R2009-141 - 2009-03-23RESOLUTION NO. R2009-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING GUIDELINES AND CRITERIA FOR
CONSIDERATION OF THE LOCATION OF BIDDERS' PRINCIPAL
PLACE OF BUSINESS IN AWARDING CONTRACTS THROUGH
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Pearland ("City") is committed to fostering fair and open
competition among bidders; and
WHEREAS, the City desires to encourage local participation in the purchasing
process as a stated goal toward fostering economic development; and
WHEREAS, Sections 271.905 and 271.9051 of the Texas Local Government
Code authorize a municipality, under certain circumstances, to enter into a contract for
purchases with a bidder whose principal place of business is in the municipality and
whose bid is within 3 percent or 5 percent of the lowest bid; and
WHEREAS, the City requires information from bidders that will help determine
location eligibility and measure economic development opportunities resulting from a
contract award; and
WHEREAS, the City recognizes that utilization of local bidders in accordance with
Texas law, may result in additional economic development opportunities and increased tax
revenues to the City; and
WHEREAS, the City has established specific criteria ("Qualification Criteria") to
assist in determining eligibility as a local bidder and verifying economic impact on the City
resulting from contract award; and
WHEREAS, the Qualification Criteria shall be included in all bid documents issued
by the City in accordance with Texas law under a section entitled "CONSIDERATION OF
LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS"; now, therefore,
RESOLUTION NO. 2009-141
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1. All of the above premises to be true and correct legislative and
factual findings of the City Council, and they are hereby approved and incorporated into
the body of this resolution as if copied in their entirety.
SECTION 2. The application form, attached hereto as Exhibit "A" is approved.
SECTION 3. This Resolution shall take effect upon its adoption.
PASSED, APPROVED and ADOPTED this the 31St day of ust, A.D., 2009.
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TOM REID
MAYOR
ATTEST:
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SE ETARY
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-141
CITY OF PEARLAND
LOCAL BIDDER PREFERENCE CLAIM FORM
Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to
consider a vendor's location in the determination of a bid award if the lowest bid received is from a
business outside the municipality and contracting with a local bidder would provide the best combination
of price and other economic benefits to the municipality. The City of Pearland has determined that the
allowable preference shall be applied to local vendor's bids for the purposes of evaluation when in the
best interest of the City to do so. This request form and any attachments must be submitted with bid
package to be considered by the City of Pearland. Questions should be addressed to the Purchasing
Department at 281-652-1668. Exclusions to the local preference include expenditures of $3,000 or less,
and those purchases which are: sole-source, emergency, federally-funded, cooperative contracts, or via
interlocal agreement. The local preference status will expire one year from the date of this form; for any
subsequent requests for preference during this period, the applicant need only complete and submit
section 3 of this form.
The City Council requires the following information for consideration of a local bidder preference
(information may be submitted in an attachment to this form):
1. Locational Eligibility: Principal place of business in Pearland, Texas? Principal place of business
is defined herein as any business which owns or leases a commercial building within the City limits and
uses the building for actual business operations.
a. If yes, identify name of business/DBA, address, and business structure: sole proprietorship,
partnership, corporation, or other.
b. Name and city of residence of owner(s)/partners/corporate officers; as applicable.
2. General Business Information:
a. Year business established (Pearland location).
b. Most recent year property valuation (if owned); real and personal property.
c. Annual taxable sales (originating in Pearland).
d. Is business current on all property and sales taxes at the time of this application?
e. Total number of current employees and number of Pearland-resident employees.
Economic Development benefits resulting from award of this contract:
a. Number of additional jobs created or retained for Pearland resident-employees?
b. Amount of additional City of Pearland ad valorem and/or sales taxes anticipated? Please
explain how the amount has been determined.
c. Local subcontractors utilized, if applicable: name, location and contract value for each.
d. Other economic development benefit deemed pertinent by applicant.
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof,
under penalty of perjury.
City Bid No./Quote for which the local preference is requested:
(Name of Bidder)
(Date)
(Signature) (Print)
THE STATE OF TEXAS §
COUNTY OF
Appeared before me the above-named ,known to me to be the same, and
swore that the information provided in response to the foregoing questions are true and correct to the best
of his/her knowledge and belief, this day of , 20_.
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
Commission Expires:
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