HomeMy WebLinkAbout2004-08-24 - ORDINANCES - MUNICODE AMEND CHAPTER 3.12 (2)ORDINANCE NO. 04-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 3.12 OF
TITLE 3 OF THE MUNICIPAL CODE RELATING TO PURCHASING
WHEREAS, the City of Santa Clarita endeavors to purchase the highest quality supplies
and goods, at the most reasonable and economical cost; and,
WHEREAS, the City of Santa Clarita desires to promote business within the City and to
encourage businesses to locate and remain within the City; and,
WHEREAS, the City Council of the City of Santa Clarita, after review and upon study
and recommendation of staff, finds and determines that modifications are necessary in the
purchasing system to be reflected in an amended Chapter 3.12 of the Santa Clarita Municipal
Code to provide the City of Santa Clarita with a method of purchasing the highest quality
supplies and goods, at the most reasonable and economical cost, while simultaneously promoting
business within the City and encouraging businesses to locate and remain within the City.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the Municipal Code is hereby amended at Section 3.12.120, relating
to formal bid procedures, to read as follows:
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 twenty thousand dollars ($20,000) shall be awarded to the lowest responsible bidder,
or the highest scoring bidder of the multiple criteria award process, pursuant to the formal bid
procedures described in Sections 3.12.200 and 3.12.205 hereinafter prescribed. Formal bids as
used in this context includes any solicitation following the procedures prescribed below
including, but not limited to, invitations to bid and requests for proposal.
SECTION 2. That the Municipal Code is hereby amended at Section 3.12.200, relating
to award of formal bids, to read as follows:
3.12.200 Award of Formal Bid Contracts. Except as otherwise provided herein, formal
bid contracts exceeding fifty thousand dollars ($50,000) shall be awarded by the City Council to
the lowest responsible bidder or the highest scoring bidder of the multiple criteria award process
subject to the application of Section 3.12.205. Formal bid contracts of fifty thousand ($50,000)
or less may be awarded by the Purchasing Officer (or designee) subject to the application of
Section 3.12.205. 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 fifty thousand dollars ($50,000.00).
Ordinance No. 04-12
Page 2
SECTION 3. That the Municipal Code is hereby amended to introduce Section
3.12.205, relating to support of local businesses, to read as follows:
3.12.205 Support of Santa Clarita Businesses.
A. Should the bidder that submits the lowest responsive bid or quote and would
otherwise normally qualify to receive the bid pursuant to Sections 3.12.120, 3.12.200 and
3.12.230 of the City of Santa Clarita Municipal Code not be a Santa Clarita business as defined
herein, the lowest bid or quote submitted by a Santa Clarita business that is within five percent
(5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be
deemed to be the lowest bidder if the bidder agrees to reduce its bid to match the bid or quote of
the lowest bidder in writing within one business day, and providing that the Purchasing Officer,
or designee, determines that said Santa Clarita bidder is a responsible bidder submitting a bid or
quote that is responsive to the City's specifications, terms and conditions and the application of
this Section is appropriate.
B. If the lowest Santa Clarita bidder within five percent (5%) of the lowest bid or
quote does not elect to reduce its bid or quote to match the bid or quote of the lowest bidder, then
the next lowest Santa Clarita bidder shall be given the opportunity to match the bid or quote of
the lowest bidder as set forth above, providing that this bidder is also within 5% of the lowest bid
or quote that has been deemed responsive.
C. To qualify as a Santa Clarita bidder, the bidder must have a physical presence
within the Santa Clarita city limits by maintaining a permanent office, factory or other facility
carried on the business' records with at least one employee of the company operating out of said
facility. The Purchasing Officer, or designee, is hereby granted the authority to finally determine
if the bidder qualifies as a Santa Clarita bidder as set forth herein. The Purchasing Officer, or
designee, may take into account the permanency of the business in Santa Clarita, and whether the
business appears to be claiming to be a Santa Clarita business solely or primarily to qualify for
the contract award, and any other material factors.
D. This support of local business policy shall only apply to supplies, material and
equipment required for the conduct of City business, except where prohibited by State or Federal
law, and it shall only apply to purchases and contracts greater than two thousand dollars
($2,000).
E. No contract awarded to a Santa Clarita business under this Section shall be assigned
or subcontracted in any manner that permits more than fifty percent (50%) or more of the dollar
value of the contract to be performed by an entity that is not a Santa Clarita business as defined
herein.
F. Solicitations for bids or quotes must include notice of this Section.
SECTION 4. That the Municipal Code is hereby amended at Section 3.12.210, relating
to tie formal bids, to read as follows:
Ordinance No. 04-12
Page 3
-- 3.12.210 Tie Formal Bids. If two (2) or more formal 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, or Purchasing Officer (or designee) for bids of
$50,000 or less, may in its discretion accept the one it chooses or accept the lowest bid made by
and after negotiation with the tie bidders at the time of the bid opening or award of contract.
SECTION 5. That the Municipal Code is hereby amended at Section 3.12.230, relating
to the open market or informal bid procedure, to read as follows:
3.12.230 Oven Market or Informal Bid Procedure. Purchases of supplies, equipment and
services (other than professional) of an estimated value in the amount of twenty thousand dollars
($20,000) 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 two thousand dollars ($2,000). Quotes as used in this context include any solicitation
following the procedures described below including, but not limited to, requests for quote to bid
and requests for proposal (of twenty thousand dollars ($20,000) or less).
SECTION 6. That the Municipal Code is hereby amended at Section 3.12.240, relating
to the minimum number of quotes, to read as follows:
3.12.240 Minimum Number of Quotes. Open market purchases shall, wherever possible,
be based on at least three (3) 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 subject to the application of Section 3.12.205.
SECTION 7. That the Municipal Code is hereby amended at Section 3.12.260, relating
to record of quotes, to read as follows:
3.12.260 Record of Quotes. The Purchasing Agent shall keep a written record of all
purchases of two thousand dollars ($2,000) or more, whether accomplished by formal bid
(Sections 3.12.120 through 3.12.215), quote (Sections 3.12.230 and 3.12.270), or through no bid
at all (Sections 3.12.230 and 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.
SECTION 8. That the Municipal Code is hereby amended at Section 3.12.270, relating
to exceptions to competitive bidding requirement, to read as follows:
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 two thousand dollars ($2,000);
B. When the commodity can be obtained from only one vendor;
Ordinance No. 04-12
Page 4
C. The City Manager and/or his/her designee 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 necessity 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.
SECTION 9. This ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 10. That the City Clerk shall certify to the passage of this Ordinance and
shall cause it to be published as required by law.
PASSED, APPROVED AND ADOPTED this 24`h day of August, 2004.
ATTEST:
CITY CLERK
Ordinance No. 04-12
Page 5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARTTA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 04-12 was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 13`h day of July, 2004. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 24th day
of August, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: McLean, Weste, Ferry, Smyth, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARTTA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 04-12, adopted by the City Council of the City of
Santa Clarita, CA on August 24, 2004, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk