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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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4-1.3   Failure to Comply With Regulations and Procedures.
   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)
4-1.4   Severability Clause.
   If any portion of this Section is found by a court of competent jurisdiction to be unlawful, such finding shall not affect any other portion of said ordinance not specifically so found.
(Ord. 1981 c. 21 § 4; CBC 1985 4-1.4)
4-2   TO ENABLE CITY DEPARTMENTS TO GIVE PREFERENCE TO CITY FIRMS IN THE PURCHASE OF CERTAIN GOODS AND SERVICES.
4-2.1   Definition.
   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)
4-2.2   City Firms Bid; Mayor’s Permission Required to Award Contract.
   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)
4-2.3   Mayor to Refer to Committee.
   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)
4-2.4   Mayor to Notify Boston City Council; Time Required.
   Provided, however, that at least three weeks prior to the awarding of such a contract, the Mayor shall notify the Boston City Council.
(Ord. 1979 c. 44 § 4; CBC 1985 4-2.4)
4-3   TASK FORCE FOR IMPLEMENTATION.
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