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In selecting the lowest responsible bidder, the city shall at least consider the following factors:
(A) The ability, capacity and skill of the bidder to perform the contract or provide the service required.
(B) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.
(C) The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(D) The quality of performance of previous contracts or services.
(E) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.
(F) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide service.
(G) The quality, availability and adaptability of the supplies or contractual services for the use of the subject contract.
(H) The ability of the bidder to provide future maintenance and service for the use of the subject contract.
(I) The number and scope of conditions attached to the bid.
(J) Bidder's record of experience in constructing improvements of the size and type required in the bid specifications.
(K) Lowest bids received.
(L) Bidder's record as the percentage of work sublet on previous contracts, subcontractors selected for contract including the name, address and number of employees for each subcontractor. Preference may be given to subcontractors employing local employees.
(Ord. 3178, passed 9-14-98; Am. Ord. 3552, passed 8-27-07)
The City Council shall not be bound by the preceding requirements for the acceptance of a lowest responsible bid in the following circumstances.
(A) Contracts for purchases or service which are estimated to be an amount less than $100,000.
(B) When determined by a two-thirds majority of the City Council that an emergency situation requires prompt action and the formal bidding process would not be in the best interests of the city.
(C) In the event the public works project is funded through federal or state agencies, in whole or in part, any requirement of said funding agency in conflict with the provisions contained in this subchapter shall supersede the provisions of this subchapter and shall apply to the bidding and awarding of bid procedure.
(Ord. 3178, passed 9-14-98; Am. Ord. 3552, passed 8-27-07)
ECONOMIC DEVELOPMENT INCENTIVES
The city recognizes that it is necessary for the public purposes of development, redevelopment, diversification of the economy and commerce, and relief from conditions of unemployment and underemployment, to have a policy to stimulate business and commercial activity in the community. In order to implement these public purposes the city, under the authority of ILCS Ch. 65, Act 5, § 8-1-2.5 hereby establishes an Economic Development Incentive program. The city may agree to offer incentives to a developer, business or property owner for a specific project at a given location.
(Ord. 3757, passed 3-10-14; Am. Ord. 3846, passed 9-12-16)
Shown below are the goals of the Economic Development Incentive program. No project shall be eligible unless the project directly and materially serves one or more of the goals of the program. However, compliance with one or more program goals does not assure participation in the program, with the City Council reserving all rights and discretion to provide incentives or assistance.
(A) Encourage development or redevelopment that would not occur without public efforts.
(B) Address blighted and economically obsolete areas.
(C) Create and retain jobs, income, and economic activity.
(D) Diversify and expand the tax base, which mitigates economic risk and provides funding for services to the community.
(E) Facilitate infrastructure improvements for which no other funding source is available.
(F) Reverse or slow the long-term trend of population loss in the community.
(G) Revitalization of neighborhoods, downtown, and key commercial corridors.
(H) Encourage private investment.
(I) Complete infrastructure improvements which support commercial, industrial, and residential development and redevelopment.
(J) Reduce vacancy rates in existing buildings and develop underutilized properties to their highest and best use.
(K) Provide a higher qualify of life for city residents, with better services and resources.
(Ord. 3757, passed 3-10-14; Am. Ord. 3846, passed 9-12-16)
An incentive is any inducement or assistance by the city offered to an applicant to pursue a project that meets the goals and related criteria of this section of the City Code, as determined by the City Council. Said incentives shall be defined in detail in the city’s Incentive Guidelines, detailing the assistance offered, purpose, authorization, eligibility criteria, eligible uses, eligibility areas (if applicable), program description, funding sources, application and approval procedures, reporting procedures, and other pertinent information. All economic development incentive programs in existence as of the effective date of this subchapter including: low interest loans with possibility of incremental loan forgiveness for meeting periodic investment and employment benchmarks, reimbursement agreements, tax abatements or exemptions, and no cost, or reduced value, of land or buildings for sale or lease by the city, remain in effect. Such incentive guidelines shall be adopted by resolution of the City Council and updated through resolution to provide for the addition or removal of incentive programs.
(Ord. 3757, passed 3-10-14; Am. Ord. 3846, passed 9-12-16)
(A) Comparison to Economic Development Incentive criteria. Each project application shall be compared to the goals and criteria contained in this section to ensure substantial compliance with said goals and criteria prior to the approval of incentives and execution of award documents.
(B) Specific criteria.
(1) The project shall directly serve one or more of the goals stated in § 37.31.
(2) The applicant requesting an incentive shall provide, at their sole expense, sufficient documentation on the proposed project and agree to furnish good faith estimates for information required for staff and the City Council to evaluate the application, which may include projected job retention/creation, projected assessed valuation, projected sales tax, historical and current financial data and other information needed to evaluate the project.
(3) Where applicable, the applicant shall agree to annual monitoring of the project progress by the city and shall provide the city information reasonably related thereto as provided for in any incentive or award documents.
(4) Any incentive or award documents shall contain terms related to reversion of some, or all, of prior incentive payments back to the city in the event of breach of the agreement by the applicant.
(5) Projects shall be wholly within the corporate limits of the city.
(6) Illinois Prevailing Wage Act will apply where required by law.
(7) Projects shall be investments of new funds. Refinancing of existing debt shall not be permitted as a part of the project.
(8) Value of incentives offered shall be as contained in the incentive agreement or award documents.
(Ord. 3757, passed 3-10-14; Am. Ord. 3846, passed 9-12-16)
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