16-z15 - COM MPL LBE Affidavit.pdf

MILWAUKEE PUBLIC LIBRARY

LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM PROVISIONS

I. General A. In accordance with Chapter 365-Local Business Enterprise Contracting Program of the Milwaukee

Code of Ordinances, the application of a Local Business Enterprise (LBE) bid incentive is required in all contracting activities of the Milwaukee Public Library (MPL), unless contrary to federal, state or local law or regulation. To this end, the Library Director, as a contracting officer of the City, will apply an award standard in all bids so that an otherwise responsive and responsible bidder which is a Local Business Enterprise shall be awarded the contract, provided that its bid does not exceed the lowest bid by more than 5%. An additional number of points, equal to 5% of the maximum number of points used in the evaluation of Request for Proposals (RFPs), shall be applied to increase the total score attained by a local business enterprise.

B. Bidders or Proposers seeking the Local Business Enterprise preference shall prepare and submit with their bid a completed affidavit certifying their LBE status. Failure to do so may result in an LBE forfeiting their rights to be considered for the bid incentive.

C. Sanctions – If any document submitted to the City via the MPL Board of Trustees by a contractor under this chapter for the purpose of participating in any MPL Board of Trustees contract contains false, misleading or fraudulent information, the Library Director may direct the imposition of any of the following sanctions on the offending contractor:

1. Withholding of payment.

2. Termination, suspension or cancellation of the contract in whole or in part.

3. Denial to participate in any further contracts awarded by the Milwaukee Public Library

Board of Trustees.

D. Penalty – Any person, business or corporation knowingly engaging in fraud, misrepresentation or in any attempt, direct or indirect, to evade the provisions of this chapter by providing false, misleading or fraudulent information shall, upon conviction, forfeit not less than $2,000 nor more than $5,000 together with the costs of prosecution.

II. Protest and Appeal Procedure

A. Prior to Bid Opening - Protests regarding form and content of bid documents must be received by the Library Director not less than five days prior to the scheduled bid opening time. A protest shall be in writing and state the reason for it. The protest will be reviewed and if modification is necessary, the bid opening day will be extended and addenda sent to each bidder. The decision of the Library Director is final.

B. The Milwaukee Public Library reserves the right to waive any of these specifications when it is in the best interest of the City and in accordance with the procedures set forth in Chapter 365 of the Milwaukee Code of Ordinances.

III. Definitions

A Local Business Enterprise means a business which satisfies all of the following criteria:

A. Operates a business, or owns or leases property within the geographical boundaries of the City of Milwaukee. Post office boxes shall not suffice to establish status as a Local Business Enterprise.

B. A residential address may suffice to establish compliance as a Local Business Enterprise, but only if the business does not operate another business, or own or lease other real property, either within or outside the geographical boundaries of the City of Milwaukee.

C. Leased property shall not suffice to establish compliance as a Local Business Enterprise unless at least half of the acreage of all the real property owned or leased by the business is located within the geographical boundaries of the City of Milwaukee.

D. Has been doing business in the City of Milwaukee for at least one (1) year.

E. Is not delinquent in the payment of any local taxes, charges or fees, or the business has entered into an agreement to pay any delinquency and is abiding by the terms of the agreement.

F. Will perform at least 10% of the monetary value of the work required under the contract.

IV. Local Business Enterprise Requirements A. The Milwaukee Public Library shall, unless contrary to federal, state or local law or regulation, apply an award standard in all bids so that an otherwise responsive and responsible bidder which is a Local Business Enterprise shall be awarded the contract, provided that its bid does not exceed the lowest bid by more than 5%.

B. If the bids of two or more Local Business Enterprises do not exceed the lowest bid by more than 5%, the contract shall be awarded to the Local Business Enterprise that submitted a bid that exceeded the lowest bid by the smallest amount.

C. If a bid submitted by a non-Local Business Enterprise and a bid submitted by a Local Business Enterprise are identical, the contract shall be awarded to the Local Business Enterprise, even if the bids are only identical due to the 5% award standard provided for in this chapter.

D. If two bids submitted by two Local Business Enterprises are identical, the winner will be determined in accordance with the process for tie-breakers as established by the Library Director.

E. If the difference between the low bidder’s amount and the lowest Local Business Enterprise amount is within 5% of the low bidder and exceeds $25,000, then the provisions in Section IV-A shall not apply.

F. Section IV-A shall only be applied to the “base bid”.

LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM

AFFIDAVIT OF COMPLIANCE

IMPORTANT: This form must be submitted with your bid or proposal to be considered for LBE status.

Bid/RFP No.:

Company Name:

Address:

City, State, Zip:

This signed and notarized affidavit of compliance will be the contractor’s sworn statement that the business satisfies all of the following criteria:

Operates a business, or owns or leases property within the geographical boundaries of the City of Milwaukee. Post office boxes shall not suffice to establish status as a Local Business Enterprise.

A residential address may suffice to establish compliance as a Local Business Enterprise, but only if the business does not operate another business, or own or lease other real property, either within or outside the geographical boundaries of the City of Milwaukee.

Leased property shall not suffice to establish compliance as a Local Business Enterprise unless at least half of the acreage of all the real property owned or leased by the business is located within the geographical boundaries of the City of Milwaukee.

Has been doing business in the City of Milwaukee for at least one (1) year.

The business is not delinquent in the payment of any local taxes, charges or fees, or the business has entered into an agreement to pay any delinquency and is abiding by the terms of the agreement.

The business will perform at least 10% of the monetary value of the work required under the contract.

IMPORTANT: Is your business certified as a Small Business Enterprise (SBE) with the City of Milwaukee?

Yes No

NOTE: If you are the primary owner of more than one business location and the other business location(s) is not located within the geographical boundaries of the City of Milwaukee, the business you are seeking to qualify as a Local Business Enterprise must serve as the primary functionally operational entity that is capable of providing the required services, commodities, or supplies for the purposes of this Bid/RFP. If you own more than one business, please list the name of the business(es) and their addresses on the “Business Property Location” form.

SITE VISITS: Please note the contractor agrees to allow the City to verify Local Business Enterprise status by allowing City Staff to visit the operation(s) of the business that is seeking Local Business Enterprise status at any time without notice, in an effort to maintain the integrity of the City’s bidding process.

I hereby declare compliance with the City of Milwaukee Code of Ordinances Chapter 365.

Authorized Signature:

Printed Name: Date:

PLEASE SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL THROUGH BONFIRE AS

INSTRUCTED IN THE SOLICITATION.

LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM

BUSINESS PROPERTY LOCATION FORM

IMPORTANT: This form must be submitted with your bid or proposal to be considered for LBE status.

Bid/RFP No.:

Property Location 1

Name:

Address:

City, State, Zip:

Total Square Feet:

Property Location 2

Name:

Address:

Property Location 3

Address:

Property Location 4

Address:

PLEASE SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL THROUGH BONFIRE AS

INSTRUCTED IN THE SOLICITATION.