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CC - Item 5C - Second Reading of Ordinance No. 988 - Amending Chapter 3.24 - Purchasing System - Adding Chapter 3.28 - Public Works Bidding Procedure - and Adopting other Conforming Amendments to the Municipal Code E MF ill AW".--- --"' C) ROSEMEAD CITY COUNCIL C PRD IE * *CIVI7...-.�;� STAFF REPORT /4'CCRPpRATy9 TO: THE HONORABLE MAYOR LY AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER J, DATE: JUNE 25, 2019 SUBJECT: ORDINANCE NO. 988 - SECOND READING AND ADOPTION: AMENDING CHAPTER 3.24 (PURCHASING SYSTEM), ADDING CHAPTER 3.28 (PUBLIC WORKS BIDDING PROCEDURE), AND ADOPTING OTHER CONFORMING AMENDMENTS, TO THE ROSEMEAD MUNICIPAL CODE SUMMARY On June 11, 2019, the City Council introduced for first reading, by title only, Ordinance No. 988, amending sections of the Rosemead Municipal Code and restating Chapter 3.24 (Purchasing System), adding Chapter 3.28 (Public Works Bidding Procedure), and adopting other conforming amendments. STAFF RECOMMENDATION It is recommended that the City Council approve the second reading and adoption of Ordinance No. 988 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING AND RESTATING ROSEMEAD MUNICIPAL CHAPTER 3.24 (PURCHASING SYSTEM), AND ADDING CHAPTER 3.28 (PUBLIC PROJECT BIDDING PROCEDURES) FISCAL IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitt d by: Ericka Hernandez, City Clerk Attachment A: Ordinance No. 988 with Exhibits A and B AGENDA ITEM NO. 5.0 E M O '9 CIVIC PRIDE '4CORPORATED Attachment A Ordinance No. 988 ORDINANCE NO. 988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA,AMENDING AND RESTATING ROSEMEAD MUNICIPAL CHAPTER 3.24 (PURCHASING SYSTEM),AND ADDING CHAPTER 3.28 (PUBLIC PROJECT BIDDING PROCEDURES) The City Council of the City of Rosemead ordains as follows: SECTION 1. Findings. The City Council of the City of Rosemead finds as follows: A. The City's purchasing regulations are currently codified in Chapter 3.24 of the Rosemead Municipal Code ("RMC"). B. The City wishes to clarify its purchasing procedures by separating the procedures applicable to public projects, which are governed by the procedures outlined in the Uniform Construction Costs Accounting Act, as a new Chapter 3.28, and amending and restating its procedures for purchasing supplies, equipment, or services in Chapter 3.24. C. The City Council held a duly noticed public meeting on June 11, 2019, at which time all persons interested in the proposed ordinance had the opportunity to address the City Council. SECTION 2. Environmental Findings. The City Council exercises its independent judgment and finds that this Ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to the following sections of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.This ordinance outlines a mechanism for purchasing and its approval will not involve any commitment to any specific project. As such,there is no possibility that this ordinance may have a significant adverse effect on the environment,and the adoption of this ordinance is exempt from CEQA. SECTION 3. Amendment and Restatement of Chapter 3.24 (Purchasing System for Non-Public Works Projects). Chapter 3.24 of the RMC is amended and restated in its entirety,as set forth in the attached Exhibit A. SECTION 4. Adoption of Chapter 3.28 (Public Project Bidding Procedures). Title 3 (Revenue and Finance) of the Rosemead Municipal Code is amended to add Chapter 3.28, as set forth in the attached Exhibit B. SECTION 5. Amendment to Section 2.20.20.K. Section 2.20.020.K of Chapter 2.20 (Director of Finance/Treasurer) is amended as follows: 1 "K. To act as Purchasing Officer as set forth in Chapter 3.24,if so designated by the City Manager." SECTION 6. 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 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED,APPROVED,AND ADOPTED by the City Council of the City of Rosemead, County of Los Angeles of the State of California on June 25, 2019. MAGARET CLARK, MAYOR ATTEST: ERICKA HERNANDEZ, CITY CLERK APPROVED AS TO FORM: RACHEL H. RICHMAN, CITY ATTORNEY 2 EXHIBIT A Chapter 3.24 - PURCHASING SYSTEM FOR NON-PUBLIC WORKS CONTRACTS 3.24.010 - Definitions. Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter: "Authorized contracting party" means the city official or body provided with authority under this chapter to approve a contract or to make a purchase. "City Manager" means the City Manager or person designated by the City Manager to act on behalf of the City Manager. "Formal competitive purchasing procedure" means a procedure which meets the requirements of state and local law, including this chapter and any policies and procedures approved by the City Manager consistent with this chapter. "Negotiated contract" means a letter of agreement, vendor agreement, contract, professional services agreement, maintenance services/public works projects agreement or written documentation which details terms and conditions of the purchase. "Professional services" means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, redevelopment, financial, economic, personnel, social services, animal control, legal, management, environmental, cable television, communication and other similar professional functions which may be necessary for the operation of the city. "Rosemead vendor" means 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. 3.24.015– Purchasing Methods. Value of Purchase Purchase method Method of Approval $5,000 or less Direct competitive purchasing Approval by director of procedure, unless subject to department responsible for an alternative purchasing the project, using a vendor or procedure. letter of agreement. $5,000.01 to $30,000.00 Informal competitive Approval by City Manager. purchasing procedure, unless subject to an alternative purchasing procedure. $30,000.01 or More Formal competitive Approval by the City Council purchasing procedure, unless subject to an alternative purchasing procedure. 3.24.020 - Purchasing Officer—Position created—Appointment. Page 1 of 6 EXHIBIT A There is established in the office of the City Manager the role of a Purchasing Officer. The Purchasing Officer shall be the City Manager or his or her designee(s). If the City Manager designates one or more persons to act in this role, the Purchasing Officer(s) shall serve at the pleasure of the City Manager. The duties of the Purchasing Officer may be combined with those of any other officer(s) or position(s). 3.24.030 - Purchasing Officer—Powers and duties. The Purchasing Officer, in accordance with the policies set forth in this chapter and in any written procedures approved by the City Manager that are consistent with this chapter, shall have the power to: A. Purchase or contract for supplies, services and equipment required by the city; B. Negotiate and recommend to the City Council execution of contracts for the purchase of supplies, services and equipment; C. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution and disposal of supplies, services and equipment for the city; D. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter; E. Review the working details, drawings, plans and specifications for any projects or purchases requiring such review in this chapter; F. Inspect or supervise the inspection of purchased supplies, services and equipment to ensure conformity with any specifications established or required by the city; G. Transfer among departments any supplies, services and equipment not needed by one such department, but which are necessary for the operation of one or more other departments; H. Sell any supplies and equipment not needed for public use or that may become unsuitable for their intended use; I. Develop and maintain any bidder's list, service provider's list or vendor's catalog file necessary to the operation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter. 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 general. 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 Page 2 of 6 EXHIBIT A 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 or $10,000.00, whichever is less. 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 if there is an alternative procedure set forth in this chapter. 3.24.050 - Bidding, purchasing and contracting. A. $5,000.00 or Less. Any purchase of $5,000.00 or less may be awarded by the director of the department responsible for the project by any direct competitive purchasing procedure as defined herein. B. $5,000.01 to $30,000.00. Any purchase of more than $5,000.00 and not greater than $30,000.00 may be awarded by the City Manager by any informal competitive purchasing procedure as defined herein. C. $30,000.01 or More. Any purchase of more than $30,000.00 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the formal competitive purchasing procedure set forth below. D. Purchasing Officer Approval. The Purchasing Officer, or his or her designee, shall review and approve all contracts of $5,000.01 or more before the contract is effective. E. Five-Year Term Limitation. No agreement or contract shall extend for a period of more than five years, including any authorized extensions. 3.24.060 - Direct competitive purchasing procedure. Direct purchasing procedure shall be used for purchases between $1,000.00 and $5,000.00, which includes contacting at least three vendors from a predetermined vendor list for informal quotes. The city is responsible for updating and maintaining a list of predetermined vendors. Once the quotes are obtained and a pricing sheet is completed, the city may use a vendor agreement or letter of agreement to complete the purchase. 3.24.070 - Informal competitive purchasing procedure. A. Uses of Informal Competitive Purchasing Procedure. This informal purchasing procedure shall be used for purchases between $5,000.01 and $30,000.00. B. Service providerNendor List. The department shall maintain a list of qualified service providers or vendors. Page 3 of 6 EXHIBIT A C. Distribution of Notice Inviting Informal Bids. At least three vendors or service providers shall be asked to submit informal bids, and the city shall endeavor to receive informal bids from at least three vendors or service providers. Notices inviting informal bids shall be mailed to the list of qualified service providers, vendors, 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. E. 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 service providers or vendors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such vendor(s) or service provider(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. Service providers or vendors 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. Use of Formal Competitive Purchasing Procedure. This formal purchasing procedure shall be used for purchases greater than $30,000.00 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 substantially comply with procedures set forth in Chapter 3.28. 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; Page 4 of 6 EXHIBIT A 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. Service providers or vendors 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 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. For situations determined by the City Manager to constitute an emergency, the city may use the emergency procedures set forth in Chapter 3.28. 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 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. 3.24.100 - Inspection and testing. Page 5 of 6 EXHIBIT A The Purchasing Officer shall inspect supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The Purchasing Officer 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. 3.24.110 - Surplus supplies and equipment. All using agencies shall submit to the Purchasing Officer at such times and in such form as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies and equipment. Page 6 of 6 EXHIBIT B Chapter 3.28— PUBLIC PROJECT BIDDING PROCEDURES 3.28.010— Purpose. This chapter is enacted for the purpose of implementing procedures for contracts related to certain public projects in accordance with Public Contract Code Section 20160 et seq., including but not limited to notice and publication of the bids and the award of the contract to the lowest responsible bidder. A "public project" is as defined in Public Contract Code Section 20161. 3.28.020—Competitive bidding requirement. Competitive bidding for public works contracts, for public projects over $5,000.00, is required and will be conducted in accordance with the Public Contract Code and this chapter. 3.28.030— Bid procedure. A. Notice inviting bids. Notices inviting bids shall be advertised by the city clerk, and shall include a general description of the work to be done, state where bid forms and specifications may be secured, and the time and place for opening bids. 1. Published notice. The city clerk shall cause notices inviting bids to be published twice in a newspaper of general circulation at least ten days before the date of opening of the bids, or posted for five days in three public places in the city designated by the City Council, in accordance with Public Contract Code Section 20164. B. Bidder's security. 1. Application. Unless otherwise provided by the City Manager before the letting of public notice inviting bids, each bid shall be accompanied by bidder's security. 2. Return. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute the contract within ten days after the preparation and mailing of the contract, unless in the latter event the city is solely responsible for the delay in executing the contract. On refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. In such event, the amount of the lowest bidder's security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. C. Bid opening procedure. Sealed bids shall be submitted to the city and shall be identified as "BID" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. Once opened, the bids shall be public records. Notwithstanding the foregoing, any bid deemed non-responsive at the time of bid opening shall not be kept by the city, and once deemed non-responsive, shall be returned to the bidder. Grounds for determining a bid is non- responsive include, but are not limited to, failure to provide the required bid bond and failure to attend any mandatory walk through or pre-bid meeting. D. Rejection of bids. At its discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed in this chapter. Page 1 of 2 EXHIBIT B E. Award of contracts. Except as otherwise provided herein, contracts shall be awarded to the lowest responsible bidder. F. Tie bids. If two or more 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 or readvertising for bids, the city, at its discretion, may accept the one it chooses. G. Performance bonds. The City Manager shall have the authority to require a performance bond or materials and labor bond or bonds before entering a contract in such amounts as the City Manager finds reasonably necessary to protect the best interests of the city. If the City Manager requires such bond or bonds, the form and amount of same shall be described in the notice inviting bids. H. Insurance. All contracts for public projects shall require the contractor to furnish evidence, in a form satisfactory to the city, that the contractor has taken out and has in force liability and worker's compensation insurance in such amounts and form as may be required by the city, in addition to any other insurance required by the city's risk manager. I. Contract Retention. No contract for a public project shall provide for, authorize or permit the payment of more than 90% of the contract price before the completion of the work done under the contract, and acceptance thereof by the city, and the expiration of the stop notice claim period and the resolution of any such claims filed thereunder. 3.28.040— Emergencies. The City Manager is delegated the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $100,000.00, pursuant to Public Contract Code Section 22050. Emergency expenditures of more than $100,000.00 must first be approved by the City Council. Work maybe performed without the benefit of competitive purchasing, either formal or informal, only so long as necessary under Section 22050. 3.28.050 - Delegation of authority to award contracts. Public works contracts $5,000.00 or less may be approved and executed at the director level without formal bidding. Public works contracts between $5,000.01 and $30,000.00 may be approved and executed by the City Manager. A table summarizing the methods of approval and bidding requirement is provided below. Value of Public Project Method of Approval Bidding Requirement Up to $5,000.00 Approval by director of Bidding not required. department responsible for the project, using a vendor or letter of agreement. $5,000.01 to $30,000.00 Approval by the City Bidding required. Manager. $30,000.01 or more. Approval by the City Council. Bidding required. Page 2 of 2