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HomeMy WebLinkAboutG82-03 Ordinance No. G82-03 rft- AN ORDINANCE AMENDING CHAPTER 5 . 08 OF THE ELGIN MUNICIPAL CODE, AS AMENDED, ENTITLED "SOURCE SELECTION; COMPETITIVE SEALED BIDDING" WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII , Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, an ordinance providing for the regulation and procedures for the procurement of supplies, services and construction by the City of Elgin pertains to the government and affairs of the City of Elgin; and WHEREAS, unemployment levels within the City of Elgin have been and continue to remain at a higher level than the unemployment levels in the State of Illinois and nationwide; and WHEREAS, a local purchasing preference for City of Elgin contracts will result in additional business opportunities and employment opportunities within the City of Elgin and will assist in reducing unemployment levels within the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 5 . 08 of the Elgin Municipal Code, 1976, as amended, entitled "Source Selection; Competitive Sealed Bidding" , be and is hereby further amended by adding a new Section 5 . 08 . 160 thereto entitled "Local Purchasing Preference" to read as follows : "5 . 08 . 160 : Local Purchasing Preference : A. Notwithstanding anything to the contrary in this chapter or in this title, in the award of contracts by competitive sealed bid, the lowest evaluated bid price from a responsive and responsible local business shall be accepted, provided that the lowest bid from a responsive and responsible local business does not exceed the lowest evaluated bid price from a responsive and responsible non-local business by more than two percent (2%) but not to exceed a total of $500 for contracts of $25, 000 or less, or by more than one percent (1%) but not to exceed a total of $2 , 500 for contracts in excess of $25, 000 . rft B. For the purposes of this section, a local business shall mean a business authorized to do business under the laws A of the City of Elgin, a business with its principal place ., of business located within the corporate limits of the City of Elgin, which has the majority of its regular, full time workforce located within the City of Elgin and is subject to City of Elgin taxes, including, but not limited to sales taxes . C. Any person, business, organization or bidder that submits false or misleading information in connection with an assertion that such person, business, organization or bidder constitutes a local business under this section shall be subject to being suspended from doing business with the city as provided in Chapter 5 . 30 of this code. " Section 2 . That Section 5 . 08 . 160 of the Elgin Municipal Code, 1976, as amended, shall without further council action automatically expire September 30 , 2005 . It is hereby declared to be the legislative intent of the city council that the adoption of ordinance provisions for a local purchasing preference is being done on an experimental basis only and that no person, business, organization or bidder shall have any property interest, vested right or other continuing protectable interest in the continuation of a local purchasing preference . The city manager is directed to submit a report to the city council prior to the automatic expiration of Section 5 . 08 . 160 and therein shall advise the city council as to the city' s experience with a local purchasing preference and recommend to the City Council whether an ordinance providing for the further continuation of a local purchasing preference should be adopted. Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. ' d Schoc , Mayor Presented: September 24 , 2003 Passed: September 24 , 2003 Vote : Yeas : 5 Nays : 1 Recorded: September 25, 2003 Published: Attest :/ eft Dolonna Mecum, City Clerk