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(a) Award of Local Small Business and Local Transitional Employer Preference. An Awarding Authority shall grant a 10% preference to a Local Small Business or Local Transitional Employer. The preference shall be applied to Bids and Proposals in the following manner:
(1) Bid. The Awarding Authority shall apply the preference to a Bid price solely for Bid evaluation purposes such that the total Bid price shall be reduced by 10% of the Bid amount, and the reduced Bid amount shall be deemed the amount Bid by that Bidder.
(2) Proposal. The Awarding Authority shall apply the preference to a Proposal solely for Proposal evaluation purposes such that the score awarded to a Proposal shall be increased by 10% of the total possible evaluation points.
(b) Award of Subcontractor Preference. The Awarding Authority shall provide a preference of up to 5% to a contractor’s Bid or Proposal that does not qualify for the Local Small Business or Local Transitional Employer Preference, but that identifies a Subcontractor certified as a Local Small Business or Local Transitional Employer. The Bid or Proposal must identify each Subcontractor, the proposed work of the Subcontractor, and the cost of the work for each Subcontractor. The Subcontractor preference shall be applied to Bids or Proposals in the following manner:
(1) Bid. The Awarding Authority shall provide a 1% preference to the Bid price for every 10% of the cost of the proposed work to be performed by the qualifying Subcontractor.
(2) Proposal. The Awarding Authority shall provide a 1% increase of the total possible evaluation points for every 10% of the total cost of the proposed work under the Contract to be performed by the qualifying Subcontractor.
SECTION HISTORY
Added by Ord. No. 187,121, Eff. 8-7-21.
(a) Award of Local Business and City Business Preference. An Awarding Authority shall award a 6% preference to a Local Business. A Local Business that is also a City Business shall be awarded an additional 4% preference. The preferences shall be applied to a Bid and Proposal in the following manner:
(1) Bid. The Awarding Authority shall apply the preference to a Bid price solely for Bid evaluation purposes such that the total Bid price by a Local Business shall be reduced by 6% of the Bid amount. The total Bid price by a Local Business that is also a City Business shall be further reduced by 4% of the Bid amount. The reduced Bid amount shall be deemed the amount Bid by the Bidder. If the Local Business or City Business also receive any of the preferences in Section 10.25.5(b), the total Bid price shall be further reduced by the additional preferences awarded.
(2) Proposal. The Awarding Authority shall apply the preference to a Proposal solely for Proposal evaluation purposes such that the score awarded to a Proposal submitted by a Local Business shall be increased by 6% of the total possible evaluation points. The score awarded to a Local Business that is also a City Business shall be further increased by 4% of the total possible evaluation points. If the Local Business or City Business also receives any of the preferences in Section 10.25.5(b), the Proposal’s score shall be further increased by the additional preferences awarded.
(1) A Local Business or City Business that is also a Local Small Business or Local Transitional Employer shall receive an additional 2% preference for each certification.
(2) A Local Business or City Business that is not eligible for the additional preference in Section 10.25.5(b)(1), but that identifies a Subcontractor that is a Local Small Business or a Local Transitional Employer, shall receive up to a 2% preference for each Subcontractor certification. The additional preferences under this subsection shall be applied as follows:
a. Bid. The Awarding Authority shall provide a 1% preference to the Bid price for every 10% of the total Bid amount to be performed by the qualifying Subcontractor.
b. Proposal. The Awarding Authority shall provide a 1% increase of the total possible evaluation points for every 10% of the total cost of the proposed work under the Contract to be performed by the qualifying Subcontractor.
c. The Bid or Proposal must identify each qualifying Subcontractor, the proposed work of the Subcontractor and the cost of the work for each Subcontractor.
(c) Award of Subcontractor Preference. A Bid or Proposal that does not qualify for the preferences in Subsections (a) and (b) of Section 10.25.5 may receive up to a 5% preference if it identifies a Subcontractor that is a Local Business, City Business, Local Small Business or Local Transitional Employer.
(1) The Bid or Proposal must identify each Subcontractor, the proposed work of the Subcontractor and the cost of the work for each Subcontractor.
(2) The Subcontractor preference shall be applied to a Bid or Proposal in the same manner as applied in Subsections a. through c. of Section 10.25.5(b)(2).
(d) Maximum Preference Awards and Value Cap.
(1) The maximum preference awarded to a Local Business under this article shall not exceed 10%.
(2) The maximum preference awarded to a City Business under this article shall not exceed 12%.
(3) The maximum value of the combined preferences awarded under this article shall not exceed one million dollars.
SECTION HISTORY
Added by Ord. No. 187,121, Eff. 8-7-21.
Amended by: Ord. No. 188,147, Eff. 3-15-24.
(a) The penalties in Subsection (b) may be assessed on any Contractor that:
(1) Fails to qualify or maintain its status as a Local Business, City Business, Local Small Business, or Local Transitional Employer for more than 60 days during the entire term of the Contract;
(2) Fails to utilize the Subcontractor that provided the basis for the preference or, in the event the Subcontractor is unable to either perform the work or maintain its qualifying status, fails to replace the Subcontractor with another qualifying Subcontractor within 60 days of non-performance or loss of qualifying status;
(3) Provides false or incorrect information for certification as a Local Business, City Business, Local Small Business, or Local Transitional Employer, and because of such certification, is awarded a Contract to which it would not otherwise be entitled;
(4) Fails to cooperate with the DAA pursuant to Section 10.25.8; or
(5) Fails to comply with the rules and procedures for this article.
(b) The Awarding Authority may impose the following remedies:
(1) Withhold or recover funds from the Contractor up to an amount that represents the value of the Bid or Proposal preference. The amount shall be determined as follows:
a. For Bids – The difference between the amounts paid to the Contractor pursuant to the Contract and what the City’s costs would have been if the Contract had been awarded to the next lowest responsive responsible Bidder.
b. For Proposals – Multiplying the percentage of the preference evaluation points awarded to the Contract dollar amount.
(2) Additional costs and expenses to the City resulting from the Contractor’s failure to comply with this article.
(3) Termination of all or part of the Contract.
(c) The remedies available to the City under this section are in addition to all other contractual or legal rights and remedies available to the City under law.
SECTION HISTORY
Added by Ord. No. 187,121, Eff. 8-7-21.
Amended by: Subsecs. (a)(1) - (a)(3), Ord. No. 188,147, Eff. 3-15-24.
(a) This article applies only to Contracts that involve the expenditure of funds entirely within the City’s control and shall not apply to Contracts that involve the expenditure of funds that are not entirely within the City’s control, such as state and federal grant funds that, due to legal restrictions, prohibit its application.
(b) This article shall not apply to a Bid or Proposal if it would violate or conflict with federal or state law.
(c) An Awarding Authority may award a Contract to a Bidder or Proposer without applying a Bid or Proposal preference pursuant to this article if the General Manager, Director, or their designee makes a written determination that it is not in the City’s best interest to grant a Bid or Proposal preference.
SECTION HISTORY
Added by Ord. No. 187,121, Eff. 8-7-21.
The DAA shall promulgate and amend rules and procedures to implement, administer, and enforce the provisions of this article. The DAA shall have discretion to determine whether a Person qualifies as a Local Business, a City Business, a Local Small Business, or a Local Transitional Employer. The DAA may audit Contractors and Subcontractors and monitor compliance, including the investigation of alleged violations of this article. The Contractor and Subcontractor shall cooperate with the DAA and the Awarding Authority in the course of an audit or investigation.
SECTION HISTORY
Added by Ord. No. 187,121, Eff. 8-7-21.
Amended by: Ord. No. 188,147, Eff. 3-15-24.
The provisions of this article shall apply to a Contract if the solicitation for the competitive Bid or Proposal resulting in the Contract is issued by the Awarding Authority after the effective date of the ordinance.
SECTION HISTORY
Added by Ord. No. 187,121, Eff. 8-7-21.
If any subsection, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this section, and each subsection, sentence, clause, and phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION HISTORY
Added by Ord. No. 187,121, Eff. 8-7-21.
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