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HomeMy WebLinkAboutOrdinances_2952ORDINANCE NO. 2952 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 2.16 OF THE REDLANDS MUNICIPAL CODE TO ESTABLISH A LOCAL BUSINESS PREFERENCE PROGRAM FOR THE CITY'S PROCUREMENT OF SUPPLIES, MATERIALS, EQUIPMENT AND SPECIALIZED GOODS THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Section 2.16.220 of the Redlands Municipal Code, entitled "Business Preferences," is hereby amended to read as follows: "2.16.220 Business Preferences: In administration of competitive procurement pursuant to this chapter, the Purchasing Agent shall be authorized to give such preferences for supplies, materials, equipment, and specialized goods as general law cities are permitted or required to give by applicable State or Federal law, or as provided for in this chapter. A. Local Business Preference: To promote business retention within the city and the economic health of the city and to encourage local business participation in the procurement process, the purchasing agent, in determining the lowest responsible bidder for contracts for supplies, materials, equipment and specialized goods shall grant an eight percent (8%) Local Business Preference to Local Businesses. For purposes of this chapter, a Local Business is defined as a business possessing a valid Redlands Business License and having its principal business operation located in the City of Redlands. B. Business Preferences: To promote the economic health of the County of San Bernardino and to encourage County business participation in the procurement process, the purchasing agent, in determining the lowest responsible bidder for contracts for supplies, materials, equipment and specialized goods shall grant a two percent (2%) County Business Preference to County Businesses. For the purposes of this chapter, a County Business is defined as a business possessing a valid Redlands Business License and having its principal business operation located within the County of San Bernardino and outside of the City of Redlands. C. Application to Bids: When applying the Local Business Preference or County Business Preference to a bid, the purchasing agent shall apply the preference to the bid price solely for bid evaluation purposes such that the total price bid by a Local Business shall be reduced by eight percent (8%) of the amount bid by the Local Business, and by two percent (2%) to the County of San Bernardino Business and the reduced bid shall be deemed the amount bid by that bidder. The contract price shall in all events be the amount bid by the successful bidder awarded the contract. I:\Ordinances\Nos 2900-2999 in Wont\2952 Local Preference.Final.doc 1 D. Change in Preferences: The Local Business and County Business preferences established by this Chapter shall terminate on December 31, 2026. Commencing on January 1, 2027, to further promote business retention within the city and the economic health of the city and to encourage local participation in the procurement process, the purchasing agent, in determining the lowest responsible bidder for contracts for supplies, materials, equipment and specialized goods having a value of $30,000 or less, may take into consideration the one percent (1%) sales tax which would be returned to the city as a result of the bid award. For procurement where sales tax would not be generated as a result of the bid award and where the quality and price are equal to another bidder or bidders, the local vendor may be given the bid award. E. Recycled Goods: Whenever practicable, all City departments shall use recycled content products and recycled materials to meet their needs. This subsection is enacted to facilitate compliance with State requirements and to foster the development of new, improved markets for recycled products. 1. Definitions: For purposes of this subsection B, the following words shall have the meanings ascribed to them: POSTCONSUMER RECYCLED MATERIALS: A finished material or product that has served its intended use and would normally be disposed of as solid waste. Examples of postconsumer recovered materials include, but are not limited to, old newspaper, office paper, green waste (yard waste), steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete and tires. PRACTICABLE: Available within a reasonable time period; the recycled product shall be of equal or better quality or value at either no or minimal additional cost and subject to consideration of product durability as a criterion of the cost or value of the product. PRECONSUMER: Materials or byproducts generated after manufacturing of a product is completed, but before the product reaches the consumer. Examples of pre -consumer recovered materials include, but are not limited to, obsolete inventories of finished goods, rejected unused stock and paper wastes generated during printing, cutting and other conversion operations. RECYCLED MATERIAL: Waste material and byproducts that have been recovered or diverted from the solid waste stream and can be utilized in place of raw or virgin material in a product. Recycled content materials may consist of material derived from postconsumer waste, manufacturing waste, industrial scrap, agricultural waste and other items, all of which can be used in the manufacture of new products. 2. City Departments' Procurement Of Recycled Content Products: a. All departments shall use recycled content products whenever practicable. Special emphasis shall be placed on the purchase of products manufactured with postconsumer recycled materials. I:\Ordinances\Nos 2900-2999 in Wo t\2952 Local Preference.FinaLdoc 2 b. Whenever practicable, recycled materials shall be procured and used in City operations (e.g., recycled paper shall be used in copy machines and for printing purposes by departments). c. All depntulents may require procurement of designated recycled content products above levels required by this subsection. d. The City shall require its contractors and consultants to use recycled content products in fulfilling contractual obligations whenever practical. e. The City shall promote the use of recycled content products publicizing its procurement policy whenever practicable (e.g., use of recycling symbol and statement on recycled content products). f. A life cycle cost analysis may be an appropriate tool for departments to use when evaluating purchasing alternatives. Life cycle cost should reflect the annual cost of the product calculated over the life of the product and should consider final costs, not just initial up -front costs. A life cycle cost analysis may include factors such as capital costs, installation costs, maintenance costs, energy and other operating costs, and disposal costs which may utilize the "best value" procurement method. g. The City shall procure recycled products if the product fitness and quality are equal to the non -recycled product and available at the same or lesser total cost than non -recycled items. These products shall include paper products, printing and writing papers, mulch, compost, and compost products, glass products, lubricating oils, plastic products, paint, antifreeze, tires, tire derived products and metal. h. The City will favorably consider the selection of other recycled and environmentally preferable materials, products, and supplies over their non - recycled or non -environmentally preferable altematives when the availability, fitness, operational efficiency, quality, safety, and price of the recycled or environmentally preferable product is equal to, or better than, the non - recycled or non -environmentally preferable alternative. The list of materials, products, and supplies shall include, but not be limited to, business office products, alternative fuels, rubberized asphalt, and other items. i. Departments are encouraged to consider less toxic alternatives when purchasing products or services such as pesticides or pest control services, and to purchase energy and water conserving products whenever possible. 3. Duties Of The Purchasing Agent: The Purchasing Agent shall coordinate implementation of this subsection. Duties of the Purchasing Agent for implementation of this subsection include: a. Establishment of a list of recycled products for purchase by all departments when practicable and review of purchase requests to encourage the substitution of recycled products when practicable. I:\Ordinances\Nos 2900-2999 in Word \ 2952 Local Profercnce.Final.doc 3 b. Maintenance of a list and standard specifications and, the undertaking of a periodic review of available products. Products may be added as they become available. c. Giving preference to approving and promoting the purchase of products with the highest postconsumer content, all other considerations being equal. 4. City Departments' Responsibilities: City departments shall be responsible for the following: a. City staff shall identify the recycled content products available and the vendors from whom such products are available for purchase. This information shall be compiled and provided to the Purchasing Agent and the Sustainability Manager, when practical. b. Departments shall evaluate the recycled products on the established list and shall make efforts to purchase recycled products when practicable. Section 2. The City Council hereby determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15061 (b)(3) because it can be seen with certainty there is no possibility that the adoption of this ordinance may have a significant effect on the environment. Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. Paul T. Barich, Mayor ATTEST: e Donaldson, City Clerk I:IOrdinances\Nos 2900-2999 in Word12952 Local Preference.Final.doc 4 I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 6th day of December 2022, by the following vote: AYES: NOES: ABSENT: ABSTAINED: None Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher; Mayor Barich None None Jenne Donaldson, City Clerk IaOrdinances\Nos 2900-2999 in Word12952 Local Preference.Final.doc 5