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Item 6 - Ordinance Amending Section 3.28.070(G) of Municipal Code for Alternative Methods of Public Contract Security (2) (� fk AGENDA REPORT cis .'`PR,- CITY OF POWAY IN THE COJ.. TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manag.\3 J INITIATED BY: Kay D . Jimno, Director of Administrativ Services Douglas A. Milton, Purchasing Manag DATE: April 22 , 1986 SUBJECT: Ordinance Amending Section 3 . 28 . 070 (G) of Municipal Code for Alternative Methods of Public Contract Security 1 ABSTRACT 1 • It is necessary for the City of Poway to adopt an ordinance amending Section 3 . 28 . 070 (G) of the Poway Municipal Code to authorize alterna- tive methods of contract security in lieu of surety bonds . BACKGROUND I Presently, 'bidders on public works contracts are required to post surety bonds securing performance, material and labor. Staff has concluded that bidders should be permitted to supply other more cost effective forms of security to assure faithful performance and payment of labor and materials in public works contracts . FINDINGS It has been determined that security should be posted in the form of a surety bond, a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney, or a cash deposit. RECOMMENDATION It is recommended that the City Council introduce and hold first read- ing of the attached ordinance amending Section 3 . 28 . 070 (G) of the Municipal Code to allow for alternative methods of security for public works contracts . and set second reading for April 29, 1986 . JLB:KDJ:DAM: jt Attachment: Ordinance Amending Poway Municipal Code ry ACTION: Mel istpealing, set second for 4-29-86 J Seibert, Dep y City Clerk a` l lof 2 APR 221986 ITEM 6 d 410 . 410 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING THE PCWAY MUNICIPAL CODE SECTION 3.28.070(G) PROVIDING FOR ACCEPTANCE OF LETTER OF CREDIT OR CASH DEPOSIT IN T.TFI1 OF SURETY BONDS WHEREAS, The City Council has determined that bidders on capital improvement projects should have the option of selecting frau more than one type of perfor- mance security; and WHEREAS, the City Council desires to specify the types of acceptable perfor- mance securities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PCWAY DOES ORDAIN: Section 1: Section 3.28.070(G) of the Poway Municipal Code shall be amended to read as follows: 3.28.070(G) The City shall have authority to require a performance bend and labor and materials security before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires security, the form and the amount of the bend security shall be described in the notice inviting bids. The notice inviting bids may provide thatIsecurity may be posted in the form of a surety bond, a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney, or a cash deposit. EFFECTIVE DATE: This ordinance shalil take effect and be in force thirty (30) days after the date of its passaged and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and mem- bers voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 22nd day of April, 1986, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the day of , 1986, by the following roll call vote: AYES: CO()NCTTMFMRERS: NOES: COUNCTIMFMRERS: ABSENT: OCUNCI MFMRERS: Carl R. Kruse, Mayor Marjorie K. Wahlsten, City Clerk o/Creditl 1 - (2 of 2 APR 22 1986 ITEM 6