[Code 1964, § 10-1]
Any contractors desiring to bid on any construction, alteration
and/or repairs to any City-owned building or other property or any
building or other property being constructed, altered and/or repaired,
contracted with the City or one of its agencies, departments or affiliates,
must as a condition for a successful bid show proof to the proper
agency of the City that all of the following are met:
(1)
The employees of the contractor are covered by an approved health
and hospital insurance plan and approved pension plan and other prevailing
benefits as defined in Section 220 of the Labor Law. A contractor
may comply of this requirement by providing equivalent monetary compensation
for these benefits as established by the State Department of Labor.
(2)
Where the contract is for an amount of $5,000 or more or the contractor
has four or more employees, the contractor must also provide an apprentice
training program pursuant to the standard approved by the state apprentice
program, whenever the approved apprentice training program has been
determined to be a prevailing practice in the locality.
(3)
The contractor must maintain the benefits throughout the entire period
of construction, alteration and/or repairs.
(4)
The contractor will not employ any subcontractor unless the subcontractor
similarly shows proof and similarly maintains all of the benefits
cited in this section.
[Res. No. 4 of 12-15-1993, §§ 1—7; Res. No. 2 of 6-7-1995;
amended 5-6-2015 by Res. No. 16]
(a)
Every purchase to be made must be initially reviewed to determine
whether it is a purchase contract or a public works contract. Once
that determination is made, a good-faith effort will be made to determine
whether it is known or can reasonably be 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 § 103 of the
General Municipal Law: purchase contracts under $20,000 and public
works contracts under $35,000; emergency purchases; certain municipal
hospital purchases; goods purchased from agencies for the blind or
severely handicapped; goods purchased from correctional institutions;
purchases under state and county contracts; and surplus and secondhand
purchases from another governmental entity. The decision that a purchase
is not subject to competitive bidding will be documented in writing
by the purchasing agent. This documentation may include written or
verbal quotes from vendors, a memo from the purchasing agent indicating
how the decision was arrived at, a copy of the contract indicating
the source which makes the item or service exempt, a memo from the
purchasing agent detailing the circumstances which led to an emergency
purchase, or any other written documentation that is appropriate.
(b)
All goods and services will be secured by use of written requests
for proposals, written quotations, verbal quotations or any other
method that assures that goods will be purchased at the lowest price
and that favoritism will be avoided, except in the following circumstances:
purchase contracts over $20,000 and public works contracts over $35,000;
goods purchased from agencies for the blind or severely handicapped
pursuant to § 175-b of the State Finance Law;[1] goods purchased from correctional institutions pursuant to § 186 of the Correction Law; purchases under state contracts pursuant to § 104 of the General Municipal Law; purchases under county contracts pursuant to § 103(3) of the General Municipal Law; purchases pursuant to Subsection (f) of this section; or where other exceptions are provided by law.
[1]
Editor's Note: Section 175-b of the State Finance Law was
repealed by the Laws of 1995, Chapter 83, § 33. See § 162
of the State Finance Law.
(c)
The following method of purchase will be used when required by this
policy in order to achieve the highest savings:
|
Estimated Amount of Purchase Contract
|
Method
| |
|---|---|---|
|
$500-$4,999
|
2 verbal quotes
| |
|
$5,000-$19,999
|
3 written/fax quotes or written RFPs
|
|
Estimated Amount of Public Works Contract
|
Method
| |
|---|---|---|
|
$500-$2,999
|
2 verbal quotes
| |
|
$3,000-$9,999
|
2 written/fax quotes
| |
|
$10,000-$34,999
|
3 written/fax quotes or written RFPs
|
|
A good-faith effort shall be made to obtain the required number
of proposals or quotations. If the purchaser is unable to obtain the
required number of proposals or quotations, the purchaser will document
the attempt made at obtaining the proposals. In no event shall the
failure to obtain the proposals be a bar to the procurement.
|
(d)
Documentation is required of each action taken in connection with
each procurement.
(e)
Documentation and an explanation is required whenever a contract
is awarded to other than the lowest responsible offeror. This documentation
will include an explanation of how the award will achieve savings
or how the lowest offeror was not responsible. A determination that
the lowest offeror is not responsible shall be made by the purchaser
and may not be challenged under any circumstances.
(f)
Pursuant to § 104-b(2)(g) of the General Municipal Law,
the procurement policy may contain circumstances when, or types of
procurements for which, in the sole discretion of the governing body,
the solicitation of alternative proposals or quotations will not be
in the best interest of the municipality. In the following circumstances
it may not be in the best interests of the City to solicit quotations
or document the basis for not accepting the lowest bid:
(1)
Professional services or services requiring special or technical
skill, training or expertise. The individual or company must be chosen
based on accountability, reliability, responsibility, skill, education
and training, judgment, 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 determining whether a service fits into this category the individual
or body making the purchase shall take into consideration the following
guidelines: (i) whether the services are subject to state licensing
or testing requirements; (ii) whether substantial formal education
or training is a necessary prerequisite to the performance of the
services; and (iii) 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; 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 prepackaged software.
(2)
Emergency purchases pursuant to § 103(4) of the General
Municipal Law. Due to the nature of this exception, these goods or
services must be purchased immediately and a delay in order to seek
alternate proposals may threaten the life, health, safety, property
or welfare of the residents or City. This section does not preclude
alternate proposals if time permits. Emergency purchases will be made
at the discretion of the appropriate department head with documentation
as to the nature of the emergency.
(3)
Purchases of surplus and secondhand goods from any source or
goods purchased at auction. If alternate proposals are required, the
City would be precluded from purchasing surplus and secondhand goods
at auctions or through specific advertised sources where the best
prices are usually obtained. It is also difficult to try to compare
prices of used goods and a lower price may indicate an older product.
(4)
Goods or services under $500. The time and documentation required
to purchase through this policy may be more costly than the item itself
and would therefore not be in the best interests of the taxpayer.
In addition, it is not likely that such de minimis contractors would
be awarded based on favoritism.
(5)
Service contracts entered into through the New York State Office
of General Services. In these instances, the state has already investigated
and secured the lowest possible price for the municipality.
(g)
Purchase of service contracts may be awarded without competitive bid where it has been determined to be impracticable to do so pursuant to § 6.063, Subdivision (d) of the Utica City Charter. The super majorities required to waive the necessity of competitive bidding protect against abuse of this provision.
(h)
Unintentional failure to fully comply with the provisions of § 104-b
of the General Municipal Law or the governing board's policies and
procedures shall not be grounds to void action taken or give rise
to a cause of action against the City or any officer or employee thereof.
(i)
This policy shall go into effect immediately.
[Res. 1 of 2-18-1998]
Any resident of the City who has received an exemption pursuant to the Real Property Tax Law, § 467, related to a principal residence located within the City shall have an extension to pay City taxes, without interest or penalties, of five business days after the date such taxes would otherwise be due pursuant to Section 8.003 of the City Charter. If such taxes are not paid by the final date provided above, those taxes shall be subject to the same interest and penalties that would have applied if no extension had been granted.
[Res. No. 2 of 5-12-2003]
(a)
Pursuant to Section 85 of the General Municipal Law of the state,
the Common Council hereby imposes a charge of $20 to be added to any
account owing to the City, or any department or agency thereof, where
a tendered payment of such account was by check or other written order
which was returned for insufficient funds.
(b)
Whenever the account owing is for a tax, special ad valorem levy
or special assessment, the charge authorized by the preceding subdivision
shall be included in whatever list of delinquent accounts is prepared
for the enforcement of the lien.
(c)
Such service charge shall be collected in the same manner prescribed
by law for the collection of the account for which the check was tendered.
In addition, the Comptroller may require that future payments from
the individual shall be tendered in cash or by certified or cashier's
check.
