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HomeMy WebLinkAbout029532 ORD - 06/19/2012ORDINANCE ADDING SECTION 26, HIRE CORPUS CHRISTI FIRST, TO PART II COUNCIL POLICIES, OF THE CORPUS CHRISTI CODE OF ORDINANCES, RELATING TO LOCAL CONTRACTING PREFERENCES; PROVIDING FOR SEVERABILITY WHEREAS, City Council wishes to use the City spending powers in a manner that promotes fiscal responsibility and maximizes the effectiveness of local tax dollars by ensuring a portion of citizens' tax dollars remain in the local economy for economic benefit of the citizens; and WHEREAS, City Council finds that by encouraging the local business capacity, the City will maintain an able and competitive pool of businesses from which to choose to procure goods and services; and WHEREAS, City Council finds that awarding contracts to local vendors provides additional economic benefit for a city's citizens by keeping their tax dollars local; and WHEREAS, City Council finds the principal place of business of a business is a relevant criterion in providing best value for the City; and WHEREAS, City Council finds that awarding contracts to businesses located within the city limits, defined herein as the local area, benefits the City and its residents by improving employment opportunities, increasing property values, and increasing sales tax revenues; and WHEREAS, City Council finds that the Texas Local Government Code Sections 271.905 and 271.9051 allow the City to consider a vendor's principal place of business in awarding certain contracts; and WHEREAS, City Council determines that in any procurement addressed by this Ordinance, the local bidder offers the City the best combination of contract price and additional economic development opportunities, including the employment of residents of the City and increased tax revenue to the City; and WHEREAS, City Council finds that the conclusions and determinations contained herein meet the written determination required by the Texas Local Government Code in Sections 271.905(b)(2) and 271.9051(b)(2) or as they may be amended or renumbered; and WHEREAS, City Council desires to add a new Section 26 to Part II, Council Policies, of the Code of Ordinances to require utilization of state law to create a contracting preference for local businesses; ea122586-c3c6-4dcb-8bed-2a887325aac1.docx Page 1 of 5 029532 INDEXED NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The findings in the preamble of this Ordinance are determined to be true and correct and are hereby adopted. Section 2. That Council Policies, Part II of the Corpus Christi Code of Ordinances, is hereby amended by adding the following new Section 26: Sec. 26. Hire Corpus Christi First. (a) In order to maximize the effectiveness of local tax dollars by ensuring a portion of citizens' tax dollars remain in the local economy for economic benefit of the citizens by using all available legal opportunities to contract with local businesses, city department directors and purchasing officials have a duty to grant a preference to local businesses unless doing so would violate the law or be contrary to the best interests of the City. Nothing in this section prohibits the city from rejecting any or all bids. (b) Definitions. Bid means any procurement method governed by Texas state law. Local area means within the Corpus Christi city limits. Local business means a business with a principal place of business in the local area. Principal place of business means a business headquarters or an established place of business within the city limits (local area) from which one or more of the entity's workforce are regularly based, and/or from which a business conducts a substantial part of its operations or performs a substantial role in a commercially useful function. A local place of business used solely as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, may not be construed as a principal place of business. (c) Purchases of real property or personal property that is not affixed to real property. (1) In purchasing any real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in -the local area and whose bid is within three percent of the lowest bid price received by the City from a bidder who is not a resident of Corpus Christi, the City ea122586-c3c6-4dcb-8bed-2a887325aac1.docx Page 2 of 5 shall enter into a contract with the lowest bidder whose principal place of business is in the local area, as the City Council of the City of Corpus Christi hereby determines that the local lowest bidder offers the City of Corpus Christi the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of Corpus Christi residents and increased tax revenues to the City. (ii) This section does not prohibit the City from rejecting any or all bids. (iii) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. (d) Purchases of real property, personal property that is not affixed to real property, or services of less than $500, 000 except for construction services or professional services subject to Chapter 2254 of the Texas Government Code. (i) In purchasing any real property, personal property that is not affixed to real property, or services other than construction services or professional services that are subject to Chapter 2254 of the Texas Government Code, as amended, if the City receives one or more competitive sealed bids from a bidder whose principal place of business is in the local area and whose bid is within five percent of the lowest bid price received by the City from a bidder who is not a resident of Corpus Christi, the City shall enter into a contract for purchases in an amount of less than $ 500,000 with the lowest bidder whose principal place of business is in the local area, as the City Council of the City of Corpus Christi hereby determines that the local lowest bidder offers the City of Corpus Christi the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of Corpus Christi residents and increased tax revenues to the City. (ii) This section does not prohibit the City from rejecting any or all bids. (iii) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. (iv) This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. (e) Requests for city council determination. ea122586-c3c6-4dcb-8bed-2a887325aaci.docx Page 3 of 5 1.. (i) A department director or purchasing official may request that city council consider and determine whether to grant a preference to a local business under this section for any reason. (ii) A department director or purchasing official has a duty to request that city council consider and determine whether to grant a preference to a local business if the department director or purchasing official finds that to grant a local preference under this section could be contrary to the intent of this policy. Section 3. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 4. This ordinance takes effect immediately upon passage. ea122586-c3c6-4dcb-8bed-2a887325aac1.docx Page 4 of 5 The foregoing ordinance was read for the first time and passed to its second reading on this the 12 day of , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal The foregoing ordinaicQ. was read for the second time and passed finally on this the day of cuaL John E. Marez Nelda Martinez Mark Scott David Loeb °r 4‘3( Q --J‹ aeye- Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal , 2012, by the following vote: John E. Marez Nelda Martinez Mark Scott David Loeb PASSED AND APPROVED this the )gday of ATTES Armando Chapa City Secretary EFFECTIVE'DA»E_ 1-4a- ( 9 ) I2,P* ea122586-c3c6-4 icb-8bed-2a887325aac1.docx Joe A me Mayor 029532 , 2012. Page 5 of 5 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5998798 PO # 02 Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricia, Counties, and that the publication of, NOTICE OF PASSAGE OF ORD. NO. 029532 Ord which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 6/24/2012, 6/24/2012. $ 74.83 1Time(s) LEGAL SALES REPRESENTIVE On thisO U day of Lo(viL , 2 ()re_ I certify that the attached document is a true and an exact copy made by pub .sher. Notary blic, e of Texas MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 CALLER -TIMES « June 24, 2012 « 13E Legal Notices 1110 NOTICE OF PASSAGE OF ORD. NO. 029532 Ordinance adding Section 26, Hire Cor- pus Christi First, to Part 11 Council Poli- cies, of the Corpus Christi Code of Ordi- nances, relating to local contracting pref- erences; providing for penalties. This ord, is effective June 19, 2012. /s/ Armando Chapa City Secretary L "