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HomeMy WebLinkAbout2020-026 Opening and Tabulation of Bids; Amend. YMC 1.80.020ORDINANCE NO. 2020-026 AN ORDINANCE amending Yakima Municipal Code Section 1.80.020: Opening and tabulation of bids WHEREAS, the City follows the bidding requirements as outlined in state law and local procedure; and WHEREAS, Yakima Municipal Code section 1.80.020 addresses how bids are opened; and WHEREAS, with changing technology bidding is done both traditionally, with a formal opening of an envelope and review of bids on paper, as well as electronically through bidding software for non-public works projects; and WHEREAS, the current ordinance does not contemplate electronic bid openings; and WHEREAS, the current ordinance also does not contemplate a situation where the city clerk may not be available, such as if they are working remotely; and WHEREAS, changes to YMC 1.80.020 should be made to accommodate electronic bidding, where the computer program opens the bids, as well as situations where the city clerk may not be available; and WHEREAS, the City Council of the City of Yakima hereby finds and determines that it is in the best interests of the City of Yakima and its residents to amend YMC 1.80.020 regarding opening and tabulation of bids, and such amendment will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1.80.020 is hereby amended to read as follows 1.80.020 Opening and tabulation of bids. 1. Bids submitted through the E-Procurement system for purchasing only. All bids made pursuant to an advertisement therefor, as contemplated by Section 1,80.010 and through the E-Procurement system used for bids let by purchasing, shall be sealed, shall be publicly opened by the procurement manager, or their designee, at the time and place specified in the bid call, and witnessed by another staff member from the purchasing department or other department of the city. The bids shall be tabulated by the purchasing agent and submitted to the city manager for their approval or rejection. 2. All other bids. All bids made pursuant to an advertisement therefor, as contemplated by Section 1.80.010, shall be sealed, shall be publicly opened by the city clerk, or their designee from the city clerk's department, at the time and place specified in the bid call, and the bids shall be tabulated by the purchasing agent and submitted to the city manager for their approval or rejection. (Ord. 1694 § 2, 1974: Ord. 220 § 2, 1961). Section 2. SeverabilitvNalidity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 2nd da of November, 2020. Patricia Byers, ,ATT ST: Sonya la r Tee, City ler 4 * * Publication Date: November 6, 202(1144:vr.-5- Effective Date: December 6, 2020 ayor 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 4.G. For Meeting of: November 2, 2020 Ordinance amending Section 1.80.020: Opening and tabulation of bids Sara Watkins, Senior Assistant City Attorney Maria Mayhue, Senior Buyer Sonya Claar Tee, City Clerk SUMMARY EXPLANATION: Currently bids are obtained and opened in two ways: the traditional way where bids are submitted on paper and in an envelope and are opened in public and tabulated (for public works projects); and through purchasing software where the computer opens and tabulates the bids in public (for purchasing contracts mainly). In both cases, a purchasing representative and the city clerk are present in Council Chambers when the bids are opened (either by hand or by the computer software). The current Ordinance only contemplates the traditional bidding procedure. With the new purchasing software "opening" the bids, it was determined that the city clerk need not be present for those openings. However, the proposal is to have the purchasing manager (or designee) and another witness be present during the public opening. The current Ordinance also does not contemplate a situation where the city clerk is not present, due to, for example, working remotely. The proposal would amend the traditional bid opening to allow the city clerk to have someone designated from the clerk's office to attend the traditional bid opening in their place when necessary. In all events, bids will still be opened in public. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Description L redline Upload Date Type 10/2/2020 r Mere© 2 D oti clean 10/2012020 a‘er Memo