HomeMy WebLinkAbout2003-01 Executive Order
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
OFFICE OF THE MAYOR
TO:
Fred Wilson, City Administrator
Gary Van Osdel, Executive Director, EDA
All City and EDA Department Heads
FROM:
Mayor Judith Valles
DATE:
September 2, 2003
RE: EXECUTIVE ORDER 2003-1
LOCAL BUSINESS PREFERENCE FOR
CONTRACTUAL SERVICES
COPIES:
Council Members
City Attorney
City Clerk
City Treasurer
San Bernardino Municipal Code Section 3.04.085(B) states:
"Contractual Services with a value in excess of twenty- five thousand dollars must be
approved by the Mayor and Common Council pursuant to Requests For Proposals as
authorized by the Mayor and Common Council."
I believe that the City should provide local business preferences for contractual services with a value
in excess of $25,000 because of the following two findings:
A. Local businesses which seek to enter into service contracts with the
City of San Bernardino are at a competitive disadvantage with
businesses from other areas because of certain higher administrative
costs of doing business in the City (such as utility users' tax, etc.).
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Executive Order 2003 -1
September 2, 2003
Page 2
B. The public interest would best be served by encouraging businesses
to locate and remain in the City of San Bernardino through the
provision of a minimal "good faith" preference to local businesses in
the awarding of certain City contracts.
A city's authority to grant preferences to local businesses in awarding city contracts has been
supported by federal courts of appeal: Associated General Contractors of California, Inc. v. City
and County of San Francisco, 813 Fed 2d 922 (9th Cir. 1987); J.F. Shea Company, Inc. v. City of
Chicago, 992 Fed 2d 745 (7th Cir. 1993).
Therefore, in my capacity as Mayor of this City and Chairperson of the Economic Development
Agency and by this Executive Order, I hereby:
(1) Direct all Department Heads to grant a 5% local business preference
in Requests For Proposals for contractual services with a value in
excess of$25,000 which require approval by the Mayor and Common
Councilor the Community Development Commission, unless
contrary to federal, state, or local law (such as contracts for the
construction of public works projects) or unless contrary to the
requirements mandated by the funding source for such contractual
services (such as the federal government, which in most if not all
cases, requires award to the lowest responsible bidder).
(2) Direct all Department Heads to grant a 5% local business preference
for contractual services with a value of $25,000 or less, unless
contrary to federal, state, or local law (such as contracts for the
construction of public works projects) or unless contrary to the
requirements mandated by the funding source for such contractual
services (such as the federal government, which in most if not all
cases, requires award to the lowest responsible bidder).
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Executive Order 2003 -1
September 2, 2003
Page 3
(3) A "local business", for the purpose of granting a local business
preference, shall mean a business possessing a fixed office or
distribution point with at least one owner or employee within the City
of San Bernardino, and possessing all valid and current permits and
licenses required to transact such business, including, but not limited
to a City Business Registration Certificate.
(4) If any part or provision of this Order is in conflict or inconsistent with any
applicable provision offederal, state, or local law, or is otherwise held to be
invalid or unenforceable by any court of competent jurisdiction, such part or
provision shall be suspended and superseded by such applicable law, and the
remainder of this Order shall not be affected thereby.
Iu' Valles
)j r/Chairperson, Economic Development Agency
Dated:
Approved as to form
and legal content: