HomeMy WebLinkAbout6-29-11 City Administration Committee Meeting AgendaCITY ADMINISTRATION COMMITTEE
Wednesday, June 29, 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 Action Report – Information Technology
Police Department – August
Clerk’s Office – September
Chamberlain’s Office – October
11. Mayor’s 2012 Budget Message and Updates
12. Department of Public Works
12.1 Request for Funds for Purchase of Pay Stations - Resolution
12.2 Intersection Bulb-outs on West Green & West Seneca Street - Resolution
13. Fire Department
13.1 Request to Amend 2011 Authorized Budget for Receipt of Grant – Resolution
14. Common Council
14.1 Communications: Message to Cornell Administration Regarding Africana Studies and
Research Center - Resolution
14.2 Suggested City of Ithaca Policy on Sweatshop-Free Procurement of Apparel and
Textiles – Ordinance
14.3 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
15. Information Technology
15.1 Approval of Policy Regarding the Appropriate Use of Social Media – Resolution
16. Human Resources
16.1 A Local Law to Delete Various Sections of the City of Ithaca Charter Regarding
Employee Benefits
16.2 Director’s Report
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CITY ADMINISTRATION COMMITTEE
Wednesday, June 29, 2011
Agenda - Continued
17. Finance/Controller’s Office
17.1 Approval of 2009 Single Audit Report - Resolution
17.2 Bond Resolution
17.3 Controller’s Report
18. Reports
18.1 Mayor’s Report
18.2 Sub-Committee Updates
18.3 Council Members’ Announcements
18.4 Next Month’s Meeting: July 27, 2011
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12. Department of Public Works
.1 Request for Funds for Purchase of Pay Stations
WHEREAS, the Department of Public Works has been using four Parkeon Pay and Display
stations since March 2011 for a trial period in two downtown parking lots, and
WHEREAS, these machines have worked extremely well during the trial period; are generating
additional revenue due to the ability of credit card use; have provided reliable reporting data; and
are user friendly, and
WHEREAS, due to prior problems with Parkeon equipment used by the City, the manufacturer
of the units has offered the machines at a deeply discounted price with warranties, and
WHEREAS, based on the increased revenue generation, the payback period on the machines will
be short, and
WHEREAS, the estimated cost for all four Pay and Display units will be $28,500, and
WHEREAS, the Capital Reserve for Parking Areas has a balance of $79,000, and is able to
absorb the costs for these Pay and Display stations; now, therefore be it
RESOLVED, That Common Council hereby approves the acquisition of up to four Pay and
Display units at a cost not to exceed $28,500 from Capital Reserve 14 Parking Areas.
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12. Department of Public Works
.2 Intersection Bulb-outs on West Green & West Seneca Street
A resolution authorizing implementation and funding in the first instance 100% of the federal
aid-eligible costs and State “Marchiselli” program-aid eligible costs, of a transportation federal-
aid project, and appropriating funds therefore.
WHEREAS, a Project for the Intersection Bulb-outs on West Green & West Seneca Street,
P.I.N. 375462 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that
calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-federal share of the costs of Preliminary Engineering/Design, and
WHEREAS, preliminary engineering and design are exempt from further environmental review
as Type II actions, and
WHEREAS, Common Council approved the above-subject project on March 2, 2011 in an
amount of $36,000, and
WHEREAS, the New York State Transportation Improvement Program has authorized an
amount not to exceed $52,000 for this phase of the project; now, therefore, be it
RESOLVED, That Common Council hereby re-approves the above-subject project, subject to
further environmental review of construction; and it is further
RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/
Design work for the Project or portions thereof, and it is further
RESOLVED, That additional sum of $16,000 is hereby appropriated from the issuance of serial
bonds and made available to cover the cost of participation in the above phase of the Project, and
it is further
RESOLVED, That Common Council hereby amends Capital Project # 769, Intersection Bulb-
outs on West Green & West Seneca Street, to increase the budget from $36,000 to $52,000, an
increase of $16,000, and it is further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene
as soon as possible to appropriate said excess amount immediately upon the notification by the
NYSDOT thereof, and it is further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the
City of Ithaca with the New York State Department of Transportation in connection with the
advancement or approval of the Project and providing for the administration of the Project and
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the municipality’s first instance funding of Project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations
therefore that are not so eligible, and it is further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $10,400
of the $52,000 authorized for this portion of the project, in monies and in-kind services as
managed by the Superintendent of Public Works and monitored by the City Controller, and be it
further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and it is further
RESOLVED, This resolution shall take effect immediately.
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13. Fire Department
.1 Request to Amend 2011 Authorized Budget for Receipt of Grant
WHEREAS, the Ithaca Fire Department has been awarded a Federal Emergency Management
Agency (FEMA) Assistance to Firefighters Grant (AFG) in the amount of $100,000, and
WHEREAS, the grant funds will be used to purchase and install ten multi-function DVRS
(Digital Vehicle Repeater System) units in the emergency response apparatus which will
improve portable radio communication within buildings, and
WHEREAS, the grant requires a 10% local match of $10,000, and
WHEREAS, the total project cost will be $108,100 with the sources of funds as follows:
FEMA Grant $90,000
2010 Encumbered Funds 10,000
CP #714 IFD Communications Equipment 8,100
$108,100
now, therefore be it
RESOLVED, That Common Council hereby amends the 2011 authorized City budget by the
amount not to exceed $90,000 to account for the Federal Emergency Management Agency
Assistance to Firefighters grant as follows:
Increase Revenue Account
A3410-4389 Federal Aid Public Safety $90,000
Increase Appropriations Account:
A3410-5225-12250 Other Equipment $90,000
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14. Common Council
.1 Resolution to Cornell University Administrators Regarding the Change in Status for the
Africana Studies and Research Center
WHEREAS, Cornell University is responsible for providing a world-class education for its
students who come from places across this country and from around the globe, and
WHEREAS, the founding of the Cornell’s Africana Studies and Research Center (ASRC) in
1969 was born from the proclaimed and generally agreed-upon terms of providing a safe
intellectual, physical, and social space for Black students during a period of overt hostility
towards the university’s students of color, and
WHEREAS, the original institutional structure of ASRC as a cross-disciplinary and
intercollegiate unit has been intentionally designed by the university administration to help it
advance its unique intellectual, cultural, and scholar-activist goals, and
WHEREAS, Cornell has had to make multiple adjustments in both its budget and operations in
order to sustain itself and its mission through the turbulent economic times this country continues
to face, and
WHEREAS, the City of Ithaca Common Council recognizes the very difficult choices facing
Cornell’s administration as it continues to deal with the current negative budget climate, and
WHEREAS, while acknowledging that Cornell’s top administration, its Board of Trustees, and
the City’s Mayor and Common Council are separate entities, Common Council also recognizes
that decisions made by one body may have ramifications on areas of responsibility of the other,
and
WHEREAS, on December 1, 2010, the president and the provost of Cornell handed down a
decision to significantly alter the institutional structure of the ASRC, transforming it from a
stand-alone intercollegiate unit that reports directly to the Provost Office into a yet-to-be
determined academic entity absorbed into an already established college at Cornell, and
WHEREAS, members of ASRC’s faculty, students, and staff have said publicly that: they had no
prior knowledge of this decision; that evidence points to disclosure to faculty elsewhere on the
campus; that evidence suggests the initial decision-making process intentionally excluded
ASRC’s members; and that they continue to request a meaningful dialogue with Cornell
administrators, and
WHEREAS, for over 42 years, and as this nation’s first such institution, ASRC’s unique
intercollegiate status has stood as a model to other Africana an ethnic studies programs across
the nation and the globe yet it feels denied in having any meaningful say in its continued destiny,
and
WHEREAS, a part of that model has been the building of bridges and bonds during those 42
years between ASRC’s faculty, staff, and students with communities within the City of Ithaca,
which has helped further enhance the names of both ASRC and Cornell across our local
community, and
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WHEREAS, leaders in various parts of the local Ithaca community have requested a public,
town-hall-style meeting as a way to help both sides come to a mutually beneficial agreement, and
WHEREAS, Cornell’s administration has met with several groups in recent months to discuss
the proposed realignment, limitations of the current structure, and the merits of the proposal for
ASRC and other aspects of Cornell’s academic entities, and
WHEREAS, people potentially affected by the proposed restructuring have asked to have input
in the concept and not be limited to discussing how to implement the proposal, and
WHEREAS, the stellar reputations of Cornell and many institutions within it, including ASRC,
attract scores of people to the university and the City of Ithaca – be they students, their families,
faculty, or staff – to “live, learn, work, play, create, and dream,” which stimulates our local
economy repeatedly during any year, and
WHEREAS, a number of said people decide whether to live in Ithaca year round, some
permanently, based on their Cornell in Ithaca experience, and
WHEREAS, Cornell has built a great reputation as a developer of leadership through
empowerment and has stated that its restructuring would be done in collaboration with those
directly involved in any change, and
WHEREAS, the Office of Cornell Provost Ken Fuchs announced on June 2, 2011, that the
administration would move forward with implementing its plan to move ASRC,
administratively, under the College of Arts and Sciences; now, therefore be it
RESOLVED, That the City of Ithaca Common Council respectfully requests that the top
administration of Cornell University consider all of the implications in its proposed re-alignment
of the Africana and Research Studies Center, and be it further
RESOLVED, That despite the decision to move ahead with implementation, Common Council
still encourages Cornell’s administration to reconsider moving forward in July with the
restructuring of ASRC and, in the interim, respectfully requests that administrators engage
members of the Cornell community, particularly those poised to be most affected – such as the
faculty, staff and students at ASRC – in meaningful, transparent and productive dialogue that can
lead to a mutually agreed upon decision in contemplation of the restructuring effort, and be it
further
RESOLVED, That a copy of this resolution be sent to Cornell University President David J.
Skorton, Provost W. Kent Fuchs, ASRC Director Robert L. Harris Jr., and the members of
Cornell’s Board of Trustees.
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14. Common Council
.2 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
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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
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(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
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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.
CHAPTER 39 CONTRACTS
ARTICLE I Nondiscrimination (§ 391)
§ 391 Nondiscrimination clause.
The following clause shall be included in any City contract: "The contractor will not discriminate
against any employee, applicant for employment, subcontractor, supplier of materials or services or
program participant because of actual or perceived age; creed; color; disability; ethnicity; familial
status; gender; height; immigration or citizenship status; marital status; national origin; race;
religion; sex; sexual orientation; socioeconomic status; or weight."
ARTICLE II Responsibility Determinations (§ 392 — § 393)
§ 392 Guidelines.
A. In deliberating upon the responsibility of a bidder or a subcontractor, all contracting agencies
shall give due consideration to any credible evidence or reliable information that the past or
current record of a bidder or proposed subcontractor includes any of the following:
(1) Lack of adequate expertise, prior experience with comparable projects or financial resources to
perform the work of the contract or subcontract in a timely, competent and acceptable manner.
Evidence of such a lack of ability to perform may include, but shall not be limited to, evidence of
suspension or revocation for cause of any professional license of any director or officer, or any
holder of 5% or more of the bidder's or proposed subcontractor's stock or equity; failure to submit
satisfactory evidence of insurance, surety bonds or financial responsibility; or a history of
termination of prior contracts for cause.
(2) Criminal conduct in connection with government contract or the conduct of business activities
involving the infliction, injury or intentional property damage, in connection with involvement in a
pattern of racketeering, labor racketeering, extortion, obstruction of justice or other comparable
crimes; bribery, fraud, bid‐rigging, embezzlement or other comparable crimes; or serious moral
turpitude, fundamental lack of integrity or knowing disregard for the law. Evidence of such conduct
may include a judgment of conviction, pending criminal indictment of formal grant of immunity in
connection with a criminal prosecution of the bidder or proposed subcontractor, and director or
officer, or any holder of 5% or more of the shares or equity of the bidder or proposed
subcontractor, or any affiliate of the bidder or proposed subcontractor.
(3) Grave disregard for the personal safety of employees, City personnel or members of the public.
Due consideration shall be given to whether available evidence concerning the training of
employees, equipment actually in use at the work site and company practices for identifying and
addressing deficiencies and securing employee compliance demonstrates a genuine commitment to
safety or lack of the same.
(4) Willful noncompliance with the prevailing wage and supplements payment requirements of the
Labor Law, including consideration of any pending violations of the bidder or proposed
subcontractor, or any affiliate of the bidder or proposed subcontractor.
(5) Any other significant Labor Law violations, including but not limited to child labor violations,
failure to pay wages or unemployment insurance tax delinquencies.
(6) Any significant violation of the Workers' Compensation Law, including but not limited to the
failure of a bidder or proposed subcontractor to provide proof of workers' compensation or
disability benefits coverage.
(7) Any criminal conduct involving violations of the Environmental Conservation Law or other
federal, state or City environmental statutes or repeated or significant civil violations for federal,
state or City environmental statutes or regulations.
(8) The failure of a bidder or contractor to demonstrate good‐faith efforts to comply with
applicable federal, state or City statutes and regulations requiring efforts to solicit and utilize
minority‐owned and women‐owned business enterprises and disadvantaged business enterprises
as potential subcontractors, in connection with a pending bid for the performance of a federal‐aid
. or state‐ or City‐funded or ‐assisted project subject to such statutory and regulatory requirements
(9) The failure of a bidder, contractor or proposed subcontractor to comply with federal, state or
City statutes or regulations requiring the hiring, training and employment of persons presumed to
be disadvantaged in accordance with federal, state or City definitions to meet federal, state and City
equal employment opportunity requirements.
(10) The submission of a bid which is mathematically or materially unbalanced.
(11) The submission of a bid which is so much lower than the agency's confidential engineers'
estimate for the cost of, or anticipated bids for, the contract that it appears unlikely that the bidder
will be able to perform the contract satisfactorily at the price bid.
(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;
r(c) credible information from interested third parties submitted to the City Controller; o
(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 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;
r(c) credible information from interested third parties submitted to the City Controller; o
(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.
(14) Any other cause of so serious or compelling a nature that it raises questions about the present
responsibility of a contractor or subcontractor, including but not limited to, submission to a
contracting agency of a false or misleading statement on a uniform questionnaire, or in some other
form, in connection with a bid for or award of a contract or a request for approval of a
subcontractor.
B. In addition to the factors specified above, contracting agencies may also give due consideration
to any other factors considered by the contracting agencies to bear upon responsibility, including
but not limited to any mitigating factors brought to the agency's attention by the bidder or
proposed subcontractor.
§ 393 Definitions.
e following terms shall have the meanings indicated: As used in this article, th
APPAREL OR TEXTILES
ll articles of clothing, cloth or goods, produced by weaving, knitting, or felting, or any similar A
goods.
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.
B. A corporation, partnership or proprietorship shall be considered to be an affiliate of the
bidder or proposed subcontractor if one owns, controls or has the ability to control the other, or if a
third person, corporation, partnership or proprietorship owns, controls or has the ability to control
both.
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.
CONTRACTING AGENCIES
tment of the City which is letting a contract through competitive bidding. Any agency or depar
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).
ARTICLE III Policy on SweatshopFree Procurement of Apparel and Textiles (§ 394)
39‐4 Administration and Enforcement of Policy on Sweatshop‐Free Procurement of Apparel and §
Textiles
(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) Foe pur thrpose of implementing this policy, a bidder may be confirmed to be
atshop‐free by either of the following means: swe
a u a(1)Certification as such by the Swetfree Purchasing Consortim or other comprable
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.
ng the(C) The City of Ithaca Controller shall collect and maintain information concerni
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
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
availa act and applicable law.ble under the contr
(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.
//END CHAPTER 39//
J:\DRedsicker\AGENDAS\City Admin Comm\2011\6-29 CA Agenda.doc 6/29/11
14. Common Council
.3 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.
"An Equal Opportunity Employer with a commitment to workforce diversification."
MEMORANDUM
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, Associate City Attorney
Date: June 24, 2011
Subject: City of Ithaca Policy on Sweatshop-Free Procurement of Apparel and
Textiles
______________________________________________________________________
Attached please find the suggested ordinance and resolution for the City of Ithaca Policy on
Sweatshop-Free Procurement of Apparel and Textiles. I have also attached a copy of Chapter 39
with the suggested ordinance inserted to help in your review. Primarily, Committee members may
want to note the following:
- We suggest that the policy be introduced as an amendment of Chapter 39 of the City Code.
Chapter 39 pertains to city contracts and includes guidelines for responsibility
determinations. The City’s Purchasing Policy is currently being worked on by the
Controller’s office and is a relatively obscure document. Introduction as part of the Code will
make the policy more visible and accessible to bidders and the public.
- Chapter 39 contains considerations similar to the Policy on Sweatshop Free Procurement of
Apparel and Textiles, but contained no provisions regarding bidders who engage in
discriminatory practices. We suggest that bidders/contractors who engage in discriminatory
practices be considered not responsible for all contracts (not solely apparel or textiles
bidders). However, Sweatshop-Free policy certification requirements would apply to
bidders/contractors providing apparel or textiles only.
- We have also attached a resolution to allow the City of Ithaca to become a member in the
Sweatfree Purchasing Consortium.
- Reference to the Consortium is made in the suggested responsibility determinations
considerations and in the certification process. Pursuant to the Committee’s concerns on
relying on one non-governmental body, we have included a provision where the Common
Council may select another comparable independent monitoring organization.
Attachments: Suggested ordinance and resolution;
Suggested ordinance in text of existing Ch.39 of the City Code
J:\DRedsicker\AGENDAS\City Admin Comm\2011\6-29 CA Agenda.doc 6/29/11
15. Information Technology
15.1 Policy Regarding the Appropriate Use of Social Media
WHEREAS, the City of Ithaca recognizes that the use of electronic social media has become a
primary form of communication for many people employed and served by the City, and
WHEREAS, the availability of such social media poses new challenges and opportunities for the
City, as an employer and otherwise, and
WHEREAS, the City’s Senior Staff formed a work group to evaluate the need for a City policy
on the use of social media by City employees, and to draft one if needed, and
WHEREAS, the work group drafted a policy and submitted it to the Senior Staff for review, and
WHEREAS, the Senior Staff reviewed the policy and agreed on the need for its adoption,
pending clarification of some of its language by the City Attorney’s Office, and
WHEREAS, the City Attorney’s Office clarified the language in question and agreed that the
policy was ready to move forward to Council for approval; now therefore be it
RESOLVED, That Common Council hereby accepts and appreciates the work performed by the
Senior Staff work group, and be it further
RESOLVED, That Common Council hereby adopts the Policy Regarding the Appropriate Use
of Social Media, dated June 3, 2011.
Policy Regarding the Appropriate Use of Social Media
City of Ithaca
6/3/11
Draft
Purpose
The City of Ithaca recognizes social media as a prominent communication resource for
many people. The City supports the appropriate use of social media tools to reach a
broad audience, and to further the goals and mission of the City. In addition to serving
as a means of disseminating information, social media can facilitate the discussion
about City issues, operations and services among members of the public, City staff and
elected officials via the Internet.
Social media tools include but are not limited to:
- social media sites such as Facebook, MySpace, Bebo, Friendster
- video and photo sharing websites such as Flickr, YouTube
- micro-blogging sites such as Twitter
- weblogs (commonly referred to as blogs)
- forums and discussion boards such as Whirlpool, Yahoo Groups or Google
Groups
- online encyclopedias such as Wikipedia
- any other website that allows individuals to use simple publishing tools.
The City of Ithaca has an overriding interest and expectation in deciding what is posted
on behalf of the City on social media sites. In that regard, this policy establishes rules
and procedures for the use of social media by City staff and on City social media sites.
General Rules
1. All City of Ithaca social media sites, e.g., the Ithaca Youth Bureau’s Facebook page
and the GIAC Teen Program’s MySpace page, shall be approved by the respective
Department Head and reported to the Director of Information Technology, and shall
be published using social media platforms and tools approved by the City.
2. The Department of Information Technology will maintain a list of social media
platforms and tools which are approved for use by City departments and staff.
3. The Department of Information Technology will maintain a list of all City of Ithaca
social media sites reported to it.
4. The City of Ithaca’s website will remain the City’s primary Internet presence.
Whenever possible, informational content posted to City of Ithaca social media sites
also shall be posted on the City’s website.
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5. All content published on City of Ithaca social media sites must comply with all City of
Ithaca policies and standards, including, but not limited to:
a. Sexual Harassment Policy
b. Workplace Violence Prevention Policy
c. Employee Standards of Conduct
d. Anti-Discrimination Policy
e. Code of Ethics
f. Diversity Statement
g. Electronic Mail Policy
h. Policy Regarding the Appropriate Use of City Computer, Network and Phone
Resources
i. Information Technology security policies and procedures
j. Departmental policies, rules, regulations, and operating procedures
k. Other City policies.
6. Employees posting content or comments on City of Ithaca social media sites are
required to identify themselves as City of Ithaca employees, and must conduct
themselves at all times as representatives of the City and in accordance with all City
policies. Employees are expected to be respectful of all individuals and communities
with whom they interact online, and to be polite and respectful of others’ opinions,
even in times of heated discussion and debate.
7. City policies, rules, regulations and standards of conduct apply to any employee who
engages in social media activities of any type while conducting City business. Using
your City e-mail address or City-issued equipment, communicating in your official
capacity, or engaging in social media activities of any type during work time
constitute conducting City business.
8. Department Heads may allow or disallow departmental employees to participate in
social media sites as part of their job duties.
9. Employees are strictly prohibited from disclosing confidential or protected
information by means of social media.
10. City of Ithaca social media sites are subject to New York State public records laws.
Therefore, relevant City of Ithaca and New York State records retention schedules
apply to social media content. Content required to be maintained pursuant to a
relevant records retention schedule shall be maintained for the required retention
period in a format that preserves the integrity of the original content and is easily
accessible by using the approved City platforms and tools.
11. Laws and policies regarding access to information for public disclosure or for legal
purposes apply to social media content; therefore, such content must be managed
and stored in a manner that allows for the retrieval of it in order to comply with those
laws and policies.
3
12. The City reserves the right to restrict or remove any content from its social media
sites that it deems in violation of this policy, any other City policy, or any applicable
law.
13. The City shall only use social media resources that allow the City to immediately edit
or remove content from them.
14. The City shall not use social media platforms or tools in a manner that allows for
non-moderated dialogue or non-reviewed postings.
Procedures for Creating, Maintaining and Posting to Social Media Sites
1. Each City of Ithaca social media site shall include an introductory statement which
clearly specifies the purpose and topical scope of the social media site.
2. Whenever possible, content posted to City of Ithaca social media sites shall contain
links directing users back to the City’s official website for in-depth information, forms,
documents and online services.
3. Content posted to social media sites shall be current, timely and accurate.
4. Users and visitors to any City of Ithaca social media site shall be notified that the
intended purpose of the site is to serve as a mechanism for communication between
City departments and members of the public. Articles and comments posted to City
of Ithaca social media sites shall not contain any of the following forms of content:
a. Comments not topically related to the particular site or article being commented
upon;
b. Profane language or content;
c. Content that promotes, fosters, or perpetuates discrimination on the basis of age,
creed, color, disability, ethnicity, familial status, gender, height, immigration or
citizenship status, marital status, national origin, race, religion, sexual orientation,
socio-economic status, or weight;
d. Sexual content or links to sexual content;
e. Solicitations for a commercial business or for personal gain;
f. Conduct or encouragement of illegal activity;
g. Information that may tend to compromise the safety or security of the public or
public systems; or
h. Content that violates a legal ownership interest of any other party.
These guidelines shall be displayed to users or made available by hyperlink. Any
content removed based on these guidelines must be retained, including the time,
date and identity of the person who posted the content when available.
5. All City of Ithaca social media sites shall clearly indicate they are maintained by the
City of Ithaca and shall have City of Ithaca contact information prominently
displayed.
4
6. All City of Ithaca authors and public commentators shall be clearly identified.
Enrollment of public commentators shall require valid contact information including a
legal name, street address, and email address. Anonymous postings shall not be
allowed, nor shall the use of pseudonyms or screen names be allowed.
7. All moderators for City of Ithaca social media sites shall be trained regarding the
terms of this policy, including their responsibilities to review content submitted for
posting to ensure compliance with the policy. Furthermore, the moderators will be
provided with guidelines about how to effectively fulfill the duties of this role.
Enforcement
Any City employee found to have violated this policy may be subject to disciplinary
action, up to and including termination of employment. Any violation shall be reported to
the user’s supervisor who will be responsible for deciding upon the appropriate
discipline with guidance from the Human Resources Department.
Within their respective departments, the department heads are responsible for the
proper implementation of this policy and for monitoring the use of social media.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\6-29 CA Agenda.doc 6/29/11
16. Human Resources
.1 A Local Law to Delete Various Sections of the City of Ithaca Charter Regarding
Employee Benefits
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. The following Sections of the City Charter are hereby deleted in their entirety:
§C-108. Illness or injury of police officers and firefighters incurred in the performance of duty.
Payment of salary, wages and medical and hospital expenses of police officers and paid
fire fighters shall be paid by the City of Ithaca in accordance with Article 10 of the
General Municipal Law.
§C-110 Vacations for certain employees.
A. Definitions. The term "City employee" shall include all employees of the City except
elected officials, members of the various City boards and commissions and seasonal,
temporary or per-diem employees.
B. Vacations. Vacation benefits for all City employees shall be granted and accumulated
in accordance with the terms specified in formal agreements reached between City
officials appointed as a negotiating committee
§C-112. United Fund payroll deductions.
The City Clerk of the City of Ithaca is hereby authorized to make weekly, semimonthly,
monthly or annual deductions from the compensation of the employees of the City of
Ithaca for the Tompkins County United Way purposes; provided, however, that
deductions must be authorized, in writing, by the individual employee and the
authorizations must be filed with the City Clerk.
Section 2. The following Sections of the City Charter shall hereby be labeled as “Reserved”:
§C-108. Reserved.
§C-110. Reserved.
§C-112. Reserved.
Section 3. Severability.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 4. Effective Date.
This Local Law shall take effect after it is filed in the office of the Secretary of State.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF HUMAN RESOURCES / CIVIL SERVICE
Telephone: 607 / 274-6539 Fax: 607 / 274-6574
Memorandum
To: City Administration Committee
From: Charter and Code Review Working Group
Date: June 16, 2011
RE: Proposed Revisions to City Charter and Code
Since its formation in early 2010, the Charter and Code Review Working Group has
been reviewing the City Charter and Code in depth, and has been discussing potential
changes to streamline and simplify the Charter and Code and to eliminate unnecessary,
obsolete, redundant, repetitive and contradictory language. Three proposed revisions
are being submitted to you for consideration, as follows. The purpose of the first two
amendments is to eliminate language in the City Charter that relates to employee
benefits that are either provided directly by state statute or are negotiated pursuant to
state statute. The purpose of the third amendment is to eliminate unnecessary and
obsolete language in the Charter pertaining to United Way payroll deductions.
Topic #1: State-mandated disability benefits for police officers and firefighters.
§C-108 of the City Charter references benefits that the City is mandated to provide
pursuant to §207-a and §207-c of NYS General Municipal Law. The City must provide
these benefits regardless of whether they’re referenced in the Charter. The current
Charter language simply states that the City will comply with the applicable state laws.
§C-108. Illness or injury of police officers and firefighters incurred in the performance of
duty.
Payment of salary, wages and medical and hospital expenses of police officers
and paid fire fighters shall be paid by the City of Ithaca in accordance with Article
10 of the General Municipal Law.
Topic #2: Vacation benefits for employees.
§C-110 of the City Charter references benefits that the City is mandated to negotiate
through its labor contracts. For unionized employees, vacation benefits are provided
through the City’s labor contracts. The City must provide these benefits as negotiated,
regardless of whether they’re referenced in the Charter. Vacation benefits for
managerial employees are provided through the Fringe Benefits for Managerial
Personnel Plan that was adopted by Common Council in October 1993. Confidential
Memo to City Administration Committee
Proposed Revisions to Charter C-108, C-110 and C-112
Page 2
2
employees are awarded vacation benefits in accordance with the provisions of the
CSEA Administrative Unit labor agreement, pursuant to Common Council resolution. As
vacation benefits are already authorized through other sources, there is no need for an
additional reference to them in the Charter.
§C-110 Vacations for certain employees.
A. Definitions. The term "City employee" shall include all employees of the City
except elected officials, members of the various City boards and commissions
and seasonal, temporary or per-diem employees.
B. Vacations. Vacation benefits for all City employees shall be granted and
accumulated in accordance with the terms specified in formal agreements
reached between City officials appointed as a negotiating committee
Topic #3: United Way payroll deductions.
§C-112 of the City Charter authorizes the City Clerk to make payroll deductions for
United Way donations. The Charter language is obsolete, as the City Controller
oversees the City payroll, not the City Clerk. Additionally, United Way donations are
only one of numerous payroll deductions that the City offers to its workforce. No other
payroll deductions have required authorization through the City Charter; United Way
donations do not require such authorization either.
§C-112. United Fund payroll deductions.
The City Clerk of the City of Ithaca is hereby authorized to make weekly,
semimonthly, monthly or annual deductions from the compensation of the
employees of the City of Ithaca for the Tompkins County United Way purposes;
provided, however, that deductions must be authorized, in writing, by the
individual employee and the authorizations must be filed with the City Clerk.
The proposed local law that implements these changes is attached. Please feel free to
contact any of the members of the Charter and Code Review Working Group for further
information or clarification.
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17. Finance/Controller’s Office
.1 Approval of 2009 Single Audit Report
RESOLVED, That the Independent Auditor’s Report for the period January 1, 2009 through
December 31, 2009 prepared by the accounting firm of Ciaschi, Dietershagen, Little and
Mickelson & Company, LLP be accepted to comply with all the City’s applicable Governmental
Accounting Standards Board (GASB) Statement 34 and other related audit and single audit
requirements.