HomeMy WebLinkAboutO-1618 Purchasing PoliciesORDINANCE NO. 1618 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER
3.24, ARTICLE I, TO ADD LANGUAGE TO PURCHASING POLICIES
GOVERNING EMERGENCY PURCHASING, HIRING ON -CALL
CONSULTANTS, AND ENVIRONMENTALLY PREFERRED
PURCHASES
WHEREAS, the City Council adopted Ordinance No. 1178 (1990 Series) instituting a
recycled product procurement policy; and
WHEREAS, the Conservation and Open Space Element of the General Plan contains
goals, policies and programs that call for the City to use materials with reduced environmental
impacts; and
WHEREAS, adopted budget policies in the Productivity section call for analyzing
system and procedures to identify and remove unnecessary review requirements; and
WHEREAS, on December 16, 2014 Council amended the Productivity section of the
City budget policies to include "Maintaining City purchasing policies and procedures that are as
efficient and effective as possible "; and
WHEREAS, the subject changes to the Municipal Code will streamline the purchasing
process for hiring consultants — while maintaining appropriate checks and balances through a
formalized Request for Proposal process — thereby making accomplishing projects and related
delivery of services to the community more expedient and efficient; and
WHEREAS, the City analyzed several benchmark cities' purchasing ordinances, and the
subject changes are consistent.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Article I of Chapter 3.24 of the Municipal Code of the City of San Luis
Obispo is hereby amended as set forth in Exhibit A.
SECTION 2. Effective Dates. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
01618
Ordinance No. 1618 (2015 Series)
Page 2
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the city's rules and regulations.
It is the city's express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
Ordinance No. 1618 (2015 Series)
Page 3
INTRODUCED on the 2nd day of June, 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 16th day of June, 2015, on the following roll call
vote:
AYES: Council Members Carpenter, Christianson, Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
Mao an Marx
ATTEST:
APPROVED AS TQFORM:
J.tChristine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
l
day of
of San Luis Obispo, California, this
Ordinance No. 1618 (2015 Series)
EXHIBIT A
EXHIBIT A
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SAN LUIS OBISPO MUNICIPAL CODE
CHAPTER 3.24
PROCEDURES FOR PAYMENT OF 3.24.030 Purchasing authority
CLAIMS AND PURCHASES designated - Powers and duties. The city
Article I. General Provisions administrative officer, or his designated
representative(s), shall be the purchasing
authority whose functions shall include the
3.24.010 Applicability of provisions. All
expenditures by the city for supplies,
services, equipment and public works
projects not controlled by the Charter shall
be made only in accordance with and
pursuant to the provisions of this chapter.
(Ord. 954 § 2(part), 1983: prior code §
2950.1)
3.24.020 Purpose of provisions. A
purchasing control system for the city is
adopted in order:
A. To secure those items set out in Section
3.24.010 at the lowest possible cost
commensurate with quality requirements;
B. To ensure effective financial control
over expenditures;
C. To clearly define authority and
accountability for the purchasing function;
D. To minimize the written documentation,
administrative actions and expense of
processing purchase transactions;
E. To assure the quality of purchases made
on behalf of the city; and
F. To facilitate accurate forecasting and
planning of department needs and
expenditures. (Ord. 954 § 2 (part), 1983:
prior code § 2950.2)
following powers and duties:
A. To develop and prescribe, for the
departments, such administrative policies,
forms and files as may be reasonably
necessary for the internal management and
operation of these purchasing procedures;
B. To purchase or contract for those items
listed in Section 3.24.010 and required by
departments in accordance with these
purchasing procedures;
C. To negotiate and recommend execution
of contracts for purchase of those items
listed in Section 3.24.010;
D. To procure the needed quality in
supplies, services, equipment and public
works projects not controlled by the Charter,
at minimum expense;
E. To ensure as full and open competition
as possible on all purchases;
F. To consolidate department orders for
like items, ensuring quantity discount
pricing whenever possible;
G. To develop and maintain department
awareness of purchasing and pricing
principles, marketing conditions and new
products;
Ordinance No. 1618 (2015 Series)
EXHIBIT A
H. To inspect supplies and equipment
delivered, as well as contractual services
performed, to determine their conformance
with the specifications set forth in the orders
and contracts; and, in this connection, to
have the authority to require chemical,
physical or other tests of samples submitted
with quotations or bids, or of delivery
samplings, which may be necessary to
determine quality and conformance with
specifications;
I. To establish procedures for, and assign
duties to, personnel engaged in receiving,
storing and issuing purchased supplies,
thereby ensuring that supply levels are
consistent with usage requirements;
J. To facilitate the transfer of surplus or
unused supplies and equipment among
departments as needed; and
K. Subject to Charter Section 906, to sell or
exchange surplus supplies and equipment;
provided, that the same cannot reasonably
be used by any department. (Ord. 954 §
2(part), 1983: prior code § 2950.3)
3.24.040 Purchasing manual. Pursuant
to the provisions of this chapter, the city
administrative officer shall approve and
implement a manual of purchasing policies
and procedures and shall make such manual
available to the Council for inspection.
(Ord. 954 § 2(part), 1983: prior code §
2950.4)
3.24.050 Purchase documents. All
departments shall expend money for those
items set forth in Section 3.24.010 only in
such manner, at such times and by
submission of such purchase documents as
the purchasing authority shall prescribe.
(Ord. 954 § 2(part), 1983: prior code §
2950.5)
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3.24.060 Bidding procedures - Use of
not required when. Purchase of those
items listed in Section 3.24.010 shall be by
bid procedures set forth in this chapter.
Such procedures may be dispensed with, at
the discretion and judgment of the
purchasing authority as to the best interests
of the city, as follows:
A. When the amount to be expended is less
than the bid requirement amount which shall
be specified by resolution of the Council;
B. When an emergency purchase is made to
address a situation that creates an immediate
and serious need for equipment, supplies, or
services that cannot be met through normal
purchasing procedures and where the lack of
such equipment, supplies or services would
seriously threaten the functioning of City
government, the preservation of property, or
the health or safety of any person;
C. When the item(s) to be purchased can be
obtained from only one vendor or supplier;
D. When supplies or equipment have been
uniformly adopted in the city or otherwise
standardized;
E. When the purchase will be made
cooperatively with one, or more, other units
of government, or from a local dealer within
the city limits that can provide the same
brand, model and configuration of item(s)
identified in cooperative purchase
agreement(s) at or below the cooperative
purchasing net cost within the same terms
and conditions;
F. When reasonably necessary for the
preservation or protection of public peace,
health, safety or welfare of persons or
property; or
Ordinance No. 1618 (2015 Series)
EXHIBIT A
G. When, given the indeterminate nature of
the city's need, a request for proposal will
result in a more favorable and efficient
comparison of supplies, equipment and/or
services. (Ord. 1618 § 1, 2015; Ord. 1608 §
1, 2014; Ord. 954 § 2(part), 1983: prior code
§ 2950.6)
3.24.070 Authority to hire consultants.
The restrictions and provisions of this
chapter shall not apply to contracts
involving the acquisition of professional or
specialized services such as, but not limited
to, those rendered by architects, attorneys,
engineers and other specialized consultants.
Selection for such services will be made
using one of the following criteria:
A. An evaluation of proposals solicited
from capable professionals, and approved by
the purchasing authority, whenever the cost
of the work to be performed is of an
estimated value less than the Council
specified amount if, in the discretion of the
purchasing authority, selection based upon
the evaluation of proposals would better
serve the interest of the city.
B. An evaluation of proposals solicited
from capable professionals, and approved by
the Council, whenever the cost of the work
to be performed is of an estimated value in
excess of the amount specified by Council
resolution.
C. Selection from an approved list of on-
call consultants that is established by a
formal Request for Qualifications (RFQ)
process. The Council shall approve the RFQ,
and the Purchasing Authority is authorized
to execute agreements with selected
consultants. The Finance Director is
authorized to execute and amend purchase
orders for individual consultant services
contracts in an amount not -to- exceed the
authorized project budget. On -call
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consultant lists shall be renewed at least
every five years by a new RFQ process.
Ord. 1618 § 1, 2015; Ord. 954 § 2(part),
1983: prior code § 2950.7)
3.24.075 Environmentally Preferred
Purchases.
A. It is the intent of the city Council that the
City of San Luis Obispo take a leadership
role not only in recycling its waste products
but also in the purchase of recycled products
for use in the delivery of city services. It is
the purpose of this section to provide
direction to the city administrative officer in
the procurement and use of recycled
products. For the purpose of this section,
recycled materials are defined as any
materials (e.g., glass, paper, plastic, etc.)
that are separated by type, reprocessed by
industrial methods, and used as raw
materials for the manufacture of new
products.
B. It is the policy of the City of San Luis
Obispo to purchase and use recycled
products whenever possible to the extent
that such use does not negatively impact
health, safety, or operational efficiency.
C. It is the policy of the City of San Luis
Obispo to encourage the purchase of
products which can be recycled or reused.
D. The City will purchase and use recycled
paper for masthead stationery, envelopes
and printing purposes. In addition, recycled
paper shall be purchased and used in all
copy machines which will accept it. City
staff will encourage the copier industry to
develop high -speed copiers which will
accept recycled paper.
Ordinance No. 1618 (2015 Series)
EXHIBIT A
E. City departments shall examine their
purchasing specifications and, where
feasible, purchase equipment, supplies, and
services that result in less harm to the
natural environment. This involves the
purchase of equipment, supplies, and
services in a manner that uses less harmful
materials, employs recycled or recovered
materials (where appropriate and available),
and utilizes techniques intended to result in
less impact on the environment than other
available methods.
F. A ten percent preference, not to exceed
one thousand dollars per contract, may be
given to recycled products. The fitness and
quality of the recycled product must be at
least equal to unrecycled products as
determined by the city. The preference
percentage shall be based on the lowest bid
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or price quoted by the supplier or suppliers
offering nonrecycled products.
G. Price preferences may be offered in
excess of the ten percent ceiling established
in this section, if it can be shown that
purchase of a recycled product or material
will result in greater long -term savings to
the city. Award of a bid in excess of the
ceiling, however, requires the approval of
the city administrative officer or city
Council as established in the city's
purchasing manual. (Ord. 1618 § 1, 2015;
Ord. 1178 § 1, 1990)
Ord. No. 1178 added § 3.24.080, which the
editor has renumbered § 3.24.075 since the
chapter already contained a § 3.24.080.