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File #: ID 25-1092    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 8/1/2025 In control: City Council
On agenda: 8/28/2025 Final action:
Title: Actions pertaining to the addition of Notice of Funding Availability to the list of procurement methods included in the Regulated Communications ordinance: 1. BILL - (For Introduction) Amending Sections 4-603, 4-604, 4-605, 4-607, and 4-608 of the Fresno Municipal Code, relating to Regulated Communications in the City Procurement Process
Sponsors: General Services Department, Office of Mayor & City Manager, Miguel Angel Arias
Attachments: 1. 25-1092 Proposed Ordinance Amending FMC Sections 4-603, 4-604, 4-605, 4-607 & 4-608
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REPORT TO THE CITY COUNCIL

 

 

FROM:                     GEORGEANNE A. WHITE, City Manager

                     Office of the Mayor and City Manager

 

                     MIGUEL A. ARIAS, Vice President

                     City Council, District Three

 

BY:                     BRIAN BARR, Director

                     General Services Department

 

                     MELISSA PERALES, Purchasing Manager

                     General Services Department, Purchasing Division

 

SUBJECT

Title

Actions pertaining to the addition of Notice of Funding Availability to the list of procurement methods included in the Regulated Communications ordinance:

1.                     BILL - (For Introduction) Amending Sections 4-603, 4-604, 4-605, 4-607, and 4-608 of the Fresno Municipal Code, relating to Regulated Communications in the City Procurement Process

 

Body

RECOMMENDATION

 

Staff recommends Council introduce for first reading the Bill amending Sections 4-603, 4-604, 4-605, 4-607, and 4-608 of the Fresno Municipal Code to add Notice of Funding Availability to the list of procurement methods included in the Regulated Communication provisions, prior to the final adoption at the next scheduled meeting of the City Council.

 

EXECUTIVE SUMMARY

 

This Ordinance proposes adding Notice of Funding Availability (NOFA) to the list of procurement methods subject to Regulated Communication provisions under Chapter 4, Article 6 of the Fresno Municipal Code. This amendment ensures consistent application of communication restrictions across all procurement types and reinforces the City’s commitment to transparency and fairness in the solicitation and award process.

 

BACKGROUND

 

The Fresno Municipal Code outlines regulated communication provisions for various procurement processes to prevent undue influence and ensure transparency. However, the Code does not currently include the Notice of Funding Availability (NOFA) process within these provisions. This omission creates an inconsistency in the City’s procurement oversight, as NOFA remains outside the scope of regulated communications.

This gap has the potential to undermine the integrity of the procurement process by allowing unregulated communications in connection with NOFA solicitations. To address this issue and maintain consistent standards across all procurement activities, this amendment will revise Sections 4-603, 4-604, 4-605, 4-607, and 4-608 of the Fresno Municipal Code to include NOFA under the regulated communication requirements.

 

ENVIRONMENTAL FINDINGS

 

This is not a project pursuant to CEQA Guidelines section 15378.

 

LOCAL PREFERENCE

 

Local preference is not applicable.

 

FISCAL IMPACT

 

There is no fiscal impact.

 

 

Attachment:

Proposed Ordinance Amending FMC Sections 4-603, 4-604, 4-605, 4-607, & 4-608