PENDING ORDINANCES
ORDINANCE M-7-20
AN ORDINANCE AMENDING SECTION 1-10-2 OF THE CITY OF DES PLAINES CITY CODE REGARDING COMPETITIVE BIDDING AND RESPONSIBLE BIDDERS._
   WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and
   WHEREAS, Section 1-10-2 the Des Plaines City Code, as amended ( "City Code" ), requires that contracts awarded through competitive bidding be awarded to the lowest responsible bidder; and
   WHEREAS, Subsection 1-10-2.B sets for the criteria a contractor must meet to be considered a responsible bidder; and
WHEREAS, the City desires to amend Subsection 1-10-2.B of the City Code to update and clarify the responsible bidder requirements regarding apprenticeship programs ( "Amendment" ); and
   WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Amendment as set forth in this Ordinance;
   NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
   SECTION 1.   RECITALS.   The recitals set forth above are incorporated herein by reference and made a part hereof.
   SECTION 2.   RESPONSIBLE BIDDER FOR CERTAIN CONSTRUCTION CONTRACTS. The subsection 1-10-2.B titled “Responsible Bidder for Certain Construction Contracts,” of Section 1-10-2, titled “Competitive Bidding,” of Chapter 10, titled "Purchasing Policies and Procedures," of Title 1, titled “Administrative,” of the City Code is hereby amended to read as follows:
“B.    Responsible Bidder For Certain Construction Contracts: A bidder on a construction contract that exceeds the amount of twenty five thousand dollars ($25,000.00) will not be deemed to be a responsible bidder unless the bidder satisfies all of the following standards:
 
The bidder complies, and agrees to comply in the future, with all applicable laws prerequisite to doing business in the state of Illinois;
he bidder provides the city with evidence acceptable to the city of:
The bidder's federal employee tax identification number or social security number (for individuals); and
Compliance with section 2000(e) of chapter 21 of title 42 of the United States Code and federal executive order 11246, as amended by federal executive order 11375 (known as the "equal opportunity employer provisions");
The bidder provides to the city certificates of insurance acceptable to the city evidencing the following coverages: general liability, workers' compensation, completed operations, automobile, hazardous occupation, product liability, and professional liability;
The bidder complies, and agrees to comply in the future, with all provisions of the Illinois prevailing wage act, 820 Illinois Compiled Statutes 130/0.01 et seq.; and
The bidder actively participates, and has actively participated for at least 12 months before the date of the bid opening, in administers active  apprenticeship and training programs approved and registered with the United States department of labor bureau of apprenticeship and training for each of the trades of work contemplated under the awarded contract for all bidders and subcontractors. For the purposes of this subsection, a bidder or subcontractor is considered an active participant in an apprenticeship and training program if all eligible employees have either: (i) completed such a program, or (ii) were enrolled in such a program prior to the solicitation date and are currently participating in such program.
 
SECTION 3.   EFFECTIVE DATEThis Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law.
 
PASSED and APPROVED this 4 th day of May, 2020