ORDINANCE NO. 8386

AN ORDINANCE ENACTING CHAPTER 1, ARTICLE 17 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2009 EDITION, PERTAINING TO A LOCAL PREFERENCE FOR CERTAIN PROCUREMENTS MADE BY THE CITY.

WHEREAS, the governing body of the City of Lawrence finds that it is in the best interest of the citizens of Lawrence to have a strong local economy; and

WHEREAS, local businesses pay local taxes, employ local residents, invest in local improvements, support local charitable causes, and support the local economy in myriad ways; and

WHEREAS, the governing body finds that the City’s purchasing policies should encourage local vendors to provide goods and services to the City of Lawrence, resulting in increased local economic activity; and

WHEREAS, it is the desire of the governing body to enact a local purchasing preference policy in order to responsibly support local businesses; therefore

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Chapter 1, Article 17 of the Code of the City of Lawrence, Kansas, 2009 Edition and amendments thereto, is hereby enacted to read as follows:

ARTICLE 17. LOCAL PURCHASING PREFERENCE POLICY

1-1701              The City of Lawrence hereby adopts a local purchasing preference as set forth in this Article.  The City Manager, or his or her designee, is authorized to amend the City’s purchasing policy to include the provisions set forth in this Article.

1-1702              DEFINITIONS

Local business entity, as used in this article, shall mean any person, firm, corporation or other business entity complying with all of the following requirements:

(A)        The business entity must have established a permanent place of business within the city limits of Lawrence at least six (6) months prior to the submittal of a bid; and

(B)        The place of business must be a location whose principal use is for business purposes, shall not be a post office box, and shall not be within or part of a residential location including, but not limited to, a home, residence, hotel or motel; and

(C)        The business entity shall not have any outstanding liens, fines or violations with the City of Lawrence.

1-1703 CERTIFICATION OF LOCAL BUSINESS ENTITY STATUS

A business entity shall claim in writing at the time of bid submittal that it meets the definition of “local business entity.” City staff shall attempt to verify whether the business entity meets the definition of a “local business entity” set forth in this Article. If City staff cannot conclusively verify that the business entity is a “local business entity” as defined in this Article, the preference shall not apply.

1-1704 LOCAL PREFERENCE

The governing body of the City of Lawrence may, at its sole discretion, award one of the following local preferences:

(A)        A responsible bid from a local business entity that is no more than one percent (1%) and no more than $10,000 higher than the lowest responsible bid may be preferred over the lowest responsible bid; or

(B)        If all aspects of a responsible bid from a local business entity are equal to the responsible bid from a non-local business entity, the local business entity may be preferred.

1-1705              APPLICABILITY OF THE LOCAL PREFERENCE

(A)        Any local preference awarded by the governing body of the City pursuant to this Article shall only apply to bids equal to or greater than $15,000. 

(B) The local preference shall not apply to bids in which federal funds or other funds are used that prohibit the application of the preference.

(C) The local preference shall not apply to bids for the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement of any street, highway, public grounds, or public building or facility, or any other kind of public improvement commenced or ordered by the governing body. 

(D) The local preference shall not apply to cooperative purchasing agreements or contracts in which the City participates. These agreements or contracts may be subject to review by the governing body.

Section 2. Severability. If any section, clause, sentence or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

Section 3.        This ordinance shall take effect and be in force effective upon its passage and publication once in the official city paper as provided by law.

ADOPTED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS this  day of , 2009. 

                                                                        PASSED

                                                                        Michael Dever, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM

_____________________________________________

Toni Ramirez Wheeler, Director of the Legal Department