City Council

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 www.danbury-ct.gov ELISA ETCHETO PHONE: 203-797-4514 LEGISLATIVE ASSISTANT FAX: 203-796-1529 e.etcheto@danbury-ct.gov PUBLIC HEARING NOTICE Who: City Council members When: 7 P.M. – Wednesday, July 16, 2025 Where: Chambers, 3rd Floor City Hall, 155 Deer Hill Avenue Purpose: 1. Amend Ord. Sec. 2-203: Purchasing and bidding procedure; reserve auction option. 2. Amend Ord. Sec. 2-204: Bidding Procedure 3. Amend Ord. Sec. 2-205: Purchases under (thirty-five) thousand dollars. 4. Amend Ord. Sec. 2-206: Award by purchasing agent; board of awards; cooperative purchasing. 5. Amend Ord. Sec. 2-207: Required contract provisions. 6. Amend Ord. Sec. 2-211: Disposal of surplus property. *Agenda Items on file in the Legislative Assistant’s Office and on the City website. Noticed: Dan Garrick, Director of Finance Chick Volpe, Purchasing Agent Corporation Counsel Kara Prunty, Asst. Finance Director Joanne Stark, Asst. Finance Director Mayor’s Office Posted: Town Clerk Information Board City Website Calendar  ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: Sec. 2-203. Purchasing and bidding procedure; reverse auction option. (a) Sealed bids. If the amount of the expenditure, purchase or contract for purchasing, including a continuing order or contract for the purchase of the same commodity over a period of twelve (12) months, involves the expenditure of thirty-five thousand dollars ($35,000.00) or more, for a list of related items commonly sold by the same vendors, the purchasing agent shall invite sealed bids or proposals, giving at least five (5) days' public notice thereof by publication at least once in a newspaper having circulation in the city, by invitations mailed to known vendors and by posting on in the office of the purchasing agent, and on the City’s website. All invitations to bid shall include detailed specifications or indicate where they can be obtained, shall specify the time and place where the bids shall be filed, the time and place where bids will be opened and the time after opening within which an award will be made or all bids rejected. The requirements for public notice and sealed bids concerning a purchase may be waived by the City Council after a determination that it is in the best interest to do so. The foregoing provisions of this subsection notwithstanding, invitations for sealed bids or proposals, at the discretion of the purchasing agent, shall not be required for contracts for services or where the proportion of services to materials for a particular job is at least seventy (70) percent labor. (b) Public bid opening. All bids received shall be publicly opened by the purchasing agent at the time and place specified and the full detail of each bid shall be recorded. The agent may, at his discretion, invite interested city personnel to the public opening if, in his judgment, it would be of benefit to the process. An abstract of the record of bids shall be posted for public inspection and shall have added to it information indicating the basis for awarding the contract or purchase order and the name of the successful bidder. Such abstract shall remain posted for five (5) days after the award has been made. (c) Failure to provide necessary information. If any prospective bidder fails, neglects or refuses to furnish the purchasing agent with such financial statements and other information as may be required to determine his responsibility as a bidder, his bid shall not be considered. If he fails, neglects or refuses to submit bids in response to not fewer than three (3) consecutive requests therefor on commodities of a class furnished by him, his name may be removed from the list of prospective bidders. Bid irregularities or informalities may be waived by the purchasing agent with prior approval of the office of the corporation counsel. (d) Certified check/bid bond. In connection with each advertised request for bids, the purchasing agent may require a certified check or a bid bond to be submitted with the bid, which checks or bid bonds shall be submitted subject to any requirements governing contracts for work to be done on city projects. A certified check or bid bond need not be required for the purchase of commercially available commodities. In the event any bidder shall refuse to accept, within a time specified by the purchasing agent, a contract awarded to him, he shall forfeit his bond to the city, and such contract may be awarded to the next lowest responsible qualified bidder, subject to the same terms and conditions as set forth herein. (e) Reverse auction. Pursuant to the provisions of C.G.S. § 4A-60b, whenever the City, through the Purchasing Agent, determines that the use of a reverse auction is advantageous to the City and will ensure a competitive contract award, the City may use a reverse auction to award a contract for goods or supplies, in accordance with any applicable requirement of the general statutes and policies of the City. The City may contract with a third party to prepare and manage any such reverse auction. The reverse auction process may be utilized for goods or supplies in lieu of a sealed bid or request for proposal provided that it is properly advertised and all other applicable award procedures are followed. (Code 1961, § 2-146; Ord. No. 425, 9-4-1991; Ord. No. 447, 8-4-1992; Ord. No. 28(2), § 2-146, 6-7-2016) State law reference(s)—Competitive bidding, C.G.S. § 7-148v.  ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury THAT Section 2-204 of the Code of Ordinances of Danbury, Connecticut is hereby amended to read as follows: Sec. 2-204. Bidding procedure. (a) Formal sealed bids shall be solicited by publication; by invitation mailed to known contractors and by posting in the office of the purchasing agent, and on the City’s website. All invitations to bid shall include detailed specifications or indication as to where they can be obtained, shall specify the time and place where the bids shall be filed, the time and place where bids will be opened and the time after opening within which an award will be made or all bids rejected. (b) Bids shall be opened at the time and place specified and the full details of all bids shall be recorded. (c) An abstract of the record of bids shall be posted for public inspection; shall have added to it information indicating the basis for awarding the contract and the name of the successful bidder; and shall remain posted for five (5) days after the award has been made. (d) If any prospective bidder shall neglect or refuse to furnish the purchasing agent with such financial statement and other information as may be required to determine his responsibility as a bidder, his bid shall not be considered. (e) The board of awards may waive any irregularities or informalities on any bids submitted.  ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: Sec. 2-205. Purchases under thirty-five thousand dollars ($35,000.00). (a) If the amount of expenditures is estimated to be less than thirty-five thousand dollars ($35,000.00), the purchase may be made in the open market without the necessity for formal advertising or competitive bidding, except that where the amount is estimated to be between ten thousand dollars ($10,000.00) and thirty-five thousand dollars ($35,000.00), written quotations from at least three (3) bidders are to be obtained whenever possible; where the amount is greater than three thousand dollars ($3,000.00) but less than ten thousand dollars ($10,000.00), at least three (3) verbal quotes for pricing shall be obtained. (b) Purchases or sales in sums less than three thousand dollars ($3,000.00) may be awarded based on a single bid, or competitive bids which may be sought and accepted orally. (c) Local purchase orders may be used at the discretion of the city department involved for work in progress with authorization by the purchasing agent, provided that such purchase order does not involve an amount greater than two hundred dollars ($200.00). (Code 1961, § 2-147; Ord. No. 425, 9-4-1991; Ord. No. 503, 6-6-1995; Ord. No. 28(1), § 2-147, 6-7-2016)  ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: Sec. 2-206. Award by purchasing agent; board of awards; cooperative purchasing. All awards for projects, materials or services, including "piggybacking" for projects, materials or services awarded by state, federal, educational, or such other recognized lawfully sanctioned consortia or cooperative awards serving the local government interest as determined by the purchasing agent, shall be made by the purchasing agent after consultation with the department involved in the purchase and in accordance with the provisions hereof so long as the dollar amount of such projects, materials or services does not exceed thirty-five thousand dollars ($35,000.00). All such awards involving expenditure of greater than thirty-five thousand dollars ($35,000.00) shall be awarded by the board of awards, which board shall be composed of any three (3) of the following individuals: the Director of Finance, the Corporation Counsel, the department head whose department is involved with the purchase or the purchasing agent. The duly designated assistant to such individuals may act in their place in the event of the absence of the board of awards member involved. (Code 1961, § 2-148; Ord. No. 425, 9-4-1991; Ord. No. 524, 3-4-1997; Ord. No. 27, § 2-148, 6-7-2016)  ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: THAT Section 2-207 of the Code of Ordinances of Danbury, Connecticut is hereby amended to read as follows: Sec. 2-207. Required contract provisions. (a) All contracts entered into by the City of Danbury for the construction, alteration or repair of any public building or public work and employing mechanics, laborers and workmen in the performance of work under the contract shall incorporate the following provisions: (1) Consistent with the requirements of section 8-7 of the Danbury Municipal Charter, concerning the employment of mechanics, laborers and workmen, the contractor and all lower tiered subcontractors shall give employment preference to citizens of the Danbury labor market area as established by the state labor commissioner in accordance with C.G.S. ch. 557, pt. III (C.G.S. § 31-52 et seq.) and C.G.S. § 7-112. (2) The contractor and all lower tiered subcontractors may hire mechanics, laborers and workmen who reside outside the Danbury labor market area if provisions of existing labor agreements prevent compliance with the requirements of this section, or if the specifically required skills are not available in the Danbury labor market. In either event, prior to commencement of performance, the contractor and all lower tiered subcontractors shall submit their reasons for such action in writing along with supporting documents to the City. Such documents may consist of, but need not be limited to, labor agreements, lists of names and addresses of mechanics, laborers and workmen or labor representatives contacted in the Danbury labor market area and lists of required positions for which personnel were not available in the Danbury labor market area. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the City to determine compliance with this section. In order to monitor compliance with this section the City may request relevant information and documentation from the contractor or from subcontractors at any time during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly. (3) Prior to the commencement of performance of contracts governed by this section the contractor shall forward a written statement indicating the name, address and occupational title of each mechanic, laborer and workman scheduled to perform work for the contractor under the contract. The contractor shall ensure that all lower tiered subcontractors provide similar information to the City with respect to their mechanics, laborers and workmen. The contractor and all subcontractors shall file written amendments to previously filed statements whenever new mechanics, laborers or workmen perform work under the contract. All such amended statements shall be filed before any new mechanic, laborer or workman commences work under the contract. (4) Every two (2) weeks during the term of the contract the contractor and all lower tiered subcontractors performing work under the contract shall forward payroll records to the City covering the preceding two-week contract period. (5) The contractor and all lower tiered subcontractors performing work under the contract must comply with the obligations established under state and federal laws to pay lawful prevailing rates to their employees. Pursuant to the provisions of C.G.S. § 31- 53(h), the prevailing wage requirements do not apply to rehabilitation, remodeling, refinishing, refurbishing, alteration or repair of any project where the total cost of all work performed by contractors and subcontractors is less than one hundred thousand dollars ($100,000.00) or, with respect to new construction, where the total cost of all work performed is less than one million dollars ($1,000,000.00). (b) All contracts entered into by the City of Danbury for the construction, alteration or repair of any public building or public work shall contain the following provisions providing for equal opportunity in employment. (1) The contractor and all lower tiered subcontractors agree and warrant that in the performance of work under this contract they shall not discriminate or permit discrimination in employment against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, sex, ancestry, present or past history of mental disability, mental retardation, learning disability or physical disability, including, but not limited to, blindness, or sexual orientation or civil union status, unless it is shown by such contractor or subcontractor that such disability prevents performance of the work under the contract. The contractor and all lower tiered subcontractors also agree that for purposes of monitoring compliance with the provisions of this section they shall provide the City with such information as may be requested concerning their employment practices and procedures. For purposes hereof, discrimination in employment shall include, but need not be limited to, employment advertising, recruitment, layoff, termination, rates of pay or other forms of compensation, conditions or privileges of employment and selection for apprenticeship. (2) The contractor and all lower tiered subcontractors shall post notices in conspicuous places on the project site describing the provisions of this subsection. (3) Nothing contained herein is intended or shall be construed to relieve any contractor or subcontractor from compliance with applicable federal or state law concerning equal employment opportunity, affirmative action or nondiscrimination. (c) All contracts entered into by the City of Danbury contemplating work utilizing trades or occupations for which state certified apprenticeship programs exist shall incorporate provisions requiring the contractor and all lower tiered subcontractors to be affiliated with such programs. The contractor or any lower tiered subcontractor may be relieved from compliance with the provisions of this subsection if provisions of existing labor agreements prevent compliance with the requirements hereof. In that event, prior to commencement of performance, the contractor or subcontractor shall submit their reasons for such action in writing along with supporting documents to the City. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the City to determine compliance with this section. In order to monitor compliance with this section the City may request relevant information and documentation from the contractor or from subcontractors at any time during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly. (d) All contracts entered into by the City of Danbury for the construction, alteration or repair of any public building or public work shall contain the following provisions concerning treatment of employees. (1) The contractor and all lower tiered subcontractors performing work under the contract shall properly classify workers as employees rather than as independent contractors and treat them accordingly for purposes of workers' compensation, insurance coverage, unemployment taxes, social security and income tax withholding. (2) The contractor and all lower tiered subcontractors must furnish, at their expense, hospitalization and medical benefits and coverage for all of their employees employed on the work under the contract. (3) For purposes of this subsection, any person who meets nine (9) or more of the following criteria shall be considered an employee: a. The person is required to comply with company instructions about when, where, and how work is done; b. The person has been trained by the company; c. The person is integrated into the company's general business operations; d. The person must render services personally; e. The person uses assistants provided by the company; f. The person has a continuing relationship with the company; g. The person is required to work a set number of hours; h. The person must devote substantially full time work to the company; i. The person works at the company's premises or job site; j. The person must perform work in a preset sequence; k. The person must submit regular progress reports; l. The person is paid by the hour, week, or month; payroll deductions include federal and/or state income taxes, FICA insurance; m. The person is reimbursed for all business and travel expenses; n. The person uses company tools and materials; o. The person has no significant investment in the facilities that are used; p. The person has no risk of loss; q. The person works for only one (1) company; r. The person does not offer services to the public; s. The person can be discharged by the company; t. The person can terminate the relationship without incurring liability. (4) The contractor and all lower tiered subcontractors performing work under the contract and utilizing the services of mechanics, laborers or workmen who are not classified as employees under this subsection shall provide written notice to said mechanics, laborers and workmen of their status as independent contractors. Said notice shall include a provision advising the mechanics, laborers and workmen that they are not eligible for workers' compensation, health insurance, or unemployment compensation from the contractor or subcontractor. (e) The contractor shall incorporate the requirements of this section in each subcontract and require that each subcontractor incorporate the requirements of this section in all subsequent subcontracts such that all lower tiered subcontractors performing work under the contract shall be bound by the terms hereof. (f) If after review the City determines that the contractor or any lower tiered subcontractor has failed to comply with this section, in addition to any other remedy available to it, the City may require corrective action to be taken by the contractor or it may terminate the contract.  ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2025 Be it ordained by the City Council of the City of Danbury: THAT Section 2-211 of the Code of Ordinances of Danbury, Connecticut is hereby amended to read as follows: Sec. 2-211. Disposal of surplus property. (a) Personal property. (1) In the event any material, equipment, furnishing or other personal property is no longer needed by any agency of the City, it shall be transferred to the custody of the purchasing agent. If the purchasing agent shall determine that no other agency has need for such item, he shall declare it surplus. Any such item or group of related items of two thousand five hundred dollars ($2,500.00) or less in value may be sold by the purchasing agent. If the value of any such item or group of items exceeds two thousand five hundred dollars ($2,500.00) but does not exceed five thousand dollars ($5,000.00), it, or they, may be sold by the purchasing agent with the approval of the Mayor, and in all other cases upon prior approval of the City Council. (2) Subsection (a)(1) of this section shall not apply to the trade-in of materials where the trade-in is to be considered in the offset of the price for materials, commodities or services sought to be purchased. (b) Real property. Whenever the City Council shall declare any real estate or public improvement surplus property, then in that event, unless the City Council shall determine that another means of disposal best serves the interests of the City of Danbury, said surplus property shall be disposed of as follows: (1) Publication of notice of sale and solicitation of offers to purchase shall be made and solicited by the purchasing agent. (2) Publication shall contain a detailed description of the property and said notice shall set forth the terms and conditions of the sale, including but not limited to the deposit payment necessary to accompany a bid or offer to purchase. The notice shall also contain the place, day and time when the sale will be held. (3) The purchasing agent shall have the right to reject any and all bids submitted. (4) The sale shall be approved by the board of awards established pursuant to this article. The purchasing agent and the board of awards may waive any irregularities or informalities in any bids submitted.