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Ordinance 2673CITY OF ALAMEDA ORDINANCE NO. New Series 2673 AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING SUBSECTION 2-62 (PURCHASING; LOCAL PREFERENCE POLICY) OF ARTICLE V (ADMINISTRATIVE PROCEDURES AND POLICIES), CHAPTER II (ADMINISTRATION), AND ADDING A NEW SUBSECTION 2 - 6 2 (PURCHAS ING; LOCAL PREFERENCE POLl CY) ESTABLISHING PREFERENCE FOR LOCAL BUSINESSES IN THE PURCHASE OF MATERIALS AND SUPPLIES AND IN THE AWARD OF PERSONAL SERVICE CONTRACTS FOR LABOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section The City Council of the City of Alameda does hereby find , determine und declare that: 1. The imminent loss of the Alameda Naval Air station will have a negative financial impact on local businesses; 2. The current recession has severely impacted businesses in the City of Alameda resulting in many established businesses going out of business , ma y stores being unoccupied , and the failure of new businesses to establish themselves in the City of Alameda;3. That the City Council of the City of Alameda has determined that as part of the economic development of the City it is in the best interest of the City to implement the authority given in Alameda City Charter Sections 3-16 and 3-17 , and , in addi tion , provide for a preference in the award of personal service contracts for those persons and businesses having a business in the City of Alameda; and 4. That such economic development will encourage , among other things , businesses establishing themselves in the City of Alamedato obtain the advantages of the preferences hereby established pursuant to this ordinance , and that such businesses bear the burdens of other businesses located in the city. section 2 The Alameda Municipal Code is hereby amended by repealing Subsection 2-62 (Purchasing; Local Preference Policy) ofArticle V (Administration) in its entirety. Section 3 The Alameda Municipal Code is hereby amended by adding a new section 2-62 (Purchasing; Local Preference Policy) toArticle V (Administrative Procedures and Policies), of Chapter II (Administration), thereof to read: 2-62 Purchasing: Local Preference policy. 2 -62.Definitions . As used in this section: Local business shall mean or locally taxable distribution City of Alameda which hold a Alameda business address which a business firm with fixed offices points within the boundaries of the current business license with an is not a Post Off ice box. 2-62.Award of Contracts for Materials and Supplies. Subj ect to the limitations contained in this section , in the evaluation of bids or proposals for the award of all contracts for the purchase or lease of supplies , materials , equipment or other personal property, a local business shall, upon written application noted on the space provided on city bid or proposal documentsthere sha 11 be extended a five percent preference for localbusinesses. The awarding officer shall consider the quality offered and its conformity with the specifications , the deliveryand discount terms and conditions , the service reputation of thebidder, and other information and data required to prove the lowestresponsible bidder. 2-62.Award of Contracts for Labor. Subject to the limitations contained in this section, in the evaluation of any contract or hiring of any labor for public contract work , preference shall be given to contractors , mechanicsartisans or other laborers of any class , who shall be a local business as defined herein , provided that the labor , quality and price of the work shall be equal to that of others who would be considered for the award of the contract. 2-62.Award of Personal Service Contracts. Subject to the limitations contained in this section, in the evaluation of a contract for the performance of personal services upon written application noted on the space provided on the City bid or proposal documents , there shall be extended a five percent preference for local busi esses defined in this section , providied however , that all such contrac s shall be awarded on the basis ofdemonstrated competence and on t.:he professional qualifications necessary for the satisfactory performance of the servicesrequired. 2-62.Exemptions. The following contract:?, are exempt from the provisions of thissection: 1. Contracts to the extent to which application of the provisions of this section would be prohibited by state or federal law or regulation or would result in what the awarding authority finds to be an unacceptable loss of government revenue or funding.2. Contracts funded in whole or in part from donations and gifts to the City to the extent the provisions would conflict with any special conditions attached to the gifts or donations , provided the gift and the special conditions have been approved and acceptedpursuant to the donations pol icy of the city.3. Contracts resulting from exigent emergency conditions where any delay in completion or performance of the contract would jeopardize public health, safety or welfare of the citizens of the City, or where in the judgment of the City Manager or his/her designee the operational effectiveness or a significant City function would be seriously threatened if the contract were not entered into expeditiously.4. Contracts with any single or sole source supplier for supplies , material , equipment or other personal property. 2-62.Enforcement and Penal ties. If the City Manager or his/her designee determines that a contractor or bidder has made an intentional misstatement to obtain a price preference under this section, the contractor or bidder shall be subject to any remedy available to the city at law or equi ty, including, but not limited to the following: 1. A finding of intentional misstatement or non-complianceshall be regarded by the awarding authority as a basis fordetermining whether or not the bidder or contractor is responsible bidder for the present and future contracts. Any disqualification imposed as a result of this determination shall last for a period of one year.2. An intentional misstatement made to obtain a price preference under this section shall subj ect the recipient of any such price preference to a civil penalty of treble the dollar price preference received , or $1 , 000 , whichever is greater. section 4 This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the C ty Council Attest: . y Clerk I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the city Alameda in regular meeting assembled on the 2nd day of August , 1994 by the following vote to wit: AYES:Councilmembers Appezzato, Arnerich, Lucas, Roth and President Wi throw - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS 1 WHEREOF , I have hereunto set my hand and affixed the official seal of said City this 3rd day of Auqust 1 1994.