2013 2:00:00 PM

Tuesday, May 28, 2013 2:00 PM
City Council Chambers, Legislative Building, 745 Fourth St, Sparks, NV

Public Hearing and Action Items Unrelated to Planning and Zoning: 7.1

Title: Public Hearing, 2nd reading, discussion and possible action on Bill No. 2657, an ordinance amending Chapter 2.25 of the Sparks Municipal Code to align more closely with the Nevada Revised Statutes and to update the City Council approval requirement from $25,000.00 to $50,000.00; providing other matters properly related thereto.

Petitioner/Presenter: Dan Marran, CPPO, C.P.M. – Contracts and Risk Manager/Dan Marran, CPPO, C.P.M. – Contracts and Risk Manager

Recommendation: Approve the proposed update to the City of Sparks Municipal Code Chapter 2.25

Financial Impact: None

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: The last update to Chapter 2.25 of the Sparks Municipal Code (the Procurement Code) occurred in 2006. The 4 intervening sessions of the Legislature have brought significant changes to processes associated with public procurement. The proposed update seeks to eliminate potential conflicts between the Sparks Municipal Code and applicable sections of Nevada Revised Statutes. Additionally, the proposed code revision will adjust the monetary approval requirements defined by the City Council, previously discussed at the City Council Workshop on January 28, 2013.

Background: Chapter 2.25 of the Sparks Municipal Code is the section of code specific to the City’s procurement practices. The code was last reviewed/revised in 2006. In the interim, procurement processes have changed due to streamlining as well as changes in law at the state level. Given that much of the City’s procurement code represents a copy of language that exists in NRS chapters, it is the desire of the Procurement Division to update the code as well as delete sections that are already detailed in applicable state law. This will also allow for seamless changes to process as the Nevada Legislature makes changes to those same chapters.

Analysis: Most of the changes are “clean-up” in nature. Others are complete deletions, noting that the language already exists in NRS. The attachment includes a mock-up of the complete Chapter with language additions noted in blue and deletions noted in red. Noted areas of specific interest that should be highlighted are: Defining the functional role of the “Purchasing Manager”, regardless of actual title held by the person with the functional responsibility of the head of procurement activities. Section 2.25.130 Emergency Procurements – This section has been re-worked to use the definition of emergency that exists in NRS. The previous definition was not as specific as the suggested edit. Language has been added to account for ongoing expenses related to any emergency and how that information may be shared with the City Council in the interim between the actual emergency and the next regular meeting of the City Council, where the information may be formally reported. Section 2.25.150 City Council Approval Requirements – This is a re-titled section that previously dealt with procurement processes at various dollar thresholds. This section identifies the top-end value that the City Manager or his designee are authorized to sign contracts and is currently $25,000.00. In discussion at the City Council Workshop in January, the City Council agreed that this limit should be re-set to $50,000.00 which matches the current bid requirement for (non-construction) services and supplies.

Alternatives: The City Council may choose to request further changes to the proposed update of the referenced Chapter or to deny the proposal.

Recommended Motion: I move to adopt Bill No. 2657 amending Chapter 2.25 of the Sparks Municipal Code.

Attached Files:

Procurement Code Amendment 2013-FINAL.pdf

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