY ASSESSMENT r6r° 6(6,61 '316/ Subtotal 20,000-00 Sales Tax Total Invoice Amount 20,000.00 Check/Credit Memo No: Payment/Credit Applied 9.3 Approval and Authorization to Execute CSEA Administrative Unit Contract -- — (Proposed Motion to Enter Into Executive Session To Discuss Matters Relating to Collective Negotiations with Bargaining Units) — Resolution RESOLVED, That Common Council approves the agreement between the City of Ithaca and the CSEA Administrative Unit for a four-year term commencing January 1 , 2016 and expiring December 31 , 2019; and, be it further RESOLVED, That the Mayor is authorized to fully execute the agreement on behalf of the City. _ 9.4 Authorization and Approval of Compensation for Confidential Employees Not Included Under the CSEA Administrative Contract — (Proposed Motion to Enter Into Executive Session To Discuss Matters Relating to Collective Negotiations with Bargaining Units) — Resolution RESOLVED, That for the period of January 1 , 2016 through December 31, 2019, all employees not covered by a formal labor contract, excluding positions designated as management, be granted salary increases and fringe benefits in accordance with the provisions of the CSEA Administrative Unit contract. 9.5 Update Regarding Request for Proposals for Study of Law Enforcement — Consolidation SEE ATTACHED BACK-UP INFORMATION 8.a WORKING DRAFT v4.1 (Post 6/16/16 PSC Meeting) \,...,... BACK-UP ITEM 9.5 Otis CO c 4' '' 4: G4. co 0 ‘:// A 0 f- O • • .< • • st ! * Cl) c 0 O M c O Request for Proposals 0 ara Tompkins County Law Enforcement Shared Services Initiative re co L 6 �,,, Release Date: et TBD c m E Proposal Response Due Date: E 0 TBD a E. 0 a a. u. re 1- 1 0 w c E co Q Packet Pg.4 8.a [The TOC will be completed when the RFP content is final. Once RFP is complete, click on the table, and select the "update Table of contents" button on the top left-hand corner, the click OK. This will update the page numbers.' 4c Table of Contents 0 1. OVERVIEW 3 v 2. RFP SPECIFICATIONS AND CONTRACTUAL OBLIGATIONS 4 0 .11 3. SCOPE OF WORK 5 0 A. OBJECTIVES 6 B. DELIVERABLES 6 -6 d 4. PROPOSAL PROCEDURES 7 co co A. TECHNICAL. NARRATIVE 7 N M B. COST OF PROPOSAL 8 4, C. ANTICIPATED SCHEDULE FOR RFP PROCESS,PROPOSAL REVIEW,AND AWARD 9 E D. GENERAL INSTRUCTIONS 9 0 c) E. ELIGIBILITY 10 0. F. MODIFICATION/ADDENDA 10 G. EXCEPTIONS 10 a a a 5. CONSIDERATION OF RESPONSES 10 �I A. SELECTION PROCESS 10 CI 4— c B. EVALUATION CRITERIA 11 Page 2 of 11 Packet Pg.5 8.a �.J 1. OVERVIEW Tompkins County Government, in cooperation with the City of Ithaca and the villages of Cayuga Heights, Groton, and Dryden, is inviting all interested and qualified consulting firms to submit proposals for a feasibility study of the realignment of County and City Law enforcement law enforcement services, which may include the services of other local law enforcement agencies; enhanced shared services agreements between these agencies; or the consolidation of services by all participating law enforcement agencies in the County. The intent for such a study is to gain an in-depth understanding of various realignment options up to and including full consolidation, and the governance structures, service delivery structures, financial and staffing considerations, and facility and equipment requirements related to each option. BACKGROUND Tompkins County is located in the Central Finger Lakes region of upstate New York and ci hosts a population of 104,926. Within Tompkins County, there are seventeen (17) municipalities, including the County,the City of Ithaca, nine (9)towns, and six(6)villages. Tompkins County is currently served by no fewer than six separate law enforcement u_ agencies: four (4) village law enforcement departments, one (1) city law enforcement department, and one (1) county sheriff's office. The combined cost of operating these six municipal agencies approaches $19 million annually. Tompkins County and the City of M Ithaca have allocated a combined $16,780,212 in their respective 2015 budgets, representing CD 25% of the combined property tax levies of the City and County to support their respective law enforcement agencies [Need to confirm with JM data shown in chart below] Number of Law Enforcement Officers Per Agency/Participating Partner a Tompkins County Sheriff's Office 40 City of Ithaca Police Department 64 > a u_ Village of Cayuga Heights Police Department 16 cc u_ Village of Dryden Police 15 Village of Groton 15 c New York State Governor Andrew Cuomo is strongly encouraging communities to identify and implement shared-service and realignment opportunities, including mergers and consolidations, and has established various grant programs to support these efforts. The Tompkins County Law Enforcement Shared Services Initiative meets the criterion for one of Li Page 3of11 Packet Pg. 6 these programs: the Governor's Municipal Restructuring Fund Program (MRF). The MRF is supported by a one-time $150 million allocation and is managed by the New York State Department of State. MRF program requirements call for projects that are transformative, have substantial impact on governmental operations and functions, and that lessen taxpayer burden by yielding permanent property tax reductions. In terms of implementation, the MRF program operates in various stages. The Tompkins County Law Enforcement Shared Services initiative is in the early stages of this funding program, having received an initial grant to conduct the feasibility study. Beyond the feasibility study, bidders may have the opportunity to receive as much as $1.1 million for additional services that include the 0 development of a comprehensive implementation plan for the law enforcement services En option mutually agreed upon by all participating partners. o (a As counties and cities throughout the state of New York begin to recognize the opportunity for improved quality, operating efficiencies, and cost savings that may be afforded by a transformation in law enforcement service delivery, many municipalities have begun comprehensive feasibility studies to support informed decision making on next steps. Tompkins County, the City of Ithaca, and several of the surrounding villages are very ° interested in the possibilities revealed through such a study. In particular, the City and LL ce County maintain a long-standing history of working together—in concert with other local agencies—in an ongoing effort to ensure cost-effective operations. This has been achieved by reducing redundancies through various shared-service agreements and by persistently seeking new approaches to alleviating taxpayer burden while continuing to provide the high- CD quality service that all County residents have come to expect. 2. RFP SPECIFICATIONS AND CONTRACTUAL OBLIGATIONS c) 0 All proposals are due by August 1, 2016, no later than 12:00p.m./noon EST. Proposals submitted in reply to this RFP shall respond to the specifications stated herein. Failure to respond to the specifications may be result in disqualification. Submittal of c alternate solutions in additions to requested specification is allowed. If the execution of the work to be performed requires the hiring of sub-contractors, this must a be clearly stated in the proposal. Sub-contractors must be identified and the work they will cc perform must be defined. In your proposal please provide the name, address, and EIN of the u. sub-contractor. Qualified bidders will not be refused a proposal based upon the use of sub- contractors; however we retain the right to refuse the sub-contractors selected. All proposals must contain the signature of a duly authorized officer or agent of the bidding E firm submitting the proposal. Tompkins County is serving as the lead agency for the Tompkins County Law Enforcement Shared Services Initiative and the RFP process. Tompkins County reserves the right to reject any or all proposals and any part of a given proposal and to negotiate with any respondent to the Request for Proposals. Tompkins County may waive formalities or technicalities in Page 4 of 11 Packet Pg. 7 8.a proposals as the interest of County may require. Tompkins County may waive minor differences in the proposal provided these differences do not violate the proposal intent. Provision of this RFP and the contents of the successful responses may be included in final contractual obligations. 3. SCOPE OF WORK co Tompkins County government, represented by the Department of County Administration, o and working in cooperation with four other law enforcement agencies within Tompkins County, desires to contract with a single bidder to provide the services described below. cn Bidders' proposals should fully address the Scope of Work and include descriptions of all activities and deliverables needed to complete the work. Tompkins County and the City of Ithaca, potentially joined by other area municipalities, 75— share share a common desire to reduce the cost of providing law enforcement protection within Tompkins County without diminishing the quality of service. The participants believe that efficiency-based savings can be produced through organizational realignment ranging from —`-' the realignment of certain functions to the establishment of a single law enforcement service agency holding countywide authority. a cc The purpose of the feasibility study is to better identify possible costs and benefits caused by restructuring and strengthening law enforcement services and other non-emergency functions. The study will help determine if realignment of law enforcement service agencies v will yield improved service delivery (as well as reduction in service redundancy) and tD improved cost containment. The study will identify cost savings or potential increases in costs to the respective participating law enforcement service agencies and their constituents. This includes costs and savings in the area of law enforcement operations; staffing; overtime and pension costs; and logistical efficiencies, such as administrative and purchasing expenses. The feasibility study should also analyze different structural options, including: a • Functional Consolidation: Areas identified by the bidder that would lend themselves to the consolidation of functions such as,training or investigations. • Full Consolidation: A fully consolidated law enforcement organization via LL 1. Achieved through an attrition-based process in which police officer positions cci in the City and/or villages would be filled by County personnel as they a become vacant; or 2. Achieved through the dissolution of City and/or village police agencies and the expansion of the County law enforcement agency. • Other: Any other model the bidder believes superior to the aforementioned structural options that will provide similar savings and cost efficiencies, and that will contribute a to the vitality of the community. Page 5 of 11 Packet Pg. 8 8.a The Law Enforcement Shared Services Steering Committee was created to oversee the initiative. The Steering Committee will review all bidder proposals. Tompkins County, with support from the Steering Committee, expects to award a contract for 6 months that will require the following: A. OBJECTIVES 1. Improved Service Outcomes: Help identify improvements to response time and number of proactive community engagements, including resolution of quality of life u issues, as these affect respective county jurisdictions. The bidder must also show possible jurisdictional limitations and inefficiencies before and after possible realignment. .2 0 2. Substantial Cost Savings: Help identify (a) ways in which potential realignment structures can result in constrained staffing growth and overtime costs; (b) more cost- efficient beat maps; (c) potential transition cost considerations associated with each realignment option proposed; and (d) other savings that may be identified by the bidder throughout the analysis process. In demonstrating cost savings, the bidder should calculate a minimum and a d_ maximum savings using current County and City costs in determining the range of savings potential. 3. Governance Structure: Help identify potential staffing models and the "span of control." 4. Public Engagement: Help identify initial steps for engaging the public and gathering �, public perceptions and concerns pertaining to the realignment of the local law enforcement services agencies. E 5. Other Challenges: Help list possible challenges, opportunities, weaknesses and/or strengths that could affect realignment or alternate recommendation. a B. DELIVERABLES [Schedule/Dates will be adjusted according Award Date.] 1. To be completed no later than October 15, 2016—Meet with all participating law enforcement service agencies to identify organizational needs, structural and cost u_ saving opportunities,and governance concerns agencies may have; u_ 2. To be completed no later than December 15, 2016—Design and conduct a public 0 input session for the purpose of gathering feedback from the local community about the law enforcement services most valued. The Law Enforcement Shared Services Steering Committee will have the opportunity to review the bidder's approach to the public input session prior to implementation. 3. To be completed no later than January 15, 2017—Develop and implement an efficiency-based feasibility study of organizational realignments of up to 6 local law Page 6 of 11 Packet Pg. 9 8.a enforcement service agencies within Tompkins County that may range from expanded shared services agreements to the realignment of certain functions to the establishment of a single law enforcement agency with countywide authority; 4. To be completed no later than February 15, 2017—Meet with and present preliminary finding before the Shared Law Enforcement Services Steering Committee. The cc committee will provide insight, recommendations, and revisions before the completion and submittal of final feasibility study document. ci 5. To be completed no later than March 1, 2017—Complete documentation of the in feasibilitystudyexercise that will include, but not limited to,the following: g a. Executive Summary. -0 b. Profile of Tompkins County, the City of Ithaca, and any other law enforcement service agency that is, or may become, interested in possible realignment. c. General Overview of study including a background on the study method. -6- d. d. Content descriptions and summaries of each study topic. e. Copy of and instruments (i.e., survey questions,etc.)used in study. f. Analysis of study results including graphs, raw data, and any other information that will be beneficial to Tompkins County. g. A list of possible options, including pros and cons, for realignment, such as: • Functional Consolidation for reducing redundancy; t° • Gradual Full Consolidation achieved through an attrition-based approach or through dissolution of all agencies and expansion of county law enforcement department; ° • Alternative realignment structures deemed more beneficial. 6. To be completed no later than March 31, 2017—A presentation to County officials and stakeholders on the results of the study, including findings, restructuring options, recommendations, and the advantages and disadvantages of each recommendation, a. including cost and service benefits to the taxpayer. ce The final scope of deliverables will be negotiated and modified as necessary with the firm a deemed most qualified. o The selected firm must deliver on the above-mentioned requirements while demonstrating the utmost in professionalism and integrity. Specific communications with designated County staff or survey participants will remain confidential. 4. PROPOSAL PROCEDURES A. TECHNICAL NARRATIVE ♦i Page 7 of 11 Packet Pg. 10 8 �1 1. The proposal must include a statement clearly articulating the understanding of the work to be performed and must specify the intended scope of work. 2. The proposal must describe the bidder's qualifications for professionally and expertly conducting the work as understood, including a track record relating to shared services between law enforcement service agencies and the bidder's ability to carry out the project specifications. 3. The proposal must describe the instrument(s) proposed to assess the feasibility study 0 and must describe, specifically,the approach used in the development of the study. 4. The proposal must describe the bidder's protocols to protect the confidentiality of cn participating law enforcement service agencies. 5. The proposal must describe the qualifications of all personnel who are to be assigned to or are proposed for this feasibility study. Documentation should include resumes o with relevant background, such as professional experience, education, training, and U certifications. 6. The proposal must indicate the firm's anticipated availability for the project and an estimated time line and performance schedule, if selected for this project. cc 7. The proposal must include a minimum of two (2)and a maximum of three (3) examples of similar projects that reflect similar work scope and cost parameters. The proposal must include client contact information for each of the examples provided. 8. The proposal must clearly identify the bidder's contact person concerning the E' proposal, the bidder's main address, telephone number, and email address; and where E the contact person can be reached. 0 B. COST OF PROPOSAL 1. The cost portion must be provided as a separate document from the technical 41-2 proposal. Do not make references to costs anywhere else in the proposal. 2. The cost portion should contain all pricing information relative to performing the LL work described in the Technical Narrative. cci F- L 3. The cost portion should include a statement of your bidder's basis for compensation. o For basic services offered in this proposal, the bidder shall provide a lump sum, all- inclusive maximum price, including direct and indirect costs, as well as a summary of percentage of estimated professional costs, total anticipated hours to complete the work, and the wage rates applied. \.O Page 8 of 11 Packet Pg. 11 as I 4. The cost quoted for performing the work should be inclusive. If cost excludes certain fees or charges, the bidder must provide a detailed list of excluded fees with a complete explanation of the nature of those fees. 5. Tompkins County may request additional services outside of the scope of the proposal. The selected bidder must be available to perform these additional services at the same rates detailed in the cost portion. 0 U 6. Tompkins County will not be responsible for expenses incurred by the bidder in preparing and submitting the proposal package. Such costs should not be included in c"n the proposal. C. ANTICIPATED SCHEDULE FOR RFP PROCESS,PROPOSAL REVIEW,AND AWARDcn The following schedule is tentative. Tompkins County reserves the right to amend this 0 schedule at any time. [Dates TBD] Activity Date a RFP Released June 30, 2016 u_ Questions Due from Bidders July 12, 2016 Responses to Questions Posted July 20, 2016 Bidder Proposals Due August 1, 2016 �./ City/County Panel Meeting to Screening Proposals August 8 -August 9, 2016 Bidder Finalists Presentations August 17-August 19, 2016 Award Determined and Confirmed August 26, 2016 Award Announced August 29, 2016 E Start of Work September 1, 2016 D. GENERAL INSTRUCTIONS a 1. All proposals are to be submitted in accordance with this Request for Proposal document. 2. Bids and any other required documents shall be submitted online at the following a. LL location: www.tompkinscountyny.gov/purchase (see instructions for online bid cc submission below). Bidders who do not have, or cannot obtain interne access must u. contact the Purchasing Division at (607) 274-5500 for further bid submission o instructions. Bidders should add contracts@a,tompkinscountyny.gov to your email address book to ensure timely notifications regarding the project(s) you have requested. 3. The Technical Narrative portion of the proposal is limited to ten (10) pages, 12-pt font. Examples will not be counted in the 10-page limit. Staff resumes will not be counted in the 10-page limit. 4. All Proposals must be signed by an authorized signatory of the proposer. Li Page 9 of 11 Packet Pg. 12 { The complete RFP response package, including Technical Narrative, and separately sealed Cost of Proposal are due to Tompkins County by August 1, 2016, no later than 12:00 p.m./noon EST. The Cost of Proposal must either be mailed or hand-delivered to: Tompkins County Finance Department c/o Lisa Hall Purchasing Division 125 East Court Street Old Jail Building, 2nd Floor Ithaca,NY 14850 Questions Regarding the RFP should be submitted no later than July 12, 2016. Official4705 responses to all questions will be published no later than July 20, 2016. Questions concerning the RFP should be sent via email to pyounger(a,tompkins-co.org. When sending the email, please prepare the SUBJECT LINE as follows: "RFP Questions: Law Enforcement Realignment Study." °; 0 E. ELIGIBILITY 0 Prospective bidders are not eligible to submit a proposal if current or past corporate cc and/or other interests may in the opinion of Tompkins County give rise to conflict of interest in connection with this project. Proponents are to submit with their proposal esi documents any issue that may constitute a conflict of interest violation for review by the Department of County Administration. The Department of County Administration's t° decision on this matter will be final. E F. MODIFICATION/ADDENDA o Tompkins County Department of Administration may, at any time prior to the closing date and time, issue additional information, clarifications or modifications to the RFP by a written addenda issued by the County Administrator or his/her designee only. It is the proposer's sole responsibility to ensure they have received all addenda prior to submitting a proposal. a G. EXCEPTIONS re H The submission of a proposal shall be considered an agreement to all the terms and a conditions provided herein and in the various proposal documents, unless specifically noted otherwise in the proposal. 5. CONSIDERATION OF RESPONSES ca A. SELECTION PROCESS 1. The Shared Law Enforcement Service Steering Committee will review and evaluate the proposals submitted. The committee will take into account the bidder's understanding of the project, demonstrated experience on similar projects and the Page 10 of 11 Packet Pg. 13 approach to this project request. Cost will be reviewed after initial analysis of submissions. Points will be distributed to each proposal based on the submission criteria identified above. 2. A short list of potential bidders submitting proposals deemed responsive to this Request for Proposals will be developed and those bidders may be asked to attend an interview before the committee. Though it is expected that only one interview will be co necessary, the committee reserves the option of calling for a second interview, presentation and/or additional follow up via phone, email, or Web-based platform, o such as Skype. B. EVALUATION CRITERIA 1. Qualifications and past experience of the bidder in doing the Work and 25% demonstrated competence in performing the Work. o 2. Responsiveness to the requirements of the RFP. 25% 3. The completeness of the proposal including scope, project approach 25% detailed work plan, and overall understanding of the Work. 4. Qualifications of staff that would be assigned to do the work, u_ including education and experience, as described in the Technical 25% Narrative T. M Proposals will NOT be publicly opened. Bidders will be advised of the results after evaluations of all proposals have been completed and a successful bidder has been determined. E E O U Q I- O w > a U- H U- Q d E U \I Page 11 o1 I I Packet Pg. 14 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 First Amendment to City-Ithaca Urban Renewal Agency (IURA) Professional Services Agreement— Resolution WHEREAS, in 2012 the IURA and City of Ithaca executed an agreement clarifying roles and responsibilities of each party regarding administration of Housing and Urban Development (HUD) Entitlement funds awarded to the City of Ithaca; and WHEREAS, from time to time the IURA staff may be available to assist the City complete other activities that are related to, or support the mission of the IURA; and WHEREAS, such assistance shall be offered at the sole discretion of the IURA; and WHEREAS, Plan Ithaca, the City's Comprehensive Plan, recommends preparation of a housing strategy to identify specific ways to increase the housing supply and decreasing housing costs; and WHEREAS, the IURA's mission is to improve the social, physical and economic characteristics of the City of Ithaca by expanding access to quality affordable housing, strengthening neighborhoods and the local economy, and supporting other community development activities; and WHEREAS, since 1975 the IURA has secured and successfully administered over $60 million in funding on behalf of the City of Ithaca to complete projects to expand affordable housing and revitalize urban neighborhoods; and WHEREAS, at their meeting on May 26, 2016, the IURA approved the First Amendment to the City-IURA Professional Services Agreement; now, therefore be it RESOLVED, That the Mayor is authorized, subject to review by the City Attorney, to execute an amendment to the City-IURA Professional Services Agreement to authorize IURA staff to assist the City complete IURA-authorized activities that are related to, or support the mission of the IURA. BACK-UP ITEM 10.1 4.24441-12471-12-46 5/26/16 CITY-IURA PROFESSIONAL SERVICES AGREEMENT Made this day of ,2013 2016 by and between The CITY OF ITHACA,a municipal corporation with offices at 108 East Green Street, Ithaca, New York, hereinafter called the"City",and the ITHACA URBAN RENEWAL AGENCY, an urban renewal agency formed pursuant to the provisions of General Municipal Law, having its principal office at 108 East Green Street, Ithaca, New York, 14850, hereinafter called "IURA", WITNESSETH THAT: WHEREAS, the City of Ithaca is a recipient of certain Entitlement Grants ("CPD Formula Grant Funds")through the Community Planning and Development(hereinafter"CPD") program office of the U.S. Department of Housing& Urban Development ("HUD"), including the Community Development Block Grant ("CDBG") program and the Housing Investment Partnership Program ("HOME");and WHEREAS, to access CPD Formula Grant Funds the City must prepare and submit to HUD each year either a Consolidated Plan or an Action Plan (the section of the Consolidated Plan that is updated each year) prepared in accordance with applicable regulations and comply with reporting and accomplishment requirements; and WHEREAS, by annual resolution,the City of Ithaca has duly authorized the IURA to administer its CDBG and HOME programs each year since the City was designated as a CPD formula grant recipient in 2004; and WHEREAS, the IURA has been administering the City's CDBG program continuously since 1975; and WHEREAS, HUD correspondence dated August 27, 2012, requests that an agreement between the City and the IURA be executed clarifying the roles and responsibilities for administering CPD Formula Grants awarded as the City is the legal applicant and recipient under applicable HUD rules;and WHEREAS, HUD correspondence acknowledges the existing operational structure has allowed the City to successfully administer and implement CPD Formula Grants and that the request for an agreement between the City and the IURA does not result from any performance deficiency;and WHEREAS, in addition to the administration of the City's CDBG and HOME programs, IURA staff may from time to time be available to assist the City with the completion of other activities that are related to, or support, the mission of the IURA; NOW,THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto do mutually agree as follows: Section 1. Definitions Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement: "CAPER" means Consolidated Annual Performance and Evaluation Report, an annual document reporting on how CPD Formula Grant Funds have been used to carry out the community's housing and community development strategies, projects and activities, including a summary of accomplishments. "CDBG" means Community Development Block Grant, a program of the United States Department of Housing and Urban Development. "CPD" means the Community Planning and Development program office of the United States Department of Housing and Urban Development that oversees CDBG and HOME programs. "HOME" means HOME Investment Partnerships Program, a grant program of the Unites States Department of Housing and Urban Development designed to help communities expand the supply of decent and affordable rental and ownership housing for low-income families. "HUD" means the United States Department of Housing and Urban Development. "Program Income" means gross income received by IURA from its use of CPD Formula Grant Funds and shall further have the meaning defined at 24 CFR 570.500(a)for income generated from the use of CDBG funds, and 24 CFR 570.92.2 for income generated from the use of HOME funds. Section 2. Overall Roles and Responsibilities 2.1 IURA shall act as the City's lead agency to plan, administer, implement and monitor CPD formula grants awarded to the City in accordance with all program requirements, including but not limited to the following regulations: • 24 CFR 570.200- 570.309—CDBG Eligible Activities and Entitlement Grants; • 24 CFR 570.500-513—CDBG Grant Administration; • 24 CRF 570.600-614—Crosscutting Program Requirements; • 24 CFR Part 91—Consolidated Submissions for Community Planning and Development Programs;and • 24 CFR Part 92— HOME Regulations. 2.2 City retains overall responsibility for ensuring that CPD formula funds are used in accordance with all program requirements. 2.3 City is responsible for determining the adequacy of performance by the IURA of its duties pursuant to this Agreement. 2.4 City is responsible to adopt the Consolidated Plan,the Annual Action Plan, the Citizen Participation Plan, including any significant amendment to the above documents,and execute the CAPER. 5_ IURA shall submit adopted plans to HUD to access CPD Formula Grant funds. 2 52.6 In addition to the forgoing, IURA may assist the City with other activities that are directly related to, or support, the mission of the IURA. Such assistance will be offered at the sole discretion of the IURA based upon the availability of staff to complete the task. Section 3. Statement of Work Action Plans 3.1 IURA shall prepare and submit to the City the following required recipient submissions to HUD to access CPD Formula Grant Funds: (a) Consolidated Plan—A 5-year strategic community development plan that identifies community needs, resources, and priorities,and establishes goals and objectives for use of CPD formula funds to address priority community needs. (b) Annual Action Plan—A one-year plan that provides a description and budget of the activities the City will undertake to address specific local objectives and priority needs that will be addressed using CPD formula grant funds and program income. (c) CAPER—An annual document reporting on progress made in carrying out the Consolidated Plan and the Annual Action Plan. (d) Citizen Participation Plan —This plan sets forth the City's policies and procedures for citizen participation in the development,and any amendment of,the Consolidated Plan, the Annual Action Plan,the Consolidated Annual Performance and Evaluation Report, and establishes a procedure to receive complaints. 3.2 IURA shall make its best effort to implement eligible activities included in City-Adopted Action Plans in accordance with applicable regulations through loan and or grant agreements, procurement contracts,through the City or other public agencies,or by the IURA's employees and/or contractors. Economic Development Revolving Loan Fund 3.3 IURA shall make its best effort to implement the Community Development Revolving Loan Program and the Priority Business Loan Program (collectively known as the"ED Revolving Loan Program") by using CDBG Funds to make loans consistent with the goals and objectives of the ED Revolving Loan Program as set forth in the "IURA Economic Development Financing Policy Guidelines and Operating Plan"and any subsequent revisions thereto, such plan being incorporated by reference and made a part hereof. 3.4 In implementing the ED Revolving Loan Program,the IURA shall be responsible for the following activities as appropriate: (a) Documentation of CDBG underwriting process consistent with the regulations at 24 CFR 570.209 and Appendix A to 24 CFR 570" Guidelines and Objectives for Evaluating Project Costs and Financial Requirements"; (b) Performance of a written credit analysis and presentation of loan applications to the IURA; (c) Maintenance of relevant information regarding the loan review; (d) All actions necessary to effect ED Loan Program loan closings including, but not limit to,the preparation of loan agreements,security agreements, promissory notes,guarantees, and other legal documents as appropriate and in a form consistent with standard commercial lending practices and with applicable rules, regulations, and policies of the CDBG program; (e) Performance of all administrative activities required pursuant to the use of CDBG funds including, but not limited to,environmental review requirements, maintenance of book of account, procurement and maintenance of statistical information including job creation/retention;and (f) Monitoring loan repayment and borrower's compliance with loan terms,and enforcing security agreements and guarantees. Housing Revolving Loan Fund 3.5 IURA shall administer and monitor program income derived from CPD Formula Grant Funds in possession of Ithaca Neighborhood Housing Services, Inc. ("INHS") in the Housing Revolving Loan Fund for compliance with applicable regulations. Environmental Review 3.6 With respect to environmental review requirements,the parties hereto acknowledge that City shall retain the ultimate responsibility for compliance, but that IURA shall cooperate with City in conducting environmental reviews and preparing proposed environmental determinations, notices and requests in compliance with environmental responsibilities described at 24 CFR 570.604 and 24 CFR 92.352. General 3.7 All activities undertaken by IURA with CPD Formula Grant Funds pursuant to this agreement shall be eligible activities pursuant to the regulations at 24 CFR Part 570 and 24 CFR Part 92. 3.8 IURA shall make its best efforts to accomplish its duties in an expeditious manner pursuant to this Agreement. Section 4. Integrated Disbursement and Information System(IDISI IDIS is a web-based system that provides financial disbursement, tracking, and reporting activities for CPD Formula Grant Fund programs. Information about each activity funded with CPD Formula Grant funds, including the estimated budget,expected accomplishments and beneficiaries is uploaded into the IDIS. 4.1 IURA is responsible for completing all IDIS grantee functions and submissions except for drawdown approval authority,which is retained by the City. IURA responsibilities include set up of the adopted Consolidated Plan/Annual Action Plan, set up of projects, set up of activities to implement projects, activity funding, prepare drawdown vouchers and accomplishment reporting. 4.2 City is responsible for approving drawdown vouchers. Section 5. Disbursements and Management of CPD Formula Grant Funds 5.1 IURA is responsible for disbursing and managing CPD Formula Grant Funds to make grants, forgivable loans, deferred loans and amortizing loans and other third party costs incurred by the IURA to carry out eligible activities included in an adopted Action Plan in accordance with policies governing such financial assistance pursuant to the regulations at 24 CFR Part 570 and 24 CFR Part 92. 5.2 IURA may use CPD Formula Grant Funds to pay for its reasonable and eligible planning and administrative costs pursuant to the regulations at 24 CFR 570.205 and 506.206 and 24 CFR 92.207. No more than 20%of the sum of any CDBG grant awarded plus program income shall be expended for planning and administrative costs. Not more than 10%of the sum of any HOME funds awarded plus program income shall be expended for reasonable administrative and planning costs. 5.3 IURA may use CPD Formula Grant Funds for reasonable staff and overhead costs directly involved in carrying out eligible CDBG activities included in an adopted Action Plan referred to as "activity delivery costs", which are eligible as part of such activities. 5.4 The IURA shall document general administrative, program delivery and revolving loan program costs of CPD Formula Grant Funds as follows: (a) Direct costs of IURA shall be documented by timesheets, invoices,or other appropriate information to evidence the nature and reasonableness of the cost. Such costs may include, but are not limited to employee salaries, benefits,and other compensation at rates not to exceed those paid by IURA for work not provided pursuant to this Agreement; and actual costs of materials, equipment, bonding, insurance and services incurred by IURA; (b) Indirect costs of IURA shall be reimbursed only where a written plan for the charging of such costs has been approved by HUD. Such costs are those which are charged as a percentage of direct costs and may include occupancy and equipment costs(including depreciation), maintenance, repair, and similar costs which are charged on a prorated basis;and (c) All costs charged by IURA pursuant to this section shall be consistent with the provisions of OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments". 5.5 IURA may retain and use CDBG program income on hand that is deposited in a separate Revolving Fund in accordance with regulations contained at 24 CFR 570.504 for the purpose of carrying out specific eligible activities, such as making certain loans to small businesses,which, in turn,generate payments to the fund for use in carrying out the same activities. IURA may use CDBG program income to make loans and to pay program delivery and general administrative costs consistent with the goals and objectives of the ED Revolving Loan Program as described in Section 3.3 of this Agreement. 5.6 To access CPD Formula Grant Funds awarded to the City, IURA shall submit a City voucher to the City Controller for eligible costs to accomplish the Statement of Work,along with supporting cost documentation. 5.7 IURA shall prepare a web-based IDIS voucher, pursuant to the City voucher, to draw CPD Formula Grant Funds awarded to the City. 5.8 Upon City Controller approval of the City voucher,an authorized City employee shall timely approve the IDIS voucher to draw CPD Formula Grant Funds into the City's grant account. 5.9 City shall timely transfer CPD formula Grant Funds received in the City's grant account to the IURA account upon receipt of CPD Formula Grant Funds. 5.10 All cash balances of CPD Formula Grant Funds shall be maintained by IURA in an interest bearing account pursuant to the provisions of 24 CFR 570.500(b)and 24 CFR 92.502(c). Consistent with the �-�' provisions of 24 CFR 85.21(i), any bank interest oaid on such account shall be paid to HUD no less than annually. Section 6. Financial Management and Administrative Requirements 6.1 IURA shall maintain a financial management system of CPD Formula Grant funds in accordance with 24 CFR 85.20 to ensure a financial system is in place that provides effective control over and accountability for all CPD Formula Grant Funds, property, and other assets, and includes a comparison of financial information reported on IDIS with financial records of actual assets and liabilities. 6.2 Parties hereto acknowledge that the IURA will maintain financial records to comply with audit requirements of OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" and City will integrate IURA finances into the City's annual audit. 6.3 IURA shall comply with OMB Circular A-110"Standards for Financial Management Systems", Attachment F, subparagraphs 2a.through 2d., 2f. and 2g. 6.4 Where costs incurred by IURA are to paid with CPD Formula Grant Funds, such costs shall be charged in conformance to OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments". 6.5 IURA shall comply with administrative requirements of 24 CFR Part 85 that are set forth at 24 CFR 570.502(a)_ �-' 6.6 IURA shall comply with the above-listed rules, regulations,and requirements as now in effect and any future additions or revisions to such rules, regulations,and requirements as may be applicable: Section 7. Monitoring 7.1 IURA agrees to monitor all activities carried out with CPD Formula Grant Funds to ensure long-term compliance with program requirements and to timely gather information required for reporting to HUD. Section 8. Reports and Information 8.1 In addition to items identified is section 3.1, IURA agrees to submit the following information to the City Controller: (a) Bi-weekly • City voucher and IDIS voucher including an expense report detailing requested funds to be drawn down from the City's line of credit with HUD (b) Monthly • A CPD Formula Grant Summary including budgeted amounts for each activity contained in current adopted Action Plans and the unexpended amounts remaining • A Loan Repayment Report on loans issued with CPD Formula Grant Funds that tracks repayment status and reports loan balances (c) Quarterly • The Federal Financial Report that details receipts and disbursements of CPD Formula Grant Funds, program income, and beginning and ending cash on hand • IDIS entries to recognize disbursements of program income for eligible expenses such as disbursement of loan funds and administrative and delivery expenses incurred • IDIS entries to recognize receipt of program income such as loan repayments (d) Annually • Balance sheet and income and expense statement of IURA finances • Year end audit work papers prepared to meet City auditor requirements for preparation of the City's annual financial audit Section 9. Records to be Maintained 9.1 IURA shall establish and maintain records required at 24 CFR 570.506 and 24 CFR 92.508 to demonstrate compliance with applicable requirements for CPD Formula Grant Funds, which includes the following information for each activity assisted: (a) A full description, including its location; (b) Eligibility pursuant to applicable provisions of 24 CFR 570 and 24 CFR 92; (c) Amount of CPD Formula Funds budgeted, obligated and expended; (d) Cost documentation for disbursement of CPD Formula Funds; (e) Project beneficiary income eligibility and demographic characteristics; and (f) Match funding. 9.2 IURA shall retain all records pertinent to this Agreement for six(6)years after completion of each activity. Section 10. Inspection of Records 10.1 At any time during normal business hours and as often as City may deem necessary, IURA shall make available to City or its agent all of its HUD records with respect to matters covered by this Agreement, and TURA shall permit City or its agent to audit,examine and make excerpts or transcripts from such records, and to perform audits of all contracts, invoices, materials, reports of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Section 11. Program Income 11.1 City and IURA acknowledge and agree that the following CPD Formula Grant assets were in possession of IURA as of October 30, 2012 and shall be used by IURA in implementing the Economic Development Revolving Loan Program as set forth in Section 2.4 of this Agreement or otherwise used in accordance with an adopted Action Plan: (a) CDBG Formula Grant Funds in the form of Program Income cash-on-hand in the amount of $442,299.12; and (b) CPD Formula Grant Funds in the form of Program Income notes receivable, payable to and in possession of IURA, and all program income derived therefrom, as identified in Schedule A attached herein. Following is the total amount of principal balance outstanding of all such Program Income as of October 30, 2012: CDBG: $1,449,541.15 HOME: $397,358.08 Total: $1,846,899.23 11.2 Future Program Income generated from use of CDBG funds shall be used by IURA in implementing the Economic Development Revolving Loan Program or other CDBG projects contained in an Action Plan. Future Program Income generated from use of HOME funds and received by IURA shall be used for additional HOME projects contained in an Action Plan. Section 12 Assistance with Other Activities 12.1 From time to time, IURA staff may have availability to assist the City with planning or other activities that are directly related to,or would support the mission of the IURA to"improve the social, physical, and economic characteristics of the City of Ithaca by expanding access to quality affordable housing, strengthening neighborhoods and the local economy,and supporting other community development activities." Toward that end the IURA may offer, and the City may accept by mutual agreement, IURA staff assistance with such activities. IURA staff will make best efforts to complete agreed upon tasks in a timely manner; however,activities related to administration of CPD funds will take priority and any consequent delay in completion of other activities will not be cause for termination of this agreement. Section 133. Term of Agreement 12413.1 This Agreement shall become effective as of the date first above written and shall remain in effect until terminated pursuant to the terms of this section. 4-2413.2 This Agreement may be terminated by either party at any time without cause to be effected by written notification of such termination. Such termination shall become effective 180 days after delivery of such notice. 13.3 This Agreement may be terminated by City for cause upon IURA's failure to comply with any provision of this Agreement. City shall effect such termination in the following manner: (a) City shall provide written notice to IURA stating the specific instance(s)of noncompliance. Such notice shall specify a date that is not less than thirty(30)days after the date of delivery of such notice(the"Response Date") by which IURA may cure, mitigate, or otherwise address the instance(s)of noncompliance. (b) Upon IURA's failure to cure, mitigate, or otherwise address the instance(s)of noncompliance to the satisfaction of City by the Response Date, City may, at its option, provide written notice to IURA effecting termination immediately upon the delivery of such notice. 4.2.413.4 Upon a termination of this Agreement, IURA shall not obligate or expend CPD Formula Grant Funds. 12413.5 Upon a termination of this Agreement,City shall be obligated to pay from CPD Formula Grant Funds costs resulting from any obligations of CPD Formula Grant Funds made by IURA pursuant to this Agreement where such obligations were made prior to the date of termination and in a manner consistent with the terms and conditions of this Agreement. I Section 143. Reversion of Assets 4-3-114.1 Upon termination of this Agreement, and in accordance with the provisions at 24 CFR 570.503(b)(8), IURA shall transfer to City any CPD Formula Grant Funds on hand and any notes and accounts receivable attributable to the use of CPD Formula Grant Funds. Such transfer of CPD Formula Grant Funds, notes and accounts receivable shall be made no later than thirty(30) business days after the termination date. Any real property under IURA's control that was acquired or improved in whole or in part with HUD CDBG Funds in excess of$25,000 shall be either: (a) Used to meet one of the national objectives in 24 CFR 570.208 until at least five years after the expiration of this Agreement; or (b) If the use of the property ceases to conform to the provisions of Section 13.1(a)of this Agreement prior to the expiration of the five-year period, IURA shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG Funds for acquisition of, or improvement to, the property. Such payment shall be made in full no later than one hundred eighty(180)calendar days after the date that the use of the property ceases to conform to the provisions of Section 13.1(a)of this Agreement. 13.214.2 Upon termination of this Agreement, IURA shall transfer to City any furnishings,fixtures, and equipment purchased in whole with CPD Formula Grant Funds. Such transfer shall be made no later than five(5) business days after the termination date and shall be made at City's expense in a manner prescribed by City. For furnishings,fixtures, and equipment purchased in part with CPD Formula Grant Funds, IURA shall either: (a) Pay to City an amount equal to the fair market value, as determined by mutual agreement, of such furnishings,fixtures, and equipment at the time of termination, less any portion of the value attributable to expenditures of non-CPD Formula Grant Funds for acquisition of such assets,such payment to be made by IURA no later than thirty(30)calendar days after the termination date;or (b) Transfer such furnishings,fixtures, and equipment to City no later than five(5) business days after the termination date. Section 154. Amendments 44415.1 This Agreement may be amended only by the mutual written consent of City and TURA. Section 166. Notices 15.116.1 Any notice,or request taken,given, or made by the City Mayor(or such other person or persons as City may, by written notice to IURA designate for such purpose)to IURA shall be deemed to be duly and properly given or made if mailed, postage prepaid,to: IURA Executive Director, 108 East Green Street, Ithaca, New York 14850, or delivered personally to IURA offices. Any notice, or request taken,given,or made by the Chairperson of IURA(or such other person or persons as IURA may, by written notice to City,designate for such purpose)to City hereunder shall be deemed to be duly and properly given or made if mailed, postage prepaid,to: Mayor,City of Ithaca, 108 East Green Street, Ithaca, NY 14850,or delivered personally to the City of Ithaca Mayor's office. IN WITNESS WHEREOF,the parties have caused this Amended Agreement to be duly executed and delivered by their proper and duly authorized offices as of the day and year first above written. CITY OF ITHACA By: Svante L. Myrick, Mayor ITHACA URBAN RENEWAL AGENCY By: Svante L. Myrick,Chairperson ACKNOWLEDGMENT OF SIGNATORY State of New York County of Tompkins On the day of in the year 2013 before me,the undersigned,a Notary Public in and for said state,personally appeared Svante L. Myrick,to me known or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Signature of Notary Public (Seal) ACKNOWLEDGMENT OF SIGNATORY State of New York County of Tompkins On the day of in the year 2013 before me,the undersigned,a Notary Public in and for said state, personally appeared Svante L. Myrick,to me known or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity,and that by her/his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Signature of Notary Public (Seal) l:\community development\policy\city-lura agreement\city-lura agree revisions draft*16-8-16 corrected 6-23-16.doc 14. MAYOR'S APPOINTMENTS: 14.1 Reappointment to Cable Access Oversight Committee —Resolution RESOLVED, That Wies vanLeuken be reappointed to the Cable Access Oversight Committee with a term to expire December 31, 2018.