HomeMy WebLinkAboutAgenda packet - July 20, 2015 - CC or
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AZUSA
DECLARATION OF POSTING CITY COUNCIL,
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY,
AND PUBLIC FINANCING AUTHORITY AGENDA
I, 1 Y 1pre declare that I am an employee of the City of Azusa. On
:S-\)\k) ZU t at •U1 PYVV the agenda for the meeting
of 3-V1 j-il 1 ZU 1 '7 , was posted in the City Clerk's Office,
213 E. Foothill Blvd.; the lobby of the Police Department, 725 N. Alameda Ave.; the Civic
Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and the and the City's
Web Page www.ci.azusa.ca.us.
Access to the agenda posted in the lobby of the Police Department and the Azusa City Library
reference desk is available to members of the public during their normal business hours.
The foregoing is within my personal knowledge and if called as a witness in a court of law, I
could testify competently thereto.
I declare under penalty of perjury that the forgoing is true and correct.
EXECUTED J\A �' Zd , at Azusa, California.
/
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CITY CLERK'S OFFICE
CITY OF AZUSA
APPROVED
COUNCIL MEETING
Date,
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CONSENT CALENDAR
E-2
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: AMELIA AYALA, DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT
VIA: TROY BUTZLAFF, ICMA-CM, CITY MANAGER
DATE: JULY 20, 2015
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION:
It is recommended that the City Council approve the following Personnel Action Requests in accordance
with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s).
BACKGROUND:
On July 14, 2015, the Personnel Board confirmed the following Department Head's recommendation
regarding the following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION TYPE OF ACTION/ RANGE/STEP
EFFECTIVE DATE BASE MO,
SALARY
Community and Myrna Bohorquez Building Technician Merit Increase 4174/4
Economic 7/9/2015 $4,666.89
Development
Utilities Melissa Barbosa Engineering Associate Merit Increase 4222/5
3/25/2015 $7,754.25
Utilities Alicia Holmes Administrative Analyst Merit Increase 4192/5
6/5/2015 $5,807.46
Utilities Talika M. Johnson Utilities Administrative Merit Increase 3213/5
and Fiscal Services 4/15/2015 $8,325.35
Manager
•
B. NEW APPOINTMENT: The following appointments have been requested by department heads
pursuant to the Rules of The Civil Service System.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE RANGE/STEP
BASE MO.
SALARY
Police Ryan D'Angelo Police Officer Trainee Pending successful 6184/1
completion of background $4,855.19
and medical exam
FISCAL IMPACT:
There is no fiscal impact, as positions listed are funded in approved department budgets.
T
APPROVED
COUNCIL MEETING
Date, 7/tr- ork›:
AZUS
CONSENT ITEM
E-3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ART VASQUEZ, CITY TREASURER
DATE: JULY 20, 2015
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT
BALANCES FOR THE MONTH OF MAY 2015
RECOMMENDATION:
It is recommended that the Council Members receive, review, and file the City Treasurer's
Report for the City of Azusa for the month of May 2015.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa
for the month of May 2015. City investments are made in accordance with the City's
Investment Policy adopted and approved with Resolution No. 05-C16 dated, February 22, 2005,
and Government Code Section 53600 et seq.
FISCAL IMPACT:
The balances of cash, investments, and projected revenues for the next six months are expected
to be sufficient to meet cash disbursement requirements of the City for at least the next six
months.
The change in total cash in bank and investments (at cost) from April 30, 2015 to May 31, 2015
is a net increase of$2,833,186.10.
The change in total cash in bank and investments (at market) from April 30, 2015 to May 31,
2015 is a net increase of$2,836,534.53.
CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer
May 31,2015
Market Price
Coupon Maturity Settlement Market Interest Received Fiscal
Broker Face Amount Description Acct/Cusip No. Principal** .(Changes
Rate Date Date Monthly) Value*** Year to Date*
City of Azusa Investments - AAA Rated Federal Agency Bonds
BONDS CALLED OR MATURED DURING FISCAL YEAR 135,230.55
Gilford Sec 1,000,000 FFCB 0.770 6/15/17 0.770% 06/15/17 3133EC5L4 12/05/12 999,300.00 99.957 999,570.00 3,850.00
Gilford Sec 1,000,000 FFCB 0.900 12/26/17 0.900% 12/26/17 3133ECB45 12/26/12 999,500.00 99.835 998,350.00 4,500.00
Gilford Sec 1,000,000 FFCB 0.980 09/18/17 0.980% 09/18/17 3133EAX29 09/20/12 1,000,000.00 99.818 998,180.00 9,800.00
Gilford Sec 1,000,000 FFCB 1.030 3/12/18 1.030% 03/12/18 3133ECHS6 03/12/13 1,000,000.00 99.649 996,490.00 10,300.00
RBC Dain Rauscher 1,000,000 FFCB 1.050 3/14/18 1.050% 03/14/18 3133ECI39 03/14/13 999,500.00 99.988 999,880.00 10,500.00
Gilford Sec 1,000,000 FHLB.085 07/24/17 0.850% 07/24/17 313380WR4 10/24/12 1,000,000.00 99.790 997,900.00 8,500.00
Gilford Sec 1,500,000 FHLB 0.800 05/23/17 0.800% 05/23/17 313381AN5 11/23/12 1,500,000.00 99.898 1,498,470.00 12,000.00
Gilford Sec 1,000,000 FHLB 0.850 08/15/17 0.850% 08/15/17 313381Z24 02/15/13 1,000,000.00 99.919 999,190.00 8,500.00
Gilford Sec 1,000,000 FHLB 0.980 11/15/17 0.980% 11/15/17 3133817D1 11/15/12 1,000,000.00 99.865 998,650.00 9,800.00
WFB 1,000,000 FHLB 1.00001/30/18 1.000% 01/03/18 313381TW5 01/30/13 1,000,000.00 99.845 998,450.00 10,000.00
Higgins 1,000,000 FNMA 1.050 05/25/18 1.050% 05/25/18 3135GOXK4 05/30/13 1,000,000.00 98.800 988,000.00 10,500.00
Gilford/Steme Agee 1,000,000 FHLMC 2.000 5/28/20 2.000% 05/28/20 3134G6G56 05/28/15 1,000,000.00 100.085 1,000,850.00
Gilford/Steme Agee 1,000,000 FNMA 2.00 08/28/19 2.000% 08/28/19 3136G23X3 08/28/14 1,000,000.00 100.113 1,001,130.00 10,000.00
Gilford/Steme Agee 1,000,000 FHLB 2.00 12/30/19 2.000% 12/30/19 3130A3MR2 12/30/14 1,000,000.00 100.139 1,001,390.00
Gilford/Steme Agee 1,000,000 FHLMC 2.000 5/28/20 2.000% 05/28/20 3134G6G64 05/28/15 999,750,00 100.197 1,001,970.00
Gilford/Steme Agee 1,000,000 FFCB 1.850 1/23/20 1.850% 01/23/20 3133EELK4 01/27/15 1,000,000.00 99.691 996,910.00
Gilford/Steme Agee 1,000,000 FNMA 2.00 1/15/20 2.000% 01/15/20 3136G2BM8 01/15/15 1,000,000.00, 100.779 1,007,790.00
Multi-Bank Sec 1,000,000 FNMA 1.875 2/13/20 1.875% 02/13/20 3135G0B93 02/13/15 997,050.00 100.087 1,000,870.00
Multi-Bank Sec 1,000,000 FNMA 2.000 5/27/20 2.000% 05/27/20 3136G2K30 05/27/15 1,000,000.00 100.455 1,004,550.00
RBC Dain Rauscher 1,000,000 FHLMC 2.00 4/27/20 2.000% 04/27/20 3134G6RU9 04/27/15 1,000,000.00 99.780 997,800.00
Multi-Bank Sec 1,000,000 FHLB 2.050 3/30/20 2.050% 03/30/20 3130A4J94 03/30/15 1,000,000.00 100.136 1,001,360.00
Gilford/Steme Agee 1,000,000 FHLB 2.10 3/30/20 2.100% 03/30/20 3130A4K84 03/30/15 1,000,000.00 100.140 1,001,400.00
Gilford/Steme Agee 1,000,000 FNMA 2.000 2/27/20 2.000% 02/27/20 3135G0084 02/27/15 1,000,000.00 100.214 1,002,140.00
TOTALS 41,200,000 23,495,100.00 23,491,290.00 243,480.55
WFB-CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.070% N/A N/A N/A 1,811,082.26 100.000 1,811,082.261 896.78
LAIF-CITY I LOCAL AGENCY INVESTMENT FUND I 0.290% I N/A I N/A I N/A I 29,369,295.751 100.000 I 29,369,295.751 9,697.42
CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer
May 31,2015
Market Price
Coupon Maturity Settlement Market Interest Received Fiscal
Broker Face Amount Description Acct/Cusip No. Principal** (Changes *** *
Rate Date Date Value Year to Date
Monthly)
Light&Water Fund Investments - AAA Rated Federal Agency Bonds
BONDS CALLED OR MATURED DURING FISCAL YEAR 18,296.15
Gilford Sec 1,000,000.00 FFCB 0.73003/13/17 0.730% 03/13/17 3133ECHG2 03/13/13 1,000,000.00 99.892 998,920.00 7,300.00
WFB 1,000,000 00 FFCB 0.620 10/24/16 0.620% 10/24/16 3133EA5V6 10/24/12 1,000,000.00 99.934 999,340 00 6,200 00
Gilford Sec 1,000,000.00 FFCB 0.820 07/11/17 0.820% 07/11/17 3133EA4H8 10/12/12 999,000.00 99.662 996,620.00 8,200.00
Gilford Sec 1,000,000.00 FFCB 0.980 09/18/17 0.980% 09/18/17 3133EAX29 09/18/12 1,000,000.00 99.818 998,180.00 9,800.00
Gilford Sec 1,000,000.00 FHLB 1.000 02/27/18 1.000% 02/27/18 3133823D3 02/27/13 1,000,000.00 99.726 997,260.00 10,000.00
Multi-Bank Sec 1,000,000.00 FNMA 1.875 2/19/20 1.875% 02/19/20 3135G0050 02/19/15 1,000,000.00 100.218 1,002,180.00
Multi-Bank Sec 1,000,000.00 FHLMC 2.050 3/117/20 2.050% 03/17/20 3134G6HB2 03/17/15 1,000,000.00 100.072 1,000,720.00
Higgins Capital 1,000,000.00 FHLB 0.90006/20/18 0.900% 06/20/18 313383EM9 06/20/13 994,500.00 99.915 999,150 00 4,500.00
TOTALS 8,000,000.00 7,993,500.00 7,992,370.00 64,296.15
WFB-L&W THIRD PARTY CUSTODIAL TRUST ACCT 0.070% N/A N/A N/A 1,250,736.13 100.000 1,250,736.13 592.64
Market Price Market Interest Received Fiscal
CITY OF AZUSA and LIGHT&WATER RATE STABLIZATION Principal** (Changes Value*** Year to Date*
Monthly)
TOTAL INVESTMENTS IN FEDERAL AGENCIES,Corp Bonds,CD's,WFB INSTITUTIONAL TRUSTS,and LAIF 70,321,979.14 70,349,591.66 377,506.83
*The Interest reflects earnings received from July 1,2014.
**The"Principal"column reflects the balance on the last day of the month or the"historical cost"spent to purchase a security.
***The"Market Value" is the current price at which a security can be traded or sold.
Page 5
CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer
Treasury Checking Accounts and Certificates of Deposit May 31,2015
Held in Wells Fargo Bank
Interest or Balance
Face Maturity Account Number
Coupon Description or
Amount. Date Rate or CUSIP Market Value
Checking Accounts
General Checking Account XXX-XXX1244 94,916.00
Stagecoach Sweep Account DDA XXX-XXX1244 2,930,561.45
Worker's Compensation Checking(ZBA account) XXXX-XX3279 0.00
Payroll Checking(ZBA account) XXXX-XX1393 0.00
Police Detective Petty Cash Fund XXX-XXX2231 3,109.06
Section 108
0.020% Choice IV-Public Fund Account XXX-XXX2239 30,520.25
Covington Endowment
WFB Advantage Heritage Money Market Fund(rated AAAm/Aaa) WFB XXXX7554 2,018.52
100,000 05/30/17 1.100% Certificate of Deposit Goldman Sachs Bank Matures 5/30/17 CUSIP 38147JC75 100,330.90
Sewer Bond Fund
WFB Advantage Heritage Money Market Fund(rated AAAm/Aaa) WFB XXXX1829 20,510.60
250,000 03/28/17 0.750% Certificate of Deposit Georgia B&T Matures 3/28/17 CUSIP 373128EC7 249,701.75
Philleo TR FBO Azusa
WFB Money Market Fund WFB XXXX8700 7,484.83
Investments In Fixed Income.Equities,Real Asset Funds&Other 165,863.09
TOTALS WELLS FARGO BANK ACCOUNTS 3,605,016.45
Page 1
CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer
May 31,2015
Market Price
Coupon Maturity Settlement Market Interest Received Fiscal
Broker Face Amount Description Rate Date Acct/Cusip No. Date Principal** (Changes Value*** Year to Date*
Monthly)
City of Azusa Investments - Certificates of Deposit-FDIC Insured
CERTIFICATES OF DEPOSIT SOLD OR MATURED DURING FISCAL YEAR 13,655.79
245,000.00 American Express Bank,FSB 2.050% 07/31/19 02587CAM2 07/31/14 245,000.00 101.156 247,832.20 2,531.89
RBC Dain Rauscher 245,000.00 American Expr Centurion 2.000% 11/28/18 02587DWJ3 11/28/14 245,000.00 101.725 249,226.25 2,429.86
Multi Bank Securities 205,000.00 BMW Bank 2.150% 12/10/19 05580AAZ7 12/10/14 205,000.00 101.613 208,306.65
Higgins/RBC 245,000.00 Bank BarodaNew York 1.100% 12/27/16 06062ACV9 12/26/13 245,000.00 100.745 246,825.25 1,351.19
Wachovia Sec 200,000.00 Bank Hapoalim NY 1.000% 07/24/15 06251AYD6 07/24/12 200,000.00 100.142 200,284.00 2,000.00
Wachovia Sec 200,000.00 Barclays Bank of Delaware 1.600% 01/11/16 06740KFS1 01/11/12 200,000.00 100.885 201,770.00 3,191.24
Multi Bank Securities 245,000.00 Capital One Bank 2.000% 11/05/19 140420QN3 11/05/14 245,000.00 101.216 247,979.20 2,429.86
Multi Bank Securities 245,000.00 CIT Bank SLC 2.150% 11/19/19 17284C3Q5 11/19/14 245,000.00 101.207 247,957.15 2,612.10
Multi Bank Securities 245,000.00 Comenity Cap Bank 1.850% 10/09/18 20033AHA7 10/16/14 244,265.00 100.534 246,308.30 2,520.80
Multi Bank Securities 245,000.00 First Bank of Highland Park 2.000% 11/05/19 319141CY1 11/050/14 245,000.00 100.298 245,730.10 2,429.86
Multi Bank Securities 247,000.00 Goldman Sachs Group,Inc. 2.100% 01/21/15 38148JHQ7 01/21/20 247,000.00 101.384 250,418.48
WFB 200,000.00 JP Morgan Chase 0.500% 02/16/16 48124JSS8 02/15/13 200,000.00 100.047 200,094.00 997.26
Wachovia Sec 200,000.00 Merrick Bank South Jordan UT 0.900% 01/25/16 59012YU96 07/25/12 200,000.00 100.613 201,226.00 1,647.16
Wachovia Sec 200,000.00 Safra National Bank 0.800% 06/29/15 786580T83 07/28/12 200,000.00 100.076 200,152.00 802.19
Wachovia Sec 200,000.00 Sallie Mae Bank Murray UT 1.100% 08/10/15 795450NT8 08/08/12 200,000.00 100.184 200,368.00 2,200.00
Multi Bank Securities 245,000.00 State Bank of India 1.700% 05/28/19 856283YJ9 05/28/15 245,000.00 99.966 244,916.70 1,253.42
Multi Bank Securities 245,000.00 Synchrony Bank 1.900% 04/24/15 87165FGF5 04/24/20 245,000.00 100.152 245,372.40 (63.77)
Gillford/Stem Agee 248,000.00 ,Third Federal Sav&Loan 2.000% 11/25/19 88413QAW8 11/24/14 248,000.00 101.148 250,847.04 2,459.62
Wachovia Sec 245,000.00 Webster Bank NA 1.000% 12/12/17 94768NJD7 12/12/12 245,000.00 101.232 248,018.40 1,228.36
Wachovia Sec 245,000.00 Wells Fargo Bank WFCO 0.950% 02/28/18 94986TMB0 02/27/13 245,000.00 100.504 246,234.80 2,327.51
TOTALS 6,485,000.00 4,594,265.00 4,629,866.92 48,004.34
Page 2
CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer
May 31,2015
Market Price
Coupon Maturity Settlement Market Interest Received Fiscal
Broker Face Amount Description Acct/Cusip No. Principal** (Changes
Rate Date Date Monthly) Value*** Year to Date*
City of Azusa Investments - AAA Rated Corporate Bonds
BONDS CALLED OR MATURED DURING FISCAL YEAR 0.00
Gilford/Sterne Agee 1,000,000 Apple 1.00 5/03/18 1.000% 05/03/18 037833AJ9 04/27/15 998,000 00 99.110 991,100.00 166.67
TOTALS 1,000,000 998,000.00 991,100.00 166.67
Page 3
CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer
May 31,2015
Market Price
Coupon Maturity Settlement Market Interest Received Fiscal
Broker Face Amount Description Rate Date Acct/Cusip No. Date Principal** (Changes Value*** Year to Date*
Monthly)
Light&Water Fund Investments - Certificates of Deposit-FDIC Insured
CERTIFICATES OF DEPOSIT SOLD OR MATURED DURING FISCAL YEAR 5,420.65
Higgins/RBC 245,000.00 Bank Baroda New York 1.100% 12/27/16 06062ACV9 12/24/13 245,000.00 100.745 246,825.25 1,351.19
Wachovia Sec 40,000.00 Bank Hapoalim NY 1.000% 07/24/15 06251AYD6 07/24/12 40,000.00 100.142 40,056.80 400.00
Wachovia Sec 40,000.00 BMW Bank of NA 1.350% 04/27/16 05568PW45 04/27/12 40,000.00 100.844 40,337.60 540.00
Multi National Bank 245,000.00 Discover Bank 1.900% 05/06/20 254672NC8 05/06/15 245,000.00 100.099 245,242.55
Wachovia Sec 200,000.00 GE Capital Financial Inc. 1.250% 05/18/16 36160XD87 _ 05/18/12 200,000.00 100.679 201,358.00 2,500.00
Wachovia Sec 40,000.00 Safra National Bank 0.800% 06/29/15 786580T83 07/28/12 40,000.00, 100.076 40,030.40 160.44
TOTALS 565,000.00 810,000.00 813,850.60 10,372.28
Page 4
APPROVED
COUNCIL MEETING
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Azul
CONSENT ITEM
E-5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: SAM GONZALEZ, CHIEF OF POLICE
DATE: July 20, 2015
SUBJECT: PURCHASE OF DISPATCH FURNITURE
SUMMARY:
The State of California provides direct funding to police departments for the replacement of the
9-1-1 telephone system and supporting components based on a fiscal review completed every 5
years. Based on the state's evaluation of Azusa's recent 9-1-1 emergency call volume, the City
has been allotted $294,794.98. This action approves the purchase of four (4) workstations from
Russ Bassett in the amount of$73,777.36.
RECOMMENDATION:
It is recommended that the City Council take the following action:
1) Approve the purchase of dispatch furniture for four (4) workstations from Russ
Bassett in the amount of$73,777.36.
DISCUSSION:
The dispatch furnishings currently utilized for the four workstations in the Police Department's
Communication Center are seven years old and in need of replacement. These workstations are
used 24/7/365 and while on the surface they have retained much of their aesthetic appeal, the
adjustable height legs and controlling components of them have failed numerous times. The
repairs have proven to be costly and difficult requiring out of state coordination with the
shipping of parts and scheduling of outside contractors to make the repairs once we were no
longer under warranty.
Russ Bassett is a Southern California company with its factory and offices located in Whittier,
CA. There has been much advancement in regards to the overall design of dispatch workstations
Approve Purchase of Dispatch Furniture
July 20, 2015
Page Two
within the last seven years and the proposed new workstations have improvements such as
improved adjustable monitor placement and desk top docking ports. This furniture procurement
will improve the working conditions for our public safety dispatchers and enhance their
efficiency with the more "user friendly" furniture design and components. Further, since Russ
Basset is a local company, the customer support and maintenance issues we encountered with the
previous out of state company should no longer be issues. Several local police departments
including Covina, Irwindale, and Garden Grove recently purchased similar workstations from
Russ Basset and are very satisfied with the product.
This purchase is over the $25,000.00 threshold for purchasing equipment and normally would
require a formal competitive purchasing procedure. However, under City of Azusa Municipal
Code (AMC), Section 2-523 (e) — Competitive purchasing, either formal or informal, is not
required in the situations where the competitive bid process has already been completed through
a California Multiple Award Schedule (CMAS) contract and the price to the City is equal to or
better than the price available. Russ Bassett and the items to be purchased from them are under
CMAS Contract#4-08-71-0077C.
FISCAL IMPACT:
Funds for this project total $73,777.36. The State of California will be direct billed for
$61,362.86 utilizing CMAS contract #4-08-71-0077C. The remaining $12,414.50 will be paid
by the City and will be fully reimbursed by the California Governor's Office of Emergency
Services.
Prepared by: Reviewed and Approved by:
Tamara Patlogar, Sam Gonzalez
Police Department Communications Supervisor Chief of Police
Reviewed and Approved:
Troy L. Butzlaff, ICMA-CM
City Manager
� 1
APPROVED
COUNCIL MEETING
Dale
II VD( {5' 4 —
AZUSA
CONSENT ITEM
E-12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: AMELIA AYALA, DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT
DATE: JULY 20, 2016
SUBJECT: ADOPT RESOLUTION 2015-C36 APPROVING THE CITY OF AZUSA
COMPENSATED ABSENCES REDUCTION PROGRAM
SUMMARY:
Compensated absences are absences for which employees will be paid, such as vacation, and sick leave.
Under Government Accounting Standards Board (GASB) Statement No. 16 the City is required to report
annually the value of all compensated absences for employees in its Comprehensive Annual Financial
Report(CAFR). Currently, the total value of compensated absences for all employees is $4.6 Million as
of Fiscal Year 2013-14. The City has not set aside any funds to cover compensated absences and
generally pays employees for their compensated absences as they leave service. This approach can lead
to cash flow issues especially if more than one person leaves service within the same fiscal year. In
order to provide reduce the cash flow burden of having to pay out compensated absences when an
employee separates from service and to give the City time to fund its compensated absences, Staff has
been exploring several financing options. Mid America Administrative and Retirement Solutions, Inc.,
through Envoy Plan Services, Inc., offers a program that will help reduce the City's liability of accrued
leave bank hours. The Compensated Absences Reduction Program is deemed a Special Pay Plan by
Envoy and is an approved 401(a) plan by the Internal Revenue Service. This action approves a
resolution enabling the City to participate in the Compensated Absences Reduction Program.
RECOMMENDATION:
It is recommended that the City Council take the following action:
1) Adopt Resolution No. 2015-C36 Titled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA APPROVING THE CITY OF AZUSA COMPENSATED ABSENCES
REDUCTION PROGRAM
Adopt Resolution Approving a Compensated Absences Reduction Program
July 20, 2015
Page Two
DISCUSSION:
As the City continues to explore progressive and innovative means to help reduce the financial burdens
that are currently borne by the City when an employee separates from service, Staff is presenting for
Council consideration a Compensated Absences Reduction Program ("Program"). This Program allows
employees to contribute unused bank hours into a retirement savings plan. The current proposal would
require the entire unrepresented group of Department Heads, which is comprised of nine (9) employees,
to contribute:
• 20%of current accrued unused leave bank paid into the Program in equal annual amounts
over 5 years
• Annually 100%of one ten (10) hour floating holiday
• Annually 100%of all accrued unused vacation, sick, and/or compensation leave bank in
excess of CAP
• 100%of all accrued unused leave bank on the date of employees' separation from service
from the City
The funds would be invested in a fixed interest annuity with American United Life Insurance Company,
a One America Financial Partner (AUL). The guaranteed interest rate in 2015 is 2.00%; which will be
adjusted annually each January. Thereafter, the interest rate is guaranteed never to fall below the
standard NAIC rate. The interest guarantees are based on the claims paying ability of AUL, rated A
(Excellent).
Envoy Plan Services exclusively serves school districts and municipalities and is the only known
provider of this particular plan.
FISCAL IMPACT:
This Program will not only lower the City's long-term financial liability for compensated absences, but
will significantly reduce the annual cash flow burden on the General Fund by enabling the City to fund
an employee's bank of compensated absences over time. The City administrative costs for the program
will be $20 dollars per participant per year, with administrative costs totaling $180 dollars per year for
all current participants. Upon separation, the entire $20 dollars per year administrative cost will be
borne by the employee.
At this time the unrepresented group of Department Heads has agreed to participate in the Program.
Additional groups may be added in the future through negotiations and City Council approval.
Prepared by: Reviewed and Approved:
Amelia Ayala Troy L. Butzlaff, ICMA-CM
Director of Human Resources & Risk Management City Manager
Attachment:
1) Resolution No. 2015-C36
RESOLUTION NO. 2015-C36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
FOR COMPENSATED ABSENCES REDUCTION PROGRAM
WHEREAS, employees of the City of Azusa are paid leave bank and floating holiday
hours accrued and not used, including at the time of retirement or resignation; and
WHEREAS, such payments are subject to Social Security taxes and Federal and State
taxes at the supplemental rate; and
WHEREAS, these leave bank payments can be deposited in an IRC Section 401(a)
Special Pay Plan (the Plan) as an employer contribution; and
WHEREAS, the employee groups that have agreed to participate in this plan will do so
effective on or after August 1, 2015; and
WHEREAS, the employee groups not participating as of August 1,2015 may elect,at a
later date,to participate in the plan; and
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the
establishment of a Compensated Absences Reduction Program (401(a) Special Pay Plan)
through Envoy Plan Services, Inc., with plan administration provided by Mid America
Administrative and Retirement Plan Solutions, Inc.
RESOLVED FURTHER that a copy of this Resolution shall be provided to Envoy Plan
Services.
PASSED,APPROVED and ADOPTED this 20th day of July, 2015.
/, /( /L /2V
J eph omero Rocha
ayor
ATTEST:
fes' '�,8, .a�_r� r
rfr- ./1" ce Cornejo r. F
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2015-C36 was duly adopted by the
City Council of the City of Azusa at a regular meeting thereof, held on the 20th day of July, 2015,
by the following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
�% i.-i. ♦x_-7.4.
�"Jr- . ��'ce Cornejo, ., /
City Clerk
APPROVED AS TO FORM:
Best Be & Krieger, L P
City Att rney
APPROVED
COUNCIL MEETING
Date, 112,0 k t S —
* 4414
44.
AZUSA'<'
ORDINANCES/RESOLUTIONS
F-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: MARCO A. MARTINEZ, CITY ATTORNEY
SUSAN PARAGAS, FINANCE DIRECTOR
DATE: JULY 20, 2015
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2015-06
AMENDING AND RESTATING ARTICLE VII, CHAPTER 2 OF THE AZUSA
MUNICIPAL CODE RELATING TO BIDDING, CONTRACTING AND
PURCHASES OF PROJECTS, SUPPLIES, SERVICES AND EQUIPMENT
SUMMARY:
At the last Council meeting held July 7, 2015, the City Council introduced and conducted a first
reading, by title only, of proposed Ordinance No. 2015-06 which would amend and restate
Article VII, Chapter 2 of the Azusa Municipal Code relating to bidding, contracting and
purchases of projects, supplies, services and equipment. Council unanimously approved the
proposed Ordinance. This action conducts a second reading of the Ordinance, by title only, and
adopts Ordinance No. 2015-06.
RECOMMENDATION:
It is recommended that the City Council take the following action:
1) Conduct a second reading, by title only, and adopt Ordinance No. 2015-06 amending and
restating Article VII, Chapter 2 of the Azusa Municipal Code.
DISCUSSION:
Attached to this Staff Report is the proposed procurement Ordinance No. 2015-06 which was
introduced at the July 7, 2015 Council meeting. If no further revisions to the Ordinance are
desired, Council can move for the adoption of the Ordinance.
Second Reading of Ordinance No. 2015-06
July 20, 2015
Page Two
FISCAL IMPACT:
The adoption of the amended and restated procurement ordinance is expected to increase
efficiencies in the procurement process and reduce the staff time required to process city
purchases of equipment, supplies and services.
Prepared by: Reviewed and Approved:
Marco A. Martinez Troy L. Butzlaff, ICMA-CM
City Attorney City Manager
Susan Paragas
Director of Finance
Attachments:
1) Ordinance No. 2015-06
ORDINANCE NO. 2015-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING AND RESTATING ARTICLE VII, CHAPTER 2 OF THE
AZUSA MUNICIPAL CODE RELATING TO BIDDING, CONTRACTING
AND PURCHASES OF PROJECTS, SUPPLIES, SERVICES AND
EQUIPMENT
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1: Article VII, Chapter 2 of the Azusa Municipal Code is hereby deleted in
its entirety and restated to read as follows:
"ARTICLE VII. - BIDDING AND CONTRACTING, AND OTHER PURCHASES OF
PROJECTS, SUPPLIES, SERVICES AND EQUIPMENT
Sec. 2-511. - Purpose.
Sec. 2-512. - Definitions.
Sec. 2-513. –Purchasing Agent—Powers and duties.
Sec. 2-514. - City Council authorizes City Manager to implement administrative
regulations; sign purchase orders, contracts and agreements.
Sec. 2-515. - Purchase orders.
Sec. 2-516. - Encumbrance of funds.
Sec. 2-517. - Solicitation and bidding exceptions.
Sec. 2-518. - Contracts.
Sec. 2-519. -Bidding procedures.
Sec. 2-520. - Special equipment/supplies; sole source purchases.
Sec. 2-521. - Cooperative, piggyback and multiple awarded bid purchasing with other
agencies.
Sec. 2-522. - Recycled supply products specification.
Sec. 2-523. - Emergencies.
Sec. 2-524. - Local preference.
Sec. 2-525. - Staging of purchases prohibited.
Sec. 2-526. - Inspection and tests.
Sec. 2-527. - General services.
Sec. 2-528. –Uniform construction cost accounting procedures for public projects.
Sec. 2-529. –Bidding procedures for various public project amounts.
Sec. 2-530. –Adoption of plans.
Sec. 2-531. –Negotiated contract or purchase order procedures.
Sec. 2-532. –Informal bidding procedures.
Sec. 2-533. –Formal bidding procedures.
Sec. 2-534. –Rejection of bids.
Sec. 2-535. –Emergencies; procedure.
09845.00500\9753855.5
Ordinance No.2015-06
Sec. 2-536. —Staging of public works contracts.
Sec. 2-537. —Bid protests.
Sec. 2-538. —Award of professional, management, general or special services contracts
based upon competence.
Sec. 2-539. —Waiving of purchasing procedures.
Sec. 2-540 -- Design Build Authority.
Sec.2-511. Purpose.
The purpose of this article is to establish efficient procedures for the purchase of supplies,
general services, professional services and equipment, and establish procedures for bidding and
contracting of public works projects consistent with state law.These procedures shall be interpreted
to not be overly time consuming and cumbersome, while allowing the City to obtain the best
services, and acquire quality supplies and equipment in an overall economic manner at the lowest
reasonable cost. The purpose of this article is to emulate best practices in municipal purchasing
procedures.
Sec. 2-512. Defmitions.
(a) Bidder's List. "Bidder's List" shall mean a list of responsible prospective vendors
capable of providing the services or items being bid upon.
(b) Cooperative Bid. "Cooperative Bid" is when several government agencies join
together to create one bid document combining all agencies product volume for consideration of the
bidder in determining the unit cost.
(c) Emergency. "Emergency" for purposes of public projects shall have that meaning
provided in California Public Contract Code Sections 22035 and 22050.
(d) Equipment. "Equipment"shall mean furnishings,machinery,vehicles,rolling stock,
and other personal property used by the City in its operations.
(e) General Services. "General Services" are services which do not require any unique
skill,special background or training. Obtaining such services at the lowest cost should be the single
most important factor in selection. Other factors may include personal performance and experience.
Examples of general services include uniform cleaning and maintenance services.
(f) Local vendor. "Local vendor"shall mean 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.
(g) Maintenance Work. "Maintenance Work"shall have that meaning provided in Section
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Ordinance No.2015-06
220O2(d)of the Public Contract Code,as that Section may be amended from time to time,and shall
include, but shall not be limited to, all of the following: :
(1) Routine,recurring,and usual work for the cleaning,preservation,or protection
of any publicly owned or publicly operated facility for its intended purposes.
(2) Minor repainting.
(3) Resurfacing of streets and highways at less than one(1") inch.
(4) Landscape maintenance, including mowing, watering, trimming, pruning,
planting,replacement of plants, and servicing of irrigation and sprinkler systems.
(5) 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 two hundred thirty thousand(230,000) volts and higher.
(h) Multiple Awarded Bid.When a bid is awarded to more than one vendor for the same
or similar products or service. A multiple awarded bid schedule or description is usually developed
and provides information of product type/brand,service and vendor needed to provide the product or
service.
(i) Piggyback. Use of another public agency's existing contracting and/or bidding
procedures to purchase the same product(s) as outlined in the awarding bid document.
(j) Professional, Management, or Special Services. "Professional," "Management," or
"Special Services"shall mean any work performed by an artist,attorney,doctor,architect,engineer,
environmental consultant,land surveyor,construction manager,appraiser,expert,accounting firm,
consultant or those services such as computer services,and transportation/transit operator services.
Factors for determining whether professional,management,or special services are needed include
but, are not limited to, services which require special performance criteria, specific experience and
training, professional judgment, licensing, qualified expertise in a specific area of work, or other
unique factors other than simply obtaining the service at the lowest cost to the City. Professional
Management, and Special Services are not subject to the informal, formal or competitive bidding
requirements of this article and may be procured through negotiated contract or Requests for
Qualification and/or Proposal process as described in this article.
(k) Public Works or Public Projects."Public Works"or"Public Projects" shall have that
meaning provided in Section 22002(c)of the Public Contract Code,as that section may be amended
from time to time. In this light,public works shall not include maintenance work.Public works shall
include,but shall not be limited to, all of the following:
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Ordinance No.2015-06
(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, power plants, and
electrical transmission lines of 230,000 volts and higher.
(I) Purchase. "Purchase" shall include the renting, leasing, purchasing, licensing, or a
trade of equipment or supplies.
(m) Purchasing Agent.The"Purchasing Agent," for the purposes of this article, shall be
the Finance Director or his/her designee and is responsible for managing the decentralized
purchasing program.
(n) Purchasing Officer.The"Purchasing Officer,"for the purposes of this article,shall be
the City Manager or his/her designated representative.
(o) Special Equipment/Supplies. "Special Equipment/Supplies" shall mean unique
supplies,machinery,computers,or other equipment which are not generally and regularly ordered in
bulk by the City and which must perform complex tasks, or integrate efficiently with existing
equipment or supplies.
(p) Supplies. "Supplies"shall mean office supplies,janitorial supplies,materials,goods,
tools,or other commodities used in the general conduct of the City's business,excepting supplies or
materials for a public work which is regulated under the California Public Contract Code Sections
20160, et seq.
(q) Uniform Construction Cost Accounting Procedures. "Uniform Construction Cost
Accounting Procedures" shall mean those procedures and rules established by the State Uniform
Construction Cost Accounting Commission pursuant to Section 22010, et seq. of the California
Public Contract Code or as amended.
(r) Urgency. Urgency shall exist when the service,repair, or replacements are
immediately necessary to permit the continued performance of the operations or services of the
City, or to avoid the immediate danger to life,health, or property.
Sec. 2-513. Purchasing Agent- Powers and duties.
The duties of the Purchasing Agent may be combined with those duties of any other officer or
position in the City. The Purchasing Agent shall have the authority to:
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Ordinance No.2015-06
(a) Purchase or contract for needed City supplies, general services, equipment, and
special equipment/supplies which are not included within a construction contract or proposed
specifications for a construction contract of a public work being administered by any other City
department;
(b) Investigate,keep knowledgeable about,negotiate,and recommend on the execution of
contracts or the purchasing of supplies,general services,and equipment pursuant to the procedures
of this chapter, and such administrative rules and regulations as prescribed by the City Manager;
(c) Keep informed of current developments concerning purchasing, prices, market
conditions, and new products;
(d) Prescribe and maintain such forms as necessary for the proper operation of this
purchasing system;
(e) Assist, to the extent needed, with the supervision and inspection of all supplies,
general services, and equipment purchased under this article to assure conformance with City
specifications;
(f) Supervise the transfer of surplus and unused supplies and equipment for sale or
disposal of such;
(g) Maintain up-to-date bidder's list, vendors'catalogs, files, and such other records as
needed to perform these duties;
(h) Ensure that purchasing specifications are written to encourage full competition;
(i) Perform such other tasks as may be necessary for the proper conduct of purchasing of
supplies, services, construction services, and equipment.
Sec.2-514. City Council authorizes City Manager to implement administrative
regulations; sign purchase orders, contracts and agreements.
The City Council hereby authorizes the City Manager to establish and maintain written
administrative regulations and standards consistent with this article, which incorporate and
implement the City's purchasing and contracting procedures, including an implementation of the
purpose, goals and requirements of this article.
In accordance with California Government Code,Section 40602,the mayor shall execute all
contracts on behalf of the City, unless another city officer or employee is authorized to do so. In
addition to the Mayor, the City Manager is hereby authorized to execute purchase orders,contracts
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Ordinance No.2015-06
and agreements on behalf of the city when authorized by this article or authorized by the City
Council by minute action or resolution.
Sec. 2-515. Purchase orders.
(a) Except for departmental purchases as authorized by his article,purchases of supplies,
services, and special equipment/supplies in an amount under Five Thousand and no/100ths
($5,000.00) Dollars may be made by purchase order issued by the Purchasing Agent.
(b) The purpose of a Purchase Order is to ensure compliance with this article. The
Purchasing Administrative Regulations Manual may authorize additional exemptions from the
Purchase Order requirements if the procurement does not fall within the descriptions contained
within this article.Examples of such exemptions include:acquiring land or books,payments that are
not for the actual purchase of services, goods or supplies,or payments of debt services.
Sec. 2-516. Encumbrance of funds.
Except in cases of emergency as described in this article,the Purchasing Agent shall not issue
any Purchase Order, for purchase of supplies, services or equipment unless there exists an
unencumbered appropriation in the fund account against which such purchase is to be charged or the
City Council has authorized said purchase.
Sec.2-517. Solicitation and bidding exceptions.
(a) The competitive bid and RFP processes identified in this article are not applicable to
certain purchases. The following are exempt from bid processes of this article:
(1) Department purchases, as defined in this article;
(2) Travel/expense advances as authorized by the City's travel policy;
(3) Subscriptions;
(4) Trade circulars or books;
(5) Insurance premiums;
(6) Insurance payments;
(7) Reimbursement of expenses;
(8) Petty cash reimbursement;
(9) Medical payments;
(10) Newspaper advertisements and notices;
(11) Dues to approved organizations;
(12) Payments to other government units;
(13) Utility service payments,utility connection and/or installation charges;
(14) Attorney services;
(15) Franchise services, including solid waste and towing services;
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Ordinance No.2015-06
(16) Postage, courier/delivery messenger services;
(17) Land purchases;
(18) Buildings purchases and leases;
(19) Debt service payments;
(20) Grants payment matches;
(21) Claim settlements;
(22) Specialized computer software and hardware;
(23) Buses and bus support equipment;
(24) Chemicals for City operations (i.e.,pool maintenance, water treatment)
(25) Electric motor controls;
(26) Fiber optics;
(27) Water fittings;
(28) Fire hydrants;
(29) Pipe and pipe fittings;
(30) Power generation materials and equipment;
(31) Pumps, regulators,relaying and protective devices;
(32) Road and backfill material;
(33) SCADA equipment;
(34) Substation supervisory equipment;
(35) Treatment equipment;
(36) Valves and operators
(37) Electric Transformers, Primary& Secondary Copper Cable, Electric Switches&
Controllers;
(38) Computers, computer components and maintenance services.
Notwithstanding the exemption from bidding contained in this section, all monetary
thresholds for the award of contract contained in this article shall still apply.
Sec. 2-518. Contracts.
(a) All written contracts shall be approved by City Attorney as to form.Contracts shall be
prepared for professional, management, general or special services, and construction projects in
amounts of Five Thousand and no/10Oths($5,000.00)Dollars and over. Contracts for an amount of
Fifty Thousand and no/1OOths ($50,000.00) Dollars and less shall be approved/awarded by the
Purchasing officer,following any required selection process outlined in this article.Contracts with a
dollar amount exceeding Twenty Five Thousand and no/1OOths ($25,000.00) Dollars shall be
approved/awarded by City Council following a selection process outlined in this article.
(b) Contract Amendments. The Purchasing officer is authorized to issue Contract
Amendments as follows:
(1) If the contract was originally executed for an amount of Twenty Five
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Ordinance No.2015-06
Thousand and no/100ths($25,000.00)Dollars or less,the Purchasing officer shall have the authority
to issue Contract Amendments, provided that the sum of all amendments, plus original contract
amount,shall not exceed Twenty Five Thousand and no/100ths($25,000.00)Dollars.If the amended
contract will exceed Twenty Five Thousand and no/100ths($25,000.00) Dollars,the City Council
shall approve the contract amendment.
(2) For a contract originally executed for an amount in excess of Twenty Five
Thousand and no/100ths ($25,000.00) Dollars and originally approved by City Council, the
Purchasing officer shall have authority to issue contract amendments,provided that the sum of all
contract amendments for any single contract shall not exceed the limit approved by City Council. If
the amended contract will exceed the limit previously approved by City Council, the contract
amendment must be approved by the City Council.
(c) Master Professional Services Contracts.For those Professional Services as defined in
Government Code Section 4526(and as otherwise amended or exempt by this article),master multi-
year contracts with several consultants with a general scope of work for on-call services may be set
up for a total not-to-exceed dollar amount as approved by City Council.
(1) A formal Request for Qualification process shall be used in accordance with
this article and awarded based on qualifications.
(2) Task Orders shall be issued pursuant to the Master Contract with a specific
scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects for Twenty Five Thousand and no/100ths($25,000.00) Dollars or less.
(3) Any Task Order in an amount exceeding Twenty Five Thousand and
no/100ths ($25,000.00)Dollars will require City Council's approval as pursuant to the terms of the
Master Contract.
(4) Task Orders shall not be issued for an amount exceeding One Hundred
Twenty-five Thousand and no/100ths($125,000.00)Dollars.An individual Request for Qualification
process and a new contract awarded by the City Council shall be required.
(d) Master General Services Contracts.
(1) A Bid or a Request for Proposal/Qualification process may be used to procure
General Services and may be awarded based on qualifications plus reasonableness of cost.
(e) Public Works Contracts shall be required for public works in an amount of Five
Thousand and no/100ths ($5,000.00) Dollars and over. The City Manager may award and execute
contracts for individual projects in an amount of One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars or less. The City Manager may award and execute contracts for individual
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Ordinance No.2015-06
projects paid for with enterprise funds (electric, water, wastewater in an amount of One Hundred
Fifty Thousand and no/100ths ($150,000.00) Individual projects in an amount exceeding One
Hundred Twenty-five Thousand and no/100ths ($125,000.00) Dollars shall be approved by City
Council. Individual projects paid for with enterprise funds in an amount exceeding One Hundred
Fifty Thousand and no/100ths ($150,000.00) Dollars shall be approved by Utility Board.
(f) Change Orders. A Change Order shall be used to modify the contract documents
regarding contract price,schedule of payments,completion date,plans and specifications,expanding
scope of work due to change in conditions,and for unit price overruns and under runs,as specified in
the Contract. The work description and justification should relate to the original project and should
be necessary to achieve original scope of project.Additional tasks unrelated to the original contract
shall not be permitted. For authorized change orders,the Purchasing officer is authorized to issue
Change Orders up to the contract contingency amount approved by the City Council for the
individual contract as follows:
(1) Contracts in the amount over Twenty Five Thousand and no/100ths
($25,000.00) Dollars to an amount of One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars or less (One Hundred Fifty Thousand ($150,000.00) or less for enterprise
funded projects), subject to the following:
(i) The Purchasing Officer may approve Change Orders until the contract
amount reaches One Hundred Twenty-five Thousand and no/100ths ($125,000.00) Dollars (One
Hundred Fifty Thousand($150,000.00) for enterprise funded projects).
(ii) Once the original contract plus all accumulated Change Orders
reaches an amount that is equal to One Hundred Twenty-five and no/100ths($125,000.00)Dollars
(One Hundred Fifty Thousand ($150,000.00) for enterprise funded projects), subsequent Change
Orders must be approved by City Council prior to commencing the work.
(iii) Any single Change Order exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars must be approved by City Council prior to commencing with the
work. In emergency situations where stopping the work will result in severe repair or replacement
delays and subject the City to excessive additional costs,the Purchasing officer may approve such a
Change Order and shall give notice to City Council at the next regular City Council meeting.
(2) Contracts in an amount exceeding One Hundred Twenty-five Thousand
and no/100ths ($125,000.00) Dollars (One Hundred Fifty Thousand($150,000.00) for enterprise
funded projects), subject to the following:
(i) The Purchasing officer may approve accumulative Project Change
Orders up to the contingency established and approved by City Council for each individual contract.
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Ordinance No.2015-06
(ii) Any single Change Order exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars must be approved by City Council prior to commencing with the
work. In emergency situations where stopping the work will result in severe repair or replacement
delays and subject the City to excessive additional costs,the Purchasing officer may approve such
Change Order and shall give notice to the City Council at the next regular City Council meeting.
(g) Master Maintenance Service Contracts.
(1) A Request for Qualification process shall be used for Master Maintenance
Service Contracts.The purpose of a Master Maintenance Service Contract is to award discrete small
projects with several vendors which do not exceed Twenty Five Thousand and no/100ths
($25,000.00) Dollars per task order.
(2) Master Single or Multi-year Contracts maybe set up with several vendors,and
will include a general scope of work and will establish an annual not-to-exceed dollar amount as
approved by City Council.
(3) Task Orders shall be issued pursuant to the Master Contract with a specific
scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects in an amount of Twenty Five Thousand and no/100ths($25,000.00) Dollars or
less.
Sec.2-519. Bidding procedures.
Except as authorized in this article,or in the case of emergencies as described in this article,
the purchase of supplies,equipment and special equipment/supplies,not included in the construction
contract or bid specification for a public works project, shall be made as follows:
(a) Department Purchases. A department may purchase specified and limited supplies,
and equipment, special equipment/supplies independently of the Purchasing Agent of a value less
than Five Thousand and no/100ths($5,000.00)Dollars,provided such department keeps a record of
such purchases and exercises reasonable prudence in seeking price quotes when purchasing such
items. All such purchases shall be made with funds in an unencumbered appropriation.
(b) Direct Purchase Order. The purchase of supplies, equipment, or special
equipment/supplies with the estimated value of Five Thousand and no/100ths($5,000.00) Dollars
but not more than Twenty Five Thousand and no/100ths ($25,000.00) Dollars shall be made by
written bidding procedure as follows:
(1) The responsible department shall prepare a written product specification
describing the minimum requirements of the purchase.
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Ordinance No.2015-06
(2) The department shall endeavor to obtain at least three written quotes to the
informal request for bid.
(3) Written responses may be made by mail, fax, or e-mail directly to the
department representative requesting the item.Further negotiation with a vendor to negotiate a lower
price based on the bid responses received from other vendors is prohibited. A written record and
tabulation shall be made at that time the bid response is received and opened. All written responses
must be retained by the department for three years.
(4) Bid evaluation procedures. All bids shall be analyzed by the department for
compliance with bid specifications,and the department shall prepare an analysis of the bid process.
(i) Award will go to the lowest responsive/responsible bidder.
(ii) Quality, quantity, and service being equal, a local preference of five
(5%)percent shall be given to local vendors located within the City of Azusa.
(iii) If the Department Head determines that all the bids received are
unacceptably high, or specifications were unclear,the department may reject any bids received and
the item may be rebid.
(5) No bids received. In the event no bids are received, the Department Head
requesting the purchase shall have the option of any of the following:
(i) Abandoning the purchase;
(ii) Rebidding the purchase; or
(iii) Requesting Purchasing Officer approval to obtain the item, supply,
service, or equipment on a direct negotiated contract.
(6) The department shall prepare a written recommendation to the Purchasing
Officer for award or rejection of bids.
(7) Award. The Purchasing Officer shall reject all bids or award the purchase
contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose
intended according to criteria designated in the bid and the contract award amount is within the
unencumbered appropriation for that item.Purchasing Officer may waive any minor bid irregularities
and shall award informal bids up to Twenty Five Thousand and no/100ths ($25,000.00) Dollars.
(c) Formal Bid Procedures.For supplies,equipment,or special equipment/supplies with
an estimated value in an amount exceeding Twenty Five Thousand and no/100ths ($25,000.00)
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Ordinance No.2015-06
Dollars purchases shall be made in accordance with the following formal written procedures:
(1) Published Notices.A notice inviting bids shall be published at least fourteen
(14)calendar days before the date of the opening of bids.The notice shall be published at least once
in a newspaper of general circulation printed and published in the City, and in appropriate trade
publications,if any, circulated within the general area and posted on the City's website. Such other
notice as the Purchasing Agent deems appropriate shall be made.
(i) Notices inviting bids. Notices inviting bids shall include a general
description of the goods,articles,services,or equipment to be purchased or required,state where bid
blanks and specifications may be secured,describe any performance or bid security required,and the
time and place for the opening of bids;
(ii) Bidder's List.The Purchasing Agent shall maintain a list ofresponsible
bidders for various categories of supplies or equipment.A notice of the solicitation for a bid shall be
sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for
the category or equipment, supplies or general services subject to the bid request or posted on the
City's website and distributed through mass e-mail notifications; and
(iii) Bulletin Board.The bid invitation shall be posted on a public bulletin
board in the City Hall complex.
(2) Bidder's Security/Failure to Sign Contract.If the City requires a bidder's bond
or other form of security, the bidder's security shall be prescribed in the notice inviting bids in an
amount equal to ten(10%)percent of the amount bid.Bidder's security shall be either a cash deposit
with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful
bidders shall be entitled to the return of bid security within sixty(60)days of the date of the award.
However,the lowest responsive and responsible bidder shall forfeit all or part ofhis/her bid security,
as may be determined by the City Council,upon the bidder's refusal or failure to execute the contract
within fourteen(14)days after the date of the award of the contract. On the refusal or failure of the
lowest responsive and responsible bidder to execute the contract, the City Council may award the
contract to the next lowest responsive and responsible bidder.
(3) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk's
office and shall be identified as to bidder,project, and "Bid"on the envelope. Bids shall be opened
by City staff in public at the time and place stated in the notice inviting bids. A written record and
tabulation shall be made at the time of all bids received.
(4) Bid Evaluation Procedures. 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 local
preference of five(5%)percent but not more than Five Thousand and no/100ths($5,000.00)Dollars
shall be given to local vendors located within the City of Azusa. The City shall also consider the
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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. All bids shall be analyzed by the Purchasing Agent and the department for compliance
with bid specifications.The department shall prepare a recommendation for award or rejection to the
City Council.
(5) Rejection of Bids. If the City Council determines that bids are excessively
high or that specifications were unclear, or if no bids are received, the City Council may reject all
bids presented and use whatever method it deems appropriate,such as rebid,abandon acquisition,or
negotiate a contract to complete the purchase.
(6) Award of Contracts. Contracts shall be awarded by the City Council to the
lowest responsive and responsible bidder whose bid fulfills the purpose intended according to the
criteria designated in the solicitation, and provided the award amount is within the unencumbered
appropriation for that item. The City Council may waive any minor bid irregularities.
(7) Tie Bids.If two(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 re-
advertising for bids, the City Council may accept either bid or accept the lowest bid made by
negotiation with the tied bidders.
(8) Performance Bonds.The City may require a performance bond in such amount
as it shall find reasonably necessary to protect the public interest. If the City requires a performance
bond, the form and amount of the bond shall be described in the notice inviting bids.
Sec.2-520. Special equipment/supplies; sole source purchases.
(a) Special Equipment/Supplies.In purchasing any special equipment or supplies needed
to be compatible with existing equipment,or to perform complex or unique functions,the Purchasing
Agent and Department Head in consultation with one another may:
(1) Limit bidding to a specific product type, or a brand name product; or
(2) Utilize a request for proposal approach where warranties, service and/or
maintenance obligations, and product performance will be evaluated in addition to the price of the
product.The award of the contract should be to the proposer staff deems is in the best public interest.
(b) Sole Source Purchases. Unique commodities or services that can be obtained from
only one vendor, or one distributor authorized to sell in this area, with singular characteristics or
performance capabilities or which have specific compatibility components with existing City
products are exempt from the competitive bidding requirements and are deemed sole source
purchases. Sole source purchases may also include proprietary items sold direct from the
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manufacturer.
(1) All sole source purchases shall be supported by written documentation
indicating the facts and nature supporting the determination of a sole source, signed by the
Department Head and forwarded to the Purchasing Officer. The Purchasing Officer shall approve
sole source acquisitions in an amount of Twenty Five Thousand and no/100ths($25,000.00)Dollars
or less.
(2) Approval of any sole source acquisition shall be obtained from City Council
for an award of a contract for an amount exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars.
Sec. 2-521. Cooperative, piggyback and multiple awarded bid purchasing with
other agencies.
(a) Cooperative and Piggyback Purchasing.The bidding requirements of this article shall
not apply to purchasing of any equipment or supplies which the Purchasing Agent determines to be
in the best interest of the City obtained through a cooperative competitive bidding procedure or a
"piggyback"contract prepared by and processed through another local,state,or federal governmental
agency or joint powers authority made up of government agencies,including but not limited to the
California Multiple Award Schedules(CMAS),California Communities,US Communities,General
Services Administration(GSA)or Government Wide Acquisition Contracts(GWAC). The dollar
limits shall be pursuant to the cooperative or piggyback contract awarded by the other agency or
schedules approved by the cooperative entity.
(b) Multiple Awarded Bids.If the Purchasing Agent determines it to be in the City's best
interest, the Purchasing Agent is authorized to use federal, state, or other governmental agency
multiple awarded contracts. Staff must obtain quotes from at least three vendors on the awarded
contract list and award the bid to the lowest responsive and responsible bidder.
Sec. 2-522. Recycled supply products specification.
If in procuring supplies, a recycled product can achieve the necessary City performance
standard, and if such recycled product is readily available, specifications should, if economically
feasible,require products made with recycled materials be bid. If the Department Head determines
that(1)a recycled product lacks performance capabilities or needed quality levels,or(2)a sufficient
amount of said recycled or reusable product is not currently available in the market,then a reduced
percentage can be required, or the supply specification can be limited to non-recycled or virgin
materials. When recycled products are required, reasonable efforts shall be made to label the
products as containing recycled materials.As used in this section,recycled products does not mean
used products, but is limited to new products made with materials which have been recycled.
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Sec.2-523. Emergencies.
The bidding procedures of this article may be dispensed with in the case of emergency. An
emergency shall exist when the service,repair,or replacements are immediately necessary to permit
the continued performance of essential operations or services of the City,or result in excessive costs
if not immediately remedied, or to avoid the immediate danger to life,health,or property.The City
Council delegates authority to the City Manager to declare such procurement emergency. If the
purchase is Twenty Five Thousand and no/100ths($25,000.00)Dollars and over,the City Manager
shall give notice of the purchase process to the City Council.
Sec.2-524. Local preference.
(a) To promote economic development and maintain a healthy economic base in the City
of Azusa, as well as encourage businesses to move into the City's jurisdiction, the City supports
employment and local business opportunities which in turn promote the City's economic growth.As
such, the City has determined it is in its best interest to provide a preference to local vendors.
(b) Local Preference in Purchasing. In the bidding of, or contracting for
procurement of supplies, materials, and equipment as provided in these sections, the Purchasing
Officer may give a preference to responsive,responsible,local vendor located in the City of Azusa in
an amount not-to-exceed five(5%)percent of the local vendors'total net bid price,or Five Thousand
and no/100ths($5,000.00)Dollars,whichever is lower.The granting of this local preference shall be
approved or not based on a determination by the Purchasing Officer/Agent that quantity and quality
of the local product is equal to that of the next lowest bidder.
This local preference is not applicable to: (1)bids for public projects as defined by Public
Contracts Code Sections 20161 and 22002,(2)bids funded by grants which prohibit its use,and(3)
contracts for professional, management, general, and special services.
Sec.2-525. Staging of purchases prohibited.
Purchases and Public Works contracts shall not be knowingly staged or separated into smaller
units or segments solely for the purpose of evading the competitive formal or informal bidding
requirements of this chapter.
Sec. 2-526. Inspection and tests.
The Purchasing Agent or department requesting the item shall inspect all deliveries of
supplies and equipment to assure conformance with the contract or order specifications. The
Purchasing Agent, at his/her discretion, may require chemical and physical tests of samples or
supplies and equipment as he/she deems necessary to determine the quality in conformance with
those specifications.
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Sec. 2-527. General services.
(a) General services as defined in this article shall be procured either through the bid
process outlined in Section 2-519 with the emphasis on awarding to the "lowest responsive
responsible bidder" or through the Request for Proposal process outlined in Section 2-538 of this
article with emphasis on factors other than price.
(b) Factors to Consider. If it is determined by the department in consultation with the
Purchasing Agent that all vendors providing a service classification can equally provide the service
satisfactorily, a bid process would be appropriate. However, if factors other than price need to be
considered in awarding the contract,the Request for Proposal(RFP)process may be used.Examples
of areas other than price that may be important in awarding the contract include: experience level,
competence, resources/equipment, staffing levels, services available/time factors, and other
qualifications determined by each City department responsible for recommending the service
contract that may be important to consider.
(c) Master General Services Single or Multi-year Contracts may be awarded to multiple
service providers following a formal Request for Proposal/Qualification process using the procedures
set forth in Section 2-538 of this article. Award of master contracts and negotiating task orders
should follow the procedure set out in Section 2-518.
Sec.2-528. Uniform construction cost accounting procedures for public projects.
The City Council has elected to become subject to the Uniform Construction Cost
Accounting Procedures as established by the California Uniform Construction Cost Accounting
Commission.
Sec. 2-529. Bidding procedures for various public project amounts.
(a) A public project of Thirty Thousand and no/100ths($30,000.00)Dollars or less may
be performed by City employees by force account,by negotiated contract, or by Purchase Order.
(b) A public project of an estimated amount exceeding Thirty Thousand and no/100ths
($30,000.00) Dollars but not more than One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars may be let to contract by informal bid procedures as set forth in this article.
(c) A public project in an amount exceeding One Hundred Twenty-five Thousand and
no/100ths($125,000.00)Dollars shall,except as otherwise provided in this article,be let to contract
by formal bidding procedures.
Sec. 2-530. Adoption of plans.
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The City Engineer or his designee shall approve the plans,specification and working details
of all public works projects.The City Council shall approve and adopt the plans,specifications,and
working details, as well as authorize the bid request for all Public Works projects for an amount
exceeding One Hundred Twenty-five Thousand and no/100ths ($125,000.00) Dollars. The City
Engineer is delegated authority to approve and adopt the plans, specifications, and working details
for all Public Works projects less than One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars.
Sec. 2-531. Negotiated contract or purchase order procedures.
For those projects qualifying under subsection(a)of Section 2-529,the project manager shall
obtain a cost estimate from the project engineer or architect prior to issuing a Purchase Order or
negotiating a contract with a responsible contractor. For any City force account work, the project
manager shall first comply with the guidelines established by the California Uniform Construction
Cost Accounting Commission in deteunining the cost of the public project.
The City Manager shall have the authority to award and to execute any contract for the public
project qualifying under subsection(a) and(b) of Section 2-529.
Sec.2-532. Informal bidding procedures.
For those projects which qualify under subsection(b)of Section 2-529 for informal
bidding, the following procedures shall be used:
(a) Bidder List. The City shall maintain a list of qualified contractors, identified
according to categories of work. Minimum criteria for development and maintenance of the
contractors'list shall be consistent with the California Uniform Construction Cost Accounting rules.
(b) Notice. Unless the product or service is proprietary, all contractors on the City's list
for the category of work being bid shall be mailed a notice inviting informal bids, or an
announcement/ advertisement shall be placed in all construction trade journals specified in this
section, or both such mailing and advertising. The trade journals shall be those identified by the
California Uniform Construction Cost Accounting Commission as appropriate for this area. In
addition,notice shall be posted on the City's website.
(c) Bidder's Security/Failure to Sign Contract.Bidder's security shall be prescribed in the
notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security
shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a
bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty(60)
days of the date of the award.However,the lowest responsive and responsible bidder shall forfeit all
or part of his/her bid security,as may be determined by the City Council,upon the bidder's refusal or
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failure to execute the contract within fourteen(14)days after the date of the award of the contract.
On the refusal or failure of the lowest responsive and responsible bidder to execute the contract,the
City Council may award the contract to the next lowest responsive and responsible bidder.
(d) Minimum Time Period. All mailing of notices to contractors and announcements/
advertisements published in the construction trade journals pursuant to subdivision (b) shall be
completed not less than ten(10) calendar days before bids are due.
(e) Notice Contents. The notice inviting informal bids shall describe the project in
general terms, how to obtain more detailed information about the project, and state the time and
place for the submission of bids.
(f) Performance/Labor/Materials Bonds.A labor and materials bond,plus a performance
bond shall be required,from a surety company licensed to do business in California and acceptable to
the City, in amounts equivalent to the total contract amount.
(g) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk's office and
shall be identified as to bidder,project,and"Bid"on the envelope.Bids shall be opened by the City
Clerk's staff in public at the time and place stated in the notice inviting bids. At that time, a written
record and tabulation shall be made of all bids received, and shall be open for public inspection
during regular business hours for a period of one year after the bid opening. The project manager
shall make an analysis of the bids for compliance with bid specifications, and thereafter, make a
recommendation for award or rejection.
(h) Award. The Purchasing officer shall award the contract or reject the bids. The
Purchasing Officer may waive minor bid irregularities.
(i) Change Orders. A Change Order shall be used to modify the contract documents
regarding contract price, schedule of payments, completion date, plans and specifications, and for
unit price overruns and under runs, as specified in the Contract. Work description and justification
must relate to the original project and must be work necessary to achieve original scope of project.
After a determination that costs are merited by developments in a specific project, the Purchasing
officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency
approved by the City Council as awarded for the individual contract as follows:
(1) Purchasing officer may approve Project Change Orders until the contract
reaches One Hundred Twenty-five and no/100ths ($125,000.00) Dollars (One Hundred Fifty
Thousand and no/100ths Dollars for projects using enterprise funds).
(2) Once the original contract plus all accumulated Change Orders are in an
amount that is equal to One Hundred Twenty-five and no/100ths ($125,000.00) Dollars (One
Hundred Fifty Thousand and no/100ths Dollars for projects using enterprise funds),the contract and
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subsequent Change Orders must be approved by City Council prior to commencing with the work.
(3) Any single Change Order exceeding Fifty Thousand and no/100ths
($50,000.00) Dollars must be approved by City Council prior to commencing with the work. In
urgency situations, where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs due to the delay in the project,Purchasing officer may
approve such Change Order and shall give notice to City Council at the next City Council meeting.
6) Bids in Excess of Statutory Amount.If all bids received are in excess of One Hundred
Twenty-five Thousand and no/100ths($125,000.00)Dollars,the City Council may,by passage of a
resolution by a four-fifths(4/5)vote,award the contract up to One Hundred Thirty-seven Thousand
Five Hundred and no/100ths($137,500.00)Dollars or less to the lowest responsive and responsible
bidder if it determines the cost estimate of the City was reasonable.
(k) The Purchasing Officer shall provide the City Council with a list of projects and their
amounts approved pursuant to this section at least once per month.
Sec. 2-533. Formal Bidding Procedures.
For those projects requiring formal bidding under Section 2-529,the following procedures
shall be used:
(a) Publication. A notice shall be published, at least once, fourteen (14) calendar days
before the date of opening the bids in a newspaper of general circulation printed and published in the
jurisdiction of the City.The notice inviting formal bids shall also be mailed to all construction trade
journals specified by the California Uniform Construction Cost Accounting Commission as
appropriate for the area. The notice shall be mailed at least thirty(30)calendar days before the date
of opening the bids. The notice inviting formal bids shall state the time and place for the receiving
and opening of sealed bids and distinctly describe the project. In addition to notice required by this
section, the City may give such other notice as it deems proper.
(b) Bidder's Security/Failure to Sign Contract.Bidder's security shall be prescribed in the
notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security
shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a
bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty(60)
days of the date of the award.However,the lowest responsive and responsible bidder shall forfeit all
or part of his/her bid security,as may be determined by the City Council,upon the bidder's refusal or
failure to execute the contract within ten(10)days after the date of the award of the contract.On the
refusal or failure of the lowest responsive and responsible bidder to execute the contract, the City
Council may award the contract to the next lowest responsive and responsible bidder.All bids must
be signed by person authorized to bind company to bid terms.
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(c) Bid opening Procedure. Sealed bids shall be submitted to the City Clerk's Office and
shall be identified as to bidder,project,and"Bid"on the envelope. Bids shall be opened by the City
Clerk's staff in public at the time and place stated in the notice inviting bids. A written record and
tabulation shall be made at that time of all bids received, and shall be open for public inspection
during regular business hours for a period of one year after the bid opening. The project manager
shall make an analysis of the bids for compliance with bid specifications and, thereafter, make a
recommendation for award or rejection.
(d) Award of Contracts/Minor Irregularities. Contracts shall be awarded by the City
Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended,
according to criteria designated in the solicitation, and provided the award amount is within the
unencumbered appropriation for that item. The City Council may waive minor bid irregularities.
(e) Change Orders. A "Change Order" shall be used to modify the contract documents
regarding contract price, schedule of payments, completion date, plans and specifications, and for
unit price overruns and under runs, as specified in the Contract.Work description and justification
must relate to the original project and must be work necessary to achieve original scope of project.
After a determination that costs are merited by developments in a specific project, the Purchasing
officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency
approved by the City Council as awarded for the individual contract as follows:
(1) Purchasing officer may approve accumulative Project Change Orders up to the
contingency established and approved by City Council for each individual contract.
(2) Any single Change Order exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars must be approved by City Council prior to commencing with the work. In
emergency situations where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs due to the delay in the project,Purchasing officer may
approve such Change Order and shall give notice to the City Council at the next City Council
meeting.
(f) Tie Bids. If two or more bids received are for the same total amount or unit price,
quality and service being equal,and if the public interest will not peimit the delay or re-advertising
for bids, the City Council may accept either bid.
(g) Performance/Labor/materials Bonds.A labor and materials bond,plus a performance
bond shall be required, from an acceptable surety, in such amounts and in such a form as the City
finds reasonably necessary to protect the public interest.
(h) No Bids, if no bids are received, the project may be performed by City employees
by force account, or by informal bidding procedures without further complying with this article.
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Sec. 2-534. Rejection of bids.
(a) In its discretion, the City Council may reject any bids presented. If after the first
invitation for bids all bids are rejected, the City shall state the reasons for the rejection, and after
reevaluating its cost estimates of the project,the City shall have the option of either of the following:
(1) Abandoning the project or re-advertising for bids in the manner described
by this article.
(2) By passage of a resolution by a four-fifths (4/5)vote of the City Council
declaring that the project can be performed more economically by City employees, may have the
project done by force account without further complying with this article.
Sec. 2-535. Emergencies; procedure.
In cases of great emergency as determined by the City Council,including,but not limited to,
states of emergency defined in Section 8558 of the Government Code,when repair or replacements
are necessary to permit the continued conduct of the operation of services of the City, or to avoid
danger to life or property, the City Council, by majority vote, may proceed at once to replace or
repair any public facility without adopting plans,specification,or working details,or give notice for
bids to let a contracts.The work may be done by City forces,by contract,or by a combination of the
two(2).The City Council delegates to the City Manager,the authority to declare a public emergency
subject to confirmation by the City Council by a four-fifths (4/5) vote, at its next meeting.
Sec. 2-536. Staging of public works contracts.
Public Works contracts shall not be knowingly staged or separated into smaller units or
segments solely for the purpose of evading the competitive bidding requirements of this chapter.
Sec.2-537. Bid protests.
Any interested party may file a protest regarding the procurement decisions authorized under
this chapter.
(a) Notice of Decision.After a decision regarding a public project procurement having a
value over Twenty Five Thousand and no/1OOths ($25,000.00) Dollars has been made, the
Department Head or designee shall notify all persons who submitted a response to a City solicitation
of intended award. If a bidder is rejected because the bid is found non-responsive or because the
bidder is deemed not-responsible, the City will give written notice to said bidder of evidence
reflecting such decision.
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(b) Time to File Protest. All protests must be filed in writing and received by the
Department Head within five(5)business days of the date on the notice of intended award.
(c) Form of Protest.All protests shall be in writing,state the grounds for the protest,state
the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or
another bidder was either non-responsive or not responsible. All protests have to be filed in
accordance with the instructions contained in the solicitation which is the subject of the protest.
(d) City Manager Review. The City Manager or designee shall review the protest and
issue a written decision on the protest.The City Manager or designee may base the decision on the
written protest alone or may informally gather evidence from the person(s)filing the protest or any
other person having relevant information.For procurements having a value of One Hundred Twenty-
five Thousand and no/100ths($125,000.00)Dollars or less,the City Manager's or designee's decision
shall be final.
(e) Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a
"responsible"bidder,the protesting party must submit materials set forth in subdivision(c)above for
consideration.An opportunity to be heard will be set within a reasonable time to provide a decision
before final approval of the selected low bid. For procurements having a value of One Hundred
Twenty-five Thousand and no/100ths($125,000.00)Dollars or less,the City Manager's or designee's
decision shall be final.
(f) Appeal of City Manager's Decision to City Council.For procurements having a value
exceeding One Hundred Twenty-five Thousand and no/100ths($125,000.00)Dollars,an appeal of
the City Manager's decision may be filed with the City Council.All such appeals must be in writing,
and shall be filed with the City Clerk within five (5) business days from the date of the City
Manager's decision.
(g) Failure to Timely Appeal. An interested party who fails to file a protest within the
times set forth in this section waives any right to protest the issue further. No appeal to either the
City Manager or City Council of any decision to award a bid under may occur once the contract has
been awarded.
Sec. 2-538. Award of professional,management,general or special services
contracts based upon competence.
Factors to Consider. In contracting for professional services listed in Government Code
Section 4526, selection shall be based on demonstrated competence and on professional
qualifications necessary for the satisfactory performance of the services and solicited through a
Request for Qualification process.
In contracting for professional services contracts should only be awarded to firms or persons
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who have demonstrated "adequate competence" meaning: an adequate level of experience,
competence,training,credentials,character,integrity,reputation,financial responsibility,resources,
equipment,staffing, and other professional qualifications necessary for the service. The cost of the
service may be considered, however, the lowest cost may not be the sole factor in deciding which
firm or who shall be awarded the contract. It may be in the City's best interest to award the contract
to a higher priced contractor based on the scope of services,availability,unique skills,staffing levels,
timing,prior experience,familiarity with the City and other factors required by the department.The
information needed for determining that level of competence,other qualifications,and the procedure
for selecting such services shall be deteliuined by the City department responsible for recommending
the service contract.
(a) Request for Proposal/Qualifications. The acquiring of services shall be procured
through negotiated contract following a Request for Proposal/Qualifications process.Contracting for
services is decentralized and shall be the responsibility of the Department Head requesting the
service. The Purchasing Agent may be contacted to assist in the formal Request for
Proposal/Qualification(RFP/Q)process.
(b) Contracts,not within(a)above,for an amount less than Five Thousand and no/100ths
($5,000.00)Dollars. A Department Head may award contracts up to Five Thousand and no/100ths
($5,000.00) Dollars with qualified consultants/firms.
(c) Contracts for an amount exceeding Five Thousand and no/100ths($5,000.00)Dollars
but not more than Twenty Five Thousand and no/100ths ($25,000.00) Dollars. The requesting
department shall meet the following requirement unless an urgency exists pursuant to this article:
(1) Selection Process.Prepare an informal written document and contact as many
companies as necessary to receive a minimum of three(3)written responses from consultants/firms.
This requirement may be waived for good cause in writing by the Department Head and Purchasing
Agent in consultation with one another.
(2) Award.The Department Head shall prepare a written recommendation to the
Purchasing Officer for the firm or person to be awarded the contract. The Purchasing Officer shalt
award the contract.The Purchasing Officer shall provide the City Council with a list of contracts and
their amounts approved pursuant to this section at least once per month.
(3) Contract Document. A written contract must be established and the
Purchasing officer or designee must sign/approve any service contract in an amount exceeding Five
Thousand and no/100ths ($5,000.00) Dollars but not more than Twenty Five Thousand and
no/100ths($25,000.00) Dollars.
(d) Contracts for an amount exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars and over. Departments shall utilize a Sealed Request for Proposal process
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essentially meeting the following requirements unless an emergency exists pursuant in Section 2-523
of this article:
(1) Request for Proposal/Qualification(RFP/Q) solicitation process. A formal
Sealed Request for Proposal/Qualification(herein "RFP/Q") document shall be developed for
solicitation of professional,management, or general and special services contracts for an amount
exceeding Twenty Five Thousand and no/10Oths ($25,000.00) Dollars.
(2) Advertisement. The department shall advertise in appropriate publications
and/or use the Professional Services Listings, as available, and post on the City's website, during
the solicitation process.
(3) Fourteen(14)Day Notice.Notice inviting RFP/Q's shall be posted at City Hall
at least fourteen(14) calendar days before the due date of submission of the RFP/Q.
(4) Notice Contents. The notice shall include a description of general type of
service needed, how the RFP/Q minimum Scope of Work can be obtained, any pre-proposal
conferences anticipated, the requirement of a written sealed proposal, state the closing date, and
place and time for submission of the RFP/Q.
(5) Solicitation Procedure.Sealed Request for Proposals/Qualifications should be
submitted to,the department.RFP/Q's need not be opened publicly.All proposals shall be analyzed
by the department for compliance with RFP/Q requirements, value of the total scope of services.
Follow-up interviews of the most qualified of those submitting a proposal should be held.
(6) Award.Professional,Management,General,and Special Services contracts of
an amount exceeding Twenty Five Thousand and no/100ths($25,000.00)Dollars should be awarded
by City Council.
(7) Contract Amendments.The Purchasing officer is authorized to issue Contract
Amendments as follows:
(i) If the contract was originally executed for an amount of Twenty Five
Thousand and no/100ths($25,000.00)Dollars or less,the Purchasing officer shall have the authority
to issue Contract Amendments, provided that the sum of all amendments, plus original contract
amount,shall not exceed Twenty Five Thousand and no/100ths($25,000.00)Dollars.Ifthe amended
contract will exceed Twenty Five Thousand and no/100ths($25,000.00)Dollars, the City Council
shall make a finding that it is in the best interest of the City to waive the normal selection process
and approve the amendment to the contract.
(ii) For a contract originally executed for an amount of Twenty Five
Thousand and no/100ths($25,000.00)Dollars and over and originally approved by City Council,the
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Ordinance No.2015-06
Purchasing officer shall have authority to issue contract amendments,provided that the sum of all
contract amendments for any single contract shall not exceed the amount approved by City Council.
If the amended contract will exceed the amount previously approved by City Council, the contract
amendment must be approved by City Council.
(8) Master Professional Services Contracts. For those professional services as
defined in Government Code Section 4526, master single or multi-year contracts with several
consultants with a general scope of work may be set up for a total not-to-exceed dollar amount as
approved by City Council.
(i) A formal Request for Qualification process shall be used in accordance
with this article and awarded based on qualifications plus reasonableness of cost.
(ii) Task Orders shall be issued pursuant to the Master Contract with a
specific scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects for Twenty Five Thousand and no/100ths ($25,000.00) Dollars or less.
(iii) Any Task Orders in an amount exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars will require City Council's approval pursuant to the terms of the
Master Contract.
Sec. 2-539.Waiving of purchasing procedures.
In its discretion,the City Council may at any time,without amending this chapter,waive the
purchasing procedures or alter these proceedings to fit a specific purchase or contract, when such
waiver is not in violation of state or federal law. A request for waiver should occur only when
unforeseen circumstances or emergencies arise that justify an exception to following the provisions
of this article, the City will not be prejudiced by such waiver and is in the best interest of the City
and its operations.
Sec. 2-540. Design-Build Authority.
Notwithstanding the requirements of this article regarding public bidding for public works
projects and contracts, the City Council may approve the use of an alternate public works
construction project procurement procedure instead of the bidding procedure set forth in this article
as follows:
(a) The alternate procedure may include the Design-Build method of construction
whereby the City enters into a single contract with a developer or contractor for the design and
construction of the facility.
(b) The contractor or developer may be procured by a selection process based on the
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Ordinance No.2015-06
criteria of experience, qualifications and best value.
(c) This procedure/method may be used,but is not limited to use,when it is anticipated
that the method will reduce project cost, expedite project completion, enable use of public/private
partnership forms of project finance, and/or create certainty for total project expense.
(d) Design Build public works projects and contracts may be negotiated and awarded on
such procedures,terms and conditions as the City Council deems appropriate in the exercise of its
authority as a Charter City, and may be set forth by the City Council by resolution.
(e) The project amount complies with any dollar thresholds contained in the California
Public Contract Code for design build procedures(California Public Contract Code,Section 1100.7).
The provisions of this section authorizing the use of the Design- Build construction
procurement method shall be the prevailing regulations for public works design and construction
procurement where there are conflicts between the provisions of this ordinance and the contract
provisions of the Public Contract Code,pursuant to Section 1100.7 of the California Public Contract
Code."
SECTION 2: If any provision of this Ordinance or the application thereof to any person or
circumstances is for any reason deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction,such invalidity or unconstitutionality shall not affect any other
provision or applications, and to this end the provisions of this Ordinance are declared to be
severable. The City Council hereby declares that it would have adopted each section irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional, invalid, or unenforceable.
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance,and
shall cause it,or a summary of it,to be published as required by law, and it shall be effective thirty
(30) days after its adoption.
PASSED,APPROVED AND ADOPTED this 20th day of July, 2015.
iattf 40,44.., /44/4
oseph Romero Rocha
Mayor
Page 26 of 27
09845.00500\9753855.5
Ordinance No.2015-06
ATTEST:
►.I
J- fr-y ce Cornejo,J
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No.2015-06,was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 7th day of July,
2015 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
Azusa City Council on the 20th day of July, 2015 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
J fr- a, mance Cornejo, r.
City Clerk
APPROVED AS TO FORM:
Best B st&Krieger, LP
City A orney
Page 27 of 27
09845.00500\9753855.5
APPROVED
COUNCIL MEETING
Date, 7/7/jam
fr
AZUSA
SCHEDULED ITEM
D-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: MARCO A. MARTINEZ, CITY ATTORNEY
SUSAN PARAGAS, FINANCE DIRECTOR
DATE: JULY 7, 2015
SUBJECT: FIRST READING — AMENDED AND RESTATED ORDINANCE REVISING
REQUIREMENTS FOR BIDDING, CONTRACTING AND PURCHASES OF
PROJECTS, SUPPLIES, SERVICES AND EQUIPMENT
SUMMARY
The City's procurement ordinance (Article VII, Chapter 2 of the Azusa Municipal Code) provides
general rules and regulations for the procurement of equipment, supplies and services for city
operations, and specifies levels of purchasing authority. The City's procurement ordinance was adopted
in 1999 and has not been updated in 16 years. To enable more effective and efficient procurement
processes, staff reviewed the City's existing policies and compared them with best practices exercised
by other cities and is recommending that the existing procurement ordinance be revised. The attached
ordinance was reviewed by the City Council on June 22, 2015. The Council provide comments and
those have been incorporated into the ordinance. This action approves for introduction and first reading
an ordinance revising requirements for bidding, contracting and purchases of projects, supplies, services
and equipment.
RECOMMENDATION
It is recommended that the City Council take the following action:
1) Waive further reading, read by title only, and introduce the attached amended and
restated procurement ordinance.
BACKGROUND
In August of 1999, the City of Azusa adopted a procurement ordinance that created better efficiencies
and authorized the City's participation in the Uniform Public Construction Cost Accounting system
pursuant to California law (California Public Contract Code, Section 22010 et.seq.). The Construction
Cost Accounting system was created in 1983 to authorize alternative financial thresholds for public
Revised Procurement Ordinance
July 7, 2015
Page 2
projects. As an example, all general law cities must formally bid public works project that cost over
$5,000. Under the Construction Cost Accounting system, formal bids are required for public works
projects that exceed$125,000. The City's adopted ordinance also established procedures for the bidding
and purchase of other services(professional, maintenance etc.)and supplies and equipment.
The current monetary limits that trigger City Council approvals and more formal bidding procedures are
set at a very low limit. For example, under the current ordinance any contract whose value exceeds
$10,000 must be approved by the City Council. In addition, more formal (and expensive) bidding
procedures are required for the purchases of services and equipment when their value exceeds $25,000.
While the monetary limits adopted were appropriate at that time, over the past 16 years the costs of
goods and services have increased and it is not uncommon for budgeted purchases to exceed the current
$10,000.00 approval authority of the City Manager. This necessitates delays in the procurement process
in order to prepare appropriate staff reports for the City Council to review and approve purchases. This
process extends the time required to purchase equipment, supplies and services and increases Council
and staff time in preparing and reviewing reports and approving purchases for items that have already
been budgeted through the budget adoption process.
Staff surveyed other jurisdictions that are subject to the Uniform Construction Cost Accounting system
to determine if Azusa's ordinance can be revised to be more in line with current costs and encompass
certain procurement nuances that are specific to Azusa and its procurement needs. The survey revealed
that that the thresholds and contracting authority given to the city manager is $25,000 or higher
depending on the city.
The proposed ordinance was modeled after other ordinances adopted by cities that have adopted the
Uniform Construction Cost Accounting system (including the City of Thousand Oaks). These
ordinances, in turn, have been modeled after the American Bar Associations' Model Procurement Code.
In addition to addressing the thresholds and contracting authority given to the city manager, the attached
ordinance includes the following:
1. Updates the definitions in the ordinance to match those definition in the Construction
Cost Accounting Act(Sec. 2-512);
2. Includes a more comprehensive list of exemptions that mirror the specific needs of Azusa
(Sec. 2-517);
3. Authorizes a "master service contract" process and continues to authorize the city
manager to award public works contracts up to $125,000 (Sec. 2-518);
4. Establishes formal bidding procedures and thresholds for other types of contracts (i.e.
professional services, supplies and equipment) - Generally, department heads may award
contracts up to $5,000; the Procurement Agent/City Manager may award contracts up to
$25,000 and the City Council must award any contract exceeding $25,001, unless an
exception applies (Sec. 2-518; 2-519; 2-532; 2-533);
5. Continues the Azusa local preference in bidding contracts by local businesses (Sec. 2-
524)
Revised Procurement Ordinance
July 7, 2015
Page 3
6. Establishes a specific RFP/RFQ process for professional services that complies more
fully with Government Code, Section 4526 (Sec. 2-538).
7. Includes the use of a design build process as an alternate to the more traditional public
works construction project procurement procedures (Sec. 2-540).
The proposed ordinance still maintains robust internal controls and superior accountability as compared
to other cities, thus supporting higher procurement thresholds. For example, informal purchases would
still be subject to prior budget authorization and the procedures provided in the city's Procurement
Manual for formal bid or Request for Proposal processes. In addition,the ordinance includes a provision
that requires the City Manager to inform the Council of all contracts executed by the City Manager.
FISCAL IMPACT
It is expected that the recommended changes to the procurement ordinance will increase efficiencies in
the procurement process and reduce staff time required to process city purchases for equipment, supplies
and services.
Prepared by: Reviewed and Approved:
Marco A. Martinez Troy L. Butzlaff, ICMA-CM
City Attorney City Manager
Susan Paragas
Director of Finance
Attachments: 1. Ordinance
2. Survey of Emergency Spending Authorization
ATTACHMENT 1
ORDINANCE NO. 2015-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA AMENDING AND RESTATING ARTICLE VII,
CHAPTER 2 OF THE AZUSA MUNICIPAL CODE
RELATING TO BIDDING, CONTRACTING AND
PURCHASES OF PROJECTS, SUPPLIES, SERVICES AND
EQUIPMENT
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1: Article VII, Chapter 2 of the Azusa Municipal Code is hereby deleted in
its entirety and restated to read as follows:
"ARTICLE VII. - BIDDING AND CONTRACTING, AND OTHER PURCHASES OF
PROJECTS, SUPPLIES, SERVICES AND EQUIPMENT
Sec. 2-511. - Purpose.
Sec. 2-512. - Definitions.
Sec. 2-513.–Purchasing Agent—Powers and duties.
Sec. 2-514. -City Council authorizes City Manager to implement administrative
regulations; sign purchase orders,contracts and agreements.
Sec. 2-515. -Purchase orders.
Sec. 2-516. - Encumbrance of funds.
Sec. 2-517. - Solicitation and bidding exceptions.
Sec. 2-518. -Contracts.
Sec. 2-519. - Bidding procedures.
Sec. 2-520. - Special equipment/supplies; sole source purchases.
Sec. 2-521. -Cooperative,piggyback and multiple awarded bid purchasing with other
agencies.
Sec. 2-522. - Recycled supply products specification.
Sec. 2-523. - Emergencies.
Sec. 2-524. - Local preference.
Sec. 2-525. - Staging of purchases prohibited.
Sec. 2-526. -Inspection and tests.
Sec. 2-527. -General services.
Sec. 2-528. –Uniform construction cost accounting procedures for public projects.
Sec. 2-529. –Bidding procedures for various public project amounts.
Sec. 2-530. –Adoption of plans.
Sec. 2-531. –Negotiated contract or purchase order procedures.
Sec. 2-532.–Informal bidding procedures.
Sec. 2-533.–Formal bidding procedures.
Sec. 2-534. –Rejection of bids.
Sec. 2-535. –Emergencies; procedure.
Sec. 2-536.–Staging of public works contracts.
Sec. 2-537. –Bid protests.
09845.00500\9753855.5
Ordinance No.2015-06
Sec. 2-538. —Award of professional,management, general or special services contracts
based upon competence.
Sec. 2-539. —Waiving of purchasing procedures.
Sec. 2-540 -- Design Build Authority.
Sec. 2-511. Purpose.
The purpose of this article is to establish efficient procedures for the purchase of supplies,
general services, professional services and equipment, and establish procedures for bidding and
contracting of public works projects consistent with state law.These procedures shall be interpreted
to not be overly time consuming and cumbersome, while allowing the City to obtain the best
services, and acquire quality supplies and equipment in an overall economic manner at the lowest
reasonable cost. The purpose of this article is to emulate best practices in municipal purchasing
procedures.
Sec.2-512. Definitions.
(a) Bidder's List. "Bidder's List" shall mean a list of responsible prospective vendors
capable of providing the services or items being bid upon.
(b) Cooperative Bid. "Cooperative Bid" is when several government agencies join
together to create one bid document combining all agencies product volume for consideration of the
bidder in determining the unit cost.
(c) Emergency. "Emergency" for purposes of public projects shall have that meaning
provided in California Public Contract Code Sections 22035 and 22050.
(d) Equipment."Equipment"shall mean furnishings,machinery,vehicles,rolling stock,
and other personal property used by the City in its operations.
(e) General Services. "General Services" are services which do not require any unique
skill,special background or training. Obtaining such services at the lowest cost should be the single
most important factor in selection. Other factors may include personal performance and experience.
Examples of general services include uniform cleaning and maintenance services.
(f) Local vendor. "Local vendor"shall mean 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.
(g) Maintenance Work. "Maintenance Work" shall have that meaning provided in
Section 22002(d)of the Public Contract Code,as that Section may be amended from time to time,
and shall include,but shall not be limited to,all of the following: :
(1) Routine, recurring, and usual work for the cleaning, preservation, or
protection of any publicly owned or publicly operated facility for its intended purposes.
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Ordinance No.2015-06
(2) Minor repainting.
(3) Resurfacing of streets and highways at less than one(1") inch.
(4) Landscape maintenance, including mowing, watering, trimming, pruning,
planting,replacement of plants, and servicing of irrigation and sprinkler systems.
(5) 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 two hundred thirty thousand(230,000)volts and higher.
(h) Multiple Awarded Bid.When a bid is awarded to more than one vendor for the same
or similar products or service.A multiple awarded bid schedule or description is usually developed
and provides information of product type/brand,service and vendor needed to provide the product
or service.
(i) Piggyback. Use of another public agency's existing contracting and/or bidding
procedures to purchase the same product(s)as outlined in the awarding bid document.
(j) Professional, Management, or Special Services. "Professional," "Management," or
"Special Services"shall mean any work performed by an artist,attorney,doctor,architect,engineer,
environmental consultant,land surveyor,construction manager,appraiser,expert,accounting firm,
consultant or those services such as computer services,and transportation/transit operator services.
Factors for determining whether professional,management,or special services are needed include
but,are not limited to,services which require special performance criteria,specific experience and
training, professional judgment, licensing, qualified expertise in a specific area of work, or other
unique factors other than simply obtaining the service at the lowest cost to the City. Professional
Management, and Special Services are not subject to the informal, formal or competitive bidding
requirements of this article and may be procured through negotiated contract or Requests for
Qualification and/or Proposal process as described in this article.
(k) Public Works or Public Projects. "Public Works"or"Public Projects" shall have that
meaning provided in Section 22002(c)of the Public Contract Code,as that section may be amended
from time to time.In this light,public works shall not include maintenance work.Public works 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) 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, power plants, and
electrical transmission lines of 230,000 volts and higher.
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Ordinance No.2015-06
(1) Purchase. "Purchase" shall include the renting, leasing,purchasing, licensing, or a
trade of equipment or supplies.
(m) Purchasing Agent.The"Purchasing Agent," for the purposes of this article,shall be
the Finance Director or his/her designee and is responsible for managing the decentralized
purchasing program.
(n) Purchasing Officer.The"Purchasing Officer,"for the purposes of this article,shall be
the City Manager or his/her designated representative.
(o) Special Equipment/Supplies. "Special Equipment/Supplies" shall mean unique
supplies,machinery,computers,or other equipment which are not generally and regularly ordered in
bulk by the City and which must perform complex tasks, or integrate efficiently with existing
equipment or supplies.
(p) Supplies."Supplies"shall mean office supplies,janitorial supplies,materials,goods,
tools,or other commodities used in the general conduct of the City's business,excepting supplies or
materials for a public work which is regulated under the California Public Contract Code Sections
20160, et seq.
(q) Uniform Construction Cost Accounting Procedures. "Uniform Construction Cost
Accounting Procedures" shall mean those procedures and rules established by the State Uniform
Construction Cost Accounting Commission pursuant to Section 22010, et seq. of the California
Public Contract Code or as amended.
(r) Urgency. Urgency shall exist when the service,repair, or replacements are
immediately necessary to permit the continued performance of the operations or services of the
City, or to avoid the immediate danger to life, health, or property.
Sec. 2-513. Purchasing Agent-Powers and duties.
The duties of the Purchasing Agent may be combined with those duties of any other officer
or position in the City. The Purchasing Agent shall have the authority to:
(a) Purchase or contract for needed City supplies, general services, equipment, and
special equipment/supplies which are not included within a construction contract or proposed
specifications for a construction contract of a public work being administered by any other City
department;
(b) Investigate,keep knowledgeable about,negotiate,and recommend on the execution
of contracts or the purchasing of supplies, general services, and equipment pursuant to the
procedures of this chapter,and such administrative rules and regulations as prescribed by the City
Manager;
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Ordinance No.2015-06
(c) Keep informed of current developments concerning purchasing, prices, market
conditions, and new products;
(d) Prescribe and maintain such forms as necessary for the proper operation of this
purchasing system;
(e) Assist, to the extent needed, with the supervision and inspection of all supplies,
general services, and equipment purchased under this article to assure conformance with City
specifications;
(f) Supervise the transfer of surplus and unused supplies and equipment for sale or
disposal of such;
(g) Maintain up-to-date bidder's list,vendors'catalogs, files, and such other records as
needed to perform these duties;
(h) Ensure that purchasing specifications are written to encourage full competition;
(i) Perform such other tasks as may be necessary for the proper conduct of purchasing of
supplies, services, construction services, and equipment.
Sec. 2-514. City Council authorizes City Manager to implement administrative
regulations; sign purchase orders,contracts and agreements.
The City Council hereby authorizes the City Manager to establish and maintain written
administrative regulations and standards consistent with this article, which incorporate and
implement the City's purchasing and contracting procedures, including an implementation of the
purpose, goals and requirements of this article.
In accordance with California Government Code,Section 40602,the mayor shall execute all
contracts on behalf of the City, unless another city officer or employee is authorized to do so. In
addition to the Mayor,the City Manager is hereby authorized to execute purchase orders,contracts
and agreements on behalf of the city when authorized by this article or authorized by the City
Council by minute action or resolution.
Sec.2-515. Purchase orders.
(a) Except for departmental purchases as authorized by his article,purchases of supplies,
services, and special equipment/supplies in an amount under Five Thousand and no/100ths
($5,000.00) Dollars may be made by purchase order issued by the Purchasing Agent.
(b) The purpose of a Purchase Order is to ensure compliance with this article. The
Purchasing Administrative Regulations Manual may authorize additional exemptions from the
Purchase Order requirements if the procurement does not fall within the descriptions contained
within this article.Examples of such exemptions include:acquiring land or books,payments that are
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not for the actual purchase of services, goods or supplies,or payments of debt services.
Sec. 2-516. Encumbrance of funds.
Except in cases of emergency as described in this article, the Purchasing Agent shall not
issue any Purchase Order, for purchase of supplies, services or equipment unless there exists an
unencumbered appropriation in the fund account against which such purchase is to be charged or the
City Council has authorized said purchase.
Sec. 2-517. Solicitation and bidding exceptions.
(a) The competitive bid and RFP processes identified in this article are not applicable to
certain purchases. The following are exempt from bid processes of this article:
(1) Department purchases, as defined in this article;
(2) Travel/expense advances as authorized by the City's travel policy;
(3) Subscriptions;
(4) Trade circulars or books;
(5) Insurance premiums;
(6) Insurance payments;
(7) Reimbursement of expenses;
(8) Petty cash reimbursement;
(9) Medical payments;
(10) Newspaper advertisements and notices;
(11) Dues to approved organizations;
(12) Payments to other government units;
(13) Utility service payments,utility connection and/or installation charges;
(14) Attorney services;
(15) Franchise services, including solid waste and towing services;
(16) Postage, courier/delivery messenger services;
(17) Land purchases;
(18) Buildings purchases and leases;
(19) Debt service payments;
(20) Grants payment matches;
(21) Claim settlements;
(22) Specialized computer software and hardware;
(23) Buses and bus support equipment;
(24) Chemicals for City operations(i.e.,pool maintenance, water treatment)
(25) Electric motor controls;
(26) Fiber optics;
(27) Water fittings;
(28) Fire hydrants;
(29) Pipe and pipe fittings;
(30) Power generation materials and equipment;
(31) Pumps,regulators, relaying and protective devices;
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(32) Road and backfill material;
(33) SCADA equipment;
(34) Substation supervisory equipment;
(35) Treatment equipment;
(36) Valves and operators
(37) Electric Transformers, Primary& Secondary Copper Cable, Electric Switches &
Controllers;
(38) Computers, computer components and maintenance services.
Notwithstanding the exemption from bidding contained in this section, all monetary
thresholds for the award of contract contained in this article shall still apply.
Sec. 2-518. Contracts.
(a) All written contracts shall be approved by City Attorney as to form.Contracts shall
be prepared for professional,management,general or special services,and construction projects in
amounts of Five Thousand and no/1O0ths($5,000.00)Dollars and over.Contracts for an amount of
Fifty Thousand and no/100ths ($50,000.00) Dollars and less shall be approved/awarded by the
Purchasing officer,following any required selection process outlined in this article.Contracts with a
dollar amount exceeding Twenty Five Thousand and no/10Oths ($25,000.00) Dollars shall be
approved/awarded by City Council following a selection process outlined in this article.
(b) Contract Amendments. The Purchasing officer is authorized to issue Contract
Amendments as follows:
(1) If the contract was originally executed for an amount of Twenty Five
Thousand and no/100ths($25,000.00)Dollars or less,the Purchasing officer shall have the authority
to issue Contract Amendments, provided that the sum of all amendments, plus original contract
amount,shall not exceed Twenty Five Thousand and no/100ths($25,000.00)Dollars.If the amended
contract will exceed Twenty Five Thousand and no/1O0ths($25,000.00)Dollars,the City Council
shall approve the contract amendment.
(2) For a contract originally executed for an amount in excess of Twenty Five
Thousand and no/100ths ($25,000.00) Dollars and originally approved by City Council, the
Purchasing officer shall have authority to issue contract amendments,provided that the sum of all
contract amendments for any single contract shall not exceed the limit approved by City Council.If
the amended contract will exceed the limit previously approved by City Council, the contract
amendment must be approved by the City Council.
(c) Master Professional Services Contracts.For those Professional Services as defined in
Government Code Section 4526(and as otherwise amended or exempt by this article),master multi-
year contracts with several consultants with a general scope of work for on-call services may be set
up for a total not-to-exceed dollar amount as approved by City Council.
(1) A formal Request for Qualification process shall be used in accordance with
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Ordinance No.2015-06
this article and awarded based on qualifications.
(2) Task Orders shall be issued pursuant to the Master Contract with a specific
scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects for Twenty Five Thousand and no/100ths($25,000.00) Dollars or less.
(3) Any Task Order in an amount exceeding Twenty Five Thousand and
no/100ths($25,000.00)Dollars will require City Council's approval as pursuant to the terms of the
Master Contract.
(4) Task Orders shall not be issued for an amount exceeding One Hundred
Twenty-five Thousand and no/100ths ($125,000.00) Dollars. An individual Request for
Qualification process and a new contract awarded by the City Council shall be required.
(d) Master General Services Contracts.
(1) A Bid or a Request for Proposal/Qualification process may be used to procure
General Services and may be awarded based on qualifications plus reasonableness of cost.
(e) Public Works Contracts shall be required for public works in an amount of Five
Thousand and no/100ths($5,000.00)Dollars and over. The City Manager may award and execute
contracts for individual projects in an amount of One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars or less. The City Manager may award and execute contracts for individual
projects paid for with enterprise funds (electric,water, wastewater in an amount of One Hundred
Fifty Thousand and no/100ths ($150,000.00) Individual projects in an amount exceeding One
Hundred Twenty-five Thousand and no/100ths ($125,000.00) Dollars shall be approved by City
Council. Individual projects paid for with enterprise funds in an amount exceeding One Hundred
Fifty Thousand and no/100ths ($150,000.00) Dollars shall be approved by Utility Board.
(f) Change Orders. A Change Order shall be used to modify the contract documents
regarding contract price,schedule of payments,completion date,plans and specifications,expanding
scope of work due to change in conditions,and for unit price overruns and under runs,as specified
in the Contract. The work description and justification should relate to the original project and
should be necessary to achieve original scope of project.Additional tasks unrelated to the original
contract shall not be permitted. For authorized change orders,the Purchasing officer is authorized
to issue Change Orders up to the contract contingency amount approved by the City Council for the
individual contract as follows:
(1) Contracts in the amount over Twenty Five Thousand and no/100ths
($25,000.00) Dollars to an amount of One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars or less (One Hundred Fifty Thousand ($150,000.00) or less for enterprise
funded projects), subject to the following:
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(i) The Purchasing Officer may approve Change Orders until the
contract amount reaches One Hundred Twenty-five Thousand and no/100ths($125,000.00)Dollars
(One Hundred Fifty Thousand($150,000.00) for enterprise funded projects).
(ii) Once the original contract plus all accumulated Change Orders
reaches an amount that is equal to One Hundred Twenty-five and no/100ths($125,000.00)Dollars
(One Hundred Fifty Thousand ($150,000.00) for enterprise funded projects), subsequent Change
Orders must be approved by City Council prior to commencing the work.
(iii) Any single Change Order exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars must be approved by City Council prior to commencing with the
work. In emergency situations where stopping the work will result in severe repair or replacement
delays and subject the City to excessive additional costs,the Purchasing officer may approve such a
Change Order and shall give notice to City Council at the next regular City Council meeting.
(2) Contracts in an amount exceeding One Hundred Twenty-five Thousand
and no/100ths($125,000.00) Dollars(One Hundred Fifty Thousand($150,000.00) for enterprise
funded projects), subject to the following:
(i) The Purchasing officer may approve accumulative Project Change
Orders up to the contingency established and approved by City Council for each individual contract.
(ii) Any single Change Order exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars must be approved by City Council prior to commencing with the
work. In emergency situations where stopping the work will result in severe repair or replacement
delays and subject the City to excessive additional costs,the Purchasing officer may approve such
Change Order and shall give notice to the City Council at the next regular City Council meeting.
(g) Master Maintenance Service Contracts.
(1) A Request for Qualification process shall be used for Master Maintenance
Service Contracts.The purpose of a Master Maintenance Service Contract is to award discrete small
projects with several vendors which do not exceed Twenty Five Thousand and no/100ths
($25,000.00) Dollars per task order.
(2) Master Single or Multi-year Contracts may be set up with several vendors,
and will include a general scope of work and will establish an annual not-to-exceed dollar amount as
approved by City Council.
(3) Task Orders shall be issued pursuant to the Master Contract with a specific
scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects in an amount of Twenty Five Thousand and no/100ths($25,000.00)Dollars or
less.
Sec. 2-519. Bidding procedures.
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Except as authorized in this article,or in the case of emergencies as described in this article,
the purchase of supplies,equipment and special equipment/supplies,not included in the construction
contract or bid specification for a public works project, shall be made as follows:
(a) Department Purchases. A department may purchase specified and limited supplies,
and equipment, special equipment/supplies independently of the Purchasing Agent of a value less
than Five Thousand and no/100ths($5,000.00)Dollars,provided such department keeps a record of
such purchases and exercises reasonable prudence in seeking price quotes when purchasing such
items. All such purchases shall be made with funds in an unencumbered appropriation.
(b) Direct Purchase Order. The purchase of supplies, equipment, or special
equipment/supplies with the estimated value of Five Thousand and no/100ths($5,000.00)Dollars
but not more than Twenty Five Thousand and no/100ths ($25,000.00) Dollars shall be made by
written bidding procedure as follows:
(1) The responsible department shall prepare a written product specification
describing the minimum requirements of the purchase.
(2) The department shall endeavor to obtain at least three written quotes to the
informal request for bid.
(3) Written responses may be made by mail, fax, or e-mail directly to the
department representative requesting the item.Further negotiation with a vendor to negotiate a lower
price based on the bid responses received from other vendors is prohibited. A written record and
tabulation shall be made at that time the bid response is received and opened.All written responses
must be retained by the department for three years.
(4) Bid evaluation procedures. All bids shall be analyzed by the department for
compliance with bid specifications,and the department shall prepare an analysis of the bid process.
(i) Award will go to the lowest responsive/responsible bidder.
(ii) Quality, quantity,and service being equal,a local preference of five
(5%)percent shall be given to local vendors located within the City of Azusa.
(iii) If the Department Head determines that all the bids received are
unacceptably high,or specifications were unclear,the department may reject any bids received and
the item may be rebid.
(5) No bids received. In the event no bids are received, the Department Head
requesting the purchase shall have the option of any of the following:
(i) Abandoning the purchase;
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(ii) Rebidding the purchase; or
(iii) Requesting Purchasing Officer approval to obtain the item, supply,
service,or equipment on a direct negotiated contract.
(6) The department shall prepare a written recommendation to the Purchasing
Officer for award or rejection of bids.
(7) Award. The Purchasing Officer shall reject all bids or award the purchase
contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose
intended according to criteria designated in the bid and the contract award amount is within the
unencumbered appropriation for that item. Purchasing Officer may waive any minor bid
irregularities and shall award informal bids up to Twenty Five Thousand and no/100ths
($25,000.00)Dollars.
(c) Formal Bid Procedures.For supplies,equipment,or special equipment/supplies with
an estimated value in an amount exceeding Twenty Five Thousand and no/100ths ($25,000.00)
Dollars purchases shall be made in accordance with the following formal written procedures:
(1) Published Notices.A notice inviting bids shall be published at least fourteen
(14)calendar days before the date of the opening of bids.The notice shall be published at least once
in a newspaper of general circulation printed and published in the City, and in appropriate trade
publications,if any,circulated within the general area and posted on the City's website. Such other
notice as the Purchasing Agent deems appropriate shall be made.
(i) Notices inviting bids. Notices inviting bids shall include a general
description of the goods,articles,services,or equipment to be purchased or required,state where bid
blanks and specifications may be secured,describe any performance or bid security required,and the
time and place for the opening of bids;
(ii) Bidder's List.The Purchasing Agent shall maintain a list of responsible
bidders for various categories of supplies or equipment.A notice of the solicitation for a bid shall be
sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for
the category or equipment, supplies or general services subject to the bid request or posted on the
City's website and distributed through mass e-mail notifications; and
(iii) Bulletin Board.The bid invitation shall be posted on a public bulletin
board in the City Hall complex.
(2) Bidder's Security/Failure to Sign Contract.If the City requires a bidder's bond
or other form of security,the bidder's security shall be prescribed in the notice inviting bids in an
amount equal to ten(10%)percent of the amount bid.Bidder's security shall be either a cash deposit
with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful
bidders shall be entitled to the return of bid security within sixty(60)days of the date of the award.
However,the lowest responsive and responsible bidder shall forfeit all or part of his/her bid security,
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as may be determined by the City Council,upon the bidder's refusal or failure to execute the contract
within fourteen(14)days after the date of the award of the contract. On the refusal or failure of the
lowest responsive and responsible bidder to execute the contract, the City Council may award the
contract to the next lowest responsive and responsible bidder.
(3) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk's
office and shall be identified as to bidder,project,and"Bid"on the envelope.Bids shall be opened
by City staff in public at the time and place stated in the notice inviting bids. A written record and
tabulation shall be made at the time of all bids received.
(4) Bid Evaluation Procedures. 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 local
preference of five(5%)percent but not more than Five Thousand and no/100ths($5,000.00)Dollars
shall be given to local vendors located within the City of Azusa. 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. All bids shall be analyzed by the Purchasing Agent and the department for compliance
with bid specifications.The department shall prepare a recommendation for award or rejection to the
City Council.
(5) Rejection of Bids. If the City Council determines that bids are excessively
high or that specifications were unclear, or if no bids are received,the City Council may reject all
bids presented and use whatever method it deems appropriate,such as rebid,abandon acquisition,or
negotiate a contract to complete the purchase.
(6) Award of Contracts. Contracts shall be awarded by the City Council to the
lowest responsive and responsible bidder whose bid fulfills the purpose intended according to the
criteria designated in the solicitation,and provided the award amount is within the unencumbered
appropriation for that item. The City Council may waive any minor bid irregularities.
(7) Tie Bids. If two (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 re-
advertising for bids, the City Council may accept either bid or accept the lowest bid made by
negotiation with the tied bidders.
(8) Performance Bonds. The City may require a performance bond in such
amount as it shall find reasonably necessary to protect the public interest. If the City requires a
performance bond,the form and amount of the bond shall be described in the notice inviting bids.
Sec. 2-520. Special equipment/supplies; sole source purchases.
(a) Special Equipment/Supplies.In purchasing any special equipment or supplies needed
to be compatible with existing equipment, or to perform complex or unique functions, the
Purchasing Agent and Department Head in consultation with one another may:
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(1) Limit bidding to a specific product type, or a brand name product; or
(2) Utilize a request for proposal approach where warranties, service and/or
maintenance obligations,and product performance will be evaluated in addition to the price of the
product. The award of the contract should be to the proposer staff deems is in the best public
interest.
(b) Sole Source Purchases. Unique commodities or services that can be obtained from
only one vendor, or one distributor authorized to sell in this area, with singular characteristics or
performance capabilities or which have specific compatibility components with existing City
products are exempt from the competitive bidding requirements and are deemed sole source
purchases. Sole source purchases may also include proprietary items sold direct from the
manufacturer.
(1) All sole source purchases shall be supported by written documentation
indicating the facts and nature supporting the determination of a sole source, signed by the
Department Head and forwarded to the Purchasing Officer. The Purchasing Officer shall approve
sole source acquisitions in an amount of Twenty Five Thousand and no/100ths($25,000.00)Dollars
or less.
(2) Approval of any sole source acquisition shall be obtained from City Council
for an award of a contract for an amount exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars.
Sec. 2-521. Cooperative,piggyback and multiple awarded bid purchasing with
other agencies.
(a) Cooperative and Piggyback Purchasing.The bidding requirements of this article shall
not apply to purchasing of any equipment or supplies which the Purchasing Agent determines to be
in the best interest of the City obtained through a cooperative competitive bidding procedure or a
"piggyback" contract prepared by and processed through another local, state, or federal
governmental agency or joint powers authority made up of government agencies,including but not
limited to the California Multiple Award Schedules (CMAS), California Communities, US
Communities,General Services Administration(GSA)or Government Wide Acquisition Contracts
(GWAC). The dollar limits shall be pursuant to the cooperative or piggyback contract awarded by
the other agency or schedules approved by the cooperative entity.
(b) Multiple Awarded Bids.If the Purchasing Agent determines it to be in the City's best
interest, the Purchasing Agent is authorized to use federal, state, or other governmental agency
multiple awarded contracts. Staff must obtain quotes from at least three vendors on the awarded
contract list and award the bid to the lowest responsive and responsible bidder.
Sec.2-522. Recycled supply products specification.
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If in procuring supplies, a recycled product can achieve the necessary City performance
standard, and if such recycled product is readily available, specifications should, if economically
feasible,require products made with recycled materials be bid.If the Department Head determines
that(1)a recycled product lacks performance capabilities or needed quality levels,or(2)a sufficient
amount of said recycled or reusable product is not currently available in the market,then a reduced
percentage can be required, or the supply specification can be limited to non-recycled or virgin
materials. When recycled products are required, reasonable efforts shall be made to label the
products as containing recycled materials.As used in this section,recycled products does not mean
used products,but is limited to new products made with materials which have been recycled.
Sec. 2-523. Emergencies.
The bidding procedures of this article may be dispensed with in the case of emergency.An
emergency shall exist when the service,repair,or replacements are immediately necessary to permit
the continued performance of essential operations or services of the City,or result in excessive costs
if not immediately remedied,or to avoid the immediate danger to life,health,or property.The City
Council delegates authority to the City Manager to declare such procurement emergency. If the
purchase is Twenty Five Thousand and no/100ths($25,000.00)Dollars and over,the City Manager
shall give notice of the purchase process to the City Council.
Sec.2-524. Local preference.
(a) To promote economic development and maintain a healthy economic base in the City
of Azusa, as well as encourage businesses to move into the City's jurisdiction, the City supports
employment and local business opportunities which in turn promote the City's economic growth.As
such,the City has determined it is in its best interest to provide a preference to local vendors.
(b) Local Preference in Purchasing. In the bidding of, or contracting for
procurement of supplies, materials, and equipment as provided in these sections, the Purchasing
Officer may give a preference to responsive,responsible,local vendor located in the City of Azusa
in an amount not-to-exceed five (5%) percent of the local vendors' total net bid price, or Five
Thousand and no/100ths ($5,000.00) Dollars, whichever is lower. The granting of this local
preference shall be approved or not based on a determination by the Purchasing Officer/Agent that
quantity and quality of the local product is equal to that of the next lowest bidder.
This local preference is not applicable to: (1)bids for public projects as defined by Public
Contracts Code Sections 20161 and 22002,(2)bids funded by grants which prohibit its use,and(3)
contracts for professional, management, general,and special services.
Sec.2-525. Staging of purchases prohibited.
Purchases and Public Works contracts shall not be knowingly staged or separated into
smaller units or segments solely for the purpose of evading the competitive formal or informal
bidding requirements of this chapter.
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Sec.2-526. Inspection and tests.
The Purchasing Agent or department requesting the item shall inspect all deliveries of
supplies and equipment to assure conformance with the contract or order specifications. The
Purchasing Agent, at his/her discretion, may require chemical and physical tests of samples or
supplies and equipment as he/she deems necessary to determine the quality in conformance with
those specifications.
Sec. 2-527. General services.
(a) General services as defined in this article shall be procured either through the bid
process outlined in Section 2-519 with the emphasis on awarding to the "lowest responsive
responsible bidder" or through the Request for Proposal process outlined in Section 2-538 of this
article with emphasis on factors other than price.
(b) Factors to Consider. If it is determined by the department in consultation with the
Purchasing Agent that all vendors providing a service classification can equally provide the service
satisfactorily, a bid process would be appropriate. However, if factors other than price need to be
considered in awarding the contract,the Request for Proposal(RFP)process may be used.Examples
of areas other than price that may be important in awarding the contract include: experience level,
competence, resources/equipment, staffing levels, services available/time factors, and other
qualifications determined by each City department responsible for recommending the service
contract that may be important to consider.
(c) Master General Services Single or Multi-year Contracts may be awarded to multiple
service providers following a formal Request for Proposal/Qualification process using the
procedures set forth in Section 2-538 of this article. Award of master contracts and negotiating task
orders should follow the procedure set out in Section 2-518.
Sec.2-528. Uniform construction cost accounting procedures for public projects.
The City Council has elected to become subject to the Uniform Construction Cost
Accounting Procedures as established by the California Uniform Construction Cost Accounting
Commission.
Sec. 2-529. Bidding procedures for various public project amounts.
(a) A public project of Thirty Thousand and no/100ths($30,000.00)Dollars or less may
be performed by City employees by force account,by negotiated contract, or by Purchase Order.
(b) A public project of an estimated amount exceeding Thirty Thousand and no/100ths
($30,000.00) Dollars but not more than One Hundred Twenty-five Thousand and no/100ths
($125,000.00)Dollars may be let to contract by informal bid procedures as set forth in this article.
(c) A public project in an amount exceeding One Hundred Twenty-five Thousand and
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no/100ths($125,000.00)Dollars shall,except as otherwise provided in this article,be let to contract
by formal bidding procedures.
Sec. 2-530. Adoption of plans.
The City Engineer or his designee shall approve the plans,specification and working details
of all public works projects.The City Council shall approve and adopt the plans,specifications,and
working details, as well as authorize the bid request for all Public Works projects for an amount
exceeding One Hundred Twenty-five Thousand and no/100ths ($125,000.00) Dollars. The City
Engineer is delegated authority to approve and adopt the plans,specifications,and working details
for all Public Works projects less than One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars.
Sec. 2-531. Negotiated contract or purchase order procedures.
For those projects qualifying under subsection(a)of Section 2-529,the project manager shall
obtain a cost estimate from the project engineer or architect prior to issuing a Purchase Order or
negotiating a contract with a responsible contractor. For any City force account work, the project
manager shall first comply with the guidelines established by the California Uniform Construction
Cost Accounting Commission in determining the cost of the public project.
The City Manager shall have the authority to award and to execute any contract for the
public project qualifying under subsection(a) and(b) of Section 2-529.
Sec.2-532. Informal bidding procedures.
For those projects which qualify under subsection(b) of Section 2-529 for informal
bidding, the following procedures shall be used:
(a) Bidder List. The City shall maintain a list of qualified contractors, identified
according to categories of work. Minimum criteria for development and maintenance of the
contractors'list shall be consistent with the California Uniform Construction Cost Accounting rules.
(b) Notice. Unless the product or service is proprietary,all contractors on the City's list
for the category of work being bid shall be mailed a notice inviting informal bids, or an
announcement/ advertisement shall be placed in all construction trade journals specified in this
section, or both such mailing and advertising. The trade journals shall be those identified by the
California Uniform Construction Cost Accounting Commission as appropriate for this area. In
addition,notice shall be posted on the City's website.
(c) Bidder's Security/Failure to Sign Contract.Bidder's security shall be prescribed in the
notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security
shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a
bidder's bond.Unsuccessful bidders shall be entitled to the return of bid security within sixty(60)
days of the date of the award.However,the lowest responsive and responsible bidder shall forfeit all
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or part of his/her bid security,as may be determined by the City Council,upon the bidder's refusal or
failure to execute the contract within fourteen(14)days after the date of the award of the contract.
On the refusal or failure of the lowest responsive and responsible bidder to execute the contract,the
City Council may award the contract to the next lowest responsive and responsible bidder.
(d) Minimum Time Period. All mailing of notices to contractors and announcements/
advertisements published in the construction trade journals pursuant to subdivision (b) shall be
completed not less than ten(10)calendar days before bids are due.
(e) Notice Contents. The notice inviting informal bids shall describe the project in
general terms, how to obtain more detailed information about the project, and state the time and
place for the submission of bids.
(f) Performance/Labor/Materials Bonds.A labor and materials bond,plus a performance
bond shall be required,from a surety company licensed to do business in California and acceptable
to the City, in amounts equivalent to the total contract amount.
(g) Bid Opening Procedure.Sealed bids shall be submitted to the City Clerk's office and
shall be identified as to bidder,project,and"Bid"on the envelope.Bids shall be opened by the City
Clerk's staff in public at the time and place stated in the notice inviting bids.At that time,a written
record and tabulation shall be made of all bids received, and shall be open for public inspection
during regular business hours for a period of one year after the bid opening. The project manager
shall make an analysis of the bids for compliance with bid specifications, and thereafter, make a
recommendation for award or rejection.
(h) Award. The Purchasing officer shall award the contract or reject the bids. The
Purchasing Officer may waive minor bid irregularities.
(i) Change Orders. A Change Order shall be used to modify the contract documents
regarding contract price, schedule of payments, completion date,plans and specifications, and for
unit price overruns and under runs,as specified in the Contract.Work description and justification
must relate to the original project and must be work necessary to achieve original scope of project.
After a determination that costs are merited by developments in a specific project, the Purchasing
officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency
approved by the City Council as awarded for the individual contract as follows:
(1) Purchasing officer may approve Project Change Orders until the contract
reaches One Hundred Twenty-five and no/100ths ($125,000.00) Dollars (One Hundred Fifty
Thousand and no/100ths Dollars for projects using enterprise funds).
(2) Once the original contract plus all accumulated Change Orders are in an
amount that is equal to One Hundred Twenty-five and no/100ths ($125,000.00) Dollars (One
Hundred Fifty Thousand and no/100ths Dollars for projects using enterprise funds),the contract and
subsequent Change Orders must be approved by City Council prior to commencing with the work.
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(3) Any single Change Order exceeding Fifty Thousand and no/100ths
($50,000.00) Dollars must be approved by City Council prior to commencing with the work. In
urgency situations,where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs due to the delay in the project,Purchasing officer may
approve such Change Order and shall give notice to City Council at the next City Council meeting.
(j) Bids in Excess of Statutory Amount.If all bids received are in excess of One Hundred
Twenty-five Thousand and no/100ths($125,000.00)Dollars,the City Council may,by passage of a
resolution by a four-fifths(4/5)vote,award the contract up to One Hundred Thirty-seven Thousand
Five Hundred and no/100ths($137,500.00)Dollars or less to the lowest responsive and responsible
bidder if it determines the cost estimate of the City was reasonable.
(k) The Purchasing Officer shall provide the City Council with a list of projects and their
amounts approved pursuant to this section at least once per month.
Sec. 2-533. Formal Bidding Procedures.
For those projects requiring formal bidding under Section 2-529, the following procedures
shall be used:
(a) Publication. A notice shall be published, at least once, fourteen(14) calendar days
before the date of opening the bids in a newspaper of general circulation printed and published in the
jurisdiction of the City.The notice inviting formal bids shall also be mailed to all construction trade
journals specified by the California Uniform Construction Cost Accounting Commission as
appropriate for the area.The notice shall be mailed at least thirty(30)calendar days before the date
of opening the bids. The notice inviting formal bids shall state the time and place for the receiving
and opening of sealed bids and distinctly describe the project. In addition to notice required by this
section,the City may give such other notice as it deems proper.
(b) Bidder's Security/Failure to Sign Contract.Bidder's security shall be prescribed in the
notice inviting bids in an amount equal to ten(10%)percent of the amount bid. Bidder's security
shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a
bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty(60)
days of the date of the award.However,the lowest responsive and responsible bidder shall forfeit all
or part of his/her bid security,as may be determined by the City Council,upon the bidder's refusal or
failure to execute the contract within ten(10)days after the date of the award of the contract.On the
refusal or failure of the lowest responsive and responsible bidder to execute the contract,the City
Council may award the contract to the next lowest responsive and responsible bidder.All bids must
be signed by person authorized to bind company to bid terms.
(c) Bid opening Procedure.Sealed bids shall be submitted to the City Clerk's Office and
shall be identified as to bidder,project,and"Bid"on the envelope.Bids shall be opened by the City
Clerk's staff in public at the time and place stated in the notice inviting bids. A written record and
tabulation shall be made at that time of all bids received, and shall be open for public inspection
during regular business hours for a period of one year after the bid opening. The project manager
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shall make an analysis of the bids for compliance with bid specifications and, thereafter, make a
recommendation for award or rejection.
(d) Award of Contracts/Minor Irregularities. Contracts shall be awarded by the City
Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended,
according to criteria designated in the solicitation, and provided the award amount is within the
unencumbered appropriation for that item. The City Council may waive minor bid irregularities.
(e) Change Orders. A "Change Order" shall be used to modify the contract documents
regarding contract price, schedule of payments,completion date,plans and specifications, and for
unit price overruns and under runs,as specified in the Contract.Work description and justification
must relate to the original project and must be work necessary to achieve original scope of project.
After a determination that costs are merited by developments in a specific project,the Purchasing
officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency
approved by the City Council as awarded for the individual contract as follows:
(1) Purchasing officer may approve accumulative Project Change Orders up to the
contingency established and approved by City Council for each individual contract.
(2) Any single Change Order exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars must be approved by City Council prior to commencing with the work. In
emergency situations where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs due to the delay in the project,Purchasing officer may
approve such Change Order and shall give notice to the City Council at the next City Council
meeting.
(f) Tie Bids. If two or more bids received are for the same total amount or unit price,
quality and service being equal,and if the public interest will not permit the delay or re-advertising
for bids,the City Council may accept either bid.
(g) Performance/Labor/materials Bonds.A labor and materials bond,plus a performance
bond shall be required, from an acceptable surety, in such amounts and in such a form as the City
finds reasonably necessary to protect the public interest.
(h) No Bids,if no bids are received, the project may be performed by City employees
by force account, or by informal bidding procedures without further complying with this article.
Sec.2-534. Rejection of bids.
(a) In its discretion, the City Council may reject any bids presented. If after the first
invitation for bids all bids are rejected, the City shall state the reasons for the rejection, and after
reevaluating its cost estimates of the project,the City shall have the option of either of the following:
(1) Abandoning the project or re-advertising for bids in the manner described
by this article.
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(2) By passage of a resolution by a four-fifths(4/5) vote of the City Council
declaring that the project can be performed more economically by City employees,may have the
project done by force account without further complying with this article.
Sec. 2-535. Emergencies; procedure.
In cases of great emergency as determined by the City Council,including,but not limited to,
states of emergency defined in Section 8558 of the Government Code,when repair or replacements
are necessary to permit the continued conduct of the operation of services of the City, or to avoid
danger to life or property, the City Council, by majority vote, may proceed at once to replace or
repair any public facility without adopting plans,specification,or working details,or give notice for
bids to let a contracts.The work may be done by City forces,by contract,or by a combination of the
two(2).The City Council delegates to the City Manager,the authority to declare a public emergency
subject to confirmation by the City Council by a four-fifths(4/5)vote, at its next meeting.
Sec.2-536. Staging of public works contracts.
Public Works contracts shall not be knowingly staged or separated into smaller units or
segments solely for the purpose of evading the competitive bidding requirements of this chapter.
Sec. 2-537. Bid protests.
Any interested party may file a protest regarding the procurement decisions authorized under
this chapter.
(a) Notice of Decision.After a decision regarding a public project procurement having a
value over Twenty Five Thousand and no/100ths ($25,000.00) Dollars has been made, the
Department Head or designee shall notify all persons who submitted a response to a City solicitation
of intended award. If a bidder is rejected because the bid is found non-responsive or because the
bidder is deemed not-responsible, the City will give written notice to said bidder of evidence
reflecting such decision.
(b) Time to File Protest. All protests must be filed in writing and received by the
Department Head within five(5)business days of the date on the notice of intended award.
(c) Form of Protest.All protests shall be in writing,state the grounds for the protest,state
the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or
another bidder was either non-responsive or not responsible. All protests have to be filed in
accordance with the instructions contained in the solicitation which is the subject of the protest.
(d) City Manager Review. The City Manager or designee shall review the protest and
issue a written decision on the protest.The City Manager or designee may base the decision on the
written protest alone or may informally gather evidence from the person(s)filing the protest or any
other person having relevant information.For procurements having a value of One Hundred Twenty-
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five Thousand and no/100ths ($125,000.00) Dollars or less, the City Manager's or designee's
decision shall be final.
(e) Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a
"responsible"bidder,the protesting party must submit materials set forth in subdivision(c)above for
consideration.An opportunity to be heard will be set within a reasonable time to provide a decision
before final approval of the selected low bid. For procurements having a value of One Hundred
Twenty-five Thousand and no/100ths($125,000.00)Dollars or less,the City Manager's or designee's
decision shall be final.
(f) Appeal of City Manager's Decision to City Council.For procurements having a value
exceeding One Hundred Twenty-five Thousand and no/100ths($125,000.00)Dollars,an appeal of
the City Manager's decision may be filed with the City Council.All such appeals must be in writing,
and shall be filed with the City Clerk within five (5) business days from the date of the City
Manager's decision.
(g) Failure to Timely Appeal. An interested party who fails to file a protest within the
times set forth in this section waives any right to protest the issue further. No appeal to either the
City Manager or City Council of any decision to award a bid under may occur once the contract has
been awarded.
Sec. 2-538. Award of professional,management,general or special services
contracts based upon competence.
Factors to Consider. In contracting for professional services listed in Government Code
Section 4526, selection shall be based on demonstrated competence and on professional
qualifications necessary for the satisfactory performance of the services and solicited through a
Request for Qualification process.
In contracting for professional services contracts should only be awarded to firms or persons
who have demonstrated "adequate competence" meaning: an adequate level of experience,
competence,training,credentials,character,integrity,reputation,financial responsibility,resources,
equipment,staffing,and other professional qualifications necessary for the service. The cost of the
service may be considered,however,the lowest cost may not be the sole factor in deciding which
firm or who shall be awarded the contract. It may be in the City's best interest to award the contract
to a higher priced contractor based on the scope of services, availability, unique skills, staffing
levels, timing, prior experience, familiarity with the City and other factors required by the
department.The information needed for determining that level of competence,other qualifications,
and the procedure for selecting such services shall be determined by the City department responsible
for recommending the service contract.
(a) Request for Proposal/Qualifications. The acquiring of services shall be procured
through negotiated contract following a Request for Proposal/Qualifications process. Contracting
for services is decentralized and shall be the responsibility of the Department Head requesting the
service. The Purchasing Agent may be contacted to assist in the formal Request for
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Proposal/Qualification(RFP/Q)process.
(b) Contracts,not within(a)above,for an amount less than Five Thousand and no/100ths
($5,000.00) Dollars.A Department Head may award contracts up to Five Thousand and no/100ths
($5,000.00) Dollars with qualified consultants/firms.
(c) Contracts for an amount exceeding Five Thousand and no/100ths($5,000.00)Dollars
but not more than Twenty Five Thousand and no/100ths ($25,000.00) Dollars. The requesting
department shall meet the following requirement unless an urgency exists pursuant to this article:
(1) Selection Process.Prepare an informal written document and contact as many
companies as necessary to receive a minimum of three(3)written responses from consultants/firms.
This requirement may be waived for good cause in writing by the Department Head and Purchasing
Agent in consultation with one another.
(2) Award.The Department Head shall prepare a written recommendation to the
Purchasing Officer for the firm or person to be awarded the contract. The Purchasing Officer shalt
award the contract.The Purchasing Officer shall provide the City Council with a list of contracts and
their amounts approved pursuant to this section at least once per month.
(3) Contract Document. A written contract must be established and the
Purchasing officer or designee must sign/approve any service contract in an amount exceeding Five
Thousand and no/100ths ($5,000.00) Dollars but not more than Twenty Five Thousand and
no/100ths($25,000.00)Dollars.
(d) Contracts for an amount exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars and over. Departments shall utilize a Sealed Request for Proposal process
essentially meeting the following requirements unless an emergency exists pursuant in Section 2-523
of this article:
(1) Request for Proposal/Qualification(RFP/Q) solicitation process. A formal
Sealed Request for Proposal/Qualification(herein "RFP/Q")document shall be developed for
solicitation of professional, management, or general and special services contracts for an amount
exceeding Twenty Five Thousand and no/100ths($25,000.00) Dollars.
(2) Advertisement. The department shall advertise in appropriate publications
and/or use the Professional Services Listings, as available, and post on the City's website, during
the solicitation process.
(3) Fourteen (14) Day Notice. Notice inviting RFP/Q's shall be posted at City
Hall at least fourteen(14)calendar days before the due date of submission of the RFP/Q.
(4) Notice Contents. The notice shall include a description of general type of
service needed, how the RFP/Q minimum Scope of Work can be obtained, any pre-proposal
conferences anticipated, the requirement of a written sealed proposal, state the closing date, and
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place and time for submission of the RFP/Q.
(5) Solicitation Procedure.Sealed Request for Proposals/Qualifications should be
submitted to,the department.RFP/Q's need not be opened publicly.All proposals shall be analyzed
by the department for compliance with RFP/Q requirements, value of the total scope of services.
Follow-up interviews of the most qualified of those submitting a proposal should be held.
(6) Award.Professional,Management,General,and Special Services contracts of
an amount exceeding Twenty Five Thousand and no/100ths($25,000.00)Dollars should be awarded
by City Council.
(7) Contract Amendments.The Purchasing officer is authorized to issue Contract
Amendments as follows:
(i) If the contract was originally executed for an amount of Twenty Five
Thousand and no/100ths($25,000.00)Dollars or less,the Purchasing officer shall have the authority
to issue Contract Amendments, provided that the sum of all amendments, plus original contract
amount,shall not exceed Twenty Five Thousand and no/100ths($25,000.00)Dollars.If the amended
contract will exceed Twenty Five Thousand and no/100ths($25,000.00)Dollars,the City Council
shall make a finding that it is in the best interest of the City to waive the normal selection process
and approve the amendment to the contract.
(ii) For a contract originally executed for an amount of Twenty Five
Thousand and no/100ths($25,000.00)Dollars and over and originally approved by City Council,the
Purchasing officer shall have authority to issue contract amendments,provided that the sum of all
contract amendments for any single contract shall not exceed the amount approved by City Council.
If the amended contract will exceed the amount previously approved by City Council,the contract
amendment must be approved by City Council.
(8) Master Professional Services Contracts. For those professional services as
defined in Government Code Section 4526, master single or multi-year contracts with several
consultants with a general scope of work may be set up for a total not-to-exceed dollar amount as
approved by City Council.
(i) A formal Request for Qualification process shall be used in accordance
with this article and awarded based on qualifications plus reasonableness of cost.
(ii) Task Orders shall be issued pursuant to the Master Contract with a
specific scope of work and the Purchasing officer shall have authority to execute such Task Order
for individual projects for Twenty Five Thousand and no/100ths ($25,000.00) Dollars or less.
(iii) Any Task Orders in an amount exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars will require City Council's approval pursuant to the terms of the
Master Contract.
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Sec.2-539. Waiving of purchasing procedures.
In its discretion,the City Council may at any time,without amending this chapter,waive the
purchasing procedures or alter these proceedings to fit a specific purchase or contract, when such
waiver is not in violation of state or federal law. A request for waiver should occur only when
unforeseen circumstances or emergencies arise that justify an exception to following the provisions
of this article, the City will not be prejudiced by such waiver and is in the best interest of the City
and its operations.
Sec.2-540. Design-Build Authority.
Notwithstanding the requirements of this article regarding public bidding for public works
projects and contracts, the City Council may approve the use of an alternate public works
construction project procurement procedure instead of the bidding procedure set forth in this article
as follows:
(a) The alternate procedure may include the Design-Build method of construction
whereby the City enters into a single contract with a developer or contractor for the design and
construction of the facility.
(b) The contractor or developer may be procured by a selection process based on the
criteria of experience, qualifications and best value.
(c) This procedure/method may be used,but is not limited to use,when it is anticipated
that the method will reduce project cost,expedite project completion, enable use of public/private
partnership forms of project finance,and/or create certainty for total project expense.
(d) Design Build public works projects and contracts may be negotiated and awarded on
such procedures,terms and conditions as the City Council deems appropriate in the exercise of its
authority as a Charter City, and may be set forth by the City Council by resolution.
(e) The project amount complies with any dollar thresholds contained in the California
Public Contract Code for design build procedures(California Public Contract Code,Section 1100.7).
The provisions of this section authorizing the use of the Design- Build construction
procurement method shall be the prevailing regulations for public works design and construction
procurement where there are conflicts between the provisions of this ordinance and the contract
provisions of the Public Contract Code,pursuant to Section 1100.7 of the California Public Contract
Code."
SECTION 2: If any provision of this Ordinance or the application thereof to any person or
circumstances is for any reason deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other
provision or applications, and to this end the provisions of this Ordinance are declared to be
severable. The City Council hereby declares that it would have adopted each section irrespective of
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the fact that any one or more sections, subsections, subdivisions, sentences,clauses,or phrases be
declared unconstitutional, invalid, or unenforceable.
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance,
and shall cause it, or a summary of it, to be published as required by law, and it shall be effective
thirty(30) days after its adoption.
PASSED,APPROVED and ADOPTED this day of , 2015.
Joseph Romero Rocha, Mayor
ATTEST:
Jeffrey Lawrence Cornejo,Jr.,City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No.2015-06,was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the day of
,2015 and that thereafter,said Ordinance was duly adopted and passed at a regular meeting of
the Azusa City Council on the day of , 2015 by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jeffrey Lawrence Cornejo,Jr., City Clerk
APPROVED AS TO FORM:
Best Best& Krieger LLP,City Attorney
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r
ATTACHMENT 2
CITY MANAGER EMERGENCY EXPENDITURE APPROVAL LIMIT
WHEN LIFE,LIMB,OR PROPERTY ARE CONCERNED
Municipal Utility Approval Limit Exceptions
ANAHEIM UNLIMITED Normal Limits:$100K
BANNING UNLIMITED Normal Limits:$25K
BURBANK UNLIMITED Public Works Projects subject to bidding
GLENDALE UNLIMITED Normal Limits:$100K
PASADENA UNLIMITED Normal Limits:$74,999K
RIVERSIDE UNLIMITED Normal Limits:$50K
Several cities with electric utilities also have solicitation and bidding exemptions on pad mount&pole
type transformers,all copper cable,and switchgear.
In the event of an emergency that requires"over the approval limit"spending,all City Managers are
required to report the incident/expenditure at the next City Council/Utility Board meeting.
ORDINANCE NO. 2015-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING AND RESTATING ARTICLE VII, CHAPTER 2 OF THE
AZUSA MUNICIPAL CODE RELATING TO BIDDING, CONTRACTING
AND PURCHASES OF PROJECTS, SUPPLIES, SERVICES AND
EQUIPMENT
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1: Article VII, Chapter 2 of the Azusa Municipal Code is hereby deleted in
its entirety and restated to read as follows:
"ARTICLE VII. - BIDDING AND CONTRACTING, AND OTHER PURCHASES OF
PROJECTS, SUPPLIES, SERVICES AND EQUIPMENT
Sec. 2-511. - Purpose.
Sec. 2-512. - Definitions.
Sec. 2-513. –Purchasing Agent—Powers and duties.
Sec. 2-514. - City Council authorizes City Manager to implement administrative
regulations; sign purchase orders, contracts and agreements.
Sec. 2-515. - Purchase orders.
Sec. 2-516. - Encumbrance of funds.
Sec. 2-517. - Solicitation and bidding exceptions.
Sec. 2-518. - Contracts.
Sec. 2-519. - Bidding procedures.
Sec. 2-520. - Special equipment/supplies; sole source purchases.
Sec. 2-521. - Cooperative,piggyback and multiple awarded bid purchasing with other
agencies.
Sec. 2-522. - Recycled supply products specification.
Sec. 2-523. - Emergencies.
Sec. 2-524. - Local preference.
Sec. 2-525. - Staging of purchases prohibited.
Sec. 2-526. -Inspection and tests.
Sec. 2-527. - General services.
Sec. 2-528. –Uniform construction cost accounting procedures for public projects.
Sec. 2-529. –Bidding procedures for various public project amounts.
Sec. 2-530. –Adoption of plans.
Sec. 2-531. –Negotiated contract or purchase order procedures.
Sec. 2-532. –Informal bidding procedures.
Sec. 2-533. –Formal bidding procedures.
Sec. 2-534. –Rejection of bids.
Sec. 2-535. –Emergencies; procedure.
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Sec. 2-536. —Staging of public works contracts.
Sec. 2-537. —Bid protests.
Sec. 2-538. —Award of professional,management, general or special services contracts
based upon competence.
Sec. 2-539. —Waiving of purchasing procedures.
Sec. 2-540 -- Design Build Authority.
Sec. 2-511. Purpose.
The purpose of this article is to establish efficient procedures for the purchase of supplies,
general services, professional services and equipment, and establish procedures for bidding and
contracting of public works projects consistent with state law.These procedures shall be interpreted
to not be overly time consuming and cumbersome, while allowing the City to obtain the best
services, and acquire quality supplies and equipment in an overall economic manner at the lowest
reasonable cost. The purpose of this article is to emulate best practices in municipal purchasing
procedures.
Sec.2-512. Definitions.
(a) Bidder's List. "Bidder's List" shall mean a list of responsible prospective vendors
capable of providing the services or items being bid upon.
(b) Cooperative Bid. "Cooperative Bid" is when several government agencies join
together to create one bid document combining all agencies product volume for consideration of the
bidder in determining the unit cost.
(c) Emergency. "Emergency" for purposes of public projects shall have that meaning
provided in California Public Contract Code Sections 22035 and 22050.
(d) Equipment."Equipment"shall mean furnishings,machinery,vehicles,rolling stock,
and other personal property used by the City in its operations.
(e) General Services. "General Services" are services which do not require any unique
skill,special background or training. Obtaining such services at the lowest cost should be the single
most important factor in selection. Other factors may include personal performance and experience.
Examples of general services include uniform cleaning and maintenance services.
(0 Local vendor. "Local vendor"shall mean 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.
(g) Maintenance Work."Maintenance Work"shall have that meaning provided in Section
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22002(d)of the Public Contract Code,as that Section may be amended from time to time,and shall
include, but shall not be limited to, all of the following: :
(1) Routine,recurring,and usual work for the cleaning,preservation,or protection
of any publicly owned or publicly operated facility for its intended purposes.
(2) Minor repainting.
(3) Resurfacing of streets and highways at less than one(1") inch.
(4) Landscape maintenance, including mowing, watering, trimming, pruning,
planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5) 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 two hundred thirty thousand(230,000) volts and higher.
(h) Multiple Awarded Bid.When a bid is awarded to more than one vendor for the same
or similar products or service.A multiple awarded bid schedule or description is usually developed
and provides information of product type/brand,service and vendor needed to provide the product or
service.
(i) Piggyback. Use of another public agency's existing contracting and/or bidding
procedures to purchase the same product(s) as outlined in the awarding bid document.
(j) Professional, Management, or Special Services. "Professional," "Management," or
"Special Services"shall mean any work performed by an artist,attorney,doctor,architect,engineer,
environmental consultant,land surveyor,construction manager,appraiser,expert,accounting firm,
consultant or those services such as computer services,and transportation/transit operator services.
Factors for determining whether professional, management, or special services are needed include
but, are not limited to, services which require special performance criteria, specific experience and
training, professional judgment, licensing, qualified expertise in a specific area of work, or other
unique factors other than simply obtaining the service at the lowest cost to the City. Professional
Management, and Special Services are not subject to the informal, formal or competitive bidding
requirements of this article and may be procured through negotiated contract or Requests for
Qualification and/or Proposal process as described in this article.
(k) Public Works or Public Projects. "Public Works"or"Public Projects" shall have that
meaning provided in Section 22002(c)of the Public Contract Code,as that section may be amended
from time to time.In this light,public works shall not include maintenance work.Public works shall
include,but shall not be limited to, all of the following:
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(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, power plants, and
electrical transmission lines of 230,000 volts and higher.
(1) Purchase. "Purchase" shall include the renting, leasing, purchasing, licensing, or a
trade of equipment or supplies.
(m) Purchasing Agent. The"Purchasing Agent," for the purposes of this article,shall be
the Finance Director or his/her designee and is responsible for managing the decentralized
purchasing program.
(n) Purchasing Officer.The"Purchasing Officer,"for the purposes of this article,shall be
the City Manager or his/her designated representative.
(o) Special Equipment/Supplies. "Special Equipment/Supplies" shall mean unique
supplies,machinery,computers,or other equipment which are not generally and regularly ordered in
bulk by the City and which must perform complex tasks, or integrate efficiently with existing
equipment or supplies.
(p) Supplies. "Supplies"shall mean office supplies,janitorial supplies,materials,goods,
tools,or other commodities used in the general conduct of the City's business,excepting supplies or
materials for a public work which is regulated under the California Public Contract Code Sections
20160, et seq.
(q) Uniform Construction Cost Accounting Procedures. "Uniform Construction Cost
Accounting Procedures" shall mean those procedures and rules established by the State Uniform
Construction Cost Accounting Commission pursuant to Section 22010, et seq. of the California
Public Contract Code or as amended.
(r) Urgency. Urgency shall exist when the service,repair, or replacements are
immediately necessary to permit the continued performance of the operations or services of the
City, or to avoid the immediate danger to life, health, or property.
Sec. 2-513. Purchasing Agent- Powers and duties.
The duties of the Purchasing Agent may be combined with those duties of any other officer or
position in the City. The Purchasing Agent shall have the authority to:
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(a) Purchase or contract for needed City supplies, general services, equipment, and
special equipment/supplies which are not included within a construction contract or proposed
specifications for a construction contract of a public work being administered by any other City
department;
(b) Investigate,keep knowledgeable about,negotiate,and recommend on the execution of
contracts or the purchasing of supplies,general services,and equipment pursuant to the procedures
of this chapter, and such administrative rules and regulations as prescribed by the City Manager;
(c) Keep informed of current developments concerning purchasing, prices, market
conditions, and new products;
(d) Prescribe and maintain such forms as necessary for the proper operation of this
purchasing system;
(e) Assist, to the extent needed, with the supervision and inspection of all supplies,
general services, and equipment purchased under this article to assure conformance with City
specifications;
(f) Supervise the transfer of surplus and unused supplies and equipment for sale or
disposal of such;
(g) Maintain up-to-date bidder's list, vendors' catalogs, files, and such other records as
needed to perform these duties;
(h) Ensure that purchasing specifications are written to encourage full competition;
(i) Perform such other tasks as may be necessary for the proper conduct of purchasing of
supplies, services, construction services, and equipment.
Sec.2-514. City Council authorizes City Manager to implement administrative
regulations; sign purchase orders, contracts and agreements.
The City Council hereby authorizes the City Manager to establish and maintain written
administrative regulations and standards consistent with this article, which incorporate and
implement the City's purchasing and contracting procedures, including an implementation of the
purpose, goals and requirements of this article.
In accordance with California Government Code,Section 40602,the mayor shall execute all
contracts on behalf of the City, unless another city officer or employee is authorized to do so. In
addition to the Mayor,the City Manager is hereby authorized to execute purchase orders,contracts
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and agreements on behalf of the city when authorized by this article or authorized by the City
Council by minute action or resolution.
Sec. 2-515. Purchase orders.
(a) Except for departmental purchases as authorized by his article,purchases of supplies,
services, and special equipment/supplies in an amount under Five Thousand and no/100ths
($5,000.00) Dollars may be made by purchase order issued by the Purchasing Agent.
(b) The purpose of a Purchase Order is to ensure compliance with this article. The
Purchasing Administrative Regulations Manual may authorize additional exemptions from the
Purchase Order requirements if the procurement does not fall within the descriptions contained
within this article.Examples of such exemptions include:acquiring land or books,payments that are
not for the actual purchase of services, goods or supplies, or payments of debt services.
Sec.2-516. Encumbrance of funds.
Except in cases of emergency as described in this article,the Purchasing Agent shall not issue
any Purchase Order, for purchase of supplies, services or equipment unless there exists an
unencumbered appropriation in the fund account against which such purchase is to be charged or the
City Council has authorized said purchase.
Sec.2-517. Solicitation and bidding exceptions.
(a) The competitive bid and RFP processes identified in this article are not applicable to
certain purchases. The following are exempt from bid processes of this article:
(1) Department purchases, as defined in this article;
(2) Travel/expense advances as authorized by the City's travel policy;
(3) Subscriptions;
(4) Trade circulars or books;
(5) Insurance premiums;
(6) Insurance payments;
(7) Reimbursement of expenses;
(8) Petty cash reimbursement;
(9) Medical payments;
(10) Newspaper advertisements and notices;
(11) Dues to approved organizations;
(12) Payments to other government units;
(13) Utility service payments, utility connection and/or installation charges;
(14) Attorney services;
(15) Franchise services, including solid waste and towing services;
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(16) Postage, courier/delivery messenger services;
(17) Land purchases;
(18) Buildings purchases and leases;
(19) Debt service payments;
(20) Grants payment matches;
(21) Claim settlements;
(22) Specialized computer software and hardware;
(23) Buses and bus support equipment;
(24) Chemicals for City operations (i.e., pool maintenance, water treatment)
(25) Electric motor controls;
(26) Fiber optics;
(27) Water fittings;
(28) Fire hydrants;
(29) Pipe and pipe fittings;
(30) Power generation materials and equipment;
(31) Pumps, regulators, relaying and protective devices;
(32) Road and backfill material;
(33) SCADA equipment;
(34) Substation supervisory equipment;
(35) Treatment equipment;
(36) Valves and operators
(37) Electric Transformers,Primary& Secondary Copper Cable, Electric Switches &
Controllers;
(38) Computers, computer components and maintenance services.
Notwithstanding the exemption from bidding contained in this section, all monetary
thresholds for the award of contract contained in this article shall still apply.
Sec.2-518. Contracts.
(a) All written contracts shall be approved by City Attorney as to form.Contracts shall be
prepared for professional, management, general or special services, and construction projects in
amounts of Five Thousand and no/100ths($5,000.00)Dollars and over.Contracts for an amount of
Fifty Thousand and no/100ths ($50,000.00) Dollars and less shall be approved/awarded by the
Purchasing officer,following any required selection process outlined in this article.Contracts with a
dollar amount exceeding Twenty Five Thousand and no/100ths ($25,000.00) Dollars shall be
approved/awarded by City Council following a selection process outlined in this article.
(b) Contract Amendments. The Purchasing officer is authorized to issue Contract
Amendments as follows:
(1) If the contract was originally executed for an amount of Twenty Five
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Thousand and no/100ths($25,000.00)Dollars or less,the Purchasing officer shall have the authority
to issue Contract Amendments, provided that the sum of all amendments, plus original contract
amount,shall not exceed Twenty Five Thousand and no/100ths($25,000.00)Dollars.If the amended
contract will exceed Twenty Five Thousand and no/100ths($25,000.00) Dollars,the City Council
shall approve the contract amendment.
(2) For a contract originally executed for an amount in excess of Twenty Five
Thousand and no/100ths ($25,000.00) Dollars and originally approved by City Council, the
Purchasing officer shall have authority to issue contract amendments,provided that the sum of all
contract amendments for any single contract shall not exceed the limit approved by City Council.If
the amended contract will exceed the limit previously approved by City Council, the contract
amendment must be approved by the City Council.
(c) Master Professional Services Contracts.For those Professional Services as defined in
Government Code Section 4526(and as otherwise amended or exempt by this article),master multi-
year contracts with several consultants with a general scope of work for on-call services may be set
up for a total not-to-exceed dollar amount as approved by City Council.
(1) A formal Request for Qualification process shall be used in accordance with
this article and awarded based on qualifications.
(2) Task Orders shall be issued pursuant to the Master Contract with a specific
scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects for Twenty Five Thousand and no/100ths ($25,000.00) Dollars or less.
(3) Any Task Order in an amount exceeding Twenty Five Thousand and
no/100ths($25,000.00)Dollars will require City Council's approval as pursuant to the terms of the
Master Contract.
(4) Task Orders shall not be issued for an amount exceeding One Hundred
Twenty-five Thousand and no/100ths($125,000.00)Dollars.An individual Request for Qualification
process and a new contract awarded by the City Council shall be required.
(d) Master General Services Contracts.
(1) A Bid or a Request for Proposal/Qualification process may be used to procure
General Services and may be awarded based on qualifications plus reasonableness of cost.
(e) Public Works Contracts shall be required for public works in an amount of Five
Thousand and no/100ths($5,000.00) Dollars and over. The City Manager may award and execute
contracts for individual projects in an amount of One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars or less. The City Manager may award and execute contracts for individual
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projects paid for with enterprise funds (electric, water, wastewater in an amount of One Hundred
Fifty Thousand and no/100ths ($150,000.00) Individual projects in an amount exceeding One
Hundred Twenty-five Thousand and no/100ths ($125,000.00) Dollars shall be approved by City
Council. Individual projects paid for with enterprise funds in an amount exceeding One Hundred
Fifty Thousand and no/100ths ($150,000.00) Dollars shall be approved by Utility Board.
(f) Change Orders. A Change Order shall be used to modify the contract documents
regarding contract price,schedule of payments,completion date,plans and specifications,expanding
scope of work due to change in conditions,and for unit price overruns and under runs,as specified in
the Contract. The work description and justification should relate to the original project and should
be necessary to achieve original scope of project.Additional tasks unrelated to the original contract
shall not be permitted. For authorized change orders,the Purchasing officer is authorized to issue
Change Orders up to the contract contingency amount approved by the City Council for the
individual contract as follows:
(1) Contracts in the amount over Twenty Five Thousand and no/100ths
($25,000.00) Dollars to an amount of One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars or less (One Hundred Fifty Thousand ($150,000.00) or less for enterprise
funded projects), subject to the following:
(i) The Purchasing Officer may approve Change Orders until the contract
amount reaches One Hundred Twenty-five Thousand and no/100ths ($125,000.00) Dollars (One
Hundred Fifty Thousand($150,000.00) for enterprise funded projects).
(ii) Once the original contract plus all accumulated Change Orders
reaches an amount that is equal to One Hundred Twenty-five and no/100ths($125,000.00)Dollars
(One Hundred Fifty Thousand ($150,000.00) for enterprise funded projects), subsequent Change
Orders must be approved by City Council prior to commencing the work.
(iii) Any single Change Order exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars must be approved by City Council prior to commencing with the
work. In emergency situations where stopping the work will result in severe repair or replacement
delays and subject the City to excessive additional costs,the Purchasing officer may approve such a
Change Order and shall give notice to City Council at the next regular City Council meeting.
(2) Contracts in an amount exceeding One Hundred Twenty-five Thousand
and no/100ths ($125,000.00) Dollars (One Hundred Fifty Thousand($150,000.00) for enterprise
funded projects), subject to the following:
(i) The Purchasing officer may approve accumulative Project Change
Orders up to the contingency established and approved by City Council for each individual contract.
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(ii) Any single Change Order exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars must be approved by City Council prior to commencing with the
work. In emergency situations where stopping the work will result in severe repair or replacement
delays and subject the City to excessive additional costs,the Purchasing officer may approve such
Change Order and shall give notice to the City Council at the next regular City Council meeting.
(g) Master Maintenance Service Contracts.
(1) A Request for Qualification process shall be used for Master Maintenance
Service Contracts.The purpose of a Master Maintenance Service Contract is to award discrete small
projects with several vendors which do not exceed Twenty Five Thousand and no/100ths
($25,000.00) Dollars per task order.
(2) Master Single or Multi-year Contracts may be set up with several vendors,and
will include a general scope of work and will establish an annual not-to-exceed dollar amount as
approved by City Council.
(3) Task Orders shall be issued pursuant to the Master Contract with a specific
scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects in an amount of Twenty Five Thousand and no/100ths($25,000.00) Dollars or
less.
Sec. 2-519. Bidding procedures.
Except as authorized in this article,or in the case of emergencies as described in this article,
the purchase of supplies,equipment and special equipment/supplies,not included in the construction
contract or bid specification for a public works project, shall be made as follows:
(a) Department Purchases. A department may purchase specified and limited supplies,
and equipment, special equipment/supplies independently of the Purchasing Agent of a value less
than Five Thousand and no/100ths($5,000.00)Dollars,provided such department keeps a record of
such purchases and exercises reasonable prudence in seeking price quotes when purchasing such
items. All such purchases shall be made with funds in an unencumbered appropriation.
(b) Direct Purchase Order. The purchase of supplies, equipment, or special
equipment/supplies with the estimated value of Five Thousand and no/100ths($5,000.00) Dollars
but not more than Twenty Five Thousand and no/100ths ($25,000.00) Dollars shall be made by
written bidding procedure as follows:
(1) The responsible department shall prepare a written product specification
describing the minimum requirements of the purchase.
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(2) The department shall endeavor to obtain at least three written quotes to the
informal request for bid.
(3) Written responses may be made by mail, fax, or e-mail directly to the
department representative requesting the item.Further negotiation with a vendor to negotiate a lower
price based on the bid responses received from other vendors is prohibited. A written record and
tabulation shall be made at that time the bid response is received and opened.All written responses
must be retained by the department for three years.
(4) Bid evaluation procedures. All bids shall be analyzed by the department for
compliance with bid specifications,and the department shall prepare an analysis of the bid process.
(i) Award will go to the lowest responsive/responsible bidder.
(ii) Quality, quantity, and service being equal, a local preference of five
(5%)percent shall be given to local vendors located within the City of Azusa.
(iii) If the Department Head determines that all the bids received are
unacceptably high,or specifications were unclear,the department may reject any bids received and
the item may be rebid.
(5) No bids received. In the event no bids are received, the Department Head
requesting the purchase shall have the option of any of the following:
(i) Abandoning the purchase;
(ii) Rebidding the purchase; or
(iii) Requesting Purchasing Officer approval to obtain the item, supply,
service, or equipment on a direct negotiated contract.
(6) The department shall prepare a written recommendation to the Purchasing
Officer for award or rejection of bids.
(7) Award. The Purchasing Officer shall reject all bids or award the purchase
contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose
intended according to criteria designated in the bid and the contract award amount is within the
unencumbered appropriation for that item.Purchasing Officer may waive any minor bid irregularities
and shall award informal bids up to Twenty Five Thousand and no/100ths ($25,000.00) Dollars.
(c) Formal Bid Procedures.For supplies,equipment,or special equipment/supplies with
an estimated value in an amount exceeding Twenty Five Thousand and no/100ths ($25,000.00)
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Dollars purchases shall be made in accordance with the following formal written procedures:
(1) Published Notices.A notice inviting bids shall be published at least fourteen
(14)calendar days before the date of the opening of bids.The notice shall be published at least once
in a newspaper of general circulation printed and published in the City, and in appropriate trade
publications,if any, circulated within the general area and posted on the City's website. Such other
notice as the Purchasing Agent deems appropriate shall be made.
(i) Notices inviting bids. Notices inviting bids shall include a general
description of the goods,articles,services,or equipment to be purchased or required,state where bid
blanks and specifications may be secured,describe any performance or bid security required,and the
time and place for the opening of bids;
(ii) Bidder's List.The Purchasing Agent shall maintain a list ofresponsible
bidders for various categories of supplies or equipment.A notice of the solicitation for a bid shall be
sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for
the category or equipment, supplies or general services subject to the bid request or posted on the
City's website and distributed through mass e-mail notifications; and
(iii) Bulletin Board.The bid invitation shall be posted on a public bulletin
board in the City Hall complex.
(2) Bidder's Security/Failure to Sign Contract.If the City requires a bidder's bond
or other form of security, the bidder's security shall be prescribed in the notice inviting bids in an
amount equal to ten(10%)percent of the amount bid.Bidder's security shall be either a cash deposit
with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful
bidders shall be entitled to the return of bid security within sixty(60)days of the date of the award.
However,the lowest responsive and responsible bidder shall forfeit all or part of his/her bid security,
as may be determined by the City Council,upon the bidder's refusal or failure to execute the contract
within fourteen(14) days after the date of the award of the contract. On the refusal or failure of the
lowest responsive and responsible bidder to execute the contract, the City Council may award the
contract to the next lowest responsive and responsible bidder.
(3) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk's
office and shall be identified as to bidder,project, and "Bid"on the envelope. Bids shall be opened
by City staff in public at the time and place stated in the notice inviting bids. A written record and
tabulation shall be made at the time of all bids received.
(4) Bid Evaluation Procedures. With respect to those bids relating to the purchase
of items subject to state sales,tax,the teen"lowest responsible bidder"is deemed to include a local
preference of five(5%)percent but not more than Five Thousand and no/100ths($5,000.00)Dollars
shall be given to local vendors located within the City of Azusa. The City shall also consider the
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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. All bids shall be analyzed by the Purchasing Agent and the department for compliance
with bid specifications.The department shall prepare a recommendation for award or rejection to the
City Council.
(5) Rejection of Bids. If the City Council determines that bids are excessively
high or that specifications were unclear, or if no bids are received, the City Council may reject all
bids presented and use whatever method it deems appropriate,such as rebid,abandon acquisition,or
negotiate a contract to complete the purchase.
(6) Award of Contracts. Contracts shall be awarded by the City Council to the
lowest responsive and responsible bidder whose bid fulfills the purpose intended according to the
criteria designated in the solicitation, and provided the award amount is within the unencumbered
appropriation for that item. The City Council may waive any minor bid irregularities.
(7) Tie Bids.If two(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 re-
advertising for bids, the City Council may accept either bid or accept the lowest bid made by
negotiation with the tied bidders.
(8) Performance Bonds.The City may require a performance bond in such amount
as it shall find reasonably necessary to protect the public interest.If the City requires a performance
bond, the form and amount of the bond shall be described in the notice inviting bids.
Sec. 2-520. Special equipment/supplies; sole source purchases.
(a) Special Equipment/Supplies.In purchasing any special equipment or supplies needed
to be compatible with existing equipment,or to perform complex or unique functions,the Purchasing
Agent and Department Head in consultation with one another may:
(1) Limit bidding to a specific product type, or a brand name product;or
(2) Utilize a request for proposal approach where warranties, service and/or
maintenance obligations, and product performance will be evaluated in addition to the price of the
product.The award of the contract should be to the proposer staff deems is in the best public interest.
(b) Sole Source Purchases. Unique commodities or services that can be obtained from
only one vendor, or one distributor authorized to sell in this area, with singular characteristics or
performance capabilities or which have specific compatibility components with existing City
products are exempt from the competitive bidding requirements and are deemed sole source
purchases. Sole source purchases may also include proprietary items sold direct from the
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manufacturer.
(1) All sole source purchases shall be supported by written documentation
indicating the facts and nature supporting the determination of a sole source, signed by the
Department Head and forwarded to the Purchasing Officer. The Purchasing Officer shall approve
sole source acquisitions in an amount of Twenty Five Thousand and no/100ths($25,000.00)Dollars
or less.
(2) Approval of any sole source acquisition shall be obtained from City Council
for an award of a contract for an amount exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars.
Sec. 2-521. Cooperative,piggyback and multiple awarded bid purchasing with
other agencies.
(a) Cooperative and Piggyback Purchasing.The bidding requirements of this article shall
not apply to purchasing of any equipment or supplies which the Purchasing Agent determines to be
in the best interest of the City obtained through a cooperative competitive bidding procedure or a
"piggyback"contract prepared by and processed through another local,state,or federal governmental
agency or joint powers authority made up of government agencies,including but not limited to the
California Multiple Award Schedules(CMAS),California Communities,US Communities,General
Services Administration(GSA)or Government Wide Acquisition Contracts(GWAC). The dollar
limits shall be pursuant to the cooperative or piggyback contract awarded by the other agency or
schedules approved by the cooperative entity.
(b) Multiple Awarded Bids.If the Purchasing Agent determines it to be in the City's best
interest, the Purchasing Agent is authorized to use federal, state, or other governmental agency
multiple awarded contracts. Staff must obtain quotes from at least three vendors on the awarded
contract list and award the bid to the lowest responsive and responsible bidder.
Sec.2-522. Recycled supply products specification.
If in procuring supplies, a recycled product can achieve the necessary City performance.
standard, and if such recycled product is readily available, specifications should, if economically
feasible,require products made with recycled materials be bid. If the Department Head determines
that(1)a recycled product lacks performance capabilities or needed quality levels,or(2)a sufficient
amount of said recycled or reusable product is not currently available in the market,then a reduced
percentage can be required, or the supply specification can be limited to non-recycled or virgin
materials. When recycled products are required, reasonable efforts shall be made to label the
products as containing recycled materials.As used in this section,recycled products does not mean
used products, but is limited to new products made with materials which have been recycled.
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Sec. 2-523. Emergencies.
The bidding procedures of this article may be dispensed with in the case of emergency. An
emergency shall exist when the service,repair,or replacements are immediately necessary to permit
the continued performance of essential operations or services of the City,or result in excessive costs
if not immediately remedied,or to avoid the immediate danger to life,health,or property.The City
Council delegates authority to the City Manager to declare such procurement emergency. If the
purchase is Twenty Five Thousand and no/100ths($25,000.00)Dollars and over,the City Manager
shall give notice of the purchase process to the City Council.
Sec. 2-524. Local preference.
(a) To promote economic development and maintain a healthy economic base in the City
of Azusa, as well as encourage businesses to move into the City's jurisdiction, the City supports
employment and local business opportunities which in turn promote the City's economic growth.As
such, the City has determined it is in its best interest to provide a preference to local vendors.
(b) Local Preference in Purchasing. In the bidding of, or contracting for
procurement of supplies, materials, and equipment as provided in these sections, the Purchasing
Officer may give a preference to responsive,responsible,local vendor located in the City of Azusa in
an amount not-to-exceed five(5%)percent of the local vendors'total net bid price,or Five Thousand
and no/100ths($5,000.00)Dollars,whichever is lower.The granting of this local preference shall be
approved or not based on a determination by the Purchasing Officer/Agent that quantity and quality
of the local product is equal to that of the next lowest bidder.
This local preference is not applicable to: (1) bids for public projects as defined by Public
Contracts Code Sections 20161 and 22002,(2)bids funded by grants which prohibit its use,and(3)
contracts for professional,management, general, and special services.
Sec. 2-525. Staging of purchases prohibited.
Purchases and Public Works contracts shall not be knowingly staged or separated into smaller
units or segments solely for the purpose of evading the competitive formal or informal bidding
requirements of this chapter.
Sec. 2-526. Inspection and tests.
The Purchasing Agent or department requesting the item shall inspect all deliveries of
supplies and equipment to assure conformance with the contract or order specifications. The
Purchasing Agent, at his/her discretion, may require chemical and physical tests of samples or
supplies and equipment as he/she deems necessary to determine the quality in conformance with
those specifications.
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Sec.2-527. General services.
(a) General services as defined in this article shall be procured either through the bid
process outlined in Section 2-519 with the emphasis on awarding to the "lowest responsive
responsible bidder" or through the Request for Proposal process outlined in Section 2-538 of this
article with emphasis on factors other than price.
(b) Factors to Consider. If it is determined by the department in consultation with the
Purchasing Agent that all vendors providing a service classification can equally provide the service
satisfactorily, a bid process would be appropriate. However, if factors other than price need to be
considered in awarding the contract,the Request for Proposal(RFP)process may be used.Examples
of areas other than price that may be important in awarding the contract include: experience level,
competence, resources/equipment, staffing levels, services available/time factors, and other
qualifications determined by each City department responsible for recommending the service
contract that may be important to consider.
(c) Master General Services Single or Multi-year Contracts may be awarded to multiple
service providers following a formal Request for Proposal/Qualification process using the procedures
set forth in Section 2-538 of this article. Award of master contracts and negotiating task orders
should follow the procedure set out in Section 2-518.
Sec. 2-528. Uniform construction cost accounting procedures for public projects.
The City Council has elected to become subject to the Uniform Construction Cost
Accounting Procedures as established by the California Uniform Construction Cost Accounting
Commission.
Sec. 2-529. Bidding procedures for various public project amounts.
(a) A public project of Thirty Thousand and no/100ths($30,000.00)Dollars or less may
be performed by City employees by force account, by negotiated contract, or by Purchase Order.
(b) A public project of an estimated amount exceeding Thirty Thousand and no/100ths
($30,000.00) Dollars but not more than One Hundred Twenty-five Thousand and no/100ths
($125,000.00) Dollars may be let to contract by informal bid procedures as set forth in this article.
(c) A public project in an amount exceeding One Hundred Twenty-five Thousand and
no/100ths($125,000.00)Dollars shall,except as otherwise provided in this article,be let to contract
by formal bidding procedures.
Sec.2-530. Adoption of plans.
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The City Engineer or his designee shall approve the plans,specification and working details
of all public works projects.The City Council shall approve and adopt the plans,specifications,and
working details, as well as authorize the bid request for all Public Works projects for an amount
exceeding One Hundred Twenty-five Thousand and no/100ths ($125,000.00) Dollars. The City
Engineer is delegated authority to approve and adopt the plans, specifications, and working details
for all Public Works projects less than One Hundred Twenty-five Thousand and no/100ths
($125,000.00)Dollars.
Sec. 2-531. Negotiated contract or purchase order procedures.
For those projects qualifying under subsection(a)of Section 2-529,the project manager shall
obtain a cost estimate from the project engineer or architect prior to issuing a Purchase Order or
negotiating a contract with a responsible contractor. For any City force account work, the project
manager shall first comply with the guidelines established by the California Uniform Construction
Cost Accounting Commission in determining the cost of the public project.
The City Manager shall have the authority to award and to execute any contract for the public
project qualifying under subsection(a) and(b)of Section 2-529.
Sec.2-532. Informal bidding procedures.
For those projects which qualify under subsection(b) of Section 2-529 for informal
bidding, the following procedures shall be used:
(a) Bidder List. The City shall maintain a list of qualified contractors, identified
according to categories of work. Minimum criteria for development and maintenance of the
contractors'list shall be consistent with the California Uniform Construction Cost Accounting rules.
(b) Notice. Unless the product or service is proprietary,all contractors on the City's list
for the category of work being bid shall be mailed a notice inviting informal bids, or an
announcement/ advertisement shall be placed in all construction trade journals specified in this
section, or both such mailing and advertising. The trade journals shall be those identified by the
California Uniform Construction Cost Accounting Commission as appropriate for this area. In
addition, notice shall be posted on the City's website.
(c) Bidder's Security/Failure to Sign Contract.Bidder's security shall be prescribed in the
notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security
shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a
bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty(60)
days of the date of the award.However,the lowest responsive and responsible bidder shall forfeit all
or part of his/her bid security,as may be determined by the City Council,upon the bidder's refusal or
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failure to execute the contract within fourteen(14)days after the date of the award of the contract.
On the refusal or failure of the lowest responsive and responsible bidder to execute the contract,the
City Council may award the contract to the next lowest responsive and responsible bidder.
(d) Minimum Time Period. All mailing of notices to contractors and announcements/
advertisements published in the construction trade journals pursuant to subdivision (b) shall be
completed not less than ten(10) calendar days before bids are due.
(e) Notice Contents. The notice inviting informal bids shall describe the project in
general terms, how to obtain more detailed information about the project, and state the time and
place for the submission of bids.
(f) Performance/Labor/Materials Bonds.A labor and materials bond,plus a performance
bond shall be required,from a surety company licensed to do business in California and acceptable to
the City, in amounts equivalent to the total contract amount.
(g) Bid Opening Procedure.Sealed bids shall be submitted to the City Clerk's office and
shall be identified as to bidder,project,and"Bid"on the envelope. Bids shall be opened by the City
Clerk's staff in public at the time and place stated in the notice inviting bids.At that time,a written
record and tabulation shall be made of all bids received, and shall be open for public inspection
during regular business hours for a period of one year after the bid opening. The project manager
shall make an analysis of the bids for compliance with bid specifications, and thereafter, make a
recommendation for award or rejection.
(h) Award. The Purchasing officer shall award the contract or reject the bids. The
Purchasing Officer may waive minor bid irregularities.
(i) Change Orders. A Change Order shall be used to modify the contract documents
regarding contract price, schedule of payments, completion date, plans and specifications, and for
unit price overruns and under runs, as specified in the Contract. Work description and justification
must relate to the original project and must be work necessary to achieve original scope of project.
After a determination that costs are merited by developments in a specific project, the Purchasing
officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency
approved by the City Council as awarded for the individual contract as follows:
(1) Purchasing officer may approve Project Change Orders until the contract
reaches One Hundred Twenty-five and no/100ths ($125,000.00) Dollars (One Hundred Fifty
Thousand and no/100ths Dollars for projects using enterprise funds).
(2) Once the original contract plus all accumulated Change Orders are in an
amount that is equal to One Hundred Twenty-five and no/100ths ($125,000.00) Dollars (One
Hundred Fifty Thousand and no/100ths Dollars for projects using enterprise funds),the contract and
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subsequent Change Orders must be approved by City Council prior to commencing with the work.
(3) Any single Change Order exceeding Fifty Thousand and no/100ths
($50,000.00) Dollars must be approved by City Council prior to commencing with the work. In
urgency situations, where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs due to the delay in the project,Purchasing officer may
approve such Change Order and shall give notice to City Council at the next City Council meeting.
(j) Bids in Excess of Statutory Amount.If all bids received are in excess of One Hundred
Twenty-five Thousand and no/100ths($125,000.00)Dollars,the City Council may,by passage of a
resolution by a four-fifths(4/5)vote,award the contract up to One Hundred Thirty-seven Thousand
Five Hundred and no/100ths($137,500.00)Dollars or less to the lowest responsive and responsible
bidder if it determines the cost estimate of the City was reasonable.
(k) The Purchasing Officer shall provide the City Council with a list of projects and their
amounts approved pursuant to this section at least once per month.
Sec.2-533. Formal Bidding Procedures.
For those projects requiring formal bidding under Section 2-529, the following procedures
shall be used:
(a) Publication. A notice shall be published, at least once, fourteen (14) calendar days
before the date of opening the bids in a newspaper of general circulation printed and published in the
jurisdiction of the City.The notice inviting formal bids shall also be mailed to all construction trade
journals specified by the California Uniform Construction Cost Accounting Commission as
appropriate for the area.The notice shall be mailed at least thirty(30)calendar days before the date
of opening the bids. The notice inviting formal bids shall state the time and place for the receiving
and opening of sealed bids and distinctly describe the project. In addition to notice required by this
section, the City may give such other notice as it deems proper.
(b) Bidder's Security/Failure to Sign Contract.Bidder's security shall be prescribed in the
notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security
shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a
bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty(60)
days of the date of the award.However,the lowest responsive and responsible bidder shall forfeit all
or part of his/her bid security,as maybe determined by the City Council,upon the bidder's refusal or
failure to execute the contract within ten(10)days after the date of the award of the contract.On the
refusal or failure of the lowest responsive and responsible bidder to execute the contract, the City
Council may award the contract to the next lowest responsive and responsible bidder.All bids must
be signed by person authorized to bind company to bid terms.
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(c) Bid opening Procedure. Sealed bids shall be submitted to the City Clerk's Office and
shall be identified as to bidder,project,and"Bid"on the envelope. Bids shall be opened by the City
Clerk's staff in public at the time and place stated in the notice inviting bids. A written record and
tabulation shall be made at that time of all bids received, and shall be open for public inspection
during regular business hours for a period of one year after the bid opening. The project manager
shall make an analysis of the bids for compliance with bid specifications and, thereafter, make a
recommendation for award or rejection.
(d) Award of Contracts/Minor Irregularities. Contracts shall be awarded by the City
Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended,
according to criteria designated in the solicitation, and provided the award amount is within the
unencumbered appropriation for that item. The City Council may waive minor bid irregularities.
(e) Change Orders. A "Change Order" shall be used to modify the contract documents
regarding contract price, schedule of payments, completion date, plans and specifications, and for
unit price overruns and under runs,as specified in the Contract. Work description and justification
must relate to the original project and must be work necessary to achieve original scope of project.
After a determination that costs are merited by developments in a specific project, the Purchasing
officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency
approved by the City Council as awarded for the individual contract as follows:
(1) Purchasing officer may approve accumulative Project Change Orders up to the
contingency established and approved by City Council for each individual contract.
(2) Any single Change Order exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars must be approved by City Council prior to commencing with the work. In
emergency situations where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs due to the delay in the project,Purchasing officer may
approve such Change Order and shall give notice to the City Council at the next City Council
meeting.
(f) Tie Bids. If two or more bids received are for the same total amount or unit price,
quality and service being equal,and if the public interest will not permit the delay or re-advertising
for bids, the City Council may accept either bid.
(g) Performance/Labor/materials Bonds.A labor and materials bond,plus a performance
bond shall be required, from an acceptable surety, in such amounts and in such a form as the City
finds reasonably necessary to protect the public interest.
(h) No Bids, if no bids are received, the project may be performed by City employees
by force account, or by informal bidding procedures without further complying with this article.
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Sec. 2-534. Rejection of bids.
(a) In its discretion, the City Council may reject any bids presented. If after the first
invitation for bids all bids are rejected, the City shall state the reasons for the rejection, and after
reevaluating its cost estimates of the project,the City shall have the option of either of the following:
(1) Abandoning the project or re-advertising for bids in the manner described
by this article.
(2) By passage of a resolution by a four-fifths (4/5) vote of the City Council
declaring that the project can be performed more economically by City employees, may have the
project done by force account without further complying with this article.
Sec. 2-535. Emergencies; procedure.
In cases of great emergency as determined by the City Council,including,but not limited to,
states of emergency defined in Section 8558 of the Government Code,when repair or replacements
are necessary to permit the continued conduct of the operation of services of the City, or to avoid
danger to life or property, the City Council, by majority vote, may proceed at once to replace or
repair any public facility without adopting plans,specification,or working details,or give notice for
bids to let a contracts.The work may be done by City forces,by contract,or by a combination of the
two(2).The City Council delegates to the City Manager,the authority to declare a public emergency
subject to confirmation by the City Council by a four-fifths(4/5) vote, at its next meeting.
Sec.2-536. Staging of public works contracts.
Public Works contracts shall not be knowingly staged or separated into smaller units or
segments solely for the purpose of evading the competitive bidding requirements of this chapter.
Sec. 2-537. Bid protests.
Any interested party may file a protest regarding the procurement decisions authorized under
this chapter.
(a) Notice of Decision.After a decision regarding a public project procurement having a
value over Twenty Five Thousand and no/100ths ($25,000.00) Dollars has been made, the
Department Head or designee shall notify all persons who submitted a response to a City solicitation
of intended award. If a bidder is rejected because the bid is found non-responsive or because the
bidder is deemed not-responsible, the City will give written notice to said bidder of evidence
reflecting such decision.
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Ordinance No.2015-06
(b) Time to File Protest. All protests must be filed in writing and received by the
Department Head within five(5)business days of the date on the notice of intended award.
(c) Form of Protest.All protests shall be in writing,state the grounds for the protest,state
the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or
another bidder was either non-responsive or not responsible. All protests have to be filed in
accordance with the instructions contained in the solicitation which is the subject of the protest.
(d) City Manager Review. The City Manager or designee shall review the protest and
issue a written decision on the protest. The City Manager or designee may base the decision on the
written protest alone or may informally gather evidence from the person(s)filing the protest or any
other person having relevant information.For procurements having a value of One Hundred Twenty-
five Thousand and no/100ths($125,000.00)Dollars or less,the City Manager's or designee's decision
shall be final.
(e) Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a
"responsible"bidder,the protesting party must submit materials set forth in subdivision(c)above for
consideration.An opportunity to be heard will be set within a reasonable time to provide a decision
before final approval of the selected low bid. For procurements having a value of One Hundred
Twenty-five Thousand and no/100ths($125,000.00)Dollars or less,the City Manager's or designee's
decision shall be final.
(f) Appeal of City Manager's Decision to City Council.For procurements having a value
exceeding One Hundred Twenty-five Thousand and no/100ths($125,000.00)Dollars,an appeal of
the City Manager's decision may be filed with the City Council.All such appeals must be in writing,
and shall be filed with the City Clerk within five (5) business days from the date of the City
Manager's decision.
(g) Failure to Timely Appeal. An interested party who fails to file a protest within the
times set forth in this section waives any right to protest the issue further. No appeal to either the
City Manager or City Council of any decision to award a bid under may occur once the contract has
been awarded.
Sec.2-538. Award of professional, management,general or special services
contracts based upon competence.
Factors to Consider. In contracting for professional services listed in Government Code
Section 4526, selection shall be based on demonstrated competence and on professional
qualifications necessary for the satisfactory performance of the services and solicited through a
Request for Qualification process.
In contracting for professional services contracts should only be awarded to firms or persons
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who have demonstrated "adequate competence" meaning: an adequate level of experience,
competence,training,credentials,character,integrity,reputation,financial responsibility,resources,
equipment,staffing, and other professional qualifications necessary for the service. The cost of the
service may be considered, however, the lowest cost may not be the sole factor in deciding which
firm or who shall be awarded the contract. It may be in the City's best interest to award the contract
to a higher priced contractor based on the scope of services,availability,unique skills,staffing levels,
timing,prior experience, familiarity with the City and other factors required by the department.The
information needed for determining that level of competence,other qualifications,and the procedure
for selecting such services shall be determined by the City department responsible for recommending
the service contract.
(a) Request for Proposal/Qualifications. The acquiring of services shall be procured
through negotiated contract following a Request for Proposal/Qualifications process.Contracting for
services is decentralized and shall be the responsibility of the Department Head requesting the
service. The Purchasing Agent may be contacted to assist in the formal Request for
Proposal/Qualification(RFP/Q)process.
(b) Contracts,not within(a)above,for an amount less than Five Thousand and no/100ths
($5,000.00)Dollars. A Department Head may award contracts up to Five Thousand and no/100ths
($5,000.00) Dollars with qualified consultants/firms.
(c) Contracts for an amount exceeding Five Thousand and no/100ths($5,000.00)Dollars
but not more than Twenty Five Thousand and no/100ths ($25,000.00) Dollars. The requesting
department shall meet the following requirement unless an urgency exists pursuant to this article:
(1) Selection Process.Prepare an informal written document and contact as many
companies as necessary to receive a minimum of three(3)written responses from consultants/firms.
This requirement may be waived for good cause in writing by the Department Head and Purchasing
Agent in consultation with one another.
(2) Award.The Department Head shall prepare a written recommendation to the
Purchasing Officer for the firm or person to be awarded the contract. The Purchasing Officer shalt
award the contract.The Purchasing Officer shall provide the City Council with a list of contracts and
their amounts approved pursuant to this section at least once per month.
(3) Contract Document. A written contract must be established and the
Purchasing officer or designee must sign/approve any service contract in an amount exceeding Five
Thousand and no/100ths ($5,000.00) Dollars but not more than Twenty Five Thousand and
no/100ths ($25,000.00) Dollars.
(d) Contracts for an amount exceeding Twenty Five Thousand and no/100ths
($25,000.00) Dollars and over. Departments shall utilize a Sealed Request for Proposal process
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essentially meeting the following requirements unless an emergency exists pursuant in Section 2-523
of this article:
(1) Request for Proposal/Qualification(RFP/Q) solicitation process. A formal
Sealed Request for Proposal/Qualification(herein "RFP/Q") document shall be developed for
solicitation of professional,management, or general and special services contracts for an amount
exceeding Twenty Five Thousand and no/100ths ($25,000.00) Dollars.
(2) Advertisement. The department shall advertise in appropriate publications
and/or use the Professional Services Listings, as available, and post on the City's website, during
the solicitation process.
(3) Fourteen(14)Day Notice.Notice inviting RFP/Q's shall be posted at City Hall
at least fourteen(14) calendar days before the due date of submission of the RFP/Q.
(4) Notice Contents. The notice shall include a description of general type of
service needed, how the RFP/Q minimum Scope of Work can be obtained, any pre-proposal
conferences anticipated, the requirement of a written sealed proposal, state the closing date, and
place and time for submission of the RFP/Q.
(5) Solicitation Procedure.Sealed Request for Proposals/Qualifications should be
submitted to,the department.RFP/Q's need not be opened publicly.All proposals shall be analyzed
by the department for compliance with RFP/Q requirements, value of the total scope of services.
Follow-up interviews of the most qualified of those submitting a proposal should be held.
(6) Award.Professional,Management,General,and Special Services contracts of
an amount exceeding Twenty Five Thousand and no/100ths($25,000.00)Dollars should be awarded
by City Council.
(7) Contract Amendments.The Purchasing officer is authorized to issue Contract
Amendments as follows:
(i) If the contract was originally executed for an amount of Twenty Five
Thousand and no/100ths($25,000.00)Dollars or less,the Purchasing officer shall have the authority
to issue Contract Amendments, provided that the sum of all amendments, plus original contract
amount,shall not exceed Twenty Five Thousand and no/100ths($25,000.00)Dollars.If the amended
contract will exceed Twenty Five Thousand and no/100ths ($25,000.00)Dollars,the City Council
shall make a finding that it is in the best interest of the City to waive the normal selection process
and approve the amendment to the contract.
(ii) For a contract originally executed for an amount of Twenty Five
Thousand and no/100ths($25,000.00)Dollars and over and originally approved by City Council,the
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Purchasing officer shall have authority to issue contract amendments, provided that the sum of all
contract amendments for any single contract shall not exceed the amount approved by City Council.
If the amended contract will exceed the amount previously approved by City Council, the contract
amendment must be approved by City Council.
(8) Master Professional Services Contracts. For those professional services as
defined in Government Code Section 4526, master single or multi-year contracts with several
consultants with a general scope of work may be set up for a total not-to-exceed dollar amount as
approved by City Council.
(i) A formal Request for Qualification process shall be used in accordance
with this article and awarded based on qualifications plus reasonableness of cost.
(ii) Task Orders shall be issued pursuant to the Master Contract with a
specific scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects for Twenty Five Thousand and no/100ths($25,000.00) Dollars or less.
(iii) Any Task Orders in an amount exceeding Twenty Five Thousand and
no/100ths ($25,000.00) Dollars will require City Council's approval pursuant to the terms of the
Master Contract.
Sec. 2-539.Waiving of purchasing procedures.
In its discretion,the City Council may at any time,without amending this chapter,waive the
purchasing procedures or alter these proceedings to fit a specific purchase or contract, when such
waiver is not in violation of state or federal law. A request for waiver should occur only when
unforeseen circumstances or emergencies arise that justify an exception to following the provisions
of this article, the City will not be prejudiced by such waiver and is in the best interest of the City
and its operations.
Sec. 2-540. Design-Build Authority.
Notwithstanding the requirements of this article regarding public bidding for public works
projects and contracts, the City Council may approve the use of an alternate public works
construction project procurement procedure instead of the bidding procedure set forth in this article
as follows:
(a) The alternate procedure may include the Design-Build method of construction
whereby the City enters into a single contract with a developer or contractor for the design and
construction of the facility.
(b) The contractor or developer may be procured by a selection process based on the
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criteria of experience, qualifications and best value.
(c) This procedure/method may be used,but is not limited to use,when it is anticipated
that the method will reduce project cost, expedite project completion, enable use of public/private
partnership forms of project finance, and/or create certainty for total project expense.
(d) Design Build public works projects and contracts may be negotiated and awarded on
such procedures,terms and conditions as the City Council deems appropriate in the exercise of its
authority as a Charter City, and may be set forth by the City Council by resolution.
(e) The project amount complies with any dollar thresholds contained in the California
Public Contract Code for design build procedures(California Public Contract Code,Section 1100.7).
The provisions of this section authorizing the use of the Design- Build construction
procurement method shall be the prevailing regulations for public works design and construction
procurement where there are conflicts between the provisions of this ordinance and the contract
provisions of the Public Contract Code,pursuant to Section 1100.7 of the California Public Contract
Code."
SECTION 2: If any provision of this Ordinance or the application thereof to any person or
circumstances is for any reason deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction,such invalidity or unconstitutionality shall not affect any other
provision or applications, and to this end the provisions of this Ordinance are declared to be
severable. The City Council hereby declares that it would have adopted each section irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional, invalid, or unenforceable.
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance,and
shall cause it,or a summary of it,to be published as required by law, and it shall be effective thirty
(30) days after its adoption.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2015.
40'014 4/4
oseph Romero Rocha
Mayor
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Ordinance No.2015-06
ATTEST:
dir 41111116....00"
J- fry Y"ce Cornejo,J /
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No.2015-06,was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 7th day of July,
2015 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
Azusa City Council on the 20th day of July, 2015 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
4111,:a,„ fop
Jfr- a .' -nce Cornejo, r.
City Clerk
APPROVED AS TO FORM:
A
Best Best&Krieger, LP
7-1
City At-orney
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