[Adopted 7-18-1983 by L.L. No. 2-1983 as Ch. I, Art. II, Div. 10, of the 1983 Code]
The Board of Contract and Supply shall have an office in the City Hall, which shall be kept open from 9:00 a.m. in the morning until 5:00 p.m. in the afternoon of each day, except Sundays and legal holidays.
[Amended 2-24-2011 by Ord. No. 4.21.11]
The regular meetings of said Board shall be held at its office on the first and third Tuesdays of each month, at such hour as may be fixed by the Board. Special meetings of said Board shall be held at any time upon the call of the Mayor. The minutes of each meeting shall be distributed to each member of the Board to the Common Council, and to each department head within two weeks of each meeting. At the end of the year the minutes shall be indexed and maintained in a separate binder.
The Mayor shall be the President of said Board and shall preside at all meetings. In the absence of the Mayor, a presiding officer shall be selected by the members of the Board from among their number.
A majority of the members of said Board shall constitute a quorum for the transaction of business.
Said Board shall have power to adopt such rules as may not be inconsistent with the several statutes and ordinances in force relative to the government of the City.
[Amended 3-26-2020 by Ord. No. 6.33.20]
When by the terms of any statute or ordinance public notice is required to be given of the reception of bids or the letting of contracts by said Board, for the performance of any work, or for the supply of any materials, for the City, or for any officer, court, board or department thereof, and the manner in which such public notice shall be given is not specified in such statute or ordinance, then the public notice so to be given shall be given by three successive daily publications thereof in each of the official papers of the City, the last of which said publications shall be at least two days prior to the date fixed for the reception of the bids or the letting of contracts described in such notice. Additional publications of any notice above specified may be directed by said Board whenever in its judgment the public interests will be thereby promoted. Publications made in accordance with this section may provide for the submission of bids and offers in an electronic format pursuant to the provisions of § 103 of the New York General Municipal Law.
Said Board may, in its discretion, require as a condition precedent to the reception or consideration of any bid or proposal in respect to which it has power and authority to award a contract thereon, the deposit with it of a certified check upon a state or national bank, drawn to the order of the Comptroller, or of money, in an amount not exceeding 10% of the amount specified in such bid or proposal. Within three days after a decision as to the award of the contract, the deposits so made shall be returned to the bidders making the same, except the deposit made by the bidder whose bid has been accepted; and if said bidder whose bid has been accepted shall refuse or neglect to execute the same within 10 days after due notice that the contract has been awarded, or to give the security, if any, required for the performance thereof, the amount of the deposit made by him shall be forfeited to and retained by the City as liquidated damages for such neglect or refusal; but if said bidder shall execute the contract within the time aforesaid and give the security, if any, required for the performance thereof, the amount of his said deposit shall be returned to him.
Whenever any materials or supplies required in any office, court, board or department shall be called for in writing, such call or requisition therefor shall be accompanied by the certificate of the officer making the same, showing the estimated or probable cost of such materials or supplies and that the moneys appropriated for such office, court, board or department for such current fiscal year are sufficient for the payment of the same after deducting therefrom the aggregate amount of all expenditures, existing contracts or obligations and prior requisitions charged or chargeable to such moneys as aforesaid.
[Added 7-3-2017 by Ord. No. 32.63.17]
Pursuant to New York State Labor Law § 816-b, the City of Albany hereby requires all contractors and subcontractors entering into any construction contracts with the City of Albany to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that have been approved by the New York State Commissioner of Labor. Such contractor must provide proof of such apprenticeship participation before entering into a construction contract with the City of Albany.
All contractors and subcontractors entering into any construction contracts with the City of Albany, as defined in the preceding subsection, shall make every effort to employ apprentices that reside in the City of Albany.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- CONSTRUCTION CONTRACT
- Any contract which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,000.
- PARTICIPATION or PARTICIPATE
- In a New York State-registered apprenticeship program, means that the contractor or subcontractor is a signatory to a collective bargaining agreement with a labor organization which sponsors an apprentice program registered with the New York State Department of Labor; or individually sponsors an apprenticeship program registered by the New York State Department of Labor; is signatory to or otherwise bound by a project labor agreement covering the project which provides for referral of apprentices. In all cases, such apprenticeship program must be specific to the type and scope of work which is being performed and must have a graduation rate of at least 30%, as determined by the New York State Department of Labor.
In cases where security is required to be given for the performance of any contract, either a bond, executed by the contractor and a sufficient surety, or a cash deposit and accompanying indemnity agreement or an irrevocable letter of credit from a banking organization, in the discretion of the Board, shall be given to the City in an amount to be specified by said Board in the public notice of the reception of bids or proposals or of the letting of such contract. The surety shall be a freeholder in this state and shall justify in the amount of the bond, stating in such justification the character and location of the real estate owned by him and the amount of the encumbrances, if any, thereon, and also describing the bonds or undertakings upon which he is surety. The form of such bond shall be prescribed by the Corporation Counsel and shall provide, among other things, for the payment, in case of failure by the contractor to perform the contract, in addition to the damages actually arising therefrom, of liquidated damages in one-tenth (1/10) of the respective amounts in the contract provided to be paid for the whole items of work and materials as to which, or part of which, he shall be in default. Said Board may, however, accept in lieu of the foregoing surety, any fidelity or surety company authorized by law to transact business within this state.
Said Board shall furnish printed blanks for bids or proposals for the performance of any work or for the supply of any materials to any person demanding the same, and all bids or proposals must be made upon such blanks.
[Amended 7-7-2016 by L.L. No. 2-2016]
Purpose. The Council of the City of Albany seeks to exercise the local option set forth in § 103, Subdivision 1, of the New York General Municipal Law, which authorizes the City of Albany to award purchase contracts and contracts for services subject to competitive bidding under General Municipal Law § 103 on the basis of either the lowest responsible bidder or the best value standard, as defined in § 163 of the New York State Finance Law. The best value option may be used if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder or offeror due to factors such as lower cost of maintenance, durability, high quality, and longer product life.
Award based on best value. The Board of Contract and Supply may award purchase contracts and contracts for services that have been procured pursuant to competitive bidding under General Municipal Law § 103 by either the lowest responsible bidder standard or the best value standard as set forth in § 163 of the New York State Finance Law. When awarding contracts under the best value standard, the City must consider the overall combination of quality, price, and other elements of the commodity or service that in total are optimal relative to the needs of the City. The best value standard may identify as a quantitative factor whether offerors are small businesses or certified minority- or women-owned business enterprises as defined in New York Executive Law § 310. The best value standard may only be used for purchase contracts, which includes contracts for service work, but excludes any purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the Labor Law.
Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
The determination of quality and cost efficiency shall be based on objectively quantified and clearly described and documented criteria, which may include, but shall not be limited to, any or all of the following: cost of maintenance; proximity to the end user if distance or response time is a significant term; durability; availability of replacement parts or maintenance contractors; longer product life; product performance criteria; and quality of craftsmanship.
Solicitation documents shall state the minimum requirements and specifications that must be met in order for the bidder to be deemed responsible and shall identify the general procedure and manner in which the evaluation and selection shall be conducted.
Preferences to residents and taxpayers. In the awarding of contracts, said Board shall give, whenever practicable, a preference to bidders who are residents or taxpayers of the City.
Said Board shall disregard all bids or proposals not complying with the terms of the public notice or advertisement inviting the same, and no bids shall be accepted from or contract awarded to any person who is in arrears to the City upon any debt or contract or who is in default as surety or otherwise upon any obligation to the City or who has refused or neglected to execute any contract awarded to him or to give the security, if any, required for the performance thereof within the time fixed therefor.
Whenever any bid or proposal consists of two or more separate and distinct items, said Board may, in its discretion, award a contract upon any one or more of such items, in the same manner and with the same force and effect as though the several separate and distinct items of such bid were each in the form of a separate and distinct bid or proposal.
[Amended 8-21-1995 by L.L. No. 9-1995]
After a contract is awarded, the party or parties to whom such award is made shall sign the same within 10 days from the date of said award, and the work under such contract shall be commenced within the time set forth in the specifications, unless the Board shall, by a two-thirds vote of all the members, enlarge such time; and, if the party or parties to whom said award is made shall fail to so sign, or to so begin the work as above required, or to cause the same to progress to the satisfaction of the Commissioner of General Services, said Commissioner shall report the same to the Corporation Counsel, whose duty it shall then be to notify the contractor and his sureties to proceed with said work, as required, within 10 days from the receipt of said notice; and, if the contractor, or his sureties, shall fail to comply with said notice, the Corporation Counsel and the Commissioner of General Services shall notify, in writing, said Board, which shall thereupon vacate the contract and relet said work to the next lowest bidder or re-advertise for new bids; the party or parties failing, as above, shall be barred, both directly and indirectly from re-bidding for said work, and the Corporation Counsel shall thereupon proceed against the contractor and his sureties and shall recover upon his bond all damages resulting from his failure to perform his contract, together with any liquidated damages therein provided to be paid.
Legislative intent. This section shall be known as the "Albany Living Wage Ordinance." The purpose of this section is to ensure that employees of substantial City contractors earn an hourly wage that is sufficient for a family to live at or above the federal poverty guideline.
Definitions. The following definitions shall apply throughout this section:
- CASUAL EMPLOYEE
- An occasional employee without regular or set hours, or an employee regularly working fewer than 10 hours a week.
- The City of Albany.
- Any person who enters into a service contract with the City, except other governmental units.
- COVERED EMPLOYEE
- A person employed either part-time or full-time by the covered employer who directly expends his or her time on a service contract with the City, for the time said person actually spends on the service contract; provided, however, that persons who are employed in construction work covered pursuant to federal or state prevailing wage laws shall be exempt from this section, as shall participants in job training or youth employment programs, and workers with disabilities, full-time students, messengers, learners, student-learners and apprentices for whom the covered employer has received a certificate to pay special minimum wages pursuant to Section 14 of the Federal Fair Labor Standards Act (FLSA) (29 U.S.C. § 214). "Covered employee" shall not include a casual employee or seasonal employee.
- COVERED EMPLOYER
- Any person who is a contractor directly involved in providing a service to the City pursuant to a service contract as defined herein.
- One or more of the following or their agents, employees, representatives and legal representatives: individuals, corporations, partnership, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trust, unincorporated organizations, trustees in bankruptcy, receivers, fiduciaries and all other entities recognized at law by the City.
- SEASONAL EMPLOYEE
- An employee hired temporarily for a period not to exceed 90 days at any given time within a six-month period.
- SERVICE CONTRACT
- A contract awarded to a contractor by the City primarily for furnishing services to or for the City (excluding the purchase of goods or other property, the leasing of property or the development, redevelopment or rehabilitation of real property) and that involves an expenditure by the City to the contractor of at least $20,000, or the retention by the contractor of fees of at least $30,000, during a period of one year. "Service contract" shall include unit-price contracts that are designated by the City, where, based on experience or expected level of work, the City anticipates an expenditure to the contractor of at least $30,000 during a period of one year. "Service contract" shall not include separate contracts in amounts of less than $30,000 with the same contractor for different services which may involve a total expenditure by the City to the contractor of more than $30,000 during a period of one year. However, contracts may not be segmented to fall under the threshold, and multiple contracts with the same contractor for the same services shall be aggregated to determine the total expenditure for purposes of application of this section. Where an amendatory agreement or additional agreement with the same contractor causes the total expenditure to exceed $30,000 during a period of one year, this section shall apply to the amendatory agreement or additional agreement.
[Amended 5-6-2019 by Ord. No. 9.41.19]
Covered employers shall pay no less than a living wage to their covered employees, which, for covered employees working on a service contract, shall be for the time directly expended on the service contract. The employer shall also provide covered employees with paid federal holidays.
The living wage shall be calculated on an hourly basis as paying on the effective date of this section $10.25 to covered employees if the employer provides at least 70% of the cost of health care benefits and $11.91 for other covered employees. The amount of the living wage shall be increased annually to reflect inflation as captured by the unadjusted consumer price index for all urban consumers (CPI-U), United States city average, as published by the Bureau of Labor statistics of the United States Department of Labor. The first indexing adjustment shall occur July 1, 2006, in proportion to the increase of the United States city average of the CPI-U at the immediately preceding April 30 over the year earlier April 30, and shall be adjusted every July 1 thereafter. The Commissioner of Administrative Services shall determine the amount of annual increases which shall be publicly posted and kept on file within the Office of City Clerk.
This section shall be reviewed and evaluated two years after adoption in order to evaluate the effectiveness of the legislation in terms of its policy goals, and monitoring and enforcement procedures.
Nothing in this section shall require or authorize any covered employer to reduce wages or work hours of any covered employee, and a covered employer shall not reduce wages or work hours as a result of coverage by this section, and this section shall not be construed so as to reduce wages required under any prevailing wage law.
Employer responsibility, compliance and sanctions.
Every proposal or application for a service contract shall include a written commitment by the applicant to pay all covered employees a living wage as defined by this section and shall include a list of job titles and wage levels of all covered employees in each of the years for which the contract or business assistance is sought.
Covered employers shall provide to the City publicly available annual reports of job titles and wage rates of covered employees during the term of the service contract or business assistance. For service contracts or business assistance of less than one year, covered employers and business assistance beneficiaries shall provide such reports at the beginning and end of the contract or business assistance.
A covered employee who believes that his or her employer is not complying with requirements of this section has the right to file a complaint with the City. Complaints by covered employees of alleged violations shall be made within one year of the date of the violation and shall be investigated promptly by the City. Written and oral statements made by a covered employee shall be treated as confidential and shall not be disclosed to the covered employer beneficiary without the consent of the employee. While protection of the employee's confidentiality shall be a priority for the City, this provision shall not prevent the City from informing the covered employer of the name of the covered employee and the basis of the complaint in order to access information necessary to investigate the complaint.
A covered employer may dispute a finding of noncompliance by requesting a hearing with a representative of the City. A covered employer must request such a hearing within 60 days after receiving notice of a finding of noncompliance.
When a covered employer is found to be in violation of any provision in this section, the City shall withhold payment of so much of any amount due on a service contract which is equal to the alleged underpayment to a covered employee, order wage restitution for each affected employee and serve a written notice of violation on the covered employer.
A covered employer shall not discharge, reduce compensation or otherwise discriminate against any employee because that employee made a complaint or otherwise asserted his or her rights under this section, or participated in any of its proceedings. The contracting agency shall investigate allegations of retaliation or discrimination and shall, if found to be true, after notice and hearing, order appropriate relief, including restitution and reinstatement of the discharged employee with back pay to the date of the violation.
The City or any person aggrieved by a violation of this section may bring an action in any court of competent jurisdiction, and in the event that the City or aggrieved person prevails in such action, the court may award damages and reasonable costs and attorney fees, and if said action is brought by an individual for underpayment of wages, the court shall also award said individual an additional amount as liquidated damages equal to 25% of the wages found to be due.
A copy of this section or summary thereof shall be posted prominently by covered employers in a location accessible to all covered employees.
Service contracts in existence prior to the effective date of this section shall be exempt from this section.
Youth employment programs and job training programs shall be exempt from this section as they relate to the pay scale of participating youth workers aged 21 or younger, or to participants in a bona fide job-training program.
This section shall not apply to covered employees compensated in accordance with the terms of a collective bargaining agreement.
Compliance committee. A Living Wage Compliance Committee shall consist of five members who shall be appointed by the Mayor with the advice and consent of the Common Council and who shall serve at the pleasure of the Mayor. Such members may include representatives of organized labor, covered employers, and other groups interested in wages and working conditions. The Chair of the Common Council standing committee having jurisdiction over human resources shall serve as an ex officio member of the Committee. The Living Wage Compliance Committee shall meet at least once quarterly. The Committee shall conduct and submit an annual review of the law and make recommendations for changes if so warranted to the Mayor and Common Council.
[Amended 5-6-2019 by Ord. No. 9.41.19]
Quarterly reports. The Commissioner of Administrative Services on a quarterly basis shall report to the Mayor, Common Council, Chief City Auditor, Treasurer, Living Wage Compliance Committee and Chair of the Commission on Human Rights on the number of service contracts entered into containing a living wage clause and a summary of the terms thereof.
[Added 5-6-2019 by Ord. No. 9.41.19]
Whenever any lands are purchased by the City for any purpose, the Board of Contract and Supply is hereby authorized and empowered to sell the buildings thereon at public auction, the same to be removed, upon such terms and conditions as said Board shall deem to be for the best interest of the City.
[Amended 8-21-1995 by L.L. No. 9-1995]
There shall be a Board of Contract and Supply, composed of the Mayor, Comptroller, Commissioner of General Services, Corporation Counsel and City Engineer. Except as otherwise provided by law, it shall be the duty of such Board, after public notice and in accordance with regulations to be prescribed by general ordinance of the Common Council, to let to the lowest bidder, who will give adequate security therefor, all contracts for the performance of any public work involving an expenditure of more than $20,000, and all purchase contracts for supply of any material required by or for the use of any officer, board, body or department of the City in all cases where the expense of such material shall exceed the sum of $10,000, unless by ordinance of the Common Council adopted by a vote of not less than four-fifths (4/5) of all the members thereof and unanimously approved by the Board of Estimate and Apportionment it is determined that a public emergency exists, in which case said ordinance shall state the circumstances and conditions that created the public emergency, which shall be limited to those arising out of an accident or other unforeseen occurrence or condition affecting public buildings or public property, or the life, health, safety or property of the inhabitants of such City require immediate action which cannot await public bidding, and shall designate the officer, board or department to procure such work or purchase such materials. In case of public emergency involving accident or other injury by which the heating or plumbing of any of the public buildings or any of the fire or waterworks apparatus or any of the machinery used in sewage treatment plants, or for garbage disposal, or any equipment used by the waterworks or Department of General Services shall become disabled, the Commissioner having jurisdiction thereof shall cause repairs thereto to be made without the letting by contract, upon filing with the Board of Contract and Supply a certificate, approved by the Mayor, showing such emergency and the necessity for such repairs. The Board shall have the power to reject all bids or proposals if in its opinion the lowest bid or proposal is excessive. The notice shall describe the work and material for which contracts will be let and the day and hour and place of the meeting of the Board at which proposals therefor will be opened. Specifications for the performance of any work and for the supply of any material shall be prepared and set forth with sufficient details to inform all persons proposing to bid therefor of the nature of the work to be done and of the materials to be supplied, and written or printed copies thereof shall be delivered to all applicants therefor. Every contract for a public improvement shall be based upon an estimate of the whole cost thereof, including all expenses incidental thereto and connected therewith, to be furnished by the proper officer, board or department having charge of such improvements. No bid or proposal shall be received or contract awarded, other than for a local improvement or work to be performed by the City, which involved the construction within, under, over, along or upon any street or public place within the City, unless the person to whom such contract shall be awarded shall have a franchise permitting the same.
Except as herein amended, § 120 of the Second Class Cities Law, as amended by Chapter 1018 of the Laws of 1970, and as authorized by Chapter 579 of the Laws of 1972, amending the General Municipal Law, as amended by Chapter 336 of the Laws of 1973, is hereby ratified and confirmed.