HomeMy WebLinkAboutOrdinance 2049 (Public Works Contract Policy)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2049
AN ORDINANCE AMENDING CHAPTER 11.50 OF TITLE 11 OF THE SAN RAFAEL
MUNICIPAL CODE, TITLED PUBLIC WORKS CONTRACT POLICY
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 5th day of May 2025; a
SUMMARY of Ordinance No. 2049 was published as required by City Charter in the
MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 19th day of May 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
20th day of May 2025
______________
LINDSAY LARA, City Clerk
ORDINANCE NO. 2049
AN ORDINANCE AMENDING CHAPTER 11.50 OF TITLE 11 OF THE SAN RAFAEL
MUNICIPAL CODE, TITLED PUBLIC WORKS CONTRACT POLICY
WHEREAS, Chapter 11.50 of the San Rafael Municipal Code (“SRMC”) sets forth the
City of San Rafael’s public works contract policy, which includes separate bidding and
award procedures for “minor contracts” and “major contracts”; and
WHEREAS, City’s public works contract policy, provides that no public works contract
shall be awarded without sufficient available budget appropriations within the account to
which the contract is to be charged; and the City Council desires to amend the policy to
include requirements for multi-year contracts where funding is provided annually through
the budget process; and
WHEREAS, under the City’s policy, “minor contracts” as defined, follow and informal
bidding procedure and may be awarded by the Director of Public Works, and do not
require City Council award; and
WHEREAS, the City Council desires to amend the policy’s contract award language to
provide that award authority for “minor contracts, as defined, rests with the City Manager
or their designee; and
WHEREAS, this Ordinance was introduced and read by title only at a duly-noticed public
meeting of the San Rafael City Council on the 5th day of May 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 1. Chapter 11.50 of Title 11 of the Municipal Code of the City of San
Rafael is hereby amended as follows. Additions are shown in underline and
deletions in strikethrough.
Chapter 11.50 – PUBLIC WORKS CONTRACT POLICY
11.50.040 Encumbrance of funds.
No public works contract shall be approved for public works unless there exists
an unencumbered appropriation in the fund account against which said contract
is to be charged. Multi-year maintenance contracts where appropriations are
provided on an annual basis shall be awarded subject to future budget
appropriations.
11.50.110 Contract award.
C. Awarding Authority. Bids on major contracts shall be awarded by the
city council. Bids on minor contracts may be awarded by the director
city manager or their designee.
DIVISION 2.
All former ordinances or parts thereof conflicting or inconsistent with the
provisions of this Ordinance or the Codes hereby adopted are hereby repealed.
DIVISION 3.
If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portion of this Ordinance. The City Council of the City of San Rafael
hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases shall be
declared invalid.
DIVISION 4.
The City Council finds that adoption of this Ordinance is exempt from the
California Environmental Quality Act (CEQA), pursuant to 14 CCR Section
15061(b)(3), since it can be seen with certainty that there is no possibility that the
adoption of this Ordinance may have a significant effect on the environment.
DIVISION 5.
This Ordinance shall be published once, in full or in summary form, before its
final passage, in a newspaper of general circulation, published and circulated in the
City of San Rafael and shall be in full force and effect 30 days after its adoption. If
published in summary form, the summary shall also be published within fifteen (15)
days after the adoption, together with the names of those Council members voting
for or against same, in a newspaper of general circulation published and circulated
in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the
office of the City Clerk, a certified copy of the full text of this Ordinance along with
the names of those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of
the San Rafael City Council on the 5th day of May 2025, and was passed and adopted at
a regular meeting of the San Rafael City Council on the 19th day of May 2025 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
COUNCILMEMBERS: None
COUNCILMEMBERS: None
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk