Ordinance No. 964 - Amending the Municipal Code Concerning the Purchasing System ORDINANCE NO. 964
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING SECTIONS 3.24.040, 050, 070,
080 AND 090 OF CHAPTER 3.24 TO THE ROSEMEAD MUNICIPAL
CODE CONCERING THE PURCHASING SYSTEM
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. Sections 3.24.040, 050, 070, 080 and 090 of Chapter 3.24 are hereby
amended as follows:
3.24.040 Purchasing policies and procedures.
A. The City shall secure supplies, services and equipment at the lowest total cost
commensurate with the quality and scope needed, and subject to any limitations imposed
by state law. Notwithstanding the foregoing, the City shall secure professional services
based upon demonstrated competence, professional qualifications and suitability for the
project in genera]. The City may consider cost. Of professional services if the authorized
contracting party determines it to be a relevant factor under the circumstances.
In order to promote the economic health and development of the City, to recognize the
amount of sales tax that is returned to the City as a result of the award of a purchase
contract for supplies and equipment to a Rosemead vendor, to encourage local participation
in the procurement process, and to exercise the prudent use of public funds, the City
Council may, by minute action, award a bid to a Rosemead vendor provided the local bid
does not exceed the lowest bid by more than five percent (5%) or Ten Thousand Dollars
($10,000), whichever is less.
For purposes of this Section, "Rosemead vendor" shall mean a local business enterprise
whose business address at the point of sale is located within the geographical boundaries
of the City and who maintains a valid license or permit to do business in the City.
B. The purchasing officer shall develop, for approval by the city manager, such policies and
procedures as are necessary to implement the provisions of this chapter. The policies and
procedures shall be written and implemented in such a way to encourage open and
competitive bidding, provide equal opportunity based on merit, make each selection
process free of invidious discrimination, provide for efficient and timely acquisition of
needed supplies, services and equipment, and provide effective fiscal controls.
C. In purchasing, supplies, services and equipment, the City shall make use of competitive
bidding, either direct, formal or informal, whenever required by law, this chapter, or any
policies and procedures approved by the city manager consistent with this chapter.
D. Direct, formal or informal competitive bidding is not required, for instance, when an
"emergency" is declared pursuant to Sections 3.15.090(A) of this chapter. With respect to
emergencies involving public projects of - $30,000 or more, however, this waiver of
competitive bidding shall last only so long as the emergency exists in the determination
of the City Council.
3.24.050 Bidding, purchasing and contracting.
A. $5,000 or less: Any purchase of $5,000 or less may he awarded by the director of the
department responsible for the project by any direct competitive purchasing procedure as
defined herein.
B. $5,001 to - $30,000: Any purchase of more than five thousand dollars ($5,000) and not greater
than-- thirty thousand dollars ($30,000) may be awarded by the city manager by any informal
competitive purchasing procedure as defined herein.
C. $30,001 or more: Any purchase of more than-thirty thousand dollars ($30,000) shall, except
as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to
the formal competitive purchasing procedure set forth in Section 3.24.080.
D. City Engineer Approval: The city engineer shall review and approve the working details,
drawings, plans. and specifications prepared for public projects and maintenance work where
applicable in the areas of streets, sewer, storm drains,and traffic signals, but not necessarily
for parks, buildings, and landscaping, which may affect the engineering design or operation
of public improvements and which may bring into question the City's liability for
dangerous conditions of public property.
E. Purchasing Officer Approval: The purchasing officer, or his or her designee, shall review
and approve all contracts for public projects of five thousand dollars ($5,000) or more.
F. Five- Year Term Limitation. No agreement or contract shall extend for a period of more
than five (5) years, including any authorized extensions.
3.24.070 Rosemead informal competitive purchasing procedure.
A. Uses of Rosemead Informal Competitive Purchasing Procedure: This informal purchasing
procedure shall be used for purchases between $5,001 and - $30,000.
B. Contractor/Vendor List: The department shall maintain a list of qualified contractors.
C. Distribution of Notice Inviting Informal Bids: At least three (3) vendors or contractors shall
be asked to submit informal bids, and the City shall endeavor to receive informal bids from
at least three (3) vendors or contractors. Notices inviting informal bids shall be mailed to the
list of qualified contractors and/or trade journals not less than ten (10) days before bids
are due.
D. Contents of Notice Inviting Informal Bids: When soliciting informal bids, staff shall: (1)
describe to the vendor in general terms the project, service or item; (2) advise vendors
how to obtain additional information about the project; (3) state the date, time and place for
the submission of bids; and (4) include any other information required by state or local law,
as determined by the City Attorney.
F. Proprietary Projects or Products: If the director of the using department certifies that, to
the best of his or her knowledge, the product or service is proprietary in nature and can be
obtained only from a limited number of contractors, and that no equivalent products or
services are available, the notice inviting informal bids may be sent exclusively to such
vendor(s) or contractor(s).
F. Contents of Remaining Bid and Contract Documents: The contents and form of the
remaining bid and contract documents shall be approved by the director of the using
department, as well as the City Attorney.
G. City's Authority: The City may reject any or all bids received, and may waive any minor
irregularities in each bid received.
H. Proposal Submittal. Contractors shall submit their proposals in writing.
I. No Bids Received: If no bids are received, the authorized contracting party may award the
contract by any alternative purchasing procedure.
3.24.080 Formal competitive purchasing procedure.
A. Uses of Formal Competitive Purchasing Procedure: This formal purchasing procedure shall
be used for purchases greater than - $30,000 or whenever formal competitive purchasing is
otherwise required by this chapter.
B. Required Process: The formal competitive purchasing procedure shall comply with all
aspects of state and local law governing formal competitive bidding, including, but not
limited to, the Public Contract Code, Government Code, Labor Code, resolutions of the
City Council as may be adopted from time to time, and policies and procedures as the city
manager may approve from time to time.
C. Distribution of Notice Inviting Formal Bids: The notice inviting formal bids shall comply
with Section 22037 of the Act, as such section may be amended from time to time. For
public projects only, the notice inviting formal bids shall also be sent to all construction
trade journals specified in Section 22036 of the Act at least thirty (30) calendar days before
the date of hid opening. Any other notice as may be deemed proper may also be given
for any particular project.
D. Contents of Notice Inviting Formal Bids: At a minimum, the notice inviting formal bids
shall: (1) describe the project in general terms; (2) state how to obtain more detailed
information about the project; (3) state the date, time and place for the submission of
sealed bids; and (4) include any other information required by state or local law, as
determined by the City Attorney.
E. Contents of Remaining Bid and Contract Documents: The contents and form of the
remaining bid and contract documents shall be approved by the director of the using
department, as well as the City Attorney.
F. City's Authority: The City may reject any or all bids received, and may waive any minor
irregularities in each bid received.
G. Proposal Submittal: Contractors shall submit their proposals in writing.
H. No Bids Received: If no bids are received, the authorized contracting party may award the
contract by any alternative purchasing procedure.
3.24.090 Using alternative purchasing procedures.
For non-Public Projects and other situations provided in this section an alternative purchasing
procedure which results in a negotiated contract, force account, purchase order or any other
procedure determined by the authorized contracting party to be in the best interests of the
City and in compliance with the City's policies and procedures may be used.
A. Emergencies: In situations determined by the city manager to constitute an emergency for
a public project pursuant to Section 22035 of the Act and Public Contract Code Section
22050. The City Council hereby delegates to the city manager the power to declare a
public emergency and take any directly related and immediate action required by the
emergency, up to a total of one hundred thousand dollars ($100,000), pursuant to Section
22035 of the Act and Public Contract Code Section 22050. Emergency expenditures of
more than one hundred thousand dollars ($100,000) shall first be approved by the City
Council. Work shall be performed without the benefit of competitive purchasing, either
formal or informal, only so long as necessary under those sections.
For projects of more than — thirty thousand dollars ($30,000) a report on the emergency
and work performed shall be provided at the next regular meeting of the City Council, and
then at every meeting thereafter required by Section 22050. At such meetings, the City
Council shall determine, by a four-fifths (4/5) vote, that there is a need to continue the
action without the benefit of informal or formal competitive purchasing in accordance with
Section 22035 of the Act and Public Contract Code Section 22050. The City Council shall
terminate the emergency action at the earliest possible date that conditions warrant, so that
the remainder of the emergency action may be completed pursuant to a formal competitive
purchasing procedure.
For projects of- thirty thousand dollars ($30.000) or less, the city manager shall determine,
on his or her own as the action continues, whether there is a need to continue the action
without the benefit of public project informal competitive purchasing. The city manager
shall terminate the emergency action at the earliest possible date that conditions warrant, so
that the remainder of the emergency action may be completed pursuant to an informal
competitive purchasing procedure.
B. Professional Services:When purchasing professional services.
C. Computers: When purchasing computer software, hardware maintenance services or
software maintenance services.
D. Competitive Bidding Already Completed: When the authorized contracting party determines
that a competitive bid procedure has been conducted by another public agency (e.g. through
CMAS or GSA) and the price to the City is equal to or better than the price to that
public agency.
E. State Purchase: When the purchase is made on behalf of the City by the State
Department of General Services.
F. No Bids Received: When no bids are received pursuant to either the public project
informal competitive purchasing procedure or the formal competitive purchasing procedure.
G. No Competitive Market: When the authorized contracting party determines that a
competitive market does not exist, such as, but not limited to, with memberships in certain
professional organizations, meetings, conventions, some forms of travel, legal advertising
and when the needed supplies, services and equipment are proprietary and can only be
provided by one source.
H. Best Interests of the City: When the City Council, on recommendation of the city manager,
determines that an alternative procedure will be in the best interests of the City and the
policies set forth in this chapter.
SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of
this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision will not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed this ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 3. Publication. The City Clerk is directed to certify this ordinance and cause
it to be published in the manner required by law.
SECTION 4. Effective Date. This ordinance will be effective 30 days after adoption.
PASSED, APPROVED AND ORDAINED this 13th day of September, 2016.
T
Sandra Armenta, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Marc Donohue,,ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 964, was introduced at a regular meeting of the City
Council of the City of Rosemead held on the 23rd day of August, 2016 and was adopted by the
City Council of the City of Rosemead at a regular meeting held the 13°' day of September. 2016,
by the following vote:
AYES: ALARCON, ARMENTA, CLARK, LY
NOES: NONE
ABSENT: LOW
ABSTAIN: NONE /�
Marc bonohue. lerk