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O 513 C.S. ORDINANCE NO. 513 C.S. AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE REPEALING CHAPTER 4 OF TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE AND ADDING THERETO A NEW CHAPTER 4 WHEREAS, the City finds it serves the interests and general welfare of the citizens of the City of Arroyo Grande to encourage and assist businesses to locate and remain in the City, and thereby preserve and foster the City's economic and social vitality; and WHEREAS, it is in many cases difficult or impossible for businesses located in the City to compete with non-local businesses for City and other contracts. This competitive disadvantage results in many businesses leaving or choosing not to locate in Arroyo Grande, and thus further results in the deterioration of the local tax base and labor force, and in some local persons and families having to leave Arroyo Grande in order to secure work; and WHEREAS, by affording local businesses a preference in the award of City contracts, businesses will be encouraged to locate and remain in the City, and as a result the City's interests and general welfare will be served. NOW, THEREFORE THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOllOWS: SECTION 1: That Chapter 4 of Title 2 of the Arroyo Grande Municipal Code is hereby repealed and deleted in its entirety and replaced with a new Chapter 4 of Title 2 attached hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact than anyone or more section, subsection, subdivision, paragraph, sentence, clause or phases be declared unconstitutional. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the Proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. ORDINANCE NO. 513 C.S. PAGE 2 SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage. On motion of Council Member Tolley, seconded by Council Member Runels, and on the following roll call vote to wit: AYES: Council Members Tolley, Runels, Dickens, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Ordinance was adopted this 14th day of March, 2000. ORDINANCE NO. 513 C.S. PAGE 3 ATTEST: WtUiJftX- RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: APPROVED AS TO FORM: I EXHIBIT A 2-4.01 2-4.02 CHAPTER 4. PURCHASING PROCEDURE Sec. 2-4.01. Requisitions. (a) Form. Whenever any user department requires the purchase or acquisition of materials, supplies, or services for the proper functioning of such department, it shall order the purchase from among available vendors, subject to budgeted dollar constraints, in either written or verbal form. Upon invoicing from the vendor, the user department shall clearly mark the budget account number(s) to be charged upon payment, for the benefit of the Financial Services Department. (b) Authorization. Written invoices shall be signed by the chief officer of the department ordering the materials or services. The chief officer shall be deemed to be the department director, as well as such assistants as he/she may authorize. (c) Petty Cash Purchases. Written requisitions shall not be required for the purchase or acquisition of materials, supplies, or services under the amount established by resolution of the City Council. Such purchases may be made from petty cash or via the normal accounts payable process. The department director shall approve and initial all invoices for purchases under the amount established by resolution of the City Council and clearly mark the budget account number to be charged upon payment. (Sec. 1, Ord. 181, as amended by Sec. 4, Ord. 447 C.S., eff. July 23, 1992; Sec. 1, Ord. 488 C.S., eft. September 14, 1997) Sec. 2-4.02. PurchasinQ Process.' (a) First Level Expenditures. For First Level Expenditures, in an amount established by resolution of the City Council, the user departm~nt is not obligated to obtain bids nor to issue a written purchase order. (b) Second Level Expenditures. For Second Level Expenditures, in an amount established by resolution of the City Council, the user department shall first solicit at least three (3) informal bids, diligently attempting in good faith to obtain the best value for the City. The user department director or his/her authorized assistant shall record all informal bids. The user department shall prepare a written purchase order for all Second Level Expenditures. The original purchase order shall be forwarded to the designated vendor, and the second copy shall be filed with the user department until delivery or acceptance of the purchase. -- --..-- ----._--_.. _..---~ .._- --------- ------------ --~-.--_.__._- -'-~- ------"-- (c) Third Level Expenditures. For Third Level Expenditu~es in an amount established by resolution of the City Council, unless otherwise ordered by the City Manager, the user department shall first solicit at least three (3) written competitive bids, diligently attempting in good faith to obtain the best value for the City. All written bids shall be retained by the user department director or his/her authorized assistant. For purchases greater than First Level, the user department shall prepare a written purchase order. The original purchase order shall be forwarded to the designated vendor, and the second copy shall be filed with the user department until delivery or acceptance of the purchase. (d) Fourth Level Expenditures. For Fourth Level purchases, in an amount established by resolution of the City Council, only the formal bid process shall be permitted. The completed purchase order, with bids or bid summaries attached, shall be forwarded to the user department director for his/her approval and signature on all copies. The original purchase order shall be forwarded to the designated vendor, and the second copy shall be filed with the user department until delivery or acceptance of the purchase. (e) Expenditures Involvinq Public Proiects. Not withstanding the provisions of Article 4 (commencing with Section 20160) of Chapter 1, part 3 of the California Public Contract Code, the requirements for the award of contracts for public projects of the City shall be governed by the alternative procedures contained in Article 3 (commencing with Section 22030) of the Uniform Public Construction Cost Accounting Act (hereinafter "Act"), except as otherwise provided for in this Chapter. (1 ) Public proiects of $25.000 or less. Public projects, as defined by the Act, of twenty-five thousand dollars ($25,000) or less, appropriations for which have been approved by the City Council, may be performed by the employees of the City by force account, or by negotiated contract or purchase order approved by the City Manager. (2) Public proiects of $75.000 or less (informal bidding procedures). Public projects, as defined by the Act, of seventy-five thousand dollars ($75,000) or less may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. . (a) A list of contractors shall be developed and maintained by the Director of Public Works in accordance with the provisions of Section 22034 of the Act. (b) Where a public project is to be performed which is subject to the provisions of this <?hapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 22034 of the Act, and to all construction trade journals as specified by the California Uniform Construction Cost. Accounting Commission pursuant to Section 22036 of the Act. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided however: 1) if there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission, or 2) if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. All mailing of notices to contractors and construction trade journals shall be completed not less than ten (10) calendar days before bids are due. (c) 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. (d) The City Manager is authorized to award informal contracts pursuant to this section. (e) If all bids received are in excess of seventy-five thousand dollars ($75,000), the governing body of the public agency may by passage of a resolution by a four-fifths vote, award the contract, at eighty thousand dollars ($80,000), or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. (3) Public proiects of more than $75.000 (formal biddinq procedures). For all public projects of more than $75,000, a contract shall be awarded pursuant to a formal bidding. procedure as set forth in the Act, and subject to the exemptions provided for therein. (f) Open Purchase Orders. (1) Defined. "Open purchase order" shall mean a purchase where the acquisition is not made all at one time; it shall be a continuing order providing continuing authority to purchase from vendors who furnish monthly supplies or services in such volume as to justify the issuance of an open order. All open purchase orders shall state a maximum amount of expenditures. (2) Use. Upon the user department's written request therefor, an open purchase order may be prepared and issued. The original copy, after approval and signature, shall be forwarded to the vendor. The second copy shall be retained by the user department. When an -~'----------- ----- --- - -- -~.--- -- open purchase order is utilized, expenditures shall be reported by the use of requisitions. Such requisitions shall be signed by the department director or his/her duly authorized assistant. Such requisitions against an open purchase order shall be filed immediately by the user department before each and every purchase. (g) Guidelines for Evaluatinq Bids. Except as otherwise required by law, guidelines for evaluating bids shall include, but not be limited to, the following: (1 ) The character, integrity, reputation, judgment, experience, and efficiency of the bidder (this may include an analysis of previous work performed for the City); (2) The ability of the bidder to perform the contract, or provide the materials, supplies, or services required, within the time specified, without delay or interference; (3) The ability of the bidder to provide future maintenance, repair parts, and replacement of purchased materials or supplies; (4) Compliance by the bidder with federal acts, executive orders, and state statutes governing nondiscrimination in employment; (5) The results of any evaluation relating performance and price, such as testing, life cycle costing, and analysis of service, maintenance, and technical data; (6) Fitness and quality being equal, a preference may be granted to local vendors for the purchase of materials, supplies, and services. The City may provide a preference to each qualified local vendor if the bid of a local qualified vendor does not exceed the lowest bid or price quoted by other vendors by more than five percent (5%). Application of the five percent (5%) preference in the award of the contract shall mean the amount by which the local vendor bid or estimate shall be deemed reduced in the City's bid award or selection process and shall not actually reduce the amount ultimately paid by the City to the successful bidder. To qualify as a local vendor, a business must have all current applicable City licenses and permits, must maintain its primary office, distribution point, or place of business within the City of Arroyo Grande and must report and pay sales tax to the State of California that identifies the point of sale for taxable transactions as a location within the City limits. Sec. 2-4.03. Third Level Purchase Orders: Approval by City Manaqer. Department directors and all other City employees shall not be authorized to sign, issue, or deliver any purchase order, or accept any delivery of goods or services of Third Level value, until such time as the City Manager has authorized same in writing. Any such purchase orders or acceptance of goods or services of Third Level value without the prior written approval of the City Manager shall be a nullity. Sec. 2-4.04. Purchase Orders For Four Level Purchases: Approval by Council. The City Manager and department directors shall not be authorized to sign, issue, or deliver any purchase order, or accept any delivery of goods or services, of Fourth Level value until such time as the Council first shall have authorized the same. Any purchase orders or acceptance of goods or services in excess of Fourth Level value without the prior approval of the Council shall be a nullity. Sec. 2-4.05. Professional Services Contracts. The City Manager and department directors shall not be authorized to sign, issue, or deliver any purchase order, or accept any professional services contract, in excess of amount established by resolution of the City Council, until such time as the Council first shall have authorized same. The issuance of any purchase orders or acceptance of a contract in excess of amount established by resolution of the City Council without the prior approval of the Council shall be a nullity. Professional services contracts of less than the amount established by resolution of the City Council and budgeted in the original approved annual budget, may be approved by the City Manager. Sec. 2-4.06. Use of Procedures Not Required. The procedures and provisions set forth in Section 2-4.02 of this chapter may be dispensed with, at the discretion and judgment of the City Manager if deemed to be in the best interests of the City, as follows: (a) When an emergency requires that an order be placed with the nearest available source of supply; (b) When the item(s) to be purchased can be obtained from only one vendor or supplier; (c) When the purchase will be made cooperatively with one or more other units of government, or by use of another agency's bid procurement procedure, provided it meets the standards established by this chapter; (d) When reasonably necessary for the preservation or protection of public peace, health, safety, or welfare of persons or property; or (e) When, given the indeterminate nature of the City's need, a request for proposal will result ina more favorable and efficient comparison of materials, supplies, or service. OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 513 C.S. is a true, full, and correct copy of said Ordinance passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 14th day of March, 2000. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of March, 2000. f!J/U!- ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK