HomeMy WebLinkAboutMN-B&A-2001-12-20 IT CITY OF ITHACA
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310 West Green Street Ithaca, New York 14850-5497
OFFICE OF THE FIRE CHIEF J U`
��kA?EO Telephone: 607/272-1234 Fax: 607/272-2793
MEMORANDUM
TO: DOMITIICK CAFFERILLO
FROM: MARCIA E.LYNCH,DIRECTOR OF DEVELOPMENT
SUBJECT: B&A AGENDA ITEM FOR MEETING OF 12/20
DATE:: DECEMBER 13,2001
As we have discussed,please include the following item,submitted by the Fire
Department(Emergency Management)on the Budget and Administration Committee's
December 20,2001 agenda:
• Establishment of Capital Project—National Weather Service transmitter
See proposed resolution attached. We will be at the meeting to provide further
information.
"An Equal Opportunity Employer with a commitment to workforce diversification." zo
Proposed resolution: Establishment of Capital Project— National Weather Service Transmitter
Whereas,the City of Ithaca,through efforts of the Ithaca Fire Department,will soon receive$75,000 in
grant funds awarded by the Rural Utilities Service(RUS)of the U.S. Department of Agriculture,to support
installation of a National Weather Service transmitter,which will extend National Weather Service(NWS)
coverage to this area;and
Whereas,these grant funds will support the entire cost of this project, at no cost to the City, including
acquisition and installation of the transmitter and associated equipment at a site donated by Ithaca
College;and
Whereas,on October 3,2001, Common Council authorized,and Mayor Cohen on October 24, 2001
signed,on behalf of the City of Ithaca,a Memorandum of Agreement with the National Weather Service,
which will transfer ownership of the acquired facilities to the weather service once installed, so that NWS
can assume maintenance and operating costs;and
Whereas,the City Controller has advised that establishment of a capital project is the appropriate
financial mechanism to accept the grant funding and support acquisition and installation of the equipment
prior to transfer; now,therefore, be it
RESOLVED that Common Council hereby authorizes establishment of a capital project to support this
purpose and,further, authorizes the City Controller to transfer grant funds received from the Rural Utilities
Service to the appropriate capital account.
Planning Department - Request to Approve Traffic Calming
Contract
WHEREAS, the City' s Traffic Calming Program is preparing to
enter the implementation phase of the development, and
WHEREAS, based on traffic calming plans, the Planning Department
has requested and received Requests for Proposals to provide
preliminary construction drawings and cost estimates, and
WHEREAS, the firm of Dufresne-Henry of Rochester, New York, has
been recommended to provide said schematic level drawings and
cost estimates at a contract cost of $59, 350; now, therefore, be
it
RESOLVED, That the Mayor be hereby authorized to enter into an
agreement with Dufresne-Henry of Rochester, New York at a cost
not to exceed $59, 350 to provide preliminary construction
drawings and cost estimates for various traffic-calming measures
based on the prior work by Fehr and Peers Consultants, and be it
further
RESOLVED, That funds needed for said contract shall be derived
from the existing authorization in Capital Project #384 City-
wide Traffic Calming.
CITY OF ITHACA j
108 East Green Street Ithaca, New York 14850-5690
C►�` .,+`� DEPARTMENT OF PLANNING AND DEVELOPMENT *?�
Po��O H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. MCDONAI.D, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA- 607-274-6559
Email: planningCacityofithaca.org Email: iuraCacityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Budget & Administration Committee
From: Tim Logue, Neighborhood and Economic Development Planner
Date: December 13, 2001
Re: Traffic Calming Contract
The City's Traffic Calming Program is preparing to move into the next stage of
development, from planning to implementation. To date, Leslie Chatterton and
I have worked with various neighborhood groups to formulate and refine traffic
calming plans for five "pilot" areas in the city. Accompanying this memo is a
proposed contract with Dufresne-Henry of Rochester to take the schematic
level drawings and cost estimates that we have to "construction level" design
and cost estimates. It is expected that the final product of this contract will be
documents that, with the Board of Public Work's approval, can be put out for
bid for the 2002 construction season.
Unfortunately, one of the pilot sites, Cliff Street, has been dropped, for now,
due to feasibility issues and is therefore not included in the contract. Another
site, South of the Creek, has been in a state of limbo now for the past few
months as the Six Point Traffic Plan has been evaluated. Now that Council has
approved the plan, it is expected that further traffic calming will be planned
with and for that neighborhood. However, it is expected that the current plan,
primarily for streets east of Plain Street, will proceed as planned, with the
exception of the modern roundabout proposal. With the conversion of West
Spencer Street to two-way traffic and the realignment of its intersection with
Albany Street and Old Elmira Road, the future of the roundabout may need to
be reconsidered. For this reason, we have asked Dufresne Henry to prepare
preliminary construction drawings and cost estimates, but not to take them to
the next level. This information will help inform the City as to how to proceed
at this intersection. Lastly, we recommend the $1,350 option to tie digital
drawings into vertical and horizontal datums; this will allow final products to
integrate with the City's AutoCAD and GIS systems.
'An Equal Opportunity Employer with a commitment to workforce diversification." n
W
CONTRACT FOR SERVICES
INDEPENDENT CONTRACTOR
Made this day of January, 2002, between:
THE CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street, Ithaca,
New York,hereinafter called "the City," and
DUFRESNE-HENRY, 80 St. Paul Street, Rochester,NY, hereinafter called "the Contractor."
WITNESSETH:
WHEREAS,the City requires certain services to be performed more particularly set forth in
Schedule"A"attached hereto and made a part hereof, and
WHEREAS, the Contractor is desirous of performing such services and the City is desirous of
contracting with the Contractor to provide such services,
NOW, in consideration of the covenants, conditions, and provisions contained herein, it is hereby
AGREED as follows:
1. The Contractor agrees to perform the services set forth in Schedule A attached
hereto and made a part hereof in a manner and at such time or times as is
satisfactory to the City.
2. The Contractor shall be paid for providing such services as follows: $ 59,350
upon completion of work. Payment shall be made following submission of an
invoice and City voucher in accordance with established City payment policies
and practices.
3. The relationship of the Contractor to the City is that of an independent contractor.
As such, the Contractor shall receive no fringe benefits from the City including,
but not limited to,medical insurance, retirement benefits,worker's compensation,
disability, unemployment insurance or any other benefits or remuneration other
than that set forth in paragraph 2 hereinabove.
4. Workers' Compensation and Disability Coverage: A condition for entry into this
agreement is the presentation by Contractor to the City Attorney's Office of the
City of Ithaca of either proof that Contractor provides the levels of workers'
compensation and disability coverage required by the State of New York or that
Contractor is not required to provide such coverage.
5. The City may terminate this contract at any time without cause, in which case the
Contractor shall be paid pro rata for the satisfactory work performed to date of
termination.
6. The Contractor shall defend, indemnify, and hold the City harmless from any
claims against the City arising from the negligence or intentional conduct of the
Contractor.
7. The Contractor will not discriminate against any employee, applicant for
employment, subcontractor, supplier of materials or services or program
participant because of race, age, creed, color, sex, national origin, disability,
marital status or sexual preference.
CONTRACTOR:
By Date
SS#or Federal ID#
CITY OF ITHACA:
By Date
H. Matthys Van Cort
APPROVAL AS TO FORM:
By Date
City Attorney
MAYOR:
Date
Alan J. Cohen
CITY CONTROLLER:
By Date
BUDGET AND ADMINISTRATION COMMITTEE:
By Date
Chairperson
QAPLANNING\PROJECTS\Traffic Calming\Design RFP\Contract with Dufresne-Henry.doc
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SCHEDULE A
Construction Drawings for Traffic Calming Measures
Capital Project#384
Introduction
The City of Ithaca has proposed a scope of work for the traffic calming measures based on the
prior work by Fehr and Peers consultants. Dufresne Henry has reviewed the scope of work and
proposes the following for consideration:
1) Construction Drawings
We propose that this portion of the project be divided into five steps. The process is intended to
allow the City to proceed through a deliberative decision making and implementation process.
The steps in this process are described below:
1.1: First will be a kick off meeting and site visit with the client and the City Department
of Public Works to confirm the locations of the proposed traffic calming devises. At the
meeting, the permanence of the installations and the types of appropriate materials will be
discussed.
The center island narrowings on South Aurora Street
The two speed tables and the chokers on Buffalo and Court Streets
The five speed tables in the south of the Creek neighborhood
Deliverable: Meeting Minutes
1.2: Second will be completion of limited field survey,review of the geometrics proposed
by Fehr and Peers Associates, Inc., the drawing of a draft prototype including materials
and geometry and the preliminary sketches for the roundabout..
Deliverables: Prototype Drawings (geometry and materials)
Deliverable: Survey base map
Deliverables: Preliminary drawings of the roundabout.
1.3: Third will be the determination of preliminary opinions of probable cost based on the
enhanced information determined at this stage.
Deliverable: Preliminary Opinions of Probable Cost
QAPLANNING\PROJECTS\Traffic Calming\Design RFP\Contract with Dufresne-Henry.doc
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1.4: Fourth will include the second meeting with the Client and the City Department of
Public Works and (if applicable) the New York State Department of Transportation. .
Deliverable Meeting Minutes
1.5: Fifth will include the preparation of final design drawings for the traffic control
devices in the following areas: (see also areas of work below)
The center island narrowings on South Aurora Street
The two speed tables and the choker on Buffalo and Court Streets
The five speed tables in the south of the Creek neighborhood
Deliverable: Construction Drawings
Proposed Drawing List:
Layout and grading drawing. Existing and proposed spot elevations will be
shown. Streetscape and drainage Improvements will be shown on the drawing
also. A detail sheet will also be provided depicting the materials and geometry of
the traffic control devices. This will be a finalization of the prototype drawing(s)
prepared in step 1.2.
Construction Specifications will be completed for those elements that will be advertised
for competitive bidding (i.e. not constructed by City forces). We have assumed that the
"boilerplate"portions of the specifications will be available from the City for use without
modfications except for dates etc. Services during bidding and construction can be
provided on an hourly basis.
Areas of Work:
South Aurora Street(approx. the 600, 700 and 800 blocks)
Three center island narrowings
Dey Street
Two raised crosswalks with bulbouts
One raised intersection with bulbouts
One half-closure
Buffalo/Court Streets
Four raised crosswalks
Two speed tables
Six raised crosswalks
Two raised crosswalks with bulbouts
One choker
QAPLANNING\PROJECTS\Traffic Calming\Design RMContract with Dufresne-Henry.doc
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South of the Creek Neighborhood
Five speed tables
One raised median
Two pairs of bulbouts(two different intersections)
One modern roundabout
2) Detailed Cost Estimates
Detailed opinions of probable costs will be provided for those components that are
chosen for final design.
3) Proposed Fee
The following fixed fees are proposed for each of the tasks noted above:
Task 1.1 Project startup meeting, site visit with client to confirm
location of the traffic calming devices: $ 2,000
Task 1.2 Survey, geometry/material review and
preliminary construction drawings for roundabout. $ 22,000
Task 1.3 Preliminary Opinions of Probable Cost $ 2,500
Task 1.4 Client Meeting /Minutes $ 500
Task 1.5 Construction Drawings Devices (except roundabout) $ 25,000
Task 2 Detailed Costs Estimates $ 6,000
Total: $ 58,000
Optional tie to Vertical and Horiz. Datum $ 1,350
Total with Datum: $ 59,350
Assumptions:
QAPLAWNG\PROJECTS\Trafc Calming\Design RMContract with Dufresne-Hentydoc
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1. The proposal assumes that an EAF will be prepared as part of the study. The fee assumes that
no special studies or environmental impact statement are currently included.
2. The proposal assumes that no traffic studies will be provided as part of the study and that this
work has been completed prior to this time.
3. The proposal includes a survey quote from TC Miller which includes use of an assumed
horizontal and vertical datum. We can obtain a supplemental quote to locate and use a different
datum from T.C. Miller if requested.
4. The proposal assumes that boilerplate sections of the Contract Specifications suitable for
insertion into the specification without editing,will be available from the City. (This is often the
case due to local preferences and prior review by their own attorney.)
5. The proposal does not include bidding and construction services. These can be provided on
an hourly basis.
6. The proposal assumes modest changes to utilities (catch basin location changes). The proposal
does not does include the design of retaining walls, signalization design,water, sewer or other
utility design.
7. The proposal assumes construction can occur within existing City Rights - of-Way and that
there will not be drawings required which depict property takings or transfers. Existing ROW
information will be obtained from available as-built mapping. We can obtain pricing for
boundary mapping from T.C. Miller if requested.
8. The proposal assumes three project meetings with the client and two meetings with review
agencies. Additional meetings can be facilitated on an hourly basis.
Q:\PLANNING\PROJECTS\Traffic Calming\Design RFP\Contract with Dufresne-Henry.doc
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DPW - Request Funds for Stewart Avenue Bridge Sidewalk Repairs
WHEREAS, due to rapid deterioration in the sidewalk on the
Stewart Avenue Bridge, staff has recommended emergency repairs,
and
WHEREAS, the Board of Public Works has declared that the
sidewalk on the Stewart Avenue Bridge is in need of emergency
repairs, and
WHEREAS, staff has estimated the sidewalk repair cost at
$15, 000; now, therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project
#456 in the amount of $15, 000 for the emergency repair of the
sidewalk on the Stewart Avenue Bridge, and be it further
RESOLVED, That funds necessary for said emergency repair shall
be transferred from Capital Reserve #4 Bridges .
CITY OF ITHACA
V~ ¢ 1 James L. Gibbs Drive Ithaca, New York 14850
i
�► ` YOUTH BUREAU
Telephone: 607/273-8364 Fax: 607/273/2817 L ` J -
Iva
iBy
DATE: December 13, 2001
TO: Members of the Budget and Administration Committee
FROM: Alice Green, IYB Acting Director }
RE: Request to include two items in Decem er 20, 2001 Agenda
After seven years of operation, the Inter-municipal Recreation Partnership has
recommended an ongoing agreement for mutually sharing finances and planning for
Recreation programs. At this time, the sole program provider is the IYB Recreation
Department.
Item One:
Attached, for your approval, are copies of the Proposed Terms of Agreement
among the 11 participating municipalities, along with a city-county contract governing
delivery of services and payments, and the By-Laws proposed for the operation of the
Partnership's Governing Board.
Also included is a list of 2001 accomplishments of the Recreation Partnership
Board prepared for the board's last meeting. This is truly a unique example of inter-
municipal cooperation that's working.
Item Two:
In a related matter, we are also requesting release of$15,000 in restricted
contingency funds earmarked for a study of the ownership and management of our
waterfront recreation facilities(Cass Park, Stewart Park and Newman Golf Course). The
$30,000 study, by Economic Research Associates of Washington, DC, is well underway.
It is jointly funded by the City($15,000), Town of Ithaca($5,000), and Tompkins
County($10,000). A final report is due in March.
Thanks for your ongoing support of these inter-municipal efforts.
"An Equal Opportunity Employer with a commitment to workforce diversification." ��
Youth Bureau - Request Release of Funds from Restricted
Contingency for Feasibility Study
WHEREAS, the 2001 Approved Budget included $15, 000 in funds
placed in Restricted Contingency to pay for the City' s portion
of a Recreation Facilities Study, and
WHEREAS, the Study, which is currently underway, will be jointly
planned and paid for by the City of Ithaca, Town of Ithaca and
Tompkins County at a total study cost of $30, 000; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of
$15, 000 from account A1990 Restricted Contingency to account
A7310-5435-1501 Youth Bureau Contracts to be sent to Tompkins
County for the City' s portion of the Recreation Facilities
Study.
Alice Green citypaym.docPage 1
MEMORANDUM
TO: Dominic Cafferillo
FROM: Nancy Zahler
DATE: December 4, 2001
RE: City Payment for Recreation Facilities Study
Tompkins County has entered into a contract with ERA consultants to conduct the Recreation
Facilities Study jointly planned by the City of Ithaca, Town of Ithaca and Tompkins County.
Your copy of the executed agreement is attached. In the City's 2001 budget,you agreed to
contribute$15,000 toward the total cost of$30,000 for the study. The study officially began on
October 24'when elected officials met with ERA consultants at our kick off meeting. For the
County to make the agreed upon payments to ERA,the Town of Ithaca needs to process its
$15,000 payment to Tompkins County.
Please remit by December 21, 2001 if possible. Please contact me or Theresa Albert if you have
questions.
Thank you.
Cc Mayor Alan Cohen
Deputy Mayor Paulette Manos
Councilwoman Joan Spielholz
Alice Green
t
Youth Bureau - Request Approval of Recreation Partnership
Agreement
RESOLVED, That the Mayor be authorized to enter into an
agreement with the Towns of Caroline, Danby, Dryden, Enfield,
Groton, Ithaca, Newfield and Ulysses, the Village of Lansing and
Tompkins County for the term beginning January 1, 2001 and
continuing indefinitely for the Intermunicipal Cooperative
Recreation Partnership Agreement attached.
I AGREEMENT FOR INTERMUNICIPAL COOPERATIVE
2 RECREATION PARTNERSHIP
3
4 Pursuant to Section 119-o of the General Municipal Law, the undersigned municipalities
5 hereby enter into this Agreement to form a Recreation Partnership.
6 This agreement shall become effective upon execution by each and every municipality
7 listed in below and shall continue indefinitely. If all of the approvals and signatures are not
8 obtained by February 28, 2002 this agreement shall be null and void.
9 Establishing a Program
10 The parties hereby establish an on-going program partnership for the purpose of jointly
11 planning, financing, providing, and coordinating shared, recreational services that supplement
12 and complement those offered by localities. A governing board of partners will direct and
13 oversee the contracted services of the Ithaca Youth Bureau's Recreation Division and other
14 providers. The Partnership will be governed independently of any municipality. The
15 Partnership will have no authority over any locally planned, locally funded, and locally
16 operated programs except at the request of the sponsoring municipality. Local programs may
17 choose to use the Partnership as a vehicle for voluntarily sharing information, equipment,
18 publicity about programs, and/or coordinating their respective services. The Ithaca City School
19 District participates by providing access to school facilities for Ithaca Youth Bureau
20 programming in a reciprocal and mutually beneficial arrangement outlined in a Memorandum
21 of Understanding.
22
23 Sharing Program Costs
24
25 For 2001, the Ithaca Youth Bureau, in consultation with the current Recreation
26 Partnership Board, will develop a diverse set of services that cost no more than $185,000 after
27 program revenues are subtracted. This is likely to require a combined approach of increasing
28 sponsorships, raising fees, trimming costs and reducing new offerings since the projected cost
29 for 2001 was originally $195,000.
I The $185,000 in net operating costs of programs shall be split four ways. The City of
2 Ithaca shall pay one quarter of the total, the Town of Ithaca shall pay one quarter, and the
3 County shall pay one quarter. The remaining one-quarter shall be shared among smaller
4 municipalities.
5 The cost for each smaller municipality will be calculated using an index that combines
6 the 1999 assessed value of its taxable properties in the Ithaca School District and its share of
7 program participation in 1998. The Planning Group selected this formula, which assigns the
8 assessed value twice the weight of participation, for several reasons. First, the use and
9 weighting of assessed value was used as a measure of each municipality's ability to pay for
10 services. Second, the formula recognizes that children from the Ithaca City School District
11 have been significant users of the services and a number of municipalities have been concerned
12 about providing equitable support to all their youth. Third, the use of Ithaca City School
13 District properties as opposed to the municipalities' full assessment, acknowledges that towns
14 like Dryden, Ulysses, Groton, and Lansing also invest significantly in their own local recreation
15 programs which are used primarily by children from their own school districts. Finally, by
16 assigning a heavier weight to the assessed values of properties in the Ithaca School District, the
17 amounts in this fiscal scenario resulted in more modest changes over the current amounts than
18 most of the other formulas considered. A chart outlining 2001 and 2002 proposed costs is
19 attached as Appendix 1.
20
21
22 To determine future contributions:
23
24 A) The governing board shall review preliminary budget projections by May and
25 decide on the acceptable net program cost for the upcoming year;
26
27 B) The governing board shall develop budget guidelines for allocating the cost of any
28 agreed upon increases. e.g. The governing board may specify how much of the
29 increase should be raised through fee increases, how much is to be raised through
30 sponsorships, how much through cost cutting, and how much should be subsidized
31 by partners;
32
2
' 1 C) Every year, the participation rates of the three previous years shall be reviewed,
2 averaged and used along with the most recent assessed valuation to re-calculate the
3 members' contribution rate for the upcoming year;
4
5 D) The governing board shall periodically re-examines the basis for cost allocation
6 (e.g. The 4 way split and the use of the index with smaller municipalities) for all
7 participating municipalities.
8
9 If the City is not able to achieve an acceptable facilities agreement by July 1,
10 2002, the City Youth Bureau, as a provider, reserves the right to re-negotiate the
11 facility costs charged to partners for Ithaca Youth Bureau Recreation Division
12 Programs beginning in January 2003.
13
14
15 Governance
16
17 Name: The governing board shall be called the Recreation Partnership Board. It will
18 replace the Recreation Partnership Board that existed from 1995-2000.
19 Membership: The board shall have a total of 14 members. The partners include:
20 Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield and Ulysses, the Village
21 of Lansing, City of Ithaca and Tompkins County. Each participating municipality will have at
22 least one seat on the governing board (11). The Recreation Planning Group recommends that
23 these seats be filled with an elected official willing and able to make policy,decisions. When
24 deemed necessary by any municipality, a lay designee who has the confidence of that municipal
25 board may be appointed.
26 In addition, the City of Ithaca, the Town of Ithaca, and Tompkins County may appoint
27 one more representative each to reflect their greater investment in the Partnership (3). These
28 additional appointed representatives may be elected or lay members. The Recreation
29 Partnership Board may determine if it wants to create any non-voting at-large seats to add
30 expertise or coordinating links to other key stakeholder groups e.g. Ithaca School District,
31 youth with disabilities.
32 Members will serve two-year terms.
33 The governing board will elect its own officers: a Chair, a vice chair, and a treasurer.
3
I Roles of the Recreation Partnership Board
2
3 The Recreation Partnership Board will develop its own operating by-laws to be ratified
4 by all municipal partners. Future amendments will be subject to ratification by all participating
5 municipalities.
6 The Board will develop a work plan of key policy, program, and planning issues to be
7 addressed annually.
8 The Board will select providers, set program and budget priorities, and approve the net
9 operating budget for programs, set fees for all programs and sponsorships and fiscal targets
10 and guidelines for scholarships for use by the provider(s). Municipal boards will ratify the
11 budget annually.
12 The Board will meet monthly to review progress toward goals, address policy
13 questions, review performance data, and finances to assure that provider(s) are meeting the
14 goals and expectations of the partners.
15 The Board will authorize any addition or deletion in programs and acceptance of any
16 large group sponsorships.
17 The Board will periodically evaluate the performance of its providers and make
18 recommendations to enable providers to improve services
19 The Board may assign a liaison to program advisory committees to work with the
20 group and staff to identify any policy questions that need action by the full governing board.
21 Recreation Partnership Board representatives will be required to make regular reports
22 to their municipalities.
23 Roles of officers
24
25 The Chair shall develop the agenda in consultation with the Tompkins County Youth
26 Bureau staff and providers, chair the meetings, represent the Recreation Partnership Board at
27 inter-municipal or public meetings, assist as needed in contract negotiations to implement the
28 wishes of The Recreation Partnership Board.
29 The Vice Chair shall act in the absence of the chair.
4
I The Treasurer will work with the provider(s) and Tompkins County Youth Bureau
2 staff to develop a format for regular financial reports that meet the needs of the Recreation
3 Partnership Board. The Treasurer will review the financial report prior to the Board meetings
4 and present the report to the full Board, noting any significant changes in expenses or
5 revenues. The Treasurer will recommend to the Board a budget timetable and guidelines to
6 enable providers to prepare budgets for the upcoming year.
7 Fiscal agent and staff support: The participating municipalities will make their payments
8 to Tompkins County. The funds will be managed as a separate program within the Tompkins
9 County Youth Bureau's budget. The County Youth Bureau will contract with and make
10 payments to providers authorized by the Recreation Partnership Board.
11 The Recreation Partnership Board will work toward the establishment of a permanent
12 program coordinator position that would exist independent of any individual participating
13 municipality. Within the first two years, the Recreation Partnership Board will develop the
14 duties and qualifications, and designate the employer of record.
15 Staff from the Tompkins County Youth Bureau will work in close cooperation with the
16 Recreation Division of the Ithaca Youth Bureau and other providers to provide support to the
17 Recreation Partnership Board that includes:
18 • coordination of orientation to the Partnership and its services;
19 • orientation to the roles of the Recreation Partnership Board and its members;
20 • assistance in developing an annual work plan of priority planning, oversight, and
21 evaluation issues;
22 * assistance in developing policy options and guidelines as needed to implement the work
23 plan;
24 • preparation of meeting agendas in consultation with the Board chair and providers;
25 • preparation of minutes;
26 • preparation of contracts with providers as authorized by the Recreation Partnership
27 Board;
28 • coordination with the providers to assure that program and financial reporting meets
29 the needs of the Recreation Partnership Board;
30 • coordination with providers to assure that their program policy questions that require
31 Board decisions are acted on in a timely way;
32 • authorization of payments after Board review of expenses;
33 • assistance to the Board in monitoring and evaluating providers, as requested.
34
35
5
I The provider(s)will be responsible for:
2 • providing the programs and services authorized by the Recreation Partnership Board in
3 compliance with all relevant laws and safety regulations;
4 • providing a summary of participation, program highlights, participant feedback,
5 expenses and revenues for each program within two months after the last date of the
6 provision of service to enable the Board to evaluate the program and make
7 recommendations for the future;
8 • convening advisory groups as needed to review operational details of interest to
9 participants;
10 • providing adequate liability coverage for approved programs and holding the
11 participating municipalities harmless
12 • tracking and reporting expenses and revenues in formats requested by the Recreation
13 Partnership Board, in account(s) separate from the provider's main budget;
14 • tracking participation in formats and on a schedule requested by or acceptable to the
15 Board;
16 • periodically highlighting any trends or significant changes in programming,
17 participation, customer feedback, expenses or revenues for the Recreation Partnership
18 Board;
19 • recommending programs or changes to improve services and/or lower costs;
20 • working with the Tompkins County Youth Bureau to present any policy questions and
21 options related to programs or financing that require Board action.
22
23 FISCAL AND ADMINISTRATIVE ACCOUNTABILITY
24 Independence: The Partnership will be a free-standing inter-municipal commission
25 governed by its partners.
26 Role and Relationship of the City of Ithaca: Currently, the City of Ithaca is a member, the
27 sole provider, coordinator, and the fiscal agent for the partnership. In the future, the City will
28 be a member responsible for one quarter of the program costs. Like other members, it will
29 make a payment to Tompkins County for its share of the approved budget. Like Tompkins
30 County and the Town of Ithaca, it will have two seats on the governing board. Like other
31 members, it may ask or convene local advisory committees to recommend the kinds of
32 recreation services they want for the residents of their own municipality.
33 As a provider selected to operate programs for the next two years, the City of Ithaca
34 will hire/contract staff as needed within the approved budget to provide services authorized by
35 the Recreation Partnership Board. The Ithaca Youth Bureau will be subject to normal civil
36 service rules and procedures and to approved collective bargaining agreements. As a provider,
6
I the City will use its own facilities and may enter into agreements with other municipal partners
2 or agencies to use other facilities throughout the partnership for approved programs.
3 As a provider, the City will keep separate account of partnership funds and report in a
4 format and on a timetable requested by the Recreation Partnership Board.
5 Role of Tompkins County: Tompkins County is the fiscal agent for the Partnership.
6 The County shall provide bills to the municipalities based on the agreed upon cost allocation
7 and shall receive funds from the municipalities.
8 The County Youth Bureau will administer those funds in accordance with the wishes of
9 the Recreation Partnership Board by creating and managing contracts with designated
10 providers and making approved payments to providers. The providers will continue to be
11 responsible for tracking line item expenses and program revenues and will provide this
12 information in a format required by the Recreation Partnership Board.
13 Fiscal accountability
14 As a condition of this agreement, designated provider(s) will maintain completely
. 15 separate accounting for the Partnership that clearly shows all revenues by program, cluster and
16 total; that shows all expenses, including direct, administrative, and facility-related costs by
17 program, cluster and total.
18 The providers must be able to track surpluses and deficits across budget years.
19 The providers will prepare financial reports in a format that satisfies the governing
20 board which includes proposed budget, year to date cumulative expenses and revenues.
21 The providers will also identify any potential for under or over-spending in the
22 upcoming quarter so the governing board can make decisions on how to address changes.
23 How surpluses and deficits will be handled
24 The Recreation Partnership Board will decide how unanticipated under-spending or
25 surpluses will be handled. For example, a surplus or savings might be carried over for one-time
26 program expenses, reserved for future deficits, used to pilot new self-supporting programs,
27 used as credits to reduce next year's municipal payments or budgeted into a reserve fund for
28 equipment/vehicle replacement.
7
I A provider may experience a deficit from shortfalls in revenue despite its due diligence
2 in trying to meet projections or unanticipated increases in costs. If this occurs, the Recreation
3 Partnership Board will, in consultation with the provider, develop a plan to handle the deficit
4 which may include: authorizing mid-year changes to increase revenue or cut costs; authorizing
5 use of a contingency fund.
6 How Municipalities Join or Leave the Partnership
7 The Towns of Lansing and Newfield may join the Partnership on a trial basis for one
8 year starting in 2001 at the costs shown in Appendix 1. During the trial period, they would not
9 be subject to the member withdrawal requirements listed below. If they elect to join, they will
10 be invited to appoint one elected official or designee to serve on the Partnership Board.
ll If any municipality chooses to join after October 2001, the Recreation Partnership
12 Board will decide how to handle the increased municipal contribution for the trial period.
13 After the trial year, the cost-sharing formula will be re-adjusted for all continuing partners.
14 A member municipality may elect to withdraw from the Partnership. Since a
15 withdrawal from the Partnership will financially affect all of the remaining partners, the
16 municipality seeking to withdraw must give fifteen months notice. E.g. A municipality must
17 notify the Partnership by October 1, 2001 of its intention to withdraw at the end of December
18 2002.
19 If a municipality withdraws and the remaining partners agree to assume some or all of
20 the shortfall caused by the withdrawal, the same cost allocation plan shall be used to re-
21 calculate their annual program contributions.
22 Participation in Programs by Residents on Non-Member Municipalities
23 Residents from non-member municipalities are welcome to participate on a space-
24 available basis. Since they are not contributing through local taxes to subsidize the programs,
25 they will be charged a fee twice the rate charged to members OR the actual unsubsidized cost,
26 based on the prior year's calculation, whichever amount is higher.
27
28 Dated: , 2002
29
30
8
I TOWN OF CAROLINE
2
3
4 by
5
6
7 TOWN OF DANBY
8
9
10
11 by
12
13
14 TOWN OF DRYDEN
15
16
17
18 by
19
20 TOWN OF ENFIELD
21
22
23
24 by
25
26 TOWN OF GROTON
27
28
29
30 by
31
32 TOWN OF ITHACA
33
34
35
36 by
37
38 TOWN OF NEWFIELD
39
40
41
42
43 BY
9
I TOWN OF ULYSSES
2
3
4
5
6 by
7
8 VILLAGE OF LANSING
9
10
11
12
13 by
14
15
16
17 CITY OF ITHACA
18
19
20
21
22 by
23
24
25 COUNTY OF TOMPKINS
26
27
28
29 by
10
Attachment 1
Cost Sharing Plan for Recreation Partnership Municipal Members
In the plan agreed to by all eleven participating municipalities, the cost to partners is calculated
by subtracting all fees and other revenues from the cost of providing registration- based
programs approved by the Partnership Board. Note: This net cost does not include the
operating costs of facilities offering open skating, swimming. The net cost is to be shared
according the following formula:
• City of Ithaca shall pay one quarter.
• Town of Ithaca shall pay one quarter.
• Tompkins County shall pay one quarter to underwrite the cost to all municipalities.
• Smaller municipalities shall share the remaining one-quarter.
Formula for sharing one quarter of the net cost of programs among smaller municipalities:
0
The following figures were calculated using an index of assessed value of taxable properties in
the Ithaca City School District and the percentage of participation from each municipality. As
approved by the Recreation Partnership Planning Group and Board, property assessments were
assigned a value of twice that of participation. (Detailed calculations on file at Tompkins
County Youth Bureau)
For 2001, the 1998 assessed values were used with 1998 participation.
For 2002, the 2000 assessed values were used with an average of participation in 98,99,2000
Partner 2001 2002
City of Ithaca $46,250 $47,638
Town of Ithaca $46,250 $47,638 -
Tompkins County $46,250 $47,638
Town of Caroline $5,618 - $5,814
Town of Danby $7,622 $7,679
Town ofDryden $10,736 $10,377
Town of Enfield $4,821 $4,969
Town of Groton $ 434 $ 414
Village of Lansing $11,046 $11,512
Town of Newfield $ 640 (pro-rated) $788
Town of Ul sses $5,972 $6,085
$185,000 $190,550
Youth Bureau - Request to Approve Recreation Partnership Board
Bylaws
RESOLVED, That Common Council hereby approves the Recreation
Partnership Board Bylaws as presented and attached.
Alice Green -2001 acco.doc Page 1
2001 Accomplishments: Recreation Partnership Board
When a new group is created,consultants are fond of saying it goes through a number of stages:
forming(or getting officially set up),storming(working out the roles and power relationships),
norming (developing policies,procedures and practices)and performing(finding ways to enhance
&improve). During 2001,the Recreation Partnership Board has made remarkable progress in all
areas.
Forming:
• All municipalities approved the Proposal for the Future,their funding commitment for 2001 and
appointed representatives.
• The Board elected officers representing large,medium and small municipalities.
• The Town of Newfield joined the Partnership.
• The Board created by-laws and a work plan for 2001.
Storming:
• Municipal members negotiated final terms for the inter-municipal agreement.
• The County-City agreement was finalized.
• A mutually agreeable payment schedule was negotiated.
• Staff and board members negotiated a successful resolution to the supervision issues in the Desi
Jacobs Softball league
Norming:
• The Board developed a work plan for 2001 and maintained minutes of all meetings.
• The Board created a Finance Committee to review budget-related issues.
• Based on recommendations from the Finance Committee,the Board determined the content,
format, and frequency of program reports and financial reports.
• The Board reviewed program reports on a regular basis at the end of each cycle.
• With leadership from IYB staff,the created a 2002 budget.
• To address multi-year budgeting,the Board generated a 3%fund for the Partnership Board to
handle deficits or new initiatives.
• Re-calculated municipal contributions for 2002 and secured commitments from all members for
2002.
• Board and IYB staff agreed how to report scholarship information.
Performing:
• Reviewed program proposal and added two new programs: Indoor Soccer and Year Round Track
Program.
• Reviewed and revised fee schedule.
• Reviewing scholarships to determine if any changes are needed in policy/procedures.
• Created a work plan and board-staff committee to develop a sponsorship strategy.
• Currently in process of getting the facilities evaluated as promised in the Proposal.
• The results for 2001 exceed all previous years: The Ithaca Youth Bureau registered 7970
youth in one or more of the 40+programs offered by the Partnership.
Alice Green bylaw3.doc
BY-LAWS
Recreation Partnership Board
r
I. Name: The name shall be the Recreation Partnership Board.
II. Preamble: The Recreation Partnership Board is a unique inter-municipal compact created
to jointly plan,finance,provide,oversee and coordinate shared,recreational
services that supplement and complement those offered by municipalities.
III. Purpose: The Recreation Partnership Board shall have the following duties,powers, and f
responsibilities:
- Identify a set of shared services to be provided to residents of member
municipalities. Authorize additions or deletions of programs.
- Select providers to implement the programs.
- Approve a net operating budget that includes the costs of all services,fees,
revenues,sponsorship goals, and scholarship guidelines.
- Recommend a pro-rata share of municipal contributions based on a
mutually agreeable cost-sharing formula.
- Oversee contracted services,monitoring the quality and costs of the service
providers.
- Evaluate the performance of providers.
- Make regular reports to participating municipalities.
3
IV. Membership: Each participating municipality shall have one seat on the governing board.
In addition the City of Ithaca,Town of Ithaca, and Tompkins County may appoint
one additional member to reflect their greater investment in the Partnership. In
addition each municipality can appoint one voting alternate per municipality. Each
participating municipality will strive to fill these seats with elected officials willing
and able to make policy decisions. Only if no elected official is willing to fill a seat
can a municipality appoint a lay designee.
The Recreation Partnership Board may determine if it wants to create any non-
voting at-large seats to add expertise or coordinating links. This may be done by a
3/4 majority vote of the members at a regular meeting of the Board. The at-large
seats will be created for a two-year period of time and if the Board wants to
continue the seat it will be revoted on for another two-year term.
V. Selection of Members: Members and alternates will be appointed by resolution at the
pleasure of their municipal board for a term of two years.
VI. Terms of Office: Terms shall be for two years beginning January I'and ending
December 31'the following year. Vacancies shall be filled as soon as possible for
the remainder of the unexpired term.
.......... Page 21
VII. Officers: Each year the Board shall elect a Chairperson,Vice Chairperson, and Treasurer
from among its members. The officers shall be nominated by a nominating
committee that shall be appointed in November and present their slate of officers at
the December meeting. Officers shall be elected at the January meeting for the
term of one year. New names for nomination can be put forth up to and at the
January meeting for consideration. Prior to a vote nominees must have agreed to
serve.At the request of any member the vote can be a secret ballot.
VIII. Duties of Officers:
Chair: shall develop the agenda in consultation with the Tompkins County Youth
Bureau staff and providers,chair the meetings,represent the Recreation
Partnership Board at inter-municipal or public meetings, assist as needed in
contract negotiations to implement the wishes of the Recreation Partnership
Board.
Vice Chair: shall act in the absence of the chair.
Treasurer: will work with the provider(s) and Tompkins County Youth Bureau
staff to develop a format for regular financial report that meet the needs of the
Recreation Partnership Board. Review the financial reports prior to the Board
meetings and present the report to the full Board,noting any significant changes in
expenses or revenue. The Treasurer will also recommend to the Board a budget
timetable and guidelines to enable providers to prepare budgets for the upcoming
year.
IX. Quorum: A quorum shall consist of a simple majority of the full membership.
X. Voting: Each member is entitled to one vote at any meeting for which the member is
present. An appointed alternate is permitted to vote when replacing their official
municipal representative. Passage of a motion requires a majority vote of those
present. There shall be no proxy votes.
XI. Fiscal Year: The fiscal year shall be from January I to December 31.
X11. Committees: The Chairperson shall appoint all committees, subject to the approval of the
Recreation Partnership Board. All Committee terms expire at the end of the fiscal
year,but persons may be re-appointed. All members of a committee have equal
vote if present.
The Chairperson shall appoint any committee deemed necessary by the Recreation
Partnership Board.
The Nominating Committee shall be appointed in November and recommend a
slate of officers for the coming year by the following month(December).
The Finance Committee shall be appointed in the month following the election of
Alice Green bylaw3 doc..::::.. Pale 3
new officers. The Treasurer shall service on the Finance Committee.
XIII. Amendments: These by-laws may be amended by a 2/3 vote of members present at any
regular meeting,provided that the proposed amendment has been presented for
consideration of the Board at the preceding regular meeting. AND The proposed
amendment must be mailed at least ten days to all members before the meeting at
which the proposed change is to be voted upon.
All amendments voted on by the Recreation Partnership Board must then be
ratified by 100%of governing bodies of the participating municipalities prior to the
amendment being adopted.
}
XIV. Saving Clause: In the event any part of these bylaws shall conflict with any provisions of
requirements of the State or Federal Law,or laws of any of the participating
municipalities,the provisions of any State of Federal Law shall control and the
other provisions of these bylaws shall not be invalidated by such conflict.
XV. Conflict of Interest: Anyone employed in or contracting with a program funded by the
Recreation Partnership Board is ineligible to serve as a voting member of the
Recreation Partnership Board.
If a member has a potential conflict of interest s/he must explain her or his
relationship to the program before the matter is discussed or voted on. Members
must abstain from discussing and/or voting on any specific actions that are,or give
the appearance of,being motivated by a desire for private financial gain for
themselves or others such as those with whom they have family,business,or other
ties.
XVI. Adoption: These Bylaws shall become effective upon adoption by a two-thirds vote of
the members present of the Recreation Partnership Board and approval of all of the
participating municipalities.
Adopted:
Youth Bureau - Request to Approve City-County Recreation
Agreements for 2001 and 2002
RESOLVED, That the Mayor be authorized to enter into an
agreement with the County of Tompkins acting on behalf of the
Recreation Partnership Board for the term from January 1, 2001
to December 31, 2002 for recreation services as outlined in the
attached agreements .
Alice Green - ci-cocon.doc Page 1
Rec Part 2001
AGREEMENT
AGREEMENT, made as of the 1st day of January, 2001, by and between the
COUNTY OF TOMPKINS, a municipal corporation of the State of New York, with
offices at 125 E. Court Street, Ithaca, New York, hereinafter referred to as the "County",
acting on behalf of the Recreation Partnership Board, hereinafter referred to as "the
Board" and CITY OF ITHACA located at 108 E. Green St., Ithaca, New York,
hereinafter referred to as the "City".
WITNESSETH
WHEREAS, the parties hereto wish to enter into an agreement for the provision
of recreation services,
NOW THEREFORE, in consideration of the promises contained herein, the
parties agree as follows:
1. The term of this agreement shall be from January 1, 2001 through December 31,
2001.
2. The City shall provide all reasonable and necessary supervision, direction, and record-
keeping and bookkeeping services to comply with the fiscal and program reporting
requirements of the Board and the County.
The City shall operate the recreation programs as described in the approved 2001
Recreation Partnership Budget and the Agreement for Inter-municipal Cooperative
Recreation Partnership on file at the County Youth Bureau. The City will adhere to
the individual program budgets and to the overall Partnership budget and
amendments negotiated during the year with Board consistent with implementation
of approved programs. -
3. The City shall develop a summary for each approved program, in conformance with the
requirements of the Board, and shall report on each program within eight weeks -
after the conclusion of each program.
4. The Board and County Youth Bureau will act in an advisory relationship to the City
regarding contracted programs.
5. The City shall permit the Board Treasurer and others designated by the Board,
including the County Youth Bureau, to conduct thorough reviews and evaluations of
any and all activities to be funded under this agreement and shall provide the Board
with any information and records requested for the purpose of program review or
evaluation.
....
Alice Green - ci-cocon.doc Page 2
6. The City certifies that it will not enter into any sub-contracts with any third party for the
performance of any work or service to be performed by this City under this
agreement without the express written consent of the County.
7. It is understood between the parties that any persons hired by the City are not
employees of the County.
8. The City shall comply with all federal, state, county or other municipal law regarding
work under municipal contracts, matters of employment, length of hours, Workers'
Compensation and human rights which may pertain to this agreement and the
services to be provided herein. The City shall provide equal employment_
opportunities to all qualified applicants.
9. The City shall indemnify, hold harmless, and defend the County, their officers and
employees against any and all claims and action brought against the County in
accordance with the terms and conditions described in Appendix 1.
10.No participants shall be denied access to any county-supported program because of
race, creed, gender, sexual orientation, national origin, or disability.
11. The County shall reimburse the City for one hundred percent (100%) of properly
documented, allowable expenditures submitted quarterly in an amount not to
exceed $92,500 for the calendar year 2001.
12.The terms of this agreement referenced above may not be altered or deleted nor may
additional conditions be considered inclusive unless agreed upon by mutual
consent of both parties in writing. The terms of the agreement referenced above
may be terminated upon 30 days written notice from one party to another.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written. _ =
DATE:
County of Tompkins
DATE:
City of Ithaca
Print Name of Signer
Title of Signer
Alice Gree-n--,'
reen - ci-cocon.doc gage 3
APPENDIX 1:
COUNTY OF TOMPKINS
HOLD HARMLESS &INDEMNIFICATION
NO CONSTRUCTION (1991 EDITION)
The City hereinafter referred to as Contractor, shall indemnify, hold harmless and defend
Tompkins County and its officers, employees, agents and elected officials from and against
any and all claims and actions brought against Tompkins County and its officers, employees,
agents and elected officials for injury or death to any person or persons or damage to property
arising out of the performance of this contract by the Contractor, its employees,
subcontractors or agents with the exception-of all actions and claims arising out of the
negligence of Tompkins County. The Contractor shall maintain the following minimum limits of
insurance or as required by law, whichever is greater.
A. Workers' Compensation and New York Disability-Statutory Coverage
Employer's Liability - Unlimited
B. Commercial General Liability including, contractual, independent contractors,
products/completed operations- Occurrence Form required.
Each Occurrence $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate$2,000,000
Personal and Advertising Injury $1,000,000
Fire Damage Legal $ 50,000
Medical Expense $ 5,000
General Aggregate shall apply separately to the project prescribed in the contract.
Tompkins County and its officers, employees, agents and elected officials are to be included
as Additional Insured.
C. Business Auto Coverage
Liability for Owned, $1,000,000 CSL or
Hired and Non-Owned Autos $ 500,000 Per Person BI
$1,000,000 Per Accident BI
$ 250,000 PD Split Limits
Tompkins County and its officers, employees, agents and elected officials are to be included
as additional insureds.
All insurance shall be written with insurance carriers licensed by the State of New York
Insurance Department and have a Best's rating of A XI or better. Proof of insurance shall be
provided on the Tompkins County Certificate of Insurance (copy attached) including the
Contract Number. The accord Certificate of Insurance or insurance company certificate may
be used for proof of Workers' Compensation and Disability. All Certificates shall contain a
sixty- (60) day notice of cancellation; non-renewal or material change to Tompkins County. All
Certificates must be signed by a licensed agent or authorized representative of the insurance
company. Broker signature is not acceptable. Certificates of Insurance shall be submitted at
the time of the bid/proposal agreement.
Alice Green ci-co02c.docPage 1
Rec Part 2002
AGREEMENT
AGREEMENT, made as of the 1st day of January, 2002, by and between the
COUNTY OF TOMPKINS, a municipal corporation of the State of New York, with
offices at 125 E. Court Street, Ithaca, New York, hereinafter referred to as the "County",
acting on behalf of the Recreation Partnership Board, hereinafter referred to as "the
Board" and CITY OF ITHACA located at 108 E. Green St., Ithaca, New York,
hereinafter referred to as the "City".
WITNESSETH
WHEREAS, the parties hereto wish to enter into an agreement for the provision
of recreation services,
NOW THEREFORE, in consideration of the promises contained herein, the
parties agree as follows:
1. The term of this agreement shall be from January 1, 2002 through December 31,
2002.
2. The City shall provide all reasonable and necessary supervision, direction, and record-
keeping and bookkeeping services to comply with the fiscal and program reporting
requirements of the Board and the County.
The City shall operate the recreation programs as described in the approved 2002
Recreation Partnership Budget and the Agreement For Inter-municipal Cooperative
Recreation Partnership on file at the County Youth Bureau. The City will adhere to
the individual program budgets and to the overall Partnership budget and
amendments negotiated during the year with Board consistent with implementation
of approved programs.
3. The City shall develop a summary for eadh=approved program, in conformance with the
requirements of the Board, and shall report on each program within eight Weeks
after the conclusion of each program.
4. The Board and County Youth Bureau will act in an advisory relationship to the City
regarding contracted programs.
5. The City shall permit the Board Treasurer and others designated by the Board,
including the County Youth Bureau, to conduct thorough reviews and evaluations of
any and all activities to be funded under this agreement and shall provide the Board
with any information and records requested for the purpose of program review or
evaluation.
Alice Green ci-co02c.doc Page 2'<
6. The City certifies that it will not enter into any sub-contracts with any third party for the
performance of any work or service to be performed by this City under this
agreement without the express written consent of the County.
7. It is understood between the parties that any persons hired by the City are not
employees of the County.
8. The City shall comply with all federal, state, county or other municipal law regarding
work under municipal contracts, matters of employment, length of hours, Workers'
Compensation and human rights which may pertain to this agreement and the
services to be provided herein. The City shall provide equal employment
opportunities to all qualified applicants.
9. The City shall indemnify, hold harmless, and defend the County, their officers and
employees against any and all claims and action brought against the County in
accordance with the terms and conditions described in Appendix 1.
10.No participants shall be denied access to any county-supported program because of
race, creed, gender, sexual orientation, national origin, or disability.
11. The County shall reimburse the City for one hundred percent (100%) of properly
documented, allowable expenditures submitted quarterly in an amount not to
exceed $185,000 for the calendar year 2002.
12.The terms of this agreement referenced above may not be altered or deleted nor may
additional conditions be considered inclusive unless agreed upon by mutual
consent of both parties in writing. The terms of the agreement referenced above
may be terminated upon 30 days written notice from one party to another.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
DATE:
County of Tompkins
DATE:
City of Ithaca
Print Name of Signer
Title of Signer
t
f
Alice Green ci-co02c.doc Page 3
APPENDIX 1:
COUNTY OF TOMPKINS
HOLD HARMLESS&INDEMNIFICATION
NO CONSTRUCTION (1991 EDITION)
The City hereinafter referred to as Contractor, shall indemnify, hold harmless and defend
Tompkins County and its officers, employees, agents and elected officials from and against
any and all claims and actions brought against Tompkins County and its officers, employees,
agents and elected officials for injury or death to any person or persons or damage to property
arising out of the performance of this contract by the Contractor, its employees,
subcontractors or agents with the exception of all actions and claims arising out of the
negligence of Tompkins County. The Contractor shall maintain the following minimum limits of
insurance or as required by law, whichever is greater.
A. Workers' Compensation and New York Disability-Statutory Coverage
Employer's Liability- Unlimited
B. Commercial General Liability including, contractual, independent contractors,
products/completed operations-Occurrence Form required.
Each Occurrence $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate$2,000,000
Personal and Advertising Injury $1,000,000
Fire Damage Legal $ 50,000
Medical Expense $ 5,000
General Aggregate shall apply separately to the project prescribed in the contract.
Tompkins County and its officers, employees, agents and elected officials are to be included
as Additional Insured.
C. Business Auto Coverage
Liability for Owned, $1,000,000 CSL or
-
Hired and Non-Owned Autos $ 500,000 Per Person BI
$1,000,000 Per Accident Bl
$ 250,000 PD Split Limits
Tompkins County and its officers, employees, agents and elected officials are to be included
as additional insureds.
All insurance shall be written with insurance carriers licensed by the State of New York
Insurance Department and have a Best's rating of A XI or better. Proof of insurance shall be
provided on the Tompkins County Certificate of Insurance (copy attached) including the
Contract Number. The accord Certificate of Insurance or insurance company certificate may
be used for proof of Workers' Compensation and Disability. All Certificates shall contain a
sixty-(60) day notice of cancellation; non-renewal or material change to Tompkins County. All
Certificates must be signed by a licensed agent or authorized representative of the insurance
company. Broker signature is not acceptable. Certificates of Insurance shall be submitted at
the time of the bid/proposal agreement.