Andrew M.

Cuomo
Governor

BOARD OF DIRECTORS

Charlene M. Indelicato
President/Chief Executive Officer
Susan G. Rosenthal
Vice President/General Counsel

James S. Rubin, Chairperson

Fay Fryer Christian
Dr. Katherine Teets Grimm
David Kraut
Mary Beth Labate
Howard Polivy
Michael Shinozaki
Margaret Smith

Agenda Item V, 3. January 28, 2016

PROPOSED RESOLUTION
AUTHORIZATION TO AMEND THE LICENSE AGREEMENT WITH
THE ROOSEVELT ISLAND GARDEN CLUB, LTD (RIGC)
______________________________________________________________________________
Section 1.

that RIOC is hereby authorized to amend the License Agreement with the
Roosevelt Island Garden Club, LTD (RIGC), upon such terms and conditions
substantially similar to those outlined in the Memorandum from Erica Spencer-El
to Charlene M. Indelicato/Board of Directors dated November 16, 2015, attached
hereto;

Section 2.

that the President/Chief Executive Officer or her designee is hereby authorized to

take such actions and execute such instruments as she deems necessary to
effectuate the foregoing; and

Section 3.

that this resolution shall take effect immediately.

Andrew M. Cuomo
Governor
Charlene M. Indelicato
President/Chief Executive Officer
Frances A. Walton
Vice President/Chief Financial Officer
Susan G. Rosenthal
Vice President/General Counsel

BOARD OF DIRECTORS
James S. Rubin, Chairperson
Fay Fryer Christian
Dr. Katherine Teets Grimm
David Kraut
Mary Beth Labate
Howard Polivy
Michael Shinozaki
Margaret Smith

MEMORANDUM
To:
From:
Re:
Date:

Charlene M. Indelicato/Board of Directors

Erica Spencer-El
Roosevelt Island Garden Club Agreement Extension
November 16, 2015

Background
In March 2015, RIOC extended the following agreements with the Roosevelt Island Garden
Club (RIGC):
1. Permit for Limited Activities on Roosevelt Island License
2. Waiver of Liability and Indemnity Agreement
3. Revocable License Agreement
4. Waste Removal Letter Agreement
These agreements will expire December 31, 2015.
To that end, RIOC wishes to extend the Agreements with RIGC for one (1) additional year. In
addition to the agreements that are already in place, the RIGC agreed to: 1) design, install, and
maintain a garden property that includes plants and fixtures such as benches, fences, planters, and
tables; 2) open the garden facility to the public as well as community residents; 3) keep the property
in a safe and ordinary condition in accordance to all regulations, orders, terms, and conditions, as
set by RIOC; 4) keep the garden open for a minimum of twenty hours per week during the specified
time periods; 5) reserve the garden space for gardening-related activities; 6) regularly dispose of
any garbage generated on the premises; and 7) maintain insurance as required by RIOC, among
other things.
RIOCs extension of these terms until the end of 2016, will allow RIGC to continue its
operations at Octagon Park and sustain the continuity of the garden space.
Procurement Process
Upon due consideration, such an extension with RIGC is in accordance with RIOC Procurement
Guidelines because the organization could be considered a Single Source entity. RIOC
Procurement Guidelines allow for Single Source exemptions where:
Services are available from two or more vendors, but a particular vendor is preferable
because of specific factors such as, without limitation, past experience with a particular
issue; familiarity with RIOCs operations; experience with similar projects of RIOC,
other agencies or at other levels of government; demonstrated expertise; or capacity and
willingness to respond to the situation.

Recommendation
RIOC would like to extend the abovementioned Agreements with the RIGC, to December 31,
2016, is in accordance with RIOC Procurement Guidelines. We, therefore, recommend that the
extension of the Agreements between RIOC and RIGC be approved by the Board.