CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-50 ENACTMENT NO. ________________________
SPONSORED BY: Joaquín Baca, Renée Grout, Nichole Rogers
ORDINANCE
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Amending The Public Purchases Ordinance Related To The Definition Of Social Services And Department References, And Directing The City To Update Information Accordingly (Baca, Grout, Rogers)
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AMENDING THE PUBLIC PURCHASES ORDINANCE RELATED TO THE DEFINITION OF SOCIAL SERVICES AND DEPARTMENT REFERENCES, AND DIRECTING THE CITY TO UPDATE INFORMATION ACCORDINGLY.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The definition of Social Services in ROA 1994, Section 5-5-3 of the Public Purchases Ordinance is hereby amended as follows:
SOCIAL SERVICES. The provision, primarily to low and moderate income residents of the City, of human services such as health care, substance abuse treatment and prevention, day care, emergency shelters, youth services, senior services, employment services, and job training; housing intended primarily for low and moderate income residents of the City; and economic development activities designed primarily to benefit low to moderate income areas of the City or to increase employment among low and moderate income residents. A social services contract is a contract between the City and a governmental agency, for-profit entity, or non-profit entity for social services in return for the City’s payment of costs associated with the provision of social services, including, but not limited to, the costs for labor, supplies, operating expenses, equipment, and the acquisition or improvement of real property.
SECTION 2. ROA 1994, Section 5-5-39 of the Public Purchases Ordinance is hereby amended as follows:
§ 5-5-39 PURCHASES OF SOCIAL SERVICES.
(A) Social services contracts shall be procured in accordance with written regulations promulgated by the Department of Health, Housing, and Homelessness, or a successor department, and approved by the Chief Administrative Officer and the Chief Procurement Officer.
(B) At a minimum, these department regulations shall require social services contracts to include service performance standards which shall be reviewed and revised on a regular basis. If these performance standards are not met for two consecutive years, a request for proposals pursuant to the department regulations shall be required.
(C) Contracts which meet the definition of social services contracts shall not be subject to the provisions in this article applicable to those professional/technical services contracts and intergovernmental agreements but shall be subject only to the provisions in this article applicable to social services agreements. City Council approval of social services contracts is required as set out in § 5-5-19 of this article.
SECTION 3. The City is directed to update all regulations, administrative instructions, policies, guidance documents, communications, and websites to reflect these updates to the Public Purchases Ordinance within 45 days of the effective date of this Ordinance.
SECTION 4. The City shall review any related City legislation and report any recommended changes to City Council by Executive Communication within 45 days of the effective date of this Ordinance.
SECTION 5. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 6. COMPILATION. SECTIONS 1 and 2 of this Ordinance amend, are incorporated in, and are to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 7. EFFECTIVE DATE. This Ordinance takes effect five days after publication by title and general summary.