HomeMy WebLinkAbout07.E- Council Office DOC ID: 1901
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Wendy J. McCammack M/CC Meeting Date: 06/18/2012
Prepared by: Cheryl Weeks, (909)384-5188
Dept: Council Office Ward(s): All
Subject:
Ratify and Codify Previous Council Action Regarding Local Vendor Preference
Financial Impact:
None
Motion: Ratify and codify previous Council action regarding local vendor preference.
Synopsis of Previous Council Action:
Background:
Supporting Documents:
2003-01 Executive Order (PDF)
Municipal Code 3.04.125 (PDF)
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Updated:6/14/2012 by Sabdi Sanchez Pace 1
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
OFFICE OF THE MAYOR
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TO: Fred Wilson,City Administrator
Gary Van Osdel,Executive Director, EDA a`
All City and EDA Department Heads `o
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FROM: Mayor Judith Valles >
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DATE: September 2,2003
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RE: EXECUTIVE ORDER 2003-1 E
LOCAL BUSINESS PREFERENCE FOR E
CONTRACTUAL SERVICES
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COPIES: Council Members o
City Attorney
City Clerk
City Treasurer
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San Bernardino Municipal Code Section 3.04.085(B)states: d
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"Contractual Services with a value in excess of twenty-five thousand dollars must be o
approved by the Mayor and Common Council pursuant to Requests For Proposals as o
authorized by the Mayor and Common Council." c°+
I believe that the City should provide local business preferences for contractual services with a value E
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 d
the awarding of certain City contracts.
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A city's authority to grant preferences to local businesses in awarding city contracts has been °R
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). a
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Therefore, in my capacity as Mayor of this City and Chairperson of the Economic Development m
Agency and by this Executive Order, I hereby: E
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(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 bythe Mayor and Common
Council or 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 p`
requirements mandated by the funding source for such contractual ;
services (such as the federal government, which in most if not all 5
cases, requires award to the lowest responsible bidder). v
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(2) Direct all Department Heads to grant a 5%local business preference M
for contractual services with a value of $25,000 or less, unless c°o
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). a
Packet Pg. 997
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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 2
of San Berardino, and possessing all valid and current permits and
licenses required to transact such business,including,but not limited a`
to a City Business Registration Certificate. $
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(4) If any part or provision of this Order is in conflict or inconsistent with any
applicable provision of federal,state,or local law,or is otherwise held to be o
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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. E
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Dated: L ZOO! v
JudA Valles o
r/Chairperson,Economic Development Agency ;
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Approved as to form w
and legal content: M
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es F. Penman,City Attorney
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® It shall be unlawful to split or separate into smaller purchases,a purchase so as
to bring the purchase within the provisions of any exemption or less stringent procedure
provided herein.(MC-858, 1-11-93)
3.04.125 Local bidders
Any formal or informal bid submitted by a local bidder for goods or materials
pursuant to this Chapter shall receive a one percent(i%)credit for comparison purposes
with other bidders. For the purpose of this Section, 'local bidders"shall be bidders for
which the point of sale of the goods or materials shall be within the City of San
Bernardino. (MC-903, 5-2-94)
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1 Chapter 3.05 d
BUDGET TRANSFERS a`0
Sections: 0
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3.05.010 Approval of Budget Transfer. �
3.05.020 Exception; Restricted Funds.
3.05.030 Exception; Elected Officials 0
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3.05.040 Mayor and Council Approval
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3.05.010. Approval of Budget Transfer.
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Following approval of the Final Budget by the Mayor and Common Council, v
budget transfers within a department budget in an amount not to exceed $25,000 per g
transfershall be approved or disapproved according to established Finance policies and
procedures and on forms approved by the Finance Department,and with notice to the rn
Director of Finance, and written notice to the Mayor and Common Council, as long as
the total department budget allocation is not increased and as long as no transfers are N
approved into or out of budget allocations for personnel salary or benefits.
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3.05.020. Exception; Restricted Funds M
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The authority of Section 3.05.010 of this Chapter does not include transfers into 0
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or out of funds, the use of which is restricted by law. o
3.05.030 Exception; Elected Officials.
The authority of Section 3.05.010 of this Chapter does not restrict the discretion
of elected officials who may transfer or allocate funds within their departments as they E
see fit, with notice to the Finance Director. r
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3.05.040 Mayor and Council Approval.
Any other budget transfers must be approved by the Mayor and Common
Council. (Ord. MC-986, 12-2-96)
Chapter 3.08
WARRANTS
[Rev. December 1,2008] 3-8
8. 999
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• CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
OFFICE OF THE MAYOR
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TO: Fred Wilson, City Administrator
Gary Van Osdel,Executive Director,EDA a
All City and EDA Department Heads vd
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FROM: Mayor Judith Valles M
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DATE; September 2,2003
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RE: EXECUTIVE ORDER 2003-1 E
LOCAL BUSINESS PREFERENCE FOR M
CONTRACTUAL SERVICES U
COPIES: Council Members c
City Attorney
City Clerk
City Treasurer �
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San Bernardino Municipal Code Section 3.04.085(B)states: o
U
m
"Contractual Services with a value in excess of twenty-five thousand dollars must be u
approved by the Mayor and Common Council pursuant to Requests For Proposals as
authorized by the Mayor and Common Council."
c
d
I believe that the City shouldprovide local business preferences forcontractual services with avalue z
in excess of$25,000 because of the following two findings:
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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.).
Packet Pg.'tdtl4i
Executive Order 2003 -1
September 2, 2003
Page 2
B. The public interest would best be served by encouraging businesses d
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. 2
a
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 M
Chicago, 992 Fed 2d 745 (7th Cir. 1993). c
J
Therefore, in my capacity as Mayor of this City and Chairperson of the Economic Development m
Agency and by this Executive Order,I hereby: E
E
(1) Direct all Department Heads to grant�.5%Ioca(buusiness prebten �
in Requests For Proposals fc`66ritrac servtce�wr a vatue in "
excess of$25,000 which require approval bythe Mayor and Common
Council or 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 o
requirements mandated by the funding source for such contractual "
services (such as the federal government, which in most if not all o
cases,requires award to the lowest responsible bidder). u
a
(2) Direct all Department Heads to grant a 5%local business preference .s
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 nding source for such contractual E
fu
services (such as the federal government, which in most if not all
cases,requires award to the lowest responsible bidder). a
PacketPg. 1001
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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 ri
licenses required to transact such business,including,but not limited c
to a City Business Registration Certificate.
(4) If any part or provision of this Order is in conflict or inconsistent with any v
applicable provision of federal,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. E
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Dated: L ZpO�
7U0 JU0 Valles o
y r/Chairperson,Economic Development Agency
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Approved as to form n
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and legal content:
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es F. Penman,City Attorney
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