[HISTORY: Adopted by the Village Council of the Village of New Haven 7-13-2010 by Ord. No. 305. Amendments noted where applicable.]
Purchasing and payments — See Ch. 89.
As used in this chapter, the following terms shall have the meanings indicated:
- GOOD FAITH EFFORT
- Those demonstrable activities supported by documentation and results that verify the bidders attempts to reach the established goal.
- IMPLEMENTING DEPARTMENT
- The Village department, Village official, or agency that has responsibility for oversight of a contract as established from time to time by the Village Council.
- JOINT VENTURE
- A cooperation between two or more corporate bodies for a particular project in which they share the responsibilities and profits associated with the project.
- NEW HAVEN AREA-BASED BUSINESSES
- The physical and economic relationship to the New Haven Area evidenced by a building or office physically located within Macomb County, Michigan, and evidenced that such building or office existed and functioned for a duration not less than one year prior to the date of the bid deadline.
- NEW HAVEN-BASED BUSINESS
- The physical and economic relationship to New Haven evidenced by a building or office physically located in the Village and the payment of: Village income taxes on the contractors net profits; and Village property taxes on a plant or office and equipment such as is ordinarily required for the performance of the contract bid. Any business physically located in New Haven which operates under a Village-authorized tax abatement or forgiveness program, or any other Village-authorized tax credit program, is still considered a New Haven-based business for purposes of this chapter.
- A person or company that assumes, by secondary contract, some or all of the obligations of an original contractor.
- VILLAGE RESIDENT(S)
- An individual whose primary place of residence is within the Village of New Haven as evidenced by voter registration address, driver's license address or state identification address or affidavit form developed by the Village Attorney.
When sealed bids are received for purchases, supplies, consulting and construction contracts greater than $5,000, the following shall apply:
The person or business submitting the lowest bid shall be deemed the lowest bidder. If, however, the lowest bidder is not a New Haven-based business, any New Haven-based business with a bid within 10% of the lowest bid that has been deemed accepted, responsive and responsible by the implementing department shall be deemed the lowest bidder if it agrees to reduce its bid as submitted to match the bid of the lowest bidder.
If a New Haven-based business refuses to reduce its bid to match the lowest bid, then the next lowest responsible New Haven-based business with a bid within the established percentage of the lowest bid shall be given the opportunity to reduce its bid to match the bid of the lowest bidder. If the New Haven bidder agrees to reduce its bid to match the bid of the lowest non-New Haven bidder, it will be deemed the lowest bidder and awarded the contract.
If no accepted, responsive and responsible New Haven-based business within the established percentage of the lowest bid agrees to reduce its bid to that of the lowest bidder, then the lowest responsible New Haven Area-based business with a bid within the established percentage of the lowest bid shall be given the opportunity to reduce its bid to match the bid of the lowest bidder. If the New Haven bidder agrees to reduce its bid to match the bid of the lowest non-New Haven bidder, it will be deemed the lowest bidder and awarded the contract.
If no accepted responsive and responsible New Haven-based business or New Haven Area-based business within the established percentage of the lowest bid agrees to reduce its bid to that of the lowest bidder, then the contract shall be awarded to the person or business with the lowest, most responsive and responsible bid.
Except for construction contracts, no contract awarded pursuant to this section shall be sublet in any manner that permits 50% or more of the dollar value of the contract to be performed by a subcontractor or subcontractors who do not meet the definition of "New Haven-based business."
Any New Haven-based business or New Haven Area-based business awarded a contract pursuant to this section shall agree to make available to the Village all records necessary to establish its eligibility and compliance with all Village, state and local laws.
The implementing department may eliminate bid, performance, and payment bonding requirements when it deems appropriate for New Haven-based businesses and New Haven Area-based businesses, except for contracts for construction, alterations or repairs exceeding $30,000, subject to the requirements of MCLA § 129.201 (Public Act 213 of 1963, Contractor's Bond For Public Buildings Or Works).
The implementing department may allow for joint ventures or other documented business arrangements to enable New Haven-based businesses and New Haven Area-based businesses to meet bonding requirements for contracts greater than $15,000.