means a vendor, contractor, or consultant who has a valid
physical business address located within the boundaries of the city
of Temecula, at least six months prior to bid or proposal opening
date, from which the vendor, contractor, or consultant operates or
performs business on a day-to-day basis, and holds a valid business
license issued by the city of Temecula and designates, for sales tax
purposes, the city of Temecula as the point of sale for retail transactions
within the city. Post office boxes are not verifiable and shall not
be used for the purpose of establishing such physical address.
means public projects described in Section 3.32.010 up to forty-five thousand dollars may be performed by city employees by force account, by negotiated contracts or by purchase order.
(Ord. 12-04 § 1)
A.
Annually,
the city of Temecula spends a considerable amount purchasing supplies,
equipment, maintenance services, public projects, and professional
services. A substantial portion of the funds used to make these purchases
come from taxes and fees derived from local businesses.
B.
The
city council has determined that funds generated in the community
should, to the extent possible, be placed back in the local economy.
Retaining local dollars within a community reduces economic export,
increases the financial productivity of taxpayer dollars and increases
the consumption of local goods and services while fostering a sustainable
community.
C.
In working
towards a sustainable economy, the city council recognizes that sustainable
procurement policies are an important early step on the city's
path to a sustainable community. Leveraging the purchasing power of
the city to buy local products and services instead of products and
services from outside the city, strengthens the local economic activity
and employment as well as sets an example that helps foster and maintain
a vital economic community for future generations.
D.
The
city council has determined that it is in the best interest of the
city to give a preference to local vendors in making such purchases
whenever the application of such a preference is reasonable in light
of the dollar-value received in relation to such expenditure.
E.
The
city council further finds that this action is necessary to encourage,
promote, stimulate, preserve, and grow the local economy.
(Ord. 12-04 § 1)
A.
It is
the policy of the city to promote employment and business opportunities
for local residents and firms on all contracts and give preference
to local residents, workers, businesses, vendors, contractors, and
consultants to the extent consistent with the law and interest of
the public.
C.
The
provisions of this chapter shall be construed and implemented in accordance
with applicable federal and state laws.
(Ord. 12-04 § 1)
A.
In the solicitation of supplies and equipment, as provided in Chapter 3.28, the city council or the city manager may give a preference pursuant to this chapter to local vendors in making such purchase or awarding such contract.
B.
If the
vendor that submits the lowest responsive bid or quote is not a local
vendor as defined herein, the lowest responsive bid or quote submitted
by a local vendor that is within five percent of the lowest bid or
quote may be deemed to be the lowest bidder. However, said local vendor
must elect to reduce its bid or quote to match the bid or quote of
the lowest bidder, in writing, within one business day (excluding
weekends and holidays) of being notified of their status by the city.
C.
If the
lowest local vendor within five percent of the lowest bid or quote
does not elect to reduce its bid or quote to match the bid or quote
of the lowest bidder, then the next lowest local vendor shall be given
the opportunity to match the bid or quote of the lowest bidder as
set forth above, providing that this local vendor is also within five
percent of the lowest bid or quote that has been deemed responsive.
D.
In order
for a local vendor to be eligible to claim the preference, the local
vendor must request the preference in the response to the solicitation
and provide a copy of its current business license issued by the city.
(Ord. 12-04 § 1)
A.
In the
solicitation of contracts based on evaluation criteria which best
serves the needs of the city and provides the city with the highest
quality and cost effectiveness (such as services), as provided in
this title, the city council or the city manager may give a preference
pursuant to this chapter to local vendors in making such purchase
or awarding such contract.
B.
The
equivalent of a five percent preference will be added to final evaluated
score of each local vendor. If the five percent preference causes
the local vendor to have the best overall score, the local vendor
may be deemed the vendor that best serves the needs of the city and
provides the city with the highest quality and cost effectiveness.
However, said local vendor must elect to reduce the price portion
of its bid, quote, or proposal to match the price portion of the lowest
bidder, in writing, within one business day (excluding weekends and
holidays) of being notified of their status by the city.
C.
If the
local vendor does not elect to reduce the price portion of its bid,
quote, or proposal to match the price portion of the lowest bidder,
then the next lowest local vendor shall be given the opportunity to
match the price portion of the lowest bidder as set forth above, provided
the five percent preference causes said local vendor to have the best
overall score, and provided the local vendor is deemed the vendor
that best serves the needs of the city and provides the city with
the highest quality and cost effectiveness.
D.
In order
for a local vendor to be eligible to claim the preference, the local
vendor must request the preference in the response to the solicitation
and provide a copy of its current business license issued by the city.
E.
The
vendor, contractor, or consultant will also, to the extent legally
possible, solicit proposals for subcontractors and subcontractors
for work associated with the proposed contract from local firms as
opportunities occur and hire qualified local firms whenever feasible.
(Ord. 12-04 § 1)
A.
Pursuant to the Public Contracts Code and Chapter 3.32, public projects (i.e., public works construction) must be awarded to the lowest responsive, responsible bidder with certain exceptions. Section 3.32.010 provides that certain public projects up to forty-five thousand dollars may be performed by city employees by force account, by negotiated contracts or by purchase order ("minor public projects").
B.
In the bidding of, or letting for procurement of minor public projects, as provided in Chapter 3.32, the city council or the city manager may give a preference pursuant to this chapter to local vendors in making such purchase or awarding such contract.
C.
If the
vendor that submits the lowest responsive bid or quote is not a local
vendor as defined herein, the lowest responsive bid or quote submitted
by a local vendor that is within five percent of the lowest bid or
quote may be deemed to be the lowest bidder. However, said local vendor
must elect to reduce its bid or quote to match the bid or quote of
the lowest bidder, in writing, within one business day (excluding
weekends and holidays) of being notified of their status by the city.
D.
If the
lowest local vendor within five percent of the lowest bid or quote
does not elect to reduce its bid or quote to match the bid or quote
of the lowest bidder, then the next lowest local vendor shall be given
the opportunity to match the bid or quote of the lowest bidder as
set forth above, providing that this local vendor is also within five
percent of the lowest bid or quote that has been deemed responsive.
E.
In order
for a local vendor to be eligible to claim the preference, the local
vendor must request the preference in the solicitation and provide
a copy of its current business license issued by the city.
F.
The
local vendor selected for the work shall use good faith efforts to
subcontract the purchase of supplies, equipment, and services to local
vendors. The local vendor shall submit evidence of such good faith
efforts at the time of submission of bids. Good faith efforts may
be evaluated by placing advertisements inviting proposals in local
newspapers, sending request for proposals to local subcontractors,
or by demonstrating that no local subcontractors are qualified to
perform the work or provide the supplies, equipment, or services.
Any notice inviting bids which may require the use of subcontractors
shall include notification of this subsection. The city council or
city manager may reject as nonresponsive the bid of any contractor
proposing to use subcontractors that fail to comply with the requirements
of this subsection.
(Ord. 12-04 § 1)
The local preference set forth in this chapter shall not apply
to the following purchases or contracts:
A.
Supplies,
equipment, and services provided under a cooperative purchasing agreement;
B.
Purchases
or contracts which are funded in whole or in part by a governmental
entity and the laws, regulations, or policies governing such funding
prohibit application of a local preference;
C.
Purchases
made or contracts let under emergency or noncompetitive situations;
D.
Purchases
with an estimated cost of five thousand dollars or less; or
E.
Application
of the local vendor preference to a particular purchase, contract,
or category or contracts for which the city council is the awarding
authority may be waived at the city council's discretion.
(Ord. 12-04 § 1)
The local preference set forth in this chapter shall in no way
be construed to inhibit, limit or restrict the right and obligation
of the city council and the city manager to compare quality and fitness
for use of supplies, equipment, and services proposed for purchase
and compare the qualifications, character, responsibility, and fitness
of all persons, firms, or corporations submitting bids or proposals.
In addition, the preferences set forth in this chapter shall in no
way be construed to prohibit the right of the city council or the
city manager from giving any other preference permitted by law or
this title.
(Ord. 12-04 § 1)
The local vendor preference provided in this chapter shall apply
to new contracts for supplies, equipment, and services first solicited
on or after July 12, 2012. This chapter shall be implemented in a
manner consistent with otherwise applicable provisions of this title.
(Ord. 12-04 § 1)
Any vendor, contractor, or consultant claiming to be a local vendor shall so certify in the bid, in writing to the city manager. The city manager shall not be required to verify the accuracy or any such certifications, and shall have sole discretion to determine if a vendor, contractor, or consultant meets the definition of "local vendor." The decision of the city manager declaring that any person or business is not a local vendor shall be subject to appeal pursuant to the provisions of Section 3.28.350 with respect to purchases of supplies, equipment or services and Section 3.32.060 with respect to minor public projects.
(Ord. 12-04 § 1)
A.
The
information furnished by each bidder requesting a local vendor preference
shall be submitted to the purchasing officer under penalty of perjury.
B.
No person
or business shall knowingly or fraudulently obtain, retain, attempt
to obtain or retain, or aid another in fraudulently obtaining or retaining
or attempting to obtain or retain certification as a local vendor
for the purpose of this chapter.
C.
No person
or business shall willfully and knowingly make a false statement,
whether by affidavit, report, or other representation, to a city official
or employee for the purpose of influencing the certification or denial
of certification of any entity as a local vendor.
D.
A business
which has obtained city certification as a local vendor by reason
of having furnished incorrect supporting information or by reason
of having withheld information, and which knew or should have known,
the information furnished was incorrect or the information withheld
was relevant to its request for certification, and which by reason
of such certification has been awarded a contract to which it would
not otherwise have been entitled, shall:
1.
Pay
the city any difference within the contract amount and what the city's
costs would have been if the contract had been properly awarded;
2.
In
addition to the amount described in subsection (D)(1) be assessed
a penalty in an amount of not more than ten percent of the amount
of the contract involved; and
3.
Be
ineligible to transact any business with the city for a period of
not less than three months and not more than twenty-four months as
determined in the sole discretion of the city manager. The city manager
shall also have the right to terminate all or any part of any contract
entered into with such person or business.
E.
The penalties identified in subsection D shall also apply to any business that has previously obtained proper certification and, as a result of a change in its status would no longer be eligible for certification, fails to notify the city of this information prior to responding to a solicitation or accepting a contract award.
(Ord. 12-04 § 1)
A.
The
city manager is authorized to adopt administrative rules supplemental
to the provisions of this chapter as necessary or appropriate to implement
the provisions of this chapter.
B.
The
provisions of this section and the rules adopted by the city manager
shall be provided to potential bidders, vendors, and contractors to
the widest extent practicable.
(Ord. 12-04 § 1)
