HomeMy WebLinkAboutOrdinance 251~R1~I~A1~~E Z51
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING THE CITY PURCHASYNG SYSTEM
THE CITY G~UNCIL 4F THE CITY OF SARAT4GA DOES ORDAIN AS
FOLLOWS:
section 1. l~`indin~s.
the pity council finds and declares ~~ follows:
A. The pity lode's provisio~.s conccrnin the pity's purchasing system
include ~rariaus restrlctians and .~iitatior~s that are inconsistent Yth
current hest n~ana~em.ent practices for public agencies.
~. In order to enhance the ~1ty' ~ ability to promptly and effectively
provide municipal services th,e Yty council h~re~Y ~.mend~ the pity
bode ~~ prOVlded In seCt~or~ ~, below, end repeals ~~~ prior
purchasing policies and procedur~~ pr~vi~usly ~dQpt~d by the City
council ~.s provided in section ~, below.
section Z. Adoption,
~'he aratoa pity bode is amended as set forth below. Text to be added is
indicated in bold d~~b~~Runderli~aed feat fie.,, bald dau~b~e-underlln~d~ and text to
be deleted is indicated in stril~eor~t font ~e.g., ~, Text in standard font
rem~ir~s un~hgd ~y this ordinance. ellipsis ~"~~`~`"} rnd~~cate existing text ~th~n
a sectlan of the section being arnended that is not reprinted in this ordinance end
that i. nit amended by this ordinance.
Ar ectio~ ~-4~.0~0 ofthe Saratoga ~it~ bode is arrlen.ded to read as follows:
2~4.02~ I)efini.tions.
For the purposes of this Article, the foll.oing words and phrases shall have
the meanings respectively ascribed to them by this ectio~n, unless the
context or the provision clearly requires otherwise
~a brand na~nc rrieans a product,lte~n ar rr~aterial described by reference to
its rn~nufacturer's name Qr catalogue number.
~~~ brand Warne or equal specification means contract or purchase order
specificat1on containing a brand name to describe the nature, standard of
quality, pe~rformar~cc, and other char~rete~istics needed to meet the pity's
requirements, and which provides for the submission of equivalent
l~fl~
products.
~~} host, as applied to ~ single transaction for the purchase of supplies ar
services, means the total amount to be e~pe~.ded by tae pity, exclusive of
sales or use tapes,
~d} Supplies means and includes a1~ rriterlals, supplies, equlp~nent,
products, and other items of tangible personal property.
~~ ~t•vices means and includes labor, professional services and consulting
s~rvlC~s. Services shall nit include 1ncldErltal ~a~or ~Ll~h ~~-up, t~~tlrlg,
ar~d maintenance of supplies here the primary purpose ~s to purchase the
supp yes.
~f~ ~ur~has~n~ A~~~nt rrYeans acv person ~uthori~ed by the ~u~rchas~n~
~ffi~er to s~ formal oar informal bids for the sale of ood~ or services
to the ~ty~
B. Section 2-45.030 of the Saratoga City Code is amended to read as follows:
~-4~,0o Exclusions from 1~rtlcle,
The provisions of this Article shall not apply to any of the following:
~a~ The award of contracts for public projects governed by the provisions of
the Mate public contract bode or the provisions of the pity's informal
h~~ding ordnance, as contained ~n C'hapter 1 ~~ Article 1~-1 ~ of this bode.
~b~ The a~rard of cor~tra~ts governed ~~ any State or l~"edera~ lam which
prescribes a different proceduxe~
~c~ The granting by the pity of fr~,n.chises, rights, privileges, licenses or.
perrnlts, lr~cluding, lout not 11rrx~t~d t~, ~ Cable t~l~vlsi~n franchise gr~rlt~d
pursuant to haptcr 4, article 4-~ of this bode, a garbage collection
franchise granted pursuant to haptcr 7, ~.rticle 7-05 of this bode, or a
fra~~hise for installation of facilities granted pursuant to chapter 10}
l~rticle to-~~ ofthis fade.
~d The purchase of 1~t~11tles, inc.lud~rig~ ~rrt not limited to, electricity, v~rater,
gas, or telephone service.
~e~ ~mployrnent contracts or collective bargaining agreerrrents with any
cn~ployees of the pity end contrasts for erv~~e~ _t~ ~rr~por~ri fill a
hud~cted nos~tinn or ncrfortn texn~urary w~o~r when the need far
tem ~ r s rv~cc~ irises.
~~ ~'he purchase of insurance, including coverage provided by any self
insurance pool in ~vhi~h the pity is a participant
fig} The extension or renewal of any existing contract for technical or
professional services to be pcrforn~ed b consultants unless the pity
ouneil sleets to award a ne~v contract pursuant to this Article.
~h} ~ontraets for technical or professional services to be performed by
consultants, ~vh~r~ the cost thereof will be paid in advance lay a person
applying to the pity for a perzt, license or other approval.
~ ~f I~
~i~ contracts for educational, recre~.tional, travel or entertainment services
furnished by independent contractors or consultants, where the total cost
thereof ~ paid by the persons utilizing the services.
~~ contracts for supplies ar services to he furnished by any other public
~g~ncy.
~~ The purchase of supplies or services rr~ade in compliance with the terms
ar~d conditions of any grant, gift or bequest to the pity that is otherwise
CDnslStent with law.
. ~~ti~n ~-~5.~4~ of the Saratoga City bode r amended to read a follaws:
Z-45.~4~ centralized purchasing system; purchasing ~ffcer.
~} ~~cept as otherwise provided by this Article, all purchases of supplies
and services sha11 be centralized under tla.e purchasing Officer.
~b~ The pity Manager is hereby appointed as the purchasing Officer f or the
pity, and as such shall have authority to;
~ 1 ~ procure or supervise the procurement of all supplies and services
needed by the pity, in accordance with the procedures presc~bed in this
Article and ar~y administrative ~,1°~ ~n~ ~~~,~'~+~~~~ ~olicles and
r eedur~ as nay be adopted ~b~r the Purchasing Officer pursuant hereto.
~~~ l~~ercise dir~~t s~pervis~~r~ ever the pity central stores and general
supervision over all other inventories off` supplies belonging to the pity.
~3~ Establish or supervise the establishn~.ent of specifications far supplies
and services required by the pity,
~4} Znpect or supervise the inspection of all supplies purchased by the pity
to insure quality, q~a~tit}~ ~~~ ~~r~formance with the specifications therefor.
~~~ prepare and adopt adminlstrat~ve ~~lrcle and
procedures not in conflict with the provisions ofthis Article far the
purpose of implementing tlae purchasing system established hereunder,
~~} ells trade or otherwise di space of surplus supplies, in accordance with
the provisions ofthis Article.
~c~ The purchasing Off cer rr~ay authorize any dcpar. t~rnent head to
investigate, solicit bids, or negotiate the purchase or ~.w~rd ~~ ~~n~`~~t~ fir
services or supplies independently of the centralized purchasing system,
provided that alI such actions shall be done in conformity with the
procedures prescribed by this Article or by duly adopted administrative
' olicie~ ~n roc dnr pertaining thereto.
1. ectlon ~'4.05~ of the aratoa pity bode is an~e~nded to read as follows.
~ -4 .0 5 0 .Purchase orders .
3 of I i~
Thy Pu~x~ yin facer sha~~ define u~rc~~e order racedu~res for the
~r~h~~e of ond~ ar per gee ~~~~.W~..,~~~~...~.~.~,~,..~:~~..~.~
m'mM'ri'mm'n':rnr~'wrM' ........... .:............ ~..~~~wrn-mni-mmmmrrr~rrmmmm~v~mmrvrmm~mi»>in~ronttrnvxn,r'• r'A~
i
~ ~ r ~+ +~tti 1 an nr [~ n~ ri n n ~+ n ~ rti ~ ~
.
E. Section 2-45.060 of the Saratoga City Code is amended to read as follows:
2-45.060 Availability of funds.
Except in cases of emergency, the Purchasing Officer shall not issue any
purchase order for supplies or services unless there exists sufficient ~
unencumbered appropriations in the ~,n~ account against which such
purchase is to be charged.
nr~niim~aror~ ivr~mo/a~ni'o~s~ ~]~1'
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F. ~~tian -4,~7~ ~f tie Saratoga fit ~~e xs arnende~ t~ read a fa~las:
2-45.0'10 Authorization for purchase ordexs and contracts; emergencies.
(a} The Purchasing Officer is hereby authorized to issue purchase orders
and award contracts for supplies or services where fihe cosfi thereof does not
exceed fi~twenty-five thousand dollars.
(b) Contracts or purchase orders for supplies or services involving a cost in
excess of ~rtwenty-five thousand dollars must be approved or awarded by
the City Council.
(c) Notwithstanding subsections (a) and (b} of this Section or any other
provision of this A,article, the Purchasing Officer may purchase supplies or
services having a cost in excess of ~rtwenty-five thousand dollars in the
event of emergency requiring the immediate preservation of the public
peace, health or safety, and precluding action by the City Council. In such
instances, the Purchasing Officer shall submit to the City Council at its next
succeeding meeting a written report describing the circumstances of the
emergency, the supplies or services purchased, and the cast thereof.
. action ~-4~,~50 afthe Saratoga. pity fade ~s ~~~et~d in its entir~t~;
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k~. section ~-4~. ~ ~~ of the Saratoga ~it~r ~a~e is elete~ in its entirety:
I. Section 2-45.110 ofthe Saratoga City Code is amended to read as follows:
~-4~. ~ ~ ~ open ~narl~et purchases,
~-purchases of suppl~e~ or ser~lce~ having ~ cast a~ ~~ - a e
thaus~~ ~~l~~r~ ~r leis
~~~~~~~~~ ~~»~~~ may ~~ ~ma~e in the apen rr~arl~et ~vithe in~o~ral
r ~ ~1~~1~1~ praCe~ures, . .
.
.
~?Vhene~er ~r~~~~bj~ ~ ~~~~ ~~~'~~
~nfora~ price quotat~on~ ~z~ be o t in ~ ~d ur~h~~~ half ~e arded
on t~.e basis of the price quatatian most advantageous to tie qty.
' ~u~~~~s~n~ A r~~s m~~ salicit pr~c~ ~uat~tia~~ eithc~
orally or ~n u~ritln, ar rna~ utilise price in~`ormation an fle 1th the pity or
available eisew~ere. '~h~ P~rchasin~ a~~~e shall estbl~~h policies and
r ~~~ur~s fir seel~i~ informal bids.
J. ectian -4. ~ ~ of the Saratoga it~r bode is amended to rea~~ as follov~s:
2-45.120 Competitive bidding; exceptions.
(a) Except as o#herwise provided in subsection {b) of this Section, all
purchases of supplies or services involving a cost e~exceedn~ twenty-_fve
thousand dollars e~e~-shall. be made by contract awarded pursuant to the
Sof1Q
formal competitive bidding prooodure set forth in eotion -4.1 ~.
fib) A contract for the purchase of supplies or sorvices involving ~ oast
~xeedln twenty-#iv~ t1~o~~an~ ~ol~ar~ ~rr~ay ~e aar~~~ ~y the
pity ouncll wlthaut oon~petitive b~dd~ng ~n each of the fallowing oases:
~ 1 ~ where the pity council determines that the immediate preservation of
the public peace, health ~~ safety r~qu~r~ the pur~ha~e t~ ~~ ~d~ with~~t
can~petttive bids.
~~} where the supply or service required by the pity can only be obtained
fr~~n a single source.
~3} there the contract is for specialx~ed ar professional services such s,
but not limited tai services rcndcred by architectsa engineers, auditors,
attorneys, appraisers, gealogists~ and other peciall~ed oon~ultant.
~4~ where the pity council detern~i~.os float use of the compotitive bidding
process is impracticable ar impossible, ~r would nit b likely t~ result in a
lower price to the pity from ~. responsible bidd~er~ or would cuso
unnecessary e~pcnse or dolay undor the circurr~stanccs.
~~} there the its mal~e~ use ~f the_.,~,_hedule or rn~kes use ,
another_ ~oyernrnent' ~urh~i~t~ a~r~~ments or bid prices, in lieu of
core etitave i if the ~ l~ounc~l determines that the other clt
noun ~ u li euc '~ url~~in ~ reements or bid ricer ire
est~bli~hed under ~iilr eom~etitiye bidding procedures.
where the pity ~auncil utilises the request for proposal rr~ethod of
purchase, a set forth in section ~-4.I40 of this Article.
. cction ~-~~. l3~ ~f the arat~ga pity ~~~ is amended to read as follows:
~-4~ .1 ~ ~ l~ ~rmal bidding procedure
Where formal competitive bidding is required., the following procedure
shall be followed:
~a~ .. ~ Br ~~ u~ts~ ~i~ r~~u~st
shall include a general description of the supplies or services to be
purchased} and the place where bid specifications can be
obtained., ~ . ,
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~rli~~~ Bid re ~ shall be posted at th.e pity :H:a~l
location used far the posting of loal notices.1 ~~~ ~'~° s~
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~r-~hasi~~~i~~~~ . ~ ~: The Purch~sin~ ~f~oer
my also Host the notice on the itv~~ eb~ite end anv other websites
or uublications~ a a~~xo~ri e
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~~ ~ Bid l~e-vre v~°~~~~ ~~~~~°~,~~° Bids shall be ubxttcd ~n
~- ~ ~y ~ -
ritin to ~u~~h~ri~ed ~urc~ta~in~ A~~nt rn the manner speclf~e~ by the
Purchasing ~f~ cer ~ '
. . X11 ~ beds
shall be available far public inspectlan during regular business hours fr~~n
the eommence~nent of brd rcvae ' . until the contract
has been awarded b~ the pity o~uncll.
~~ ~ Re j ~cti an off' b1ds. lf,1nthe a~nian of the qty ~unc~~, ~n~anc a£ the
bids ar satisfacta~ry, the auncil nay rej eat all bids and either purchase
the supplies or serv~ccs ~n the open n~arl~et or readvcrt~se for new b1ds+
~~ ~ Award of contract. ~~cept ~,~ otherwise provided herein, a contract
shall be awarded to the lowest responsible bidder, taping into c~nsideratian
the criteria listed in ectior~ Z-4.~9~ of this Article.
~~' e}Tie bids. If two or mare bids received are far the same total amount ar
unit price, quality and service being equal, and if a delay far
readvertisernent would rat be 1n the public interest, the pity ~unc11 rna~
accept the bid it chooses or accept the lowest bid made by negotiation with
the tie bidders a ~,~,a „~,~~,;~,
~ ~ ~'erfo~rmance bond. The pity Council may re~u~re that a pcrl`orancc
bond be furnished before entering rota a contract with a successful bidder.
The form and amount of such bond shall be satisfactory to the Purchasing
ffcer and in carnpliance with the contract s~pccifications.
~h g~ w~.ivcr of irregularities, The City Council nay waive ar~y rnlnor
irregularities in the bids, based upon a determination that the same have na
rrYaterial impact upon the bidding process or other bids submitted.
7~f1~1
~~ l~ loo ~i~s. Yfna ~Y~~ ~.re re~eiv~~ in re~pan~~ to the notice in~itin ~i~~,
the pity council nay proceed to purchase the supplies or services without
further carnpetltl~~ b1dd111~.
L. ectior~ ~-45.14 of c Saratoga its fade is amended to read as follows:
~-~, l~~ bequest for ~~~ ~~~1~,
~a} Xn lieu of farma~ hi~dlu~~ the ~ pity council may utili~c the request
far proposal method of purchasing supplies or services upon ~
determinatior~ that cornpetiti~e bidding is not practical ar ad~antagcous to
t e rty ecause;
~ 1 ~ duality, capability, performance ~r quala~icatlon 1s ~V~rrld~n~ 1n
~'~~atlorl t0 pr1c~; or
~~~ Delivery, installation, service, maintenance relzab1l~ty or replacement ~~
over~.dir~g in relation to price; ar
~~~ In the opinion of the pity council, the marl~etplace will respond better
to a solicitation per~riitting a range of alternative proposals or evaluation
and discussion of proposals before entering the contract,
~b~ ..
' ~-~"he identity o£ persons responding to the
err Request far ~ra~a~al~ and the content of proposals submitted to
the pity may be kept can~idential during the process of negotiation and
until a contract i s awarded,
~c} The format and ~roce~ur~s for Request far Praaa~al~ shall be
~stabli~hed by the ~urchasln~ fflc~r.
V 11 S/ f. kt L h/ 41'11 tiF 1 tit 1 J 1..r ~ of f 1F./ V V ~ 1 \f ~/ V AJ Yl L Y ~ V ~tY V ~rF r~ p,r ~ L L L~l Vf L 11 LFl V L Lf V LJ 1 V 111..f ~ 1 11 Vf'~ V V
~d~ ~"he contract av~ard shall be based upon the proposal deterrr~ined by the
pity council to be mast advantagcaus to the pity, taping into consideration
price and the evaluation factors set forth in the request for proposals.
~e~ the pity Council may reject any and all proposals if such rejection is
deemed to he in t1~e best int~rests of the ~ft~. ~'he Council may thereupon
direct that proposals be sol1c1ted or utilise any other purchasing method set
forth In this ~rtlc~e.
M. Section 2-45.160 of the Saratoga City Code is amended to read as follows:
~-45.1 ~a Jaint purchase with other agencies,
~otV~lthstanding any ot~ier provls~on ~f this 1~rtlcle, the >~urchasing officer
rrlay issue a point purchase order together with any other city, county, ar
8afl~]
public agency i~~t~for e purchase of supplies or services, provided
the specifications for such supplies or services have been approved by the
Purchasing ~f~icer if the cast thereof is r~ a twenty-fi-~
thousand dollars, or by e pity council if the cast thereof exceeds
t~nty-five thousand dollars, and provided further that the
Purchasing af~~c~ or itv ounc~l, ~ g~liblew d~~~rrnin~ that at
least one of the other agencies bas solicited ar advertised far bids in a
manner ~in~ilar to the applicabie procedures set forth in this article.
~1, S~~ti~n ~~45. ~ ~a of the Saratoga ~1ty bode 1s amended to read as follows:
2-45.170 Disposal of personal property.
The Purchasing fficcr shall have authority to dispose of personal property
of the pity which cannot be used by any department or has became
obsolete or warn out. ~`he d~spos1t7on may be accomplished by negotiated
le, public auction, exchange or trade 1r~ far ~th~r ~uppl~~s fir, ~pn
determination by the Purchasing off ~cer that the property hay na
ornercial value, by a~bandonn~ent, destruction or donation to a publi c
body or a nonprofit chartable ar civic oranz~at1ar~. The disposition of any
property having a value of e frame thousand dollars or mare sha11 first be
authori~~d by the t~ ounci~.
Section ~ + repeal of Friar Policies and resolutions.
All resolutions and policies of the City Council concerning City purchasing
procedures are hereby repealed in their entirety.
Section 4. Severance clause.
The pity council declares that each section, sub-secfiion, paragraph, sub-
p~.ragraph, sentence, clause and phrase of this ordinance is severable and
independent of every other section, sub~sectian, paragraph, sub-paragraph,
sentence, clause and phrase of this ordir~~n~, ~~ ~` ~~~ti~n, sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the pity auncil declares that it mould have adapted the remaining
provisions of` this ordinance irrespective af` the portion held inv~.lid, and further
declares its express intent that the rerriaining portions of this ordinance should
rcn~ain in effect after the invalid portion his been eli~niuated,
Section ~. Publication.
Th1s ordinance or a co~nprhensi~e summary thereof shall be published
9af10
once in a ner~pa~er ~f general eirculati~n ~1'the its ~f rata within fifteen
d~~s after its adt~~~,
The f~reg~in ~r~.in~nee v~~ i~~r~duce~ a~~ rea.d t the re~lx ~neetin ~~`
the its' ~uncil of the qty of ~-r~.~oa he~~ ~n tie ~ 1st day of ~~b~ru~x~, ~~07,
and vas a~o~te~ by the following ~~te f~llo~in a se~~n~ re~~in~ ~n the nth day
ofarch, ~~~7:
Al~~: ounci~naerrihers Ji~~ unte~, I~a~hleen ding, husk gage,
dice NXay~r Ann altonsn~1~h, a~yor A~~een Sao
ABENT~ ~o~.e
ABSTAIN: None
Aileen Kao
~T~ ~F ~A~AT~A., ALY~~~I~IA
CITY OF SARATpGA
~ T ~~1~VI:
~i~hard T~.~Ior
CITY ATT~1~~
I (} of 1 U