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receipt of 1% of the 9.25% sales tax, and increased economic activity for Pleasanton- <br /> based businesses. <br /> BACKGROUND <br /> The General Plan includes a policy to "Focus City efforts on supporting and assisting <br /> Pleasanton businesses' success."' To that end, the Council adopted the Economic <br /> Development Strategic Plan (2013), and its current Work Plan includes the development <br /> of a Coordinated Business Support Program, which provides, in part for a local <br /> preference wherein: <br /> "If the procurement submissions are competitively matched in relation to <br /> qualifications, quality, experience and cost, the City will consider locality <br /> when selecting providers of goods and services. ...." <br /> As the purchaser of supplies, equipment and services in the marketplace, the City has <br /> some flexibility on how it chooses to select vendors, suppliers, contractors and <br /> consultants. However, the City is constrained by State law requirements for formal <br /> bidding under the Public Contracts Code2, as well as regulatory limits often imposed by <br /> the source of funds.3 <br /> At its meeting of October 17, 2019, the Economic Vitality Committee (EVC) considered <br /> options for a local preference. (See Attachment 3 for report considered by EVC.) This <br /> included a review of local preferences provided in neighboring communities. The EVC <br /> recommended that the Council adopt a local preference as generally presented in <br /> Attachment 1, except the EVC recommended that the local preference be applied to the <br /> acquisition of all services. The staff recommendation is that the local preference apply <br /> to trade services (e.g. plumbers, electricians, locksmiths, etc.), but exclude professional <br /> services (e.g. accountants, engineers, landscape architects, attorneys, etc.). This <br /> distinction is because the process to select professional service providers and <br /> consultants, such as civil engineers, appraisers, architects, planners, etc., involves the <br /> consideration of many skills and qualifications such as experience with local laws or <br /> regulatory agencies, presentation skills, etc., not just pricing. <br /> DISCUSSION <br /> 1. Local Preference for Tie Bid. The proposed amendment to Municipal Code Section <br /> 3.28.020 would provide a preference to a local business in the event that bids for the <br /> purchase of supplies, equipment and trade services are tied in terms of price and <br /> qualifications. For example, if both a Pleasanton-based company and a Modesto-based <br /> company each offer to sell chairs for use at Gingerbread at $35 a chair, with both <br /> ' See Pleasanton General Plan 2005-2025 Economic and Fiscal Element, Policy 5. <br /> For example, the California Public Contracts Code is used to award bids for public works (e.g., <br /> construction and building maintenance projects) and only statutory minority-owned businesses which pre- <br /> qualify can receive a bid preference. <br /> 3 For example, federal highway funds awarded to the City by Caltrans, which are used for sidewalk, <br /> paving and traffic signal work, are subject to federal and state restrictions which do not allow for a local <br /> city preference. Similarly, Measure BB transportation funds awarded to cities by Alameda County have <br /> limitations that only allow for a narrow county-wide preference in some bidding, and no city-based <br /> preference. <br /> Page 2 of 4 <br />