[HISTORY: Adopted by the City Council of the City of Las
Vegas 7-14-2021 by Ord. No. 21-13. Amendments noted where applicable.]
This chapter shall be known and cited as the "Finance and Budget
Ordinance" and referred to herein as the "chapter."
The fiscal year of the City shall begin on July 1 and end on
June 30 of each consecutive year.
A.
The City of Las Vegas hereby adopts the State of New Mexico Procurement
Code (§§ 13-1-28 through 13-1-199 NMSA 1978) as the
City of Las Vegas Procurement Code ("City Procurement Code"). Pursuant
to its home-rule authority, and the City Charter, the City may adopt
rules specific to the City which depart from state law. Any departures
from the state law shall be adopted by ordinance.
B.
Exemptions permitted by §§ 13-1-98 through 13-1-98.2
NMSA 1978 are hereby adopted, in addition to purchases of publicly
provided utilities, including but not limited to gas, electricity,
water, telecommunications and cable television.
C.
The purchasing officer shall be the "Chief Procurement Officer of
the City" as defined by NMSA § 13-1-38.1.
D.
Local preferences. Local business, as defined below, shall take precedence
over the state preferences provided in NMSA 1978, § 13-1-21,
and only one such preference shall be applied during the procurement
process to any one bid or proposal. If it is determined that the local
business, as defined below, applies to one or more offerors in any
solicitation, the state preferences provided in NMSA 1978, § 13-1-21
will not be applied to any offers. Notwithstanding, NMSA 1978, § 13-1-21,
the City shall apply the following definitions and preferences, and
require all offerors to submit a local preference certification form,
which is substantially in the form of the local preference certification
form as attached to City Ordinance 21-13, with each bid or proposal:
(1)
"Local business" or "local businesses" means a business that has
a valid resident business certificate issued by the New Mexico Taxation
and Revenue Department pursuant to § 13-1-22, and which
shows that the principal office, and not only the mailing address,
is physically located within the limits of San Miguel County, New
Mexico, and has been established no less than six months preceding
application for certification. A subcontractor may not qualify for
local business status on behalf of a prime contractor. Only the business,
or if joint venture, one of the parties of the joint venture, which
will actually be performing the services or providing the goods solicited
and will be responsible under any resulting contract will qualify
for local business preference.
(2)
"Principal office" means the main or home office of the business
as identified on tax returns, business licenses and other official
business documents. A principal office is the primary location where
the business conducts its daily operations, for the general public,
if applicable. A temporary location or movable property, or one that
is established to oversee projects in the County of San Miguel, New
Mexico, does not qualify as a principal office.
(3)
When the City makes a purchase using a formal bid process, the City
shall deem a bid submitted by a local business to be 3% lower than
the bid actually submitted. In addition, if the bid includes subcontractors
who are also local businesses, the City shall deem a bid submitted
by a local business with local business subcontractors to be 6% lower
than the bid actually submitted. If a business which is not a local
business hires all local business subcontractors, the City shall deem
the bid to be 3% lower than the bid actually submitted.
(4)
When the City makes a purchase using a formal request for proposals
process, not including contracts awarded on a point-based system,
the City shall award an additional:
(5)
When the City makes a purchase using a formal request for proposals
process, and the contract is awarded based on a point-based system,
the City shall award additional points equivalent to:
(6)
The maximum available local preference shall be 6% of the total possible
points.
E.
Competitive sealed proposals valued in excess of $1,000,000.
(1)
If the bid or proposal includes subcontractors who are also local
businesses, the City shall deem a bid or proposal submitted by a local
business to be 6% lower than the bid actually submitted, if and only
if at least 50% of the subcontracted services go to subcontractors
who are local businesses.
(2)
If a business, which is not a local business, hires local business
subcontractors, the City shall deem the bid or proposal to be 3% lower
than the bid actually submitted, if and only if at least 50% of the
subcontracted services go to subcontractors who are local businesses.
F.
City employees shall endeavor to procure local goods and services
that qualify as "small purchases" as defined by NMSA § 13-1-125.
[Added 4-13-2022 by Ord. No. 22-02]
Any recipient of funds (including without limitation Lodger's
Tax, American Rescue Plan Act, City of Las Vegas general fund, or
any state or federal funding distributed through or by the City of
Las Vegas), or other such payment or benefit, from the City of Las
Vegas ("recipient"), whether the organization operates in a nonprofit
capacity, for-profit capacity or some other capacity, shall provide
in writing a completed expenditure accounting report (EAR) to the
City Council, City Manager and City's Finance Department, with
such EAR being signed and submitted by either the director/CEO, chairman/president
or other designee under penalty of perjury by the recipient. The recipient
shall provide the EAR within 15 days of the request of the City Council,
City Manager, City Finance Department, or other City designee, but
in no case more than 30 days after the date the recipient receives
any funds from the City, and by the first of each consecutive month
thereafter until all funds received by the City are fully expended.
An extension may be requested in writing by the recipient, and may
be granted under extraordinary circumstances in the sole discretion
of the City Manager. The EAR shall include the amount of funds received,
and any expenditure associated with the funds, detailed information
as required and as included in the EAR form provided by the City,
as well as any other information requested by the City, including
without limitation financial and budget records and documents. Failure
to timely deliver the complete EAR, and any further documentation
as requested, shall disqualify the recipient from consideration for
receiving any funds or other benefits from the City for a two-year
period, beginning on the date the EAR should have been received by
the City. All recipients shall conduct any and all organization meetings
in a manner that is open to attendance by the City and its designees,
and the general public. All recipients shall deliver, upon request
of the City, a copy of minutes and other documentation from the recipient's
organization meetings, with such information being available to the
public. The recipient shall also make available to the City their
budget and expenditures, regarding the funds, payment or benefit recipient
receives from the City. The recipient shall also post their budget
and expenditures on their website or social media platforms that are
accessible to the public for public transparency. Failure to comply
with the requirements in this section shall result in the City immediately
discontinuing any payments for a two-year period or until the recipient
provides to the City certification or legal documentation that deficiencies
and/or noncompliance issues have been remedied to the satisfaction
of the City. Each recipient shall acknowledge under penalty of perjury
that no member of their board is benefitting from the funds, payments
or other benefits received by the City, either personally, through
a separate business, as an employee, or through any other manner unless
procured and/or approved by the City. Acceptance or receipt of funds,
payments or other benefits by the recipient from the City shall be
subject to audit and review such matters, including without limitation,
budgets, invoices, copies of bids, sub-contractor bids and invoices,
reports, data, records, statements and all documentation requested
by the City. Funds, payments and other benefits provided by the City
shall not be used for salary or benefits for any staff member or officer,
but shall only be used for the specific project defined in a scope
of work, unless otherwise specified as administrative costs in a defined
budget which has been pre-approved in writing by the City. All funding,
payment or other benefits provided by the City shall be defined in
a contractual agreement with a budget and scope of work. Funding from
a local, state, federal or other entity shall require full and transparent
accountability to the public. By accepting any funds, payment or other
benefit under this section, each and every recipient is agreeing to
be subject to audit by the City, local, state or federal entities,
upon the request of said entities. Each recipient shall maintain a
valid and current business license and be in good standing with all
required local, state and federal laws, rules, ordinances and regulations
or any kind whatsoever, and shall not be on a debarment list. Each
recipient shall be documented with, and recognized by, the State of
New Mexico Secretary of State's office, and shall be real, active
and operational in producing goods or services for profit, or be a
governmental, charitable or other validly created and operating nonprofit
entity.
