HomeMy WebLinkAbout07- Economic Development ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
PROM: TIMOTHY C. STEINHAUS SUBJECT: LOCAL PREFERENCE
Agency Administrator CRITERIA
DATE: January 6, 1994
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Synopsis of Previous Commission/Council/Committee Action(s):
None.
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Recommended Motion(s):
(Community Development Commission)
(Councilman Hernandez's Recommendation)
MOTION: To discuss and take necessary action to adopt local preference criteria applicable
to contracts considered by the City of San Bernardino or the Economic
Development Agency.
J �
TIMOTHY C. STEINHAUS
Agency Administrator
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Contact Person(s): Timothy C. Steinhaus Phone: 5081
Project Area(s): N/A Ward(s): 1-7
Supporting Data Attached: Memorandum dated 1/5/94
FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A
Budget Authority: N/A
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Commission/Council Notes:
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TCS:lag:lclpref.cdc COMMISSION MEETING AGENDA
MEETING DATE: 01/10/1994
Agenda Item Number: 9
i
CITY OF SAN BERNARD
5 1994
tCfifdt)Pr1iC DEVELOFiV-1ENT ti
INTEROFFICE MEMORANDUM L.AGENCY
TO: Timothy C. Steinhaus, Administrator, Economic Development Agency
FROM: Council Office
SUBJECT: Council/Commission Agenda for January 10, 1994
DATE: January 5, 1994
COPIES:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Please place the following motion on the Council/Commission agenda for January 10,
1994:
To discuss and take necessary action to adopt local preference criteria applicable to
contracts considered by the City of San Bernardino or the Economic Development Agency.
00104d
RALPH HERNAND
Councilman, Third Ward
RH:jv
SAN BERNARDINO
�rilrk
�r
DOWNTOWN �� S
�
��,� ASSOCIATIQNIj 41 p,
Businesses working together to make downtown and all of
San Bernardino the best place to work, visit and live.
January 6, 1994
The Honorable Tom Minor
Members of the Common Council
c/o City Clerk
300 North "D" Street
San Bernardino, CA 92418
Dear Mayor and Council:
At its meeting of January 6, 1994 the San Bernardino Downtown Business Association,
after considerable discussion, recommended that the Mayor and Council consider the
following in adopting a Local Business Utilization Ordinance:
Background
Unemployment in the City of San Bernardino is among the highest of any City in
Southern California. To help stimulate the local economy and maintain and create
jobs, it is important that local tax dollars be directed into the local economy whenever
feasible during this crises period.
Recommendation #1
The following preferences are expressed as a percentage. Where a vendor is selected
on a price/bid basis, the local businesses bid would be reduced, for competitive
consideration, by the applicable percentage set forth below. Where the vendor is
selected on a "point" basis, additional points would be awarded to the local business by
increasing such business's points by the applicable percentage (as set forth below) of
total possible points.
A. If vendor's principal office is located in the City of San Bernardino, vendor will
receive 1% for each year the principal office has been located in the City of San
Bernardino up to a maximum of three years.
P. O. Box 1662
San Bernardino, CA 92402
B. In addition to "A" above, the vendor will receive 1% for each year the vendor has
physically located 50% or more of its employees in offices located in the City of
San Bernardino up to a maximum of three years.
Recommendation #2
The ordinance should encourage the use of local subcontractors and suppliers for all
contracts.
Recommendation #3
To assure the public interest is protected, the ordinance should include an appropriate
conflict of interest section making it unlawful for any person involved in the selection
process to participate in activities such as rebates, kickbacks or business relationships
with a person or business entity seeking a contract.
The members of the Downtown Business Association thank you for your consideration
of our recommendations.
Yours truly,
Salvatore F. Catalano
President
SFC:rls
SAN BERNARDINO
DOWNTOWN BUSINESS
i ASSOCIATION, INC.
Businesses working together to make downtown and afl-af
San Bernardino the best place to work, visit and live.
January 6, 1994
O�
The Honorable Tom Minor
Members of the Common Council
c/o City Clerk
300 North "D" Street
San Bernardino, CA 92418
Dear Mayor and Council:
At its meeting of January 6, 1994 the San Bernardino Downtown Business Association,
after considerable discussion, recommended that the Mayor and Council consider the
following in adopting a Local Business Utilization Ordinance:
Background
Unemployment in the City of San Bernardino is among the highest of any City in
Southern California. To help stimulate the local economy and maintain and create
jobs, it is important that local tax dollars be directed into the local economy whenever
feasible during this crises period.
Recommendation #1
The following preferences are expressed as a percentage. Where a vendor is selected
on a price/bid basis, the local businesses bid would be reduced, for competitive
consideration, by the applicable percentage set forth below. Where the vendor is
selected on a "point" basis, additional points would be awarded to the local business by
increasing such business's points by the applicable percentage (as set forth below) of
total possible points.
A. If vendor's principal office is located in the City of San Bernardino, vendor will
receive 1% for each year the principal office has been located in the City of San
Bernardino up to a maximum of three years.
P. O. Boa 1662
San Bernardino, CA 92402
B. In addition to "A" above, the vendor will receive 1% for each year the vendor has
physically located 50% or more of its employees in offices located in the City of
San Bernardino up to a maximum of three years.
Recommendation #2
The ordinance should encourage the use of local subcontractors and suppliers for all
contracts.
Recommendation #3
To assure the public interest is protected, the ordinance should include an appropriate
conflict of interest section making it unlawful for any person involved in the selection
process to participate in activities such as rebates, kickbacks or business relationships
with a person or business entity seeking a contract.
The members of the Downtown Business Association thank you for your consideration
of our recommendations.
Yours truly,
-9-A�
Salvatore F. Catalano
President
SFC:rls
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
3.04.125 AND 12.20.040 TO THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO AN EIGHT PERCENT (8% ) PREFERENCE FOR LOCAL BIDDERS ON
CITY PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES AND
4 FOR PUBLIC PROJECTS.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1. Findings-
7
The Mayor and Commor !rnardino
8 do find and declare as fol -
,.
9 A. Firms and busin of
San Bernardino i,'! = -�� ` ` ty
10 Users Tax, the nd
Street Sweeps pus
11 landscaping an( .s
and the downtoi
.s,
12 all placing the in
relation to loc ��'° �' "` � st
13 pay such exactic is
or to supply Ci J er
14 to equalize the it
is necessary to r< ,t `, `
es
15 an eight percen
I. C / t.
16 B. Businesses are leaving the City in recore
numbers, including the relocation of the Santa F
17 yards out of state, the closure of Norton A
Force Base and its attendant employment and i
18 numerous closure and relocation of small
medium size businesses from this City,
19 eroding the City' s property tax base
significantly decreasing the income to the
20 from sales tax, utility users tax, licenr
users fees making it extremely difficult '
21 City to provide basic health and safety s
to all of the residents of the City at
22 when crime and vandalism are increasing
necessary to encourage local businesses
23 in the City to contribute to the revia
of San Bernardino, by providing an
24 opportunity for them to do busines
projects and to provide goods and ser�
25 City.
26 C. In an attempt to encourage business
to the City to offset and discour
27 gang activity, drugs, vandalism,
delinquency, joblessness and th,
28 whole neighborhoods by the
DAB/bg [Preference.Ord] 1
197A� aEsr
1 residents, it is necessary to provide an
incentive to do business on City projects and to
2 provide city goods and services.
3 SECTION 2. Section 3.04. 125 is hereby added to the San
4 Bernardino Municipal Code to read as follows:
5 113.04.125. Local Bidders.
6 "Any formal or informal bid submitted by a local
bidder pursuant to this Chapter shall receive an eight
7 percent ( 8%) credit for comparison purposes with other
bidders. For the purposes of this Section, "local
8 bidder" shall be a bidder with its primary place of
business located within the City of San Bernardino at
9 the time of submitting the bid, or with a place of
business in the City employing at least ten ( 10) full-
10 time employees at such time. "
11 SECTION 3. Section 12.20.040 is hereby added to the San
12 Bernardino Municipal Code to read as follows:
13 1112.20.040. Local Bidders.
14 "Any bid submitted by a local bidder for a public
project pursuant to this Chapter shall receive an
15 eight percent ( 8%) credit for comparison purposes with
other bidders. For the purposes of this Section,
16 "local bidder" shall be a bidder with its primary
place of business located within the City of San
17 Bernardino at the time of submitting the bid, or with
a place of business in the City employing at least ten
18 ( 10) full time employees at such time. "
19
20
21
22
23
24
25
26
27
28
DAB/bg (Preference.Ord] 2 January 7. 1994
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
3.04.125 AND 12.20.040 TO THE SAN BERNARDINO MUNICIPAL CODE
2 RELATING TO AN EIGHT PERCENT (8%) PREFERENCE FOR LOCAL BIDDERS ON
CITY PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES AND
3 FOR PUBLIC PROJECTS.
4 I HEREBY CERTIFY that the foregoing Ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 1994, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
16
17
City Clerk
18
19 The foregoing Ordinance is hereby approved this day
20 of , 1994.
21 Tom Minor, Mayor
22 City of San Bernardino
23 Approved as to form
and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26
27 By:
28
DAB/bg (Preference.ord] 3 January 7. 1994
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
3.04.125, 3.04.130, 12.20.040 AND 12.20.050 TO THE SAN BERNARDINO
3 MUNICIPAL CODE RELATING TO A PREFERENCE FOR LOCAL BIDDERS ON CITY
PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES AND FOR
4 PUBLIC PROJECTS.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1. Findings
7
The Mayor and Common Council of the City of San Bernardino
8 do find and declare as follows:
9 A. Firms and businesses located outside the City of
San Bernardino do not pay the City' s Utility
10 Users Tax, the City Wide street Lighting and
Street Sweeping Assessment, the various
11 landscaping and lighting district assessments,
and the downtown parking district assessments,
12 all placing them at a significant advantage in
relation to local firms and business which must
13 pay such exactions, when bidding on City projects
or to supply City goods and services. In order
14 to equalize the position of all such bidders it
is necessary to give local firms and businesses
15 a credit.
16 B. Businesses are leaving the City in record
numbers, including the relocation of the Santa Fe
17 yards out of state, the closure of Norton Air
Force Base and its attendant employment and the
18 numerous closure and relocation of small and
medium size businesses from this City, all
19 eroding the City' s property tax base and
significantly decreasing the income to the City
20 from sales tax, utility users tax, license and
users fees making it extremely difficult for the
21 City to provide basic health and safety services
to all of the residents of the City at a time
22 when crime and vandalism are increasing. It is
necessary to encourage local businesses to remain
23 in the City to contribute to the revitalization
of San Bernardino, by providing an increased
24 opportunity for them to do business on City
projects and to provide goods and services to the
25 City.
26 C. In an attempt to encourage businesses to relocate
to the City to offset and discourage increasing
27 gang activity, drugs, vandalism, crime, juvenile
delinquency, joblessness and the abandonment of
28 whole neighborhoods by their owners and
DAB/js (2Preference.Ordj 1 January 7, 1994
`Z- o"vretiA/ B-pr ✓es.S Assocmriow ?EQjos�
I residents, it is necessary to provide an
incentive to do business on City projects and to
2 provide city goods and services.
3 SECTION 2. Section 3.04. 125 is hereby added to the San
4 Bernardino Municipal Code to read as follows:
5 "3 .04.125. Local Bidders.
6 " ( a ) Any formal or informal bid submitted by a
local bidder pursuant to this Chapter shall receive a
7 credit for comparison purposes with other bidders as
specified in subsection (b) below.
8
" (b) ( 1 ) A bidder will receive a credit of 1% for
9 each successive year the bidder' s principal office has
been located in the City of San Bernardino up to a
10 maximum of three years.
11 ( 2 ) In addition to ( 1 ) above, a bidder will
receive a credit of 1% for each successive year that
12 the bidder has physically located 50% of its employees
in offices located in the City of San Bernardino, up
13 to a maximum of three years.
14 (3 ) The documentary information justifying the
credits to be given pursuant to this section shall be
15 provided in writing at the time the bid is submitted.
16 SECTION 3. Section 3.04. 130 is hereby added to the San
17 Bernardino Municipal Code to read as follows:
18 "3.04.130 Conflict of Interest.
19 "In addition to the prohibitions, regulations and
restrictions imposed by state law, it shall be
20 unlawful for the Purchasing Agent or any person
involved in the selection process of this Chapter to
21 offer, require, or receive rebates or kickbacks or to
enter into business relationships with a person or
22 entity submitting a bid. It shall also be unlawful
for any bidder or prospective bidder to offer or to
23 give rebates or kickbacks or to enter into business
relationships with any person involved in the
24 selection process of this Chapter. "
25 SECTION 4. Section 12.20.040 is hereby added to the San
26 Bernardino Municipal Code to read as follows:
27 1112.20.040. Local Bidders.
28 " ( a ) Any bid submitted by a local bidder for a
DAB/js (2Preference.Ord] 2 January 7. 1994
1 public project pursuant to this Chapter shall receive
a credit for comparison purposes with other bidders as
2 specified in subsection ( a) below.
3 " (b) ( 1 ) A bidder will receive a credit of 1% for
each successive year the bidder' s principal office has
4 been located in the City of San Bernardino up to a
maximum of three years.
5
( 2 ) In addition to ( 1 ) above, a bidder will
6 receive a credit of 1% for each successive year that
the bidder has physically located 50% of its employees
7 in offices located in the City of San Bernardino, up
to a maximum of three years.
8
(3 ) The documentary information justifying the
9 credits to be given pursuant to this section shall be
provided in writing at the time the bid is submitted.
10
SECTION 5. Section 12. 20.050 is hereby added to the San
11
Bernardino Municipal Code to read as follows:
12 °12.20.050 Conflict of Interest
13 "In addition to the prohibitions, regulations and
14 restrictions imposed by state law, it shall be
unlawful for any person involved in the selection
15 process of this chapter to, offer, require or receive
rebates or kickbacks or to enter into business
16 relationships with a person or entity submitting a
bid. It shall also be unlawful for any bidder or
17 prospective bidder to offer or to give rebates or
kickbacks or to enter into business relationships with
18 any person involved in the selection process of this
Chapter. "
19
20
21
22
23
24
25
26
27
28
DAB/js [2Preference.Ord] 3 January 7. 1994
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
3.04.125, 3.04.130, 12.20.040 AND 12.20.050 TO THE SAN BERNARDINO
2 MUNICIPAL CODE RELATING TO A PREFERENCE FOR LOCAL BIDDERS ON CITY
PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES AND FOR
3 PUBLIC PROJECTS.
4
I HEREBY CERTIFY that the foregoing Ordinance was duly
5
adopted by the Mayor and Common Council of the City of San
6
Bernardino at a meeting thereof, held on the
7
day of 1994, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
NEGRETE
10
CURLIN
11
HERNANDEZ
12 OBERHELMAN
13
DEVLIN
14
POPE-LUDLAM
15
MILLER
16
17
18 City Clerk
19 The foregoing Ordinance is hereby approved this day
20 of 1994.
21
22 Tom Minor, Mayor
City of San Bernardino
23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN,
City Attorney
26
27 By:
28
DAB/is (2Preference.Ordl 4 January 7. 1994