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HomeMy Public PortalAbout8ATem le AGENDA ery MEMORANDUMITEM8.A. Staff Report TO: THE HONORABLE CITY COUNCIL DATE: SEPTEMBER 7, 2010 FROM: JOSE E. PULIDO, CITY MANAGER 10 - BY: MONICA MOLINA, FINANCIAL SERVICES MANAGER' SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 10-937 AMENDING TEMPLE CITY MUNICIPAL CODE RELATING TO THE CITY'S SYSTEM FOR PURCHASING GOODS, SERVICES AND EQUIPMENT. SUMMARY On August 17, 2010, the City Council conducted a public hearing to consider amending Temple City Municipal Code relating to the City's system for purchasing goods, services and equipment. The City Council approved the draft amended Ordinance and is recommended for second reading. BACKGROUND 1. On June 15, 2010, the City Attorney reviewed and revised the Temple City Municipal Code relating to the City's system for purchasing goods, services and equipment. The City Attorney reviewed the City's existing code; current State requirements; codes of other charter cities; and codes with which their office is familiar. In crafting an amended code, little as possible changes were made in regards to the way Temple City handles purchasing on a day-to-day basis but changes were made to give the City more flexibility on smaller dollar item purchases while making sure that the City follows applicable laws. The amended Ordinance would do two things: a) change the City's design -build contracting process to bring it into conformity with State law and the City Charter; and b) change the City's public bidding requirements to bring them into conformity with the City Charter. 2. On June 22, 2010, Staff discussed the new Draft Purchasing Ordinance with the City Attorney and set the threshold for requiring bidding on purchases of equipment, supplies and services at $25,000 (currently $5,000)*. Purchases over $25,000 would require the City to follow the formal bidding process (Exhibit A). The amended purchasing ordinance includes the additional recommended changes: a) elimination of the current exemption from prevailing wage (required because of the charter); City Council September 7, 2010 Page 2 b) power to use cooperative purchasing agreements to allow more flexibility where some other entity has already gone through a formal bidding process; c) requirement for informal quotes for items under the threshold; d) change in current design/build authority to simply comply with design/build in the Public Contracts Code**; and e) local vendor preference. (This is permissive, not mandatory, and will allow the City to give preferences when it wants to without ever requiring to do so). 3. On August 17, 2010, the City Council held a public hearing and Ordinance No. 10-937 was introduced for first reading. The draft Ordinance was approved by the City Council and a second reading is required. *The increase of the threshold was changed to an amount that is similar to what other cities are doing and will give Staff flexibility while still making sure that large purchases are approved by the City Council. **The bidding threshold for public projects is set by the Public Contracts Code and does not apply to the purchasing ordinance. RECOMMENDATION Waive further reading and adopt Ordinance No. 10-937 by title only. FISCAL IMPACT No fiscal impact. ATTACHMENTS Ordinance No. 10-937 S:\WordlAgenda Items \FY 10-1 1 City\Purchasing Ordinance 2nd Reading 9-7-2O10.docx ORDINANCE NO. 10-937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING CHAPTER 5 [PURCHASING SYSTEM] OF TITLE 2 [ADMINISTRATION] OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE CITY'S SYSTEM FOR PURCHASING GOODS, SERVICES, AND EQUIPMENT. WHEREAS, paragraph C of Section 607 of the City Charter requires the City Council to provide, by ordinance, for the acquisition of equipment, materials or supplies; and, WHEREAS, the City Council has provided for such acquisition through Chapter 5 [Purchasing System] of Title 2 [Administration] of the Municipal Code; and, WHEREAS, the City has identified two areas of Chapter 5 that must be brought into conformity with the City Charter and with State law; and, WHEREAS, in the course of amending the purchasing system to address the two areas of inconsistency the City undertook a thorough review of the entire Purchasing System and has identified additional Sections of the System that can be improved to create cost savings and efficiencies for the City; and, WHEREAS, the City Council wishes to adopt these improvements to streamline the acquisition procedures where such streamlining would be beneficial to the City while at the same time maintaining control over large purchases. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Chapter 5 [Purchasing System] of Title 2 [Administration] of the Municipal Code of the City of Temple City is hereby amended to read in its entirety as follows: 2500: Adoption of Purchasing System In order to establish efficient procedures for the purchase of supplies, services and equipment, to secure for the city supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted. All purchases or services or supplies for "public projects" as defined in Section 20161 of the Public Contract Code (or any successor to that Section) - 1 - LA #4837-8141-8246 vl shall be made in accordance with the Public Contract Code and with sections 2515 and 2517, as applicable, of this Chapter. All other purchases of supplies, services and equipment shall be made in accordance with this Chapter. 2501: Centralized Purchasing Department There is hereby created a centralized purchasing department in which is vested authority for the purchase of supplies, services and equipment. 2502: Purchasing Officer There is hereby created the office of purchasing officer, who shall be appointed by the city manager. The purchasing officer shall be the head and have general supervision of the purchasing department. The purchasing officer shall have authority to: A. Purchase or contract for supplies, service and equipment required by any using department in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing department and such other rules and regulations as shall be prescribed by the city council; B. Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment; C. Act to procure for the city the needed quality in supplies, services and equipment at least expense to the city; D. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; E. Prepare and recommend to the city council rules governing the purchase of supplies, services and equipment for the city; F. Prepare and recommend to the city council revisions and amendments to the purchasing rules; G. Keep informed of current developments in the field of purchasing, prices, market conditions and new products; H. Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations; I. Supervise the inspection of all supplies, services and equipment purchased to insure conformance with specifications; J. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment LA #4837-8141.8246 u1 which cannot be used by any agency or which have become unsuitable city use; and K. Maintain a bidder's list, vendor's catalog file and records needed for the efficient operation of the purchasing department. 2503: Estimates Of Requirements All departments using the purchasing department shall file detailed estimates of their requirements in supplies, service and equipment in such manner, at such time, and for such future periods as the purchasing officer shall prescribe. 2504: Encumbrance of Funds Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. 2505: Requisitions Using departments shall submit requests for supplies, services and equipment to the purchasing officer by standard requisition forms. 2506: Purchase Orders Purchases of supplies, services and equipment shall be made only by purchase order or, where appropriate, by formal written contract. 2507: Exemptions from Centralized Purchasing The purchasing officer, with approval of the city council, may authorize in writing any department to purchase or contract for specified supplies, services and equipment independently of the purchasing department; but shall require that such purchases or contracts be made in conformity with the procedures established by this chapter and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. 2508: Cooperative Purchasing Agreements (a) Without complying with the requirements of sections 2510 and 2511, the purchasing officer may participate in a cooperative purchasing agreement for the procurement of any supplies or equipment with any federal, state, county or local government agency when that agency has made their purchases in a competitive manner. The purchasing officer may participate in a cooperative purchasing agreement when the city can obtain supplies or equipment at a purchase price lower than that which the city can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing through the federal, state, county or local government agencies will LA #4837.8141-82.1G vl result in savings to the city, the purchasing officer is authorized to make such purchases. (b) The purchasing officer may also buy directly from a vendor at a price established by competitive bidding by another federal, state, county or local government agency in substantial compliance with sections 2510 and 2511 even if the city has not joined with that public agency in a cooperative purchase agreement. 2509: Open Market Procedure Purchases of supplies, equipment, or services and sales of personal property of an estimated value in an amount more than five thousand dollars ($5,000) but less than twenty five thousand dollars ($25,000.00) may be made by the purchasing officer in the open market without observing the procedure prescribed in section 2511 of this chapter. Purchase orders shall, whenever possible, be based on at least three informal quotes. 2510: Bidding Purchases of supplies, services, or equipment and the sale of personal property of an estimated value in excess of twenty five thousand dollars ($25,000.00) shall be by bid procedures pursuant to sections 2510 and 2511 of this chapter. Bidding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, when the city council by a four -fifths (415) majority determines after opening of bids that rejection of all bids and purchase on the open market will best serve the city, or when the commodity can be obtained from only one vendor. 2511: Formal Contract Procedure Except as otherwise provided herein, purchases and contracts for supplies, services, equipment and the sale of personal property of estimated value greater than twenty five thousand dollars ($25,000.00) shall be by purchase order or written contract with the lowest (or for purposes of Section 2516 of this Chapter, highest) responsible bidder, as the case may be, pursuant to the procedure prescribed; herein: A. Notice Inviting Bids: Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured and the time and place for opening bids. 1. Published Notice: Notice inviting bids shall be published at least ten (10) days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three (3) public places in the city that have been designated by ordinance as the places for posting notices. LA #1837-8141-8246 v 1 2. Bidder's List: The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have requested their names to be added thereto. 3. Bulletin Board: The purchasing officer shall also advertise pending purchases or sales by a notice posted on a public bulletin board in the city hall; B. Bidder's Security: When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder; C. Bid Opening Procedure: Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be opened for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening; D. Rejection Of Bids: In its discretion, the city council may reject any and all bids presented and readvertise for bids; E. Award Of Contracts: Contracts shall be awarded by the city council to the lowest responsible bidder who meets the quality requirements. The decision of the city council shall be final. For purchases of supplies and equipment, determination of the "lowest responsible bidder" may include the adjustment of the bid price of a qualifying local vendor (as defined in subsection 2517(B)(1) below) according to the local vendor preference procedures described in subsection 2517(B)(3) below. For purposes of this section, a responsible bidder means a bidder who has demonstrated the quality, fitness, capacity, and experience to satisfactorily perform the particular requirements of the city.] F. Tie Bids: If two (2) or more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of readvertising for bids, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening; I.A#•1837-8141-824G vl G. Performance Bonds: The city council shall have authority to require a performance bond before entering into a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. 2512: Inspection and Testing The purchasing officer shall inspect supplies and equipment delivered and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have authority to require chemical and physical tests of sample submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 2513: Professional services. The city manager shall sign all professional service contracts on behalf of the city. Professional services contracts will be prepared in accordance with the city's standard Consultants Services Agreement. The process for securing professional services will be through negotiation or through request for proposal subject to the contract value limitations of sections 2509 and 2010 of this chapter. 2514: Emergency Purchases During times of emergency, as concurred in by the city council or the city manager, mayor and city attorney, purchases necessary to meet such emergency may be made without compliance with this chapter. 2515: Design/Build Contracts Whenever the city seeks to construct any public work, other than transportation facilities, with design and construction costs in excess of one million dollars ($1,000,000.00), the city council may proceed to contract therefor as a design/build project in compliance with California Public Contracts Code Section 20175.2, as amended, or any later enacted statute regulating designlbuild contracts. 2516: Surplus Supplies and Equipment All using agencies shall submit to the purchasing officer at such times and in such form as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies and equipment. Such sales shall be made pursuant to sections 2509, 2510 and 2511 of this chapter, as applicable. LA #4837.8141.8246 vl 2517. Local vendor preference program. A. The city has established a local vendor preference program to be applied in the procurement of supplies and equipment under Section 2511 of this chapter. B. The adjustment to bids provided for under the local vendor preference program shall be implemented according to the following: 1. Qualification for local vendor preference. In the procurement of supplies and equipment for the city's requirements, preference shall be given to those vendors who (i) qualify as a local vendor ("qualifying local vendor") under this subdivision and (ii) submit a written statement in their bid package requesting to be considered a qualifying local vendor. In order to qualify as a local vendor, the bidder must certify the following information as part of the bid package: a. It has fixed facilities with employees located within the city limits; b. It has a business street address (post office box or residential a address shall not suffice to establish a local presence); c. All sales tax returns for the goods purchased must be reported to the state through a business within the geographic boundaries of the city; and d. It has a city business license. 2. False certifications. False certifications shall be immediate grounds for rejection of any bid or if the bid is awarded, grounds for voiding the bid, terminating any agreement, and seeking damages thereto. Failure to certify the above information shall result in the bid being considered by the city without any adjustment for a local vendor as described in subsection 2511(H)(c) below. 3. Application of local vendor preference. The bid of a qualifying local vendor shall be adjusted according to the following procedures: a. In the tabulation of bids to determine the lowest responsible bidder, the bid of each qualifying local vendor shall be reduced by five percent. b. The reduced bid price of the qualifying local vendor will then be compared to the other bids received by the city to determine the lowest responsible bidder under section 2511. Notwithstanding this reduction for purposes of determining the lowest responsible bidder, the contract amount with the lowest responsible bidder shall be at the bid price. LA #4837-a141-8246 v1 SECTION 2: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 7th day of September 2010. MAYOR ATTEST: APPROVED AS TO FORM: City Clerk City Attorney I, Mary Flandrick, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 10-937 was introduced at the regular meeting of the City Council of the City of Temple City held on the 17th day of August 2010, and was duly passed, approved and adopted by said Council at the regular meeting held on September 7, 2010 by the following vote: AYES: NOES: ABSENT: City Clerk I. #9837-81.11.8246 vl