NVF:KWF:JMD
4/4/2022
1 T-6074.006\ 1910810_1
Council Agenda: 4/26/2022
Item Number: 3.5(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on 4/14/2022.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF TH E CITY OF SAN JOSE
AMENDING SECTION 27.06. 050 OF THE SAN JOSE
MUNCIPAL CODE TO INCREASE THE CREDIT (OR
“DISCOUNT”) PROVIDED FOR A LOCAL BUSINESS
ENTERPRISE OR A SMALL BUSINESS ENTERPRISE
FROM 2.5 PERCENT TO 5.0 PERCENT AND TO
AUTHORIZE THE CITY MANAGER OR CITY MANAGER’S
DESIGNEE TO UPDATE PROCUREMENT
PREFERENCES FOR MINOR PUBLIC WORKS
CONTRACTS ACCORDINGLY
WHEREAS, the San José City Council (“City Council”) desires to amend Title 27 as set forth in the memorandum dated March 29, 2022; and WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP PP17-008 (Code or Policy change that involve no changes in the physical environment); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 27.06.050 of Chapter 27.06 of Title 27 of the San José Municipal Code is hereby amended to read as follows:
NVF:KWF:JMD
4/4/2022
2 T-6074.006\ 1910810_1
Council Agenda: 4/26/2022
Item Number: 3.5(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on 4/14/2022.
27.06.050 Request for Quotes
The Director will use a request for quotes process that complies with the following requirements as the primary method of procuring Minor Public Works Contracts.
A. The Director may send a request for quot es to Contractors by telephone, fax, e- mail or any other electronic means.
B. The request for quotes must be in writing, and the Director must send the same written request for quotes to all Contractors.
C. The Director must give Contractors a reasonable amount of ti me to respond to a request for quotes given the complexity of the Minor Public Works Project.
D. The Director may conduct the procurement consistent with the "best value" approach in Chapter 27.12, except that the Public Bidding requirements of Section 27.12.030 will not apply.
E. The Director must require Contractor s to respond to a request for quotes in writing.
F. The Director must obtain written quotes from at least 3 Contractors unless doing so is not practicable.
G. Except where legal constraints on the expenditure of funds prohibits the use of preferences, the Director will give the following preferences to a Contractor in determining the lowest quote:
1. A credit of 2.55.0 percent of the amount of the quote if the Contractor is a Local Business Enterprise, as defined in 4.12.030 of Chapter 4.12 of the Municipal Code; and
NVF:KWF:JMD
4/4/2022
3 T-6074.006\ 1910810_1
Council Agenda: 4/26/2022
Item Number: 3.5(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
REVISED—Administrative changes made since original posting on 4/14/2022.
2. An additional credit of 2.55.0 percent of the amount of the quote if the Contractor is also a Small Business Enterprise, as defined in 4.12.060 of Chapter 4.12 of the Municipal Code.
H. The Director must award the Minor Pub lic Works Contract in accordance with either of the following:
1. To the Contractor submi tting the lowest quote; or
2. If the Director uses the "best value" approach, to the Contractor submitting the lowest quote as determined in accordance with Section 27.12.040 of Chapter 27.12.
SECTION 2. The City Manager or the City Manager’s designee is authorized to update procurement preferences for Minor Public Works Contracts accordingly.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Ma
yor
ATTEST:
TONI J. TABER, CMC
City Clerk