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HomeMy WebLinkAboutOrd. No. 2003-1109 ORDINANCE NO. 1109 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PURCHASING AND ADDING CHAPTER 3.10 AND CHAPTER 3.12 TO THE LAKE ELSINORE MUNICIPAL CODE WHEREAS, Chapter 3.08 ofthe Lake Elsinore Municipal Code establishes purchasing procedures for the City of Lake Elsinore; and WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore to amend and restate Chapter 3.08 ofthe Lake Elsinore Municipal Code in order to increase the efficiency of the purchasing process in the City of Lake Elsinore; and WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore to add Chapter 3.10 of the Lake Elsinore Municipal Code in order to increase the efficiency of the administration of public works projects in the City of Lake Elsinore. WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore to add Chapter 3.12 of the Lake Elsinore Municipal Code in order to increase the efficiency of the administration of surplus property belonging to the City of Lake Elsinore. WHEREAS, purchasing products and services from local vendors stimulates the local economy and assist in the maturation of the local economy. WHEREAS, giving local vendors a three percent (3%) preference would be a modest way to stimulate and expand the local economy and it is in the public interest to support local business and to encourage businesses to locate and remain in the City. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Chapter 3.08 ofthe Lake Elsinore Municipal Code is hereby amended and restated in its entirety, as follows: CHAPTER 3.08 GENERAL PROVISIONS 3.08.010 Adoption of purchasing system. In order to establish efficient procedures for the purchase of supplies, services and equipment, to secure for the City supplies, services 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 purchases, a purchasing system is adopted. 3.08.015 Scope of Chapter. The procedures established by this Chapter shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. A purchase shall include leasing or renting of equipment and shall be valued for purposes of applying the procedures established by 1 this Chapter at the net present value of the payment amounts as determined by the Purchasing Officer. 3.08.020 Purchasing Officer--Office created. There is created the position of Purchasing Officer. The Purchasing Officer shall be responsible and have general supervision of the purchasing function. The duties of the Purchasing Officer shall be combined with those ofthe Director of Administrative Services. The Purchasing Officer shall have the authority to: A. Purchase or contract for supplies and equipment required by any using agency or department in accordance with purchasing procedures prescribed by this Chapter, such administrative regulations as the Purchasing Officer shall adopt for the internal management and operation of the Purchasing Department, and such other rules and regulations as shall be prescribed by the City Councilor City Manager; B. Negotiate and recommend execution of contracts or purchase orders for the purchase of supplies and equipment; C. Act to procure for the City the needed quality in supplies and equipment at least expense to the City; D. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; E. Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City; F. Prepare and recommend to the City Council 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 reasonably necessary to the operation of this Chapter and other rules and regulations; I. Coordinate the inspection of all supplies and equipment purchased to insure conformance with specifications; J. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of supplies and equipment which cannot be used by any department or which becomes unsuitable for City use; and K. Maintain a bidder's list, vendor's catalog file and records needed for the efficient operation of purchasing functions. 3.08.030 Additional authorization for purchasing. The Purchasing Officer, with approval of the City Council, may authorize in writing any agency or department to purchase or contract for specified supplies, services and equipment independently of the Purchasing Officer, but shall require that such purchases be made in conformity with the procedures established by this 2 Chapter. The Purchasing Officer shall also require that all documents supporting the formal or informal bidding procedures be attached to the City's copy of purchase order. 3.08.035 Estimates of requirements. All City departments shall file detailed estimates oftheir requirements in supplies and equipment in such manner, at such time, and for such future periods as the Purchasing Officer shall prescribe. 3.08.040 Requisitions. Each City departments shall submit requests for supplies, services and equipment to the Purchasing Officer by standard requisition forms, or by other means, as may be established by the purchasing rules and regulations. 3.08.045 Purchase orders. Purchases of supplies, services and equipment shall be made by purchase order, or by such other procedures established by the Purchasing Officer. 3.08.050 Encumbrance of funds. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged. 3.08.055 Inspection and testing. The Purchasing Officer or requesting department 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 the right to waive any defect or informality. The Purchasing Officer shall have the 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. 3.08.060 Purchase Order Splitting Prohibited. The Purchasing Officer or requesting department shall not engage in contract splitting or purchase order splitting in order to avoid the bidding procedures as set forth in this Chapter. 3.08.065 City Manager. The City Manager is authorized to enter into contracts for the purchase of supplies or equipment or contracts for personal, professional, consultant and maintenance services where the amount of such contract does not exceed $15,000. 3.08.070 Exceptions to Bid Procedures. Notwithstanding the purchase procedures set forth in this Chapter, bidding procedures for the purchases of supplies, services and equipment shall not apply to the following situations: A. An emergency requires that an order be placed with the nearest available source of supply; B. The commodity or service can be obtained from only one (I) vendor; or C. Professional services contracts for accountants, attorneys, architects, engineers, surveyors, construction managers and other professionals and consultants; D. When in the best interest of the City, the City Manager may authorize the Purchasing Officer to bypass the formal bid process for the purchase of surplus property from another governmental entity; E. When in the best interest of the City, the City Manager may authorize the 3 Purchasing Officer to bypass the bid process required under this Chapter for purchases of fifteen thousand dollars ($15,000) or less; F. When in the best interest ofthe City, the City Council may authorize the City Manager or Purchasing Officer to bypass the bid process required under this Chapter for purchases greater than fifteen thousand dollars ($15,000); or G. Purchases of less than two thousand dollars ($2,000). The City Council will be advised by the City Manager of procurements over five thousand dollars ($5,000.00) which were exempted from the bid process set forth in this Chapter. OPEN MARKET PURCHASE PROCEDURES 3.08.100 Limits. Except as provided in this Chapter, purchases of supplies, equipment, contractual services and sales of personal property of an estimated value in the amount of fifteen thousand dollars ($15,000.00) or less, and in the case of public works projects in the amount of five thousand dollars ($5,000.00) or less, may be made by the Purchasing Officer in the open market as follows without observing the procedure prescribed in Section 3.08.200 through 3.08.240 3.08.110 Minimum number of bids. Open market purchases shall, whenever possible, be based on at least three (3) bids and shall be awarded to the lowest responsible bidder. 3.08.120 Request for bids. The Purchasing Officer shall solicit bids by written requests, telephone, facsimile or electronic mail, to prospective vendors. 3.08.130 Written bids. Written bids shall be submitted to the Purchasing Officer who shall keep a record of all open market orders and bids for a period of one (1) year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspection. 3.08.230 Award. The bid shall be awarded to the lowest responsible bidder except as otherwise provided herein. Bidders located within the City of Lake Elsinore may be given a three percent (3 %) pricing allowance when calculating the lowest responsive bid due to the City of Lake Elsinore's interest in promoting growth and stimulate the local economy. . To qualify for this preference, the purchase (or portion of purchase) must be subject to sales tax collection reported as collected within the City of Lake Elsinore, the vendor has a fixed facility with employees within the City of Lake Elsinore and such vendor shall hold a current and valid City of Lake Elsinore business license. FORMAL BIDDING PURCHASE PROCEDURES 3.08.200 Procedure for purchases exceeding fifteen thousand dollars. Except as provided in this Chapter, purchases of supplies, services, equipment and the sale ofpersonal property of estimated value greater than fifteen thousand dollars ($15,000.00) shall be by written contract as follows: 3.08.205 Request for bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, state where bid blanks and specification may be secured, and 4 the time and place for opening bids. 3.08.210 Notice of bids. Notice inviting bids shall be published at least five (5) days before the date of opening ofthe bids. Notice shall be published in a newspaper of general circulation in the City, and, additionally, shall be posted in at least one (1) public place in the City that has been designated as the place for posting public notices. 3.08.215 Bidder's list. The Purchasing Officer shall also solicit sealed bids from any responsible prospective suppliers. 3.08.220 Bid opening procedure. Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. It is the responsibility ofthe bidder to ensure receipt ofthe bid document by the City Clerk by the designated hour. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. 3.08.225 Rejection of bids. The Purchasing Officer may recommend to the City Manager, the rejection of any and all bids and readvertise for bids. 3.08.230 Award. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. Bidders located within the City of Lake Elsinore may be given a three percent (3 %) pricing allowance when calculating the lowest responsive bid due to the City of Lake Elsinore's interest in promoting growth and stimulate the local economy. To qualify for this preference, the purchase (or portion of purchase) must be subject to sales tax collection reported as collected within the City of Lake Elsinore, the vendor has a fixed facility with employees within the City of Lake Elsinore and such vendor shall hold a current and valid City of Lake Elsinore business license 3.08.235 Tie bids. Iftwo (2) 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 of readvertising for bids, the City council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. JOB ORDER CONTRACTING FOR NON-PUBLIC WORKS MAINTENANCE AND REPAIRS 3.08.300 Purpose. The purpose of this section and the following is to provide for the use of job order contracts that will benefit the public by providing an effective means of reducing the total.lead-time and cost for recurring expenses or purchase of unique or non-standard supplies and equipment. 3.08.305 Procedures. In lieu of the open market and formal bid procedures set forth herein, the Purchasing Officer may issue a purchase order to a job order contractor pursuant to an approved contract under Section 3.08.345 for maintenance, minor repairs, rehabilitation, or alteration of facilities that is of a recurring nature or for such other purchases of supplies and equipment which, due to the wide variation of options and cost factors, best serves the needs of the City and provides the City with the highest quality and cost effective goods and services. 5 3.08.310 Request for proposals. Notices inviting proposal shall include a general description of the supplies, equipment, or contractual services to be purchased and state where proposal blanks and specification may be secured, and the time and place for opening proposals. 3.08.315 Notice of Request for Proposals. Notice inviting proposals shall be published at least five (5) days before the date of opening of the proposals. Notice shall be published in a newspaper of general circulation in the City, and, additionally, shall be posted in at least one (1) public place in the City that has been designated as the place for posting public notices. 3.08.320 Proposer's list. The Purchasing Officer shall also solicit sealed proposals from any responsible prospective job order contractor. 3.08.325 Proposal opening procedure. Sealed proposals shall be submitted to the City Clerk and shall be identified as proposals on the envelope. It is the responsibility of the proposer to ensure receipt ofthe bid document by the City Clerk by the designated hour. Proposals shall be opened in public at the time and place stated in the public notice. A tabulation of all proposals received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the proposal opening. 3.08.330 Rejection of bids. The Purchasing Officer may recommend to the City Manager, the rejection of any and all proposals and readvertise the request for proposals. 3.08.335 Recommendation. The Purchasing Officer shall consider the following factors when recommending the selection of a job order contractor to the City Council: A. The extent to which the proposal meets the needs of the City for the equipment or supplies; B. The quality of the equipment or supplies proposed; C. The overall cost to the City ofthe proposal, including, but not limited to, pricing of the equipment or supplies, delivery schedule, terms of payment, warranties, maintenance requirements and required site preparation; D. The experience and qualifications of vendor submitting a proposal to successfully meet the requirements for the equipment or supplies; E. Previous performance ofthe vendor submitting a proposal in providing similar equipment or supplies; F. Financial ability ofthe vendor submitting the proposal to provide the equipment or supplies to the City; G. Vendor's conformity to the specifications for the equipment or supplies set forth in the request for proposal; and H. Such similar factors as may be specifically included in the request for proposal. 3.08.340 Award. Contracts for job order contractors shall be awarded by the City Council. 6 3.09.345 Term. Job order contracts shall be in writing and shall be approved by the City Council for an initial contract term of not to exceed three years. Such job order contracts shall be reviewed periodically by the City Council. SECTION 2: That Chapter 3.10 ofthe Lake Elsinore Municipal Code is hereby added as follows: CHAPTER 3.10 INFORMAL BIDDING PROCEDURES FOR PUBLIC WORKS PROJECTS 3.10.010 Purpose. The purpose of this Chapter is to establish informal bidding procedures governing the selection of contractors and the award of contracts for public works projects pursuant to Public Contract Code Sections 22032(b) and 22034, as authorized and directed by Public Contract Code Section 22034. 3.10.020 Contractor List. A. The City Engineer shall develop and maintain a list of contractors in accordance with the provisions of Public Contract Code Section 22034 and criteria promulgated by the California Uniform Construction Cost Accounting Commission. B. Any licensed contractor requesting to have his or her name placed on this list shall be included. The list may be revised from time to time to remove inactive names. A name may be considered inactive if: (i) a letter addressed to the contractor is returned without a forwarding address; or (ii) the contractor has not taken out plans for, or bid on a City project within the past two years; or(iii) a notice of disbarment of the contractor is received by the City; or (iv)The contractor is no longer licensed; or (v) the contractor withdraws his name; or (vi) other good cause as determined by the City Engineer. 3.10.025 Notice Inviting Informal Bids. A. If a public project subject to the provisions of this Chapter is to be performed, a notice inviting formal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.10.020 and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission ("Commission") in accordance with Public Contract Code Section 22036. Additional contractors and/or construction trade journals may be notified at the discretion of the City department soliciting bids. B. The foregoing notwithstanding, (i) if there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission; or (ii) if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. C. All mailing of notices to contractors and construction trade journals pursuant to subsection (a) shall be completed not less than 10 calendar days before bids are due. 7 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. 3.10.030 Contract Award; Changes. A. Public works projects within the limits set forth in Public Contracts Code Section 22032(a) may be performed by City employees by force account, or by negotiated contract or purchase order approved and signed by the Purchasing Officer or the City Manager, respectively. B. The Purchasing Officer and the City Manager are each authorized to award informal contracts within the limits set forth in Public Contracts Code Section 22032(b). C. If all bids received are in excess of the limits set forth in Public Contracts Code Section 22032(b), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, within the limits set forth in Public Contract Code Section 22034(f), to the lowest responsible bidder, if the City Council determines the City's cost estimate was reasonable. D. Subject to the requirements and limitations of Public Contract Code Section 20142, the City Manager may approve changes or additions in the work being performed. Subject to the requirements and limitations of Public Contract Code Section 20143, the City Manager may include in any contract or contract specifications a provision for the performance of such extra work and the furnishing of materials therefore by the contractor as City Manager requires for the proper completion or construction of the whole work contemplated. 3.10.035 Compliance with Laws. In seeking, awarding and administering contracts pursuant to this Chapter, the awarding authority shall comply with all other applicable requirements of law and City general conditions and procedures, including but not limited to those pertaining to bonds, prevailing wages, subcontractors, notices to proceed and notice of completion, and msurance. SECTION 3: added as follows That Chapter 3.12 ofthe Lake Elsinore Municipal Code is hereby CHAPTER 3.12 SURPLUS PROPERTY 3.12.010 Surplus supplies and equipment. All City departments shall submit to the Purchasing Officer, at such times and in such form as the Purchasing Officer shall prescribe, reports showing all supplies and equipment which are no longer needed or which have become obsolete or worn out. 3.12.015 Disposition. The Purchasing Officer shall have authority to sell all supplies and equipment which cannot be used or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies and equipment. 3.12.020 Notice. In the event that surplus property is to be sold, a notice inviting bids shall be published at least five (5) days before the bidding deadline or auction. Notice shall be published 8 in a newspaper of general circulation, in the City, or, alternatively, shall be posted in at least one (1) public place in the City that has been designated as the place for posting public notice~. All bids submitted to the City shall be immediately available upon request by the public and all auctions shall be open to the public. 3.12.025 No bids. If there are no bids, the property may be sold at private sale or donated as provided herein. 3.12.030 Surplus supplies and equipment--Donation. The Purchasing Officer shall have authority, subject to the approval ofthe City Manager, to donate surplus supplies and equipment subject to the following: A. Surplus supplies and equipment may be donated to nonprofit organizations or school districts located or operating within the City, or if none are identified, then to nonprofit organizations or school districts whose operations benefit Lake Elsinore residents. B. Donations made to nonprofit organizations or school districts, ("recipient entity"), shall be on a first-come, first-serve basis. C. Prior to transfer of the donated supplies or equipment, the recipient entity shall provide a statement executed by a person duly authorized to legally bind the recipient entity that the donated property will: 1. Be accepted "as is," with no express or implied warranties; and, 2. That an immediate need exists for the property and that it will be put into immediate use; and, 3. That the property not be sold or otherwise transferred for profit; and, 4. That the recipient entity shall assume all costs and liability associated with the removal and transportation of the surplus property from the City. D. City shall provide notice of the surplus property to be donated. E. If, in the opinion of the Purchasing Officer, the property to be donated pursuant to this section has a value of one thousand dollars ($1,000) or more, the Purchasing Officer shall notify the City Council, in writing, of the property to be donated, the estimated value of the property to be donated, and the recipient of the property proposed to be donated at least thirty (30) days prior to the donation of the property. 3.12.035 Surplus supplies or equipment--Scrap or other disposal of surplus supplies or equipment. A. The Purchasing Officer shall have authority, subject to the approval of the City Manager, to scrap surplus supplies or equipment if the surplus supplies or equipment cannot otherwise be traded-in, sold, auctioned, donated, or salvaged. At least thirty (30) days prior to any such action, the Purchasing Officer shall notify the City Council, in writing, of the property to be scrapped. 9 B. If after reviewing the procedures outlined herein, the Purchasing Officer determines that trade-in or sale of the surplus supplies or equipment is not practicable and after offering said surplus supplies or equipment for donation in accordance with Section 3.12.030, the Purchasing Officer may dispose of such surplus supplies or equipment as he/she determines is in the best interests of the City. Prior to such final disposition of the surplus supplies or equipment, the Purchasing Officer shall notify the City Manager and City Council of the proposed method of disposal which shall be done not less than thirty (30) days thereafter unless the City Manager or City Council directs further review or takes other action as appropriate. SECTION 4: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 5: NOTICE OF ADOPTION The City Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 6: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this R day of October , 2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this ~ day of November, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: 10 AfEST: . / i , \ I, 1: ! '- }~\. , {l/Y~ Vicki Kasad, City Clerk 11 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 14th day of October, 2003; and approved upon second reading by title only on the 25th day of November, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY - , : ABSTAIN;/ COUNCILMEMBERS: ,)' .~.. \/ ; , l' l . \iiCl<I~~~~r;,\~I~Y CLERK CITY OF LAKE ELSINORE NONE (SEA..L) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1109 of said Council, and that the same has not been amended or repealed. - DATED: November 28, 2003 - ) / . , ".'. \, \.,_,'. el" /.. (~~I (-( - ~.'-'. c. """" -- -VICKI KASAD, CiTY CLERK Ct:TY OF LAKE ELSINORE (SPAL)