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HomeMy WebLinkAbout2003-01 Executive Order "" - -"", ",,,,,,. -'~'""_""""""~""=""'~'~F=_ "i.t;~,,-, >C "eo',' '-"","";-"0 '--- - "_ -""'-'1"'7-e'~?~""'__"C;7c,~iY~~~,~-'!'-':':::\';fE'"~',;~~s:r ~"'::~'-":'~,'{,~~:~,~,___,_" ~""-,~ , .~ o o , . 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.). ." . .. . ".... - --""''''~'''-'"'-';-''"'-'''''''-> ';):-;;"r!~-"":,r~Yii'~"' _, C-'-'i-'~'~:;::;~.L~~~~,_y__~" o o 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). ~~::1";~' - ---_-~L2_f:I:S.a:::~;~~T~?:~::!~~:::"~='--'-- ,- -"~;T_",IP~':~..~...~,?>~"'t7;-.-p;;'-='~---7"-- - '-.---~c--_o-"""__"-_",~c~"",-""C'o_',,j -"--;-''':-''-'-:>''''?~~ o o 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: