HomeMy WebLinkAboutOrdinance No. 2024-07- Amended Purchasing OrdinanceORDINANCE NO. 2024-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING AND RESTATING ARTICLE VII, CHAPTER 2, SECTIONS 2-
538 (7) AND 2-539 OF THE AZUSA MUNICIPAL CODE RELATING TO
WAIVING OF PURCHASING PROCEDURES
WHEREAS, City Council adopted Ordinance No. 2021-09 on January 18, 2022
WHEREAS, in order to improve the purchasing process certain changes to Article VII,
Chapter 2,Section 2-538 and Section 2-539, of the Azusa Municipal Code are necessary.
WHEREAS, Staff seeks to improve administrative efficiency and maintain auditing
consultant cost stability by having administrative authority to re-negotiate tax auditing contracts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Article VII, Chapter 2, Sections 2-538 (7) and 2-539 of the Azusa Municipal
Code are hereby deleted in its entirety and restated to read as follows:
^^Sec. 2-538. Award of professional, management, general or special services contracts based
upon competence.
Contract amendments. The purchasing officer is authorized to issue contract amendments as follows;
(i) If the contract was originally executed for an amount of $50,000.00 or less, the purchasing officer
shall have the authority to issue contract amendments, provided that the sum of all amendments, plus
original contract amount, shall not exceed $50,000.00. If the amended contract will exceed $50,000.00, the
city council shall make a finding that it is in the best interest of the city to waive the normal selection
process and approve the amendment to the contract.
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(ii) For a contract originally executed for an amount of $50,000.00 and over and originally approved by
city council, the purchasing officer shall have authority to issue contract amendments, provided that the
sum of all contract amendments for any single contract shall not exceed the amount approved by city
council. If the amended contract will exceed the amount previously approved by city council, the contract
amendment must be approved by city council.
(iii) Tax auditing services.
Sec. 2-539. Waiving of purchasing procedures.
In its discretion, the city council may at any time, without amending this chapter, waive the
purchasing procedures or alter these proceedings to fit a specific purchase or contract, when such
waiver is not in violation of state or federal law. A request for waiver should occur only when
unforeseen circumstances or emergencies arise that justify an exception to following the provisions
of this article, the city will not be prejudice by such waiver and is in the best interest of the city and
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its operations.
The city may waive purchasing procedures where revenue sharing agreement renewals arc
concerned provided that the original contract followed the purchasing policies and remaining with
the same consultant is in the best interest of the city as bidding would significantly increase the cost
of the agreement. A request for a waiver should only occur when the revenue (net of fees) is greater
than the City would receive if the city did not have the consultant’s assistance.”
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance or the
application thereof to any entity, person or circumstances is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect any other provisions or
applications, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. The City Council of the
City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional, invalid, or unenforceable.
SECTION 3. Effective Date. This Ordinance shall become effective thirty (30) days
following its adoption.
SECTION 4. Publication. The City Clerk shall certify the adoption of this Ordinance. Not
later than fifteen (15) days following the passage of the Ordinance, the Ordinance, or a summary
thereof, along with the names of the City Council members voting for or against the Ordinance, shall
be published in a newspaper of general circulation in the City of Azusa.
PASSED, APPROVED and ADOPTED this 4"’ day of November, 2024.
C
Robert Gonzales
Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
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I HEREBY CERTIFY that the foregoing Ordinance No. 2024-07, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 2U' day of
October, 2024 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the Azusa City Council on the 4th day of November, 2024 by the following vote of the Council:
COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH
COUNCILMEMBERS:
AYES:
NOES:
ABSENT: COUNCILMEMBERS:
APPROVED AS TO FORM:
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Best, B^t & Krieger, LLIf
City Attorney