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HomeMy WebLinkAbout10/26/1993, 5 - UPDATED PURCHASING GUIDELINES �IIN�I�ul�lllllnlll „„�I MEETING DATE: II II f�l Iull City ofSan LllIs 0B1SpO /o-z6 -93 Mamma COUNCIL AGENDA REPORT 'TEM NUMBER: FROM: William C. Statler, Director of Finance (,{ � SUBJECT: UPDATED PURCHASING GUIDELINES CAO RECOMMENDATION Adopt a resolution updating the City's purchasing guidelines. DISCUSSION Overview The City's purchasing system consists of four basic policy documents: ■ City charter. Section 901 outlines competitive bidding requirements for"public works” construction projects and Section 903 directs the Council to adopt purchasing policies and procedures by ordinance or resolution. ■ Purchasing ordinance. Chapter 3.24 of the municipal code sets forth the basic policy framework for making all City expenditures, including competitive bidding requirements, as directed by the Charter. ■ Purchasing resolution Adopted in April of 1983, Resolution 5084 establishes the basic procedures and categories of competitive bidding as required by the municipal code. ■ Financial management manual Section 200 of the financial management manual provides detailed procedures for administering the City's purchasing system and for implementing the policies set forth in the City charter, purchasing ordinance, and purchasing resolution. The purpose of this report is to review the City's current purchasing system and to make recommendations for revision as appropriate. Review Objectives As noted above, the City's basic purchasing procedures as set forth in Resolution 5084 have not been comprehensively reviewed in over ten years. Accordingly, this update has been prepared to account for the passage of time and to make revisions based simply on this factor. However, a more fundamental reason for this review is to improve our basic purchasing system to ensure that it is as efficient and effective as possible. The recommended changes are consistent with our productivity policy (page B-17 of the 1993-95 Financial Plan) which calls for us to constantly monitor and review our methods of operations, including the analysis of systems and procedures to identify and remove unnecessary review requirements. "N�i�►►�IIIIIII�I► IIUIII city of San lues OBISp0 COUNCIL AGENDA REPORT Another key component of the City's productivity policy is a general commitment to organizational decentralization. Under this approach, operating departments are primarily responsible for implementing the City's purchasing policies; there is no centralized purchasing function, although purchases are subject to review by Personnel, Finance, City Attorney's office, and Administration. In order for this decentralized approach to work efficiently, the City's purchasing system needs to be clear and straight forward, while ensuring that appropriate internal controls to protect City assets are in place. With recent reductions in administrative staffing levels, the need for simple but effective procedures is even more critical in today's organization: by streamlining our purchasing procedures, we can shift existing resources from "paperwork" to tangible, direct delivery of services. Accordingly, the primary objective in reviewing the City's purchasing system and recommending changes has been to: Reduce the administrative cost of delivering City services by streamlining the City's purchasing procedures while ensuring appropriate internal controls for the prudent management of the City's resources. Current Purchasing System Provided in Exhibit A is an overview of our current purchasing system. As reflected in this summary, there are currently five purchasing levels for five different types of purchases. Potentially, this means that there are 25 different ways of purchasing goods or services, which is difficult to efficiently administer in a decentralized organizational environment. Recommended Changes No changes are recommended in the policy framework set forth in the City's purchasing ordinance: as a fundamental guide for City purchasing practices, the existing internal control and competitive bidding requirements established in the municipal code continue to be appropriate in managing the City's resources. As summarized in Exhibit B, the key recommendation in improving our purchasing system is to reduce the number of competitive bidding categories established under the purchasing resolution and financial management manual to two basic groups: general purchases (supplies, equipment, operating & maintenance services, and construction projects) and consultant services. General PW chases In integrating purchasing categories in this first group, the current requirements for purchases of supplies and equipment are used as the basic model: ■ Over-the-counter (Department Head approval) Less than $5,000 ■ Open market (Finance Director approval) $5,000 to $15,000 ■ Formal bids or proposals CAO approval Greater than $15,000 Council approval Greater than $50,000 JT-vZ ���N�i�Ni�IIIII�IIpNllUlll city of San LUIS OBISpo WMS COUNCIL AGENDA REPORT All dollar values for supply and equipment purchases remain unchanged from existing guidelines except for the over-the-counter and open market categories: in recognition of the 53% increase in the consumer price index (All Urban Consumers - Los Angeles, Anaheim, Riverside) since April of 1983, the upper end of these categories has been increased from $3,000 to $5,000 for over-the-counter purchases and from $10,000 to $15,000 for open market purchases; formal bidding requirements remain essentially unchanged. The primary effect of this change is to use the same guidelines for construction projects as currently used for supplies, equipment, and operating & maintenance services. (The only exception is procedures for the 'open market" category: due to charter requirements, construction projects with estimated cost in excess of$5,000 must be noticed at least 10 days before the bid opening date.) Although this change will make our purchasing procedures easier to communicate to the operating departments, the actual impact is very limited: for example, of the 82 projects approved in the 1993-95 capital improvement plan, only three of them would fall into a different purchasing category as a result of this proposed revision. Conrultma Services Two key changes in the procedures for awarding contracts for consultant services are recommended: Integration with other purchasing procedures. While recognizing that consultant services are different from other types of purchases, it is recommended that the basic guidelines for contract award be consistent with other purchasing procedures. Accordingly, the following authority to award consultant service contracts is recommended: Current Proposed ■ Department Head Not specifically addressed Less than $5,000 ■ City Administrative Officer Not to exceed $10,000 $5,000 to $15,000 ■ Council Greater than $10,000 Greater than $15,000 Evaluation and contract award process. The basic process for requesting and evaluating proposals is also recommended for change. Under existing guidelines as established in Resolution 5084, requests for proposals (RFP's) for consultant services with an estimated cost in excess of $10,000 are administratively prepared and issued, and there is a requirement for a three person review team composed of specifically designated Management Team members (CAO, department head responsible for developing the project, and department head responsible for the project upon completion). Upon completing their evaluation, the review team ranks the proposals and forwards their ranking - without consideration of cost - to the Council. The Council then authorizes staff to negotiate with these firms in the order of their ranking. After successful negotiations, staff returns to Council with a contract award recommendation. 5-3 �,�H���u►rulllii�lili° ��UIII city of san lues oi3ispo COUNCIL AGENDA REPORT There are three basic problems with this process: ■ Because the RFP is administratively prepared and issued, there is no opportunity for the Council to "reaffirm" their commitment to major study projects nor to approve or modify the proposed workscope until after a significant commitment in purchasing resources has already been made. The recommended procedures address this problem by generally requiring RFP's for consultant services in excess of $15,000 to be approved by the Council, with the option of award by the CAO if the successful proposal is within the approved budget amount. ■ It is inappropriate - especially in today's fiscal environment - to assume that cost should be an irrelevant factor in evaluating proposals and recommending contract award. Cost should never be the sole factor in awarding consultant contracts, but it certainly should be one of several factors that are considered in determining 'best value" for the City. The recommended procedures address this problem by stating that price will be one factor among many - such as relevant experience, references, responsiveness of the proposal, and proposed methodology in performing the work- in making the contract award decision. ■ Returning to the Council twice after receiving and evaluating proposals (first receiving authorization to negotiate with the bidders and then returning with a recommended contract award) is a cumbersome and time-consuming process. With initial Council approval of the workscope and issuance of well-prepared RFP, it should be possible to return to the Council once (if award authority has not already been delegated to the CAO) with an evaluation of the proposals and a recommendation for contract award. The proposed procedures reflect this approach. FISCAL IMPACT There will be no direct fiscal impact associated with adopting the updated purchasing guidelines. However, there will be an increase in organizational productivity as a result of the improved system. CONCURRENCES The updated purchasing guidelines have been reviewed by the Management Team and department fiscal officers, and they concur with the proposed revisions. �,�n�►r►►uulllllllllll►`���U1 city Or San LUIS OBISPO NMI COUNCIL AGENDA REPORT ALTERNATIVES ■ Do nothing. The problems identified with our current system will continue, resulting in lower productivity and higher administrative costs than necessary. Accordingly, this alternative is not recommended. ■ Establish different dollar limits As long as the integrated approach reflected in the recommended guidelines is maintained,the recommended dollar limits that establish purchasing categories could be modified without affecting the fundamental benefits of changing our purchasing guidelines. However, the proposed revisions closely follow our existing guidelines, and as such, this alternative is not recommended. SUMMARY The City's purchasing system has not been comprehensively reviewed by the Council in over ten years. In order to account for the passage of time since then, as well as to ensure that our purchasing system is as efficient and effective as possible consistent with appropriate internal controls, it is recommended that the Council adopt a resolution updating the City's purchasing guidelines. ATTACHMENT Resolution adopting updated purchasing guidelines EXHIBITS A. Overview of current purchasing system B. Overview of recommended purchasing system AGR\PURCHNGG.WP 5-5 .:SOLUTION NO. (1993 Seri, A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING PURCHASING GUIDELINES WHEREAS, in the course of conducting City operations it is necessary to purchase a broad range of goods and services; and WHEREAS, the Council has adopted purchasing policies and procedures as set forth in Chapter 3.24 of the municipal code which require the Council to specify by resolution the dollar amount of purchases and contracts requiring the use of either open market or formal bidding procedures and the level of authority required to authorize invitations for bids and award of contracts; and WHEREAS, the Council desires to update existing guidelines to reflect current conditions and implement improved procedures; NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Resolution No. 5084 (1983 Series) is hereby rescinded and the updated purchasing guidelines provided in Exhibit 1 attached hereto are hereby adopted. On motion of , seconded by , and on the following roll call vote: AYES: NOES: . ABSENT: the foregoing Resolution was passed and adopted this day of . 1993. ATTEST: Mayor Peg Pinard Diane Gladwell, City Clerk APPROVED: eqWyreytity Attorney 6 PURCHASING GUIDELINES mit 1 OVERVIEW In accordance with the policy framework set forth in Chapter 3.24 of the municipal code, City purchases and contracts (including rentals and leases) will be made pursuant to these guidelines. Applicable competitive bidding categories, authorization limits, or contract award procedures will be based on unit cost,total purchase cost for consolidated bid items,or fiscal year aggregates in the case of blanket purchase orders or similar ongoing purchasing arrangements. Staging of purchases in order to avoid these competitive bidding procedures or authorization limits is prohibited. GENERAL PURCHASES Purchases and contracts for supplies, equipment,operating and maintenance services, and construction projects will be made pursuant to the following guidelines. A. Over-the-counter. Purchases of less than$5,000 may be authorized by the Department Head. Although no specific purchasing requirements are established for this level of purchase,competitive bidding should be used whenever practical. B. Open market. Purchases between$5,000 and$15,000 may be authorized by the Director of Finance(or her or his designee) pursuant to the open market bidding procedures established in Chapter 3.24 (Article 11)of the municipal code. For construction projects,the following supplemental procedures will also be applicable in accordance with Charter provisions: 1. A notice inviting bids will be published in the City's official newspaper at least ten calendar days prior to the bid opening date. 2. A bidders' security equal to at least 10% of the bid amount will accompany each bid. C. Formal bids or proposals. Purchases in excess of$15,000 will be made pursuant to the formal bidding requirements established in Chapter 3.24 (Article III) of the municipal code. Authority to approve specifications, invite bids or request proposals, and award contracts will be as follows: 1. For purchases with an approved budget and a cost estimate of $50,000 or less, the City Administrative Officer is authorized to invite bids or request proposals, approve specifications, and award the contract. 2. For purchases in excess of$50,000, Council approval of the specifications and authorization to in%iie bids or request proposals is required. The Council may authorize the City Administrative Officer to award the contract if the selected bid or proposal is less than or equal to the Council-approved cost estimate and there are no substantive changes to the specifications. Otherwise, Council award of the contract is required. CONSULTANT SERVICES Contracts for consultant services will be awarded pursuant to the following guidelines. A. Contracts for consultant services estimated to cost less than$5,000 may be awarded by the Department Head. Although no specific purchasing requirements are established for this level of contract,proposals should be solicited whenever practical. B. Contracts for consulting services estimated to cost between $5,000 and $15,000 may be awarded by the City Administrative Officer. Proposals from at least three firms should be solicited whenever practical. C. Contracts for consultant services estimated to cost more than$15,000 will generally be awarded pursuant to the following guidelines;however,it is recognized that the City's need for consultant services will vary from situation to situation, and.accordingly, flexibility will be provided in determining the appropriate evaluation and selection process to be used in each specific circumstance. 1. The Council should generally approve request for proposal (RFP) documents before they are issued. The Council may authorize the City Administrative Officer to award the contract if it is less than or equal to the Council-approved cost estimate and there are no substantive changes to the approved workscope. Otherwise, Council award of the contract is required. 2. In the event that the timely evaluation and selection of a consultant precludes Council approval of the RFP before it is issued, the RFP may be approved and distributed by the City Administrative Officer; however, award of the contract will be made by the Council. 3. Cost will not be the sole criteria in selecting the successful bidder. Consultant proposals will be evaluated based on a combination of factors that result in the best value to the City, including but not limited to: a. Understanding of the work required by the City b. Quality and responsiveness of the proposal C. Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by the City d. Recent experience in successfully performing similar services e. Proposed methodology for completing the work L References g. Background and related experience of the specific individuals to be assigned to the Project h. Proposed compensation 4. In the event that it is determined that it is in the best interest of the City for services to be provided by a specific consultant - with contract terms, workscope, and compensation to be determined based on direct negotiations - contract award will be made by the Council. AGR%PURCHGDS.YP �S C O o O O L V _ O_ O O cOp eO Occ Z � ca Q C G z z Z ti y � � • O C) a) O r ca V py ca G 0 t go c � cd ca cc ea y p 3 * .. 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