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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CORONA AMENDING CHAPTER 3.08 OF THE
CORONA MUNICIPAL CODE TO INCREASE THE
ALTERNATIVE PROCEDURE AMOUNT IN COMPLIANCE
WITH STATE LAW, MAKE CERTAIN OTHER CHANGES
TO THE AWARD CRITERIA AND AWARD AUTHORITY
FOR MAINTENANCE AND GENERAL SERVICES,
REVISE THE PUBLICATION REQUIREMENTS FOR
NON-PUBLIC PROJECTS
WHEREAS, Chapter 3.08 of the Corona Municipal Code ("CMC'') sets forth the purchasing regulations for all City purchases; and
WHEREAS, the City Council of the City of Corona ("City Council") desires to make certain changes to such regulations as provided for herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
CORONA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3.08.050 (Bidding requirements - public projects) of Chapter
3.08 (Purchasing Regulations) of Title 3 (Revenue and Finance) of the Corona Municipal Code is hereby amended in its entirety to read as follows:
"3.08.050 Bid ding requirements - public projects.
(A) $�60,000 or less. Public projects of $#60,000 or less may be awarded by the director of the department responsible for the project, or his or her designee, pursuant to § 3.08.040, by any alternative procedure. Public projects of more than $45,000, but less than or equal to $55,000 may, except as otherwise provided in this chapter or the Act, be awarded by the director of the department responsible fur the project, or his or her designee, pursuant to § 3.08.040, pursuant to the public project informal bidding procedure. 3.08.040, by any alternative procedure. (B) $�60,001 - $75,000. Public projects of more than
$-5-5-60,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the General Manager of the CA\DD\07000.25001\10272839.5
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Department of Water and Power Director of Utilities pursuant to the public project informal bidding procedure.
(C) $75,001 - $100,000. Public projects of more than $75,000, but less than or equal to $100,000 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Manager pursuant to the public project informal bidding procedure.
(D) More than $100,000. Public projects of more than
$100,000, but less than or equal to $�200,000 may, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the public project informal bidding procedure. Public projects of more than $�200,000 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the public project formal bidding procedure. If all bids received are over $�200,000, the City Council may, with the approval of a four-fifths vote of those members present and without following the public project formal bidding procedure, award the contract in an amount not exceeding $-l--8-1212,500 to the lowest responsive and responsible bidder, so long as the City Council also determines that the city's cost estimate for the project was reasonable.
(E) City Engineer review of plans and specifications. The City Engineer shall review and approve the working details, drawings, plans, and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the city's liability for dangerous conditions of public property.
(F) City Council review of plans and specifications. The City Council shall review and approve the working details, drawings, plans, and specifications prepared for every public project of more than $100,000.
(G) Award. Contracts for public projects of $#60,000 or less, if awarded, may be awarded in the best interests of the city. Contracts for public projects of more than $#60,000, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.
(H) Dollar limits and change orders or amendments. The
dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in§ 3.08.130 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the CA\DD\07000.25001\10272839.5
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increased contract amount. For public projects awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount.
(I) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code."
SECTION 2. Section 3.08.060 (Bidding requirements - maintenance and general services) of Chapter 3.08 (Purchasing Regulations) of Title 3 (Revenue and Finance) of the Corona Municipal Code is hereby amended in its entirety to read as follows:
"3.08.060 Bidding requirements - maintenance and general services. (A) �60,000 or less. Maintenance work and other general services projects of $#60,000 or less, including those involving on-call maintenance work or general services, may be awarded by the director of the department responsible for the project, or his or her designee, pursuant to § 3.08.040, by any alternative procedure. Maintenance work and other general services projects of more than $45,000, but less than or equal to $55,000, including those involving on call maintenance v1ork or general services, may, except as otherwise provided in this chapter or the Act, be awarded by the director of the department responsible fur the project, or his or her designee, pursuant to § 3.08.040, pursuant to the non public project informal bidding procedure.
(B) $SS60,001 - $75,000. Maintenance work and other general services projects of more than $-5-5-60,000, but less than or equal to $75,000, including those involving on-call maintenance work or general services, may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the General Manager of the Department of 1Nater and PowerDirector of Utilities pursuant to the non-public project informal bidding procedure. (C) $75,001 - $100,000. Maintenance work and other general services projects of more than $75,000, but less than or equal to $100,000, including those involving on-call maintenance work or general services, shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
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(D) More than $100,000. Maintenance work and other general services projects of more than $100,000, including those involving on-call maintenance work or general services, shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
(E) City Engineer review of plans and specifications. The City Engineer shall review and approve the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project which may affect the design or operation of public improvements and which may bring into question the city's liability for dangerous conditions of public property.
(F) Purchasing Agent review of plans and
specifications. The purchasing agent, or his or her designee, shall review and approve the form of the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project.
(G) City Council review of plans and specifications. The City Council shall review and approve the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project of more than $100,000.
(H) Award. Contracts for maintenance work and other general services projects of $#60,000 or less, including those involving on-call maintenance work or general services, if awarded, may be awarded in the best interests of the city. Contracts for maintenance work and other general services projects of more than $45,000, other than those involving on call maintenance work or general services, if a>narded, shall be 0:\varded to the lowest responsive and responsible bidder. If tv;o or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. Contracts for projects involving on call maintenance work or general services of more than $45,000, if 0:\Varded, shall be a-warded to the60,000, if awarded, shall be awarded to the contractor who will best serve the interests of the city, taking into account, in addition to cost, their demonstrated competence, qualifications and suitability for the project in general.
(I) Subsequent contract awards, amendments, extensions, or renewals. Notwithstanding anything herein to the contrary, the department director and City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend, or renew such a contract, without obtaining the next highest approval authority ( e.g. the City Manager for the department director and the City Council for the City Manager), when CA\DD\07000.25001\10272839.5
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the award, amendment, extension, or renewal will result in the city paying an aggregate amount in excess of the approval authority of the department director or City Manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase "same project" shall include an on-call or as-needed contract.
(J) Dollar limits and change orders or amendments. The
dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For maintenance and other general service projects awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount. (K) Six-year term limitation. No maintenance work or other general services contract shall extend for a period of more than six years, including any authorized extensions, unless specifically approved by City Council action.
(L) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(M) Local preference; maintenance and general services. As set forth in further detail in § 3.08.0S0(J) below, the City Council has made findings and adopted a local bidder preference program ("local program") applicable to certain purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services projects described in this section. Accordingly, contracts for maintenance work and other general services projects that are competitively bid and involve an expenditure of $200,000 or less, shall be subject to the local program set forth in § 3.08.0S0(J). For recurring procurements/contracts, the local program shall be applicable only to the city's first $200,000 worth of such procurements/contracts for any fiscal year, as determined by city staff in its sole discretion. For such recurring procurements/contracts, the bidding documents shall indicate whether or not the local program is in effect for the applicable procurement. Properly certified local businesses (as defined in § 3.08.0S0(J)) shall be entitled to the specified reduction of 5% in the tabulation of their bid for purposes of determining the lowest responsible bidder, unless otherwise prohibited by CA \DD\07000.2500 I \I 0272839.5
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law ( such as special state or federal grant programs). If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation."
SECTION 3. Section 3.08.070 (Bidding requirements - professional services) of Chapter 3.08 (Purchasing Regulations) of Title 3 (Revenue and Finance) of the Corona Municipal Code is hereby amended in its entirety to read as follows:
"3.08.070 Bidding requirements - professional services. (A) $SS60,000 or less. Professional services contracts of $#60,000 or less may be awarded by the director of the department responsible for the project, or his or her designee, pursuant to § 3.08.040, by any alternative procedure. Professional services contracts of more than $45,000, but less than or equal to $55,000 may, except as otherwise provided in this chapter or the Act, be avrarded by the director of the department responsible for the praject, or his or her designee, persuant to § 3.08.040, pursuant to the non public praject informal bidding procedme. (B) $SS60,001 - $75,000. Professional services contracts of more than $-5-5-60,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the General Manager of the Department of \\later and Pm'ler Director of Utilities pursuant to the nonpublic project informal bidding procedure. (C) $75,001- $100,000. Professional services contracts of more than $75,000, but less than or equal to $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
(D) More than $100,000. Professional services contracts of more than $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
(E) Purchasing agent review of scope of services. The
purchasing agent shall review and approve, or provide for the review and approval of, the scope of services prepared for every professional services contract.
(F) City Council review of scope of services. The City
Council shall review and approve the scope of services prepared for every professional services contract of more than $100,000.
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(G) Award. Contracts for professional services shall be awarded to the contractor who will best serve the interests of the city, taking into account the demonstrated competence, professional qualifications, and suitability for the project in general. The city may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances. (H) Subsequent contract awards, amendments, extensions, or renewals. Notwithstanding anything herein to the contrary, the department director and City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services, or amend, extend, or renew such a contract, without obtaining the next highest approval authority ( e.g. the City Manager for the department director and the City Council for the City Manager), when the award, amendment, extension, or renewal will result in the city paying an aggregate amount in excess of the approval authority of the department director or City Manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase "same project" shall include an on-call or as-needed contract.
(I) Dollar limits and change orders or amendments. The
dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For professional service agreements awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount.
(J) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code."
SECTION 4. Section 3.08.080 (Bidding requirements - materials, supplies, and equipment) of Chapter 3.08 (Purchasing Regulations) of Title 3 (Revenue and Finance) of the Corona Municipal Code is hereby amended in its entirety to read as follows:
"3.08.080 Bidding requirements - materials, supplies, and equipment. (A) $�60,000 or less. Purchases of materials, supplies, and equipment of $#60,000 or less may be awarded by the purchasing agent CA\DD\07000.25001\10272839.5
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or the director of the department responsible for the purchase, or his or her designee, pursuant to § 3.08.040, by any alternative procedure. Purchases of materials, supplies, and equipment of more than $45,000, but less than or equal to $55,000 may, except as otherwise provided in this chapter or the Act, be a>.varded by the director of the department responsible for the project, or his or her designee, pursuant to § 3.08.040, pursuant to the non public project informal bidding procedure.
(B) $SS60,001 - $75,000. Purchases of materials, supplies, and equipment of more than $-5-5-60,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the General ManagerDirector of the Department of 'Nater and PowerUtilities pursuant to the non-public project informal bidding procedure.
(C) $75,001 - $100,000. Purchases of materials, supplies, and equipment of more than $75,000, but less than or equal to $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the non-public project informal bidding procedure. (D) More than $100,000. Purchases of materials, supplies, and equipment of more than $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
(E) Department director review of specifications. The
director of the using department shall review and approve, or provide for the review and approval of, the specifications prepared for every purchase ofmaterials, supplies, and equipment.
(F) Purchasing agent review of specifications. The
purchasing agent, or his or her designee, shall review and approve the form of all contracts for the purchase of materials, supplies, and equipment.
(G) City Council review of specifications. The City Council shall review and approve the specifications prepared for every purchase of materials, supplies, and equipment of more than $100,000. (H) A ward. Contracts for the purchase of materials, supplies, and equipment of $#60,000 or less, if awarded, may be awarded in the best interests of the city. Contracts for the purchase of materials, supplies, CA\DD\07000.25001\10272839.5
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and equipment of more than $�60,000, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.
(I) Dollar limits and change orders or amendments. The
dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For materials, supplies, and equipment contracts awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager, or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount. (J) Local bidder preference program; purchases of
materials, supplies, and equipment; maintenance and general services. (1) Based upon the findings provided for in the recitals of the ordinance adding this § 3.08.080(J), the City Council has determined that it is in the best interests of the city to give a minimal preference to local businesses when the city is making certain purchases of materials, supplies, and equipment, as well as when it is entering into contracts for certain maintenance work and other general services projects, as set forth in this local bidder preference program ("local program"). (2) The local program shall consist of the following
general requirements, which shall be implemented by the purchasing agent within the city's Purchasing Policies and Procedures Manual:
(a) 1. A "local business" for purposes of
this local program shall mean the vendor:
a. Has fixed facilities with one or more
employees, which may include a sole proprietor, located at an address within city limits (a post office box alone is insufficient); and b. Has an appropriate city business
license/permit.
2. A vendor seeking to qualify for this
local program shall provide supporting information and certify in writing that it meets the above requirements as part of its bid.
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(b) In applying the local program to bids on a
city purchase subject to the local program, a qualifying local business shall be entitled to a reduction of 5% in the tabulation of its bid for purposes of determining the lowest responsible bidder, unless otherwise prohibited by law (i.e. special state or federal grant programs).
( c) The local program shall only be applicable
to purchases of materials, supplies, and equipment which are competitively bid and which involve an expenditure of $100,000 or less. If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
(3) The local program preference described in division
(J)(2) above shall be applicable only to purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of $200,000 or less. For recurring purchases, the local program shall be applicable only to the city's first $200,000 worth of such purchases for any fiscal year, as determined by city staff in its sole discretion. For such recurring purchases, the bidding documents shall indicate whether or not the local program is in effect for the applicable procurement. If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
(4) The local program may also establish a preference
for purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of more than $200,000. Such preference shall allow the city to take into consideration the net sales tax to be returned to the city as a result of an award to a qualifying local business in determining the lowest responsive and responsible bidder. The net sales tax shall be calculated based on the applicable bid price provided by the bidder in accordance with the city's purchasing policy. (K) Recycled products preference. In order to promote the use of products containing recycled material, including post consumer material and secondary material, the city may take into consideration the percentage of recycled product in the materials, supplies, or equipment being provided in determining the lowest responsive and responsible bidder. This section shall not be effective unless and until the purchasing agent adopts a written policy to implement its provisions, which policy shall be included in the city's Purchasing Policies and Procedures Manual.
In addition, fitness and quality being equal, the city shall endeavor to purchase products containing recycled material instead of virgin products, whenever available at no more than the total cost of the virgin materials.
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(L) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(M) Fleet replacement vehicles and
equipment. Notwithstanding anything to the contrary contained herein, the purchasing agent shall be the authorized contracting party for the replacement of a vehicle or other equipment on the city's annual vehicle/equipment replacement list, as approved through the budget process each year. The purchasing agent shall not make an award or approve such a purchase unless and until the applicable alternative procedure, non-public project informal bidding procedure or non-public project formal bidding procedure is followed."
SECTION 5. Section 3.08.110 (Non-public projects - formal bidding procedure) of Chapter 3.08 (Purchasing Regulations) of Title 3 (Revenue and Finance) of the Corona Municipal Code is hereby amended in its entirety to read as follows:
"3.08.110 Non-public projects - formal bidding procedure. (A) Uses of the non-public project formal bidding procedure. A formal bidding procedure shall be used whenever formal bidding is required by this chapter and the project does not involve a public project. (B) Distribution of notice inviting formal bids or request for proposals. A notice inviting formal bids or a request for proposals, as appropriate, shall be published at least once andposted at least ten calendar days before the date of opening the bids or proposals in a ne1i-vspaper of general circulation printed and published in the city, or, if there is no such nev1spaper, in a nev1spaper of general circulation which is circulated in the city. The notice inviting fonnal bids or request for proposals shall also be posted on the city's public bulletin board or electronic public bidding site and provided directly to bidders, vendors, or contractors on the city's approved list for the type of purchase at issue. The city shall endeavor to receive formal bids or proposals from at least three vendors or contractors.
A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder. If the purchasing agent and the director of the using department certify that, to the best of their knowledge, there is no local source or local provider available for the project, the notice inviting bids or the request for proposals, as appropriate, may be distributed to a list of qualified vendors maintained by the purchasing agent and/or published in a trade journal CA\DD\07000.25001\10272839.5
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appropriate to the project, in lieu of publication in a ne\vspaper of general circulation.
(C) Contents of notice inviting formal bids or request for proposals. At a minimum, the notice inviting formal bids or request for proposals shall:
(1) Describe the project or purchase in general terms;
(2) State how to obtain more detailed information about the project or purchase;
(3) State the date, time, and place for the submission of bids or proposals; and
( 4) Include any other information required by state or local law, as determined by the City Attorney.
Bids for purchases of more than $100,000 shall be sealed bids. (D) Proprietary projects or sole source products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product, or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting formal bids or request for proposals may be sent exclusively to such vendor or contractor. (E) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
(F) Bidder's security. When required by applicable law or determined necessary by the City Manager or purchasing agent, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law. (G) City's authority. The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.
(H) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure. (I) A ward of contract. The contract shall be awarded in accordance with §§ 3.08.060(H), 3.08.070(G), or 3.08.080(H) as applicable. If two or more bids are the same and the lowest, the city may accept the one it chooses.
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SECTION 6. Section 3.08.120 (Non-public projects - informal bidding procedure) of Chapter 3.08 (Purchasing Regulations) of Title 3 (Revenue and Finance) of the Corona Municipal Code is hereby amended in its entirety to read as follows:
"3.08.120 Non-public projects - informal bidding procedure. (A) Uses of non-public project informal bidding procedure: This informal bidding procedure shall be used whenever informal bidding is allowed for a purchase which does not involve a public project. (B) Distribution of notice inviting informal bids or request for proposals. A notice inviting informal bids or request for proposals, as appropriate, shall be provided. The notice inviting informal bids or requests for proposals shall be provided to at least three vendors or contractors, and the city shall endeavor to receive informal bids or proposals from at least three vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder.
(C) Contents of notice inviting informal bids or request for proposals. At a minimum, the notice inviting informal bids or request for proposals shall:
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(1) Describe the project or purchase in general terms;
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(2) State how to obtain more detailed information about the project or purchase;
(3) State the date, time, and place for the submission of bids or proposals; and
( 4) Include any other information required by state or local law, as determined by the City Attorney.
Bids for purchases of more than $100,000 shall be sealed bids. (D) Proprietary projects or sole source products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting informal bids or request for proposals may be sent exclusively to such vendor or contractor. (E) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
(F) Bidder's security. When required by applicable law or determined necessary by the City Manager or purchasing agent, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law. (G) City's authority. The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.
(H) No bids or proposals received. If no bids or proposals are received, the authorized contracting party may award the contract by any alternative purchasing procedure.
(I) A ward of contract. The contract shall be awarded in accordance with §§ 3.08.060(H), 3.08.070(G), or 3.08.080(H) as applicable. If two or more bids are the same and the lowest, the city may accept the one it chooses.
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15 SECTION 7. CEOA Findings. The City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This Ordinance merely amends the Corona Municipal Code to update the City's purchasing regulations. Thus, there is no possibility that adopting this Ordinance will have a significant effect on the environment and no further environmental analysis is required.
SECTION 8. Invalidity; Severability. If any sentence, cause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 9. Effective Date of Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen ( 15) days of its adoption cause it, or a summary of it, to be published in a newspaper of general circulation in the City of Corona.
This Ordinance shall take effect and be in force on the 30th day after its adoption.
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