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Home My WebLink AboutOrdinance - 2487 - Amend Title 4 '- e e ORDINANCE NO. 2487 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 4 (REVENUE AND FINANCE), CHAPTER 4.20 (PURCHASING SYSTEM), BY REPEALING SECTION 4.20.170 (SPECIAL PROCUREMENT PROCESS) AND AMENDING SECTIONS 4.20.040, 4.20.080, 4.20.090, 4.20.100, 4.20.120, 4.20.130,4.20.140, AND 4.20.180 AND CHAPTER 4.22 (PUBLIC PROJECTS) BY AMENDING SECTION 4.22.040 (UNIFORM CONSTRUCTION COST ACCOUNTING PROCEDURES-BIDDING PROCEDURES UNDER THE ACT) ALL RELATING TO DEFINING "BEST VALUE" FOR PURPOSES OF PURCHASING OFFICER EVALUATION; RE-ESTABLISH THE LOCAL BUSINESS PREFERENCE; AND PROVIDE GENERAL CLARIFICATIONS TO PURCHASING AND PUBLIC WORK BIDDING AUTHORITY AND REGULATION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 4, Chapter 4.20, Section 4.20.170 is hereby repealed. Section 2. Title 4, Chapter 4.20, Sections 4.20.040, 4.20.080, 4.20.090, 4.20.100, 4.20120,4.20.130,4.20.140 AND 4.20.180 are hereby amended to read as follows: 4.20.040 - Purchasing Officer Duties. The purchasing officer shall have general supervision ofthe purchasing division. The duties of the purchasing officer may be combined with those of any other office or position. The purchasing officer shall have authority to do the following: A. B. C. [No Change] [No Change] Procure for the city the needed quality in supplies, services and equipment that prove to be the best value to the city. Determination of best value may take into consideration additional elements beyond cost such as warranty, life cycle related costs, lead time, desired aesthetics, work experience as verified through references or work examples, vendor location, prior work with the city or other factors deemed relevant to the needed supplies, equipment or work to be performed. [No Change in remainder subsections D through J] 4.20.080 - Bidding - When Dispensed With. A. Purchase of supplies, services, equipment shall be by bid procedures pursuant to Sections 4.20.120 and 4.20.130, except that bidding maybe dispensed with only in the following instances: [No Change in subsections 1 through 5] 6. When, at the determination of the city manager for awards up to $125,000, or upon approval by the city council for awards over $125,000, goods or CJ \ ~ -t:- DQ --.l -1- v e e services are proposed to be purchased which do not constitute public works projects B. An emergency shall be defined as any breakdown in equipment or utility service requiring immediate repair or replacement, wherein the item or items broken down do not fall within the definition of a "public works project" as defined in the Government Code of the state. Only the city manager, or in his or her absence the assistant city manager or support services director, may determine that an emergency exists for the purpose of dispensing with the ordinary bidding procedures required by this chapter. 4.20.090 - Bid Opening Procedures. A. The official opening of bids shall be done publicly in the city clerk's office or a city hall conference room at a stated time. Bids shall not be scheduled to open less than eight hours prior to a regular meeting of the city council without approval by the city clerk. The following provisos shall apply: 1. There shall be present at the opening of bids the purchasing officer and either the city clerk or his or her designee. 2. [No Change] 3. [No Change] B. [No Change] 4.20.100 - Purchase Orders. A. Except as stated in this chapter, or if procurements are made pursuant to previously adopted alternative procedures such as Cal Card purchases, request for demand (RFD) or confirming purchase order, no purchases of supplies, services and equipment shall be made without a purchase order or purchasing officer's approval. B. Requests for an emergency purchase order shall be accompanied by an emergency requisition. The department director requesting the emergency purchase order shall sign the emergency requisition and shall explain in detail the reasons therefor. In the absence of the purchasing officer, the emergency requisition must bear the signature ofthe city manager, the assistant city manager or the support services director. In the case of emergencies arising after working hours when neither the purchasing officer, the city manager, the assistant city manager nor the support services director can be contacted, the emergency purchase may be made; provided, however, that the emergency requisition substantiating the purchase shall be filed by the department director within four hours after the start of the next regular work day. 4.20.120 - Formal Contract Procedures. [No Change in Subsections A through J] K. The city council, or the appropriate city officials as authorized by subsection G ofthis section, may authorize the execution of a contract for supplies, services or equipment without any previous publication or posting of notice inviting bids or proposals when -2- '/ ,. e e the city councilor the appropriate officials find and declare that anyone or more of the following situations exist: [No Changes to 1 through 7] 8. When, at the determination of the city manager for awards up to $125,000, or upon approval by the city council for awards over $125,000, goods or services are proposed to be procured which do not constitute public works projects. 4.20.130 - Open Market Purchasing. A. Purchases of supplies, equipment, contractual services and the sales of personal property in the amount ofthirty thousand dollars or less in one fiscal year-or thirty thousand dollars or less annually in the case of multiple-year awards-may be made by the purchasing officer in the open market without observing the procedures prescribed by Section 4.20.120 of this chapter. 1. Open market purchases for supplies and equipment shall, wherever possible, be based on at least three quotations and be awarded to the lowest responsible bidder. The purchasing officer shall solicit written quotes by requests to prospective vendors by telephone, US mail, electronically or by public notice posted on a public bulletin board in the city hall, or by notice posted on the city's web site. Written quotations shall be submitted to the purchasing officer by way of fax, electronically, US mail or in person, and the purchasing officer shall keep a record of all open market orders and quotations for a period of one year after the submission of quotes or the placing of orders. This record, while so kept, shall be open to public inspection. 2. Open market purchases for supplies and equipment shall not require competitive bids if the value is less than two thousand five hundred dollars. Purchases between two thousand five hundred dollars and ten thousand dollars, wherever possible, shall be based on three or more written, faxed, or electronic quotes and may be obtained directly by the requestor or by the purchasing staff. B. [No Change] 4.20.140 - Inspection and Testing. The department director or responsible designee for whom supplies and equipment are purchased or contractual services performed shall inspect the supplies, equipment and work performed to determine their conformance with the specifications set forth in the order or contract. The department director 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. Section 3. Title 4, Chapter 4.22, Section 4.22.180.A.2 is hereby amended and Section 4.22.180 F is repealed to read as follows: -3- . . 'f" . e e 4.20.180 - Local Business Preference A. Local Business Defined. For purposes of this section, a "local business" means a business enterprise including, but not limited to, a sole proprietorship, partnership, or corporation which has the following: 1. A valid business license issued from the City of Redding; and 2. Has a place of business with a physical address located within the jurisdictional limits of the City of Redding and retains at least one full time equivalent employee at that location. [No Change to B through E, Subsection F repealed] Section 4. Title 4, Chapter 4.22, Section 4.22.040 is hereby amended to read as follows: 4.22.040 - Uniform construction cost accounting procedures-Bidding procedures under the Act. The city shall utilize the bidding procedures set forth in Article 3 ofthe Public Contract Code (commencing with Section 22030) when contracting for "maintenance work" as defined in Section 22002 of the Act, or when contracting for any other work which does not fall within the definition of "public project" as defined in Section 22002 ofthe Act. Section 5. The passage ofthis ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the applications of such provision shall remain in effect to the extent permitted by law. Section 7. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 2nd day of October, 2012; and was duly read and adopted at a regular meeting on the 16th day of October, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Jones, McArthur, Sullivan & Dickerson None None None ~~ DICK DICKERSON, Mayor A TTEST~/,,' /" '. 'V" ) ('>, r '. '- /) ;'- - r'. 1 -. ,r ....' ..... 7'" . APPROVED AS TO FORM: , , 731:~~~ FO<..RICHARDA. DUVERNAY, City Attorney BARRYE.DeWALT -4- .""! ,'.,\ ~,