§ 4-109. LOCAL PREFERENCE IN CONTRACTS FOR CONSULTANT SERVICES AND OTHER CONTRACTS.

(a)

Findings. The Council finds and declares all of the following:

(1)

The City is experiencing historical high rates of unemployment.

(2)

The severe negative impact is compounded in the city economy with the employment reduction in the local development and utility industries.

(3)

The United States Supreme Court has declared a job policy for residents to be a legitimate policy.

(4)

Funds spent locally, with local firms, recirculate through the local economy approximately four times, generating jobs, taxes and consumer spending.

(5)

The provisions that the Council seeks to enact in this section as the city's restrictions on the use of its own funds as a participant in the marketplace are simply a self-imposed limitation on the city's power to contract.

(6)

The provisions that the Council seeks to enact in this section have a rational relationship to the legitimate governmental purpose in that a local preference for services will stimulate the local economy and reduce unemployment.

(b)

Contracts for Consulting Services. The following shall apply for services contracted for pursuant to Section 4-107 of this Code, except for those projects funded by the federal or state government when such funding would be jeopardized because of this preference:

(1)

For purposes of this section, "local firm" shall mean a firm with a fixed primary or branch offices within a twenty-five mile radius of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, and a majority of the work on the project will be performed by employees who are permanently assigned to such office prior to the city requesting proposals for the project and whose regular duties would include local work on other than city projects.

(2)

Subject to subdivision (3) below, the City shall contract for professional consulting services (including, but not limited to, engineers, architects, attorneys, landscape architects, planners, surveyors, and construction project managers) by giving a primary preference to local firms, when such firms have the necessary qualifications, experience and expertise to complete the project(s) being proposed for work, as determined by the city. A secondary preference shall be similarly given to non-local firms which form an association for pecuniary profit with local firms for the projects being proposed wherein the benefit to the local firm(s) is an amount greater than fifteen percent of the total contract price for the project(s).

(3)

Notwithstanding subdivision (2) above, the preference given for local firms, or non-local firms which associate with local firms, shall not be applicable whenever, to the best knowledge of the city, the number of local firms providing the specific consulting service within the area of expertise for the subject matter of the work is less than three.

(4)

The City shall, in contracting for professional services, other than consulting services, extend a five per cent preference for a local firm in evaluating proposals for award. The amount of the preference shall be equal to the amount of the percentage applied to the lowest proposal price from a firm other than a local firm, if the proposer submitting the lowest proposal price is not a local firm. The proposer shall certify, under penalty of perjury, that the proposer qualifies as a local firm. The preference is waived if the certification does not appear on the proposal.

(c)

Other Contracts. The Purchasing Agent, in his or her discretion, may extend a preference to a local business in the purchase of materials, supplies, equipment and/or public works construction for which competitive bidding is not required by Charter Section 1208(a) provided that such preference is applied in the same manner as described in Section 4-108 above and/or as otherwise provided by resolution of the Council.

(Added Ord. 94-39, § 1, eff. 6-24-94; Am. Ord. 96-71, § 1, eff. 12-13-96; Am. Ord. 2007-96, § 3, eff. 1-19-08; Am. Ord. 2011-34, § 1, eff. 12-24-11).