[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]
A.
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.
B.
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.
C.
CONSTRUCTION CONTRACT
PARTICIPATION or PARTICIPATE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
[Amended 10-3-1988]
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]
A.
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.
B.
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.
C.
Requirements.
(1)
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.
(2)
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.
(3)
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.
D.
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.
A.
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.
B.
CASUAL EMPLOYEE
CITY
CONTRACTOR
COVERED EMPLOYEE
COVERED EMPLOYER
PERSON
SEASONAL EMPLOYEE
SERVICE CONTRACT
Definitions. The following definitions shall apply
throughout this section:
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.
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.
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.
An employee hired temporarily for a period not to exceed
90 days at any given time within a six-month period.
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.
C.
Living wage.
[Amended 5-6-2019 by Ord.
No. 9.41.19]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
D.
Employer responsibility, compliance and sanctions.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
A copy of this section or summary thereof shall be
posted prominently by covered employers in a location accessible to
all covered employees.
E.
Exemptions.
(1)
Service contracts in existence prior to the effective
date of this section shall be exempt from this section.
(2)
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.
(3)
This section shall not apply to covered employees
compensated in accordance with the terms of a collective bargaining
agreement.
F.
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]
G.
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.
