Bishop Municipal Code Ch. 3.26 Contracting Preferences

A. Businesses located in the county, and especially the city, contribute to the economic and social well-being of all the citizens of the city. Such businesses provide convenient services within the city and provide employment for city citizens. Further, the payroll paid by and income earned by local businesses tend to be largely expended within the city, which enhances the business environment in the city and the well-being of its citizens. It is in the public interest to encourage a vibrant business environment in the city. Providing modest purchasing preferences, businesses located in the county, including the city, furthers the goal of building a healthy economy in the city. Further, providing contracting preferences for all small businesses is allowed by state law, expands the types of contracts for which preferences may be given, and benefits local small businesses, also furthering the goal of building and maintaining a healthy local economy.

B. Advantages of preferences. This chapter will help achieve the following:

1. Encouraging city and regional economic development;

2. Assisting small businesses which by their nature are at a competitive disadvantage;

3. Leveling the playing field for local businesses whose costs of doing business in a very rural area exceed those of nonlocal businesses that have the efficiencies of scale and location; and

4. Providing to the city local economic benefit which is not provided by nonlocal businesses.

(Code 1985, § 3.26.010; Ord. No. 532, § 2, 10-25-2010)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. Small business means a business which is certified by the state or the federal small business administration as a small business.

B. Local business means a business which:

1. Has its headquarters, distribution point, or locally owned franchise located in or having a street address within the county for at least six months immediately prior to the issuance of the request for competitive bids by the city;

2. Holds any required business license by a jurisdiction located in the county;

3. Employs at least one full-time or two part-time employees whose primary residence is located within the county, or if the business has no employees, shall be at least 50 percent owned by one or more persons whose primary residence is located within the county; and

4. Meets the conditions of subsections B.1 through 3 of this definition, but within Mono County or Inyo and Mono Counties, if no Inyo County local business submits a bid that is within five percent of the lowest bid submitted.

C. Responsive bid is a bid which responds to the requirements of the request for bids and is submitted by a responsible bidder.

(Code 1985, § 3.26.020; Ord. No. 532, § 2, 10-25-2010)

A. The preferences provided in this chapter are intended to extend to the limit of the jurisdiction of the city under state law. Such preferences do not apply where prohibited federal or state law. Such preferences do not apply where funding agencies prohibit such preferences as a condition of providing funding for the anticipated project. Where this chapter provides preferences for multiple classes of entities and one or more of those classes of entities are disallowed contracting preference by federal or state law or by the funding agency, those disallowed entities will not be provided preferences, but the remaining classes of entities shall receive preferences.

B. Requests for bids or proposals issued by the city shall specify the applicable contracting preferences available pursuant to this chapter.

(Code 1985, § 3.26.030; Ord. No. 532, § 2, 10-25-2010)

Except as excluded by section 3.26.030A, for all contracts awarded by the city, if the lowest responsive bid is submitted by a local business or a small business, that business shall be awarded the contract. If the lowest responsive bid is not submitted by a local business or a small business, the lowest responsive bid submitted by a local business that is within five percent of the lowest responsive bid or by a small business that is within five percent of the lowest responsive bid shall be considered the low bid and that business shall be awarded the contract. To be eligible, a local business or a small business shall provide certification with its bid that it is such business as herein defined; otherwise, its preference under this chapter shall be deemed conclusively waived.

(Code 1985, § 3.26.040; Ord. No. 532, § 2, 10-25-2010)

For public works and road construction contracts awarded by the city, where no entity qualifying under this chapter for a contracting preference submits a responsive bid that is the lowest or within five percent of the lowest responsive bid, there shall be a preference given to bids in which at least ten percent of the monetary value of the work to be performed is subcontracted to a small business or businesses. If such bid is the lowest responsive bid, that contractor shall be awarded the contract. If such bid is not the lowest responsive bid, any such bid that is within five percent of the lowest responsive bid shall be considered the low bid, and that contractor shall be awarded the contract.

(Code 1985, § 3.26.050; Ord. No. 532, § 2, 10-25-2010)

Contracting preferences under this chapter shall not exceed $10,000.00 for any one solicitation and award determination.

(Code 1985, § 3.26.060; Ord. No. 532, § 2, 10-25-2010)