HomeMy WebLinkAboutOrdinances - No. 1995ORDINANCE NO. 1995
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL
CODE TITLE 3 — REVENUE AND FINANCE — CHAPTER 3.20, "PURCHASING
SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.105, "PUBLIC
WORKS PROJECTS," IN ITS ENTIRETY TO PROVIDE INFORMAL BIDDING
PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. The Lodi Municipal Code Chapter 3.20 Purchasing System Section title list is
repealed and reenacted in its entirety to read as follows:
Chapter 3.20 - PURCHASING SYSTEM
3.20.010 - Purpose.
3.20.015 - Definitions.
3.20.020 - Purchasing officer—Established.
3.20.030 - Purchasing officer—Powers.
3.20.040 - Delegation of purchasing authority.
3.20.045 - State and local agency contracts.
3.20.060 - Requisitions.
3.20.070 - Bidding.
3.20.075 - Professional/technical services contracts.
3.20.076 - Contract authority.
3.20.077 - Electronic hardware and software.
3.20.080 - Purchase orders.
3.20.085 - Professional services agreements.
3.20.090 - Use of unencumbered funds required.
3.20.095 - State and federal grants.
3.20. 100 - Formal contract procedure.
3.20.105 - Public works projects – Informal Bidding Procedures.
3.20.106 - Local hire policy and apprenticeship.
3.20.110 - Open market procedure.
3.20.115 - Split transactions.
3.20.120 - Inspection and testing of purchases.
3.20.130 - Vehicle purchases and disposition exemption.
3.20.135 - Procurement cards.
3.20.140 - Restrictions.
3.20.150 - Penalty for violation.
SECTION 2. Lodi Municipal Code Chapter 3.20 Purchasing System, Section 3.20.105 "Public works
projects." is repealed and reenacted in its entirety to read as follows:
3.20.105 - Public works projects – Informal Bidding Procedures.
This Section is added to the Lodi Municipal Code to provide as follows:
A. Informal Bid Procedures. Public projects, as defined by the Public Construction Cost
Accounting Act (Public Contract Code §§ 22000, et seq.) and in accordance with the
limits listed in Section 22032 of the Public Contract Code, may be let to contract by
informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.
B. Contractor's List. The agency shall comply with the requirements of Public Contract
Code Section 22034.
C. Notice Inviting Informal Bids. Where a public project is to be performed which is subject
to the provisions of this Ordinance, a notice inviting informal bids shall be circulated
using one or both of the following alternatives:
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 list developed in accordance
with Section 3.20.105 (B).
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:
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.
SECTION 3. No conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care toward persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 5. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
Section 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days
after its passage, a summary of the Ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this 6th day of April, 2022
MIKEY HOTHI
Mayor Pro Tempore
2
Attest:
PAMELA M. FARRIS
Assistant City Clerk
State of California
County of San Joaquin, ss.
I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1995 was introduced at a regular meeting of the City Council of the City of Lodi held
March 16, 2022, and was therefore passed, adopted, and ordered to print at a regular meeting
of said Council held April 6, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
Approved as to Form:
JANI , D. MAGDICH
Mly Attorney