G82-03 Ordinance No. G82-03
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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 .
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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