HomeMy WebLinkAboutOrd. 1583-2019 (19-649)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1583-2019
File Number: 19-649 Enactment Number: ORD 1583-2019
ORDINANCE AMENDING TITLE 4, CHAPTER 4.04 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO
PURCHASING PROCEDURES AND INFORMAL BIDDING
WHEREAS, California law generally requires all public works contracts over the amount of $5,000 be
competitively bid;
WHEREAS, the Uniform Public Construction Cost Accounting Act (the "Act") provides a set of
alternate, informal bidding procedure that municipalities may utilize it they have adopted the Act's
accounting procedures; and
WHEREAS, the City of South San Francisco ("City") has opted in to adopt the Act's accounting
procedures and has adopted an informal bidding procedures ordinance under Chapter 4.04 of the South
San Francisco Municipal Code to utilize the bidding procedure under the Act; and
WHEREAS, Prior to January 1, 2019, the Act authorizes public projects of $45,000 or less to be let
without competitive bidding and be performed by force account, authorizes public projects of $175,000
or less to be let by informal bidding procedures, and requires public projects of more than $175,000 to be
let by formal bidding procedures; and
WHEREAS, the Act also permits participating public agencies, in the event all bids received for the
performance of a public project are in excess of $175,000, to award the contract at $187,500 or less to
the lowest responsible bidder if it determines its cost estimate was reasonable; and
WHEREAS, Assembly Bill 2249 ("AB 2249") was passed in 2018 and became effective on January 1,
2019, and amended the dollar thresholds for the above -stated informal bidding options; and
WHEREAS, before AB 2249, the Act permitted participating public agencies, in the event all informal
bids received for the performance of a public project are in excess of $175,000, to award the contract at
$187,500 or less to the lowest responsible bidder if it determines its cost estimate was reasonable; and
WHEREAS, AB 2249, effective January 1, 2019, increased monetary bid limit thresholds, effectively
adjusting the bidding procedures for when no bidding, informal bidding, and formal bidding procedures
are required.; and
WHEREAS, AB 2249 now authorizes public projects of $60,000 or less to be performed by city
workforce without competitive bidding, authorizes public projects from $60,001 to $200,000 to be
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File Number. 19-649 Enactment Number. ORD 1583-2019
procured through informal bidding, and only require formal bidding for public projects of $200,001 or
more; and
WHEREAS, AB 2249 now permits participating public agencies, in the event all informal bids received
for the performance of a public project are in excess of $200,000, to award the contract at $212,500 or
less to the lowest responsible bidder if it determines its cost estimate was reasonable; and
WHEREAS, staff recommends that Chapter 4.04 of the South San Francisco Municipal Code be
amended to reflect the changes in dollar thresholds for alternative bidding procedures under the Act, as
amended by AB 2249; and
WHEREAS, based on all of the information presented at the July 10, 2019 City Council meeting, both
written and oral, including without limitation the public comment, staff reports, minutes, and other
relevant materials, the City Council finds that an ordinance amending the City's Purchasing Procedures
set forth in Chapter 4.04 of the South San Francisco Municipal Code should be approved to reflect
increased monetary limits for public construction cost accounting procedures set forth by AB 2249.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings The City Council of South San Francisco, finds that all Recitals are true and
correct and are incorporated herein by reference.
SECTION 2. Amendments
Chapter 4.04 "Purchasing System" of Title 4 of the South San Francisco Municipal Code is hereby
amended as follows. Sections and subsections that are not amended by this Ordinance are not included
below, and shall remain in full force and effect.
4.04.072 Notice inviting informal bids.
(e) If all bids received are in excess of two hundred thousand dollars, or the limits established by
subsection (d) of Section 22034 of the Public Contract Code, whichever is higher, the city council, by
adoption of a resolution by a four-fifths vote, may award the contract, at no more two hundred twelve
thousand five hundred dollars, or the limit established by subsection (d) of Section 22034 of the Public
Contract Code, whichever is higher, to the lowest responsible bidder, if it determines the cost estimate
was reasonable.
SECTION 3. Severability
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File Number. 19-649 Enactment Number. ORD 1583-2019
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,
the remainder of the ordinance and the application of such provision to other persons or circumstances
shall not be affected thereby.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be
prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance
is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's
Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance,
the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of
the full text of this Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from
and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco held the
10th day of July 2019.
At a meeting of the City Council on 7/24/2019, a motion was made by Richard Garbarino, seconded by Mark
Nagales, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas
Attest by /&1,0
R sa Govea Acosta
Kar sumoto, Mayor
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