City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, August 3, 2020 5:30 p.m. Teleconference The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. View on Live on: Spectrum CHANNEL 1303 or on Verizon FiOS CHANNEL 38 You can also view the meeting LIVE at: http://www.openstagemedia.org/ (On the home page, select Government from the play window.) Claims 1 Scism v. City of Schenectady Andrew Koldin 2 New York State v. Towne Associates, et al. Andrew Koldin City Development & Planning 1 Sale of 306 Green Street Maurice Brown, III 2 Sale of 319 Twelfth Street Maurice Brown, III 3 Sale of 638 Brandywine Avenue Maurice Brown, III 4 Sale of 801 Davis Terrace Maurice Brown, III 5 Sale of 814 Altamont Avenue Maurice Brown, III 6 Sale of 1118 Waverly Place Maurice Brown, III 7 Authorize the Issuance of Revocable Permit No. 654 to Red Door Beauty Salon, LLC. for a Sign, Lights, and Planters that will Encroach the City’s Right-of-Way at 510 State Street, Chris Wallin Schenectady, New York Public Service & Utilities 1 ABAC – Electric Vehicle Charging Station Installation John P. Coluccio Discussion –Amendment of Chapter 248 of the City Code with Regards to Parking Meters 2 Ed Kosiur (PH 07/27/2020) Discussion – Amendment of the City Code Section 248-48 to Allow Sunday Traffic 3 Ed Kosiur Modification on Ostrander Place from Chrysler Avenue to Crane Street (PH 07/27/2020) 4 Discussion – Small Wireless Facilities (PH on 08/10/2020) Ed Kosiur Finance 1 Discussion – Waiving the Interest, Penalties, and Any Other Charges for Property Taxes Karen Zalewski-Wildzunas / Ed Kosiur 2 2020 Tax Anticipation Note Ordinance Anthony Ferrari 3 Discussion – Amending the 2020 Annual Action Plan (PH 07/27/2020) John Polimeni Administrative Efficiency 1 MWBE Policy Ron Gardner / John Mootooveren 2 Discussion – Amendment of Chapter 6 of the Code of the City of Schenectady Regarding Ed Kosiur Affirmative Action (PH 07/27/2020) Thursday, July 30, 2020  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: Claims DATE: August 3, 2020 TO: City Council FROM: Andrew Koldin, Corporation Counsel SUBJECT: Scism v. City of Schenectady Background Information: Case Status Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_______________ _________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: Claims DATE: August 3, 2020 TO: City Council FROM: Andrew Koldin, Corporation Counsel SUBJECT: New York State v. Towne Associates, et al. Background Information: Case Status Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_______________ _________  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 08/03/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: 306 Green St Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 08/03/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: 319 Twelfth Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 08/03/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: 801 Davis Terrace Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 08/03/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: 814 Altamont Ave Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 08/03/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: 1118 Waverly Pl Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: FINANCE DATE: August 3rd, 2020 TO: City Council FROM: John P. Coluccio, Signal Superintendent SUBJECT: Electric Vehicle Charging Station Installation – Award of Contract. TO BE PLACED ON COUNCIL AGENDA OF: August 10th, 2020 Background Information: The City of Schenectady advertised for a bid for the installation of 5 Level 2 Electric Vehicle Charging Stations with funding from National Grid’s Electric Transportation and Charging Program. The charging stations were acquired under a separate competitive bid. The request was advertised in the Daily Gazette as well as on BidNet Direct. Evaluation/Analysis: Five bids were returned ranging from $41,612.50 to $176,000. Two of the returned bids were disqualified for not using and/or obtaining the proper bidding documents as outlined in the specifications and a third bid was disqualified for not providing item pricing as also required by the specifications. The lowest remaining bidder which met the minimum requirements of the bid was Stilsing Electric Inc. of Rensselaer, New York with a total bid price of $62,256.50. The City of Schenectady was preapproved for $50,000 in rebate funding from National Grid’s Electric Transportation and Charging Program based on an early estimate but is able to submit to the program the actual cost of the installation for rebate. The City of Schenectady has proposed the installation of 10 Electric Vehicle Charging Stations on Liberty Street between Clinton Street and Lafayette Street in order to expand our current footprint of vehicle charging stations located in the City of Schenectady. This project is proposed to be funded from Smart City Capital Fund I921780-201 until the rebate from National Grid is obtained. Recommendation: We respectfully recommend that the City Council authorize the Mayor, or his designee, to enter into an agreement with Stilsing Electric Inc. of Rensselaer, New York to install Electric Vehicle charging stations as proposed and seek reimbursement from this available program. LEGISLATION WILL BE PREPARED BY: Law Department  BID SUMMARY TABULATION SHEET DEPARTMENT OF UTILITIES Received by the COMMITTEE ON BIDS of The City of Schenectady, NY at 10:30 A.M. Eastern Standard Time on the 29th day of July, 2020. Bids for: " ELECTRIC VEHICLE CHARGING STATION INSTALLATION" - JC07292020 BIDDER No. 1 BIDDER No. 2 BIDDER No. 3 PAY ITEM No. PAY ITEM DESCRIPTION QUANTITY UNIT Unit Price Unit Price Unit Price EXTENSION EXTENSION EXTENSION A 2 PORT LEVEL 2 CHARGING STATION - (INSTALL ONLY) 5 EA $1,000.00 $5,000.00 $1,800.00 $9,000.00 DNB DNB B CHARGING STATION - 62.5" - 104 MOUNTING POLE (INSTALL ONLY) 5 EA $500.00 $2,500.00 $800.00 $4,000.00 DNB DNB 206.03 CONDUIT EXCAVATION & BACKFILL 400 LF $10.00 $4,000.00 $100.00 $40,000.00 DNB DNB 619.01 BASIC WORK ZONE TRAFFIC CONTROL 1 LS $5,000.00 $5,000.00 $15,000.00 $15,000.00 DNB DNB C POLYMER CONCRETE RECT. PULLBOX 11" X 18" 3 EA $1,500.00 $4,500.00 $2,000.00 $6,000.00 DNB DNB D CONDUIT, RIGID PLASTIC, 3/4" DIA 130 LF $15.00 $1,950.00 $20.00 $2,600.00 DNB DNB 670.2601 CONDUIT, RIGID PLASTIC, 1" DIA 50 LF $25.00 $1,250.00 $30.00 $1,500.00 DNB DNB 680.2602 CONDUIT, RIGID PLASTIC, 2" DIA 110 LF $45.00 $4,950.00 $40.00 $4,400.00 DNB DNB 660.04040001 CONDUIT, RIGID PLASTIC, 4" DIA 100 LF $55.00 $5,500.00 $300.00 $30,000.00 DNB DNB MILBANK 400AMP -3PH 3R METER PEDESTAL 680.95110001 CAT#CP3B5451EK100DGCSSP1 W/CP-32PDMNT MNT BASE 1 EA $15,000.00 $15,000.00 $15,000.00 $15,000.00 DNB DNB 661.03040011 SERVICE CABLE 1 CONDUCTOR, #8 AWG (CHARGING STATIONS) 1320 LF $2.00 $2,640.00 $2.00 $2,640.00 DNB DNB 680.981000D CAT6 OUTDOOR ETHERNET CABLE 180 LF $6.00 $1,080.00 $2.00 $360.00 DNB DNB 680.5001 POLE EXCAVATION & CONCRETE FOUNDATION 6.5 CY $1,000.00 $6,500.00 $7,000.00 $45,500.00 DNB DNB Total - Base Bid: 1 LS $59,870.00 $176,000.00 $90,500.00 BIDDER No. COMPANY NAME ADDRESS C.A.P SECURITY DEPOSIT 1 DLC ELECTRIC LLC 479 STATE RTE 40 TROY, NY 12182 BB 2 HAROLD R. CLUNE INC. 30 PROSPECT ST. BALLSTON SPA, NEW YORK 12020 BB 3 SCHD'Y HARDWARE & ELECTRIC 155 ERIE BLVD SCHDY, NY 12305 BB DNB= DID NOT PROVIDE BID PRICING ON ITEM Page 1 of 1 Pages  BID SUMMARY TABULATION SHEET DEPARTMENT OF UTILITIES Received by the COMMITTEE ON BIDS of The City of Schenectady, NY at 10:30 A.M. Eastern Standard Time on the 29th day of July, 2020. Bids for: " ELECTRIC VEHICLE CHARGING STATION INSTALLATION" - JC07292020 BIDDER No. 4 BIDDER No. 5 BIDDER No. PAY ITEM No. PAY ITEM DESCRIPTION QUANTITY UNIT Unit Price Unit Price Unit Price EXTENSION EXTENSION EXTENSION A 2 PORT LEVEL 2 CHARGING STATION - (INSTALL ONLY) 5 EA $352.00 $1,760.00 $820.00 $4,100.00 B CHARGING STATION - 62.5" - 104 MOUNTING POLE (INSTALL ONLY) 5 EA $150.00 $750.00 $400.00 $2,000.00 206.03 CONDUIT EXCAVATION & BACKFILL 400 LF $40.00 $16,000.00 $15.00 $6,000.00 619.01 BASIC WORK ZONE TRAFFIC CONTROL 1 LS $1,900.00 $1,900.00 $4,500.00 $4,500.00 C POLYMER CONCRETE RECT. PULLBOX 11" X 18" 3 EA $466.67 $1,400.01 $1,100.00 $3,300.00 D CONDUIT, RIGID PLASTIC, 3/4" DIA 130 LF DNB DNB $2.00 $260.00 670.2601 CONDUIT, RIGID PLASTIC, 1" DIA 50 LF DNB DNB $2.00 $100.00 680.2602 CONDUIT, RIGID PLASTIC, 2" DIA 110 LF DNB DNB $3.00 $330.00 660.04040001 CONDUIT, RIGID PLASTIC, 4" DIA 100 LF DNB DNB $6.00 $600.00 MILBANK 400AMP -3PH 3R METER PEDESTAL 680.95110001 CAT#CP3B5451EK100DGCSSP1 W/CP-32PDMNT MNT BASE 1 EA $10,500.00 $10,500.00 $9,500.00 $9,500.00 661.03040011 SERVICE CABLE 1 CONDUCTOR, #8 AWG (CHARGING STATIONS) 1320 LF $1.63 $2,151.60 $1.10 $1,452.00 680.981000D CAT6 OUTDOOR ETHERNET CABLE 180 LF $4.89 $880.20 $3.90 $702.00 680.5001 POLE EXCAVATION & CONCRETE FOUNDATION 6.5 CY $6.50 $42.25 $4,525.00 $29,412.50 Total - Base Bid: 1 LS $48,459.31 $62,256.50 BIDDER No. COMPANY NAME ADDRESS C.A.P SECURITY DEPOSIT 4 PLUGIN STATIONS ONLINE 7 COTTON MILL LANE, VALATIE, NY 12184 $2,425 5 STILSING ELECTRIC INC. 500 SOUTH STREET, RENNSELAER, NY 12144 BB DNB= DID NOT PROVIDE BID PRICING ON ITEM Page 1 of 1 Pages  SIGNED ADDENDUM CONTRACTOR BID BOND? ITEMIZED PRICES? DOCUMENT? MEETS BID DOCUMENT REQUIREMENTS? STATUS NUMBERS OF DAYS TO COMPLETE BID AMOUNT 1 DLC ELECTRIC LLC Y YES NO DID NOT PROVIDE SIGNED ADDENDUM DISQUALIFIED 15 $59,870.00 2 HAROLD R. CLUNE INC. Y YES YES YES VALID BID 150 $176,000.00 3 SCHD'Y HARDWARE & ELECTRIC Y NO YES DID NOT ITEMIZE BID DISQUALIFIED 15 WORKING DAYS $90,500.00 DID NOT BID WITH CORRECT SHEETS - DID 4 PLUGIN STATIONS ONLINE CHECK YES NO NOT OBTAIN DOCUMENTS FROM CITY OR DISQUALIFIED BIDNET - NO ADDENDUM 7 $48,459.31 5 STILSING ELECTRIC INC. Y YES YES YES VALID BID 45 $62,256.50  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Service & Utilities Committee Date: Monday, August 03, 2020 From: Ed Kosiur Subject Discussion - Amendment of Chapter 248 of the City Code with Regard to Parking Meters (PH 07/27/2020) Background Info: Evaluation/Analysis Recommendation Friday, July 31, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Service & Utilities Committee Date: Monday, August 03, 2020 From: Ed Kosiur Subject Discussion - Amendment of the City Code Section 248-48 to Allow Sunday Traffic Modification on Ostrander Place from Chrysler Avenue to Crane Street (PH 07/27/2020) Background Info: Evaluation/Analysis Recommendation Friday, July 31, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Service & Utilities Committee Date: Monday, August 03, 2020 From: Ed Kosiur Subject Discussion - Small Wireless Facilities (PH on 08/10/2020) Background Info: Evaluation/Analysis Recommendation Friday, July 31, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, August 03, 2020 From: Karen Zalewski-Wildzunas / E Subject Discussion - Waiving the Interest, Penalties and any other Charges for Property Taxes Background Info: Evaluation/Analysis Recommendation Friday, July 31, 2020  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: FINANCE DATE: July 30, 2020 TO: City Council FROM: Anthony Ferrari SUBJECT: 2020 Tax Anticipation Note Ordinance TO BE PLACED ON COUNCIL AGENDA OF: August 10, 2020 Background Information: Due to Covid epidemic Revenues for the City have been decreasing since April 2020. To avoid any cash flow problems set up by the loss revenues The Finance advisors feel that a Tax Anticipation Note (TAN) be issued for up to $7 million dollars Evaluation/Analysis: The revenue shortfall for 2020 is anticipated to reach up to $12 million dollars. The administration has decrease expenditures and has not filled any vacancy to offset the loss. Budgets are being closely watched but Finance feels there is a need to Issue a TAN for cash flow for the rest of 2020 and going in to 2021.Payments will made to reduce the note from collections of unpaid taxes. . Recommendation: It is respectfully recommended that the Council pass the ordinance to issue a TAN.  EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL ADOPTING TAX ANTICIPATION NOTE ORDINANCE At a meeting of the City Council of the City of Schenectady, New York, duly held on the 10th day of August, 2020: Present: Absent: _______________________ presented the following ordinance and moved that it be adopted: ORDINANCE NO. 2020-__ TAX ANTICIPATION NOTE ORDINANCE DATED AUGUST 10, 2020 OF THE CITY COUNCIL OF THE CITY OF SCHENECTADY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,000,000 TAX ANTICIPATION NOTES IN ANTICIPATION OF THE RECEIPT OF REAL ESTATE TAXES AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHENECTADY: Section 1. The City of Schenectady (the “City”) is hereby authorized to issue not to exceed $7,000,000 of tax anticipation notes in anticipation of the collection of real estate taxes or assessments levied for the 2020 fiscal year (the “Notes”). The proceeds of the Notes shall be used only for the purposes for which the taxes or assessments were levied or for the redemption of notes in renewal of which they were issued, provided, however, that the proceeds of such Notes may be used for other lawful purposes if the purposes for which the taxes or assessments were levied have 20977947.1 been satisfied and there are no unpaid claims arising therefrom or appropriate provision has already been made for the payment of such unpaid claims. Section 2. The Notes shall mature within one year from the date of their issuance and may be renewed from time to time, but each renewal shall be for a period not exceeding one year. The Notes, or the renewals thereof, shall be retired within five years after their date of original issue and, in any event, not later than five years after the close of the fiscal year for which were levied the taxes in anticipation of the collection of which such notes were issued. Section 3. Subject to the provisions of the Local Finance Law, the power to sell and deliver the Notes in anticipation of the collection of real estate taxes, including renewals of such Notes is hereby delegated to the Director of Finance, the chief fiscal officer of the City. Such Notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Director of Finance, consistent with the provisions of the Local Finance Law. Section 4. The Director of Finance is hereby authorized to sign and the City Clerk is hereby authorized to attest any Notes issued pursuant to this Ordinance, and the City Clerk is hereby authorized to affix to such Notes the corporate seal of the City. Section 5. This Ordinance shall take effect immediately upon it adoption. -2- 20977947.1  The Motion having been duly seconded by __________________, it was adopted and the following votes were cast: AYES NAYS ABSENT -3- 20977947.1 STATE OF NEW YORK ) ) SS.: COUNTY OF SCHENECTADY) I, the undersigned Clerk of the City of Schenectady, do hereby certify as follows: 1. A Regular Meeting of the City Council of the City of Schenectady, State of New York, was duly held on August 10, 2020, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the Minutes of meetings of said City Council. I have compared the attached Extract with said Minutes so recorded and said Extract is a true copy of said Minutes and of the whole thereof insofar as said Minutes relate to matters referred to in said Extract. 2. Said Minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. 3. Public Notice of the time and place of said meeting was duly given to the public and the news media in accordance with the Open Meetings Law, constituting Chapter 511 of the Laws of 1976 of the State of New York, and that the members of said City Council had due notice of said meeting and that the meeting was in all respects duly held and a quorum was present and acted throughout. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the City of Schenectady this ____ day of August, 2020. City Clerk [SEAL] -4- 20977947.1  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, August 03, 2020 From: John Polimeni Subject Discussion - Amending the 2020 Annual Action Plan (PH 07/27/2020) Background Info: Evaluation/Analysis Recommendation Friday, July 31, 2020  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Administrative Efficiency Committee Date: Monday, August 03, 2020 From: Ron Gardner Subject MWBE Policy Background Info: Evaluation/Analysis Recommendation Friday, July 31, 2020  City of Schenectady 2020 MWBE and Workforce Goals Administrative Regulations and Procedures Background In an effort to achieve a workforce that reflects the demographics diversity of the City Of Schenectady, the City has devised the following goals for Minority and Women Business Enterprises (MBE/WBE) participation as well as Equal Employment Opportunity (EEO). The City Of Schenectady establish the goal for MWBE’s as percentages of annual contract awards for contracts over $100,000.00 for three types of city contracts, Public Works Construction, Public Works Consultants, Professional Services Consultants, with the aggregate minority and women awards goals as shown in table 1. The City of Schenectady will use a weighted scoring system outlined in table 2 to encourage and assist contractors in reaching the stated MWBE goals. The City of Schenectady establish the goal that MWBE’s will receive as percentages of annual contract awards for city commodity (goods and services ) contracts as shown in Table 3. The City Of Schenectady establishes the Workforce EEO goals to be phased in as illustrated in Table 4. Public works construction contracts exceeding $250,000.00 may only be awarded to contractors and subcontractors that have an approved apprenticeship program. Please direct any questions you may have regarding this information to: Ronnie Gardner Affirmative Action Officer City Hall, 105 Jay Street Room 2 Schenectady, NY 12305 Phone 518-382-5199 Ext 5374 Email Rgardner@schenectadyny.gov MWBE and Workforce Goals Administrative Regulations and Procedures  Table of Contents Part 1 – MWBE Goals Section 1. Who Qualifies for MWBE Status for Purposes of Meeting City Goals Section 2. Procedures for MWBE Requirements: Public Works Contracts Section 3. Procedures for MWBE Requirements: Professional Services Consulting Contracts including Public Works Consulting Contracts Section 4. Procedures for MWBE Requirements: Purchases of Goods and Services Part 2 – Workforce Goals Section 1. Overall Requirements Section 2. Procedures for Workforce Requirements: Public Works Contracts Section 3. Procedures for Workforce Requirements: Professional Services Consulting Contracts including Public Works Consulting Contracts Part 3 - Responsibilities of Departments Part 4 - Duties of the MWBE Office MWBE and Workforce Goals Administrative Regulations and Procedures Part 1 – MWBE Goals Section 1. Who Qualifies for MWBE Status for Purposes of Meeting City Goals 1.1.APPLICATION. A contractor, vendor or consultant shall be eligible for meeting the City of Schenectady MWBE goals if: 1.1.1 It is a state-certified MWBE at the time of the contract award. State certification requires that a business be at least 51% owned and controlled by minorities (M), women (W), or both. Minority shall be defined consistent with state and federal definitions, e.g. Black, Hispanic, American Indian or Alaskan Native, Asian – Indian Subcontinent, and Asian Pacific. State certified shall mean that the MWBE business has a valid current certification as listed in the Empire State Development (ESD) directory, or has been approved through another state agency MWBE or DBE certification process, or is under recertification review by ESD if verified and approved by the Affirmative Action Officer. 1.1.2 The contractor, vendor or consultant has bona fide offices and operations in the Empire State Development (ESD) Capital Region, which includes the following counties: Albany, Schenectady, Saratoga, Rensselaer, Columbia, Greene, Schoharie, Montgomery, Washington, Warren and Fulton. 1.1.3 The Affirmative Action Officer is authorized to approve the use of state-certified businesses from outside this region if the Affirmative Action Officer determines that a contract requires either specialty work that cannot reasonably be subcontracted to an MWBE business, or there is a lack of qualified responsive and responsible MWBE companies in the region to perform the work. MWBE and Workforce Goals Administrative Regulations and Procedures Section 2 Procedures for MWBE Requirements: Public Works Contracts TABLE 1 Public Works Construction Projects Contract Type Aggregate Annual Aggregate Annual Aggregate Annual Award Award Minorities Award Women Public Work Construction 23% 11.5% 11.5% Contracts After August 1, 2020 Public Works Consultants After 23% 11.5% 11.5% August 1, 2020 2.1 APPLICATION. The City’s MWBE goals shall apply to all City public works projects; unless state or federal or grantee goals are required that supersede City requirements. The City’s MWBE goals do not replace any state or federal or grantee goals, but may add to such goals if permitted. 2.1.1 Public works contracts shall include, but not be limited to contracts for work in or on city streets, sidewalks, bridges, water infrastructure, utility infrastructure, parks, recreational facilities, and buildings, and any other non-City owned facilities for which the City is otherwise responsible for constructing or maintaining. Demolition contracts established by the City shall be classified as public works contracts. 2.1.2 Public works term service and maintenance contracts that are awarded based on unspecified quantities and/or time frames for work on infrastructure and facilities (in other words, are not awarded on the basis of a discrete Total Bid Price where quantities and timing of orders can be reasonably estimated) shall be classified as City commodity contracts for the purposes of meeting MWBE goals. 2.2 CONTRACT REQUIREMENTS. The requirements and procedures for meeting the MWBE goals for public works contracts shall be as set forth in the contract documents. These may be amended from time to time with the approval of the Affirmative Action Officer and the Corporation Counsel, and consistent with subsequent amendments. 2.3 PRIOR APPROVAL OF BID DOCUMENTS. Prior to advertisement for bids for a public works contract, the Affirmative Action Officer shall review and approve the bid documents. Any changes required by the Affirmative Action Officer shall be made prior to publishing the bid documents. MWBE and Workforce Goals Administrative Regulations and Procedures 2.4 APPROVAL OF MWBE UTILIZATION PLAN. The Affirmative Action Officer shall review the MWBE Participation Plan (Form P) submitted with the bids received and shall work with the apparent low bidder as recommended by the department to develop an acceptable MWBE Utilization Plan, on a form designated by the City (Form A). The Affirmative Action Officer is authorized to adjust individual contract goals by waivers, or to permit the use of state-certified MWBE’s from outside the region if the contract requires either specialty work that cannot reasonably be subcontracted to an MWBE business, or there is a lack of qualified responsive and responsible MWBE companies in the region to perform the work. In approving the MWBE Utilization Plan for a contract, the Affirmative Action Officer will use appropriate discretion to ensure that the City’s annual aggregate MWBE goals for public works contracts are met. 2.4.1 The Affirmative Action Officer must approve an MWBE Utilization Plan, which shall become incorporated into the contract documents, prior to the contract being executed by the Director of Finance and Purchasing Agent . 2.4.2 An otherwise low bidder who fails to provide an MWBE Utilization Plan that the Affirmative Action Officer will approve shall be declared non-responsive, and the City will proceed to award the contract to the lowest responsive and responsible bidder. 2.5 CHANGE ORDERS. If any individual contract change order is 5% or more, or if any change order brings the total net cumulative amount of change orders to the initial contract award to 5% or more, the contractor must submit a revised MWBE Utilization Plan for approval by the Affirmative Action Officer. A Form A MWBE Utilization Plan revision must be submitted and approved each time a new change order occurs after the 5% threshold has been reached. The Affirmative Action Officer may also issue a revised MWBE Utilization Plan for unforeseen changes, such as changes in the availability of MWBE subcontractors during the term of the contract. 2.6 CONTRACTOR REPORTING REQUIREMENTS. The Contractor shall submit periodic MWBE utilization reports to the City, on forms or on a web based system provided by the City. A completed MWBE Form W - Subcontractor/Supplier Payment Certification Form (Form W) and MWBE Form F - Report of MWBE Utilization (Form F). These forms shall be submitted with each application for payment until these forms are superseded by the web based system. In order for the City to determine if MWBE subcontractors are being utilized according to the Approved Form A MWBE Utilization Plan, the contractor is required to submit a payment application/invoice to the City a minimum of once every ninety (90) days after the date of the Notice to Proceed/start of work and continuing during the term of the project/contract. MWBE and Workforce Goals Administrative Regulations and Procedures 2.6.1 GOOD FAITH EFFORTS 49 CFR Appendix A to Part 26 - Guidance Concerning Good Faith Efforts Appendix A to Part 26 - Guidance Concerning Good Faith Efforts I. When, as a recipient, you establish a contract goal on a City Of Schenectady -assisted contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by MWBE / SECTION 3 firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a MWBE / SECTION 3 goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MWBE / SECTION 3 participation, even if they were not fully successful. II. In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, you have the responsibility to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made, based on the regulations and the guidance in this Appendix. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain MWBE / SECTION 3 participation sufficient to meet the MWBE / SECTION 3 contract goal. Mere pro forma efforts are not good faith efforts to meet the MWBE / SECTION 3 contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call. Determinations should not be made using quantitative formulas. III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of MWBE / SECTION 3 participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain MWBE / SECTION 3 participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. (1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified MWBE / SECTION 3 s that have the capability to perform the work of the contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all MWBE / SECTION 3 s listed in the State's directory of transportation firms that MWBE and Workforce Goals Administrative Regulations and Procedures specialize in the areas of work desired (as noted in the MWBE / SECTION 3 directory) and which are located in the area or surrounding areas of the project. (2) The bidder should solicit this interest as early in the acquisition process as practicable to allow the MWBE / SECTION 3 s to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the MWBE / SECTION 3 s are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by MWBE / SECTION 3 s in order to increase the likelihood that the MWBE / SECTION 3 goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate MWBE / SECTION 3 participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates MWBE / SECTION 3 participation. C. Providing interested MWBE / SECTION 3 s with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract. D. (1) Negotiating in good faith with interested MWBE / SECTION 3 s. It is the bidder's responsibility to make a portion of the work available to MWBE / SECTION 3 subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MWBE / SECTION 3 subcontractors and suppliers, so as to facilitate MWBE / SECTION 3 participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of MWBE / SECTION 3 s that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for MWBE / SECTION 3 s to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including MWBE / SECTION 3 subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using MWBE / SECTION 3 s is not in itself sufficient reason for a bidder's failure to meet the contract MWBE / SECTION 3 goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from MWBE / SECTION 3 s if the price difference is excessive or unreasonable. E. (1) Not rejecting MWBE / SECTION 3 s as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non- solicitation of bids in the contractor's efforts to meet the project goal. Another practice considered an insufficient good faith effort is the rejection of the MWBE / SECTION 3 because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals. MWBE and Workforce Goals Administrative Regulations and Procedures (2) A prime contractor's inability to find a replacement MWBE / SECTION 3 at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original MWBE / SECTION 3 . The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement MWBE / SECTION 3 , and it is not a sound basis for rejecting a prospective replacement MWBE / SECTION 3 's reasonable quote. F. Making efforts to assist interested MWBE / SECTION 3 s in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. Making efforts to assist interested MWBE / SECTION 3 s in obtaining necessary equipment, supplies, materials, or related assistance or services. H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of MWBE / SECTION 3 s. V. In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average MWBE / SECTION 3 participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As provided in § 26.53(b)(2)((vi), you must also require the contractor to submit copies of each MWBE / SECTION 3 and non-MWBE / SECTION 3 subcontractor quote submitted to the bidder when a non-MWBE / SECTION 3 subcontractor was selected over a MWBE / SECTION 3 for work on the contract to review whether MWBE / SECTION 3 prices were substantially higher; and contact the MWBE / SECTION 3 s listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Pro forma mailings to MWBE / SECTION 3 s requesting bids are not alone sufficient to satisfy good faith efforts under the rule. VI. A promise to use MWBE / SECTION 3 s after contract award is not considered to be responsive to the contract solicitation or to constitute good faith efforts. 2.7 FAILURE TO MEET THE APPROVED GOALS, If a contractor fails to provide required reports and forms that demonstrate the contractor’s success in meeting the goals set in the initial or subsequent approved form A MWBE utilization plan, the City has the right to withhold payment for failure to submit required documentation per Section 13.3 of the Special Terms and Conditions of the contract documents. If a contractor fails to meet the goals set in the Final MWBE Utilization Plan (i.e. the initial Form A or last dated revision), The Purchasing Supervisor shall take such failure into account in determining whether or not the contractor is a responsible bidder, for purposes of evaluating subsequent bids submitted by that contractor. MWBE and Workforce Goals Administrative Regulations and Procedures Section 3. Procedures for MWBE Requirements: Professional Services Consulting Contracts. 3.1 APPLICATION. The City’s MWBE goals shall apply to all City professional services consulting contracts, including public works consulting contracts, over $10,000, unless state, federal or grantee goals are required that supersede City requirements. The City’s MWBE goals do not replace any state or federal or grantee goals, but may add to such goals if permitted. While any individual Professional Services Agreement (PSA) for professional services consulting and public works consulting may or may not meet the overall and minority category goals, it is the City’s policy to achieve the goals in aggregate based on the annual value of contracts awarded. Therefore, departments are expected to strive to meet or exceed the goals on as many contracts as possible. 3.1.1 MWBE goals shall apply to all professional services consulting contracts, including public works consulting contracts. “Consulting Services” shall be those professional services that are provided by a consultant based upon the accumulation of information, the synthesis of that information into conclusions, and the preparation and transmittal of recommendations for action – all informed and guided by the knowledge, experience and specialized training of the consultant. A consultant is an experienced professional or firm in a given field who provides expert advice to the City or acts for the City in a particular area for a fee, including but not limited to the following areas: engineering, architecture, finance, security, management, education, accountancy, law, human resources, marketing and information technology. 3.1.2 The Mayor has discretion over Professional Services Contracts 3.2 CONTRACT AND RFP REQUIREMENTS. Departments shall follow the PSA/RFP policy and procedures as set forth by the Mayor. For each RFP and PSA for a professional services or public works consulting contract, the RFP and PSA shall include MWBE goals language as provided in the Professional Services Agreement Form approved by the Law Department per Appendix 1. Respondents to the RFP are expected to address the MWBE goals requirements specified in the RFP. Departments shall award respondents the additional MWBE evaluation weighting points specified in Table TABLE 2 Additional Evaluation Weighting Points for MWBE Goals Responding Company Weight Awarded Prime Contractor is an MWBE 10% Prime Uses 10%-20% MWBE Subcontractors 5% Prime Uses More Than 20% MWBE Subcontractors 10% MWBE and Workforce Goals Administrative Regulations and Procedures 3.2.1 The evaluation weighting points for use of one or more subcontractors shall be based on how the prime contractor will utilize MWBE subcontractors, shown as either a percent of the total contract dollar amount or as a percent of the total full-time-equivalent labor hours budgeted for this project 3.3 PRIOR APPROVAL OF RFP. Prior to advertising, publishing and distributing the RFP for a professional services consulting or public works consulting contract, the department shall ensure that the Affirmative Action Officer has reviewed the RFP for the relevant MWBE and workforce goals language and forms. The review process will provide the opportunity for the Affirmative Action Officer to work with the department to identify potential MWBE consultants for the work and determine if a waiver of the MWBE goals is appropriate given the type of work required and the availability of qualified MWBE’s. 3.4 PRIOR APPROVAL OF RECOMMENDATION FOR AWARD. Departments are required to have the Affirmative Action Officer review the recommendation for award prior to the department submitting the Mayor’s transmittal letter to City Council for authorization for all proposed PSA’s. As part of this review, the Affirmative Action Officer and the Law Department will determine whether or not the proposed PSA is subject to the MWBE and workforce goals per Section 3.1. NOTE – since MWBE and workforce goals apply to all professional services consulting contracts, even if a department does not issue an RFP to obtain a contract with a professional consultant, the department is still required to review the proposed PSA with the Affirmative Action Officer. 3.4.1 The Affirmative Action Officer will review the proposed MWBE and workforce plans and work with the department to make any preliminary adjustments with the proposed consultant that demonstrate the consultant’s understanding of and commitment to the City’s MWBE and workforce goals 3.4.2 This review will include verifying that the prime consultant and/or any subcontractors are certified MWBE’s in order to qualify for any MWBE evaluation weighting points. 3.5 APPROVAL OF MWBE UTILIZATION PLAN. After City Council has authorized entering into the PSA, the department shall work with the consultant and the Affirmative Action Officer to complete the Form A MWBE Utilization Plan and related documents. The Affirmative Action Officer shall review the Plan, and once approved, the Plan shall be incorporated into the contract documents. NOTE – since the MWBE requirements apply to all professional services consulting and public works consulting contracts, even if a department does not issue an RFP to obtain a contract with a professional consultant, the department must review the proposed contract with the Affirmative Action Officer to ensure that an approved MWBE Utilization Plan is incorporated into the agreement. 3.6 CHANGE ORDERS. If the contract incorporates the use of MWBE subcontractors, the agreement requires that the consultant shall notify the authorized City agent (the MWBE and Workforce Goals Administrative Regulations and Procedures  department) if a change occurs that will result in a significant (5% or more) increase or decrease in the MWBE Utilization Plan goals. If so, the consultant is expected to submit a revised MWBE Utilization Plan, which must be approved by the Affirmative Action Officer. The Affirmative Action Officer may also issue a revised MWBE Utilization Plan for unforeseen changes such as changes in the availability of MWBE subcontractors during the term of the contract. Revised plan(s) will become incorporated into the agreement as an amendment. 3.7 CONSULTANT REPORTING REQUIREMENTS. If the contract incorporates the use of MWBE subcontractors, the consultant shall submit to the department an MWBE Form W - Subcontractor/Supplier Payment Certification Form (Form W) and MWBE Form F - Report of MWBE Utilization (Form F). These forms shall be submitted with each application for payment until these forms are superseded by the web based system. When the department receives an invoice and forms F and W, the department shall transmit copies of those forms (until the web based reporting system is utilized) to the Affirmative Action Officer and Contract Compliance unit of the Department of Finance. In order for the City to determine if MWBE subcontractors are being utilized according to the approved Form A MWBE Utilization Plan, the consultant is required to submit a payment application/invoice to the City a minimum of once every ninety (90) days after the date of the Notice to Proceed/start of work and continuing during the term of the project/contract. 3.8 FAILURE TO MEET THE GOALS IN THE APPROVED MWBE UTILIZATION PLAN. The contract agreement language stipulates that failure to submit the required MWBE utilization reports and documents shall constitute a default in the performance of the agreement subject to potential termination for default by the City. In addition, if the consultant fails to meet the goals in the most recent approved MWBE Utilization Plan, such failure may result in disqualification from award of future contracts with the City unless the consultant has demonstrated a good faith effort to meet the goals set forth in Ordinance No. 2018-54 for future agreements. Section 4. Procedures for MWBE Requirements: Commodity Contracts - Purchases of Goods and Services. TABLE 3 Commodity Contracts Contract Type Aggregate Annual Aggregate Annual Aggregate Annual Award Award Minorities Award Women Commodity Contracts After 10% 5% 5% August 1, 2020 MWBE and Workforce Goals Administrative Regulations and Procedures 4.1 The Purchasing Supervisor shall develop practices and procedures to meet the annual MWBE goal set forth in Table 4 for City commodities (goods and services) contracts. 4.2 The Purchasing Supervisor is authorized to utilize best value bids for City purchase and services bids, consistent with Article 8A of City Code, and to permit a 5% price advantage to MWBE bidders for contracts awarded on the basis of best value. 4.3 The Purchasing Supervisor shall submit quarterly and annual reports to the Affirmative Action Officer including the total value of all purchase orders issued against City contracts, the total value of those purchase orders that were issued to MWBE’s, and any other tracking information requested by the Affirmative Action Officer to demonstrate efforts and abilities to meet the MWBE goals specified. MWBE and Workforce Goals Administrative Regulations and Procedures Part 2 – Workforce Goals Section 1. Overall Requirements. TABLE 4 Workforce Goals on Public Works Contracts, Construction Contracts Contracts Aggregate Annual Aggregate Annual Aggregate Annual Award Award Minorities Award Women After August 1, 2020 12% 7% 5% After January 1, 2021 17% 10% 7% After January 1, 2022 20% 12% 8% 1.1 APPLICATION. The City’s workforce goals shall apply to all City public works contracts and professional services consulting contracts, including public works consulting contracts, over $100,000, unless state, federal or grantee goals are required that supersede City requirements. The City’s workforce goals do not replace any state or federal or grantee goals, but may add to such goals if permitted. Section 2. Procedures for Workforce Goals Requirements: Public Works Contracts 2.1 APPLICATION. The City’s workforce goals shall apply to all City public works projects, unless state or federal or grantee goals are required that supersede City requirements. 2.1.1 Public works contracts shall include, but not be limited to contracts for work in or on city streets, sidewalks, bridges, water infrastructure, utility infrastructure, parks, recreational facilities, and buildings, and any other non- City owned facilities for which the City is otherwise responsible for constructing or maintaining. Demolition contracts established by the City shall be classified as public works contracts. 2.1.2 Public works term service and maintenance contracts that are awarded based on unspecified quantities and/or time frames for work on infrastructure and facilities (in other words, are not awarded on the basis of a discrete Total Bid Price where quantities and timing of orders can be reasonably estimated) shall be classified as City commodity contracts for the purposes of meeting MWBE goals. 2.2 CONTRACT REQUIREMENTS. The requirements and procedures for meeting the workforce goals for public works contracts shall be as set forth in the contract documents, Special Laws and Regulations (SLR). These may be amended from time to time with the approval of the Affirmative Action Officer and the Corporation Counsel, and consistent with Ordinance No. 2018-54 or subsequent revisions. Key requirements are: 2.1 The prime contractor and all subcontractors are required to submit a Workforce Staffing Plan prior to the initiation of any work. MWBE and Workforce Goals Administrative Regulations and Procedures 2.2 The Workforce Staffing Plan(s) shall be reviewed by the Affirmative Action Officer, and once signed by the Affirmative Action Officer, shall become an integral part of the performance agreement between the parties. 2.3 Workforce goals may be met in the aggregate by any combination of prime and subcontractor employees, independent owner operators and supervisors who work on the job 2.3 PRIOR APPROVAL OF BID DOCUMENTS. Prior to advertisement for bids for a public works contract, the Affirmative Action Officer shall review and approve the bid documents. Any changes required by the Affirmative Action Officer shall be made prior to publishing the bid documents. 2.4 WORKFORCE UTILIZATION REPORTS. The requirements and procedures for submitting workforce utilization information during the term of the contract shall be as set forth in the contract documents, Special Laws and Regulations (SLR). Key requirements are: 2.4.1 Workforce utilization will be tracked through certified payrolls. 2.4.2 Independent owner operators and supervisory personnel who work on the job will be counted for meeting workforce goals. 2.5 CHANGE ORDERS. Aggregate workforce utilization goals shall apply to and reflect any and all change orders authorized during the course of the contract. 2.6 CONTRACTOR REPORTING REQUIREMENTS 2.6.1 The prime contractor and all subcontractors shall be required to submit certified payrolls that, in addition to meeting the requirements of Labor Law, include worker category, minority and gender information for each employee on the payroll. Additional information for independent owner operators and supervisory personnel who work on the job shall also be reported as appropriate. This information will be reported to the City on a form acceptable to the City, which may be paper or on a web based system provided by the City. 2.6.2 The information provided in Section 2.6.1 shall be reviewed by the City and tracked to determine actual employees utilized on the project. The City reserves the right to require the contractor to provide monthly and cumulative summary reports on a form acceptable to the City. This information will be the basis for determining how the workforce goals were met. Failure of the contractor to provide these reports shall be deemed a default of the contract. 2.6.3 The workforce goals outlined in table 2 may be met in aggregate by any combination of prime contractor and subcontractor employees, including independent owner operators and supervisory personnel. Workforce M and W utilization shall be calculated by determining the total hours of all employees paid and the corresponding percentage of hours worked by minority (M) employees and female (W) employees. However, if it appears that the workforce goals are MWBE and Workforce Goals Administrative Regulations and Procedures not being met or are not likely to be met during the course of the contract, the City reserves the right to require the contractor to demonstrate what steps will be taken to ensure that, by the end of the work of the contract, the workforce goals will be met. 2.6.4 In order for the City to determine if workforce goals are being met, the Contractor is required to submit a payment application/invoice to the City a minimum of once every ninety (30) days after the date of the Notice to Proceed/start of work and continuing during the term of the project/contract. Training Requirements for Construction Contract The City Of Schenectady requires all construction contracts that are greater than ($100,000.00) one hundred thousand dollars in total construction cost and is anticipated to exceed 6 months of construction; to include a detailed and well defined plan on how they will provide a certified pre-apprenticeship or apprenticeship training programs to at least (1) one Section 3 Resident in its priority order. (1) One additional Section 3 Resident in its priority order will be provided training for every additional ($500,000) five hundred thousand to ($1,000,000.00) one million dollars of the total contract value. The training plan and trainings must be aligned with the scope of work in the contract and approved by The City of Schenectady. A training program participant can only count for (1) one training slot per total contract amount. Those who do not offer a certified pre-apprenticeship or apprenticeship training program will contribute into the City Of Schenectady Section 3 Training Fund as prescribed in the chart listed below. Total Contract Amount # of Section 3 Contribution to CITY OF SCHENECTADY Training Fund if Training / Interns At least $100,000, but less than 1 hi 6% iofi the Total Contract hi Sl Value up to $500,000 At least $500,000, but less than 2 $ 5% of the Total Contract Value up to $ At least $1,000,000, but less than 3 $ 4% of the Total Contract Value up to $ At least $2,000,000, but less than 4 $ 3% of the Total Contract Value up to $ At least $4,000,000, but less than 10 $ of the Total Contract Value up to 2% $7,000,000.00 $ 2.7 FAILURE TO MEET WORKFORCE GOALS. A contractor’s failure to meet the aggregate workforce goals at the time the final payment application for this contract is submitted may be a basis for the City to declare the contractor non-responsive on future bid submissions. MWBE and Workforce Goals Administrative Regulations and Procedures Part 3 - Responsibilities of Departments Each department that is the administrator/owner of a public works contract, public works consulting contract, or professional services consulting contract, is responsible for administering their contracts to meet the MWBE and workforce participation goals specified in Ordinance No. 2018-54 and these regulations and procedures. To that end, departments shall: 1. Ensure that any bids or RFP’s issued by the department include MWBE and workforce goals language as specified in these administrative regulations and procedures. 2. Prior to issuing a bid or RFP, submit the bid or RFP to the Affirmative Action Officer for review and approval at least three business days prior to publishing and advertising bids or RFP’s. Or, if no RFP is issued, the department must ensure that the selected consultant fully understands the MWBE and workforce goals requirements. 3. Ensure that prospective respondents are made aware of the new MWBE and workforce requirements. This shall include, but not be limited to: 3.1 Clearly marked and highlighted at the front of each bid specification and/or RFP a summary of the new MWBE and workforce goal requirements. RFP’s should have similar language referencing the appropriate section(s) of the RFP. 3.2 Clearly identify the new requirements in the announcement of the bid or RFP. 3.3 Clearly identify where the new MWBE and workforce requirements may be found in the specification or RFP. 3.4 Discuss the MWBE and workforce requirements at any pre-bid/pre-proposal meeting with potential bidders or respondents. NOTE – even if the department does not issue an RFP to obtain consulting services, the department must notify the potential consultant of the MWBE and workforce goals that will be incorporated into the Agreement. 4. Ensure that public bids and responses to RFP’s that are received include sufficient documentation to demonstrate how the bidder/respondent plans to meet the MWBE and workforce goals. 5. Prior to submitting the Mayor’s transmittal letter to City Council for authorization for all proposed PSA’s, ensure that the Affirmative Action Officer has reviewed the MWBE and workforce plans submitted by the recommended consultant or contractor. 6. After City Council has authorized a PSA that includes MWBE and/or workforce goals, work with the consultant to obtain a Form A MWBE Utilization Plan that is approved by the Affirmative Action Officer, and a Workforce Staffing Plan that is reviewed by the Affirmative Action Officer. Both the MWBE Utilization Plan and the Workforce Staffing Plan will be incorporated into the Agreement. MWBE and Workforce Goals Administrative Regulations and Procedures To summarize, departments interact with the Affirmative Action Officer at the following points in the RFP/PSA process: A). Prior to release of an RFP. Send the RFP to the Affirmative Action Officer, who will do a quick format review and offer department suggestions for potential respondents. As part of this review, the department may request that the Affirmative Action Officer and the Law Department determine whether or not the proposed PSA is a public works/professional services consulting contract subject to MWBE and workforce goals. B).Prior to submittal to Council. The Affirmative Action Officer is required to review each PSA submitted as part of the Mayor’s transmittal letter information package requesting authorization from City Council. As part of this review, the Affirmative Action Officer and the Law Department will determine whether or not the proposed PSA is subject to MWBE and workforce goals if this hasn’t been determined previously. C). After Council authorization and before routing the Agreement in MUNIS. The department is required to obtain a Form A MWBE Utilization Plan that is approved by the Affirmative Action Officer, and a Workforce Staffing Plan that is reviewed by the Affirmative Action Officer and incorporated into the Agreement. After the Agreement has been executed, departments: 7. Collect MWBE and workforce utilization reports required to be submitted, and not approve payments until such reports have been properly submitted, either in paper form or on the web based system provided by the City. This shall include ensuring that all information regarding MWBE and/or DBE and/or workforce utilization required by other funding agencies or grantors is properly submitted by the contractor/consultant and transmitted to the funding agency to meet their requirements. Copies of these forms (or the relevant data as provided in the City’s web based system) must be transmitted to the Affirmative Action Officer and Contract Compliance unit in Finance by the department. 8. Notify the Affirmative Action Officer of any changes to the original contract so that MWBE and workforce utilization plans are properly adjusted. 9 Provide information as the contract administrator to any funding agency or grantor that is required to demonstrate compliance with that agency’s MWBE and/or DBE and/or workforce utilization and other affirmative action goals. 10. Assist the Affirmative Action Officer as requested to ensure that City, state and federal MWBE, DBE, workforce and other affirmative action goals required by grantors are being met and reports are filed as required. 11. Provide the Affirmative Action Officer with an MWBE and workforce utilization summary report at the end of each contract for public works consulting and professional services MWBE and Workforce Goals Administrative Regulations and Procedures consulting administered by the department. The summary reports shall be on a form requested by the Affirmative Action Officer, or electronically if available on a web based system provided by the City. This information must be kept by the department as part of the contract records for audit purposes. Part 4 - Duties of the Affirmative Action Officer To ensure that the requirements and these regulations and procedures are followed, the Affirmative Action Officer shall: 1. Work with departments as appropriate to ensure that MWBEs have the opportunity to participate in City public works projects, professional services contracts and purchases of goods and services. 2. Review all City contracts and requests for proposals over $100,000 prior to solicitation for public works bids and public works consulting services and professional services consulting services RFP’s, to ensure that MWBE and workforce goals are included where appropriate. The Affirmative Action Officer, with the review of the Law Department, shall determine whether or not the proposed contract is subject to the MWBE and workforce goals. 3. Maintain the City’s MWBE directory that is provided on the City’s web site as a primary resource for City departments and the public, and maintain and update the MWBE web site page. 4. Review and approve MWBE Utilization Plans and review Workforce Staffing Plans submitted for public works projects, public works consulting contracts and professional services consulting contracts. This shall include, but not be limited to, working with departments, contractors and consultants to resolve any problems associated with achieving the goals specified in the contract documents. 5. Review and track MWBE utilization reports and workforce utilization reports, and determine when a contractor/consultant has not met the MWBE and workforce goals set in the MWBE and workforce plans incorporated into the contract/agreement. 6. Adjust individual contract goals by waiver, or permit the use of state-certified MWBE’s from outside the region, where the Affirmative Action Officer concludes that the contract includes specialty work that cannot reasonably be subcontracted to an MWBE business, or there is a lack of qualified responsive and responsible MWBE companies in the region to perform the contract work. The Affirmative Action Officer shall apply professional experience and judgment, in conjunction with staff in the departments, to determine how best to address and resolve MWBE goal shortfalls for any contract. The Affirmative Action Officer shall document when waivers are granted and how shortfalls are resolved. 7. Recommend to the Director of Finance when a bidder should be declared non-responsive and/or non-responsible due to failure to make a good faith effort to meet the City’s MWBE and/or Workforce goals for public works projects. MWBE and Workforce Goals Administrative Regulations and Procedures 8. Recommend to the Director of Finance when a consultant should be declared in default for failure to submit MWBE and subcontractor/supplier payment certification forms and/or workforce utilization reports required by the Agreement, or for failure to meet the workforce and/or MWBE goals included in the Agreement with that consultant. 9. Prepare and submit quarterly and annual MWBE and workforce utilization reports to the Mayor and City Council. MWBE and Workforce Goals Administrative Regulations and Procedures  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Administrative Efficiency Committee Date: Monday, August 03, 2020 From: Ed Kosiur Subject Discussion - Amendment of Chapter 6 fo the Code of the City of Schenectady Regarding Affirmative Action (PH 07/27/2020) Background Info: Evaluation/Analysis Recommendation Friday, July 31, 2020