HomeMy WebLinkAbout032657 ORD - 02/08/2022Ordinance replacing Council Policy No. 26 and enacting new Council
Policy No. 26 to provide a local preference applicable to the
procurement of professional services, with local preferences for non-
professional services, goods, and supplies to be addressed in Fiscal
Year 2023.
Section 1. City Council Policy No. 26, published in the City's Code of Ordinances, is
repealed in its entirety and replaced by enacting new City Council Policy No. 26 to
provide a local preference applicable to the procurement of professional services, with
local preferences for the procurement of non-professional services, goods, and supplies
to be addressed in fiscal year 2023, to read as follows:
"26. Hire Corpus Christi First.
{a) In order to maximize the effectiveness of local tax dollars by ensuring a
thc citizens by using all available legal opportunities to contract with local
bucine: ses, 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 thc best interests of the City.
(b) Definitions.
Bid means any procurcment 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 (1) or more of
conducts a substantial part of its operations or performs a substantial role in a
commercially useful function. A local place of busincss used solely as a post
office box, mail drop or telephone message center or any combination thereof,
construed as a principal place of business.
{c) Purchases of real property or personal property that is not affixed to real
property.
real property, if the City receives one (1) or more bids from a bidder whose
{3) percent of the lowest bid price received by the City from a bidder who is
not a resident of Corpus Christi, the City shall cntcr into a contract with thc
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0326.57
SCANNED
lowest bidder whose principal placc of busincss is in thc local ar a, 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
City cr ated by thc contract award, including thc employment of Corpus
Christi residents and increased tax revcnues to the City.
(ii) This section does not prohibit thc 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
9.9 as
except for construction services or professional services subject to Chapter 2254
of the Texas Government Codc.
services that are subject to Chapter 2254 of the Texas Government Codc, as
amended, if the City receives one (1) or morc competitive c alcd bids from a
within five (5) percent of thc lowest bid price received by thc City from a
bidder who is not a resident of Corpus Christi, the City shall enter into a
hereby determines that the local lowest bidder offers the City of Corpus
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 entcr into
(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.
(e) Requests for city council determination.
(i) A department director or purchasing official may request that city council
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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.
"26. — Local Preference.
26-1. Declaration of policy.
(a) It is the policy of the City of Corpus Christi 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.
(b) It is the policy of the City to place an affirmative duty on city departments to
grant a preference to local businesses unless prohibited by granting
agencies, Federal law, State law, Local Ordinance, City resolution or if doing
so would be contrary to the best interests of the city.
(c) It is the policy of the City to achieve the policy mentioned in section (a)
above by utilizing all permissible tools.
(d) Nothing herein shall prohibit the City from rejecting any or all bids, as
permitted by law.
(e) Except as provided by this Council Policy No. 26, Local Preference, the
City's policies and procedures governing procurement shall otherwise remain
unchanged.
26-2. Definitions.
The words and phrases defined in this section and used in this policy have the
following meanings:
Bid means any procurement method governed by Texas state law.
City means the City of Corpus Christi
Joint Venture means a collaboration of for-profit business entities, in
response to a solicitation, which is manifested by a written proposal or
agreement between two or more independently owned and controlled
business firms to form a new entity solely for the purpose of undertaking
distinct roles and responsibilities in the completion of a given contract.
Local area means within the Corpus Christi city limits.
Local business means a business with a principal place of business in the
local area.
Managing department means the department within the City that will
oversee the executed agreement or contract.
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 workforces are regularly based, and/or from which
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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.
26-3. Reserved. (Purchase of personal property.)
26-4. Reserved. (Purchase of non-professional services.)
26-5. Purchase of professional services.
(a) Purchases of professional services contracts. In procuring professional
services the managing department may, when appropriate, award up to 10
points to a respondent based upon knowledge of, and experience regarding,
local conditions as part of the qualifications' determination.
(b) In procuring professional services not governed by statute, revenue, and
concession contracts, the managing department may, when appropriate,
award 10 points to a respondent that is a local business headquartered in
the local area or 5 points to a respondent that is a local business not
headquartered in the local area.
(c) For respondents submitting responses as a joint venture to solicitations for
professional services not governed by statute the following is applicable: (1)
For joint ventures, ownership and location of each of the individual entities in
a joint venture may be considered in the award of points. To be considered
for points, at least one of the entities must be a local business; and (2)
allocation of points for joint ventures may be determined by the percentage
of ownership by a local business or businesses. If the local business
entity/entities is/are headquartered within the local area for one year or more,
the managing department may, when appropriate, allocate a percentage of
the 5 points based upon the percentage of local business ownership in the
joint venture. If the local business entity/entities is/are not headquartered
within the local area for one year or more, the managing department may,
when appropriate, allocate a percentage of five points based on the
percentage of local business ownership in the joint venture.
(d) 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.
26-6. Exceptions.
(a) This policy does not apply to any contract in which the state or federal
government participates in the form of a grant or loan, the city acts as a
conduit for state or federal money, or in which the granting of a preference
may not be permissible under state or federal law.
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(b) This policy does not apply to contracts in which the managing department
has determined that it would unduly interfere with department needs. In such
cases, the department director shall make this exception known in writing to
the procurement official handling the solicitation.
(c) This policy does not apply to the purchase of telecommunications services or
information services, as those terms are defined by 47 U.S.C. Section 153
(d) This policy does not apply to contracts where the city council has determined
that it would not be in the best interest for the city.
26-7. Requests for city council determination.
(a) A department director or procurement official may request that city council
consider and determine whether to grant a preference to a local business
under this policy for any reason.
(b) A department director or procurement 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 procurement official finds that to grant
a local preference under this policy could be contrary to the intent of this
policy."
The fore� oring ordinance was read for the first time and passed to its second reading on
this the day ofvwu, , 2022, by the following vote:
Paulette M. Guajardo 4 John Martinez
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
The foregoing ordinance
day of RA7Ak�M 2022, by the following vote:
Ben Molina
Mike Pusley
Greg Smith
was read for the second time and passed finally on this the
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
ALI)L
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PASSED AND APPROVED on this the Thr) ' ' day of3ru,;l , 2022.
ATTEST:
VUr✓N�
Rebecca Huerta aulette M. Guajardo
City Secretary Mayor
032657 J
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