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In the event that any City Official awards a contract for design services after this Section is in force without complying with the provisions of this Section, such contract shall not be binding on the city; and the Mayor or City Council, with the assistance of the Corporation Counsel or Special Counsel, shall proceed in any court of competent jurisdiction to recover any city funds expended in accordance with the provision of such contract from the contractor or the City Official who awarded the contract without compliance herewith.
(Ord. 1981 c. 21 § 3; CBC 1985 4-1.3)
For purposes of this Section, the term
CITY FIRM shall mean that, for the term of the contract:
(A) In the case of a sole proprietorship, the person’s principal place of business and residence are located in the city, or a majority of his or her employees are residents in the city;
(B) In the case of a partnership, a majority of the partners reside in the city, or the principal place of business of the partnership is located in the city, or a majority of the employees of the partnership reside in the city; and
(C) In the case of a corporation, a majority of its shareholders are residents of the city, or the principal place of business of the corporation is located in the city, or a majority of the employees of the corporation are residents of the city.
(Ord. 1979 c. 44 § 1; CBC 1985 4-2.1)
Whenever any Officer or Board in charge of a Department of the city or county invites proposals to do any work or make any purchase, except work done or purchases made in accordance with M.G.L. Chapter 30, Section 39M, or M.G.L. Chapter 149, Sections 44A—M, and a responsible and eligible city firm bids a price no higher than 5% above a non-city firm which is the lowest bidder, said Officer or Board shall request the Mayor’s permission to award the contract without further advertising to the city firm.
(Ord. 1979 c. 44 § 2; CBC 1985 4-2.2)
The Mayor shall refer such request to a Committee composed of the Director of Administrative Services, the Collector-Treasurer and the Corporation Counsel. If a majority of said Committee recommends the award of the contract to the city firm notwithstanding that its bid was not the lowest, the Mayor may approve such award.
(Ord. 1979 c. 44 § 3; CBC 1985 4-2.3)
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