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<baltimore-city-law heading="Subtitle 35 – American Preference for Vehicle Procurement">
  <section prefix="§" num="35-1" heading="Definitions.">
    <para num="(a)" heading="In general.">As used in this subtitle, the following terms have the meanings indicated unless their context clearly indicated otherwise.</para>
    <para num="(b)" />
    <para num="(c)" heading="Subcontract.">“Subcontract” means any agreement between a vendor and another person for the performance of work under a procurement contract.</para>
    <para num="(d)" heading="Vehicle procurement contract.">“Vehicle procurement contract” means every agreement entered into by the City Purchasing Agent or a City agency with a vendor to buy, rent, lease, or otherwise obtain or acquire passenger cars and trucks.</para>
    <para num="(e)" heading="Vendor.">“Vendor” means any person who enters into a vehicle procurement agreement with the City Purchasing Agent or a City agency.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 1, §233</annotation>
    <annotation type="History">Ord. 91-773</annotation>
    <annotation type="History">Ord. 22-125</annotation>
  </section>
  <section prefix="§" num="35-2" heading="Purpose of subtitle.">
    <para num="(a)" heading="Findings.">The Mayor and City Council of Baltimore find that:<para num="(1)">the economy and general welfare of this City and its people, as well as the economy and welfare of the State of Maryland and the United States, is adversely affected when international fair trade laws are not being equitably applied to all nations;</para>
      <para num="(2)">unfair trade practices have resulted in foreign products saturating city, state, and national markets, which places American businesses and industry in an untenable competitive posture;</para>
      <para num="(3)">the erosion of American industry, especially the automobile industry, has already translated into the loss of thousands of American jobs;</para>
      <para num="(4)">the taxes paid to the City and the State by local workers engaged in the production, construction, and sale of such products provide a significant source of public revenue in Baltimore City and the State of Maryland; and</para>
      <para num="(5)">with the reduction of the tax base and the loss of other revenue caused by plant closings, the loss of jobs, and related economic dislocations and relocations, the City is faced with a great fiscal burden when thousands of our citizens must seek public assistance.</para>
    </para>
    <para num="(b)" heading="Declaration of policy.">The Mayor and City Council of Baltimore City declares that it is the policy of this City that:<para num="(1)">the City Purchasing Agent and all City agencies, at all times, shall aid and promote the economy of the City and likewise the State and the United States by making every reasonable effort to ensure that passenger cars and trucks purchased through the City’s procurement system be produced in the United States;</para>
      <para num="(2)">the first option in the purchase of passenger cars and trucks by any City agency should be the purchase of such items that are completely produced in the United States;</para>
      <para num="(3)">a program be established by September 30, 1991, to inform bidders of the City’s policy for passenger cars and trucks of American businesses;</para>
      <para num="(4)">as a first step in the process, this policy shall apply to the procurement of all passenger cars and trucks; and</para>
      <para num="(5)">additional products shall be added by executive order or legislation of the Baltimore City Council.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 1, §234</annotation>
    <annotation type="History">Ord. 91-773</annotation>
  </section>
  <section prefix="§" num="35-3" heading="Procurement requirements.">
    <text>All passenger cars and trucks which are provided pursuant to a vehicle procurement contract or subcontract shall be manufactured or assembled in the United States.</text>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 1, §235</annotation>
    <annotation type="History">Ord. 91-773</annotation>
  </section>
  <section prefix="§" num="35-4" heading="Bids; contracts; annual reports.">
    <para num="(a)" heading="Notice to Purchasing Agent.">A vehicle procurement contract and any subcontract to a vehicle procurement contract shall contain a notice notifying the City Purchasing Agent when any passenger cars and trucks or any component or part of any of them that are provided under vehicle procurement contract or subcontract are manufactured or produced in any other nation except the United States.</para>
    <para num="(b)" heading="Bids.">
      <para num="(1)">The City Purchasing Agent and all City agencies shall include in all City bids and requests for bids a statement of the City’s policy on the preference for passenger cars and trucks made or assembled by American businesses.</para>
      <para num="(2)">All bids submitted to the City Purchasing Agent or City agencies shall identify when passenger cars and trucks of American businesses have been included in the bid.</para>
    </para>
    <para num="(c)" heading="Annual report.">The City Purchasing Agent shall submit an annual report to the Mayor and City Council on the number and amount of contracts that included the purchase of passenger cars and trucks as provided for in this subtitle.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 1, §236</annotation>
    <annotation type="History">Ord. 91-773</annotation>
  </section>
  <section prefix="§" num="35-5" heading="Exemptions.">
    <para num="(a)" heading="Purchases of $16,000 or less.">This subtitle does not apply to any vehicle procurement contract or subcontract that involves a purchase of $16,000 or less.</para>
    <para num="(b)" heading="Product unavailability.">This subtitle does not apply to the purchase of any passenger cars and trucks that the City Purchasing Agent has certified in writing are:<para num="(1)">not produced in sufficient quantity in the United States to meet the agency’s requirements; or</para>
      <para num="(2)">not available in the United States in the necessary time to meet the agency’s requirements.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 1, §237</annotation>
    <annotation type="History">Ord. 91-773</annotation>
  </section>
  <section prefix="§" num="35-6" heading="Rules and regulations.">
    <text>Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance may adopt rules and regulations to carry out the provisions of this subtitle.</text>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 1, §238</annotation>
    <annotation type="History">Ord. 91-773</annotation>
    <annotation type="History">Text Conformed 02/14/21</annotation>
    <annotation type="Editor's Notes">By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.</annotation>
  </section>
</baltimore-city-law>
