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HomeMy Public PortalAboutOrdinance 815ORDINANCE NO. 815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTERS 3.00, 3.01, 3.02 AND 3.03 TO THE BEAUMONT MUNICIPAL CODE AND RESCINDING CHAPTER 3.04 RE: PURCHASING SUPPLIES, ETC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1 • The following Chapters are hereby added to the Beaumont Municipal Code, as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof: Chapter 3.00 Purchasing Supplies and Personal Property Chapter 3.01 Procurement of Professional Services Chapter 3.02 Public Works Contracts Chapter 3.03 Disposal of Surplus Personal and Real Property Section 7• Chapter 3.04, entitled "Purchasing", is hereby rescinded in its entirety. Section 3• This Ordinance shall take effect as provided by law. MOVED, PASSED AND ADOPTED this 20th day of November , 2001. CITY OF BEAUMONT ROGER BERG, Mayor CERTIFICATION I, Alan C. Kapanicas, City Clerk of the City of Beaumont, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on November 6 , 2001, and was duly adopted upon second reading on November 20 , 2001, upon the following roll call vote: AYES: Mayor Berg, Council Members DeForge, Valdivia, and Fox. NOES: None. ABSTAIN: None. ABSENT: Council Member Dressel. CITY OF BEAUMONT AN C. KAPA CAIS,ty Clerk By (SEAL) 2 Title 1 REVF.NI JF AND FINANCF Chapters 3.00 Purchasing Supplies and Personal Property 3.01 Procurement of Professional Services 3.02 Public Works Contracts 3.03 Disposal of Surplus Personal and Real Property Sections Section 3.00.010 Section 3.00.020 Section 3.00.030 Section 3.00.040 Section 3.00.050 Section 3.00.060 Section 3 00 010 CHAPTER 3 00 PIJRCHASING 51 JPPI TES AND PERSONAT. PROPERTY Purpose and Policy. Purchasing Officer -Office Created. Purchasing Officer -Duties. Competitive Negotiations -When Required. Competitive Negotiation Procedures. Exemptions to Competitive Negotiations. Purpose and Policy In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost and to assure the quality of purchases, a purchasing system is hereby adopted. Section 3 00 020 Purchasing Officer -Office Created There is created the position of Purchasing Officer. The duties of this Officer shall be administered by the City Manager or such person as he or she may designate. Section 3 00 030 Purchasing Officer -Duties The duties of the Purchasing Officer shall be to purchase or contract for supplies, equipment and personal property pursuant to such administrative regulations as the Purchasing Officer may adopt, and such other rules and regulations as may be prescribed by the City Manager and approved by the City Council. The duties of the Purchasing Officer shall also include the disposition of surplus real and personal property, as provided in Chapter 3.03 of this Code. Section 3 00 040 Competitive Negotiation -When Required Purchasing supplies, equipment and personal property shall be by competitive negotiation except as provided in Section 3.00.050. Section 3 00 050 Competitive Negotiation Procedures Purchases subject to the competitive negotiation requirement shall be made by the Purchasing Officer as follows: A. Request for Proposal: A request for proposal shall be prepared and shall identify all significant evaluation factors, including price or costs when required, and their relative importance. B. Solicitation for Proposals: Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition consistent with the nature and requirements of the procurement. The request for proposals should be publicized and reasonable requests by other sources to compete should be honored to the maximum extent practicable. C. Evaluation: The Purchasing Officer shall provide mechanisms for technical evaluation of the proposals received and determinations of responsible offerors, for the purpose of written or oral discussions and selection for contract award. D. Award: Award may be made to the responsible offeror whose proposal will be most advantageous to the City, price and other factors considered. Unsuccessful offerors should be notified promptly. Section 3 00 060 Exemptions to Competitive Negotiation. Competitive negotiation for the purchase of supplies, equipment and personal property shall not be required in the following circumstances: A. In the case of an emergency. B. When the amount involved is less than $10,000.00. C. When the item can be obtained from only one vendor. 2 Sections. Section 3.01.010 Section 3.01.020 Section 3.01.030 Section 3.01.040 Section 3.01.050 Section 3.01.060 CHAPTER 1 01 PROCIJRFMF.NT OF PROFFSSIONAI, SERVICFS Purpose and Policy. Procurement Officer -Office Created. Procurement Officer -Duties. Competitive Procurement Procedures. Exemptions to Competitive Procurement Procedures. Authority of Procurement Officer. Section 3 01 010 Purpose and Policy It shall be the policy of the City that the procurement of professional architectural, landscape architectural, engineering, environmental, land surveying and construction project management services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Section 3 01 070 Procurement Officer -Office Created There is created the position of Procurement Officer. The duties of this Officer shall be administered by the City Manager or such person as he or she may designate. Section 3 01 030 Procurement Officer -Duties The duties of the Procurement Officer shall be: A. The promulgation of administrative regulations and the adoption of such other rules and regulations as may be prescribed by the City Manager and approved by the City Council. Such regulations shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit City employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this Section which would subject those employees to the prohibitions of the conflict of interest laws. B. The negotiation and recommendation of execution of contracts for professional services. 3 Section 1 01 040 Competitive Procurement Procedures The Procurement Officer shall comply with the following procedure for the procurement of professional services: A. Request for Proposal: Prepare a request for proposal that identifies all significant evaluation factors, including price or costs when required, and their relative importance. B. Solicitation of Proposal: Proposals shall be solicited from an adequate number of qualified sources. The request for proposals should be publicized and reasonable requests by other sources to compete should be honored to the maximum extent practicable. C. Evaluation: The Procurement Officer shall develop mechanisms for the technical evaluation of the proposals received, and shall conduct discussions with the proposers regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. D. Award: The Procurement Officer shall select, in order of preference and based upon criteria developed under Paragraph C above, the firm or individual deemed to be the most highly qualified to provide the services required. Section 3 01.050 Exemptions to Competitive Procurement Procedure The Procurement Officer is authorized to engage the services of a professional firm or individual without complying with the Competitive Procurement Procedures in the following circumstances: A. The services are available only from a single source; or B. Public exigency or emergency will not permit a delay; or C. State or federal grant or loan requirements authorize noncompetitive procurement of such services; or D. After solicitation of a number of sources, competition is determined inadequate. Section 3 01 060 Authority of Procurement Officer The Procurement Officer is authorized to procure the professional services pursuant to this Chapter and to issue task orders thereto, with or without the furnishing of materials, at a cost not to exceed $10,000.00 without prior approval of the City Council. 4 Sections. Section 3.02.010 Section 3.02.020 Section 3.02.030 Section 3.02.040 Section 3.02.050 Section 3.02.060 Section 3.02.070 Section 3.02.080 Section 3.02.090 Section 1 02 010 CHAPTER 1 07 PI Wade WORKS CONTRACTS Purpose and Policy. Contracting Officer -Office Created. Contracting Officer -Duties. Definition of "Public Project". Competitive Bidding -When Required. Exemptions to Competitive Bidding. Competitive Bidding Procedures. Competitive Negotiation Procedures: Maintenance or Repair of Streets or Sewers. Exemptions to Competitive Negotiation Procedures: Maintenance or Repair of Streets or Sewers. Purpose and Policy In order to establish efficient procedures for the construction of public works at the lowest possible cost consistent with the highest standards of quality, a public works contracting system is hereby adopted. Section 3 02.020 Contracting Officer -Office Created There is created the position of Contracting Officer. The duties of this Officer shall be administered by the City Manager or suchperson as he or she may designate. Section 3 07 010 Contracting Officer -Duties The duties of the Contracting Officer shall be to contract for the construction of public works pursuant to such administrative regulations as the Contracting Officer may adopt, and such other rules and regulations as may be prescribed by the City Manager and approved by the City Council. Section 1 02 040 Definition of "Public Project" "Public project" is defined for bidding purposes as: A. The erection, improvement, painting or repair of public buildings and works; B. Street or sewer work, except maintenance or repair; and 5 C. Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. Section 3 02 050 Competitive Bidding -When Required Public works projects over $5,000.00 shall be implemented by competitive bidding. A project may not be split into smaller portions to avoid the competitive bidding requirement. Section 3 02 060 Fxemptinns to Competitive Bidding Public works contracts may be awarded without competitive bidding in the following circumstances: A. When the amount involved is $5,000.00 or less; B. The services sought are available only from a single source; C. An emergency exists, as determined the City Council by a four-fifths vote; or D. If the Contracting Officer determines, on the basis of reasonable evidence, that competitive bidding would be impossible and unnecessary, and that it is in the public interest to implement the project as a "design -build" project. Section 3 02 070 Competitive Bidding Procedures The Contracting Officer shall comply with the following procedures for the procurement of public works contracts: A. Notice Inviting Bids: The notice inviting bids shall set a date for the opening of bids. The timing, content and method of publishing the notice are set forth in the California Public Contract Code, at Sections 20160 et seq. and 4104.5, and Government Code, Section 53068. B. Additive and Deductive Bids: The Contracting Officer is authorized to include in the notice inviting bids provisions for items that can be added or deducted from the scope of work, as authorized by Public Contract Code, Section 20103.8. C. Bid Addenda: If the Contracting Officer issues a bid addendum that results in a "material change" to the notice inviting bids, the date and time for submitting the bids shall be extended by no less than 72 hours. D. Presentation of Bid and Security: All bids shall be sealed and accompanied by a security of at least 10% of the bid amount to guarantee the bid. The Contracting Officer shall not consider a bid from a bidder who fails to provide the required security. 6 E. Evaluation: The invitation for bids shall be written so that there is clear method to compare bids and determine which bid is the lowest monetary bid. F. Award: The contract shall be awarded to the lowest responsible bidder. The process for selecting the lowest responsible bidder includes a determination of (1) which bidder is the lowest "monetary bidder", (2) whether or not the lowest monetary bidder submitted a "responsible bid", and (3) whether or not the lowest monetary bidder is responsible. If the lowest monetary bidder is responsible and submits a responsive bid, the contract shall be awarded to the lowest monetary bidder even if another bidder is "more responsible". G. Contracting Officer's Authority to Award: The Contracting Officer is authorized to enter into public works contracts in an amount not to exceed $10,000.00 without the prior approval of the City Council. The Contracting Officer is authorized to enter into contract change orders without the prior approval of the City Council as follows: (1) For contracts of $50,000.00 or less, a change or cumulative change shall not exceed the total of $5,000.00; (2) For contracts of more than $50,000.00 but less than $250,000.00, a change or cumulative changes shall not exceed a total of 10% of the original contract amount; and (3) For contracts of $250,000.00 or more, a change order or cumulative change orders shall not exceed $25,000.00 plus 2% of the original contract in excess of $250,000.00. In no case shall an individual change or cumulative changes cause the total contract amount to exceed the budget amount approved by the City Council. Bid Protests: (1) Responsibility. If the Contracting Officer intends to reject a bid based on "non -responsibility", prior to award of the contract the Contracting Officer shall give notice to the bidder of any evidence reflecting upon his responsibility, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract. (2) Responsiveness. If the Contracting Officer determines that a bidder is non- responsive, the bidder is entitled to notice of that fact and is entitled to submit materials, in a manner defined by the Contracting Officer, concerning the issue of responsiveness. The Contracting Officer is not required to conduct a hearing and need not produce findings. I. Bid Rejection: The City Council, may, in its discretion, reject all bids without having to give a reason. If no bids are received the City Council may then dispense with competitive bidding. If all bids are rejected the City Council may, on four-fifths vote, find that the project can be performed 7 more economically by day labor or through open market purchases of materials and supplies, and dispense with further public bidding; provided, however, that the work shall be performed in accordance with the same plans and specifications. J. Mistakes: (1) Changing the Bid. Once a bid is open, the bidder may not thereafter change the bid. Clerical errors in listing subcontractors may be corrected if the procedures of Public Contract Code, Section 4107.5 are followed. (2) Consent to Withdraw. In the case of bid mistakes, the City Council may consent to a withdrawal of the bid if the bidder establishes that the requirements of California Public Contract Code, Section 5103 have been satisfied. (3) Prohibition to Further Ridding. A bidder who claims mistake or forfeits its bid security shall not be permitted to participate in further bidding on the same project. Section 1 02 ORO Competitive Negotiation Procedures. Maintenance or Repair of Streets or Sewers The Contracting Officer is authorized to contract, in an amount not to exceed $10,000.00, for work, labor and services (but not including supplies or materials) needed to maintain or repair streets or sewers, in accordance with the following procedures: A. Request for Proposal: A request for proposal shall be prepared that identifies all significant evaluation factors, including price or costs when required, and their relative importance. B. Solicitation of Proposal: Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition consistent with the nature and requirements of the procurement. The request for proposals should be publicized and reasonable requests by other sources to compete should be honored to the maximum extent practicable. C. Evaluation: The Contracting Officer shall develop mechanisms for the evaluation of the proposals received, and shall conduct discussions with the proposers regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required work, labor and services. D. Award: The Contracting Officer shall selected, in order of preference and based upon criteria developed under Paragraph C above, the responsible offeror whose proposal will be most advantageous to the City, price and other factors considered. Unsuccessful offerors should be notified promptly. For contracts of more than $10,000.00, the Contracting Officer shall obtain the prior approval of the City Council. 8 Section 3 02 090 Exemptions to Competitive Negptiiatinn Procedures. Maintenance or Repair of Streets or Sewers The Contracting Officer is authorized to engage the services of a firm or individual without complying with the Competitive Negotiation Procedures for maintenance or repair of streets or sewers in the following circumstances: A. The services are available only from a single source; or B. Public exigency or emergency will not permit a delay; or C. State or federal grant or loan requirements authorize noncompetitive procurement of such services; or D. After solicitation of a number of sources, competition is determined inadequate. Sections. Section 3.03.010 Section 3.03.020 Section 3.03.030 Section 3.03.040 Section 3.03.050 Section 3.03.060 Section 3.03.070 CHAPTER 1 03 DTSPOSAT. OF SIiRPTd1S PE.RSONAT. AND REM, PROPERTY Disposal of Personal Property Disposal of Real Property. Surplus Property and Low- and Moderate -Income Housing. Disposition of Property for Park, Enterprise Zone or School Purposes. Optional Procedure for Disposition of Real Property. Restrictions Applicable to Disposition of Real Property. Restrictions Applicable to the Disposal of Both Real and Personal Property. Section 3 03 010 Disposal of Personal Property The duties of the Purchasing Officer shall include the disposition of personal property in any lawful manner provided that the disposition is for the common benefit of the City's citizens. A formal declaration that the property is surplus shall not be required. Section 3 03 070 Disposal of Real Property The duties of the Purchasing Officer shall include the disposition of real property in any lawful manner provided that the sale is for the common benefit of the City's citizens. The City Planning Commission shall prepare a report that indicates that disposition of the property conforms with the General Plan. A formal declaration that the property is surplus shall not be required. 9 Section 3 03 030 Surplus Property and Low- and Moderate -Income Housing Prior to the disposition of surplus real property, the Purchasing Officer shall comply with the following procedure: A. Inventory: On or before December 31, of each year the Purchasing Officer shall prepare an inventory of property which is in excess of the City's foreseeable needs, and shall provide a copy of the inventory to any person who so requests, pursuant to Government Code, Section 50569. B. Notice to Housing Providers: Before disposing of surplus real property, the Purchasing Officer shall send a written offer of surplus property for low-income housing to any city or county in which the property is located for the purpose of developing low- or moderate -income housing, pursuant to California Government Code, Section 54222(a). The offer shall also be sent to any "housing sponsor", as defined by California Health and Safety Code, Section 50074, who requests it. C. Sale and Reverter: The Purchasing Officer may sell the property to any housing corporation, limited dividend corporation, or non-profit corporation for development for housing for persons of low- or moderate -income. The deed conveying title shall include a clause reverting the property to the City if the property is no longer owned by a majority of the non-profit or limited dividend sponsors, pursuant to California Government Code, Section 50570. Section 3 03 040 Disposition of Property for Park, Enterprise Zone or School Purposes Offers to sell or lease surplus property for park and recreation or open -space purposes shall be sent to the park or recreation department of any city or county in which the property is located, the regional park authority, or the California Resources Agency. Offers to sell for enterprise zone purposes shall be sent to non-profit Neighborhood Enterprise Association Corporations. Offers to sell for school purposes shall be sent to the public school districts within which the property is located. Failure to comply with these provisions shall not invalidate the transfer or conveyance of the real property. Section 3 03 050 Optional Procedure for Disposition of Real Property Pursuant to California Government Code, Sections 37420-37430, the Purchasing Officer is authorized to utilize the following optional procedure for the disposition of real property: A. Preparation of Resolution of Intent: The Purchasing Officer shall prepare a resolution of intention, which shall fix the time for a public hearing, provide for published notice, fix the time final action will be taken, and contain an accurate description of the property. B. Publication: The Purchasing Officer shall publish the resolution at least once in a daily newspaper and post it at least 10 days in three conspicuous places on the subject property. 10 C. Overriding Protests: A four-fifths vote of the City Council is needed to override any protests to the proposed disposition. Section 1 01 060 Restrictions Applicable to Disposition of Real Properly Property which is dedicated pursuant to the Subdivision Map Act shall be conveyed back to the original subdivider if not used for the purpose originally dedicated. Section 3 03 07Q Restrictions Applicable to the Disposal of Roth Real and Personal Properly A. Government Grant Funds: Property purchased with federal or state grant money shall be disposed of pursuant to the conditions of the grant. B. Redevelopment Agency Property: Shall be disposed of through a public bidding process or after a public hearing therefor. Property may be sold for less than fair market value to fulfill the purposes of a redevelopment plan. If the property was acquired with tax increment funds, the lease or sale of such property shall be approved by resolution of the City Council. C. Donations: The Contracting Officer is authorized to donate surplus property provided such donation satisfies a public purpose as may be reasonably determined by the purchasing officer. D. Conflicts of Interest: City officers and employees who participate in any part of the process to dispose of surplus property is prohibited from acquiring such property. 11