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HomeMy WebLinkAbout2023-06-8780ORDINANCE NO. 2023-06-8780 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, the City of Paducah initiated a review of the Code of Ordinances pursuant to KRS 83A.060(11) to be examined for consistency with state and federal law; and WHEREAS, the City of Paducah wishes to revise Chapter 2 of the Code of Ordinances to eliminate redundant, obsolete, inconsistent, and invalid provisions; and WHEREAS, House Bill 522, which becomes effective on July 1, 2023, amends KRS 45A.385 related to the Kentucky Model Procurement Code to increase the dollar threshold that triggers the requirement for a local public agency to use competitive bidding to purchase goods and services from $30,000 to $40,000; and WHEREAS, the City of Paducah wishes to amend the Code of Ordinances of the City of Paducah, Kentucky, to reflect the changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH AS FOLLOWS: SECTION 1. That Section 2-487 of the Code of Ordinances of the City of Paducah, Kentucky be amended as follows: Sec. 2-487. - Annual audit. See KRS [964180] 96A.190 SECTION 2. That Section 2-545 of the Code of Ordinances of the City of Paducah, Kentucky be deleted entirely, as follows: SECTION 3. That Section 2-643 of the Code of Ordinances of the City of Paducah, Kentucky shall be amended as follows: Sec. 2-643. - Responsibility for procurement; authority of City Manager. a. The City Manager is responsible to the Board of Commissioners for the administration of all procurement functions of the City. b. The City Manager is hereby authorized and empowered to make in behalf of the City any contract for materials, supplies or equipment, or for services, professional or otherwise, provided that the aggregate amount of the contract does not exceed [W-.000-00] $40,000.00. However, in exercising this authority, the City Manager shall not make any contract for any expenditure for any department of the City where the expenditure, together with the sum total of other expenditures for the department, exceeds the appropriation made for the department for any fiscal year by the budget approved by the Board of Commissioners, unless prior consent is given by the Board of Commissioners. In exercising this authority, the City Manager shall comply with the following provisions: All contracts made by the City Manager shall be evidenced by a writing which provides a description of the item or items purchased and the terms of sale, which writing shall be maintained as part of the records of the City. 2. A written summary of the procurement activities of the City Manager shall be provided to the Board of Commissioners on a monthly basis. 3. All contracts made by the City Manager shall be made in the best interests of the City, and shall be made for a price which is substantially similar to the market price of a like item purchased. Where possible, prior to the making of a contract, the City Manager shall contact at least three (3) suppliers of the item or items to be purchased to obtain the best price for and quality of the item to be purchased. c. The City Manager is hereby authorized to execute all contracts for procurement in accordance with this section for and in behalf of the City. d. All other provisions of this division regarding procurement, such as provisions relating to competitive bidding, competitive negotiations, advertisement, and noncompetitive purchasing, shall not apply to any procurement made by the City Manager hereunder unless deemed advisable by the City Manager. e. The City Procurement Officer, and any other employee designated by the City Manager, shall assist the City Manager in any procurement hereunder, and shall perform the duties assigned by the City Manager. SECTION 3. That Section 2-660 of the Code of Ordinances of the City of Paducah, Kentucky shall be amended as follows: Sec. 2-660. - Small purchase plan. a. The City Manager or the City Manager's designee is responsible for small purchase procedures for any contract for which a determination is made that the aggregate amount of the contract does not exceed [$30,000:89] $40.000.00. Small purchase procedures are in writing in the City of Paducah Administrative Policies and Procedures Manual and available to the public upon request. b. Procurement requirements shall not be parceled, split, divided or purchased over a period of time in order to circumvent the dollar limitations for small purchase. SECTION 4. That Section 2-669 of the Code of Ordinances of the City of Paducah, Kentucky shall be amended as follows: Sec. 2-669. - Equal employment opportunity; determination of prevailing wage. a. The City shall include as part of any invitation for bids or request for proposals for goods or services, equal employment opportunity language as may be required by local ordinance, KRS 45.570 — 45.640 and the procurement requirements of any agency from which the City may receive funds. SECTION 3. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 4. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 5. Effective Date. This ordinance s be read on two separate days and will become effective upon summary publication pursuant o S Chapter 424. GEOR BRAY, MA OR ■_ SECTION 3. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 4. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 5. Effective Date. This ordinance s be read on two separate days and will become effective upon summary publication pursuant o S Chapter 424. GEOR BRAY, MA OR ATTEST: �APoo I\ City Clerk Introduced by the Board of Commissioners, June 13, 2023 _ Adopted by the Board of Commissioners, June 27, 2023 Recorded by City Clerk, June 27, 2023 Published by The Paducah Sun, July 4, 2023 2 Procurement Threshold & Legal Review Updates