AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE 3.16.080, LOCAL BIDDER PREFERENCE, ESTABLISHING A PREFERENCE FOR AWARD OF CONTRACTS TO LOCAL BIDDERS.
WHEREAS, local businesses which seek to enter into contracts with the City of Homer are at a competitive disadvantage with businesses from other areas because of the high costs of doing business in the City (higher labor costs, high property costs, remoteness from other markets, higher utility rates, taxes, etc.,); and
WHEREAS, the public interest of the City of Homer is best served by encouraging businesses to locate and remain in the City of Homer through the provision of a minimal preference for local businesses in the award of City contracts; and
WHEREAS, in recent days there has been a public request for a local bidder preference within the City of Homer.
NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:
Section 1. That Homer City Code Section 3.16.080 is hereby amended to read as follows:
3.16.080 LOCAL BIDDER PREFERENCE
a. It is the policy of the City of Homer to give preference to City of Homer residents, workers, businesses, contractors, producers and dealers to the extent consistent with law.
b. A contract or purchase shall be awarded to a local bidder where the bid by such local bidder is, in all material respects, comparable to the lowest responsible non-local bid if the amount bid by such local bidder does not exceed the lowest non-local bid by more than the following percentages, unless such an award is contrary to state or federal law or regulation or unless the Council, at its discretion, determines prior to giving notice soliciting bids that the provisions of this section shall not apply to the contract or purchases:
Non - local bid is: Local bid is not more than:
$0 - $ 500,000.00 5 percent higher than non-local bid
$0 - $1,000,000.00 5 percent higher than non-local bid on first $500,000.00 and 2.5 percent higher than non-local bid on amount in excess of $500,000.00 to $1,000,000.00
No additional adjustment for bids above $1,000,000.00
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Ordinance 01-13(S)(A)
City of Homer
c. "Local bidder," for purposes of this section, means a person or firm who:
1. Holds a current Alaska Business License to provide such goods or services, and such other Alaska regulatory licenses as are required to provide such goods or services; and
2. Submits a bid for goods or services under the name appearing on the person's or firm's current Alaska Business License; and
3. Has maintained and staffed a place of business within the boundaries of the City of Homer for a period of at least six (6) months immediately preceding the date of the bid and intends to permanently maintain such place of business in the future; and
4. Is registered in the Kenai Peninsula Borough to collect sales tax and locally provides the products and services sought; and
5. Is not delinquent in the payment of any taxes, charges, or assessments owing to the City of Homer on account of that business.
d. The City Manager may require such documentation or verification by the person or firm claiming to be a local bidder as is deemed necessary to establish the requirements of this section.
e. Local bidder's preference does not apply to sale or other disposal of personal property in chapter 18.30 of the City Code.
Section 2. This ordinance is of a permanent and general character and shall be included in the City Code, and shall be subject to Council review in twenty four months, requiring a positive vote of the Council to be continued.
ENACTED by the City Council of the City of Homer, Alaska, this ______ day of ____________, 2001.
CITY OF HOMER
________________________________
ATTEST: JACK CUSHING, MAYOR
_____________________________________
MARY L. CALHOUN, CMC, CITY CLERK
Ayes:
Noes:
Abstain:
Absent:
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Ordinance 01-13(S)(A)
City of Homer
Introduction:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form and content:
Ron Drathman City Manager Gordon Tans, City Attorney
Date Date
Fiscal Note: NA