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HomeMy WebLinkAbout1995-11-14 - AGENDA REPORTS - PURCHASING POLICY (2)NEW BUSINESS DATE: SUBJECT: AGENDA REPORT November 14, 1995 City Manager Approva Item to be presented by: Steve Stark REVISION TO SANTA CLARITA MUNICIPAL CODE REGARDING PURCHASING POLICY, CHAPTERS 3.12 AND 3.14, ORDINANCE NO. 95-10 DEPARTMENT: Administrative Services The Santa Clarita Municipal Code was adopted in 1987. The code has been reviewed and updated periodically to incorporate improvements and changes required by legislation and/or motivated by more efficient practices.. Further, changes in the California Public Contract Code (CPCC) has necessitated changes to chapter 3.14 of the municipal code. Staff has therefore taken this opportunity to review the chapters dealing with procurement to determine if there were other areas that could be improved through revision. Further, staff met with the Santa Clarita Valley Chamber of Commerce to seek out their comments and suggestions on the proposed changes. In addition to minor typographical errors and the use of obsolete terms, this review identified four significant changes that will clarify and improve the application of the purchasing policy. The four changes include: 1) Raising the threshold for requiring Purchase Orders and competition from $500 to $1,000. This change will simplify the purchasing process for staff and provide staff with a more effective means with which to make small purchases. 2) Extending City Manager's approval threshold of $20,000 for professional services to material and equipment. The City Manager currently has expenditure authority to $20,000 for professional services but is limited to $10,000 for material, equipment and non- professional services. This change would standardize the expenditure authority at a level commensurate with the level of responsibility. The change in signature authority does not eliminate the requirement for formal bids over $10,000 for material, equipment and non- professional services. 3) Modify requirement to approve vendors in the vendor files. Vendor files will still be maintained and available for reference as identified in the Ordinance under 3.12.030. This change eliminates the risks associated with making subjective determinations of vendor qualifications. Additionally, this change results in potential savings by easing the requirement to send solicitations to every vendor on lengthy lists. There are a significant number of vendors in our files from all over the United States. Continuing this practice could result in increased solicitation costs without necessarily increasing competition. For example, on recent vehicle bids, although more than twenty packages were sent out, only one to three �cz.a�_Qd to end, SSjq:100CT951.7WB'jw6 Agenda Item: �� �, responses were received. Further, the trend in most government agencies has been away from expensive mailings and toward more efficient and broader mediums such as newspaper advertisements and electronic data exchange. This process narrows the distribution of packages to vendors who have read the notice of solicitation and are interested enough to request a bid package. In the case of electronic data exchange, the bid package is available to the vendor in an electronic medium whose transmission requires no action on the City's part. Resulting side benefits include cost savings in staff time and material. As more and more cities seek out enabling technology, the greatest returns have been derived from electronic data exchange. 4) Revising Public Project procurement section to refer to the CPCC instead of paraphrasing the code. This will eliminate the need to revise the municipal code every time there is a change to the CPCC. The proposed revisions are identified in attachment A. RECOMMENDATION City Council introduce, waive further reading, and pass to 2nd reading Ordinance No. 95-10, amending the Municipal Code at Title 3 to amend Chapters 3.12 and 3.14 relating to procurement. ATTACHMENTS Ordinance 95-10 S S:Jg: j DOCT951.1 WB:jwb ORDINANCE NO. 95-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE MUNICIPAL CODE AT TITLE 3 AMENDING CHAPTERS 3.12 AND 3.14 RELATING TO PROCUREMENT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the Santa Clarita Municipal Code is hereby amended at Title 3, Revenue and Finance, to amend Chapters 3.12 and 3.14 to read as follows: CHAPTER 3.12 PURCHASES 3.12.025 Purchasing Officer 3.12,030 Purchasing Agent 3.12.110 Bidding 3.12.120 Formal (Sealed) Bid Procedures 3.12.140 Published Notice for Formal Bids 3.12.150 Repealed 3.12.200 Award of Formal Bid Contracts 3.12.230 Open Market or Quote Procedures 3,12.240 Minimum Number of Quotes 3.12.250 Notice Inviting Quotes 3.12.260 Record of Quotes 3.12.270 Exceptions to Competitive Bidding Requirement 3.12.280 Regulations Regarding Selection of Professional Services 3.12.025. Purchasing Officer. There is created the position of Purchasing Officer, who shall be the City Manager. The Purchasing Officer (or designee) may authorize and execute all documents relating to procurement actions of $20,000 or less. 3.12.030. Purchasine Agent. There is created the position of Purchasing Agent, who shall report to the General Service Manager. The Purchasing Agent shall have the authority to: A. Purchase or contract for supplies and equipment required by any, using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the City Council or the City Manager; B. Negotiate and recommend execution of contracts for the purchase of supplies and equipment; C. Act to procure for the City the needed quality in supplies 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 and equipment for the City; F, Prepare and recommend 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 are reasonably necessary for the operation of this chapter and other rules and regulations; I. Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications; J. Recommend the transfer of surplus or unused supplies and equipment between departments as needed; K. Maintain a vendors list, vendors' catalog file and records needed for the efficient operation of the purchasing division. 3.12.110. Bidding. Purchases of supplies, equipment and services (other than professional) shall be by bid procedures pursuant to Sections 3.12.120 through 3.12.260. Bidding may be dispensed with only under conditions Stated in Section 3.12.270. 3.12.120. Formal (Sealed) Bid Procedures. Except as otherwise provided herein, purchases of supplies, equipment and services (other than professional) of an estimated value greater than Ten Thousand Dollars ($10,000.00) shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed. Formal bids as used in this context includes any solicitation following the procedures described below including, but not limited to, invitations to bid and requests for proposal. 3.12.140. Published Notice for Formal Bids. Notices inviting formal bids shall be published at least ten days prior to the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation in the City. 3.12.150. Revealed. 3.12.200. Award of Formal Bid Contracts. Except as otherwise provided herein, formal bid contracts exceeding $20,000) shall be awarded by the City Council to the lowest responsible bidder. Formal bid contracts of $20,000 or less may be awarded by the Purchasing Officer (or designee). The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the Purchasing Officer (or designee) at the time of award of contracts over $20,000. 3.12.230. Open Market or Quote Procedures. Purchases of supplies, equipment and services (other than professional) of an estimated value in the amount of Ten Thousand Dollars ($10,000.00) or less may be made by the Purchasing Agent in the open market pursuant to the procedure prescribed in Sections 3.12.240 through 3.12.260 and without observing the procedure prescribed in Sections 3.12.120 through 3.12.215; provided, however; all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than One Thousand Dollars ($1,000). Quotes as used in this context includes any solicitation following the procedures described below including, but not limited to, requests for quote to bid and requests for proposal (of $10,000 or less). 3.12.240. Minimum Number of Quotes. Open market purchases shall, wherever possible, be based on at least three quotes, and shall be awarded to the quoter offering the most advantageous quote to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors. 3.12.250. Notice Inviting Quotes. The purchasing agent shall solicit quotes by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices. 3.12.260. Record of Quotes. The Purchasing Agent shall keep a written record of all purchases of $1,000 or more, whether accomplished by formal bid (Sections 3.12.120 through 3.12.215), quote (Sections 3.12.230 & 3.12.270), or through no bid at all (Sections 3.12.230 & 3.12.270). All records so kept shall be available for public inspection and shall be subject to destruction in accordance with the City's retention schedule. 3.12.270. Exceptions to Competitive Bidding Requirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances: A. When the estimated amount involved is less than One Thousand Dollars ($1,000); B. When the commodity can be obtained from only one vendor; C. The City Manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to this Section shall be submitted to the City Council for ratification at the next regular Council meeting after the purchase is authorized; D. Any request to waive competition for a procurement not covered by the exceptions herein must be approved by the City Council; E. Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity; F. In the event the City Council finds that it is in the public interest and necessary to purchase supplies, equipment or services without compliance with the formal contract procedures set forth in this section, the City Council may waive such procedures by declaring so in a motion or resolution. 3.12.280. Regulations Regarding Selection of Professional Services. The City Council shall, by resolution, prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of professional or consulting services, the contracts for which may be awarded without observing the bidding procedures provided for in this chapter. Such procedures, rules and regulations shall have as one purpose the obtaining of professional services of the highest quality together with cost-effectiveness. CHAPTER 3.14 PUBLIC WORKS BID REQUIREMENTS 3.14.020 Bid Limitations 3.14.030 Informal Bidding 3.14.040 Maintenance of Contractors List 3.14.070 Repealed 3.14.020. Bid Limitations. Bid limitations will be as set forth in the Public Contract Code Sections applicable to local agencies. 3.14.030. Informal Biddine. Public works projects subject to informal bid procedures may be let to contract as follows: A. Minimum Number Of Bids. The award of bid shall be based on at least three (3) bids. B. Notices Invitine Bids. After the City Council has budgeted the project, the Purchasing Officer (or designee) may solicit bids by written request to contractors licensed and experienced for the type of public work to be performed, from the list of qualified contractors pursuant to section 3.14.040. The minimum criteria for development and maintenance of the contractors lists shall be determined by the California Uniform Construction Cost Accounting Commission (CUCCAC). Qualified contractors on the list for the category of work to be performed and all construction trade journals specified by the CUCCAC may be mailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to such qualified contractors and construction trade journals shall be completed as specified in the Public Contract Code Sections applicable to local agencies. C. Notice. The notice inviting informal bids shall be uniform and shall describe (1) the project in general terms, (2) how to obtain more detailed information concerning the project, and (3) state the time and place for the submission of bids. D. Award. The award of project shall be made to the lowest responsible bidder, and the Purchasing Officer is authorized to award and execute the construction contract provided the contractor has posted the required bonds and insurance. 3.14.040. Maintenance of Contractors List. Prior to November 31 of each year, the Purchasing Agent shall mail written notice to all construction trade journals designated by the CUCCAC, inviting all licensed contractors to submit information on R rms to be included on the list of qualified bidders, according to category, for the following calendar year. The notice shall require that the contractor provide the name and address to which a notice to contractors or proposal may be mailed, a telephone number at which the contractor may be reached, the type or category of work in which the contractor is experienced and currently licensed to perform, together with the number and type of contractor's license or licenses held. The Purchasing Agent shall assemble an updated contractors list to be effective January 1 of each year, which shall include all contractors who have properly provided the Purchasing Agent with the information described above. A contractor may be added to the list at any time during the year by providing the Purchasing Officer with the information described above. 3.14.070. Repealed. SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 1995. ATTEST: CITY CLERK PASSED AND APPROVED this day of MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF SANTA CLARITA ) I, Donna Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 95-10 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1995. That thereafter, said Ordinance was duly adopted and passed at regular meeting of City Council on the day of 1995 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK