MEMORANDUM OF UNDERSTANDING

between the CITY OF ITHACA

and the DOWNTOWN ITHACA ALLIANCE

THIS MEMORANDUM OF UNDERSTANDING (MOU) is made by and between THE CITY OF ITHACA (the City), and the DOWNTOWN ITHACA ALLIANCE (DIA).

PRELIMINARY STATEMENT

This MOU is intended to define base level services for the ongoing maintenance and operations of the Ithaca Commons, subject to the remainder of this Preliminary Statement and subject to the terms set out at the end of this MOU under MOU Term and Limitations.

The Downtown Ithaca Alliance (formerly known as the Downtown Ithaca Business Improvement District) was created in 1997 to provide supplemental services to 22 blocks of downtown bounded by Clinton Street, Albany Street, a line between Buffalo and Court Streets, and Schuyler Place/Gateway/South Aurora Street. (See attached BID map). This area includes the three block Commons pedestrian mall.

Business improvement districts (BIDs) exist to provide supplemental services over and above those normally and customarily provided to city residents and business districts- typically known as base services. State law requires that BIDs and municipalities clearly delineate base services as those provided by the municipality prior to the establishment of the district. N.Y. Gen. Mun. Law 980-j(a). The services/activities performed by the City listed below greatly exceed the base services provided by the City prior to the DIAs formation in 1997, and indeed greatly exceed the level of services/activities provided by the City in most other areas of the City today. However, due to the Citys unwavering commitment to a vibrant and thriving downtown, the City has expanded the services/activities provided by the City to the Commons, and agrees, on a non-binding basis, to categorize these updated services/activities as base services for purposes of this non-binding MOU.

ONGOING MAINTENANCE AND OPERATIONS

The City and the DIA agree to attend joint meetings each year starting no later than March 1st, in order to begin planning for maintenance and operations of the Ithaca Commons for the upcoming season. The DIA and the City further agree to develop an agreed upon work plan that will outline general needs and tasks and outline responsible parties for the ongoing maintenance and operations of the Commons. The work plan is expected to be updated on an annual basis in advance of the City budget and capital improvement schedule in order to provide details for any additional municipal funding requests.

BASE SERVICES

The following services are acknowledged by the City and the DIA as being base services, as that term is defined in the Preliminary Statement to this MOU.

1. Safety, Security, and Public Behavior

The City shall be responsible for providing the following:

Downtown beat 24/7 coverage, including garages, with a goal of having dedicated officers for the 1st and 2nd shifts, and a goal of avoiding pulling the downtown beat officer off of the Commons to go to other areas

The DIA will be responsible for providing the following:

Provide regular input to assigned police officers and to Department leadership on downtown issues and concerns

Provide regular feedback on police visibility

If non-professional security is needed for events,, such as overnight watch security or extra crossing guard assistance, the DIA shall be responsible for providing such assistance

2. Communication

The City shall be responsible for the following:

IPD staff to meet quarterly with DIA representatives to discuss issues and concerns.

maintaining a goal of providing immediate access for DIA staff to downtown beat officers

The DIA will be responsible for the following:

Meet quarterly with City Police representatives to discuss issues and concerns.

Provide timely access for Police staff to DIA personnel

3. Cleaning and General Maintenance

The City shall be responsible for the following:

- The City will provide for weekly mechanized sweeping during spring, summer, and fall months (typically Apr Oct) for the following: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks (north side), the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks (south side).

Provide mechanized sweeping of the Commons surface and Home Dairy Alley/Butterfly Alley on a daily basis between April and October subject to appropriate weather

When undertaking mechanized sweeping during 1st or 2nd shifts, to conduct any needed hand litter clean up during or following mechanized tours. This shall occur on a daily basis during appropriate weather and seasons (typically Apr- Oct) during morning hours.

To provide hand litter pick up on the following blocks during the spring, summer and fall months (typically Apr-Oct) at least twice weekly: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek Walk pedestrian way, and the 100 and 200 East Seneca Street blocks.

To provide hand litter pick up on the Commons (including Home Dairy Alley and Butterfly alley) on a daily basis following City mechanized sweeping for the period April October.

To provide hand litter pick up for the balance of the Downtown district (excluding the Commons) at least once a week for the period April October.

To conduct periodic street sweeping in downtown.

To conduct mechanized and/or hand-held sidewalk power washing as needed on the following blocks: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks.

To assist in training DIA ambassador staff to use power washing equipment, when alternate agreements permit the usage of City equipment.

To provide power washing/cleaning of the Commons (including home Dairy Alley and Butterfly Alley) on an as needed basis, between April and October.

To monitor and repair any loss of paver joint sand due to power washing on a periodic basis as necessary and appropriate, but not less than once each year.

The DIA shall be responsible for the following:

To identify to City Commons crew problem areas requiring more frequent cleaning as needed and appropriate.

Supplemental litter pickup on the ground and in the planters

4. Trash/Recycling

The City shall be responsible for the following:

To deploy and empty trash cans along the following blocks as needed: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks.

To monitor illegal use of trash cans for the dumping of household and/or business garbage and to implement steps to fine abusing parties.

To provide a location for the temporary storing of trash bags from cans and to dispose of trash bags on a timely basis so as to avoid odor and unsightly piles.

To inspect Commons area trash receptacles on a daily basis.

To commit to strive to reduce the number of stand-alone dumpsters and recycling containers in the downtown superblock and contiguous block areas.

To provide a facility for downtown business to utilize a shared trash compactor and shared recycling compactor for as long as the City is able to offer this service.

Should the City opt out of such a service, to first negotiate an arrangement with another private entity to provide shared trash and recycling service.

To provide public right of way space at no cost for shared compactor programs in an effort to minimize cluster and improve the aesthetics of downtown.

Upon the construction of the Harolds Square (or equivalent) project or upon the rebuilding or reconstruction of the Green Garage, the City and DIA shall collaborate on a plan to relocate the existing shared compactors.

5. Snow Removal

The City shall be responsible for the following:

To provide timely snow plowing on key downtown sidewalks (off the Commons) including the following: 100 West State Street, 300 East State Street, 100 North and 100 South Cayuga Street, 100 North and 100 South Cayuga Streets, Northside of Green Street in the 100 West and 100 - 200 East blocks, Southside of Aurora in the 100 North block, the Southside of Seneca in the 100 and 200 North blocks, and along the frontage of the Seneca Garage on East Seneca, North Tioga and North Aurora Streets.

The City Commons crew, supported by other City staff as necessary, shall be responsible for the timely plowing of snow on the Commons, including Home Dairy Alley and Butterfly Alley.

To maintain safe walkways on the Commons.

The piling of snow should be done in a manner that recognizes the Commons as both a pedestrian travel zone and a place of ongoing commerce.

The DIA shall be responsible for the following:

To provide supplemental assistance to City crews in hand snow shoveling on the Commons as needed when city crews are deployed elsewhere in downtown or are not available