§ 4-108. LOCAL PREFERENCE IN CONTRACTS REQUIRING COMPETITIVE BIDDING.

Except for those contracts funded by the federal or state government when such funding would be jeopardized because of this preference, the Council authorizes the Purchasing Manager to extend a preference to a local business as expressly set forth herein.

(a)

For purposes of this subsection, "local business" shall mean a business with a fixed primary or branch office either (i) within a twenty-five mile radius of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, or (ii) within the County of Fresno; and which fixed primary or branch office was established prior to the city inviting bids for the respective purchase. Whenever the bid amount of the lowest responsive and responsible bid exceeds five hundred thousand dollars ($500.000.00), the Purchasing Manager, in the evaluation of any and all competitive bids for the purchase of materials, supplies, and/or equipment pursuant to Charter Section 1208, shall extend a five percent (5%) preference consistent with subsection (c) below.

(b)

For purposes of this subsection, "local business" shall mean a business (i) having a total of one hundred or fewer employees, an average annual gross receipts of twelve million dollars ($12.000.000.00) or less over the three calendar years immediately prior to the year in which city is inviting bids for the respective purchase, and having a valid small business certification issued by the State of California; (ii) with a fixed primary or branch office either within a twenty-five mile radius of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, or within the County of Fresno; and (iii) which fixed primary or branch office was established prior to the city inviting bids for the respective purchase. Whenever the bid amount of the lowest responsive and responsible bid is less than or equal to five hundred thousand dollars ($500.000.00), the Purchasing Manager, in the evaluation of any and all competitive bids for the purchase of materials, supplies, and/or equipment pursuant to Charter Section 1208, shall extend a five percent (5%) preference consistent with subsection (c) below.

(c)

The preference in (a) and (b) above shall be extended consistent with each of the following:

(1)

The amount of the preference shall be equal to the amount of five percent (5%) applied to the lowest responsive and responsible bid; provided, however, in no event shall the amount of the preference exceed the sum of seventy-five thousand dollars ($75,000).

(2)

If the bidder submitting the lowest responsive and responsible bid is not a local business, and if a local business has also submitted a responsive and responsible bid, and, with the benefit of the preference, the local business's bid is equal to or less than the original lowest responsive and responsible bid, the city shall award the contract to the local business at its submitted bid price.

(3)

The bidder shall certify, under penalty of perjury, that the bidder qualifies as a local business. The preference is waived if the certification does not appear on the bid.

(d)

For purposes of this subsection, "local business" shall mean a business with a fixed primary or branch office either (i) within a twenty-five mile radius of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, or (ii) within the County of Fresno; and which fixed primary or branch office was established prior to the city inviting bids for the respective purchase. The Purchasing Manager, in the evaluation of any and all competitive bids for any public work of improvement pursuant to Charter Section 1208, shall extend five percent (5%) preference for a local business consistent with subsection (e)(1) below. Local preference will be demonstrated by the total number of individuals a business employs within Fresno County. In order to obtain the five percent (5%) differential, the bidder shall submit at time of bid a certification to self-perform a minimum of thirty percent (30%) of the contract amount with individuals employed within Fresno County. The bidder shall also submit a certification that a minimum of fifty percent (50%) of the total value of the contract would be performed by either the bidder or subcontractors meeting the local preference criteria.

(e)

The preference in (d) above shall be extended consistent with each of the following:

(1)

The amount of the preference shall be equal to the amount of five percent (5%) applied to the lowest responsive and responsible bid; provided however, in no event shall the amount of the preference exceed the sum of seventy-five thousand dollars ($75,000).

(2)

If the bidder submitting the lowest responsive and responsible bid is not a local business, and if a local business has also submitted a responsive and responsible bid, and, with the benefit of the preference, the local business's bid is equal to or less than the original lowest responsive and responsible bid, the city shall award the contract to the local business at its submitted bid price.

(3)

The bidder shall certify, under penalty of perjury, that the bidder qualifies as a local business. The preference is waived if the certification does not appear on the bid.

(Am. Ord. 2007-96, § 3, eff. 1-19-08; Am. Ord. 2008-12, § 1, eff. 4-14-08; Ord. No. 2009-16, § 1, eff. 5-10-09; Am. Ord. 2014-29, § 1, eff. 8-9-14; Am. Ord. 2017-2, §§ 1—3, eff. 2-17-17).