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HomeMy WebLinkAboutOrdinance No. 99-O14ORDINANCE NO. 99-014 -�vMM"-y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA RESTATING ARTICLE VII OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE REGARDING BIDDING, CONTRACTING AND PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1: Article VII of Chapter 2 of the Azusa Municipal Code is hereby deleted and restated to read as follows: "Article VII BIDDING AND CONTRACTING, AND OTHER PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT Sections: 2-511 Definitions. 2-512 Purchasing Officer - Position created - Appointment. 2-513 Purchasing Officer - Powers and duties. 2-514 Purchasing policies and procedures. 2-515 Public project bidding and contracting. 2-516 Maintenance projects and other general services bidding and contracting. 2-517 Professional services bidding and contracting. 2-518 Supplies and equipment bidding and contracting. 2-519 Azusa formal competitive purchasing procedure. 2-520 Public project informal competitive purchasing procedure. 2-521 Public project formal competitive purchasing procedure. 2-522 Using alternative purchasing procedures for public projects. 2-523 Using alternative purchasing procedures for purchases not involving public projects. 2-524 Local preferences. 2-525 Surplus supplies and equipment. 2-526 City manager authorization to execute contracts. 2-527 Reporting to the City Council on executed contracts. SECTION 2: If any provision or clause of this Ordinance or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinances are declared to be severable. SECTION 3: This Ordinance shall be in full force and effect (30) days after its passage. SECTION 4: A summary of this Ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADOPTED this 2nd day of August , 1999. /s/ CRISTINA CRUZ MADRID, MAYOR Attest: /s/ADOLPH A. SOLIS, CITY CLERK Approved as to Form: /s/SONIA R. CARVALHO, CITY ATTORNEY C� ORDINANCE NO. 99-014 C1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA RESTATING ARTICLE VII OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE REGARDING BIDDING, CONTRACTING AND PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1: Article VII of Chapter 2 of the Azusa Municipal Code is hereby deleted and restated in its entirety to read as follows: "Article VII BIDDING AND CONTRACTING, AND OTHER PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT Sections: 2-511 Definitions. 2-512 Purchasing Officer - Position created - Appointment. 2-513 Purchasing Officer- Powers and duties. 2-514 Purchasing policies and procedures. 2-515 Public project bidding and contracting. 2-516 Maintenance projects and other general services bidding and contracting. 2-517 Professional services bidding and contracting. 2-518 Supplies and equipment bidding and contracting. 2-519 Azusa formal competitive purchasing procedure. 2-520 Public project informal competitive purchasing procedure. 2-521 Public project formal competitive purchasing procedure. 2-522 Using alternative purchasing procedures for public projects. 2-523 Using alternative purchasing procedures for purchases not involving public projects. 2-524 Local preferences 2-525. Surplus supplies and equipment 2-526 City manager authorization to execute contracts 2-527 Reporting to the City Council on executed contracts RVPUMSRC\521156 r� 2-511 Definitions. E Unless otherwise indicated, the following definitions shall apply to all provisions of this article: (a) "Act" means the Uniform Public Construction Cost Accounting Act found at California Public Contract Code Section 22000 et sem. (b) "Alternative purchasing procedure" means purchasing supplies, services or equipment by negotiated contract, purchase order or any other procedure outlined in the City's purchasing and bidding policies and procedures manual approved by the city manager consistent with this article. A type of alternative purchasing procedure may include, but is not limited to, what will be referred to as a "simplified pricing procedure" wherein the authorized contracting party, or his or her designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the City. (c) "Authorized contracting party" means the city official or body provided with authority under this article 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 article. (e) "Azusa informal competitive purchasing procedure" means a procedure which meets the requirements of this article and any policies and procedures approved by the city manager consistent with this article. (f) "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). (g) "Emergency" for purposes of public projects shall have that meaning provided in California Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing purposes means a possible safety situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the City. (h) "Facility" means any plant, building, structure, ground facility, utility system (subject to the limitation found in California Public Contract Code Section 22002, subdivision (c)(3)), real property, streets and highways, or other public work improvement. (i) "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. RVPUB\SRC\521156 0 0 0) "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). epainting. (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 or replacements, 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, powerplants, and electrical transmission lines of 230,000 volts and higher. (k) "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 maintenance work. In addition, public project shall include, but shall not be limited to, all of the following: RVPUB\SRC1521156 C� L (1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. (2) Painting or repainting of any publicly owned, leased, or operated facility. (3) In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. (1) "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 necessary for the operation of the City. (m) "Public project informal competitive purchasing procedure" means a procedure which meets the requirements of state and local law, including Section 22034 of the Act, this article and any policies and procedures approved by the city manager consistent with this article. (n) "Formal competitive purchasing procedure" means a procedure which meets the requirements of state and local law, including the Act, this article and any policies and procedures approved by the city manager consistent with this article. (o) "Purchasing officer" means the city manager or his or her designee(s) as provided in Section 2-512. Initially, the city manager designates the Finance Supervisor to act as the purchasing officer. Pursuant to Section 2-512, the city manager may change his or her designation at any time. 2-512 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 until the city manager designates a replacement. The duties of the purchasing officer may be combined with those of any other officer(s) or position(s). 2-513 Purchasing Officer - Powers and duties. The purchasing officer, in accordance with the policies set forth in this article and in any written procedures approved by the city manager consistent with this article, shall have the power to: RVPUB\.SRC\521156 0 (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 article and any other policies and procedures approved by the city manager consistent with this article. (e) Review the working details, drawings, plans and specifications for any projects or purchases requiring such review in this article. (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, contractor's list or vendor's catalog file necessaryto the operation of this article and any other policies and procedures approved by the city manager consistent with this article. 2-514 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. (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 article. 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 RVPUMSR0521156 0 0 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, both formal and informal, whenever required by law, this article, or any policies and procedures approved by the city manager consistent with this article. (d) Formal and informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to Sections 2-522 and 2-523 of this article. 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. 2-515 Public project bidding and contracting. (a) $25, 000 or less: Public projects of twenty-five thousand dollars ($25,000) or less may be awarded by the director of the department responsible for the project by any alternative purchasing procedure. (b) $25,001 - $75, 000: Public projects of more than twenty-five thousand dollars ($25,000), but less than or equal to seventy-five thousand dollars ($75,000) may, except as otherwise provided in this article or the Act, be awarded by the city manager pursuant to the public project informal competitive purchasing procedure. If all bids received are over seventy- five thousand dollars ($75,000), the City Council may, with the approval of a four-fifths (4/5) vote of those members present, award the contract in an amount not exceeding eighty thousand dollars ($80,000) to the lowest responsive and responsible bidder, so long as the City Council also determines that the City's cost estimate for the project was reasonable. (c) $75, 001 or more: Public projects of more than seventy-five thousand dollars ($75,000) shall, except as otherwise provided in this article or the Act, be awarded by the City Council pursuant to the formal competitive purchasing procedure. (d) City Engineer Approval: The city engineer shall review and approve the working details, drawings, plans and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the City's liability for dangerous conditions of public property. (e) City Council Approval: The City Council shall review and approve the working details, drawings, plans and specifications prepared for every public project of more than seventy- five thousand dollars ($75,000). (f) Award: Contracts for public projects of twenty-five thousand dollars or less, if awarded, may be awarded in the best interests of the City. Contracts for public projects of more than twenty-five thousand dollars ($25,000), if awarded, shall be awarded to the lowest RVPUMSRCM1156 9 responsive and responsible bidder. If two (2) or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. 2-516 Maintenance projects and other general services bidding and contracting. (a) Less than 10, 000: Maintenance work and other general services projects of less than ten thousand dollars ($10,000) may be bid out by any alternative purchasing procedure. A department head may award a contract for less than five thousand dollars ($5,000). Contracts between five thousand ($5,000) and nine thousand nine hundred and ninety-nine dollars ($9,999) are subject to city manager approval. (b) $10,000 - $24,999: Maintenance work and other general services projects of between ten thousand dollars ($10,000), and twenty-four thousand nine hundred and ninety-nine dollars ($24,999) shall, except as otherwise provided in this article, be awarded by the City Council pursuant to the Azusa informal or alternative purchasing procedure. (c) $25, 000 or more: Maintenance work and other general services projects of more than seventy-five thousand dollars ($25,000) shall, except as otherwise provided in this article, be awarded by the City Council pursuant to the Azusa formal competitive purchasing procedure. (d) City Engineer Approval: The city engineer shall review and approve the working details, drawings, plans and specifications prepared for every maintenance work and other general services project which may affect the 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 the working details, drawings, plans and specifications prepared for every maintenance work and other general services project. (f) City Council Approval: The City Council shall review and approve the working details, drawings, plans and specifications prepared for every maintenance work and other general services project of more than twenty-five thousand dollars ($25,000). (g) Award: Contracts for maintenance work and other general services projects of twenty-five thousand dollars or less, if awarded, may be awarded in the best interests of the City. Contracts for maintenance work and other general services projects of twenty-five thousand dollars ($25,000) or more, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two (2) or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. (h) Five Year Term Limitation: No maintenance work or other general services contract shall extend for a period of more than five (5) years, including any authorized extensions. RVPUBISR0521156 2-517 Professional services bidding and contracting. (a) Less than $5, 000: Professional services contracts of less than five thousand dollars ($5,000) may be awarded by the director of the using department by any alternative purchasing procedure., (b) $5,000 - $9,999: Professional services between five thousand dollars ($5,000), but less than or equal to nine thousand nine hundred and ninety-nine dollars ($9,999) may, except as otherwise provided in this article, be awarded by the city manager pursuant to any alternative purchasing procedure. (c) $10, 000 or more: Professional services contracts of more than ten thousand dollars ($10,000) shall, except as otherwise provided in this article, be awarded by the City Council. Formal requests for qualifications shall be obtained for contracts of ten thousand dollars ($10,000) or more. This subsection shall also apply to all contracts that are proposed to be amended, extended or renewed in a manner whereby the aggregate amount of the service fees paid by the City to the contractor in any given fiscal year equals ten thousand dollars ($10,000) or more. (d) Particular Types of Professional Services Contracts: Notwithstanding anything to the contrary in this Section, professional services contracts of any dollar amount for significant projects within the jurisdiction of a committee of City Council members shall be awarded only by the City Council. (e) Purchasing Officer Approval: The purchasing officer, or his or her designee, shall review and approve the scope of services prepared for every professional services contract. (f) City Council Approval: The City Council shall review and approve the scope of services prepared for every professional services contract of twenty thousand dollars or more ($20,000). (g) Award: Contracts for professional services may, if awarded, be awarded in the best interests of the City. 2-518 Supplies and equipment bidding and contracting. (a) Less than 10, 000: Purchases of supplies and equipment of less than ten thousand dollars ($10,000) may be bid out by any alternative purchasing procedure. A department head may award a contract for less than five thousand dollars ($5,000). Contracts between five thousand ($5,000) and nine thousand nine hundred and ninety-nine dollars ($9,999) are subject to city manager approval. RVPUB\SR0521156 8 0 0 (b) $10,000 - $24,999: Purchases of supplies and equipment of between ten thousand dollars ($10,000), and twenty-four thousand nine hundred and ninety-nine dollars ($24,999) shall, except as otherwise provided in this article, be awarded by the City Council pursuant to the Azusa informal or alternative purchasing procedure. (c) $25, 000 or more: Purchases of supplies and equipment of more than twenty-five thousand dollars ($25,000) shall, except as otherwise provided in this article, be awarded by the City Council pursuant to the Azusa formal competitive purchasing procedure. (d) Department Director Approval: The director of the using department shall review and approve the plans and specifications prepared for every purchase of supplies or equipment. (e) Purchasing Officer Approval: The purchasing officer,, or his or her designee, shall review and approve all contracts for the purchase of supplies or equipment. (f) City Council Approval: The City Council shall review and approve the plans and specifications prepared for every purchase of supplies or equipment of more than twenty-five thousand dollars ($25,000). (g) Award: Contracts for the purchase of supplies or equipment of twenty-five thousand dollars or less, if awarded, may be awarded in the best interests of the City. Contracts for the purchase of supplies or equipment of more than twenty-five thousand dollars ($25,000), if awarded, shall be awarded to the lowest responsive and responsible bidder. If two (2) or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. 2-519 Azusa formal competitive purchasing procedure. (a) Uses of Azusa Formal Competitive Purchasing Procedure: A formal purchasing procedure shall be used whenever formal competitive bidding is allowed for a purchase which does not involve a public project. The process shall involve the distribution of notices (b) Distribution of Notice Inviting Formal Bids: The notice inviting formal bids shall be provided to at least three (3) vendors or contractors, and the City shall endeavor to receive formal bids from at least three (3) vendors or contractors. . (c) 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 bids; and (4) include any other information required by state or local law, as determined by the city attorney. Bids for purchases of more than twenty-five thousand dollars ($25,000) shall be sealed bids. (d) Proprietary Projects or Sole Source Products: If the director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary RVPUB\SRC\521156 9 in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the notice inviting formal bids may be sent exclusively to such vendor(s) or contractor(s). (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. (0 City's Authority: The City may reject any or all bids received, and may waive any minor irregularities in each bid received. (g) No Bids Received: If no bids are received, the authorized contracting party may award the contract by any alternative purchasing procedure. 2-520 Public project informal competitive purchasing procedure. (a) Uses of Public Project Informal Competitive Purchasing Procedure: This informal purchasing procedure shall be used whenever informal competitive bidding is allowed for a purchase which involves a public project. (b) Contractor List: The purchasing officer shall maintain a list of qualified contractors, identified according to categories of work, as described in Section 22034(a) of the Act. The list shall be developed and maintained in accordance with criteria established by the commission. In developing the list, the purchasing officer shall obtain from the Contractor's State License Board and from the contractor's trade associations in the county, the names and addresses of qualified contractors located in the county. (c) Distribution of Notice Inviting Informal Bids: The notice inviting informal bids shall be mailed to either or both of the following: (1) all contractors on the qualified contractors list maintained pursuant to subsection (A) above; and/or (2) all construction trade journals specified in Section 22036 of the Act. The notice inviting informal bids must be mailed not less than (10) calendar days before the bids are due. (d). Contents of Notice Inviting Informal Bids: At a minimum, the notice inviting informal 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) 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 RVPUB\SRQ521156 10 0 are available, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (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) No Bids Received: If no bids are received, the authorized contracting party may award the contract by any alternative purchasing procedure. 2-521 Public Project formal competitive purchasing procedure. (a) Uses of Formal Competitive Purchasing Procedure: This formal purchasing procedure shall be used whenever formal competitive purchasing is required for a public project. (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 California Public Contract Code, California Government Code, California 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. RVPUB\SRC\521156 I I 0 0 (g) No Bids Received: If no bids are received, the authorized contracting party may award the contract by any alternative purchasing procedure. (h) The contract shall be awarded to the lowest responsible bidder. 2-522 Using alternative purchasing procedures for public projects. Competitive purchasing, either formal or informal, is not.required for public projects in the situations provided for in this section. Under such conditions, an alternative purchasing procedure 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 California 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 California 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) No Competitive Market: When the authorized contracting party determines that a competitive market does not exist, such as, but not limited to, when the needed supplies, services and equipment are proprietary and can only be provided by one source. RVPU1RSRC\521156 12 0 0 (c) 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. (d) State Purchase: When the purchase is made on behalf of the City by the State Department of General Services. (e) No Bids Received: When no bids are received pursuant to either the public project informal competitive purchasing procedure or the formal competitive purchasing procedure. (f) Otherwise Authorized by this Article: When otherwise authorized by this article. 2-523 Using alternative purchasing procedures for purchases not involving public projects. Competitive purchasing, either formal or informal, is not required in the situations provided for in this section, for a project which is not a public project. Under such conditions, any alternative purchasing procedure, including no bidding, may be used upon the city manager's approval. (a) Emergencies: In situations determined by the authorized contracting party to constitute an emergency, as defined in Section 2-511. (b) Professional Services: When purchasing professional services. (c) Computers: When purchasing computer software, hardware maintenance services or software maintenance services. (d) 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. (e) 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. (f) State Purchase: When the purchase is made on behalf of the City by the State Department of General Services. RVPUH\SRC\521156 13 0 (g) Purpose Of Bidding Is Otherwise Accomplished: When the city manager determines that it is in the best interest of the City and its administrative operations, due to safety concerns, to dispense with public bidding for non public projects under this article. Prior City Council concurrence with the city manager's determination shall be required for non public project purchases of over $25,000 which are not to be subject to bidding. (h) No Bids Received: When no bids are received pursuant to either the Azusa informal competitive purchasing procedure or the formal competitive purchasing procedure. (i) Otherwise Authorized by this Article: When otherwise authorized by this article. 2-524 Local preference A "local vendor" means a firm or individual who for at least twelve consecutive months has regularly maintained a place of business in, or maintained an inventory of merchandise for sale in, and who pays appropriate business permit/license fees to, the City. With respect to those bids relating to the purchase of items subject to state sales, tax, the term "lowest responsible bidder" is .deemed to include a one percent discount for local vendors in the computation of bids in order to reflect the financial advantages that accrue to the City by the award of a bid to a local vendor. The City shall also consider the cost to the City to pick up supplies and equipment at some . distance from the City, to obtain parts and supplies and to transport such items for repair and maintenance in the computations used to award contracts. 2-525 Surplus supplies and equipment. All using agencies shall submit to the purchasing officer, at such times and in such form as he/she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out. (a) The purchasing officer shall have authority to sell as surplus all supplies, materials 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, materials and equipment. The sale of surplus supplies and equipment shall be made pursuant to rulesprescribed by the city manager, and only after authorization from the City Council as to any items of an estimated value of $10,000 or more. (b) Surplus supplies and equipment may be sold to the public if so prescribed by the city manager and/or the City Council. City officials and employees, and their immediate families, however, shall be eligible to purchase such surplus items." RVPUB\SRC\521156 14 2-526 City manager authorization to execute contracts Pursuant to the California Government Code, the Mayor must execute all contracts on behalf of the City, unless another city officer or employee is authorized to do so. The city manager and his or her designees as explicitly set forth in this article and the administrative policies implementing this article are hereby authorized to execute contracts on behalf of the City. 2-527 Reporting to the City Council onexecutedcontracts All contracts subject to and actually approved by a department head, the finance director or the city manager shall be reported to the City Council as a supplement to the bi- monthly warrant register. SECTION 2: If any provision or clause of this Ordinance or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinance are declared to be severable. SECTION 3: This Ordinance shall be in full force and effect thirty (30) days after its passage. law. SECTION 4: A summary of this Ordinance shall be published in the manner required by PASSED, APPROVED AND ADOPT$p this 2 id day of Aust= 1999. Approved as to Form: TY ATTORNEY RVPUMSR0521156 15 YOR 0 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 99-014 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of July , 1999, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of August , 1999, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID COUNCILN EMBERS: NONE COUNCILMEMBERS: NONE APPROIEPASTO FORM: ity Attorney RVPU13\SR0521156 16 ldly %-WrK