HomeMy WebLinkAboutORDINANCES-2001-008-O-0102/01 /2001
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AN ORDINANCE
Amending Section 1-17-1(B) of the "Purchase, Sale And
Lease of Real and Personal City Property Ordinance"
to Revise The Definition of "Evanston Business Enterprise"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 1-17-1(B) of the Evanston City Code of 1979, as
amended, be and it hereby is further amended, by revising the definition of "Evanston
Business Enterprises", to read as follows:
Section 1-17-1 (B): All contracts for the purchase of goods or
services with entirely City funds shall be
• awarded to the lowest quote/bid price or lowest
evaluated quote/bid price from a responsive
and responsible Evanston Business Enterprise
("EBE") provided the EBE's quote/bid price
does not surpass the lowest quote/bid price or
lowest evaluated quote/bid price from a
responsive and responsible nonlocal business
by more than five percent (5%).
Section 1-17-1 (13)(1): An EBE shall mean an entity which is located
in or has one or more offices located in the City
for a minimum of one year and which performs
a "commercially useful function".
(a) An EBE performs a commercially useful
function when it is responsible for
execution of the work of the contract
and is carrying out its responsibilities by
actually performing, managing, and
supervising the work involved. To
perform a commercially useful function,
• the EBE must also be responsible, with
respect to materials and supplies used
NOW
on the contract, for negotiating price,
determining quality and quantity,
ordering the material, and installing
(where applicable) and paying for the
material itself. To determine whether an
EBE is performing a commercial useful
function, the City will evaluate the
amount of work subcontracted, industry
practices, whether the amount the firm
is to be paid under the contract is
commensurate with the work it is
actually performing and the EBE credit
claimed for its performance of the work
and other relevant factors.
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(b) An EBE does not perform a
commercially useful function if its role is
limited to that of an extra participant in a
transaction, contract, or project through
which funds are passed in order to
obtain the appearance of EBE .
participation. In determining whether an
EBE is such an extra participant, the
City will examine similar transactions,
particularly those in which EBEs do not
participate.
(c) If an EBE does not perform or exercise
responsibility for at least thirty percent
(30%) of the total cost of its contract
with its own work force, or the EBE
subcontracts a greater portion of the
work of a contract than would be
expected on the basis of normal industry
practice for the type of work involved,
then it is not performing a commercially
useful function.
(d) When an EBE is presumed not to be
performing a commercially useful
function as provided in Subparagraph
1-17-1 (B) (1) (C), the EBE may present •
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evidence to rebut this presumption. The
City may determine that the firm is
performing a commercially useful
function given the type of work involved
and normal industry practices.
Section 1-17-1 (13)(2): In determining whether a business has been
located in Evanston for one year, the MWEBE
Committee will consider the following:
(a) Whether the vendor pays property
and/or sales taxes in Evanston; and
(b) Whether the business entity's address
or the address given on the Federal
and/or State income tax return is within
Evanston.
(c) The date of issuance of an Evanston
Business License.
The City may waive the one-year requirement
if the entity provides evidence of a substantial
commitment to Evanston.
Section 1-17-1 (13)(3): Businesses that maintain a distribution
warehouse or which manufacture in Evanston
will receive EBE credit of sixty percent (60%)
and one hundred percent (100%), respectively.
Those that do not maintain a distribution
warehouse or manufacturing operation but
have an office in Evanston will be considered a
broker and receive a five percent- (5%) credit.
Section 1-17-1 (13)(4): Eligibility as an EBE will be periodically
reviewed and may be revoked at any time if the
entity no longer meets the above requirements.
SECTION 2: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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SECTION 3: That this ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
Introduced: k-�`�'2-��- �- , 2001
Adopted: 2001
Approved:
2001
Mayor
ATTEST:
I `Ci :y Clerk
ration Coui
.IM
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