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Section 7• Chapter 3.04, entitled "Purchasing", is hereby rescinded in its entirety.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)
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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