HomeMy WebLinkAbout3935ORDINANCE NO. ?f/
AN ORDINANCE of the City Council of the
City of Kent, Washington, adding a new section
3. 70.045 to Chapter 3. 70 of the Kent City Code
establishing a procurement preference for
purchasing from or contracting with local
businesses.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amend Ch. 3.70 KCC -Local Business Preference.
The following new section 3. 70.045, entitled "Local Business Preference,"
shall be added to Chapter 3. 70 of the Kent City Code relating to
procurement contracts as follows:
Sec. 3.70.045. Local Business Preference.
A. Findings and Intent. The City of Kent annually spends significant
amounts on purchasing personal property, materials, and contractual
services as part of its ongoing operation and management of the City and
its infrastructure. The money used in making these purchases of goods
and services is derived, in large part, from taxes, fees, and utility revenues
derived from local businesses and local residents, many of whom work for
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KCC 3.70.045
these local businesses. The City Council finds that funds expended by our
City should, to the extent possible and as allowed by law, be placed back
in the City to support our local economy.
B. Local Business Defined. The term, "local business," means any
corporation, partnership, sole proprietor, limited liability company, or other
business entity that has a Kent business license, maintains a physical
business address within the City's corporate limits (as may be amended in
the future) in an area zoned or otherwise approved under the Kent City
Code for the operation of that business, and has at least one (1) employee
who reports to work at that address on a daily basis to operate or perform
that business. Post office boxes shall not be used for the purpose of
establishing physical address of a local business.
C. Local Preference in Purchasing and Contracting. When procuring
contracts as provided for in this chapter, the City shall make every effort
to purchase from or contract with local businesses. When other product
models that meet the same specifications are locally available (i.e., GE
100-watt light bulb vs. Sylvania 100-watt light bulb), thoughtful
consideration should be given to purchasing the model that is offered by a
local business. When a local business offers functionally equivalent
products for the goods or services sought by the City (i.e., 100-watt
incandescent light bulb vs. a functionally equivalent fluorescent or LED
bulb), thoughtful consideration should be given to purchasing the product
that is offered by a local business. When selecting a business in response
to a request for proposal, or when selecting a business that provides
consulting services or other services that provide unique expertise,
thoughtful consideration should be given to select a local business that can
provide those products or services. However, the preference established
in this section shall not prohibit the ability to compare quality or fitness for
use of supplies, materials, equipment, or services proposed for
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KCC 3.70.045
procurement and shall not prohibit the ability to select the best business
when comparing the qualifications, character, responsibility, or fitness of
the businesses under consideration.
D. Written Record Required When Non-Local Business Selected.
Whenever any City staff member decides to procure goods or services
valued at greater than $250 from a non-local business when a local
business was also under consideration for that procurement, the manager
in charge of making that procurement shall provide an explanation in a
suitable format, electronic or otherwise, which will be retained in a central
repository in the City.
E. Exceptions to Local Business Preference. The procurement
preference set forth in this ordinance shall not apply to any of the
following:
1. Goods or services provided under a cooperative purchasing
agreement or interlocal agreement.
2. Purchases or contracts that are funded, in whole or in part, by
a separate governmental entity and the laws, regulations, or policies of
that separate governmental entity prohibit application of this local business
preference.
3. Professional or technical service consultant contracts as
referenced under KCC 3.70.060
4. Purchases or contracts made under emergency situations.
SECTION 2. -Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
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KCC 3.70.045
SECTION 3. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and ~_!t~ passage as provided by law.
ATTEST:
BRENDA JACOBE't C TY CLERK
APPROVED AS TO FORM:
Fr7Mle1V-
PASSED: of November, 2009.
APPROVED: ---'---"-day of November, 2009.
PUBLISHED:---'--'----day of November, 2009.
I hereby certify that this is a true copy of Ordinance No. ~--'---"=
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
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:=..._--'--=-=----=----{.L__-~=------C SEAL)
4
BER, CITY CLERK
Local Business Preference -
KCC 3.70.045