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HomeMy WebLinkAbout08-31-11 City Administration Committee Meeting AgendaCITY ADMINISTRATION COMMITTEE Wednesday, August 31, 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. City Chamberlain 12.1 Request for Waiver of Penalty Fee – Resolution 13. Planning and Development 13.1 Amendment to Personnel Roster - Planning Department – Resolution 14. Common Council 14.1 Suggested City of Ithaca Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles – Resolution 14.2 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 14.3 Suggested Resolution Amending and Adding an Addendum to the City of Ithaca Purchasing Policy - Resolution 14.4 Suggested ordinance amending Chapter 39 (“Contracts”) of the Municipal Code of the City of Ithaca - Ordinance 15. Human Resources 15.1 Director’s Report 16. Finance/Controller’s Office 16.1 Request to Approve Civil Service Agreement for year 2011-2012 - Resolution 16.2 Controller’s Report 17. Reports 17.1 Mayor’s Report 17.2 Sub-Committee Updates 17.3 Council Members’ Announcements 17.4 Next Month’s Meeting: September 28, 2011 WORKFORCE DIVERSITY PLAN SUMMARY 1. Attribute: Established Foundation for Diversity and Inclusiveness: Speaks to the City’s obligation and commitment to equal opportunity and non-discrimination in employment. 2. Attribute: Demonstrated Commitment to Diversity and Inclusiveness: The City’s commitment to reflect the diversity of its community. 3. Attribute: Holistic View of City of Ithaca Community Members: To recognize the employees need to balance responsibilities at work and outside of work. 4. Attribute: Accommodation for Individuals with Disabilities: The City’s commitment to non-discrimination against individuals with disabilities. 5. Attribute: Recognition of Organizational Culture and Process: The City’s commitment to its mission. 6. Attribute: Development and Implementation of Programs to Promote Diversity and Inclusion: Recruitment of a diverse workforce. 7. Attribute: Demonstrated Commitment to Continuous Learning: Education and training programs to build effective working relationships. 8. Attribute: Access to Opportunity/Succession Planning: Recognition of the need of employees to grow personally and professionally. 9. Attribute: Systems of Recognition, Acknowledgement, and Reward: Recognition of employees. 10. Attribute: Shared Accountability and Responsibility for City of Ithaca’s Mission: Ensure that employees are aware of the City of Ithaca’s mission. 11. Attribute: Commitment to Community Partnerships: Community outreach and alliance building. 12. Attribute: Collaborative Conflict Resolution Processes: The City’s systems for addressing workplace concerns. 13. Attribute: Participatory Work Organization and Processes: Encouragement of teamwork. 14. Attribute: Communication and Information Sharing: Establishment of communication strategies. Dated: 11/21/03 Adopted: July 7, 2004 Workforce Diversity Plan Attributes 1. Attribute: Established Foundation for Diversity and Inclusiveness Explanation: The City of Ithaca has a goal to reflect what Roosevelt Thomas, Jr. defines as attribute diversity1: different personal characteristics such as race, sex, national origin, religion, sexual orientation, and disability status throughout all departments, and at all levels of the City of Ithaca. The City of Ithaca recognizes that an effective and successful diversity and inclusiveness initiative includes established equal opportunity and affirmative action programs to ensure equal access to opportunity in employment. The City of Ithaca's senior staff recognizes that its equal opportunity practices for employment must include well defined, effectively enforced, and well communicated policies of non- discrimination and harassment and sound complaint procedures for addressing discrimination issues, including the use of prompt and appropriate corrective/disciplinary measures to address instances of discrimination. The City of Ithaca’s equal opportunity practices are based on obligations created by current legal requirements, such as Executive Order 11246, the Vietnam Era Veterans Readjustment Act, and the Rehabilitation Act. These regulations provide that the City employ effective affirmative action principles in its employment practices, including hiring and promoting women and minorities .2 These principles include completion of an annual Workforce Diversity Progress Report and the semi-annual Equal Employment Opportunity-4 reports for the employment of women, underrepresented groups, individuals with disabilities, and veterans; communication of the annual goals to all individuals involved in hiring/promotion activities; regularly monitoring the progress of achieving diversity goals, and the active recruitment of employees and volunteers consistent with our commitment to diversity. The Mayor has reaffirmed the City of Ithaca’s commitment to diversity in employment and services: {recent statement, then annual statement hereafter} The City of Ithaca’s senior management also recognizes the need to carry out regular training for supervisory and non-supervisory staff on equal opportunity, disability and religion accommodation, and workforce diversity issues. Success in this area will contribute to role modeling and mentoring that will create a dynamic and engaging environment. Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall be charged with implementing regular training for supervisory and non-supervisory staff on equal opportunity, disability and religious accommodation, and work place diversity issues. 2. Attribute: Demonstrated Commitment to Diversity and Inclusiveness Explanation: The goal is for City of Ithaca employees and volunteers to value different personal characteristics such as race, sex, national origin, religion, sexual orientation, and disability status across all formal and informal organizations, to recognize and respond 1The term “minority” is based on the language used by the federal government in its equal opportunity and affirmative action regulations. 2 The term “attribute diversity” is used by Roosevelt Thomas in his book’ Building a House for Diversity. City of Ithaca Workforce Diversity Plan Diversity Plan Attributes Page 2 Adopted: July 7, 2004 effectively to differences, and to identify and remove systemic and historical barriers to the goal of diversity. Plan 1: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall act affirmatively with regard to recruitment and retention of employees and volunteers from diverse backgrounds. Plan 2: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall make good faith efforts to review and implement programming that is necessary to ensure that individuals from different religious backgrounds are included within the work environment. Plan 3: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall encourage diversity in the recruitment, interview and selection process. 3. Attribute: Holistic View of City of Ithaca Community Members Explanation: The City of Ithaca desires that all employees and volunteers are viewed and respected as whole persons with identities and lives that extend beyond employment. Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall be flexible within organizational culture and address work/life issues. 4. Attribute: Accommodation for Individuals with Disabilities Explanation: The City of Ithaca recognizes that it is critical to actively recruit employees and volunteers with disabilities and that disability status is not to be considered a factor in the denial of employment. The City of Ithaca is committed to providing opportunities for individuals with disabilities and recognizes the need for and benefit to offering effective adaptations in the workplace to eliminate barriers to work performance and participation. Therefore, the City of Ithaca recognizes the need to implement a clearly defined and communicated system for addressing disability accommodations and for providing “user-friendly" documents for individuals with disabilities, such as employment applications, recruitment materials, and other official materials. The City of Ithaca also realizes the need to provide educational programs to employees and volunteers that promote a better understanding of disability issues and to provide an opportunity for employees and volunteers to learn communication modes or languages that advance the inclusion of individuals with disabilities, such as use of TDD/TTY or American Sign Language. Plan 1: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall develop a clearly defined and communicated system for addressing accommodations for individuals with disabilities. Plan 2: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall implement training for the ADA Coordinators. City of Ithaca Workforce Diversity Plan Diversity Plan Attributes Page 3 Adopted: July 7, 2004 Plan 3: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall develop training for department heads and implement guidelines for department heads to address disability issues. 5. Attribute: Recognition of Organizational Culture and Process Explanation: The City of Ithaca has established a vision for its desired organizational culture and will continuously work to align this culture to support the organizational mission and values and the diversity vision, including helping people with different views to cooperate together to achieve these efforts. The City’s senior administration will regularly assess its culture and how this culture impacts the City of Ithaca’s ability to achieve its mission and objectives, and to provide guidance for the organizational behaviors and practices that enhance its values, despite divergent perspectives. The goal is to encourage organizational norms and practices that support collaboration, learning from differences, and incorporating the synthesis of divergent perspectives in decision making. To achieve this goal, all employees and volunteers commit to respect and carry out the organizational values through their behaviors and work practices. This includes seeking to develop leadership capability at all organizational levels to promote and reinforce these expectations, providing formal opportunities such as meetings and informational sessions to allow every member of the City workforce to learn about and to appreciate stated values and expected behaviors as shared in relevant documents. The City also desires to provide networking opportunities that enable members of the workforce to engage in mutually beneficial, continuous learning regarding their own identities, worldviews, and life experiences and the impact of these on the culture of the organization. Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall develop systems (policies, procedures, rules, regulations, laws, etc.) that are aligned with City statements (i.e. Diversity Statement, Vision/Mission/Values Statement, etc.) 6. Attribute: Development and Implementation of Programs to Promote Diversity and Inclusion Explanation: The City of Ithaca recognizes that there is benefit to having a workforce that includes broad based diversity attributes, including race, ethnicity, gender, age, disability status, sexual orientation including bisexual employees, veteran status, ex-offender status, as well as other bases both protected by federal and local law and generally represented in the community external to the City. Therefore, the goal is for the Human Resources Department to work with the departments to develop strategic recruitment plans to aggressively increase the representation of Asian/Pacific Islander, Black, Hispanic and Native American employees. The City also aims to expand the representation of women in non-traditional positions and to increase outreach to individuals who are veterans, people with disabilities, gay/lesbian, bisexual, transgender and individuals of different religious backgrounds throughout the City of Ithaca. City of Ithaca Workforce Diversity Plan Diversity Plan Attributes Page 4 Adopted: July 7, 2004 Plan 1: Human Resource personnel would develop relationships with organizations on a local and national level addressing the employment needs of these groups to use as recruitment resources. Plan 2: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall participate in organizations that support employment interest of individuals of diverse backgrounds or organizations that are committed to increasing diversity in the community. 7. Attribute: Demonstrated Commitment to Continuous Learning Explanation: The City of Ithaca recognizes the need to create a flexible organizational culture that prioritizes continuous, collaborative, cross-organizational learning. This goal needs to include effective and ongoing formal and informal educational programs for employees on issues of discrimination, harassment, and conflict resolution/problem solving. The educational program should also include skills development programs through mentoring, newsletters, networking, and community service. The City’s goal is to employ both a participatory decision- making process that reflects the value of the input and expertise of employees and an established system for reflecting upon and learning from positive and negative experiences and translating this learning into action. Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall dedicate the resources, create an inclusive environment and develop programs designed to retain diverse hires and incorporate diversity education into all levels of training. 8. Attribute: Access to Opportunity/Succession Planning Explanation: The City of Ithaca is committed to creating a professionally nurturing environment in which employees have access to opportunities for personal and professional growth. The City of Ithaca recognizes the need to develop and implement formal and informal coaching and mentoring programs for its employees. To promote an environment for professional growth, all staff needs annual performance reviews. This involves developing performance evaluation criteria for individuals in supervisory roles that include advancement or career development and demographic tracking of promotions within that supervisory responsibility. This environment includes holding supervisors and other City of Ithaca leaders, who have responsibility for performance, achievement and succession planning within their groups, accountable for professional development. Plan: Each department shall develop annual organizational goals consistent with the mission and goals of the City. 9. Attribute: Systems of Recognition, Acknowledgement, and Reward Explanation: The City of Ithaca understands the need to recognize and reward diverse contributions and achievements of all staff and to evaluate, recognize and reward diverse forms of work excellence and achievements and to emphasize accountability of those who City of Ithaca Workforce Diversity Plan Diversity Plan Attributes Page 5 Adopted: July 7, 2004 assess the achievement. This recognition system needs to provide a variety of intrinsic and extrinsic benefits. Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall 1) establish an annual formal performance evaluation/feedback tool that uses commitment to diversity as a competency for evaluation; 2) highlight and publicly acknowledge behaviors in newsletters and at council meetings and exemplify an appreciation for and a commitment to a diverse and inclusive workforce, and exhibits an ability to enable each individual to add value from her/his diverse experiences and backgrounds while maximizing their potential; 3) develop a city-wide incentive program to support diversity related initiatives in the community (i.e. First Fridays, Diversity Consortium). 10. Attribute: Shared Accountability and Responsibility for City of Ithaca’s Mission Explanation: The City of Ithaca recognizes that staff must share responsibility for upholding organizational values and achieving clear organizational goals and objectives in a mutually respectful work and educational environment. Achieving success in creating a diverse and inclusive work environment rests with all City employees. Therefore, the City of Ithaca desires to provide orientation for all new employees to explicitly describe organizational goals and values, and describe and define the organizational institutional statement on diversity and inclusiveness. This orientation is not limited to full time employees but extends to temporary employees, elected officials and volunteers. In addition, customers and clients, business partners, vendors, suppliers, subcontractors, and visitors will be advised of the City’s commitment to diversity and inclusiveness. Plan 1: The Diversity Plan component will be added to the new employee orientation program. Plan 2: The Mayor will reaffirm the City’s commitment to diversity on an annual basis. Plan 3: As strategic plans are developed, one part of the plan would include how departments will meet the overall diversity goals. 11. Attribute: Commitment to Community Partnerships Explanation: The City of Ithaca recognizes the need to function as a responsible citizen and neighbor by forging constructive alliances with local colleges/universities, businesses, neighboring municipalities, schools, and community-based associations, expanding outreach to diverse communities, widening opportunities, enhancing access and promoting understanding to overcome bias and discrimination, and fostering principles of diversity and inclusion. Plan 1: The City of Ithaca will continue to have a representative serve on the Diversity Consortium. City of Ithaca Workforce Diversity Plan Diversity Plan Attributes Page 6 Adopted: July 7, 2004 Plan 2: The City will partner with community agencies that support and serve the needs and interest of individuals from diverse backgrounds. Plan 3: The City will ensure that, when possible, information is presented in a way to accommodate different languages and different abilities. Plan 4: The Mayor and Common Council will monitor policies and decisions to ensure alignment with the City’s Diversity Statement. Plan 5: Official documentation will follow National Braille Association’s recommendation. Plan 6: The Mayor will issue a proclamation declaring support for the diversity months. 12. Attribute: Collaborative Conflict Resolution Processes Explanation: The City of Ithaca recognizes the need for a progressive conflict resolution procedure that empowers all employees at all levels, and across all departments to work collaboratively to solve problems, to resolve interpersonal conflicts, and to achieve mutually satisfying dispute resolutions. The City of Ithaca ’s goal is to establish a system of progressive conflict resolution procedures that begins with collaborative problem solving, encourages exploration of issues from multiple points of view, and culminates in a clear and accessible grievance process. Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall conduct training on conflict resolution and make it available for all City employees. 13. Attribute: Participatory Work Organization and Processes Explanation: Work is completed in a collaborative environment where all individuals are expected to contribute. All those with supervisory responsibilities shall encourage team involvement. Plan: The City of Ithaca’s Mayor, Common Council, its officers and department heads shall provide training, including but not limited to, team building skills, project management skills, dealing with conflict, etc. 14. Attribute: Communication and Information Sharing Explanation: The City of Ithaca supports the need for systems of communication and information flow in all directions and across all levels of responsibility for all employees, including encouraging input into City of Ithaca policies. Once decisions have been made, the policy decisions will be communicated clearly to the City of Ithaca workforce and community. This communication includes informing employees of organizational goals, operating environments, and expected performance outcomes. City of Ithaca Workforce Diversity Plan Diversity Plan Attributes Page 7 Adopted: July 7, 2004 Plan 1: On an annual basis, all those with supervisory responsibilities will at a minimum provide feedback to individuals on their strengths and developmental needs and share department goals and objectives. Plan 2: The City of Ithaca’s Mayor, Common Council, its officers and department heads will implement the City-wide communications strategy that will take into account diversity. J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 12. Chamberlain’s Office .1 Request for Waiver of Penalty WHEREAS, Common Council established guidelines for the waiver of penalty on taxes to assist in consistency when considering requests, and WHEREAS, the owner of 940 E. State Street has requested a waiver and refund of the penalty collected by the City of Ithaca on 2011 City and Tompkins County taxes, and WHEREAS, the circumstances leading to his request do not fit the guidelines allowing waiver of penalty, now therefore be it RESOLVED, That the request to refund paid penalty is denied. J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 6/13/2001 City of Ithaca GCP Minute Manager 21. Budget and Administration Committee: 1.1 Chamberlain – Approval of Guidelines for Waiving of Penalty on Taxes By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the City Chamberlain is recommending that guidelines be established to pre-qualify tax penalty waiver requests to streamline the waiver of penalty-on-taxes procedure, and WHEREAS, the pre-qualification process would involve the City Chamberlain’s determination of tax penalty waiver granted or denied based on the established guidelines, with approved requests then submitted to Council for final approval; now, therefore, be it RESOLVED, That after a review of said procedures, Common Council hereby establishes and approves the following guidelines for waiving of penalty on taxes to be used by the City Chamberlain for pre-qualification of said requests: The City Chamberlain shall review each request for waiver of penalty on taxes and approve or deny the request based on the following: 1. The City portion of penalties on Ithaca City School District, Tompkins County and City of Ithaca taxes may be waived if: A. The owner can provide evidence that a check was issued during the penalty free period, but the check was apparently lost in the mail. Such proof might consist of bank statements, showing checks numbered within the range of the check in question clearing the bank during the penalty free period or shortly after, a copy of the check or a receipt for mailing; B. The owner dies during the penalty free period; C. The owner was hospitalized during the penalty free period, and such hospitalization is not chronic. 4. Penalties will not be waived if: A. The owner claims the bill or bills were not received; B. The postmark applied by the post office on the payment envelope is after the penalty free period. After determination of waiver has been made, approved requests shall be sent to the Budget & Administration Committee and Common Council for final approval. Discussion followed on the floor regarding the appeal process when the Chamberlain denies a request. A vote on the Resolution resulted as follows: Carried Unanimously J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 13. Planning and Development .1 Amendment to Personnel Roster - Planning Department WHEREAS, the position of Historic Preservation and Neighborhood Planner recently became vacant due to a retirement, and WHEREAS, due to fiscal constraints, the Vacancy Review Committee only authorized this position to be filled on a part-time basis, now, therefore, be it RESOLVED, That the workweek of the position of Historic Preservation and Neighborhood Planner is hereby reduced from thirty-five (35) hours/week to twenty (20) hours/week, effective September 6, 2011. J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 14. Common Council .1 Suggested City of Ithaca Policy Statement 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 employment practices, such as the operation of “sweatshops,” and WHEREAS, the City of Ithaca is entrusted with assuring the prudent and economical use of public money in the best interest of the taxpayers and facilitating the acquisition of quality goods at the lowest reasonable cost under the circumstances and to guard against favoritism, improvidence, extravagance, fraud and corruption, and WHEREAS, the City of Ithaca affirms that the manufacture of apparel and textiles in violation of reasonable labor or human rights standards is an improvident, fraudulent, and corrupt practice, and purchase of such goods is not a prudent or economical use of public money, and WHEREAS, informed purchases of apparel and textiles manufactured in compliance with labor and human rights standards helps the City to fulfill its duties to use public money in the best interest of the taxpayer, to acquire quality goods at the lowest responsible cost, and to guard against favoritism, improvidence, extravagance, fraud and corruption, 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, pursuant to which authority the City of Ithaca may reasonably define what constitutes a responsible bidder, and may investigate a bidder’s skill, judgment, and integrity in considering whether that bidder is in fact a responsible bidder, and WHEREAS, in its role as a market participant, the City of Ithaca seeks to assure that the integrity of the procurement process is not undermined by contractors or subcontractors who engage in or benefit from sweatshop practices, as such contractors are able to underbid responsible contractors who pay fair wages and maintain humane work environments and conditions, which practice places responsible contractors at a competitive disadvantage and may even dissuade them from participating in the City’s procurement process, and WHEREAS, the City of Ithaca, as a market participant, also seeks to protect the interests of local residents, workers, and businesses, while respecting internationally-shared concerns about human rights and workers’ labor rights, by exercising its home rule powers to establish a sweatshop-free procurement policy statement 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 RESOLVED, That, for the reasons set forth above, the Common Council of the City of Ithaca hereby adopts the following City Policy Statement on Sweatshop-Free Procurement of Apparel J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 and Textiles, and declares its intention to modify existing City policies and ordinances and to take other steps, as needed, to reflect and support the adoption of this position: Effective January 1, 2012, the City of Ithaca and every department and division within the City government shall take all steps within its authority to ensure that, whenever possible, City purchases of apparel or textiles, in excess of $1,000, are from contractors or suppliers confirmed to be “sweatshop-free” – i.e., whose products are confirmed by a credible, independent source to be manufactured or assembled without violating the wage and hour, labor, safety, health, environmental, building, fire, or anti-discrimination laws, rules, codes, regulations or standards that are applicable in the country of manufacture or assembly, or that are contained in the International Labour Organization (ILO) Core International Labour Standards (whichever is stricter). J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 14. Common Council .2 A resolution authorizing enrollment by the City of Ithaca in the Sweatfree Purchasing Consortium. WHEREAS, the Common Council of the City of Ithaca has on this date, by resolution, adopted a City Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles, and WHEREAS, in said resolution, the Council declared its intention to modify existing City policies and ordinances and to take other steps, as needed, in order to implement its Sweatshop-Free position, and WHEREAS, the Sweatfree Purchasing Consortium is organized for educational and charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, for the purpose of assisting public officials and others who seek to ensure that taxpayer dollars are not spent on products made in sweatshops; and 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 a forum for collaboration in improving the economy and efficiency of procurement policies designed to eliminate sweatshop labor from supply chains, and WHEREAS, as a member of the Sweatfree Purchasing Consortium, the City of Ithaca will utilize and refer to the resources of the Consortium and its other members, to assist prospective bidders that are seeking a contract to supply apparel or textiles to the City, and/or may ask the Consortium to perform a preliminary verification of the bidder’s sweatshop-free status; now therefore be it RESOLVED, That the Common Council hereby authorizes the Mayor to enroll the City of Ithaca in the Sweatfree Purchasing Consortium, as a member city, to pay the annual dues therefore, and to participate in the Consortium’s annual membership meetings. J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 14. Common Council .3 Suggested Resolution Amending and Adding an Addendum to the City of Ithaca Purchasing Policy. WHEREAS, the Common Council of the City of Ithaca, has, on this date, adopted by resolution a City of Ithaca Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles, and WHEREAS, in said resolution, the Council declared its intention to modify existing City policies and ordinances as needed, in order to implement its Sweatshop-Free position; now therefore be it RESOLVED, That the City of Ithaca Purchasing Policy be amended as follows, effective January 1, 2012: (1) Paragraph 4(F) (entitled “AUTHORIZED LIMITS AND CONTROLS”) of the 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, contractor or a subcontractor, all contracting agencies shall give due consideration to any credible evidence or reliable information regarding the guidelines set forth in Chapter 39 of the City Code. (2) The City of Ithaca Purchasing Policy is hereby amended so as to include the following as an Addendum: ADDENDUM: Policy on Sweatshop-Free Procurement of Apparel and Textiles 1. Any purchasing contract for the procurement of apparel or textiles shall comply with all applicable federal, state, and local laws and regulations, including the City of Ithaca Purchasing Policy and Chapter 39 of the Municipal Code of the City of Ithaca. 2. To the extent allowed under General Municipal Law, Section 103, the City of Ithaca and its departments shall only purchase apparel or textiles confirmed to be sweat-shop free, as those terms are defined herein, unless: a) The Controller certifies that no confirmed sweatshop-free 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 supplier that is not confirmed to be sweatshop-free; or b) The purchase of apparel or textiles is for less than $1,000. 3. For purposes of this Addendum, “sweatshop-free” shall refer to apparel or textiles that are manufactured or assembled without violating laws, rules, codes, regulations or standards regarding wage and hour, labor, safety, health, environmental, building, fire, or anti-discrimination, that are applicable in the country of manufacture or assembly, or that are contained in the ILO Core International Labour Standards (whichever is stricter). J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 4. Apparel or textiles may be confirmed to be sweatshop-free by: a) Certification or otherwise credible data, information, or reports submitted to the City Controller from the Sweatfree Purchasing Consortium or its agency members; b) Certification or otherwise credible data, information, or reports submitted to the City Controller from another comparable independent monitoring organization as selected by the Common Council or its members; or c) Self-certification by affidavit of the supplier or vendor that the apparel or textiles are sweatshop-free, provided that such certification is not contradicted by credible information received by the City Controller. 5. As a member of the Sweatfree Purchasing Consortium, the City will receive information from the Sweatfree Purchasing Consortium regarding manufacturers, contractors, subcontractors, suppliers, or vendors found to have violated human rights or labor standards. The City Controller shall advise Department Heads of violation information from the Sweatfree Purchasing Consortium, and Department Heads shall provide such information to all staff in a position to purchase City-required apparel. 6. The City encourages its officials and staff to strive to uphold the standards of the City Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles, in making purchases of work-related apparel. J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 14. Common Council .4 Suggested ordinance amending Chapter 39 (“Contracts”) of the Municipal Code of the City of Ithaca WHEREAS, by resolution approved on ___________, 2011, the Common Council of the City of Ithaca adopted a City Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles; and WHEREAS, in that resolution, the Council declared its intention to modify existing City policies and ordinances as needed, in order to implement its Sweatshop-Free position; 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 Subsection 39-2(A)(12): (12) Noncompliance by any bidder proposing to supply apparel or textiles (or by any subcontractor or supplier of that bidder) with any of the wage and hour, labor, safety, health, environmental, building, fire, or anti-discrimination laws, rules, codes, regulations or standards of the country of manufacture or assembly, or that are contained in the International Labour Organization (ILO) Core Labour 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 said 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 self-certify its compliance with applicable laws, rules, codes, regulations or standards. (2) Renumbering of the former subsections 39-2(A)(12) through 39-2(A)(14), so as to maintain the proper numerical sequence. (3) Insertion of the following new definitions into Section 39-3, in alphabetical order: APPAREL OR TEXTILES All articles of clothing, cloth or goods, produced by weaving, knitting, or felting, or any similar goods. SWEATSHOP-FREE J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 Refers to a supplier of apparel or textiles that are manufactured and/or assembled without violating the wage and hour, labor, safety, health, environmental, building, fire, or anti-discrimination laws, rules, codes, regulations or standards that are applicable in the country of manufacture or assembly, or that are contained in the International Labour Organization (ILO) Core International Labour Standards (whichever is stricter). (4) Insertion of the following [underlined language] into Section 39-3, in Subsection “A” (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, including those that are that is required to be let by competitive bid to the lowest reasonable responsible bidder, but 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 (A) Pursuant to the Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles, adopted by resolution of the Common Council on , 2011, the City of Ithaca and its contracting agencies shall enter into contracts to purchase or obtain for any purpose any apparel or textiles only with those bidders confirmed to be sweatshop-free, as that term is defined in this Chapter, except as set forth in subsection 39-4 (B), below, and subject to the provisions of subsection (J), below. (B) In the event that the City 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. (C) For the purpose of implementing the City’s 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 J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 (2) Self-certification by affidavit of the bidder, provided that such certification is not contradicted by credible information received by the City Controller. (D) The City 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 from the contractor 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. (E) 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 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. (F) 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. (G) Every bid solicitation for supplying apparel and textiles to the City shall 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. J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 (H) 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. (I) 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. (J) This section shall apply except when federal or state law precludes the City of Ithaca from attaching the procurement conditions herein. Section 2. 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 3. Effective date. This ordinance shall take on January 1, 2012, and in accordance with law, upon publication of notice as provided in the Ithaca City Charter. M E M O R A N D U M CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Daniel L. Hoffman, City Attorney Telephone: 607/274-6504 Khandikile M. Sokoni, Assistant City Attorney Fax: 607/274-6507 Robert A. Sarachan, Assistant City Attorney Patricia M. O’Rourke, Assistant City Attorney Krin Flaherty, Associate City Attorney Jody Andrew, Executive Assistant   To: City Administration Committee From: Krin Flaherty Date: August 25, 2011 Subject: Proposed Sweatshop-Free Procurement of Apparel and Textiles Policy _____________________________________________________________________________ Attached please find a draft of the proposed Sweatshop-Free Procurement of Apparel and Textiles Policy. The proposed draft is composed of the following parts: Part I – Adopts Policy Statement and Authorizes Membership A. Resolution adopting a City of Ithaca Policy Statement on Sweatshop-Free Procurement of Apparel and Textiles enabling modification of the Code and Purchasing Policy. B. Resolution authorizing the Mayor to enroll the City in the Sweatfree Purchasing Consortium. Part II - Amends Purchasing Policy to make reference to Contracts City Code provisions contained in Chapter 39. Adds addendum to the Purchasing Policy for purchases of textile or apparel, not subject to competitive bidding (purchases under $20,000), which states that purchases of textile or apparel must be confirmed to be sweatshop-free. Two exceptions: ‐ If essential or time-sensitive and no sweat-shop free option exists; or ‐ Purchase is less than $1,000. City Controller will advise Department Heads of violation information from the Sweatfree Purchasing Consortium. The addendum includes an encouragement paragraph for officials and staff to consider the policy in making work-related apparel purchases. Part III – Ordinance to amend Chapter 39 to include Sweatshop-free Procurement in the City’s responsibility guidelines. 1    J:\DRedsicker\AGENDAS\City Admin Comm\2011\8-31 CA Agenda.doc 8/31/11 16. Finance/Controller’s Office .1 Request to Approve Civil Service Agreement for the Year 2011-2012 RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters, for the period July 1, 2011 to June 30, 2011, in an amount of $58,060, payable to the City of Ithaca on or before November 1, 2011. AGREEMENT THIS AGREEMENT made the day of , 2011, by and between the CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the “City”, party of the first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the “School District”, party of the second part. WITNESSETH: WHEREAS, the Board of Education of the School District desires to enter into a contract with the City for the performance by the City of certain services, to avoid duplication and unnecessary expense, particularly services in connection with Civil Service matters on behalf of the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law, and WHEREAS, the total number of classified Civil Service employees on the payrolls of the City and the City School District for the final payroll period in December, 2010, was 949, and WHEREAS, the actual annual expenditures for the Civil Service Commission of the City of Ithaca for the 2010 fiscal year of the City was $103,383; NOW, THEREFORE, the parties hereto agree as follows: 1. That for the services rendered and to be rendered by the City for the School District during the School District fiscal year, which is July 1, 2011 through June 30, 2012, the School District shall pay to the City a lump sum of $58,060, payable on or before November 1, 2011. 2. In consideration of such payment, the City agrees: (a) to furnish the School District the part-time services of the Civil Service Commission of the City of Ithaca and the members of its staff, and the City Clerk and the members of her staff; and (b) to handle the records and perform any other necessary Civil Service services relating to Board of Education employees in the classified service, including examinations and tests when required. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ITHACA, NEW YORK By: ________________________ Mayor ATTEST: ________________________ City Clerk CITY SCHOOL DISTRICT CITY OF ITHACA, NEW YORK By: ________________________ Assistant Superintendent of Business Services ATTEST: ________________________ School District Clerk