HomeMy WebLinkAbout2010-07-13 - RESOLUTIONS - ADOPT PURCHASING PROCEDURES (2)RESOLUTION NO. RDA 10-7
A RESOLUTION OF THE CITY OF SANTA CLARITA
REDEVELOPMENT AGENCY ADOPTING PUBLIC CONTRACTING
AND PURCHASING PROCEDURES
WHEREAS, the Santa Clarita Redevelopment Agency is a public body, corporate and.
politic that exercises governmental functions and has the powers prescribed in Community
Redevelopment Law found at California Health & Safety Code §§33100 et seq.; and
WHEREAS, as part of its governmental functions the Agency can enter into contracts for
the performance of services and public works projects as well as for the purchase of supplies and
equipment; and
WHEREAS; in order to provide for the fair and orderly process for the selection of
contractors and the expenditure of funds for the purchases of supplies and equipment consistent
with state law, the Agency desires to adopt appropriate procedures.
NOW, THEREFORE, the Redevelopment Agency of the City of Santa Clarita does
hereby resolve as follows:
SECTION 1. The Agency Board finds that the above recitations are true and correct and
are incorporated as a material part of this Resolution.
SECTION 2. The Agency Board finds and determines the following:
A. That the purchasing procedures for the Agency shall be as provided for in Exhibit A
titled: Procedure 1. t2 Purchases.
B. That the public works bid procedure for the Agency shall be as provided for in
Exhibit A titled: Procedures 1.14 Public Works Bid Requirements. The Agency in
adopting Procedure 1.14 is implementing the Uniform Public Construction Cost
Accounting Act per California Public Contracts Code Section 22000 et seq.
SECTION 3. The Agency Secretary shall certify to the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this 13th day of July, 2010.
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sarah P. Gorman, Agency Secretary of the Redevelopment Agency of the City of Santa
Clarita, do hereby certify that the foregoing Resolution was duly adopted by the Redevelopment
Agency of the City of Santa Clarita at a regular meeting thereof, held on the 13th day of
July 2010, by the following vote:
AYES: AGENCY MEMBERS: Ender; Kellar, McLean, Ferry, Weste
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
AGENCY SECRETARY
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
REDEVELOPMENT AGENCY RESOLUTION
I, , Agency Secretary of the Redevelopment Agency of the
City of Santa Clarita, do hereby certify that this is a true and correct copy of the original
Resolution No. RDA 10-7, adopted by the Redevelopment Agency of the City of Santa Clarita,
California on July 13, 2010, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of . 2010.
Agency Secretary
By
Deputy Secretary
Exhibit A
1.12.010 Adoption of Purchasing System.
In order to establish efficient procedures for the purchase of supplies 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 purchasing, a purchasing system is adopted, The procedures established in Sections 1.12.050
through 1.12.270 do not apply for the purchase of supplies and equipment for public works
projects covered under Policy 1. 14.
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SCRDA PROCEDURE 1.12
PURCHASES
Sections:
1,12.010
Adoption of Purchasing System.
1,12,020
Intentionally Blank,
1,12.025
Purchasing Officer.
1.12,030
Purchasing Agent.
1.12.040
Purchasing Regulations.
1,12.050
Exemptions from Centralized Purchasing,
1.12.060
Estimates of Requirements.
1.12.070
Requisitions.
1.12.080
Intentionally Blank.
1.12,090
Encumbrance of Funds.
1.12.100
Inspection and Testing,
1.12,110
Bidding,
1.12,120
Formal (Sealed) Bid Procedures,
1.12.130
Notice Inviting Formal Bids.
1.12.140
Published Notice for Formal Bids.
1.12.150
Intentionally Blank.
1.12.160
Intentionally Blank.
1.12.170
Bidder's Security.
1.12.175
Other Formal Bond Requirements.
1.12.180
Formal Bid Opening Procedure.
1.12.190
Rejection of Formal Bids.
1.12.200
Award of Formal Bid Contracts,
1.12.205
Support of Santa Clarita Businesses.
1.12.210
Tie Formal Bids.,
1.12.215
No Formal Bids.
1,12.230
Open Market or Quote Procedure.
1.12.240
Minimum Number of Quotes.
1.12.250
Notice Inviting Quotes.
1.12.260
Record of Quotes.
1.12.270
Exceptions to Competitive Bidding Requirement.
1.12.280
Regulations Regarding Selection of Professional Services,
1,12.300
Surplus Supplies and Equipment.
1,12.310
Surplus Supplies—Trade-ins.
1.12.320
Surplus Supplies—Sale.
1.12.330
Surplus Supplies—Donations.
1.12.010 Adoption of Purchasing System.
In order to establish efficient procedures for the purchase of supplies 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 purchasing, a purchasing system is adopted, The procedures established in Sections 1.12.050
through 1.12.270 do not apply for the purchase of supplies and equipment for public works
projects covered under Policy 1. 14.
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1.12.020 Intentionally Blank.
1.12.025 Purchasing Officer.
There is created the position of Purchasing Officer, who shall be the Executive Director. The
Purchasing Officer (or designee) may authorize and execute all documents relating to
procurement actions of fifty thousand dollars ($50,000) or less.
1.12.030 Purchasing Agent.
There is created the position of Purchasing Agent, who shall report to the Director of
Administrative Services and/or his/her designee. 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 Policy, such administrative regulations
as the Purchasing Agent shall adopt for the internal management and operation of the purchasing
function, and such other rules and regulations as shall be prescribed by the Agency Board or the
Executive Director.
B. Negotiate and recommend execution of contracts for the purchase of supplies, services
and equipment.
C. Act to procure for the Agency the needed quality in supplies, services, and equipment.
D. Discourage uniform bidding, and endeavor to obtain as full and open competition as
possible on all purchases.
E.. Through the Director of Administrative Services and the Executive Director, prepare `and
recommend to the Agency Board rules governing the purchase of supplies, services, and
equipment for the Agency.
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
Policy and other rules and regulations.
I. Maintain a vendors list, vendors catalog file, and records needed for the efficient operation
of the purchasing division.
1.12.040 Purchasing Regulations.
The Purchasing Agent shall be responsible for determining that the regulations and procedures
in Sections 1. 12.050 through 1. 12.330 are carried out.
1.12.050 Exemptions from Centralized Purchasing.
The Executive Director may authorize, in writing, any department to purchase specified
supplies, services and equipment independently of the Purchasing Division; but he shall require
that such purchases shall be made in conformity with the procedures established by this Policy
and shall further require periodic reports from the department on the purchases made under such
written authorization.
1.12.060 Estimates of Requirements.
All using departments shall file detailed estimates of their requirements in supplies and
equipment in such manner, at such time, and for such future periods as the Purchasing Agent
shall prescribe.
1.12.070 Requisitions.
Using departments shall submit requests for supplies, services, and equipment to the
Purchasing Agent by standard requisition form, or by other means as may be established by the
purchasing rules and regulations. Except as provided herein, no requisition form shall be
processed unless the prior approval of the Purchasing Agent or designee has been obtained.
1.12.080 Intentionally Blank.
1.12.090 Encumbrance of Funds.
Except in cases of emergency, the Purchasing Agent shall not issue any purchase order for
supplies or equipment unless there exists an unencumbered appropriation in the fund account
against which said purchase is to be charged.
1.12.100 Inspection and Testing.
The Purchasing Agent shall, in his discretion, inspect supplies, services, and equipment
delivered to determine their conformance with the specifications set forth in the order. The
Purchasing Agent shall have authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine their quality and
conformance with specifications.
1.12.110 Bidding.
Purchases of supplies, equipment and services (other than professional) shall be by bid
procedures pursuant to Sections 1. 12.120 through 1.12.260. Bidding may be dispensed with only
under certain conditions stated in Section 1.12.270.
1.12.120 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 responsive, responsible bidder, or most qualified bidder if the multiple
criteria award process is followed, pursuant to the formal bid procedures described in Sections
1. 12.200 and 1. 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.
1.12.130 Notice Inviting Formal Bids.
Notices inviting formal bids shall include a general description of the article or service
desired, shall state where bid documents and specifications may be secured, and the time and
place for opening bids.
1.12.140 Published Notice for Formal Bids.
Notices inviting formal bids shall be published at least ten (10) days prior to the date of
opening of the bids. Notices shall be published at least twice in a newspaper of general
circulation in the Agency and/or published on the City of Santa Clarita's website.
1.12.150 Intentionally Blank.
1.12.160 Intentionally Blank.
1.12.170 Bidder's Security.
Where deemed necessary by the Purchasing Agent, formal bids shall be accompanied by
security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten
percent (10%) of the total aggregate of the bid, and shall be designated in the notice inviting
bids. Bidders shall be entitled to return of bid security; provided, however, that a successful
bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten
(10) days after the notice of award of contract has been mailed, unless the Agency is solely
responsible for the delay in executing the contract. The Agency Board, or Purchasing Officer (or
designee) for bids of fifty thousand dollars ($50,000) or less, may, on refusal or failure of the
successful bidder to execute the contract, award it to the next lowest responsible bidder who is
willing to execute the contract, or may reject all bids and readvertise.
1.12.175 Other Formal Bond Requirements.
The Agency Board shall have authority to require a faithful performance bond or other bonds .
before entering into a contract pursuant to this Policy. If bonds are required, the form and amount
thereof shall be designated in the notice inviting bids.
1.12.180 Formal Bid Opening Procedure.
Sealed bids shall be identified as "bids" on the envelope. The Purchasing Agent, or designee,
shall publicly open all bids at the time and place stated in the public notices. Electronic bids may
be conducted in accordance with procedures established by the Purchasing Agent. Such
procedures shall require, at a minimum, that electronic bids will be received only into an
electronic time -locked box that may only be accessed by the Purchasing Agent, or designee, on
the date and time specified in the bid. A tabulation of all bids received shall be available for
public inspection in the purchasing office during regular business hours for a period of not less
than thirty (30) calendar days after the bid opening.
1.12.190 Rejection of Formal Bids.
In its discretion, the Agency Board or Purchasing Officer (or designee), for bids of fifty
thousand dollars ($50,000) or less, may reject any and all bids presented and may cause
readvertising for bids pursuant to the procedure hereinabove prescribed. However, when
incomplete bids are received, a defect in the solicitation of bidding process is identified after the
bid opening, all bids exceed the authorized budgeted amount, or if the products or services are no
longer required, the Purchasing Officer (or designee) may authorize rejection of all bids and, if
appropriate, authorize rebidding based upon the original specifications or as they may be
modified, in accordance with procedures prescribed herein.
1.12.200 Award of Formal Bid Contracts.
Except as otherwise provided herein, formal bid contracts exceeding fifty thousand dollars
($50,000) shall be awarded by the Agency Board to the lowest responsive, responsible bidder or
most qualified bidder if the multiple criteria award process is followed. Formal bid contracts of
fifty thousand dollars ($50,000) or less may be awarded by the Purchasing Officer (or designee)
subject to the application of Section 1.12.205. The determination of "lowest responsive,
responsible bidder" shall be at the discretion of the Agency Board 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). 0
1.12.205 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 1.1.2.120, 1.12.200 and 1. 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 ten percent (10%) 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 (1) 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 Agency's specifications, terms, and conditions and the application
of this section is appropriate.
B. If the lowest Santa Clarita bidder within ten percent (10%) 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 ten percent (10%) 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 (1) 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,
nonprofessional services, and equipment required for the conduct of Agency 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.
1.12.210 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 Agency Board, or Purchasing Officer (or designee) for bids of fifty thousand dollars
($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.
1.12.215 No Formal Bids.
When no formal bids or no responsive bids are received, the Purchasing Officer or designee is
authorized to negotiate for written proposal, and his recommendation shall be presented to the
Agency Board and award, if any, shall be made in accordance with applicable provisions
prescribed herein.
1.12.230 Open Market or Quote 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 1. 12.240 through
1. 12.260 and without observing the procedure prescribed in Sections 1. 12.120 through 1.12.215;
provided, however, all quoting 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 and requests for proposal of twenty thousand dollars ($20,000) or
less.
1.12.240 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 Agency after
consideration of price, quality, durability, servicing, delivery time, standardization, and other
factors subject to the application of Section 1.12.205.
1.12.250 Notice Inviting Quotes.
The Purchasing Agent shall solicit quotes by written and/or electronic requests to prospective
vendors, or by telephone, or by public notice posted on a public bulletin board at the Agency
offices.
1.12.260 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 1. 12.120 through 1.12.215),
quote (Sections 1. 12.230 and 1.12.270), or through no bid at all (Sections 1. 12.230 and
1.12.270). All records so kept shall be available for public inspection and shall be subject to
destruction in accordance with the City's retention schedule.
1.12.270 Exceptions to Competitive Bidding Requirement.
Notwithstanding any provision of this Policy 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 (1) vendor.
C. The Executive Director 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 Agency Board, for
ratification at the next regular Board meeting after the purchase is authorized.
D. The formal bid process is waived for the purchase of information technology goods or
services which may be acquired through the quote procedures described in Sections 1. 12.230
through 1.12.260.
E. Any agreement involving acquisition of supplies, equipment, or service entered into with
another governmental entity.
F. Any request to waive competition for a procurement not covered by the exceptions herein
must be approved by the Agency Board. In the event the Agency Board 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 Agency Board may waive such
procedures by declaring so in a motion or resolution.
1.12.280 Regulations Regarding Selection of Professional Services.
The Agency Board 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 Policy. Such procedures, rules and regulations shall have as one
(1) purpose the obtaining of professional services of the highest quality together with cost-
effectiveness.
1.12.300 Surplus Supplies and Equipment.
All using departments shall submit to the Purchasing Agent, at such times and in such forms
as he shall prescribe, reports showing all supplies and equipment which are no longer used or
which have become obsolete and worn out.
1.12.310 Surplus Supplies—Trade-ins.
The Purchasing Agent shall have authority to exchange for, or trade in on, new supplies and
equipment, all supplies and equipment unsuitable for Agency use.
1.12.320 Surplus Supplies—Sale.
The Purchasing Officer or designee shall also have authority to dispose of surplus supplies or
equipment by auction or by sale or otherwise after receiving bids or proposals which, in his
judgment, provide the maximum return to the Agency.
1.12.330 Surplus Supplies—Donations.
The Purchasing Officer or designee shall have authority to dispose of surplus supplies or
equipment by donation to local schools or nonprofit organizations when the estimated market
value of such surplus is less than one thousand dollars ($1,000).
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SCRDA PROCEDURE 1.14
PUBLIC WORKS BID REQUIREMENTS
Sections:
1.14.010 Purpose.
1.14.020 Bid Limitations.
1.14.030 Informal Bidding,
1.14.040 Maintenance of Contractors List.
1.14.050 Public Projects Included.
1.14.060 Rejection of Bids.
1.14.010 Purpose.
This Policy is enacted for the purpose of implementing the Uniform Public Construction Cost
Accounting Act (Public Contract Code Section 22000 et seq.) and to provide for bidding
procedures in undertaking public works projects.
1.14.020 Bid Limitations.
Bid limitations will be as set forth in the Public Contract Code sections applicable to local
agencies.
1.14.030 Informal Bidding.
Public works projects subject to informal bid procedures may be let to contract as follows:
A. Purchasing shall maintain a list of qualified contractors, identified according to categories
of work, Minimum criteria for development and maintenance of the contractors list shall be
determined by the commission.
B. All contractors on the list for the category of work being bid or all construction trade
journals specified in Section 22036, or both all contractors on the list for the category of work
being bid and all construction trade journals specified in Section 22036, shall be mailed a notice
inviting informal bids unless the product or service is proprietary.
C. All mailing of notices to contractors and construction trade journals pursuant to
subsection (B) of this section shall be completed not less than ten (10) calendar days before bids
are due.
D. The notice inviting informal bids shall describe the project in general terms and how to
obtain more detailed information about the project, and state the time and place for the
submission of bids.
E. The award of project shall be made to the lowest responsible bidder, and the Purchasing
Officer (or designee) is authorized to award and execute the construction contract provided the
contractor has posted the required bonds and insurance.
F. If all bids received are in excess of one hundred twenty-five thousand dollars ($125,000),
the Agency Board may, by adoption of a resolution by a four-fifths vote, award the contract, at
one hundred thirty-seven thousand five hundred dollars ($137,500) or less, to the lowest
responsible bidder, if it determines the cost estimate of the public agency was reasonable.
1.14.040 Maintenance of Contractors List.
Prior to November 30th 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 firms 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 contract 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 1st of each year, which shall include all contractors who submitted one or more valid
bids to the Agency during the preceding calendar year and 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.
1.14.050 Public Projects Included.
Public projects will be performed pursuant to the Uniform Public Construction Cost
Accounting Act and this Policy. Public projects include the following:
A. Construction, reconstruction, erection, alteration, renovation, improvement, demolition,
and repair work involving any publicly owned, leased, or operated facility.
B. Painting or repainting of any publicly owned, leased, or operated facility.
C. In the case of a publicly owned utility system, "public project" shall include only the
construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical
transmission lines of two hundred thirty thousand (230,000) volts and higher.
A "facility" means any plant, building, structure, ground facility, utility system, subject to the
limitation found in subsection (C) of this section, real property, streets and highways, or other
public work improvement.
1.14.060 Rejection of Bids.
The Agency reserves the right to reject any and all bids presented. Should the Agency exercise
this right, the procedures outlined in Public Contract Code 22038 will be observed,
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