ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES ADDING TITLE 2, CHAPTER 5, SECTIONS 2-5.01 TO 2-5.03 TO THE HERCULES MUNICIPAL CODE TO CODIFY THE CITY’S LOCAL VENDOR PREFERENCE FOR THE PURCHASE OF GOODS AND SERVICES WHEREAS, on September 10, 2019, the City of Hercules (“City”) adopted Purchasing Guidelines, including a local vendor preference that applies to City purchases of goods and services; and WHEREAS, local vendors contribute to the economic health of the City and to the quality of life of the City’s citizens, and thus, the City encourages the growth of local vendors by means of increasing the participation of these vendors in the City’s purchase of goods and services; and WHEREAS, strategies that promote the use of local vendors help create a sustainable economy, preserve local business, strengthen employment, and retain local dollars within the community; and WHEREAS, this ordinance (“Ordinance”) adds the City’s local vendor preference to the Hercules Municipal Code, which will ensure that the preference is integrated into the City’s purchasing practices; and c
WHEREAS, adoption of this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that it will have no impact on the environment because it authorizes no construction and is instead an administrative policy; and WHEREAS, on September 10, 2024, the City Council held a duly noticed public hearing to consider the proposed Ordinance related to the City’s local vendor preference, received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby incorporates the above recitals into this Ordinance by this reference.
SECTION 2. Amendment. The City Council of the City of Hercules hereby adds Chapter 5, Local Vendor Preference, Sections 2-5.01 to 2-5.03 to Title 2 (Administration) of the Hercules Municipal Code, which reads as follows:
Hercules Municipal Code
TITLE 2. ADMINISTRATION
Chapter 5. Local Vendor Preference
2-5.01 Title
2-5.02 Purpose
2-5.03 Local Vendor Preference
Sec. 2-5.01 Title
This Chapter shall be known as “Local Vendor Preference.” Sec. 2-5.02 Purpose
Local vendors contribute to the economic health of the City and to the quality of life of the City’s citizens. The purpose of this Chapter is to encourage the growth of local vendors by means of increasing the participation of these vendors in the City’s purchase of goods and services.
Sec. 2-5.03 Local Vendor Preference
For the purchase of goods or services, excluding public works contracts and state or federal grant funded purchases, when two or more quotes are comparable in unit, quality, and service, preference may be given to the vendor who operates within the planning area as defined in the City’s General Plan if the quote for services or taxable goods is:
less than $10,000 and is within 5% of the lowest quote; more than $10,000 up to $500,000 and is within 3% of the lowest quote; more than $500,000 up to $1,000,000 and within 2% of the lowest quote; more than $1,000,000 and within 1% of the lowest quote.
SECTION 3. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines § 15061(b)(3) – Common Sense Exemption in that the proposed Ordinance would only establish administrative processes and would not facilitate new construction or other groundbreaking activities. It can be seen with certainty that there is no possibility that the Ordinance will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
SECTION 4. No Conflict. This Ordinance is not intended to create any requirement, power, or duty that is in conflict with any federal or state law.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.
SECTION 6. Codification. Section 2 of this Ordinance shall be codified in the Hercules Municipal Code.
SECTION 7. Publication and Effective Date. The City Clerk shall certify the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective 30 days from the date of final adoption.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 10th day of September, 2024, and was passed and adopted at a regular meeting of the Hercules City Council on the 24th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Dan Romero, Mayor
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Eibleis Melendez
City Clerk
Ordinance No. ___
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