Sections:
3.64.010 Local business enterprise and local hire programs.
3.64.020 LBE and local hire participation levels.
3.64.030 Sheltered market program.
3.64.040 MBE/WBE/DBE bid requirements.
3.64.050 Provision of false information a misdemeanor.
3.64.060 Information to be provided under penalty of perjury.
The city council may adopt by resolution programs to promote and provide incentives for the participation of local business enterprises (LBEs) in any city contracts. The city council may also adopt by resolution programs to promote and provide incentives for the hiring of local residents to perform work on public projects. The city manager may adopt administrative procedures to implement the provisions of these programs. (Ord. 2024-0010 § 8)
A. The specifications or request for bids or proposals for any contract may establish goals or minimum levels for participation in the contract by LBEs. No bidder or proposer on the contract is considered responsive unless the bid or proposal meets the minimum LBE participation levels established for the contract, in accordance with the administrative policies authorized by section 3.64.010.
B. The specifications or request for bids for any public project contract may establish goals or minimum levels for hiring local residents to perform work on the project, and may require contractors to obtain referrals when hiring employees and interns for the project from apprenticeship programs, employment and training agencies, and other sources. (Ord. 2024-0010 § 8)
The LBE programs and their respective administrative policies authorized by section 3.64.010 may provide for a sheltered market program that restricts bidding and awards for contracts and agreements that do not exceed the contract approval authority of the city manager in sections 3.04.010 and 3.56.080. (Ord. 2024-0010 § 8)
The LBE and local hire programs authorized in sections 3.64.010 through 3.64.030, inclusive, do not apply to any contract awarded under or funded by any federal or state program that includes minority business enterprise (MBE), women business enterprise (WBE), or disadvantaged business enterprise (DBE) participation goals. The contracts will be awarded in accordance with the applicable MBE, WBE, or DBE requirements and policies. (Ord. 2024-0010 § 8)
A. No person shall submit false information to the city, or to the city's representative, for the purpose of establishing the status of any business entity, including a sole proprietorship, as a MBE, WBE, DBE, or LBE.
B. No person shall submit false information to the city or the city's representative in connection with any bid or proposal regarding the MBE, WBE, DBE, or LBE status of any business entity, including a sole proprietorship, or regarding efforts made by that person to meet the MBE, WBE, DBE, or LBE participation levels included in a city contract.
C. No person shall submit false information to the city or the city's representative in connection with any local hire program, including the location where an employee resides or efforts made to meet the local hire participation levels included in a city contract.
D. Any person who violates this section is guilty of a misdemeanor. This is in addition to any other remedies authorized by any other provisions of this code or provided for by any federal, state, or local law or regulation. (Ord. 2024-0010 § 8)
A. Whenever any bid or proposal to be submitted to the city calls for the bidder or proposer to submit information about the MBE, WBE, DBE, or LBE status of any business entity, including a sole proprietorship, or about the efforts made by the bidder or proposer to meet the MBE, WBE, DBE, or LBE participation goals included in a city contract or agreement, the bidder or proposer shall submit the information under penalty of perjury.
B. Whenever any bid to be submitted to the city calls for the bidder to submit information about the bidder's local hire plan or about the efforts to be undertaken by the bidder to meet the local hire participation goals included in a city contract, the bidder shall submit the information under penalty of perjury. (Ord. 2024-0010 § 8)