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CC - Item 4B - Purchasing Ordinance Second ReadingE M P S,{ Nc~RRORaTEJ \e"9 • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER- C-e^- DATE: FEBRUARY 26, 2008 SUBJECT: PUCHASING ORDINANCE SECOND READING SUMMARY Ordinance 864 was approved at the first reading on February 12, 2008. Per the Government Code, Ordinances must be approved at a second reading. Staff Recommendation Staff recommends that the City Council adopt Ordinance 864 (Attachment A). LEGAL REVIEW The City Attorney has reviewed the Ordinance. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Matthew E. Hawkesworth Assistant City Manager - Internal Business Units Attachment A: Ordinance 864 APPROVED FOR CITY COUNCIL AGENDA: 0 ' ITEM NUMBER: ORDINANCE NO. 864 AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 3.24 OF THE ROSEMEAD MUNICIPAL CODE CONCERING THE. PURCHASING SYSTEM. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.24 of the Rosemead Municipal Code is hereby amended to read in its entirety as follows: CHAPTER 3.24 - PURCHASING SYSTEM 3.24.010 Definitions. 3.24.020 Purchasing Officer - Position created - Appointment. 3.24.030 Purchasing Officer - Powers and duties. 3.24.040 Purchasing policies and procedures. 3.24.050 Bidding, purchasing and contracting. 3.24.060 Rosemead direct competitive purchasing procedure. 3.24.070 Rosemead informal competitive purchasing procedure. 3.24.080 Formal competitive purchasing procedure. 3.24.090 Using alternative purchasing procedures. 3.24.100 Repealed 3.24.110 Repealed 3.24.120 Inspection and testing. 3.24.130 Surplus supplies and equipment. 3.24.010 Definitions. Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter: A. "Act" means the Uniform Public Construction Cost Accounting Act found at Public Contract Code Section 22000 et seg . B. "Alternative purchasing procedure" means purchasing supplies, services or equipment when any of the following situations exist: An emergency, no competitive market, competitive bidding already completed; state purchases; or no bids received. C. "Authorized contracting party" means the City official or body provided with authority under this chapter to approve a contract or to make a purchase. D. "City manager" means the city manager or person designated by the city manager to perform all or some of the duties prescribed in this chapter. E. "Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010). F. "Direct competitive purchasing procedure" bidding means quotes shall be obtained and a Pricing Quote Sheet completed. A Vendor or Letter of Agreement shall be completed when required. G. "Emergency" for purposes of public projects shall have that meaning provided in Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the City. ATTACHMENT A Page l of 7 H. "Facility" shall have that meaning provided in Section 22002(e) of the Act, as that Section may be amended from time to time. In this light, facility shall include any plant, building, structure, ground facility, utility system, subject to the limitation found in Section 3.24.010(0)(4) of this Ordinance, real property, streets and highways, or other public work improvements. 1. "Formal competitive purchasing procedure" means a procedure which meets the requirements of state and local law, including the Act, this chapter and any policies and procedures approved by the city manager consistent with this chapter. The project shall be publicly noticed as required by law so all interested vendors can participate, and bid packets may be prepared for purchase by vendors. J. "General Services" mean all services performed by persons not in a professional occupation, including, but not limited to, contract services for park, electrical and computer repair; building, facility and vehicle maintenance; recreation programs; and other similar services which are not professional services. K. "Informal competitive purchasing procedure" means that at least three (3) bids shall be obtained from a predetermined vendor list and the city manager shall approve final selection. L. "Maintenance work" shall have that meaning provided in Section 22002(d) of the Act, as that Section may be amended from time to time. In this light, maintenance work shall include, but shall not be limited to, all of the following: 1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. 2. Minor repainting. 3. Street and highway maintenance, including utility patching, skin patching, crack filling, filling of pot holes, slurry sealing, edge grading, street striping, resurfacing of streets and highways at less than one-inch, sign replacement, sidewalk repair and replacement, curb and gutter repair and replacement, and street and traffic light repair and replacement. Maintenance work shall not include striping of a new street or highway. 4. Sewer maintenance, including foaming, video taping, cleaning and manhole restoration. 5. Traffic signal maintenance. Maintenance work shall not include installation of a new traffic signal. 6. Storm drain related maintenance. 7. Landscape maintenance, including mowing, watering, trimming, tree pruning, planting, tree and plant replacement, irrigation and sprinkler system servicing, retrofit and repair, and landscape rehabilitation. 8. Maintenance of facilities, including roof repairs, heating and air conditioning repairs, and electric repairs. 9. Vehicle and equipment maintenance and repairs. 10. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. M. "Negotiated contract" shall mean 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. N. "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. 0. "Public project" shall have that meaning provided in Section 22002(c) of the Act, as that Section may be amended from time to time. In this light, public project shall not include Page 2 of 7 • 0 maintenance work. In addition, public project shall include, but shall not be limited to, all of the following: 1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. 2. Roof replacements for publicly owned, leased or operated facilities. 3. Painting or repainting of any publicly owned, leased, or operated facility. 4. 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 230,000 volts and higher. P. "Purchasing officer" means the city manager or his or her designee(s) as provided in Section 3.24.020. Pursuant to Section 3.24.020, the city manager may change his or her designation at any time. 3.24.020 Purchasing Officer - Position created - Appointment. 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 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. 1. Develop and maintain any bidder's list, contractor'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. Page 3 of 7 • 0 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 $ 25,000 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 be awarded by the director of the department responsible for the project by any direct competitive purchasing procedure as defined herein. B. $5,001 to $25,000: Any purchase of more than five thousand dollars ($5,000) and not greater than twenty-five thousand dollars ($25,000) may be awarded by the city manager by any informal competitive purchasing procedure as defined herein. C. $25,001 or more: Any purchase of more than twenty-five thousand dollars ($25,000) 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. 3.24.060 Rosemead direct competitive purchasing procedure. A. Uses of Rosemead Direct Competitive Purchasing Procedure: This direct purchasing procedure shall be used for purchases between $1, 000 and $5,000. B. At least three (3) vendors shall be contacted to provide informal quotes. C. The department shall maintain a list of predetermined vendors. Page 4 of 7 I 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 $25,000. 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. 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 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. 1. 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 $25,000 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 bid 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. Page 5 of 7 • 0 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 twenty-five thousand dollars ($25,000), 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 twenty-five thousand dollars ($25,000) 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. Page 6 of 7 0 • 3.24.100 Repealed 3.24.110 Repealed 3.24.120 Inspection and testing. (Not modified) 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. (Prior code § 2611) 3.24.130 Surplus supplies and equipment. (Not modified) 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. Such sales shall be made pursuant to Sections 3.24. 100 and 3.24.110, whichever is applicable. (Prior code § 2612) PASSED AND ADOPTED this 26 h day of February 2008, by the following vote: AYES: NOES: ABSTAIN ABSENT: JOHN TRAN, MAYOR ATTEST: GLORIA MOLLEDA, City Clerk Page 9 of 42