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ORDINANCE NO. 873
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON AMENDING CHAPTER 3.08, PROCUREMENT, OF TITLE 3, REVENUE AND
FINANCE, OF THE PATTERSON MUNICIPAL CODE
WHEREAS, Chapter 3.08 was enacted in its current form in 2012; and WHEREAS, the City desires to amend Chapter 3.08 to reduce the administrative burden on staff and streamline the procurement process; and
WHEREAS, amendments are needed to Chapter 3.08 to clarify procurement requirements and provide clearer instruction to staff; and
WHEREAS, the proposed amendments align with procurement requirements in state and federal law and improve the procurement process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
SECTION 1. Chapter 3.08, Procurement, of Title 3, Revenue and Finance, of the Patterson Municipal Code is hereby amended as shown in the following strike through and double underscore text (unchanged text is omitted and is shown by “* * *”):
3.08.020 Definitions.
“Bidder” or “vendor” means a person, business or organization who submits a bid to the city in an effort to win a contract with the city to supply goods or services. City forces are not considered a “bidder” or “vendor” under this chapter.
“Procurement” means the process of purchasing, acquiring, or procuring goods or services from sources outside of the city’s own departments.
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3.08.050 Procurement procedure.
For all city procurements, the project manager will follow the guidelines set forth in the city’s adopted procurement policy. For procurements, except public projects under section 3.08.060, the procedure will include:
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B. Selecting Method of Procurement. Based on the cost estimate, the city manager will select the appropriate method of procurement as follows:
1. $5,000 and under: Course of normal business procurement. No bid process required.
2. Over $5,000 to $25,000: Informal quotes.
3. Over $25,000 to $100,000: Informal bid process.
4. Over $100,000: Formal bid process.
C. Course of Normal Business Procurement. For procurements $5,000 and under, the project manager may purchase the good or service with permission from the department head. The project manager will submit for every purchase an invoice that will be kept on file. * * *
E. * * *
The project manager will log each bid received. At the end of the period for accepting bids, the project manager shall provide the city manager or the city manager’s designee with a record of all bids received, the original cost estimate, and the project manager’s analysis of the responsiveness of each bid. The city manager or the city manager’s designee will select the lowest responsive bid or provide a written explanation for not choosing the lowest bid.
If two or more bids are the same and the lowest, any of the lowest bids may be selected.
The project manager is responsible for ensuring that all contracts entered into by the city comply with state and federal law.
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G. Professional Services. There is no bidding requirement for procurement of professional services as defined under Government Code Section 4525, as may be changed from time to time.
A professional service agreement must be submitted to the city council for approval if the cost estimate is over $100,000 and must provide sufficient background analysis to support the recommendation. After a professional is selected, the city will follow the guidelines in the Public Contract Code Section 6106, as may be changed from time to time, to negotiate the services.
1. The professional must be selected on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City.
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2. The selection process must assure maximum participation of small business firms, as defined by the Director of General Services pursuant to section 14837 of the Government Code.
3. Practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration are prohibited in the selection process.
City employees are prohibited from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section which would subject those employees to the prohibition of Section 87100 of the Government Code.
H. Exceptions.
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c. The city manager or their designee determines that critical circumstances require the immediate purchase of the merchandise or service. ***
e. The procurement will be provided through a cooperative purchasing program or a cooperative purchasing agreement of another public agency that was awarded following a competitive bidding process.
Even if formal bidding is not required, the city council must formally authorize every procurement for more than one hundred thousand dollars $100,000.00. * * *
3.08.060 Public projects.
Expenditures for public projects shall be contracted in accordance with the Uniform Public Construction Cost Accounting Act, Public Contracts Code Section 22000 et seq., as may be changed from time to time. (Ord. 737 (part), 2012).
For the purpose of this section, the following definitions apply:
“Public project” means construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; painting or repainting of any publicly owned, leased, or operated facility. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. “Public project” does not include maintenance work. {CW138435.1}
“Maintenance work” means routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; minor repainting; resurfacing of streets and highways at less than one inch; landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
Public projects, in accordance with the limits listed in Section 22032 of the Public Contract Code, shall be contracted by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.
A. Contractors list. The city shall comply with the requirements of Public Contract Code Section 22034.
B. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be circulated using one or both of the following alternatives:
1. Notices inviting informal bids may be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the contractors list.
2. Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:
a. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
C. The city manager is authorized to award informal contracts pursuant to this section.
If no bids are received through the formal or informal procedure, the project may be performed by City employees by force account or negotiated contract without further complying with the bid process.
In its discretion, the City may reject any bids presented, if the City, prior to rejecting all bids and declaring that the project can be more economically performed by City employees, furnishes a written notice to an apparent low bidder. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the City may:
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A. Abandon the project or readvertise for bids; or
B. By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by City employees, may have the project done by force account without further complying with the bid process.
SECTION 2. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Patterson hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
SECTION 3. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 18th day of June 2024, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2024, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
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Michael Clauzel
Mayor of the City of Patterson
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ATTEST:
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Aracely Alegre
City Clerk of the City of Patterson