Inglewood Municipal Code Art. 5 (a). Local Small Business Enterprise Certification and Preference Program

The City Council finds that it is of benefit to the City of Inglewood to promote and facilitate the fullest possible participation by all citizens in the affairs of the City in every way possible. It is also essential that opportunities be provided for full participation in our free enterprise system by small business enterprises. Further, it is the policy of the City Council that the City should aid and assist, to the maximum extent possible, the interests of local small business concerns in order to preserve free competitive enterprise and to ensure that a fair proportion of the total purchases and contracts or subcontracts for purchase of goods or services for the City be placed with such enterprises.

(Ord. 06-19 10-24-06)

The City of Inglewood local small business enterprise certification and preference program is a race and gender-neutral program designed to enhance purchasing and contracting opportunities for local small businesses within the City of Inglewood. The program priorities were developed to promote and foster inclusiveness and economic development as well as ongoing evaluation to assure all businesses, including local small businesses, are provided equal opportunities in City purchasing and contracting activities.

(Ord. 06-19 10-24-06)

For the purpose of this Article, the following words and phrases are defined and shall be construed as having the following meaning:

"City"

shall mean the City of Inglewood or any public entities for which the City Council is the governing body.

"Department"

shall mean the City department, entity, or organization responsible for the solicitation.

"Local small business enterprise"

shall mean:

(a)

A business having a place of business located in the City and holding a valid business tax certificate and business license (if applicable) issued by the City; and

(b)

A business certified as a small business by the State of California.

"Solicitation"

shall mean the City's process of obtaining bids or proposals for goods and services.

(Ord. 06-19 10-24-06; Ord. 15-19 9-1-15)

The City Administrative Officer with the assistance of the City Attorney, Assistant City Administrative Officer of Administrative Services and the Purchasing Division, shall issue interpretations of the provisions of this Article and shall issue written instructions on the implementation and ongoing administration of this Article. Such instructions may provide for the delegation of functions to other departments.

(Ord. 06-19 10-24-06)

The Purchasing Division shall be responsible for verifying that a business qualifies as a local small business enterprise. The Purchasing Division shall maintain records of local small business enterprises and their participation in the certification and preference program.

(Ord. 06-19 10-24-06; Ord. 15-19 9-1-15)

(1) The City may extend to local small business enterprises a five-percent preference in solicitations for materials, equipment, supplies or non-professional services;

(2) The five-percent preference shall only be applied to solicitations subject to the City's Informal Bidding Procedure, Section 2-197;

(3) If a local small business enterprise is determined to be the lowest responsible bidder after application of the five-percent preference, it shall be awarded the contract at its actual bid amount; and

(4) If two or more bids are received which are in all respects equal, after application of the five-percent preference, the City shall award the contract to the local small business enterprise; and if there is still a tie, by drawing lots.

The City reserves the right to reject any or all bids.

(Ord. 15-19 9-1-15)

The local small business enterprise preference shall not be given for the following City purchases:

(1) National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar or related group purchasing organization.

(2) A revolving fund (petty cash) purchase pursuant to the Inglewood Finance Department Manual, Section 3115 or a successor provision.

(3) Any purchase where payment includes funds and revenues from other governmental sources.

(Ord. 06-19 10-24-06; Ord. 15-19 9-1-15)

(1) The information furnished by each solicitation respondent requesting a local small business enterprise preference shall be under penalty of perjury.

(2) No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a local small business enterprise for the purpose of this Article.

(3) No person or business shall wilfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a City official or employee for the purpose of influencing the certification or denial of certification of any entity as a local small business enterprise.

(4) A business which has obtained City certification as a local small business enterprise by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall:

(a) Pay to the city any difference between the contract amount and what the City's costs would have been if the contract had been properly awarded;

(b) At the option of the City, be subject to having all or part of the contract terminated; and

(c) Be ineligible to transact any business with the City for a period of twelve months.

(5) The above penalties are in addition to any other remedies the City may have and shall also apply to any business that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the State and Purchasing Division of this information prior to responding to a solicitation or accepting a contract award.

(Ord. 06-19 10-24-06)

The Purchasing Division will investigate any complaint of eligibility received by the City concerning the local small business enterprise certification and preference program. Based upon its findings, the Purchasing Division will present its recommendation to the Assistant City Administrator, who will issue a written determination to the appellant. The appellant shall have the right to appeal the decision of the Assistant City Administrator to the City Council at a hearing to be scheduled during a regularly occurring City Council meeting. The decision of the City Council shall be final.

(Ord. 06-19 10-24-06)

This Section shall apply to all solicitations issued after the effective date of the ordinance codified in this Article.

(Ord. 06-19 10-24-06)