The Chief Procurement Officer shall give a surety company bond for the faithful performance of their duties in such forms as the City Solicitor shall approve in a sum not less than $100,000. The bond shall be executed, approved and delivered before they enter upon the duties of their office and within 10 days after their appointment, the City to pay the premium for said bond. Should the Chief Procurement Officer fail to give the required bond, their appointment shall be void and a new appointment shall be made forthwith.
[HISTORY: Adopted by the City Council of the City of Framingham as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-5-2021 by Ord. No. 2021-006 as Art. II, Sec. 6, of the General Ordinances]
The Chief Procurement Officer shall serve a three-year term and shall have the following powers and duties:
A.
The Chief Procurement Officer shall be responsible for the procurement of all supplies, materials, equipment, and contractual services needed by all of the departments, institutions, boards, commissions and other agencies which derive their support wholly or in part from City funds, which are hereinafter referred to as the "using agencies."
(1)
Contractual services.
(a)
"Contractual services" means and includes:
[1]
All public utility services, fuel, towel and cleaning service, and leases for all grounds, buildings, office or other space required by using agencies.
[2]
The procurement, repair, maintenance or operation by other than City employees of equipment, machinery and other personal property.
[3]
The rental with or without attendant personnel of equipment, machinery and other personal property.
(b)
The term shall include contractual services in the construction or repair of public buildings, highways and other public works but shall not include professional, expert consultant or other contractual services which are in their nature unique or not subject to competition. "Contractual services" shall not be construed to mean the hiring of departmental personnel, or medical, legal, technical or other professional services.
(c)
"Contractual services" shall be construed to mean surety bonds, all forms of insurance, and printing (except materials and printing to be used in elections).
(2)
The Mayor may in case of emergency exempt purchases for any using agency from the provisions of this section.
B.
The Chief Procurement Officer shall be responsible for the inspection of all supplies, materials, equipment and contractual services delivered to the City in order to determine conformance with the specifications set forth in the orders or contract and for such purpose may authorize any department or office to act for the Chief Procurement Officer.
C.
The Chief Procurement Officer shall have authority to order or make inventories of the supplies, materials, equipment and furnishings of any and all departments, and any department possessing excess or surplus personal property of any kind shall not sell, exchange, transfer or dispose thereof without first certifying such personal property as surplus to the Chief Procurement Officer, and thereupon the Chief Procurement Officer shall circularize all departments and agencies as to their needs for such surplus property, and if such need is determined the Chief Procurement Officer may order transfer of such property from one department or agency to another.
D.
The Chief Procurement Officer shall have the power to sell by public auction or competitive bid, if possible, exchange or trade any supplies which have become obsolete, overage, unsuitable for use or surplus.
E.
In all cases where the supplies to be purchased are peculiar to the field of education, the School Committee's determination as to the specifications of supplies to be purchased shall be conclusive upon the Purchasing Department.
F.
The Chief Procurement Officer shall prepare and secure, with the cooperation of the various department heads, standard and written specifications for supplies used by the using agencies. It shall be the duty of the Chief Procurement Officer to classify supplies used in the various departments, to adopt as standards the minimum number, qualities, sizes and varieties of supplies consistent with the successful operation of the City government and to prepare and adopt written specifications of all such standard supplies. Except in the case of noncompetitive types and kinds of supplies, all specifications shall be definite and certain and shall permit competition. After its adoption, each standard specification shall, unless revised or rescinded, apply alike in terms and effects to any future purchase order or contract for the supply described in such specifications. The Chief Procurement Officer shall consult with the heads of using agencies to determine their precise requirements and shall endeavor to prescribe those standards which best meet the needs of the majority of those agencies. The Chief Procurement Officer shall have the authority to make use of laboratory and engineering facilities of the City and the technical staffs of all City departments. Once established, the Chief Procurement Officer shall enforce the written specifications adopted pursuant to this subsection.
[Amended 4-30-2024 by Ord. No. 2024-025]
G.
The Chief Procurement Officer shall require that each using agency shall make an inventory, during the month of November in each year, of the personal property under its charge and a copy of such inventory shall be forwarded to the Chief Procurement Officer prior to December 1 of each year. Between the first day of November and the first day of December of each year there shall be forwarded to the Chief Procurement Officer an estimate of the equipment, materials, supplies and contractual services that will be needed by each using agency for the ensuing year. The requirements for preparing estimates shall not prevent any using agency from filing with the Chief Procurement Officer at any time a justifiable requisition for any supplies, materials, equipment or contractual services, the need for which was not foreseen when the detailed estimate was filed.
H.
The Chief Procurement Officer shall control and supervise any and all existing storerooms and warehouses and any which may be hereafter established.
I.
Requisitions for the purchase of supplies or contractual services for any using agency shall be received by the Purchasing Department prior to the issuance of a purchase order or contract for such supplies or contractual services and shall be signed by the department head or their authorized agent. The Chief Procurement Officer shall examine each requisition and shall have the authority, only after consultations with the head of the using agency, to revise it as to quantity, quality, or estimated cost, but revisions as to quality shall be in accordance with the standards and specifications provided pursuant to § 44-2F.
J.
Except in cases of emergency, in which the Chief Procurement Officer shall, within 72 hours, or sooner, if possible, notify the City Accountant of said purchase, the Chief Procurement Officer shall not issue any order for delivery on any contract or any open market order unless and until the City Accountant certifies that there is to the credit of each using agency concerned a sufficient appropriation balance, in excess of all unpaid obligations, to defray the cost of such supplies, materials, equipment or contractual services.
K.
The head of each department shall file with the Purchasing Department the name or names of members of their department who shall be authorized to approve requisitions.
L.
All purchases, acquisitions and dispositions of goods, services, and real property by the City of Framingham shall be made in accordance with the provisions of the Uniform Procurement Act as set out in MGL c. 30B as it may be amended from time to time.
M.
Any purchase order or contract made on behalf of the City under this section or otherwise in which the Chief Procurement Officer or any employees of the Purchasing Department, the heads of using agencies, or any other officer or employee of the City having a part in the placing of such order or contract is financially interested, directly or indirectly, shall be void.
The Chief Procurement Officer shall submit annually, within 30 days of the close of the year, a report on the activities of the Purchasing Department and may suggest from time to time changes in the provisions of this article which they deem necessary.
Except as provided by law, all records of the Purchasing Department shall be public records open freely to public inspection and shall be kept on file in the office of the Chief Procurement Officer for a period of at least six years.
This article supersedes and nullifies the provisions of any ordinance relative to purchases by departments, boards, and commissions and shall apply to all purchases and contracts only insofar as it does not conflict with any prevailing state or federal statutes applicable to the City of Framingham.
[Adopted 6-1-2021 by Ord. No. 2021-066-001]
As used in this article, the following terms shall have the meanings indicated:
The City of Framingham.
Any person for whom the principal place of residence is within the City of Framingham during the entirety of time the person works on a public construction project. Proof of such residence may include, but is not limited to, the following: a valid Massachusetts driver's license or Massachusetts identification card, utility bills, proof of voter registration, or such other proof acceptable to the City.
Any issuance of tax relief provided under a tax increment financing agreement, a housing development exemption agreement or any other provision of law or regulation authorizing the issuance of tax relief, or any form of taxpayer-funded grant provided under the Community Preservation Act[1] or any other provision of law or regulation authorizing the issuance of taxpayer-funded grants.
Any agreement or other form of document governing the terms and conditions of the issuance of tax relief by the City.
A person who has served in any branch of the United States Armed Forces and was not dishonorably discharged.
It is the policy of Framingham in considering the utilization of tax incentive to support existing businesses and pursue new private investment and the award of public contracts to strive to:
A.
Create permanent, full-time, livable-wage jobs for Framingham residents;
B.
Protect workers from unsafe conditions and contractor exploitations;
C.
Promote economic diversity;
D.
Increase Framingham's commercial and industrial base;
E.
Increase property values and tax revenue;
F.
Eliminate blight and/or redevelop an underutilized property;
G.
Directly or indirectly spur additional, unsubsidized private development in Framingham; and
H.
Benefit the long-term economic development and community goals of Framingham.
All applications for tax relief and all tax relief agreements shall comply with the following:
A.
Any request for tax relief must be submitted to the City prior to the commencement of the project, and the application must:
(1)
Create permanent, full-time livable wage jobs for Framingham residents;
(2)
Certify that its contractors, subcontractors and lessees, if applicable, will ensure nondiscrimination, without regard to race, color, religious creed, national origin, age, sex, gender identity and expression, sexual orientation, genetic information, ancestry, military service, disability, or any other protected characteristic under applicable law in the areas of hiring, promotion, demotion, transfer, recruitment, layoff, termination, rate of compensation, in-service or apprenticeship training programs, and all other terms and conditions of employment as it pertains to the applicant, its contractors, subcontractors and lessees, if applicable;
[Amended 4-30-2024 by Ord. No. 2024-025]
(3)
Improve a blighted open area, decadent area, or a substandard area as defined in MGL c. 121B, § 1;
[Amended 4-30-2024 by Ord. No. 2024-025]
(4)
Demonstrate additional economic benefits to the Framingham community, such as the employment of youth interns or support for local initiatives;
(5)
Meet all local, state and federal permitting, licensing and regulatory requirements;
(6)
Generate an increase in property tax revenue;
(7)
Demonstrate that the tax relief is necessary to either offset the cost of the project, retain and expand its operation in Framingham, or locate its operations in Framingham;
(8)
Provide a project pro forma which demonstrates the financial need for tax increment financing and/or a written statement from the lender or principal funding provider noting the importance and basis therein of tax increment financing to the overall financial package assembled to finance the project;
(9)
Demonstrate evidence of the required financing to complete the proposed project;
(10)
Include a plan to use its best efforts to purchase supplies, materials, and services from suppliers and vendors located in Framingham, including requesting proposals from Framingham suppliers and vendors, giving preference to Framingham suppliers and vendors that are both qualified and competitive; and
(11)
Include a plan to use its best efforts to hire a minimum of 50% of its contractors and subcontractors from qualified local (within 30 miles of the project address) companies, contractors and subcontractors.
B.
Each tax relief agreement shall incorporate the following provisions A through D directly into the agreement:
"A. It shall be a special and material condition of this tax relief agreement that any construction manager, general contractor or other lead or prime contractor, or any entity functioning in any such capacity, and any other contractor or subcontractor of any tier or other person that is engaged to perform the construction work during that term of this agreement on the property that is the subject of this agreement (hereinafter, collectively and individually, the "contractor") shall comply with the following qualifications and conditions: | |
1. The contractor has not been debarred or suspended from performing construction work by any federal, state or local government agency or authority in the past five years; | |
2. The contractor has not been found within the past five years by a court or governmental agency in violations of any law relating to providing workers' compensation insurance coverage, misclassification of employees as independent contractors, payment of employer payroll taxes, employee income tax withholding, earned sick time, wage and hour laws, prompt payment laws, or prevailing wage laws; | |
3. The contractor must maintain appropriate industrial accident insurance sufficient to provide coverage for all the employees on the project in accordance with MGL c. 152 and provide documentary proof of such coverage as part of the application process or prior to commencing any work to the Chief Procurement Officer to be maintained as a public record; | |
4. The contractor must properly classify workers as employees rather than independent contractors and treat them accordingly for purposes of minimum wages and overtime, workers' compensation insurance coverage, unemployment taxes, social security taxes and state and federal income tax withholding (MGL c. 149, § 148B, on employee classification); | |
6. The contractor must be in compliance with the health and hospitalization requirements of the Massachusetts Health Care Reform Law established by Chapter 58 of the Acts of 2006, as amended, and regulations promulgated under that statute by the Commonwealth Health Insurance Connector Authority; | |
7. The contractor shall not discriminate against citizens of states other than Massachusetts in hiring individuals for the project but, as between prospective employees who are residents of Massachusetts, however, shall give preference to residents of the City; | |
8. The applicant shall submit monthly a list to the City of all the expected contractors to work on the project as part of the applicant's request for tax relief, including the name of the primary contact, the contractor's address and either a phone number or email address; | |
9. The applicant and/or the contractor must submit monthly to Chief Procurement Officer certified payrolls for all contractors in certified payroll format provided by the City that includes the employee's full name, address, identifying number, gender and race, and which tabulates hours worked for females, people of color and residents of the City, and a copy of the OSHA 10 card for every employee attached to the first certified payroll it submits on which the employee appears; | |
10. The contractor must make arrangements to ensure that each employee of every contractor and subcontractor of any tier entering or leaving the project individually completes the appropriate entries in a daily sign-in/out log. The sign-in/out log shall include: the location of the project; current date; printed employee name; signed employee name; name of employee's employer; and the time of each entry or exiting. Such sign-in/out logs shall be provided to the City on a weekly basis with the certified payrolls and shall be a public record. | |
B. If any person or entity subject to the foregoing qualifications and conditions fails to comply with any of them with respect to work on the property, the parties agree that such an event materially frustrates the public purpose which this tax relief agreement (and any certification or other form of approval that may have been granted by the state) was intended to advance. In such an event, the tax relief granted by this agreement shall be terminated upon written notice to the property owner, and the property owner shall pay to the City an amount equal to the value of any tax relief required, the City shall petition the appropriate state agency or body for revocation of the certification or approval, and, upon such revocation, the tax relief provided by this agreement shall be terminated and the property owner shall pay to the City an amount equal to the value of the tax relief or grant that was received prior to the termination of this agreement. | |
C. The applicant certifies as part of the application process that any contractor or subcontractor previously determined by the City or by any court or agency to have violated any of the obligations set forth in Paragraph B above for the previous five years shall not be hired to perform work on the project. | |
D. In the event the owner of the property or any other person challenges the termination of the tax relief provided by this agreement and/or the revocation by the state of any certification or approval, the owner shall set aside in an escrow account an amount equal to the full amount of the tax savings that previously would have accrued under this agreement while any such challenge remains pending. The owner of the property shall have a continuing obligation to contribute to the escrow account amounts equal to any additional tax savings that accrue under this agreement while their challenge remains pending. The owner shall promptly provide the City with documentation of their compliance with this obligation. The conditions of the escrow account shall provide that, in the event the owner or such other person is unsuccessful in their challenge, the funds in the account shall be paid to the City. The owner's obligations under this subsection shall be judicially enforceable. It is the intent of the parties that the residents of this municipality are third-party beneficiaries of this agreement, and that it may be enforced in a civil proceeding brought by not fewer than 10 taxable inhabitants." | |
Whenever the City of Framingham is procuring construction services with an estimated construction cost in excess of $250,000 subject to the provisions of MGL c. 149, MGL c. 149A, or MGL c. 30, § 39M, the following shall be incorporated into the procurement documents and made part of the specifications and contract. Any person, company or corporation shall acknowledge, in writing, receipt of said requirements with its bid or proposal.
A.
All bidders or proposers, contractors, and subcontractors and trade contractors, including subcontractors that are not subject to MGL c. 149, § 44F, (the "contractor") under the bidder, shall as a condition for bidding, contracting, or subcontracting verify under oath and in writing at the time of bidding or submittal in response to a request for proposals (RFP) or in any event prior to entering into a contract or subcontract at any tier that they comply with the following conditions for bidding, contracting or subcontracting and, for the duration of the project, shall comply with the following requirements and obligations:
(1)
The contractor shall not have been debarred or suspended from performing construction work by any federal, state or local government agency or authority in the past five years.
(2)
The contractor shall not have been found within the past five years by a court or governmental agency in violation of any law relating to providing workers' compensation insurance coverage, misclassification of employees as independent contractors, payment of employer payroll taxes, employee income tax withholding, earned sick time, wage and hour laws, prompt payment laws, or prevailing wage laws.
(3)
The contractor shall maintain appropriate industrial accident insurance sufficient to provide coverage for all the employees on the project in accordance with MGL c. 152 and provide documentary proof of such coverage included with the contractor's submitted bid to the Chief Procurement Officer to be maintained as a public record.
(4)
The contractor shall properly classify workers as employees rather than independent contractors and treat them accordingly for purposes of prevailing wages and overtime, workers' compensation insurance coverage, unemployment taxes, social security taxes and state and federal income tax withholding (MGL c. 149, § 148B, on employee classification).
(6)
The contractor shall not discriminate against residents of states other than Massachusetts in hiring individuals for the project but, as between prospective employees who are residents of Massachusetts, however, shall give preference to residents of Framingham. The City shall provide the contractor with local instructions on the preferred means to publicize employment opportunities to City residents.
(7)
The contractor must make arrangements to ensure that each employee of every contractor and subcontractor of any tier entering or leaving the project individually completes the appropriate entries in a daily sign-in/out log. The sign-in/out log shall include: the location of the project; current date; printed employee name; signed employee name; name of employee's employer; and the time of each entry or exiting. The log shall contain a prominent notice that employees are entitled under state law to receive the prevailing wage rate for their work on the project. Such sign-in/out logs shall be provided to the City on a weekly basis with the certified payrolls and shall be a public record.
(8)
The contractor, prior to bidding or, if not subject to bidding requirements, prior to performing any work on the project, shall sign under oath and provide to the City a certification that it is not debarred or otherwise prevented from bidding for or performing work on a public project in the Commonwealth of Massachusetts or in the City.
(9)
The contractor must be in compliance with the health and hospitalization requirements of the Massachusetts Health Care Reform Law established by Chapter 58 of the Acts of 2006, as amended, and regulations promulgated under that statute by the Commonwealth Health Insurance Connector Authority.
(10)
The contractor must submit weekly to the Chief Procurement Officer certified payrolls for all employees. A certified payroll format will be provided by the City that includes the employee's full name, address, identifying number, gender and race, and which tabulates hours worked for females, people of color and residents of the City. Each contractor shall provide a copy of the OSHA 10 card for every employee attached to the first certified payroll it submits on which the employee appears.
B.
A proposal or bid submitted by any general bidder or by any trade contractor or subcontractor under the general bidder or proposer that does not comply with any of the foregoing conditions for bidding shall be rejected, and no subcontract for work outside the scope of MGL c. 149, § 44F, shall be awarded to a subcontractor of any tier that does not comply with the forgoing conditions.
C.
All bidders or proposers and all trade contractors and subcontractors under the bidder or proposer who are awarded or who otherwise obtain contracts on projects subject to MGL c. 149, § 44A(2), MGL c. 149A, or MGL c. 30, § 39M, shall comply with each of the obligations set forth in Subsection A above for the entire duration of their work on the project. An officer of each contractor or subcontractor shall certify under oath and in writing in connection with each requisition or request for payment that it is in compliance with such obligations.
D.
Any proposer, bidder, trade contractor or subcontractor under the bidder or proposer that fails to comply with any one of the obligations set forth in Subsection A above or any other requirements in bid or contract documents for any period of time shall be, at the sole discretion of the City, subject to one or more of the following sanctions:
(1)
Cessation of work on the project until compliance is obtained.
(2)
Withholding of payment due under any contract or subcontract until compliance is obtained.
(3)
Permanent removal from any further work on the project.
(4)
Liquidated damages payable to the City in the amount of 5% of the dollar value of the contract.
E.
In addition to the sanctions outlined in Subsection D above, a proposer, general bidder or contractor shall be equally liable for the violations of its subcontractor, with the exception of violations arising from work performed pursuant to subcontracts that are subject to MGL c. 149, § 44F. Any contractor or subcontractor that has been determined by the City or by any court or agency to have violated any of the obligations set forth in Subsection A above shall be barred from performing any work on any future projects for six months for a first violation, three years for a second violation and permanently for a third violation.
A.
Membership. The Worker Protection Advisory Committee shall be comprised of seven members, selected as follows: Framingham residents selected by the Council from a list of names nominated from the following organizations: the Framingham Business Association, Metro West Chamber of Commerce, the Central Massachusetts AFL-CIO, the New England Regional Council of Carpenters, the Framingham-Newton Building Traders, and the Metro West Worker Center.
[Amended 4-30-2024 by Ord. No. 2024-025; 10-1-2024 by Order No. 2024-023-002]
B.
Terms of appointment. Members shall be appointed for a term of three years, notwithstanding initial appointments, which shall be staggered into one-, two-, and three-year terms.
C.
Duties. The Committee will meet at least once every month to review complaints and provide advice to the City Council on the implementation and effectiveness of this article.
D.
Officers. The Committee shall elect a Chair, Vice Chair, and Clerk from its membership. The Chair shall preside over all meetings. The Clerk shall receive wage theft complaints from the Attorney General's office, the City Solicitor's office, or any member of the Committee. The Clerk shall coordinate any response to such complaint. In addition, members may offer education, guidance, and referrals to workers affected by wage theft in Framingham.
E.
Reporting requirements. The Committee shall publish an annual report detailing all wage theft or other complaints received and action taken in response to such complaints, including specifically the status or final disposition of each complaint, where available. The report shall also include civil and criminal judgments issued by the state and federal courts, administrative citations, and final administrative orders, including but not limited to debarments, against employers pursuant to MGL c. 149 and MGL c. 151, if known.
F.
Complaints. Any City department upon notification of a wage theft or other complaint shall forward said complaint immediately to the Committee. The Committee shall notify the Chief Procurement Officer, the Board of License Commissioners, the Framingham Council, the Massachusetts Council on the Underground Economy (CUE), and the Attorney General's office of the complaint. If the complaint pertains to work performed at any property subject to any tax relief agreement, including but not limited to TIF agreement or HDIP agreement, the Committee shall also send a copy to the Economic Assistance Coordinating Council (EACC).
[Amended 4-30-2024 by Ord. No. 2024-025]
G.
Communication with Attorney General's office and Secretary of Labor and Workforce Development. On an annual basis, a representative from the Committee will meet separately with the office of the Attorney General and the Secretary of Labor and Workforce Development to discuss complaints involving workers in the City and to better coordinate on issues of wage theft in the City.
The requirements of this article, including any sanctions or limitations imposed, that are applicable to any employer shall also be applicable to, and effective against, any successor employer that has at least one of the same principals or officers as the predecessor employer and is engaged in the same or equivalent trade or activity as the predecessor employer.
The intent of this article is to comply with applicable state and federal law, and to enforce the provisions of this article to the extent permitted by law. If any provision of this article, or the application of such provision to any person or circumstances, shall be enjoined, held to be invalid, or held to be preempted by state or federal law, the remaining provisions of this article, or the application of such provisions to persons or circumstances other than that which is enjoined, held invalid or preempted, shall be not affected thereby and shall remain in force to the fullest extent permitted by law.
The provisions of this article shall become effective on September 1, 2021.