HomeMy WebLinkAbout03-21-18 City Administration Committee Meeting AgendaCommittee Charge: The CA committee will:
Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce
environment, intergovernmental relations and human resources.
CA Meeting
City Administration Committee
DATE: March 21, 2018
TIME: 6:00 p.m.
LOCATION: 3rd Floor,
City Hall, Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Allotted
Chair, Deb Mohlenhoff
1. Call To Order * Note: We will review the number of 15 Min*
1.1 Agenda Review No cards received at the beginning of each
1.2 Review and Approval of Minutes Yes meeting and adjust time if needed.
Approval of February 2018 Minutes
1.3 Statements from the Public No
1.4 Statements from Employees No
1.5 Council Response No
2. Consent Items Yes 5 Min
2.1 PBED – Amendment to Personnel Roster Lisa Nicholas, Dep Director of Planning
3. Finance, Budget and Appropriations
3.1 DPW – Amend CP for Alex Haley Pool Repair Yes Tim Logue, Director of Engineering 10 Min
3.2 DPW – Amend CPs for Dryden Rd Garage Yes Mike Thorne, Supt of DPW 5 Min
3.3 DPW – Amend CP for Cascadilla Creek Yes Mike Thorne, Supt of DPW 5 Min
3.4 Agreement for Advance Payment Yes Ari Lavine, Attorney 10 Min
3.5 Newman Golf Course Concession Yes Ari Lavine, Attorney 5 Min
3.6 Mayor – Acceptance of Grant for Bloomberg Yes Svante Myrick, Mayor 10 Min
4. City Administration, Human Resources and Policy
4.1 Opioid Cost Recovery and Public Nuisance Yes Ari Lavine, Attorney 10 Min
4.2 Amendment to Shopping Cart Ordinance Yes Ducson Nguyen 5 Min
4.3 Naming of Six Mile Creek Yes 5 Min
4.4 Amendment to Noise Ordinance Yes Ari Lavine, Attorney 10 Min
4.5 Amendment to Code “Youth Council” Yes Liz Klohmann, YB Director 10 Min
4.6 Finance – Approval of Purchasing Policy Yes Scott Andrew, Deputy Controller 10 Min
4.7 Finance – Approval of Grant Modification Yes Steve Thayer, Controller 5 Min
5. Discussion Items
5.1 Fire – Future of SAFER Funded Positions No Tom Parsons, Fire Chief 15 Min
6. Budget Process No All 10 Min
7. Meeting Wrap-up All 5 Min
7.1 Announcements No
7.2 Next Meeting Date: April 18, 2018 No All 5 Min
7.3 Review Agenda Items for Next Meeting No
7.4 Adjourn Yes
8:35 p.m.
Please note: Out of consideration for the health of other individuals, please try to refrain from using perfume/cologne
and other scented personal care products at City of Ithaca meetings. Thank you for your cooperation and understanding.
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2. Consent
.1 Planning, Building and Economic Development - Amendment to Personnel Roster
WHEREAS, the Planning Division created and hired a Database Specialist position in 2015, and
WHEREAS, the purpose of the Database Specialist position was to support, develop and
maintain database applications to ensure that databases are operational with complete and
accurate data, and
WHEREAS, the Database position was filled in early 2017 and was subsequently vacated in
September 2017, and
WHEREAS, in the last 12 months a property management database supporting planning and
building activities has been more fully developed, tested and used. As a result of these activities
and other developments within the department, it has become apparent that the skills needed in
the department and the duties associated with the effective use of the database are more
consistent with those of a planner than a database specialist; now, therefore, be it
RESOLVED, That the personnel roster of the Department of Planning, Building and
Development be amended as follows:
Add: One (1) Planner (Grade 13) 35 hours
Delete: One (1) Database Specialist (Grade 8) 40 hours
and be it further
RESOLVED, That the funding for this change shall be derived from existing funds within the
approved 2018 departmental budget.
TO: City Administration Committee
FROM: Lisa Nicholas, Deputy Director of Planning
DATE: March 6, 2018
RE: Request to Amend Personnel Roster: Add Planner/ Delete Data Base Specialist
The Planning Division wishes to amend its personnel roster by deleting the position of Database
Specialist and adding the position of Planner.
In 2015 the Division created a Database Specialist position to assist with implementation and maintenance
of a property management database that was then in development to support planning and building
activities. Specifically, the purpose of the position was to support, develop and maintain database
applications to ensure that databases are operational with complete and accurate data. The position was
hired in early 2017 and subsequently vacated in September 2017.
For several reasons, the broader skill set of a planner is now most needed rather than a database
specialist. First, a zoning and land use focused planner is needed to assist the Zoning Administrator,
whose duties have historically been shared by two or more positions. Secondly, the division must
implement a succession strategy as the current Zoning Administrator, Gino Leonardi, will be eligible for
retirement in 3 years. A planner would have the capacity to be trained in the technical and varied duties
associated with that position. Thirdly, as the property management database has been more fully
developed, tested and used, it is clear that a full time position to manage it is not currently needed and
could, in the future, be shared by several positions. Finally, the division needs the expertise of planner
to support the workload of the more senior planning staff.
Please contact me if you should need more information or have questions lnichola@cityofithaca.org .
Thank you for your consideration of this request.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
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3. Finance, Budget and Appropriations
.1 Amendment of Capital Project for Expansion of the Alex Haley Municipal Wading Pool
WHEREAS, Common Council established CP 834, Alex Haley Municipal Pool Expansion
project on September 7, 2016, and
WHERAS, the budget was established at that time in an amount of $305,000 to be comprised of
$185,000 in Community Development Block Grant funds, $95,000 in private donations and
$25,000 in City contributions, and
WHEREAS, on August 14, 2017, the Board of Public Works, acting as lead agency, declared
that the project would have no significant negative environmental impact in accordance with the
State Environmental Quality Review Act (SEQR) and the City Environmental Review Ordinance
(CEQR), and
WHEREAS, the project was recently bid, and the low bid was more than the established budget;
and
WHEREAS, staff are recommending awarding the low bid contingent on securing additional
funding, and
WHEREAS, Common Council approves this project; now, therefore be it
RESOLVED, That Common Council hereby increases Capital Project # 834, Alex Haley
Municipal Wading Pool Expansion by $200,000, for a total authorization of $505,000, and be it
further
RESOLVED, That funding for said Capital Project shall be derived from the issuance of Serial
Bonds with the understanding that $185,000 of eligible expenses will be reimbursed by the
Community Development Block Grant program as administered by the Ithaca Urban Renewal
Agency and $95,000 will be reimbursed by GIAC, Inc. based on a private donation, and be it
further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 45% of said portion, currently estimated at $225,000
of the $505,000 authorized for this portion of the project, in monies and in-kind services as
managed by the Superintendent of Public Works and monitored by the City Controller.
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3. Finance, Budget and Appropriations
.2 Amendment to Capital Projects 777 and 839 for Dryden Road Garage
WHEREAS, Capital Project 777 was established in 2012 and has been amended each year for
the purchase of parking related equipment, and
WHEREAS, the automatic parking equipment at the Dryden Road Garage is past its useful life
and unreliable to the point that we have to raise exit gates after 11 p.m. to prevent vehicles being
stuck in the garage after hours, causing losses in revenue, and the equipment requires frequent,
expensive repairs with parts that are no longer commercially available, and
WHEREAS, the lost revenue from raising the exit gates in 2017 is estimated at $1,500 per
month, and repair costs associated with outdated Dryden Road parking equipment was almost
$32,000 for 2017, while the replacement cost for newer, reliable equipment is budgeted at
$150,000 which represents a payback period of approximately 3 years, and
WHEREAS, Capital Project 839 was established in 2017 for a Condition Assessment of the
Dryden Road Parking Garage, and the draft report dated October 2017 identified and prioritized
capital repairs over a 5-year timeframe, and
WHEREAS, several high-priority structural and safety issues requiring immediate attention were
identified, including defective drains, fire standpipes, and staircases which could fail at any time,
and the cost estimate for these repairs is $375,000, and
WHEREAS, the recent Parking Garage Audit conducted by the Office of the New York State
Comptroller has raised awareness of the importance of regular inspections and capital repairs for
parking garages to ensure public safety; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project 777 by $150,000 for the
replacement of automated parking equipment at the Dryden Road Garage, and be it further
RESOLVED, That Common Council hereby amends Capital Project 839 by $375,000 for the
repair of structural and safety issues at the Dryden Road Garage, and be it further
RESOLVED, That funds needed for said amendment shall be derived by a General Fund
advance with a later repayment from issuance of Serial Bonds.
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3. Finance, Budget and Appropriations
.3 Amendment to Capital Project 700 for Cascadilla Creek Dredging Design
WHEREAS, design work is underway for dredging the reach of Cascadilla Creek between the
Cayuga Inlet and the Route 13 crossing, and the total budget for this dredging activity is $2
million, to be provided by a grant through the Dormitory Authority of the State of New York
(DASNY), and
WHEREAS, the extent and amount of dredging to be performed is highly dependent on disposal
restrictions that will be imposed for the removed sediment and that will be based on lab results of
environmental samples collected from the creek bottom, and
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has
reviewed and approved the City’s proposed sampling plan to characterize the sediments for
disposal purposes, and
WHEREAS, the City’s dredging design consultant has estimated costs for sampling and analysis
services in the amount of $35,000, which will be included as a project cost and reimbursed at a
later date through the DASNY grant, and
WHEREAS, design work cannot proceed any further until sampling and analysis work has been
completed, and the City cannot submit permitting documents for the proposed 2019 dredging
work until the design work is completed, and
WHEREAS, Capital Project 700 was established in 2006 for the purposes of planning and design
of dredging work related to the creeks and the inlet; now therefore be it
RESOLVED, That Common Council hereby amends Capital Project 700 in the amount of
$35,000 to cover the sampling and analysis costs to characterize Cascadilla Creek sediments for
disposal purposes, and be it further
RESOLVED, That funds needed for said amendment be derived from the issuance of Serial
Bonds and/or a General Fund advance with later repayment from grant funds.
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3. Finance, Budget and Appropriations
.4 Ratification of Agreement for Advance Payment and Authorization for Mayor Svante
Myrick to Execute Closing Papers on Behalf of the City of Ithaca
WHEREAS, the State of New York has taken or is in the process of taking a portion of the land
owned by the City of Ithaca through the process of eminent domain for the purposes of
improving 1529 Slaterville Road, and
WHEREAS, the State has offered to pay the City of Ithaca the sum of $500.00 for a portion of
The City of Ithaca's property along 1529 Slaterville Road as depicted on Map(s) 6, as Parcel(s) 1
& 2, and
WHEREAS, an agreement to accept said money (an Agreement for Advance Payment) has been
or will be signed on behalf of The City of Ithaca by Mayor Svante Myrick, and
WHEREAS, the Common Council of the City of Ithaca is the governing body of the City of
Ithaca, and
WHEREAS, the Common Council is meeting on this 4th day of April 2018, after proper notice
to consider this matter, and
WHEREAS, the City of Ithaca wishes to ratify the Agreement for Advance Payment and to
appoint Mayor Svante Myrick as the person to execute closing papers on behalf of the City of
Ithaca; now therefore be it
RESOLVED, That Agreement for Advance Payment is hereby accepted and ratified, and be it
further
RESOLVED, That Mayor Svante Myrick is hereby designated as the person to execute any and
all closing papers with regard to this transfer to the State of New York.
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3. Finance, Budget and Appropriations
.5 Authorization to Operate the Newman Municipal Golf Course Club House Food and
Beverage Concessions
WHEREAS, the City currently offers food and beverage at the Newman Municipal Golf Course
Club House under an existing but out of date agreement, and
WHEREAS, the City has an interest in advertising the concession opportunity through a Request
for Proposals process, thereby bringing the club house concession into conformity with other
City concession terms and conditions, and
WHEREAS, pursuant to City Code Chapter 170 “Use of City Real Property”, any concessionary
or other nontransitory use of City parkland requires a license, and
WHEREAS, Section 170-5(G) vests in the Common Council sole authority to grant approval of
any license to make nontransitory use of City parkland, and
WHEREAS, City Code Chapter 336 authorizes the Superintendent of Public Works to execute
concession agreements within City parks; now therefore be it
RESOLVED, That Common Council finds that the proposed concession constitutes a public
recreation-related use of the club house, is not expected to significantly compromise the public’s
ability to enjoy the golf course, and in fact is expected to enhance the overall quality of the its
appeal and benefit to the public; and be it further
RESOLVED, That Common Council hereby authorizes the use of the golf course club house for
concessions, and be it further
RESOLVED, That Common Council hereby authorizes the Superintendent of Public Works to
advertise, now and in the future, a Request for Proposals for such concessions and to select and
license eligible vendors, and be it further
RESOLVED, That as the City has not established a regular, fair-market fee for such seasonal
use of its parkland, Council hereby authorizes the fee concessionary use of the club house to be
set with a base fee of no less than $2,000.00 plus a percent gross of revenue receipts of no less
than 8% for the 2018 season, and which base fee shall be paid to the City concurrently with
execution of the license and gross revenue at the conclusion of the season, and be it further
RESOLVED, That base fee, gross revenue percentage, and seasonal dates for subsequent years
shall be established by the Board of Public Works prior to January 31st of each year, and be it
further
RESOLVED, That the Superintendent, upon the advice of the City Attorney, is authorized to
issue a revocable license to the vendor selected containing the standard terms and conditions
with regard to liability insurance coverage, indemnification of the City, and other pertinent
matters.
Request for Proposals
Newman Municipal Golf Course Club House Concession
All proposals must be received by mail or in person to the attention of the Superintendent of Public
Works, 108 East Green Street, Ithaca, New York 14850, no later than the close of business on Friday,
April 6, 2018.
Description
The City of Ithaca is accepting proposals from qualified and experienced vendors for the operation of a
food and beverage concession in the Newman Municipal Golf Course Club House.
Proposals shall include vendor’s pricing for any food, beverage or other items available for sale to the
public. Additional consideration will be given to vendors offering unique amenities to golf course
customers. Retail sales, if proposed, are allowable but would be limited to gear and equipment directly
related to golf sporting activities.
The City reserves the right to accept or reject any or all proposals, or any portion of a proposal, and
waive any or all immaterial defects, irregularities, or requirements in the RFP for the benefit of the City,
so long as such waiver does not give any proposer a material advantage over other proposers. A
proposer shall not be relieved of his/her proposal nor shall any change be made in his/her proposal due
to a proposer error.
The City encourages all vendors to submit relevant information about the vendor’s experience in
concessions, and will be evaluated on the following criteria:
Experience: Experience with similar operations
Feasibility: Business plan and financial feasibility of proposal
Aesthetics and Professionalism: Quality and condition of equipment and general appearance of
on-site operation.
Safety: Evidence of safety qualifications.
Significance: Significance of proposed hours and dates of operation, and size of operation.
Proposal is in the best interest of the City of Ithaca
The City reserves the right to request additional information from a vendor about his or her
qualifications, experience, and overall responsibility in awarding concession licenses.
Concession Schedule The concession location will be available from May 1, 2018 through October 31,
2018. Actual hours of operations during these dates will be negotiated upon the final selection of the
concessionaire; vendors may submit proposed hours of operation.
Concession License Agreement
The City is seeking a one-year license term with optional one-year renewal terms through the 2020
season. Vendors should be familiar with and understand all the terms and conditions of the Concession
License Agreement. Each proposal should be based on the requirements of this agreement in its
entirety. The successful vendor(s) shall be expected to accept the provisions of the Sample Concession
License Agreement as written. If necessary, minor clarifications approved by the City Attorney, in
consultation with other staff as needed, may be made prior to execution of the agreement.
Scope of Concession
Proposals shall include detailed list of items and pricing for sale and rent, if applicable. To the extent
applicable to the vendor’s proposal, the successful vendor shall be responsible for applying and
obtaining liquor license for the concession. If the vendor’s proposal contemplates use of city property
outside of the clubhouse, the proposal should include a sketch of the area proposed to be used, a
description of the use, marking approximate dimensions of the area to be used.
Compensation
For the allowance to conduct business the City asks for a proposed compensation package. This should
include a base use fee of no less than $2000 with a percent gross of revenue receipts of no less than
8%1. The successful concessionaire will be responsible for providing all amenities for the clubhouse
including trash removal, paper products for the concession and restroom, and clubhouse utilities.
Added compensation to the City in the form of site improvements, community programming,
sponsorship or other means of defraying the City’s clubhouse operations cost (e.g. shared cost of
routine maintenance) may boost proposal scoring.
Marketing and Promotional Support
The City may be able to offer the following promotional opportunities to support the selected
concession proposals upon approval by City staff:
Brochure and poster space on bulletin boards at City facilities,
Information on City’s website, Facebook page, and newsletter.
Insurance Requirements – Selected vendors will be expected to provide proof of insurance meeting the
City’s guidelines, which are attached to this Request for Proposals.
Attachments to review and include with proposal:
- License agreement
- Insurance requirements
- Application for Use of City-owned Property with Application Fee of $100 (application fee will not
be returned if the proposal is not selected)
- List of up to three business references
Questions about this Request for Proposals may be directed to Michael Thorne, Superintendent of
Public Works, at mthorne@cityofithaca.org, (607) 274-6527 or Krin Flaherty, Assistant City Attorney, at
kflaherty@cityofithaca.org, (607) 274-6504.
1 This minimum fee is subject to change and dependent on approval by Common Council.
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3. Finance, Budget and Appropriations
.6 Mayor – Acceptance of Grant for Bloomberg
WHEREAS, the City of Ithaca entered the 2018 Bloomberg Philanthropies Mayors Challenge
grant competition and was selected as one of 35 Champion Cities to advance to the next phase of
the grant process with a proposal for the development of a one-stop shop to help in the battle
against drug addiction, and
WHEREAS, the City of Ithaca will receive up to $100,000 from Bloomberg Philanthropies to
pilot solutions to the opioid crisis during the six month testing phase, and
WHEREAS, the City of Ithaca wishes to contract with the Drug Policy Alliance (DPA) or
Southern Tier AIDS Program (STAP) to administer the experiments during the six-month testing
phase; now, therefore, be it
RESOLVED, That Common Council hereby accepts grant funds in an amount not to exceed
$100,000 from Bloomberg Philanthropies for pilot solutions to the opioid crisis, and be it further
RESOLVED, That Common Council hereby authorizes the Mayor, upon advice by the City
Attorney, to enter into a contract with either the DPA or STAP to produce said pilot solutions,
and be it further
RESOLVED, That Common Council hereby amends the 2018 authorized budget of the Mayor’s
Office to account for said funds as follows:
Increase Appropriation Account:
A1210-5435 Contracts Not to Exceed $100,000
Increase Revenue Account:
A1210-2705 Gifts/Donations Not to Exceed $100,000
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4. City Administration, Human Resources and Policy
.1 Opioid Cost Recovery and Public Nuisance
WHEREAS, the opioid epidemic is sweeping the country. Indeed, addiction to and abuse of
opioids is one of the greatest challenges facing the City of Ithaca (the “City”). A cause of this
increasing crisis is the overabundance of prescription opioids. Vast amounts of prescription
opioids were sold, distributed, and prescribed in the City over the past several years, a practice
that continues today. The selling, distributing, and prescribing of large amounts of opioids in our
community has created a public health and safety hazard affecting the residents of the City. This
crisis has devastated families, wreaked havoc on our economy, and produced a generation of
narcotic dependence. As a result of the opioid epidemic, costs related to healthcare, family and
social services, criminal justice, addiction and rehabilitation, and many other areas have
significantly increased. Many of these costs are paid by the City, and
WHEREAS, the purpose and intent of this legislation is to allow the City to recover these costs,
despite the existence of the common-law municipal cost recovery rule (a.k.a. free public services
doctrine) and declare the opioid epidemic and its effects on the City a public nuisance.
Specifically, the City provides services related to the opioid epidemic, which are funded by tax
revenues. This resolution clarifies that reimbursement may be sought for the costs of providing
such services, whenever practicable, from the responsible party. To accomplish this, the City
establishes this cost recovery procedure and declares the opioid epidemic and its effects on the
City a public nuisance; now therefore be it
RESOLVED, That the City of Ithaca Common Council hereby declares the opioid epidemic and
its effects on the City a public nuisance, as set forth in the following Opioid Cost Recovery
Procedure, and be it further
RESOLVED, that the following Opioid Cost Recovery Procedure is hereby adopted by the
Common Council of the City of Ithaca, and is intended to apply retroactively:
City Of Ithaca Opioid Cost Recovery Procedure
I. Definitions
“Costs” means all expenditures related to the opioid epidemic that directly or indirectly arise
from the City’s response to a responsible party’s action or inaction.
“Responsible party” means any person or corporation whose negligent, intentional, or otherwise
wrongful conduct causes the incident resulting in the City incurring costs or who is found liable
or made responsible by a court for the costs incurred by the City in the form of damages,
regardless of the cause of action.
II. Governmental function cost recovery.
The City may recover the costs of governmental functions related to opioids marketed, sold,
manufactured, dispensed, prescribed, and/or distributed by the responsible party. If a responsible
party fails to pay the costs demanded, the City may initiate and recover costs through
administrative, civil, and/or criminal action against the responsible party. In that case, the City
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may also recover attorney’s fees, interest, and any other payment or type of damages the court
deems proper.
III. Effect of criminal or civil proceedings on governmental function cost recovery.
The initiation of administrative or civil proceedings for governmental function cost recovery
does not bar the criminal prosecution of a responsible party for any associated violation.
Similarly, criminal prosecution does not bar civil collection of costs for the violation giving rise
to the criminal prosecution.
IV. Public nuisance.
The City hereby finds and declares the following:
1) That addiction to and abuse of opioids is one of the greatest challenges facing the City;
2) A cause of this increasing crisis is the overabundance of prescription opioids. Vast
amounts of prescription opioid pain pills were sold, distributed and prescribed in the City over
the past several years which practice continues today;
3) There is evidence showing that approximately four in five heroin users began their
addiction by first using and then misusing prescription pain medications containing opioids;
4) The selling, distributing, and prescribing of large amounts of opioid pain pills in the City
has created a public health and safety hazard affecting the residents of the City, resulting in
devastation to City families, a negative effect on the City economy, wasted public resources, and
a generation of narcotic dependence;
5) That selling, distributing, and prescribing of prescription opioid pain pills is a hazard to
public health and safety, which has created a public nuisance to the citizens of the City, and said
nuisance remains unabated;
6) That, in addition to all other powers and duties now conferred by law upon the City, the
City is authorized to enact ordinances, issue orders, and take other appropriate and necessary
actions for the elimination of hazards to public health and safety and to abate or cause to be
abated anything which the commission determines to be a public nuisance;
7) That manufacturers of prescription opioids and those in the chain of distribution have
wrongfully abused the privilege of selling and/or providing medication to our residents and must
be held accountable; and
8) That it is the duty of the City to vindicate the rights of the citizens of the City and take
action to abate this public nuisance.
V. Retroactive application.
This procedure shall apply retroactively to all costs described in Part I of this Procedure.
and be it further
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RESOLVED, That, upon its adoption, this Opioid Cost Recovery Procedure shall be included in
any master listing, assemblage or inventory of the City’s Policies, Procedures and Protocols.
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4. City Administration, Human Resources and Policy
.2 Amendment to Shopping Cart Ordinance
WHEREAS, the City of Ithaca Common Council finds that abandoned shopping carts create
potential hazard to health and safety of the public and interfere with pedestrian and vehicular
traffic, and the accumulation of abandoned carts on public and private property create conditions
that reduce property values, promote blight and deterioration, and result in a public nuisance, and
WHEREAS, the City of Ithaca Common Council intends that the owners of shopping carts
should be held responsible for containing their shopping carts on their respective business
premises, and
WHEREAS, the City of Ithaca Common Council finds that the establishment of appropriate
regulations, standards, and fines are intended to act as a reasonable deterrent in preventing
violations of Chapter 286; now, therefore be it
RESOLVED, That effective January 1, 2019, the City of Ithaca Code Chapter 268, entitled
“Shopping Carts” is amended and restated in its entirety to read as follows:
Chapter 268
SHOPPING CARTS
268.1 Definitions.
For purposes of this chapter only, and unless the context clearly requires a
different meaning, the words, terms and phrases set forth in this Section are defined as follows:
A. "Business premises" means the interior of a cart owner's commercial establishment,
adjacent walkways, any loading area, and the parking area, as defined herein.
B. "Shopping cart identification sign" means a sign or engraved surface which is
permanently affixed to a shopping cart containing all of the information specified in section
268.2 of this chapter.
C. "Shopping cart removal warning" means a placard, sign or painted text which meets the
requirements of section 268.4 of this chapter.
D. "Shopping cart owner" means the owner or operator of a commercial establishment
which provides shopping carts for use by its customers for the purpose of transporting goods of
any kind.
E. "Shopping cart containment program" means one or more of the following measures:
1. Disabling devices on all shopping carts which prevent them from being
removed from the business premises by locking the wheels or otherwise
preventing the movement of the shopping carts.
2. An on-site security guard to deter customers who attempt to remove
shopping carts from the business premises.
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3. Obtaining a security deposit from customers for the on-site use of
shopping carts.
4. The rental or sale of utility shopping carts that can be temporarily or
permanently used for the transport of goods.
5. Any other measure approved by the Superintendent of Public Works as a
means to contain shopping carts on premises.
F. “Shopping cart retrieval service” means a contracting with a third-party or establishing an
internal mechanism that will both actively locate shopping carts within a one-mile radius of the
cart owner's business premises and respond to complaints from the public in a manner which
results in the retrieval of shopping carts within twenty-four (24) hours after receiving
complaint(s).
G. "Parking area" means a parking lot or other property provided by a commercial
establishment for use by a customer for parking an automobile or other vehicle. In a mufti-store
complex or shopping center, "parking area" includes the entire parking area used by or controlled
by the complex or center.
H. "Shopping cart" means a basket which is mounted on wheels or a similar device provided
by the operator of a commercial establishment for the use of customers for the purpose of
transporting goods of any kind. A shopping cart sold by a commercial establishment to a retail
customer for that customer's personal use is not a shopping cart for the purposes of this chapter.
I. “Abandoned” means not in the physical possession of a customer of a shopping cart
owner with written permission from the shopping cart owner as specified in 268.6.
268.2 Shopping cart identification signs for shopping carts.
A. Every person who owns or makes available to the public in connection with the conduct
of business and trade any shopping cart shall mark it or cause the same to be marked and
identified conspicuously with the name of the shopping cart owner. Every shopping cart owner
with more than twenty-five (25) shopping carts shall also mark or cause the cart to be
conspicuously marked to provide a name and local or toll-free telephone number of a party that
is responsible for retrieval of the shopping cart.
B. It shall be the responsibility of each shopping cart owner to comply with subsection (A)
of this section, and to continuously maintain, or cause to be maintained, the shopping cart
identification sign so that all of the required information is accurate and clearly legible .
268.3 Shopping cart containment program
A. Every owner who provides more than twenty-five (25) shopping carts to their customers
shall operate and maintain a shopping cart containment program as defined in section 268.1 and
provide a shopping cart retrieval service for any shopping carts found abandoned off of business
premises.
B. Each shopping cart owner must provide the Superintendent of Public Works with the
contact information for its shopping cart retrieval service.
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C. Each shopping cart owner must contain all shopping carts on the business premises at all
times.
D. Any instance in which a shopping cart owned or provided by a shopping cart owner is
found abandoned off of the business premises shall be considered a violation by the shopping
cart owner of section 268.3 subsection (B).
1. Following the discovery or report of an abandoned shopping cart the
Superintendent of Public Works, or his agent shall contact the shopping
cart owner’s shopping cart retrieval service to provide notice of the
violation and the location of the abandoned shopping cart.
2. Each twenty-four (24) hour period that the shopping cart remains off the
business premises following notice to the shopping cart owner shall be
considered a separate violation of section 268.3 subsection (B).
3. Fines shall be assessed at fifty dollars ($50) for each violation.
268.4 Shopping cart removal warnings.
A. Every owner who provides more than twenty-five (25) shopping carts shall prominent
and conspicuously post and maintain shopping cart removal warnings at all entrances and exits to
the shopping cart owner’s premises, including parking areas that meet all of the following
minimum specifications:
1. Contain a statement to the effect that unauthorized removal of a shopping
cart from the business premises, or possession of a shopping cart in a
location other than on the business premises, is a violation of state law and
City ordinance.
2. List a local or toll-free telephone number for shopping cart retrieval.
3. Be affixed to an interior wall of the building or otherwise permanently and
prominently displayed within two (2) feet of all customer entrances and
exits.
268.5 Employee training--shopping cart removal prevention.
Each cart owner shall conduct ongoing employee training to educate new and existing
employees about procedures to prevent cart removal, including the operation of the shopping cart
containment system.
268.6 Shopping cart removal from business premises--written permission required.
No person shall be deemed to be authorized to remove a shopping cart unless he or she
possesses written authorization from the shopping cart owner. This section shall not apply the
possession of a shopping cart removed from the business premises at the direction of the
shopping cart owner for the purposes of repair or maintenance.
268.7 Removal and possession unlawful.
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Violation. It shall be unlawful for any person or his/her agent or employee to take,
remove or possess any shopping cart beyond the premises of the identified owner of the
shopping cart without the express permission of the identified owner.
268.8 Removal and disposal of abandoned shopping carts.
A. Removal. The Superintendent of Public Works is hereby authorized to seize and remove
or cause to be removed any abandoned shopping cart within the city from any public place
without notice and from any private premises with the consent of the owner of the premises and
shall take or cause the same to be returned to the shopping cart owner with notice of fine
pursuant to section 268.3 subsection (D). The Superintendent of Public Works is authorized to
call upon other city agencies or departments to assist in enforcement of this section. If the
shopping cart does not contain identification of ownership as required herein, then the same shall
be disposed of in the same manner as unclaimed property.
B. Disposal of unclaimed property. When an abandoned shopping cart not containing
identification of ownership as required herein is removed under subsection (A) of this section,
the Superintendent of Public Works may dispose of the shopping cart as they see fit. All
proceeds from the disposal of abandoned shopping carts shall be deposited to the general fund of
the city.
268.9 Cumulative Remedy
Nothing herein is intended to limit the city from pursuing any other remedy available at
law or in equity against any person or entity maintaining, committing, or causing a public
nuisance or any other violation of the Code or State or Federal law.
RESOLVED, that all affected businesses will receive notice by mail of the aforementioned
changes to the City of Ithaca Code Chapter 268;
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4. City Administration, Human Resources and Policy
.3 Recommendation that “Six Mile Creek” be the Appropriate Name for that Stream
WHEREAS, Six Mile Creek in Tompkins County is listed by the United States Board on
Geographic Names as “Sixmile Creek”, and
WHEREAS, common usage in Ithaca and beyond is to refer to this stream as “Six Mile Creek”,
and
WHEREAS, the City of Ithaca code consistently refers to the stream as “Six Mile Creek”, and
WHEREAS, the use of the name “Six Mile Creek” has substantial historical support stretching
well back into the 1800’s, according to the City Historian, and
WHEREAS, Timothy Larkin, a Tompkins County resident, has initiated the formal process of
officially changing the name to “Six Mile Creek”, and
WHEREAS, the United States Board on Geographic Names requests local municipalities to
weigh-in on requests for name changes, now, therefore, be it
RESOLVED, that the Mayor be authorized to sign and submit a Geographic Name Proposal
Recommendation form to the United States Board on Geographic Names, confirming that the
City of Ithaca believes this stream should be officially known as “Six Mile Creek”.
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4. City Administration, Human Resources and Policy
4. Amendment to Noise Ordinance
ORDINANCE __-2018
An Ordinance Revising Chapter 240 of the City of Ithaca Municipal Code
WHEREAS, the purpose of Chapter 240 of the City of Ithaca Municipal Code is to preserve the
public health, peace, welfare and good order by suppressing the making, creation or maintenance
of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and
unnatural in their time, place and use and which are detrimental to the environment; and
WHEREAS, it is also the purpose of this Chapter to allow all residents of the City to coexist
harmoniously in a manner which is mutually respectful of the interests, rights and obligations of
all persons; and
WHEREAS, the intention is to apply this Chapter to hold the creators of the noise liable for the
consequences, whether or not the disturbance caused by the noise was intentional; and
WHEREAS, when there is a social event that creates unreasonable noise, the residents of the
premises should be responsible, whether present or absent; and
WHEREAS, the Common Council desires to clarify the mens rea of offenses in this chapter and
thereby meet the legislative intent; and
WHEREAS, the noise ordinance currently contains a conflict in property classification between
the term “use” and the zoning of properties; and
WHEREAS, the nature of property is most clearly defined by the zoning classification of
property rather than the “use;” and
WHEREAS, staff recommend creating an exception for construction, demolition, and repair
noise made pursuant to a building permit or site plan, both of which may contain their own
limitations; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that, despite the continuing utility of
the City’s subjective standard for identifying unreasonable noise, certain noise determinations,
and particularly those situations of an ongoing or repetitive nature, may be better resolved under
an objective decibel-based standard for identifying unreasonable noise.
Section 2. Chapter 240 of the City of Ithaca Municipal Code shall be amended to read as
follows:
§240-1 Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance."
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§240-2 Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and good order by
suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or
unusually loud noises which are prolonged, unusual and unnatural in their time, place and use
and which are detrimental to the environment. It is also the purpose of this chapter to allow all
residents of the City to coexist harmoniously in a manner which is mutually respectful of the
interests, rights and obligations of all persons.
§240-3 Definitions.
[Amended 9-1-2004 by Ord. No. 2004-14]
Unless the context otherwise clearly indicates, the words and phrases used in this chapter are
defined as follows:
ANSI
The American National Standards Institute or its successor bodies.
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using the A-
weighted network. The level so read is designated "dBA". All references to "decibel"
shall be presumed to mean "dBA" unless otherwise specified.
COMMERCIAL USE PROPERTY
Any premises containing businesses where sales, offices, professional services, or other
commercial use is legally permitted.
CONTINUOUS SOUND
Any sound that is not impulse sound.
DAYTIME HOURS
The hours between 7:30 a.m. and 10:00 p.m., local time, on any day.
dBA
The A-weighted sound level in decibels.
DECIBEL
A unit for measuring the volume of a sound, equal to the logarithm of the ratio of the
sound pressure of the sound to the sound pressure of a standard sound (0.0002 microbar);
abbreviated "dB."
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public calamity
or work necessary to protect persons or property from an imminent exposure to danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second, and of high intensity, with an
abrupt onset and rapid decay.
INDUSTRIAL USE PROPERTY
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Any premises engaged in the manufacturing, processing, production, or shipping, of
equipment or materials, including storage yards, shall be considered industrial use, where
legally permitted.
MOTOR VEHICLES
Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any
other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it
may be amended from time to time.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of activity (e.g.,
commercial and residential).
NIGHTTIME HOURS
The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following
day.
PERSON
Includes the singular and plural and also any individual; any property owner and/or
lessee; any firm; a corporation; a political subdivision; a government agency, including
any agency of the City of Ithaca; an association or an organization, including but not
limited to officers, directors, employees, agents and/or independent contractors thereof;
or any legal entity whatsoever.
REAL PROPERTY LINE
Means either (a) the vertical boundary that separates one parcel of property (i.e., lot and
block) from another residential or commercial property; (b) the vertical and horizontal
boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a
multi-use property as defined herein, the vertical or horizontal boundaries between the
two portions of the properties on which different categories of activity are being
performed.
RESIDENTIAL USE PROPERTY
Any property used for human habitation, unless habitation is a condition of employment,
including, but not limited to:
1. Private property used for human habitation;
2. Commercial living accommodations and commercial property
used for human habitation;
3. Recreational and entertainment property used for human
habitation;
4. Community service property used for human habitation.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human voice, instrumental music or
any other sound. As used in this chapter, "sound-amplifying equipment" shall not include
warning devices on authorized emergency vehicles or horns or other warning devices on
any vehicle used only for traffic safety purposes or authorized fire horns or other
authorized emergency alarms.
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SOUND-LEVEL METER
An instrument that conforms to ANSI S1.4-1983 or its successors.
SOUND SOURCE
Any person or thing from which sound is created.
UNREASONABLE NOISE
A level of sound that is injurious or annoying or disturbing to be heard.
§240-4 Unreasonable noise prohibited.
[Amended 8-4-2004 by Ord. No. 2004-12]
A. No person shall cause public inconvenience, annoyance or alarm or recklessly create a risk
thereof by making unreasonable noise or by causing unreasonable noise to be made.
B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this
section, "unreasonable noise" shall mean any sound created or caused to be created by any
person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or
safety of the public or which causes injury to animal life or damages to property or business.
Factors to be considered in determining whether unreasonable noise exists in a given situation
include but are not limited to any or all of the following:
(1) The intensity of the noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is associated with nature or human-made activity.
(4) The intensity of the background noise, if any.
(5) The proximity of the noise to sleeping facilities.
(6) The nature and the zoning district of the area within which the noise emanates and of the area
within 500 feet of the source of the sound.
(7) The time of the day or night the noise occurs.
(8) The time duration of the noise.
(9) Whether the sound source is temporary.
(10) The volume of the noise.
(11) The existence of complaints concerning the noise from persons living or working in
different places or premises who are affected by the noise.
C. This section shall not be interpreted to prevent the issuance of permits pursuant to
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§240-14 that will authorize particular sound sources.
D. "Person" defined. For the purposes of this section:
(1) For an offense that occurs on any public property where permission was obtained to use that
public property, a "person" shall include the person or persons who obtained permission to
utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult person or
persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a
"person" shall include the person or persons who are listed on the permit.
§240-5 Purpose of article.
The provisions of this Article II complement and supplement the other provisions of this chapter
and shall be interpreted and applied in accordance with and in addition to and not in lieu of those
other provisions. The provisions of this article shall not be interpreted to prevent the issuance of
permits pursuant to §240-14 that will authorize particular sound sources.
§240-6 Devices for sound amplification, production and reproduction.
A. It shall be unlawful for any person anywhere in the City to use or to operate any radio or
receiving set, musical instrument, phonograph, television set, any other machine or device for the
producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying
or offensive manner such that noise from the device interferes with the comfort, repose, health or
safety or members of the public or recklessly creates a risk thereof, within any building or,
outside of a building, at a distance of 25 feet or more from the source of such sound or interferes
with the conversation of members of the public who are 25 feet or more from the source of such
sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B. "Person" defined. For the purposes of this section:
[Added 8-4-2004 by Ord. No. 2004-12]
(1) For an offense that occurs on any public property where permission was obtained to use that
public property, a "person" shall include the person or persons who obtained permission to
utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult person or
persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a
"person" shall include the person or persons who are listed on the permit.
§240-7 Parties and other social events.
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A. It shall be unlawful for any person in charge of a party or other social event that occurs on any
private or public property to allow that party or event to produce noise in a loud, annoying or
offensive manner such that noise from the party interferes with the comfort, repose, health or
safety of members of the public within any building or, outside of a building, or recklessly
creates the risk thereof, at a distance of 25 feet or more from the source of such sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B. For the purposes of this section, a "person in charge of a party or other social event":
[Amended 9-1-2004 by Ord. No. 2004-13]
(1) That occurs on any public property shall include the person or persons who obtained
permission to utilize that property for that event.
(2) That occurs on private property shall include the person who owns the premises involved and
any adult person who lives in or on the premises involved in such party or social event.
(3) Shall include the person who is listed on a permit granted pursuant to Article III of this
chapter with respect to such event.
C. For any violation of this section where beer is being served from a keg on the premises, the
person to whom the keg is registered shall be presumed to be responsible for the violation, in
addition to any person designated in Subsection A or B above.
§240-8 Maximum Permissible Sound Levels.
In addition to prohibitions set forth elsewhere in this chapter, the following general
prohibitions regarding sound levels shall apply in determining unreasonable noise:
A. No person shall operate or cause to be operated any source of continuous sound from any use
occupancy in such a manner as to create a sound level which exceeds the limits set forth in the
receiving use occupancy zone category in Table I, when measured at or within the real property
line of the receiving property.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS
BY RECEIVING LAND USE ZONES
dBA
Residential1
7:30 a.m. - 10:00
p.m.
Residential
10:00 p.m. –
7:30 a.m.
Commercial2
7:30 a.m. – 12 a.m.
Commercial
12am - 7:30
a.m.
Industrial
24 hours
OUTDOORS
60 50 65 55 75
INDOORS3
50 40 55 40 65
1. Property receptor located within an area that’s zoned residential.
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2. Property receptor located within an area that’s zoned commercial, including but
not limited to those zones designated CBD, Waterfront, B, WDEZ, and MU
(Collegetown Mixed-Use District).
3. The indoor permissible sound level limits will only apply if the sound source is on
or within the same property as the receiving property, as in the case of a multi-dwelling
unit building or a multi-use property (e.g., sound generated within a commercial unit of a
multi-use property building and received within a residential unit of the same building).
In addition, indoor measurements shall be taken if the property line between the receiving
property and the source property is a common wall, floor or ceiling.
(2) Impulsive Sound:
No person shall make, cause, allow or permit the operation of any impulsive source of sound
within any and all property in the city which has a maximum sound pressure level in excess of
eighty (80) dBA, when measured at or within the real property line of the receiver. If an
impulsive sound is the result of the normal operation of an industrial or commercial facility and
occurs more frequently than four (4) times in any hour the levels set forth in Table I shall apply.
§240-9 Other Prohibited Acts
A. Unamplified human voice.
(1) No person shall make, continue, or cause to be made or continued, any unreasonable noise by
use of the unamplified human voice. The unamplified human voice engaged at conversational
levels shall be exempt from this provision if such sound is not plainly audible beyond 100 feet or
does not infringe on the legitimate rights of others. Raised vocal effort, such as shouting, yelling
or screaming, with intent to cause public inconvenience, annoyance or alarm or recklessly
causing a risk thereof or that serves no legitimate purpose, when audible at distances greater than
100 feet, is prima facie evidence of a violation of this provision. This shall not apply to
spontaneous utterances such as laughter, exclamations of warning, or sporting events.
(2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within any
area of the City zoned for residential uses, including all R and CR zones. The provisions of this
section shall not be construed to prohibit the selling by outcry of merchandise, food and
beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public
entertainment events.
B. Machinery.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle,
construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar
mechanical device or to engage in any commercial or industrial activity in any manner so as to
create unreasonable noise as defined in §240-4 of this chapter. In making such determination
with respect to the matters governed by this section, additional factors to be considered shall
include:
(1) The necessity of the work being done.
(2) The ability of the creator of the noise to minimize or reduce the amount of noise created or to
otherwise minimize its adverse effects.
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C. Construction during nighttime hours.
(1) Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall
be unlawful for any person within a residential zone or within 500 feet of a residential zone to
operate construction equipment (including but not limited to any pile driver, steam shovel,
pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or
repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal
warning that the violation exists and of the penalties that may result if the violation continues.
(2) This section shall not be deemed to prohibit:
a. Work of an emergency nature.
b. Work of a domestic nature on buildings, structures or projects being undertaken by a
person(s) residing in such premises; provided that, if any domestic power tool, including but not
limited to mechanically powered saws, sanders, grinders and lawn and garden tools used
outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to
cause noise within a residential building or across a residential real property boundary where
such noise interferes with the comfort, repose, health or safety of members of the public within
any building or, outside of a building, at 25 feet or more from the source of the sound.
§240-10. Motor Vehicles
A. No person shall remove or render inoperative, or cause to be removed or rendered inoperative or
less effective than originally equipped, other than for the purposes of maintenance, repair, or
replacement, of any device or element of design incorporated in any motor vehicle for the
purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been
so modified. A vehicle not meeting these requirements shall be deemed in violation of this
provision if it is operated stationary or in motion in any public space or public right-of-way.
B. No motorcycle shall be operated stationary or in motion unless it has a muffler that complies
with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.
C No person shall operate any motor vehicle with an engine braking device engaged which does
not have a muffler in good working order.
D. Personal or commercial vehicular music amplification or reproduction equipment shall not be
operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the
vehicle between the hours of 10:00 p.m. and 7:30 a.m.
E. Personal or commercial vehicular music amplification or reproduction equipment shall not be
operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the
operator between the hours of 7:30 a.m. and 10:00 p.m.
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§240-11 Applicability of section.
Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to §240-4.
§240-12 Exceptions.
The provisions of this chapter shall not apply to:
A. Sound and vibration emitted for the purpose of alerting people in an emergency or in the
performance of the response to an emergency.
B. Sounds connected with any authorized carnival, fair, exhibition, parade or community
celebration or from any municipally sponsored celebration, event, activity or individually
sponsored event where a permit or other relevant permission has been obtained from the City.
C. The operation or use of any bell, chimes, or other instrument from any church, synagogue,
temple, mosque or school licensed or chartered by the State of New York, provided such
operation or use does not occur during nighttime hours.
D. Sounds created by any government agency by the use of public warning devices.
E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural equipment
when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and
9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 75
dBA at or within any real property line of a receiving residential property.
F. Noise from snow blowers, snow throwers, and snow plows when operated with a muffler for
the purpose of snow removal.
G. Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar
alarm shall terminate its operation within five (5) minutes after it has been activated.
H. Sounds created by any governmental agency or railroad agency by the use of public warning
devices or created by public utilities in carrying out the normal operations of their franchises.
I. Noise necessarily or customarily caused by construction, demolition, repair or other
activity conducted pursuant to a building permit issued by the City of Ithaca, and in
compliance with all limitations required by the building permit and from site plan review.
§240-13 Permit procedures for events of a temporary duration.
[Amended -1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06]
Except as provided for in §157-8of the City Code regarding the Ithaca Commons:
A. Where a sound source exists, is planned, installed or intended to be installed or modified by
any person in a manner that such source will create or is likely to create unreasonable noise or
otherwise fail to comply with the provisions of this chapter, such person must secure a permit
pursuant to Subsection D of this section.
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B. Where any person uses or plans to use any sound-amplifying equipment in such a way that
such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any
day and 7:30 a.m. of the next day, such person must secure a permit pursuant to Subsection D of
this section.
C. Where any person uses or plans to use a public-address system that will make sound outside
of a building, such person must secure a permit pursuant to Subsection D of this section.
D. Applications shall be submitted at least 72 hours in advance of an event. The application for
the permit shall provide the following information:
(1) The reasons for such usage, including a demonstration why it is desirable or necessary that
the sound source involved be authorized by a permit pursuant to this section.
(2) Plans and specifications of the use.
(3) Noise-abatement and -control methods to be used with respect to the sound source involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity complies with any
permit issued for it pursuant to this section.
(6) If required by the party issuing the permit, proof that notification of the application for the
permit has been given to each person reasonably expected to be affected by the noise, the content
of such notification and the manner in which such notification has been given, if the event is not
a community-wide or public event. The notification shall state that any person objecting to the
granting of such permit may contact the appropriate city department to which the application is
being made to express his/her opposition to the granting of the permit.
E. The application shall be made to the Superintendent of Public Works, or his/her designee, in
connection with construction work on public rights-of-way or in parks; to the Director of
Planning and Development, or his/her designee, for all other construction projects; and for others
to the Mayor or his/her designee. The issuance of permits shall be discretionary, and a permit
shall be issued only where the responsible official determines that such permit is reasonable and
necessary and will allow an activity that is consistent with the general purposes of this chapter,
as stated in §240-2. When determining if a permit should be issued, factors the official shall
consider shall include but are not limited to the volume of the noise, the proximity of the noise to
sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise,
and the impact of the noise on persons living or working in different places or premises who are
affected by the noise. Any permit granted shall state that the permit only applies to this chapter,
and that §240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly
Conduct, provides that “a person is guilty of disorderly conduct when, with intent to cause public
inconvenience, annoyance or alarm or recklessly creating a risk thereof: . . . he makes
unreasonable noise."
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
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F. In order to further the purposes of this chapter and to facilitate its implementation and
enforcement, the Superintendent of Public Works, the Director of Planning and Development
and the Mayor, or their designees, shall have authority to impose such conditions as they
determine are reasonable and necessary on permits they issue pursuant to this section. Such
conditions may govern factors which include but are not limited to the time and location the
involved sound source may be utilized.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
G. The Superintendent of Public Works, the Director of Planning and Development and the
Mayor or their designees shall provide the Chief of Police with a copy of any permit issued
pursuant to this section.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
§240-14 Variances
The Mayor or his/her designee may grant for a sustained duration an individual variance from
the limitations prescribed in this article whenever it is found, after a noticed public hearing
before the Planning and Economic Development committee of Common Council and upon
presentation of adequate proof, that compliance with any part of this article will impose an undue
economic burden upon any lawful business, occupation or activity, and that the granting of the
variance will not result in a condition injurious to health or safety.
Any variance, or renewal thereof, shall be granted within the following limitations:
1. If the variance is granted on the grounds that compliance with the particular
requirement or requirements will necessitate the taking of measures which, because of
their extent or cost, must be spread over a considerable period of time, it shall be for a
period not to exceed such reasonable time as, in the view of the Mayor or his/her
designee, is requisite for taking of the necessary measures. A variance granted on the
ground specified in this division shall contain a timetable for taking of action in an
expeditious manner and shall be conditioned on adherence to the timetable; or
2. If the variance is granted on the ground that it is justified to relieve or prevent
hardship of a kind other than that provided for in division (1), it shall be for not more
than one year.
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B. Any person seeking a variance shall file a petition for variance and a $50 filing fee with the
Mayor or his/her designee. The Mayor or his/her designee shall thereafter conduct a noticed
public hearing in accordance with this section at a regularly scheduled meeting of the
Planning and Economic Development committee of Common Council, accept documentary
and testimonial evidence in accordance with accepted administrative hearing procedures, and
make a final decision regarding the granting of the variance.
C. Written notice of the public hearing, the time and place of which shall be set by the Mayor or
his/her designee, shall be mailed by the petitioner at least 10 days prior to the hearing, with
proof of mailing provided to the Mayor at least 8 days prior to the hearing, to:
1. the owners as shown by the records of the County Assessor of lots comprising the site
of the variance and lots within 200 feet, excluding public right-of-way, of the site of
the variance;
2. any neighborhood association if the site of the variance is within the neighborhood
association’s boundaries or within 200 feet of the neighborhood association’s
boundaries, excluding public right-of way.
3. any other person or entity that has filed with the Mayor a request to receive a notice
of the variance proceeding.
D. The notice of hearing shall set forth the name and address of the petitioner, the location of the
site of the variance, that the petitioner has requested a variance from this ordinance, the
nature of the requested variance, and that part of the ordinance that would be-waived if
approved.
E. Following the hearing, the Mayor or his/her designee shall render a written final decision
including findings of fact and conclusions of law. The Mayor or his/her designee shall mail
the decision to all parties of record.
§240-15 Penalties for offenses; presumptions.
A. Any person who shall violate any provision of this chapter shall be punishable by a fine not to
exceed $500 or imprisonment of not more than 15 days, or not more than 100 hours of
community service or any combination of such fine and imprisonment and not less than $100 or
25 hours of community service; provided, however, that a person who shall violate any provision
of this chapter after having been convicted of a violation of any provision of this chapter within
the preceding three years shall be punishable by a fine not to exceed $750 or by imprisonment of
not more than 15 days, or not more than 125 hours of community service or, any combination of
such fine and imprisonment and not less than $200 or 40 hours of community service; and
further provided that any person who shall violate any provision of this chapter after having been
convicted two or more times of a violation of any provision of this chapter within the preceding
three years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not
more than 15 days, or not more than 125 hours of community service, or any combination of
such fine and imprisonment, and not less than $300 or 50 hours of community service. For any
penalties of community service, the court may accept community service from people other than
the defendant whom the court deems appropriate, such as other residents of the premises or
others who choose to accept responsibility for the violation. In assessment of the above penalties,
aggravating factors shall include but not be limited to the presence of the following factors:
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(1) A common source of alcohol such as a keg;
(2) A live band or disc jockey or other live entertainment;
(3) Amplified sound emanating from speakers placed or directed outside of the building;
(4) A charge to gain entrance into the premises or to consume alcohol;
(5) A violation of § 250.8 (public urination) of this Code on the premises;
(6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before
the following 6:00 a.m.;
(7) More than 25 guests on the premises, "guests" being defined for the purposes of this section
as any people who do not reside at the premises;
(8) Any underage person or persons possessing or consuming alcohol on the premises, each
underage person constituting a separate aggravating circumstance;
(9) More than one complaint made to the police about the noise, each complaint after the first
being a separate aggravating circumstance.
B. For purposes of this chapter, for any offense that takes place on private property, if the person
or persons directly responsible for the activity that violates any provision of this chapter cannot
be determined, then all residents of the property on which the activity takes place shall be
presumed to be responsible for the violation.
Section 16. Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of this ordinance.
Section 17. Effective Date. This ordinance shall take effect immediately and in accordance with
law after publication of notices as provided in the Ithaca City Charter.
To: City Administration Committee
From: Ari Lavine, City Attorney
Date: March 13, 2018
Re: Noise Ordinance Minor Amendments
As described below, this ordinance contains four categories of relatively minor fixes and
improvements to the noise ordinance. Most were recommended by the noise consultant who
assisted the City in drafting the current ordinance.
1. Property “use” vs. “zone”: Chapter 240 currently contains a conflicting definition for
property classification. For instance, someone who lives in an apartment in an area zoned
commercial, has a “residential use” but a “commercial zone.” Using “zone” throughout makes
the ordinance consistent, clear, and objective, insofar as the City’s zoning is publicly available,
whereas individual property “uses” may not be.
2. By deleting “recklessly” in 240-4(A), 240-6(A), and 240-7(A), this ordinance makes clear
that a “strict liability” standard will apply to noise that disturbs someone. This means that it does
not matter if the defendant intended to disturb someone, but rather whether it was loud enough
reasonably to cause that disturbance. This change will likely avoid the need unnecessarily to
subpoena noise complainants for noise violation trials.
3. The deletion in 240-7(B)(2) of “involved in such party or social event” addresses the
frequent problem of officers responding to a noise complaint and not being able to identify a
resident who is responsible, either because none is present or because residents misrepresent their
status to the officer. Absent this change, residents have an incentive to run away upon an
officer’s approach (which happens periodically), and when no residents are present (which also
happens periodically) the officer would have to determine who is “in charge of the event”, which
is near-impossible absent cooperation from those present, which is not always forthcoming.
4. 240-12 Exceptions: Construction, repair, and demolition are often necessary for the
benefit of the city but generate substantial noise. These activities require a building permit
and/or site plan. Limitations on time and noise may be included in either of the former. Absent
the proposed construction exception in this ordinance, necessary construction/repair/demolition
noise makers could be liable for noise violations in the regular course of their necessary
activities.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Kevin Levine, Assistant City Attorney
Jody Andrew, Executive Assistant
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4. City Administration, Human Resources and Policy
.5 An Ordinance to Amend Chapter 120 of the City of Ithaca Municipal Code Entitled
“Youth Council”
ORDINANCE 2018-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Chapter 120 of the City of Ithaca Municipal Code entitled “Youth Council” is hereby
amended to read as follows:
§ 120-1 Creation.
In recognition of the history of youth councils in the Ithaca community, the Common Council of
the City of Ithaca hereby creates an entity that shall be known as the "City of Ithaca Youth
Council," hereinafter also referred to as the "Youth Council," in accordance with the following
conditions.
§ 120-2 Purposes and duties.
The purposes and duties of the Youth Council shall be as follows:
A. To develop future leaders by providing the teenage members opportunities to participate in
city governance and have an active role in addressing community issues.
B. To give a formal voice to the youth of the community. The Youth Council will provide
ongoing, two-way communication with policymakers, especially the Common Council, so as to
better address youth and community issues. The Youth Council will develop mechanisms to
receive input regularly from other youth about their ideas and concerns.
C. To help provide a hands-on civic education to participating members through direct
experience with democratic processes and practical skill development.
D. To contribute to the community in a concrete way. The Youth Council will plan and execute
projects to improve conditions for teenagers.
E. To submit a written annual report on the membership and activities of the Youth Council, to
the Mayor and Common Council (and the City Clerk), and to report on a regular basis to the
Mayor.To help youth build their social networks, engage with the opportunities available
within their local community, and help their peers make positive connections to the local
community.
F. To submit a written annual report on the membership and activities of the Youth
Council, to the Mayor and Common Council (and the City Clerk), and to report on a
regular basis to the Mayor.
§ 120-3 Membership.
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A. The Youth Council shall consist of 7 10 members, all of whom shall be voting members,
appointed by the Youth Council Advisory Board subject to the approval of the Common
Council. The appointing entitiesstaff shall commit to assembling a diverse, multicultural and
inclusive membership of the Youth Council, with regard to the protected classes and other
unique characteristics that represent the needs of the entire community.
B. Notwithstanding the provisions of Chapter 103 of this Code, at least five½ of the Youth
Council members shall be residents from the City of Ithaca. The remaining members shall be
selected from within the municipalities comprising the Ithaca City School District. The members
of the Youth Council must be at least 16 years old and not past the 12th grade (or the age of 19,
if not enrolled in high school).
C.The members of Ithaca Youth Council shall hereinafter referred to as Youth Council
Ambassadors or Ithaca Ambassadors
§ 120-4 Associates.
The Youth Council Advisory Board may designate up to four associates who are 14 or 15 years
of age. Such associates shall be invited to attend and participate in Youth Council meetings and
events but shall have no voting authority and may not hold office in the Youth Council.
§ 120-45 Terms; vacancies.
A. Except as provided for in Subsection B below, the The members of the Youth Council shall
be appointed for terms of two years1 year or until the time of their high school graduation, if that
occurs first. A member who has reached the end of a two-year appointment while still in high
school may elect to extend his or her term by one additional year. Terms shall begin in
September (or, in the initial year of the Youth Council's operation, as soon as is practical after its
establishment), except in the case of members appointed to fill vacancies. Vacancies shall be
filled in the same manner as the original appointment, except that a vacancy occurring other than
by the expiration of a term of office shall be filled only for the remainder of the unexpired term.
B. Notwithstanding the above, the initial terms for members of the Youth Council shall be set at
one or two years, such that staggered terms are established for subsequent appointments. The
appointing entities may make an appointment for a one-year term, as needed, in order to
maintain a balance of staggered terms.
§ 120-6 Officers.
A. At the start of each year, the Youth Council shall select its officers, for the purpose of
providing general leadership, recordkeeping and fiduciary oversight. The manner of such
selection and the titles and specific responsibilities of the officers shall be set forth in operational
rules adopted by the initial Youth Council and as amended from time to time as needed by the
Youth Council.
B. The lead officer of the Youth Council shall serve as liaison to the Common Council and shall
have an opportunity to report at Common Council meetings.
C. The leadership of the Youth Council shall meet regularly with the Mayor at a time convenient
to all, with the goal of meeting not less than bimonthly.
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§ 120-7 Youth Council Advisory Board.
A. A Youth Council Advisory Board is hereby established, to oversee the activities of the Youth
Council.
B. The Youth Council Advisory Board shall consist of up to 10 members, each of whom shall be
appointed for a term of three years (or for the remainder of the term in question when a vacancy
is being filled). Membership of the Advisory Board shall be composed of one staff member
appointed respectively by the directors of the Greater Ithaca Activities Center, the Ithaca Youth
Bureau, and the Southside Community Center and up to seven members appointed by the Mayor
and approved by the Common Council, including at least one member of the standing committee
of Common Council responsible for working with the City's youth services departments,
members selected from the local education and youth advocacy communities and representatives
of major funders of the Youth Council.
C. In addition to providing oversight, the Youth Council Advisory Board shall interview all
applicants for membership on the Youth Council and shall make recommendations as to their
appointment, on the basis of the candidates' leadership potential and commitment to effective
service on the Council.
§ 120-58 Staff support.
A staff person(s) from a City Youth Services Department shall act in consultation with the
YouthCommon Council Advisory BoardLiaisons and under the direction and supervision of the
City department head so designated by the Mayor. The duties of this staff person with regard to
the Youth Council shall be set forth in writing and kept up-to-date by the department head and
provided to the Mayor, and a current version of such description shall be appended to the annual
report required by § 120-2 herein.
§ 120-69 Meetings; records; annual report.
The Youth Council shall meet publicly at least monthly regularly to complete projects and
adopt rules tasks towards their annual goals.
The Youth Council shall report twice a year to Common Council regarding youth and
procedures for its meetings. community issues.
The Youth Council shall keep accurate records of its meetings and activities and shall prepare
and submit an annual report as provided for in § 120-2 of this chapter.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in accordance with
law upon publication of notices as provided in the Ithaca City Charter.
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: Youth Council Codes
Date: 1/17/18
In 2018 Ithaca Youth Council program will go through some changes in order to meet
the needs of teens in our area, attract a more diverse group of students and provide
experiences that will grow leadership and other skills they need to be successful adults.
The Youth Bureau has met with Youth Council liaisons Deb Mohlenhoff and Ducson
Nguyen to discuss the changes during the program planning process. As a result we
are proposing the following changes to the City Code Chapter 120: Youth Council:
120 – 2 Purposes and duties
Add:
E.
To help youth build their social networks, engage with the opportunities available within their local community, and
help their peers make positive connections to the local community.
120-3 Membership
Create a range of membership from 10 to 7 – 10.
Delete “all of whom shall be voting members, appointed by the Youth Council Advisory
Board subject to the approval of the Common Council.”
Delete “entities” and add “staff” as shown below.
A.
The Youth Council shall consist of 7-10 members, The appointing staff shall commit to assembling a diverse,
multicultural and inclusive membership of the Youth Council, with regard to the protected classes and other unique
characteristics that represent the needs of the entire community.
Delete “at least 5 members; add “at least half of Youth Council”
B.
Notwithstanding the provisions of Chapter 103 of this Code, at least ½ of the Youth Council members shall be
residents from the City of Ithaca. The remaining members shall be selected from within the municipalities
comprising the Ithaca City School District.
Add C.
The members of Ithaca Youth Council shall hereinafter be referred to as Youth Council Ambassadors or Ithaca
Ambassadors
Delete section 120-4 Associates
The Youth Council Board may designate up to four associates who are 14 or 15 years of age. Such associates shall
be invited to attend and participate in Youth Council meetings and events but shall have no voting authority and may
not hold office in the Youth Council.
Change “120-5” Terms; vacancies to “120-4” Terms and; vacancies
Change the length of term from 2 years to 1 year as noted below.
The members of the Youth Council shall be appointed for terms of 1 year or until the time of their high school
graduation, if that occurs first. Terms shall begin in September (or, in the initial year of the Youth Council's
operation, as soon as is practical after its establishment), except in the case of members appointed
Delete section 120-6 Officers
Delete section 120-7 Youth Council Advisory Board
Change “120-8” Staff support to 120-5 Staff support
Delete “Youth Council Advisory Board”
Add “Common Council Liaison to read as follows:
A staff person(s) from a City Youth Services Department shall act in consultation with the Common Council
Liaisons and under the direction and supervision of the City department head so designated by the Mayor. The
duties of this staff person with regard to the Youth Council shall be set forth in writing and kept up-to-date by the
department head and provided to the Mayor, and a current version of such description shall be appended to the
annual report required by § 120-2 herein.
Change “120-9” Meetings; records; annual report to 120-6 Meetings; records; annual
reports
Delete “publically at least monthly and adopt rules and procedures for its meetings. Add
“regularly to complete projects and tasks towards their annual goals. The Youth Council shall
report twice a year to Common Council regarding youth and community issues, as noted below.
The Youth Council shall meet regularly to complete projects and tasks towards their annual goals.
The Youth Council shall report twice a year to Common Council regarding youth and community issues.
The Youth Council shall keep accurate records of its meetings and activities and shall prepare and submit an annual
report as provided for in § 120-2 of this chapter.
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4. City Administration, Human Resources and Policy
.6 Finance - Approval of Updated Purchasing Policy
WHEREAS, the City of Ithaca Purchasing Policy needs to be updated to conform with current
State and Federal regulations; now, therefore be it
RESOLVED, That Common Council hereby approves the updated Purchasing Policy, which
shall be effective April 4, 2018, and will be reviewed annually by the Controller’s Office for
possible changes and amendments, and be it further
RESOLVED, That all future changes and/or amendments to the purchasing policy must be
approved by Common Council.
1
CITY OF ITHACA
PURCHASING POLICY &
PROCEDURE
MANUAL
2
SUBJECT: City of Ithaca Purchasing Policy
EFFECTIVE: January 7, 1976
REVISED: April 21, 1981 December 19, 2011
December 22, 1993 April 4, 2018
April, 1998
PROCUREMENT POLICY FOR THE CITY OF ITHACA
Public purchasing has two central purposes; protection of public financial resources by obtaining the best work,
service or product for the lowest possible price, and the prevention of favoritism, improvidence, fraud and
corruption in awarding public contracts to the lowest responsible bidder. We need to foster competition, assure
the prudent and economical use of public moneys, and adhere to Sections 103 and 104 of the General Municipal
Law. This Purchasing Policy and Procedure manual is intended for use as a guide to City purchasing methods.
When used with good judgment and common sense, this manual will enable the City to obtain the needed goods
and services efficiently and economically. City employees involved in the purchasing process should be familiar
with, and shall adhere to, the policies and procedures set forth in this manual.
The cooperation of all employees is essential if the City is to obtain the maximum value for each tax dollar spent.
While this manual does not answer all questions related to purchasing, it does provide the foundation for a
sound purchasing system.
The material in the manual is subject to revision to meet the often rapidly changing developments encountered
in the field of purchasing. When changes become necessary, the information concerning these changes will be
sent to all City departments.
The City of Ithaca Common Council shall annually review these policies and procedures.
This manual is effective immediately upon issuance, and supersedes all previous purchasing instructions or
directives.
3
PURCHASING POLICY – QUICK REFERENCE SHEET
PLEASE NOTE: THIS IS A SUMMARY AND IS NOT A COMPLETE LIST OF PURCHASING POLICIES
COMMODITIES AND SERVICES:
Under $500: You do not need quotes or a PO. You can purchase items under $500
with a Credit Card.
Over $500: You need a PO (if vendor accepts them)
$0-$1,000; No quotes needed
$1,000-$4,999: Three (3) Verbal Quotes
$5,000-$19,999: Three (3) Written Quotes
$20,000 and up: Competitive Bidding Procedure
TYPES OF REQUISITIONS:
Request for Proposal (RFP): Used to requisition services that requires multiple factors to be
considered in the award. This is a formal negotiation - price is not the only deciding factor. The
deciding factors must be identified in the RFP and a committee ranks each proposal based on these
factors.
Request for Bid (RFB): Used to requisition item(s) to be bid on. The award is based solely on price
(or best value).
PUBLIC WORKS CONTRACTS:
Under $5,000: Can be awarded at the discretion of the City Controller and a representative from
the applicable City Department
$5,000-$34,999.99: Three (3) Formal Written Quotes
$35,000 and up: Competitive Sealed Bid
EXCEPTIONS:
• Certain professional services
• Reimbursement of petty cash funds
• Utility bills
• Interdepartmental charges
• Medical examinations
• Legal notices
• Postage meter and stamp costs
• Items on state bid or OGS contract
• Emergency Purchases
4
PURCHASING RESPONSIBILITY
The City of Ithaca Controller’s Office is hereby authorized to make all purchases of necessary goods and services by any
means legal within the State of New York and within all applicable rules and regulations and in the best interest of the taxpayers
of the City of Ithaca.
In keeping with General Municipal Law 104-b, which requires the identification of the individual or individuals responsible for
purchasing and their respective titles, the following individual(s), name(s) and title(s), are responsible for purchasing for City
of Ithaca:
Steven P. Thayer
City Controller
Scott A. Andrew
Deputy City Controller
5
ETHICS OF PURCHASING
In order to eliminate any suspicion of wrongdoing or unfairness of conflicts of interest prior to any purchase of materials, goods
or supplies, the City Controller shall:
1. Consider the interest of the City in the betterment of its government.
2. Endeavor to obtain the greatest value for every dollar expended.
3. Be receptive to advice and suggestions from employees, insofar as such advice and suggestions are not in conflict
with legal or moral restrictions in purchasing procedures.
4. Strive for knowledge of municipal equipment and supplies in order to recommend items that may either reduce cost
or increase municipal efficiency.
5. Insist on and expect honesty in sales representation whether offered verbally or in writing, through advertising or by
providing samples of a product.
6. Give all responsible bidders equal consideration and the assurance of unbiased judgment in determining whether
their products meet specifications.
7. Discourage the offer of, and decline any and all gifts which in any way might influence the purchase of municipal
equipment and supplies.
8. Accord a prompt and courteous reception, insofar as conditions permit, to all who call on legitimate business missions
and cooperate with governmental and trade associations in the promotion and development of sound business
methods in purchasing the City equipment and supplies.
9. Govern by the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect
and inspire the confidence of the organization and the public being served.
6
GENERAL PURCHASING STANDARDS, DEFINITIONS AND POLICIES
The City Controller’s Office (or designee) shall be responsible for developing and administering a centralized
purchasing system and procedure to make provisions for all purchases, sale, lease, rental and servicing of materials,
supplies, equipment and services for all City departments and agencies of City government pursuant to and in
compliance with all the applicable provisions of laws and regulations.
MAJOR ROLES AND RESPONSIBILITIES
The City of Ithaca does not have a separate Purchasing Division or Department, but instead utilizes a decentralized
purchasing system. As such, the ultimate responsibility and provider of oversight to the entire purchasing system is
the Controller’s Office. Due to the decentralization of the purchasing system, each department is tasked with partial
purchasing responsibility in which these responsibilities will be clearly highlighted throughout the policy.
City Controller and Office - The Controller’s Office provides oversight, control, and the overall administration
of the decentralized purchasing system. The Controller’s office is responsible for handling the Competitive
Bidding process.
Department Heads – Each department is responsible for initiating purchases, monitoring the delivery of
purchases, and providing notifications of amendments of the purchase, etc. Department Heads are to ensure
that designated purchasing employees fully comply with the purchasing policy.
Designated Purchasing Employees - Employees involved in their department’s procurement process are to
understand the purchasing procedures and to refer to this manual for reference of appropriate procedures to
be used in the right situation.
Attorney - The City Attorney provides legal approval for written contracts when contractual work or purchases
are required and ensures that the correct legal proceedings are used.
Vendor or Supplier - The vendor or supplier is the second party willing to supply a service or commodity to th e
City of Ithaca for the agreed upon price and stipulations.
TAX EXEMPT STATUS
As a municipality, the City of Ithaca is exempt from all State of New York sales taxes and some Federal Excise
Taxes. If a vendor requests proof of tax exemption, the Controller’s Office can provide documentation to the vendor.
PURCHASE REVIEW
Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public
works contract. The definitions of a Purchase Contract and a Public Works Contract are as follows:
A. Purchase Contract - Involves the acquisition of commodities, materials, supplies or equipment.
B. Public Works Contract – Involves the purchase of services, labor, or construction.
When a contract involves both elements of a purchase contract and a public work contract, it must be reviewed to
determine which type of contract it is. As a general rule, if the contract involves a substantial amount of services
such that it is the focal point, and the acquisition of goods is incidental, it will be considered a contract for public
work. Conversely, if services or labor are only minimal or incidental to the acquisition of goods, it will be considered
a purchase contract. Once that determination is made, a good-faith effort will be made to determine whether it is
known, or can be reasonably expected, that the aggregate amount to be spent on the item of supply or service is
not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a
year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal
Law: purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; sole
source purchases; goods purchased from correctional institutions; purchases from agencies for the blind and
disabled; purchases under State and County contracts; leases; and second-hand purchases from another
government entity.
The City shall purchase materials, supplies, equipment and services as required, at the best possible and reasonable
price, and maintain the appropriate documentation for the purchase as follows:
A. Purchases will be secured by use of written requests for proposals, written quotations, verbal
quotations, or any other method that assures that goods and services will be purchased at the lowest
reasonable price, and that favoritism will be avoided.
7
B. Proper written documentation (acceptable to the Controller’s Office) by the individual making the
purchase will be required whenever a contract is awarded to other than the lowest responsible vendor.
This documentation will include an explanation of how the award will achieve savings, is an
environmentally preferable alternative, or how the vendor was not responsible.
NEW YORK STATE CONTRACTS
Purchases shall be made, to the extent practicable, through: available New York State contracts of the Office of
General Services, Division of Standards and Purchase; Department of Correctional Services; New York State
Industries for the Disabled; Industries for the Blind of New York State; and surplus and second-hand purchases from
another governmental entity, whenever such purchases are in the best interest of the City. The State Contracts can
be obtained on the New York State Website at the following address: http://www.ogs.state.ny.us. Click on
Procurement Services; click on Search State Contract Award notices, and look up information by using key word
search or contract group number. If a State Contract exists for the desired item, the State Contract should be the
primary source, unless reasoning can be provided to select a different vendor.
State List of Debarred Vendors - In addition to a vendors list, there is also a Debarred Vendors List. This list
contains the name of businesses that are disapproved of hiring due to poor service, failure to comply, or difficulty
shown in cooperating. Before moving forward with a purchase, you should regularly check the Debarred
Vendors List in order to ensure that the businesses that you intend to compare price quotes with are not on this
list. So, be sure to review the state list of debarred vendors. If the vendor who you plan to purchase from is
on this list, you should not purchase from that vendor. This list can be found in the Controller’s Office.
Purchase contracts for materials, supplies and equipment, involving an estimated annual expenditure in excess of
$20,000 and public works contracts in excess of $35,000 shall be awarded only after public advertising soliciting
formal bids pursuant to Section 103 of the General Municipal Law. The City Controller’s Office or designee shall be
responsible for all required public advertising and competitive bidding; shall conduct all bid solicitations and openings;
and secure the recommendations for awarding contracts from the appropriate official. Opportunity shall be provided
to all responsible suppliers to do business with the City. To this end, the City Controller’s Office or designee shall
develop and maintain lists of potential suppliers (bidders list) for various types of materials, supplies, equipment, and
services. Lists shall include and highlight all environmentally responsible suppliers. Such lists shall be used to
develop mailing lists of potential suppliers and for distribution of specifications, drawings, and invitations to bid. Any
supplier may be included on the list upon request. When soliciting bids, a statement of “Information to Bidders” shall
be included with all specifications submitted to suppliers. The information to bidders shall be incorporated in all
contracts awarded for the purchase of materials, supplies, equipment, and services. The statement shall assist
bidders with general information included in the bid. All contracts which require public advertising and competitive
bidding shall be awarded as provided by State law and consistent with policies and procedures of the City attached
hereafter. Recommendation for awarding contracts shall be submitted by the appropriate official.
PROPERTY RECORDS
The Deputy City Controller, in conjunction with appropriate City Staff, shall establish a procedure for maintaining an
up-to-date property and inventory record of all equipment, except expendables, held by the City and for the disposal
of obsolete surplus or non-movable materials, supplies, and equipment.
CONFLICT OF INTEREST
No official or employee of the City shall be interested financially in any purchase or contract secured by the City.
This also precludes acceptance of gratuities, financial or otherwise, by the above persons, from any supplier of
materials, supplies, equipment, or services to the City, the sharing of bids, or specifications with potential bidders
prior to the competitive process, and assisting a supplier or firm to win a contract award prior to or during the
competitive process.
FEDERALLY FUNDED PURCHASING CONFLICT OF INTEREST STATEMENT
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by
a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when
the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization
which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a
tangible personal benefit from a firm considered for a contract. The officers, employees, and agents can neither
solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. If the
financial interest is not substantial or the gift is an unsolicited item of nominal value, no further action will be taken.
However, disciplinary actions will be applied for violations of such standards otherwise.
The City Controller’s Office or designee shall develop a procedure for review of procurement practices or activities
upon receipt of an inquiry or allegation of violation of this policy following its adoption.
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MINORITY AND WOMEN OWNED BUSINESS
To the extent possible, the City of Ithaca will encourage contracts with minorities and women-owned businesses,
and the City will not discriminate against contractors because of race, creed, color, national origin, sex, age, disability,
or marital status, or sexual or affectional preference and will continue existing programs of affirmative action to
ensure that minorities are afforded equal opportunities without discrimination.
EXCEPTIONS TO GENERAL PURCHASING STANDARDS
Internal control involves not only compliance with required purchasing procedures, but also affects the paperwork
necessary. “Over-papering” can ruin the effectiveness of the system almost as quickly as non-compliance. The
authorized dollar limits, requirements of quotations, and utilization of purchase orders are waived for the following
exceptions, established upon a determination of operational efficiencies and economics:
1. Purchases under $250
2. Office supply orders
3. Petty cash reimbursements
4. Utility Bills
5. Maintenance, Repairs and Parts (up to $5,000)
6. Interdepartmental Charges
7. Postage Costs
8. Memberships & Dues
9. Subscriptions
10. Mileage, Travel, Conference reimbursements
11. Other expenses determined by the purchasing agent or designee on an individual basis.
EMPLOYEE FRAUD
Policy Statement: An act of fraud is committed if an employee of the City negotiates a personal procurement by
fraudulent use of a City requisition number, purchase order number or procurement card.
If an employee claims a purchase is on behalf of the City of Ithaca, when in fact the purchase was made solely for
personal use, an act of fraud has been committed. By making a personal procurement from State Contracts, an act
of fraud has also been committed. By committing an act of fraud, the employee is subject to disciplinary action
and/or prosecution.
BUY LOCAL POLICY
On March 7, 1979 the Common Council passed the following resolution regarding a “buy local” policy:
RESOLVED, That this Common Council establishes the policy that all City agencies
and departments will purchase supplies, materials, and equipment within the City of
Ithaca pending availability of comparable quality and price.
ENVIRONMENTALLY PREFERABLE PURCHASING
It is the policy of the City of Ithaca to require purchase of products and services that minimize environmental and
health impacts, toxics, pollution, and hazards to worker and community safety and to the larger global community to
the greatest extent practicable; however
It is not the intent of this policy to require a department, buyer or contractor to take any action that conflict with local,
state or federal requirements or to procure products that do not perform adequately for their intended use, exclude
adequate competition, or are not available at a reasonable price in a reasonable period of time.
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Environmentally Preferable Purchasing is an important component of this policy, effective December 19, 2011, and
will guide City efforts to meet the following goals:
• minimizing health risks to City staff and residents,
• minimizing the City’s contribution to global climate change,
• improving air quality,
• protecting the quality of ground and surface waters, and
• minimizing the City’s consumption of resources.
Further, Environmentally Preferable Purchasing is adopted and encouraged by the City in order to:
• purchase products that include recycled content in order to support strong recycling markets,
• institute practices that reduce waste by increasing product efficiency and effectiveness, use products that
are durable and long-lasting, and reduce materials that are landfilled,
• purchase products and institute practices that conserve energy and water, use agricultural fibers and
residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes,
and use recycled wood and wood from sustainably harvested forests,
• purchase energy from renewable or green sources in preference to fossil fuels,
• purchase products that are free of mercury and lead and eliminate the use of other persistent
bioaccumulative toxic chemicals where possible,
• increase the use and availability of environmentally preferable products, services and distribution systems
that protect human health and the environment,
• support emerging and established manufacturers and vendors that reduce environmental and human
health impacts in their services and production and distribution systems, and
• create a model for successfully purchasing environmentally preferable products and services that
encourages other buyers and consumers in our community to adopt similar goals.
Specifications for Environmentally Preferable Purchasing
A. Source Reduction:
The City of Ithaca shall institute practices that reduce waste and result in the purchase of fewer products whenever
practicable and cost-effective, but without reducing safety or workplace quality.
City departments shall purchase remanufactured products (i.e. for equipment and vehicles) whenever practicable,
but without reducing safety, quality or effectiveness.
Products that are durable, long lasting, reusable, refillable, recyclable or otherwise create less waste shall be
selected whenever possible.
Vendors shall be required to minimize packaging to the greatest extent practicable. Packaging that is reusable,
recyclable or compostable shall be selected when suitable uses and programs exist. The City shall not purchase any
polystyrene foam food packaging.
Vendors shall be required whenever possible to take back and reuse pallets and packaging materials. Suppliers of
electronic equipment shall be required to take back equipment for reuse or environmentally safe recycling when the
City discards or replaces such equipment, unless the City deems it worthwhile to send the equipment to a non-profit
organization for reuse.
ALL documents shall be printed and copied on both sides to reduce the use and purchase of paper, unless needed
to be single sided as per legal requirements. The Information Technology staff shall provide guidance to City
departments and staff for setting duplexing as the default on each workstation, when feasible, or train employees to
use this option, for all capable printers.
B. Toxics Reduction and Pollution Prevention:
City departments shall purchase energy-efficient products and consider "less toxic alternatives" when purchasing
products such as cleaning products, pesticides and herbicides.
To the maximum extent practicable, all cleaning or disinfecting products (i.e. for janitorial or automotive use) shall (i)
meet Green Seal Standards for environmental preferability and performance, (ii) be products delineated on the NYS
OGS Green Cleaning Product List, or (iii) meet NYS OGS guidelines and specifications for green cleaning products.
When contracting with new supply vendors, the City shall encourage training of its janitorial staff.
Purchasing products containing persistent bio-accumulative toxic chemicals (PBTs) shall be avoided, where
alternatives exist.
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When maintaining buildings and landscapes, the City shall manage pest problems through prevention and physical,
mechanical and biological controls and use least toxic chemical pesticide products only after safer approaches or
products have been determined to be ineffective.
When maintaining buildings, the City shall use products with the lowest amount of volatile organic compounds
(VOCs), highest recycled content, and low or no formaldehyde when purchasing materials such as paint, carpeting,
flooring, adhesives, furniture and casework.
The City shall purchase products and equipment with no lead, cadmium or mercury whenever possible. For products
that must contain lead or mercury because no suitable alternative exists, preference shall be given to those products
with the lowest quantities of these metals and to vendors with established lead, cadmium and mercury recovery
programs.
The purchase of all pentachlorophenol, arsenic and creosote treated wood is prohibited.
When replacing vehicles, the City shall lease or purchase only the most fuel-efficient models available that are
suitable for each task and through carsharing and carpooling, shall minimize the number of vehicles purchased, as
referred to in the “Green Policy for the City of Ithaca Fleet”. To the extent practicable, the City shall use renewably-
derived fuels or fuels that are cleaner and less-polluting than gasoline and conventional diesel fuel, including
biodiesel, natural gas and electricity.
C. Recycled Content Products:
It is the policy of the City to purchase and use recycled products to the extent that such use does not negatively
impact health, safety, or operational efficiency. A 10% price preference may be given to recycled content products
based on the lowest bid or price quoted by the suppliers offering the competing non-recycled content products.
All products purchased for which the United States Environmental Protection Agency (U.S. EPA) has established
minimum recycled content standard guidelines shall contain the highest postconsumer content practicable, but no
less than the minimum recycled content standard. These guidelines can be obtained at the U.S. EPA Website at the
following address:
http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm
Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products.
City departments will favorably consider the selection of other recycled content and renewable materials, products
and supplies over their non-recycled content and non-renewable alternatives whenever availability, fitness,
operational efficiency, quality, safety, and price are equally acceptable. The list of materials, products and supplies
shall include, but not be limited to, business office products, compost, fuels, mulch, asphalt, transportation products
(e.g. signs, cones, delineators, and barricades), and other items.
All pre-printed recycled content papers intended for distribution that are purchased or produced shall contain a
statement that the paper has recycled content. Whenever feasible, the statement should indicate the percentage of
postconsumer recycled content it contains.
D. Energy and Water Savings:
New and replacement equipment for lighting, heating, ventilation, refrigeration and air conditioning systems, water
consuming fixtures and process equipment and all such components shall meet or exceed Federal Energy
Management Program (FEMP) recommended levels, whenever practicable.
All products purchased by the City and for which the U. S. EPA Energy Star certification is available shall meet
Energy Star certification. When Energy Star labels are not available, products shall meet or exceed the FEMP
recommended levels.
When energy is purchased, renewable or green sources are preferred. These include solar power or photovoltaics,
wind power, geothermal, and hydroelectric energy sources and do not include fossil fuels (coal, oil or natural gas).
Demand water heaters shall be purchased whenever practicable.
Energy Star and power-saving features for copiers, computers, monitors, printers and other office equipment shall
be enabled during the initial installation and shall remain enabled unless these features conflict with the
manufacturer’s recommended operation and maintenance of the equipment, or its specific operational use.
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E. Landscaping:
All landscape renovations, construction and maintenance by the City, including workers and contractors providing
landscaping services for the City, shall employ sustainable landscape management techniques for design,
construction and maintenance whenever possible, including, but not limited to, integrated pest management,
grasscycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to
those produced from regionally generated plant debris and/or food waste programs.
Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the
microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than
annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are
preferred.
Hardscapes and landscape structures constructed of recycled content materials are encouraged. The City shall limit
the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as
permeable asphalt or pavers, are encouraged for walkways, patios and driveways.
When available, the City shall purchase landscaping equipment that is not dependent on the use of fossil fuels.
F. Forest Conservation:
To the greatest extent practicable, the City shall not procure wood products such as lumber and paper that originate
from forests harvested in an environmentally unsustainable manner. When possible, the City shall give preference
to wood and wood products that are certified to be sustainably harvested by a comprehensive, performance-based
certification system. The certification system shall include independent third-party audits, with standards equivalent
to, or stricter than, those of the Forest Stewardship Council certification.
Implementation - Department heads shall implement environmentally preferable purchasing practices, in
accordance with this section of the policy, in coordination with the Controller’s Office and other appropriate City
personnel.
Whenever possible, the City will use recognized eco-labels and standards to make purchasing decisions.
Wherever feasible and appropriate, life cycle cost analysis should be used by City departments and staff to assist in
selecting products and services. "Cost" shall be calculated over the life of the item and should consider initial
acquisition costs, useful life, costs of maintenance and operation over the useful life, and costs of disposal and/or
replacement at the end of the useful life, rather than initial acquisition costs alone.
Successful vendors or bidders shall certify in writing that the environmental attributes claimed in bids or price quotes
are accurate.
Although not the lowest proposal or price quoted by suppliers, City departments and staff may nonetheless purchase
a product that adheres to the environmentally preferable purchasing specifications stated in this Section, if there is
"prudent and economical use of public moneys in the best interests" of City taxpayers. Such determination of "best
interests" may include full consideration and comparison of product life cycle costs (including product maintenance,
operation and disposal costs), as described above. A further consideration may include direct and identifiabl e
benefits to taxpayers, other than product cost (for example, the cost of permeable pavers might exceed the cost of
asphalt paving, yet the use of permeable pavers could mitigate storm water run-off and reduce the potential for
flooding and infrastructure damage in low-lying areas). Justification for a determination of "best interests" shall be
documented by City departments and staff and submitted to the Controller’s Office prior to the purchase of products
or services.
If the buyer making the selection from competitive bids or the requesting department seek to purchase products that
do not meet the environmentally preferable purchasing criteria in this Policy, the buyer shall provide a written
justification to the Controller’s Office (or designee) for why compliance is not practicable, e.g., the product is not
technically practical, economically feasible, or available within the timeframe required.
Vendor contracts shall be negotiated in light of the requirements of this policy. If a vendor that is under contract to
the City of Ithaca is no longer able to provide a product that meets the City’s environmentally preferable
specifications, it shall notify the appropriate city representative and provide written justification for why compliance
is not practical. Prior written consent from an authorized City representative shall be required before substituting any
alternative product or service.
Training of buyers and other relevant city staff, vendors, contractors and grantees shall include instruction on the
environmentally preferable purchasing requirements of the Policy.
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The DPW Stock Room has made significant efforts to implement an environmentally preferable or green purchasing
program for most cleaning and janitorial products supply. All City departments are encouraged to order and purchase
such products through the Stock Room, to the extent practicable.
SWEATSHOP-FREE PROCUREMENT
Effective January 1, 2012, the City of Ithaca and every department and division within the City government shall take
all steps within its authority to ensure that, whenever possible, City purchases of apparel or textiles, in excess of
$1,000, are from contractors or suppliers confirmed to be “sweatshop-free” – i.e., whose products are confirmed by
a credible, independent source to be manufactured or assembled without violating the wage and hour, labor, safety,
health, environmental, building, fire, or anti-discrimination laws, rules, codes, regulations or standards that are
applicable in the country of manufacture or assembly, or that are contained in the International Labour Organization
(ILO) Core International Labour Standards (whichever is stricter).
POLICY ON SWEATSHOP-FREE PROCUREMENT OF APPAREL AND TEXTILES
Any purchasing contract for the procurement of apparel or textiles shall comply with all applicable federal, state, and
local laws and regulations, including the City of Ithaca Purchasing Policy and Chapter 39 of the Municipal Code of
the City of Ithaca.
1. To the extent allowed under General Municipal Law, Section 103, the City of Ithaca and its departments shall
only purchase apparel or textiles confirmed to be sweat-shop free, as those terms are defined herein, unless:
a) The Controller certifies that no confirmed sweatshop-free apparel or textiles are available and that the
acquisition of the apparel or textiles sought is essential or time-sensitive, the contracting agency may
select a supplier that is not confirmed to be sweatshop-free; or
b) The purchase of apparel or textiles is for less than $1,000.
2. For purposes of this revision, “sweatshop-free” shall refer to apparel or textiles that are manufactured or
assembled without violating laws, rules, codes, regulations or standards regarding wage and hour, labor, safety,
health, environmental, building, fire, or anti-discrimination, that are applicable in the country of manufacture or
assembly, or that are contained in the ILO Core International Labour Standards (whichever is stricter).
3. Apparel or textiles may be confirmed to be sweatshop-free by:
a) Certification or otherwise credible data, information, or reports submitted to the City Controller from
the Sweatfree Purchasing Consortium or its agency members;
b) Certification or otherwise credible data, information, or reports submitted to the City Controller from
another comparable independent monitoring organization as selected by the Common Council or its
members; or
c) Self-certification by affidavit of the supplier or vendor that the apparel or textiles are sweatshop-free,
provided that such certification is not contradicted by credible information received by the City
Controller.
4. As a member of the Sweatfree Purchasing Consortium, the City will receive information from the Sweatfree
Purchasing Consortium regarding manufacturers, contractors, subcontractors, suppliers, or vendors found to
have violated human rights or labor standards. The City Controller shall advise Department Heads of violation
information from the Sweatfree Purchasing Consortium, and Department Heads shall provide such information
to all staff in a position to purchase City-required apparel.
5. The City encourages its officials and staff to strive to uphold the standards of the City Policy Statement on
Sweatshop-Free Procurement of Apparel and Textiles, in making purchases of work-related apparel.
COOPERATIVE PURCHASING
On November 4, 2015, Common Council approved authorization to enter into Purchasing Cooperative Agreements
as follows:
WHEREAS, General Municipal Law §103 authorizes the City to purchase apparatus, materials, equipment and
supplies, including vehicles, and to contract for services related to the installation, maintenance or repair of those
items, through the use of contracts let by the United States or any agency thereof, any state or any other political
subdivision or district therein so long as the contract is let in a manner that constitutes competitive bidding consistent
with state law; and
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WHEREAS, City Departments have identified savings on certain products offered through purchase cooperatives
run by state political subdivisions (school districts, municipalities, etc.) issuing public competitive bids and awarding
contracts for various public safety, public works, communication products and services, and other products, and
which contracts are then made available to local governments through membership in the cooperative; and
WHEREAS, to purchase through such purchasing cooperatives, the City must typically execute an agreement to
participate; now, therefore be it
RESOLVED, That the City's purchasing policy be amended to authorize the Mayor, upon the consultation and advice
of the City Attorney and the City Controller, to enter into purchasing cooperatives agreements with other
governmental entities or political subdivisions, where there is no fee to the City to become a member, and where the
cooperatives and their underlying bidding procedures meet the requirements of General Municipal Law §103.
AUTHORIZED EQUIPMENT LIST POLICY
On September 14, 1989, Common Council approved the following resolution relating to the Authorized Equipment
List:
WHEREAS, the authorized equipment list threshold has heretofore been $200, whereby all purchases in excess of
said amount have required Common Council authorization, and
WHEREAS, various departments of city government have requested a review and reconsideration of the $200
minimum authorized equipment list amount in view of inflationary effects on equipment items; now, therefore, be it
RESOLVED, That the minimum authorized threshold be increased to $500, effective immediately.
For equipment purchases under $500, the department head will submit the equipment request to the Controller’s
office for review and approval.
SALE OF SURPLUS PUBLIC EQUIPMENT POLICY
When public equipment is sold by the City, the following procedures must be adhered to:
1. Equipment deemed surplus by a City department must be surplus to all City departments.
Departments must check with other City departments to determine if another department can use the
surplus equipment. If another department can use the equipment, the appropriate transfer of equipment,
accountability and financial activity will be made by the departments and the Controller’s office.
2. If the equipment is deemed City surplus, City-wide, the equipment may be sold or placed in a
City auction for sale.
3. Selling Procedure: Department establishes specifications of equipment for sale and a sealed bid
equipment sale is performed through the City Controller’s Office. The sale must be advertised in the City’s
official newspaper and sealed bids must be received. The sale of equipment will be awarded to the highest
bidder. Cash or certified check will be accepted by the City. The proceeds of the sale will be placed into
the appropriate City fund and account.
4. Equipment, deemed surplus, can also be placed in a city or municipal auction. The proceeds of
the sale will be placed into the appropriate City fund and account.
WICKES LAW
Separate specifications for contracts involving the erection, construction, reconstruction, or alteration of buildings,
when the entire cost of the work exceeds $500,000, shall be prepared for the following work to be performed:
A. Plumbing and gas fitting;
B. Steam heating, hot water, ventilating and air conditioning apparatus (HVAC);
C. Electric wiring and standard illuminating fixtures;
D. General Construction.
These specifications shall be written as to permit separate and independent bidding for each of the four
areas of work. Building requirements as explained earlier in this document will pertain to each bid.
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EMPLOYEE TRAVEL
On occasion, an employee may be required to travel out of the City for City business. When this occurs, the
employee will be reimbursed travel expenses.
Process
Travel by an employee must be approved by Department Heads. Once approved, a Travel Authorization Request
form must be filled out. The Travel Authorization Request form should contain the following information:
Name and Title of Employee,
Department,
Account to be Charged,
Destination (city/town) and Purpose of Travel,
Dates of Travel,
Estimate of Transportation Cost Information (whether it be by City or personal vehicle, plane, etc.),
Estimate of Lodging Costs,
Estimate of Meals Costs,
Registration Fees, if applicable,
Total Cost of Travel,
Current Budget Balance of account to be charged, and
Signature of Department Head
Two copies of the Travel Authorization Request form are to be submitted to the Controller’s Office at least two (2)
weeks prior to travel. The Controller’s Office will then review the request and the account to which the travel will be
charged. If the budget allows for the expense, the Controller’s Office will sign both copies and return one copy to
the requesting department and forward the other copy to the Accounts Payable Coordinator.
Once approved, the requesting department will proceed with a purchase order and voucher as required within the
purchasing policy.
Employee Responsibility
It is the responsibility of the employee to retain all receipts during the time of travel. Receipts shall be itemized.
Credit Card receipts showing the total of a purchase will not be accepted.
Upon return of the employee, a voucher may be used with receipts attached, to receive reimbursement of the
expenses. Gratuities (up to 18%, pre-tax), taxes on meals and tax on gasoline for City vehicles will be refunded to
the employee. If a private vehicle is used, mileage will be reimbursed at the current IRS rate. The City will not
reimburse expenses for movies viewed in a hotel, alcohol or tax on alcohol for any reason.
CREDIT CARD POLICY
Credit Cards are issued by name to individual employees and generically to Departments and cannot be transferred
to, assigned to, or used by anyone other than the designated employee. As the liability for the Credit Card resides
with the City and not the cardholder, use for personal purchases is strictly prohibited.
In addition, the Credit Card cannot be used for certain restricted items as indicated in the “Unauthorized Card Use”
section of the Policy/Procedures manual. Fraudulent and/or misuse of the card is grounds for cancellation of Credit
Card privileges and may lead to disciplinary action, up to and to include termination of employment.
Any IT purchases must be approved in writing by the IT Director.
The Department Head is responsible to closely audit all Credit Card transactions for the department. The Controller’s
Office will perform periodic audits of Credit Card transactions.
The Controller, as fiscal officer of the City, is the only position authorized to enter into a credit card agreement. The
City Controller provides final approval to all Credit Card applications after the applicant signs the cardholder
agreement form.
A more detailed Credit Card Policy is distributed to cardholders at the time the card is given to the employee or
Department and provides additional guidance on allowed and unallowed purchases.
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FEDERAL PURCHASING REGULATIONS
Any purchases to be made using State or Federal funding must be completed and monitored according to the
Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Award (2CFR 200).
A link to the CFR can be found on the City of Ithaca Intranet. In addition, the specific requirements can be found
within the City of Ithaca Grant Management Guide. The City of Ithaca Grant Management Checklist must be used
to ensure compliance with these requirements and to provide documentation of compliance.
All Federal Grant usage within the City of Ithaca is privy to these policies and procedures due to the fact that the City
of Ithaca exceeds the annual threshold for this requirement.
For the purchasing of goods and services using Federal funding, all City of Ithaca Purchasing Policies and
Procedures are to be followed.
In addition, the following procedures must be followed:
1. Vendors must be vetted using the U.S. Federal Government’s System for Award Management (SAM)
before the purchase and/or contract is completed. Vendors must be run through this system before each
purchase to ensure that they are not suspended or debarred from federally funded transactions. If a
department is going to make a purchase using Federal funding, they must notify either the Controller’s
Office or the City Controller and request a vendor check before the purchase is made. All vendors will be
required to register on the SAM website.
2. Bonding Requirements for work performed are as follows:
a. Bid Bond 5% of total bid
b. Performance Bond 100% of total bid
c. Payment Bond 100% of total bid
It is the responsibility of the requesting Department Head to ensure that all Federal Purchasing Regulations are
followed for the purchase and the monitoring of contractor performance as a result of that purchase.
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AUTHORIZED LIMITS AND CONTROL
Annually, the authorized limits for purchasing transactions shall be reviewed, evaluated and adjusted to more
accurately reflect the market pricing, inflation, processing expenses, applicable laws, and the City’s utilization
experience.
The following authorized dollar limits are effective January 1, 1992. These limits are applicable per total purchase
transaction, provide for departmental delegation and discretion, and require documentation as specified.
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Type of Contract
Purchase of Materials, Public Works
Supplies, and Equipment Contract
Transaction Dollar Limit Process
$ 1 – 249 $ 1 - 249 Vendor selected by Department and processed
for payment on a claims voucher. Selection
of vendor based on lowest price is encouraged.
Purchase order not required, but may be
necessary for certain vendors.
$ 250 – 500 $ 250 – 500 Vendor selected by Department and processed for
payment on a claims voucher. Selection of
vendor based on lowest price is encouraged.
*If applicable, Department enters Purchase
Order No. into computer system and/or Purchas-
ing Department enters purchase order.
$ 501 – 2,500 $ 501 – 5,000 At Department’s discretion; either Department
or Controller’s Office obtains documented
telephone/verbal/Fax quotes from at least three
separate vendors (if available).
Recommend low quote be written and documenta-
tion for any exceptions needs to be included.
*If applicable, Department enters Purchase
Order No. into computer system and/or Purchas-
ing Department enters purchase order.
Controller’s Office issues purchase order.
$ 2,501 – 9,999 $5,001 – 19,999 Department or Controller’s Office obtains
written/fax quotations from at lease three (3) separate vendors (if available).
*If applicable, Department enters Purchase
order No. into computer system.
Lowest quote should be selected; if not,
Documentation must be provided.
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Type of Contract
Purchase of Materials, Public Works
Supplies, and Equipment Contract
Transaction Dollar Limit Process
$20,000 and above $35,000 and above Department and/or Controller’s Office
prepares and completes written specification.
Controller’s Office advertises for competitive
sealed bids in conformance with General Municipal
Law, Section 103.
Bids opened publicly in conformance with General Municipal
Law, Section 103.
Lowest responsible bidder meeting bid specifications
will be selected. A bid file will be
established and retained by the Purchasing
Department. If lowest responsible bidder is
not selected, reasons must be documented and
agreed upon by the Controller’s Office.
Contract or purchase order issued by Purchasing
after appropriate approval by Boards and/or
Dept. Heads.
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CITY OF ITHACA BIDDING PROCEDURES
General Municipal Law Section 103 requires that any purchase of like or similar items in excess of $20,000 aggregate
be submitted for public competitive bid. Likewise, any public works project requiring materials and labor in excess
of $35,000 is required to be put out for public competitive bids. The law also states that if Local Laws are more
stringent than State Laws then the Local Law shall be adhered to. The strictest law shall be used.
A. Specifications shall be developed to a minimum standard, which will allow greater participation by vendors
in the sealed bid process. Specifications that are too precise and do not allow for competition are not in
keeping with the intent of General Municipal Law Section 103 and may result in lawsuits against the City
B. Brand names can be used in bid specification. If the Controller’s Office is supplied with a brand name, the
buyers will generally specify “brand name or equal” on the bid. A brand name gives the parties involved
an idea of what type and quality of product is required. In many cases, several distributors can supply a
given brand. The most important features or requirements must be addressed, since no two brands are
identical. In all aspects, describe which aspects are needed for any product offered to be equivalent. Make
it clear at the outset what would be considered “equivalent”..
C. The issuance of plans and specifications and other bid documents, and the receiving of mailing fees,
deposits, bid bonds, or certified check, and contract bonds will be handled by the Controller’s Office
generally, and/or the appropriate City officials, when required by law. Bid documents can also be
obtained on the City’s website at www.cityofithaca.org/bids - the documents can be downloaded
for free. Deposits on plans and specifications for bids (when a deposit is required) – The City must refund
entire bid deposit with return of plans and specifications in good condition within 30 days from unsuccessful
bidder. If unsuccessful bidder picks up more than one set of plans, then we are to return deposit less cost
of reproducing the additional sets. If nonbidder returns sets, no matter how many sets, we are to return
the deposit less cost of reproduction.
D. Performance bonds shall be required when bidding capital improvement or public works projects. Bidders
are required to submit their performance bonds before, or at the time that they sign a contract. This bond
will ensure that the bidder performs their duties as agreed upon between the date of the award and the set
date of completion of the contract.
E. Prevailing wages (obtained by the Controller’s Office) consist of pay scales that have been bargained for
by the various unions through the State and are set by the New York State Department of Labor. Vendors
must pay these rates to those employees who work on public works projects in any municipal facility. There
is no dollar threshold where these wages do not apply. In having vendors submit quotes, it is extremely
important to make sure that they understand that prevailing wages apply for any public works project,
regardless of the cost of the contract.
F. The Controller’s Office shall prepare and place the bid advertisement for the receipt of bids in the City’s
official newspaper on such a purchase contract or a public works contract after authorization to proceed
by the appropriate City officials. At least five days shall elapse between the first publication of such
advertisement and the date so specified for the opening of the bids. Advertisement shall contain a
statement of the bid time and place. As a general rule, use three weeks as the time between the bid
advertisement and the bid opening.
G. An addendum will be issued to clarify the bid requirements and/or the bid specifications. When a
discrepancy, ambiguity or omission is revealed, an addendum will be issued to clarify the bid requirements.
The addendum is sent by fax, email or mail to all vendors that received the bid. The Controller’s Office will
make every effort to ensure that the appropriate vendors receive addenda. The addendum procedure can
also be used to extend the bid date to give the vendors/contractors sufficient time to submit a responsible
bid.
H. The City Controller’s Office (or designee) shall open all bids and read them publicly at the advertised time
during regular business hours at City Hall, 108 East Green Street, Ithaca, New York.
I. The Controller’s Office and/or appropriate City officials shall review bid documents to determine the lowest
responsible bidder meeting the specifications so that a recommendation for an award can be made at the
next regular meeting date or committee-of-the-whole meeting with power to act of a particular board or the
Common Council.
J. When an award is made by the appropriate board or Common Council, the Controller’s Office and/or
applicable department shall arrange for the execution of the contract documents by the contractor, Mayor
and any other applicable City Official.
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K. Award will be made to the lowest responsible bidder. The term “responsible” means: financially
responsible; accountable; reliable; sufficient resources; skill; judgment; integrity; responsive; and moral
worth. In deliberating the responsibility of a bidder, contractor or a sub-contractor, all contracting agencies
shall give due consideration to any credible evidence or reliable information regarding the guidelines set
forth in Chapter 39 of the City Code.
STANDARDIZATION
Section 103 of the General Municipal Law makes it possible for the City to standardize on a particular type of material
or equipment. The resolution, approved by Common Council members, shall state that for reasons of efficiency or
economy there is a need for standardization. The resolution shall contain a full explanation supporting such action.
The adoption of such a resolution does not eliminate the necessity for conformance to the competitive bidding
requirements.
Standardization, as the word implies, restricts a purchase to a specific model or type of equipment or supply. An
example of standardization would be the limiting a purchase of trucks to a particular make or model on the basis of
past performance and/or future plans.
EXCEPTIONS TO BIDDING
Pursuant to General Municipal Law, Section 104-b(2)(f), the procurement policy may contain types of procurement
for which, or circumstances when, at the sole discretion of the governing body, the solicitation of alternative proposals
or quotations will not be in the best interest of the City. In the following circumstances, it may not be in the best
interests of the City of Ithaca to solicit quotations, or document the basis for not accepting the lowest bid:
EMERGENCY EXPENDITURE/CAPITAL PROJECT PROCEDURE
An exception to the required competitive bidding requirements exists for emergency situations. Three basic statutory
criteria must be met in order for a procurement to fall within the emergency exception: (1) the situation arises out of
an accident or unforeseen occurrence or condition; (2) public buildings, public property or the life, health, safety or
property of the City are affected; and (3) the situation requires immediate action, which cannot await competitive
bidding.
The department head, in conjunction with the City Controller’s Office or designee, must review the circumstances of
the capital expenditure and determine that the situation is an emergency as defined previously. If an emergency is
declared, the approval by the existing Board (BPW) and Common Council must be made by resolution stating that
a public emergency exists.
If a public emergency is declared, then the competitive bidding requirements will be waived, but the following
procedures must occur to assure that purchases are made at the lowest reasonable costs practicable under the
circumstances:
1. The informal solicitation of verbal quotes by at least three (3) qualified contractors/vendors, or as
many as practicable, followed up by a written quotation.
2. Department head and staff make recommendations of award of contractor to the City Controller’s
Office or designee. If the lowest quote was not selected, reasons for such must be documented.
3. Award of contractor, based upon recommendations by staff, department head, and purchasing
agent, should be made by resolution at the applicable Board meeting.
4. A contract, with an amount not to exceed, must be entered into between the contractor and the
City.
5. Any change orders to the contract must be properly reviewed and approved by the appropriate
City personnel.
PROFESSIONAL SERVICES
Generally, professional services involve specialized expertise, use of professional judgment and/or a high degree of
creativity. The individual or company must be chosen based on accountability, reliability, integrity, and moral worth.
These qualifications are not necessarily found in the individual or company that offers the lowest price, and the
nature of these services are such that they do not readily lend themselves to competitive procurement procedures.
In addition, although it has been held that the exception may apply, in proper circumstances, to contract with a
corporation. In these instances the services generally are to be performed by particular designated individuals.
Finally the courts have noted that professional service contracts often involve a relationship of personal trust and
confidence. Among the services which have been held to be exempt from competitive bidding under this exception
include, but are not limited to, the following: other physicians, psychiatrists, psychologists, pharmacists, engineers,
surveyors, accounting firms, attorneys, architects, and individuals who supply a service that requires specific training
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to perform a task that is unique and not readily available from most sources. Negotiations for all services which are
not determined to fall under the RFP process shall be determined by appropriate staff of the City of Ithaca.
In determining whether a service fits into this category, the appropriate City official shall take into consideration the
following guidelines: (a) whether the services are subject to State licensing or testing requirements; (b) whether
substantial formal education or training is a necessary prerequisite to the performance of the services; and (c)
whether the services require a personal relationship between the individual and municipal officials. Professional or
technical services shall include but not be limited to the following: services of an attorney; services of a physician;
technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage
and/or services of an insurance broker; services of a certified public accountant; investment management services;
Bonding Attorney services; printing services involving extensive writing, editing or art work; management of
municipally owned property; and computer software or programming services for customized programs, or services
involved in substantial modification and customizing of pre-packaged software. Other professional services related
to specified projects or contracts will be examined on an individual case basis.
The City will solicit proposals for professional services on the City’s General Services every three years or as the
Controller’s Office deems necessary. Extension of contracts can be made by appropriate authorization from
Common Council.
MANDATED SOURCES
Sources include the Department of Correction, Industries for the Blind of New York State, and the N.Y.S. Industries
for the Disabled.
SOLE SOURCE
When there is only one possible source from which to procure goods and/or services, thus indicating there is no
possibility of competition, the following will be shown:
1. Unique benefits of item needed;
2. No other product/service can compare;
3. Cost is reasonable as compared to product offered;
4. There is no competition available.
STATE/COUNTY CONTRACTS
The City can purchase (and, in fact, is encouraged) from New York State Contracts. The contract must have the
applicable P#. The City can purchase from County contracts if the County has passed appropriate resolution stating
availability to local municipalities.
PIGGYBACKING
Effective August 1, 2012, a new subdivision 16 was added to General Municipal Law (GML) § 103 to authorize
political subdivisions and districts therein to purchase apparatus, materials, equipment and supplies, and to contract
for services related to the installation, maintenance or repair of those items, through the use of contracts let by the
United States or any agency thereof, any state or any other political subdivision or district therein. The contract must
be made available for use by other governmental entities.
LEASES
Prices will be negotiated between the City of Ithaca and the lessor.
COOPERATIVE PURCHASING
General Municipal Law §103 authorizes the City to purchase apparatus, materials, equipment and supplies, including
vehicles, and to contract for services related to the installation, maintenance or repair of those items, through the
use of contracts let by the United States or any agency thereof, any state or any other political subdivision or district
therein so long as the contract is let in a manner that constitutes competitive bidding consistent with state law; also
known as Cooperative Purchasing. The City is allowed to enter into purchasing cooperatives agreements with other
governmental entities or political subdivisions, where there is no fee to the City to become a member, and where the
cooperatives and their underlying bidding procedures meet the requirements of General Municipal Law §103
The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual
making the purchase. This documentation may include: written or verbal quotes from vendors; a memo from the
purchaser indicating how the decision was reached; a copy of the contract indicating the source which makes the
item or service exempt; a memo from the purchaser detailing the circumstances which led to an emergency
purchase; or any other written documentation which is appropriate.
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REQUEST FOR PROPOSAL PROCEDURE
A more detailed version of a formal quote, which is usually used when contracting for a professional service, is a
Request For Proposal (RFP). An RFP should include the following:
1. A work statement or performance specification detailing what is required.
2. Evaluation criteria by which proposals will be judged. Frequently the criteria are divided into three main
categories:
a. Managerial capability
b. Technical acceptability
c. Approach in meeting performance requirements and reasonableness of price.
3. Once criteria have been determined, the amount of weight each element will carry should be determined.
This weight information can be included in the RFP document or the criteria can be presented from most
important to least important. (Optional)
4. Time frames within which the work is to be completed.
Proposals are typically judged on the vendor’s ability to do the work specified and in the time frame specified and
based on their experience, personnel and past performance. After determining which vendors meet these criteria,
price is then considered.
The three most common ways to award a RFP are as follows:
1. Award to the most responsive vendor and negotiate price.
2. Select two or three of the most responsive proposals and request sealed bid pricing for the proposals and
award to the vendor submitting the lowest price.
3. Award to any firm the City feels can perform the job.
Transaction Dollar Limit Process
$1 - $999 Informal – Department and/or Purchasing telephone one qualified supplier to
discuss scope of work, negotiate price and award the contract.
$1,000 - $2,999 Informal – Department and/or Purchasing telephone a minimum of three (3)
qualified suppliers, discuss various approaches and request proposals in the
form of letters. Evaluate the proposals and award a contract.
$3,000 - $19,999 Informal – Department and/or Purchasing issue a letter to at least five (5)
suppliers describing your requirements and the selection criteria. Evaluate
the proposals, document your decision and award a contract. Keep the
process as simple as possible. Award letter and RFP tabulation schedule
should be sent to all participating vendors.
$20,000 and Greater Formal – Department and/or Purchasing should issue a formal RFP to known
suppliers.
Advertise locally in the City’s official newspaper. Allow at least five (5) days
for vendor response to RFP. A three-week time frame is best. If RFP is above
$100,000, should also advertise on the State level (NY Times, NYS Contract
Reporter, etc.)
An evaluation committee should be established to review proposals. Award
recommendation must go to Common Council for approval, unless the budget
has already been approved by Common Council as part of a Capital Project,
then award by Common Council is optional. Award letter and resolution must
go to vendor. RFP tabulation schedule must be sent to all participating
vendors.
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Selecting a Winning Proposal:
When selecting a winning proposal, the following criteria should be used:
1. The supplier fully understands the needs and problems of the organization;
2. The supplier knows how to satisfy the needs or solve the problems, and offers a suitable plan;
3. The supplier is well qualified by virtue of experience and resources, including personnel, to carry out the
proposed plan;
4. The price asked is reasonable and is within the project’s budget. Price can be negotiated.
Protest Procedure for Request for Proposals
1. Changes to RFP will be made by addendum. This addendum shall be mailed so as to be received by
potential bidder no less than five (5) days before the proposal due date.
2. Requests for clarification, changes, or protests of the Request For Proposal must be received by the City
in writing not less than ten (10) days before the proposal due date.
3. Any approved clarifications, changes, or protests to the RFP shall be sent to all proposers.
4. The City’s replies to requests under #2 above will be postmarked at least seven (7) days before the
proposal due date.
5. A proposer desiring to protest an award of RFP or any portion of the RFP Procedure shall:
A. File a protest in writing to the City of Ithaca Project Manager for this procurement, stating the
nature and basis of protest. This protest may cover pre-award, award and post-award phases of
procurement, but must be filed no later than thirty (30) days from the date of the City of Ithaca
awarding resolution.
B. Following the receipt of the written protest, the applicable Department Head or designee,
Controller’s Office designee and project manager for the procurement shall meet with the
aggrieved bidder(s) within five (5) days of receipt of protest, and attempt to resolve the problem.
C. If this meeting is unsuccessful in resolving the protest, the matter shall be sent to the City Attorney
for resolution.
D. If the matter is still unresolved, the protest will be sent to the applicable City Board, Commission
or Council for decision. The decision of the applicable Board is final.
E. The formal record of the dispute resolution process shall be the minutes of the Board, Committee
or Council meeting.
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CURRENT PURCHASING PROCEDURES
GENERAL
A. With the exception of those purchases made under blanket purchase orders and/or emergency purchases
(designated by Common Council and applicable board) or emergency situations (those requiring immediate
action), only the person designated by the Mayor and the Common council as Purchasing Agent (or
designee) may commit the City for a purchase.
B. The material, equipment, supplies and/or services to be purchased shall be of the quality and in the quantity
required to serve the function in a satisfactory manner, as determined by the requisitioner and the
Controller’s Office (or designee).
1. When purchasing, the City must consider the following factors in determining the vendor to be
selected:
1. Price
2. Quality (durability of goods and equipment)
3. Benefits vs costs
4. Contracting out or in-house work
5. Lease or buy
6. Buying goods that save and /or enhance our environment
7. Buying energy-efficient items
8. Maintenance costs and down time
It is the responsibility of the requisitioner to provide an adequate description of items needed so that the Controller’s
Office (or designee) may be able to prepare the specifications to procure the desired commodity and/or service. The
requisitioner will assist the Controller’s Office (or designee) in the preparation of specifications. Standard supply
lists of commonly used items shall be jointly developed for all categories or groups of supplies by the Controller’s
Office (or designee) and the appropriate requisitioners. These lists shall be used as a basis for requisitioning.
A. It is the responsibility of the Controller’s Office (or designee) to make alternative suggestions to the
requisitioner if, in the judgement of the Controller’s Office (or designee), the specifications would restrict
competition or otherwise preclude the most economical purchase of the required items. In the case of
disagreement as to the content of the specifications, the Common Council, after reviewing all available
data, will make the final decision.
B. When a low bidder proposes an alternative as an “equal” to that specified, it is the responsibility of the
Controller’s Office (or designee) in conjunction with the department head involved to determine whether
the proposed substitution is, in fact, an equal.
C. All bids for the City of Ithaca shall be required to include a Bid Sheet which lists: vendor bidding; subject of
bids; date of bid opening; detail of bid made including item #, quantity, description, net unit price and net
extension price of each item bid, delivery time, and the Waiver of Immunity Clause and Non-Collusive
Bidding Certification. The Bid Sheet, Waiver of Immunity Clause and the Non-Collusive Bidding
Certification must be signed by the bidding vendor to be considered for award.
D. Bid files shall be maintained by the Controller’s Office and shall include bid specifications and drawings,
bid tabulation sheets, bids, award letters, and other appropriate documentation as deemed necessary.
E. In cases of tie bid between two or more responsible bidders furnishing the required security, the officer,
board or agency may award the contract to any of such bidders. The bids can also be rejected and re-
advertised.
PURCHASE REQUISITIONS
Purchase Requisitions are being phased out of the purchasing procurement system. The City has established, and
is continuing to update a computerized purchase order system. This system eliminated the need for a purchase
requisition form for all purchases. A requisition can still be used if so desired.
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PURCHASE ORDERS – CURRENT
The primary usage of the Purchase Order (P.O.) is to reserve budget funds for the requested purchase. The P.O.
is also one method used by the City to document and pay for the purchase of a commodity, good, or equipment.
The Purchase Order form serves as the primary record indicating that materials and or services were received and
that payment for such purchases can be made. The P.O. is to be jointly used with the voucher.
HOW TO USE THE PURCHASE ORDER
In all purchases over $2,500, the purchase order must be created in order to reserve the funds for that purchase
within the department’s budget. Then the voucher form, a separate procedure, is sent to the vendor for
acknowledgment of the purchased goods. After the purchase is received, a voucher form signed by the vendor and
Department Head is submitted to the Accounts Payable Coordinator for payment.
Purchase orders will be entered into the computerized system by the on-line departments or appropriate
City personnel. These purchase orders, depending on dollar value, must comply with previously stated
authorized limits and controls. The purchase order system has been designed not to allow purchase orders
written without available funds in the applicable account.
Purchase orders will be printed off the computerized system and will be approved for purchase as follows:
Dollar Value Process
$1 – 250 No purchase order needed
$250 – 500 Purchase order obtained and approved by Controller’s Office (or
designee) or Accounts Payable Coordinator or designee. Purchase
order approved for appropriate purchase, dollar value, and funds
available in account.
$501 and greater Purchase order obtained and approved by Controller’s Office (or
designee). Purchase order approved for appropriate purchase,
dollar value and funds available in account.
The purchase order is a three-part form, which is routed as follows:
White (original) copy is sent directly to the vendor by the Controller’s Office.
Yellow copy is forwarded to the appropriate department making the purchase.
Pink copy is retained by the Finance Department/Controller’s Office.
Cancellations: If for some reason an order is cancelled the yellow copy and copies of any
correspondence should be returned to the Finance Department. This procedure should also be done for
partial cancellations.
Blanket Orders: A blanket purchase order is a purchase order made out to one particular vendor for a
specific dollar amount, to be used on an as-needed basis when there is no provision to maintain an
inventory. Blanket purchase orders eliminate the need to issue separate purchase orders for items
purchased frequently from the same vendor. The amount a blanket purchase order is made out for and
the length of time it will remain in effect will be determined by the respective department head in conjunction
with the City Controller.
Departments must keep a record of their purchases made against the blanket purchase order to ensure
that they do not exceed the amount allowed on the purchase order. Any over-expenditure, depending on
the circumstances, may not be approved by the Department Head for payment. If it is determined that a
blanket purchase order may not be sufficient to cover all purchases to be made in the designated time
period, the department should notify the City Controller immediately.
When orders are delivered or picked up the receipts, delivery slips or other documents transmitted by the
vendor will be signed by the individual receiving the order. The blanket purchase order number will be
placed on the documents which will be kept on file within requesting department.
If a blanket purchase order dollar amount is exceeded, a new blanket purchase order should be generated.
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PROCUREMENT DELIVERY/PAYMENT PROCESS (Bid/Non-Bid Purchases)
After the award of a contract and/or the selection of a vendor:
A Contract, if applicable, is to be developed by the appropriate department and executed in accordance with the
contract approval process.
The Requisitioning Department will inspect and accept the delivery, unless the nature or complexity of the purchase
requires the inspection by the City Controller’s Office (or designee).
Any errors or damages in the delivery will be reported to the vendor by the requisitioning department. Consistent or
unresolved problems are to be brought to the attention of the Controller’s Office (or designee) where the matter will
be addressed and resolved.
VOUCHER PROCEDURE
Every purchase, either a purchase of commodities, professional services or public works requires a voucher to be
attached to all purchasing documents (i.e. P.O.) in order to confirm payment. The voucher document essentially
provides two purposes. The first is to serve as a cover sheet for all documents involved in a single purchase. The
second purpose is to provide a form for processing claims for payment. When properly filling out a voucher, it will
provide a brief summary of every component of the purchase.
All invoices and signed vouchers will be sent to the requisitioning department by the vendor. The requisitioning
department, if applicable, will be sure the service-provided certification has been signed by the vendor, and properly
complete the voucher, including: department; Purchase Order number, if any; claimant’s name and address; fund
appropriation; description of services, and amounts. The voucher and applicable invoice will then be signed by the
requisitioning department head(s), and sent to the Accounts Payable Coordinator for audit and payment.
The Accounts Payable Coordinator will develop the audit abstract based upon vouchers and invoices received prior
to the audit. The vouchers and invoices must be properly completed, signed and have appropriate documentation
to be included in the audit. The vouchers and invoices must be received by the Accounts Payable Coordinator one
week prior to the audit dates.
Vouchers and invoices that miss the audit abstract will be held over to the next available audit date. Emergency
payments will be limited and only approved by the Controller’s Office. A manual check will be written if necessary.
Once the audit abstract is developed, it is then forwarded to the Controller’s Office for audit approval. After the
signed audit approval, the abstract is sent back to the Accounts Payable Coordinator for payment. Checks will be
cut and mailed by the Friday following the audit.
Audits are performed as follows: DPW, Water and Sewer and Joint Activity every two weeks; Fire Department every
two weeks; and Common Council, which includes all other departments, every two weeks. Holidays may change
audit schedule slightly. A “clean-up” audit shall occur at the end of every fiscal year. A copy of the audit abstract is
sent to the appropriate Boards and Council for their review. Audit questions should be brought to the attention of
the Controller’s Office.
CONTRACTS
Contracts shall be required to have proper signatures per the City’s Contract Approval Process. It is the responsibility
of the procuring department to circulate contracts on a timely basis to be sure all required signatures are received.
Contracts must have all applicable signatures prior to commencement of the work or service. Contract payments
will be held by the City, if the applicable signatures and/or contract information is not in the contract. The contract
must be properly executed.
If amendments to contracts are needed, additional work can not begin until all required signatures or initials are
present on the contract.
CONTRACT PROCEDURE:
Why is a Contract Necessary?
If your purchase is either labor intensive, or is a very complex purchase of equipment or another good, then you
should make sure to use a contract during your purchasing process. The purpose of a contract is to ensure that
both parties in the transaction agree to negotiated terms and that such document is legally abiding and approved by
the City Attorney.
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Developing a Contract
The following rules and guidelines should be kept in mind while developing the contract for your purchase.
a. Standard contract templates can be obtained from the Attorney’s office and are also available on the
“Q” drive within the City Attorney’s folder of the City’s Computer Network.
b. Contracts shall be required to have the proper signatures according to the City’s Contract Tracking
Procedures prior to the provision of product, work, or service.
c. It is the responsibility of the Primary Contract Monitor to circulate contracts on a timely basis to be
sure that all required signatures are received. See the external policy titled “Contract Tracking” for
clarification on the Primary Contract Monitor. The contract tracking policy is a separate policy from
the purchasing manual, but it is to be used in conjunction with the purchasing policy. See appendix.
d. Contract payments will be held by the City, if the applicable signatures and/or contract information is
not in the contract.
e. If amendments to contracts are needed, additional work cannot begin until all required signatures or
initials are present on the contract.
Developed contract is then sent to the Attorney’s Office for review and approval. Allow up to four (4) weeks for the
Attorney’s Office approval.
Appropriate Board and/or Council resolution to execute contract should be made, if applicable.
Once approved by Attorney’s Office and appropriate Board or Council where necessary, the contract is then sent to
vendor for signature. Other appropriate signatures will then be needed as per the Contract Approval Policy.
Three copies of contracts should be made and all have original signatures. One copy to Clerk’s Office for official
filing, one copy to vendor, and one copy to remain in Department.
City contracts should have the following information included in them as a minimum:
1. Date of contract;
2. Parties of contract, including names, addresses and social security numbers, where applicable;
3. Detailed schedule of services to be provided by the contractor;
4. Payment amount in a “not-to-exceed” format. No open-ended payment contracts will be
approved.
5. Insurance documentation, including workers’ compensation and disability coverage. Certificate
of insurance if required.
6. Relationship of contractor to City (fringe benefit clause);
7. Termination of contract language;
8. Hold harmless wording;
9. Anti-discrimination wording;
10. Applicable signatures by City and contractor.
Standard contracts can be obtained from the Controller’s Office and Engineer’s Office.
Other Contract Information for Larger Public Work Contracts:
1. Table of Contents
2. Bid Advertisement
3. Instructions for Bidders
4. Defined terms
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5. Copies of Bidding Documents
6. Qualifications of Bidders
7. Examination of Contract Document and site
8. Interpretations and addenda
9. Bid Security requirements (normally 5% of bid – certified check or bond)
10. Contract time/schedule
11. Liquidated damages provisions
12. Substitute or “Or Equal” items wording
13. Subcontractors, suppliers and others (identity of subcontractors)
14. Bid form (either standard City bid sheet or other)
15. Submission of bid (time, place and how to submit)
16. Modification and withdrawal of bids
17. Opening of bids
18. Bid period to remain subject to acceptance (normally 45 days after bid opening)
19. Award of Contract
20. Contract security (Performance Bonds)
21. Signing of agreement wording
22. Sales and Use Taxes (Exemption #69-0210822)
23. Retainage provisions
24. Equal opportunity clause
25. Non-collusive certification and Waiver of Immunity Clause
26. Iran Divestment Act Certification, and Bidders Qualification Statement
27. Prevailing Wage Rates (Controller’s Office to order wage rates from NYS Labor Department)
28. Estimated quantities clause
29. EJCDC standard form of agreement
30. Certificate of Insurance minimum limits (see attached sample)
31. General/Technical specifications with drawings if applicable
32. Other supplemental conditions as needed
CONTRACT APPROVAL POLICY
On October 14, 1989, Common Council approved the following resolution relating to Contract Approval:
RESOLVED, That the City Policy for approval and execution of City Contracts be established as follows:
A. Contracts for amounts less than $500., when prepared on a boiler plate form contract developed by the
City Attorney, shall require approval of signature of both the Department Head giving rise thereto, and of
the City Controller for availability of funds. Any deviation from the approved form would require further
review and approval by the City Attorney.
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B. Contracts of $500. or more but less than $2,000., shall require all the approvals disclosed in A. above, plus
the approval of the City Attorney in all instances.
C. Contracts in the amount of $2,000. or more shall require all approvals presented heretofore in clauses A
and B above, plus the approval of the Mayor and the Chairperson of the City Administration Committee.
D. All contracts approved by the process presented herein shall as a matter of practice be published on a
monthly basis by the City Controller. The detailed listing shall include date of the Contract, the Amount,
the Vendor, the City Department affected, and a brief description of the purpose of said Contract.
This policy shall be effective April 4, 2018, and will be reviewed annually by the Controller’s Office for possible changes and
amendments. All changes and/or amendments to the purchasing policy must be approved by Common Council.
J:\DRedsicker\AGENDAS\City Admin Committee\2018\3-21 - Agenda.docx 3/21/18
4. City Administration, Human Resources and Policy
.7 Finance - Approval of Grant Modification
WHEREAS, the City is closing out two older New York State (NYS) Grants, including the
Waterfront Trail Project and the Skate Park, and
WHEREAS, one of the grant closeout requirements is that the Mayor sign a grant modification
agreement to modify the period of the grant for the Waterfront Trail to December 31, 2005, and
WHEREAS, City staff are unable to locate such an approval by the Mayor previously; now,
therefore be it
RESOLVED, That Common Council hereby authorizes the Mayor to sign the required NYS
Modification Agreement form for the Waterfront Trail Project, and be it further
RESOLVED, That the Mayor is hereby authorized to sign any needed grant amendment forms
for the Skate Board Park Project.