HomeMy WebLinkAboutCC ORD 2016-2417 Amend Sections 2.60.035, 2.60.250, 260.270 City Manager's Contracting AuthorityORDINANCE NO. 2016 — 2417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTIONS 2.60.035, 2.60.250, AND 2.60.270
OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO
THE CITY MANAGER'S CONTRACTING AUTHORITY
WHEREAS, pursuant to the terms and provisions of the Government Code of the
State of California, proceedings were duly initiated for the amendment of the National City
Municipal Code; and
WHEREAS, the City Council of the City of National City approved Ordinance No.
2016-2413 titled "Ordinance of the City Council of the City of National City adding Chapter 2.62 to
the National City Municipal Code adopting Informal Bidding Procedures under the Uniform Public
Construction Cost Accounting Act" which added Chapter 2.62 to the National City Municipal Code;
and
WHEREAS, after passing Ordinance No. 2016-2413 that dealt with Public Project
amounts over which the city manager has authority to approve, the City Council of the City of
National City wishes to amend other areas of the National City Municipal Code so that dollar
amounts of the city manager's contracting authority are consistent throughout the National City
Municipal Code; and
WHEREAS, after passing Ordinance No. 2016-2413 certain other areas of the
National City Municipal Code must be amended to be consistent with and properly reflect that the
City of National City has adopted Uniform Public Construction Cost Accounting Act (the "Act") and
the provisions of Chapter 2.62.
NOW, THEREFORE, the City Council does ordain as follows:
Section 1. Sections 2.60.035, 2.60.250, and 2.60.270 of Chapter 2.60 of the National
City Municipal Code are hereby amended to read as follows:
2.60.035 Establishment of bid limits and contracting and award authority.
A. Formal bid limits and requirements are established for purchases and contracts
exceeding fifty thousand dollars ($50,000). Informal bid limits are established for purchases and
contracts exceeding two thousand five hundred dollars ($2,500).
B. The city manager shall have the authority to approve, execute, and award
purchases and contracts not exceeding fifty thousand dollars ($50,000). The purchasing agent
shall have the authority to approve, execute, and award purchases and contracts not exceeding
fifteen thousand dollars ($15,000). The city council shall, by resolution, approve all purchases and
contracts exceeding fifty thousand dollars.
2.60.250 Services, supplies and equipment not governed by this chapter. The
following services, supplies, and equipment shall not be subject to the competitive bidding
provisions of this chapter, except that the procurement and contracting authority based on the
monetary limits specified in this chapter shall also be applicable to the authority to execute
contracts for such procurements:
A. "Public projects" as defined in Section 22002 of the California State Public Contract
Code and as referenced in section 22030, et. seq.
B. Utility services and related charges;
C. Work or services performed by another public or quasi -public entity;
D. Real property purchases and related title and escrow fees;
E. Credit card purchases of gasoline, oil or emergency automotive needs;
F. Transportation and freight charges when not specifically included on a purchase
order;
G. Insurance and bond premiums;
H. Advertising;
I. Real property leases;
J. Demolition or abatement of dangerous structures or hazardous or unsafe
conditions;
K. Professional services agreements governed by Section 2.60.270 of this chapter; or
L. Alternative Bid Procedures for Public Projects governed by Chapter 2.62.
2.60.270 Authorization and change orders for professional services agreements and
public works contracts, and for previously authorized procurements. In addition to the authority
granted for procurement of supplies and equipment, the city manager is authorized to execute
public works contracts, agreements for professional services for architectural, engineering,
environmental, land surveying or construction project management pursuant to Section 4526 of
the Government Code, and agreements for services of other professionals required for the proper,
efficient administration of the city. The city manager shall approve and execute all contracts
according to the limits of the manager's approval authority established in Section 2.60.035 of this
chapter, and may approve change orders for previously authorized procurements of supplies and
equipment, professional services agreements and public works contracts in amounts not
exceeding an aggregate of twenty-five percent over the original authorized contract price or the
limits established in Section 2.60.035 of this chapter for the city manager, whichever is greater,
without prior city council approval. Engagement of qualifying professional vendors shall be based
upon demonstrated competence and the qualifications necessary for the satisfactory performance
of the city's requirements in accordance with the procedures set forth in the document entitled
"Procedures for Selection of Professional Services Firms" on file in the office of the city clerk.
Section 2. This Ordinance shall take effect and be in force thirty (30) days from the
date of its passage, and before the expiration of fifteen (15) days after its passage, it or a
summary of it, shall be published once, with the names of the members of the City Council voting
for and against the same in the San Diego Union -Tribune, a newspaper of general circulation
published in the County of San Diego, California.
Section 3. The city council declares that the judicial invalidity of any subsection or
portion of this chapter shall not affect the validity of any other remaining section or portion; that the
city council would have adopted each of those remaining portions, notwithstanding any later
declared invalidity. If any provision determined invalid under the preceding sentence can either be
Ordinance No. 2016 — 2417 Page 2 of 3 Ordinance Amending NCMC Chapter 2.60
December 20, 2016 City Manager's Contracting Authority
judicially severed or interpreted in a way that could harmonize it with the remaining provisions,
4141..,. then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect
to the remaining provisions of this chapter.
Section 4. The proposed action is exempt from the California Environmental Quality
Act ("CEQA") under section 15061(b)(3) — general rule; the project is not considered a project
under CEQA as there is no possibility that the activity raised by this ordinance may have a
significant impact on the environment; the city recently adopted new competitive bidding
requirements, and, by this ordinance, is ensuring that related portions of the municipal code are
consistent with the dollar amounts of the city manager's powers.
PASSED and ADOPTED this 20th day of December, 2016.
on Morrison, Mayor
ATTEST:
MI'chael R. Daly(, City Clerk
APPROVED AS TO FORM:
George H.1=iser, III
Interim City Attorney
Ordinance No. 2016 — 2417 Page 3 of 3 Ordinance Amending NCMC Chapter 2.60
December 20, 2016 City Manager's Contracting Authority
Passed and adopted by the Council of the City of National City, California, on
December 20, 2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City Clerk of the City f National City, California
Deputy
HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on December 6, 2016 and on December 20, 2016.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2016-2417 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 20, 2016.
By:
City Clerk of the City of National City, California
Deputy