Loading...
HomeMy WebLinkAbout07-27-11 City Administration Committee Meeting AgendaCITY ADMINISTRATION COMMITTEE Wednesday, July 27, 2011 7:00 PM COMMON COUNCIL CHAMBERS AGENDA 1. Chairperson Greeting & Opening Statement 2. Announcements 3. Agenda Review and Amendments 4. Approval of Minutes 5. Statements from the Public 6. Employee Comments 7. Common Council Response 8. Workforce Diversity Committee 9. Safety Committee 10. Diversity Actions Report Police Department – August Clerk’s Office - September Chamberlain’s Office - October 11. Mayor’s 2012 Budget Updates 12. Fire Department 12.1 Amendment to Budget - Fire Alarm Superintendent Position – Resolution 13. Youth Bureau 13.1 Request for Authorization to Apply for a New York State Office of Parks, Recreation and Historic Preservation Grant for the Cass Park Ice Rink Project – Resolution 14. Police Department 14.1 Request to Approve Funds for Boiler Replacement – Resolution 15. Attorney’s Office 15.1 Approval of Easement for Emerson Power Transmission Vent Stack (re: South Hill Remediation Program) - Possible Resolution 16. Common Council 16.1 Suggested City of Ithaca Policy on Sweatshop-Free Procurement of Apparel and Textiles – Ordinance 16.2 Authorization of Membership by the City of Ithaca to the Sweat-free Purchasing Consortium in Furtherance of the City’s Commitment to its Policy on Sweatshop-Free Procurement of Apparel and Textiles - Resolution 17. Human Resources 17.1 Director’s Report J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 CITY ADMINISTRATION COMMITTEE Wednesday, July 27, 2011 Continued 18. Finance/Controller’s Office 18.1 Controller’s Report 19. Reports 19.1 Mayor’s Report 19.2 Sub-Committee Updates 19.3 Council Members’ Announcements 19.4 Next Month’s Meeting: August 31, 2011 J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 12. Fire Department .1 Amendment to Budget - Fire Alarm Superintendent Position WHEREAS, as part of the 2011 Authorized Fire Department budget, the Fire Alarm Superintendent position was funded for three quarters of the year in 2011 because the Gamewell Fire Alarm System that was the primary responsibility of the Superintendent was being discontinued, and WHEREAS, $74,710 was appropriated in the 2011 Fire Department Budget for two recruit Fire Fighters, and WHEREAS, these two recruit Fire Fighters will NOT be hired in 2011 resulting in salary savings for 2011, and WHEREAS, the Department will have continuing work dismantling the Gamewell System, alarm testing and station electrical work, and WHEREAS, the cost of funding the Fire Alarm Superintendent’s position for the remainder of 2011 (3 months) is $14,798; therefore be it RESOLVED, That an amount not to exceed $14,798 be designated from current funds in Account A3410-5110 to fund the Fire Alarm Superintendent position for the remainder of 2011, and be it further RESOLVED, That Common Council hereby amends the 2011 Authorized Personnel Roster for the Fire Department as follows: Fund the position of Fire Alarm Electrician from 10/1/11 – 12/31/11. Memorandum To: City Administration Committee From: J. Thomas Dorman, Deputy Chief Date: 7/21/2011 Re: Extension of Fire Alarm Superintendents’ Position Some explanations of the material contained in the proposed resolution. We have not hired the two Fire Fighter positions that were authorized and funded in the 2011 budget due to a disagreement between the City and the Fire Fighter’s Union concerning payments to the retirement system in which these employees would be enrolled. The parties are currently at impasse and this issue has not been resolved. As we stated during the 2011 budget discussions, we felt that the majority of the work to dismantle the Fire Alarm System would be accomplished in ¾ of a year. That is still the case. The Fire Alarm Boxes will be removed and most components of the system will have been dismantled. However, removal of the wire and other work will still remain. Extending the position through the entire year will allow more, still not all, of the system to be decommissioned. 1 J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 13. Youth Bureau .1 Request for Authorization to Apply for a New York State Office of Parks, Recreation and Historic Preservation Grant for the Cass Park Ice Rink Project WHEREAS, the Ithaca Youth Bureau would like to apply for a grant from the New York State Office of Parks, Recreation and Historic Preservation on behalf of the City, and WHEREAS, the Cass Park Ice Rink opened in 1972 and is now almost 40 years old, and WHEREAS, the 2002, the Thomas report recommended that the City address serious spatial deficiencies at the Cass Park Ice Rink that negatively impact year round programming, and WHEREAS, the grant funds would enable the City to move forward with the next stage of refurbishment of the antiquated Ice Rink facilities at Cass Park; now, therefore, be it RESOLVED, That the Director of the City of Ithaca Youth Bureau, is hereby to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $400,000.00, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the Cass Park Ice Rink Project. J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 14. Police Department .1 Request to Approve Funds for Boiler Replacement WHEREAS, the 1999 Police Department Facility Boiler has recently failed and is in need of replacement prior to the upcoming heating season, and WHEREAS, DPW staff have estimated the new boiler cost at $45,000, and WHEREAS, a portion of the funds can come out of Capital Revenue #24 Energy Program Improvements with the remaining funds to be derived from the Unrestricted Contingency Account, and WHEREAS, the boiler replacement will need to be bid out as it exceeds the public works project bidding threshold of $35,000; now, therefore be it RESOLVED, That Common Council hereby approves the appropriation of funds in an amount not to exceed $45,000 for the purposes of replacing the failed boiler at the Ithaca Police Department Facility, and be it further RESOLVED, That the sources of funds for the boiler replacement shall be derived from the following: Unrestricted Contingency $25,000 Capital Reserve #24 $20,000 $45,000 and be it further RESOLVED, That Common Council hereby directs the City Controller to transfer an amount not to exceed $25,000 from Account A1990 unrestricted Contingency to Account A3120-5225 Police Department Other Equipment for purposes of accounting for a portion of the cost for the boiler replacement at the Police Department. J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 16. Common Council .1 An Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 39 (“Contracts”), and the City of Ithaca Purchasing Policy, So as to Enact a City of Ithaca Policy on Sweatshop-Free Procurement of Apparel and Textiles WHEREAS, the City of Ithaca endorses efforts to improve working conditions and to eliminate illegal and exploitative practices, such as the operation of “sweatshops,” in the garment industry (and elsewhere); and WHEREAS, the City of Ithaca recognizes that the violation of labor or human rights standards in the garment industry, whether in the United States or internationally, is not “responsible,” as that term is intended when applied to the selection of the “lowest responsible bidder” for a contract with the City; and WHEREAS, the State of New York gives local governments the authority to enact local laws, ordinances, regulations and policies not inconsistent with the provisions of the State constitution or any general law, and thereby allows the City of Ithaca to define what constitutes a responsible bidder, and to investigate a bidder’s skill, judgment, and integrity in considering whether a bidder is the lowest responsible bidder; and WHEREAS, the City of Ithaca is a participant in the marketplace and seeks to protect the interests of local residents, workers, and businesses, while respecting international concerns about protecting workers’ labor rights and human rights, by exercising its home rule powers to establish a sweatshop-free procurement policy so as to ensure that textiles and items of apparel (such as uniforms) procured by the City of Ithaca are produced in workplaces free of sweatshop conditions; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE NO. ___ Section 1. Chapter 39 (“Contracts”) of the Municipal Code of the City of Ithaca is hereby amended as follows: (1) Addition of the following as Subsections 39-2(A)(12) and 39-2(A)(13): (12) Noncompliance by any bidder proposing to supply apparel or textiles with any wage and hour, health, labor, environmental, safety, building, or fire laws, rules, codes, regulations or standards of the country of manufacture or assembly, or contained in the ILOCORE International Labor Standards (whichever is stricter). Evidence of such noncompliance may include, but shall not be limited to: (a) citations or other evidence of employment-related violations of laws, rules, codes, regulations or standards; (b) credible information or reports from the Sweatfree Purchasing Consortium or its agency members submitted to the City Controller; (c) credible information from interested third parties submitted to the City Controller; or (d) failure by the bidder or contractor to certify compliance with applicable laws, rules, codes, regulations or standards. (13) Discrimination by any bidder in hiring, promotion or compensation, on the basis of race, disability, national origin, gender, ethnicity, color, age, religion, familial J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 status or sexual orientation. Evidence of such discrimination may include, but shall not be limited to: (a) citations or other evidence of employment-related violations of applicable laws, rules, codes, regulations or standards; (b) credible information or reports from the Sweatfree Purchasing Consortium or its agency members, submitted to the City Controller; (c) credible information from interested third parties submitted to the City Controller; or (d) failure by the bidder or contractor to certify compliance with applicable laws, rules, codes, regulations or standards as required by the City Policy on Sweatshop- Free Procurement of Apparel and Textiles. (2) Renumbering of the former subsection 39-2(A)(12) to 39-2(A)(14), so as to maintain the numerical sequence. (3) Insertion of the following in alphabetical order into Section 39-3: APPAREL OR TEXTILES All articles of clothing, cloth or goods, produced by weaving, knitting, or felting, or any similar goods. SWEATSHOP-FREE Refers to a supplier of apparel or textiles that are manufactured or assembled without violating laws, rules, codes, regulations or standards regarding wages, labor, safety, health, and employment discrimination, that are applicable in the country of manufacture or assembly, or that are contained in the ILOCORE International Labor Standards (whichever is stricter). (4) Insertion of the following [underlined language] into Section 39-3, in Subsection “A” of the definition of “BIDDER, CONTRACTOR AND SUBCONTRACTOR:” A. Any person or business entity submitting a competitive bid for, receiving the award of, or submitted for approval as a subcontractor on a contract by any one of the contracting agencies. A subcontractor on a contract for the purchase of apparel or textiles shall also include any beneficiary of bankruptcy, assignment, transfer, sale of operations, or other successorship intended to evade liability or responsibility for assertions or certifications made in a bid submitted to or contract with the City of Ithaca or a contracting agency. (5) Modification of the definition of “CONTRACT,” in Section 39-3, as follows: CONTRACT Any purchasing, construction, or service contract that is required to be let by competitive bid to the lowest reasonable responsible bidder., not including the individual purchase of employment-related apparel or textiles, e.g. uniforms, by and for individual employees of the City of Ithaca, pursuant to the provisions of a collective bargaining agreement. (6) Insertion of the following as Section 39-4: § 39-4 Administration and Enforcement of Sweatshop Free Purchasing Policy J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 (A) The City of Ithaca and its contracting agencies shall enter into a contract to purchase or obtain for any purpose any apparel or textiles only with a bidder confirmed to be sweatshop-free, except that in the event that the Controller has certified that no confirmed sweatshop-free bidders of apparel or textiles are available and that the acquisition of the apparel or textiles sought is essential or time-sensitive, the contracting agency may select a bidder that is not confirmed to be sweatshop-free. (B) For the purpose of implementing this policy, a bidder may be confirmed to be sweatshop-free by either of the following means: (1) Certification as such by the Sweatfree Purchasing Consortium or other comparable independent monitoring organization as selected by the Common Council; or (2) Self-certification by affidavit of the bidder, provided that such certification is not contradicted by credible information received by the City Controller. (C) The City of Ithaca Controller shall collect and maintain information concerning the City’s apparel and textile contracts that are awarded after the effective date of the enactment of this section, and shall ensure that the following information is available to the public, upon proper request: (1) For each such contract, a statement that such apparel or textiles are manufactured in accordance with the sweatshop-free criteria set forth in this chapter; (2) A list of the names and addresses of each subcontractor to be utilized in the performance of each such contract; (3) For each such contract, a list of each manufacturing operation of the contractor and all subcontractors involved in performance of the contract, and the location, address, and telephone number of each such facility; and (4) For each such contract, a statement signed by the contractor showing that it agrees that it will, at the request of the contracting agency, allow independent monitoring of the contractor’s or any subcontractor’s facilities, to verify compliance with the requirements of this section, and that the contractor shall be responsible for ensuring that its subcontractors comply with the independent monitoring requirements of this subdivision. (D) Upon information and belief that a contractor or subcontractor may be in violation of this section, the City Attorney may take such action as may be appropriate and provided for by law, rule or contract. In circumstances where a contractor or subcontractor fails to perform in accordance with any or all of the requirements of this section, and there is a continued need for the service, a J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 contracting agency may obtain the required service as specified in the original contract, or any part thereof, by issuing a new solicitation of bids. Administrative charges may be assessed against the breaching contractor by the City. The City may, as appropriate, invoke other sanctions as are available under the contract and applicable law. (E) A contractor shall be liable for a civil penalty of not less than $5,000 upon a determination, made through litigation or arbitration, that a contractor or subcontractor has made a false claim under the provisions of this section, to the contracting agency. (F) Every bid solicitation for supplying apparel and textiles to the City shall contain a contain a statement notifying bidders of the provisions and requirements of this section. Every contract for the supply of textiles and apparels shall contain a provision or provisions detailing the requirements of this section. (G) Any investigation conducted under the provisions of this section by the City Attorney shall not extend to work performed more than two years prior to (i) the filing of a complaint pertinent to any provision of this section; or (ii) the commencement of the investigation, whichever is earlier. (H) This section shall not apply to any contract entered into prior to the effective date of this ordinance, except that renewal, amendment or modification of such contract occurring on or after said effective date shall be subject to the conditions specified in this section. (I) This section shall apply except when federal or state law precludes the City of Ithaca from attaching the procurement conditions herein. Section 2. The section entitled “AUTHORIZED LIMITS AND CONTROLS” paragraph 4(F) City of Ithaca Purchasing Policy is hereby amended as follows: F. Award will be made to the lowest responsible bidder. The term “responsible” means: financially responsible; accountable; reliable; sufficient resources; skill; judgement judgment; integrity; responsive; and moral worth. In deliberating the responsibility of a bidder or a subcontractor, all contracting agencies shall give due consideration to any credible evidence or reliable information of the guidelines set forth in Chapter 39 of the City Code. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. J:\DRedsicker\AGENDAS\City Admin Comm\2011\7-27 CA Agenda.doc 7/27/11 16. Common Council .2 Authorization of Membership by the City of Ithaca to the Sweat-free Purchasing Consortium in Furtherance of the City’s Commitment to its Policy on Sweatshop-Free Procurement of Apparel and Textiles WHEREAS, the City of Ithaca supports the enactment of the City of Ithaca Policy on Sweatshop-Free Procurement of Apparel and Textiles, and WHEREAS, the Sweat-free Purchasing Consortium is organized for educational and charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. The Consortium’s purpose is to assist public officials and others who seek to ensure that taxpayer dollars are not spent on products made in sweatshops. The Consortium serves as a coordinating body and resource center for public entities and other organizations that share this goal by sharing information and providing forums for collaboration in order to improve the economy and efficiency of procurement policies designed to eliminate sweatshop labor from supply chains, and WHEREAS, as a member of the Sweat-free Purchasing Consortium the City of Ithaca will refer to the resources of the Consortium and its members with regard to bidders proposing to supply apparel or textiles in a City Contract, and/or have the Consortium perform a preliminary verification of the bidder; now, therefore be it RESOLVED, That the Common Council hereby authorizes City of Ithaca to enroll in the Sweat- free Purchasing Consortium as a member city, to pay annual dues, and to participate in annual membership meetings.