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HomeMy WebLinkAbout06 SECOND READING AND ADOPTION OF ORDINANCE NO. 1552 - AMENDING THE PURCHASING POLICY AND PROCEDURESDocusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 AGENDA REPORT s� MEETING DATE TO FROM OCTOBER 15, 2024 ALDO E. SCHINDLER, CITY MANAGER ERICA N. YASUDA, CITY CLERK Agenda Item Reviewed: City Manager Finance Director SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1552 — AMENDING THE PURCHASING POLICY AND PROCEDURES SUMMARY: Adoption of Ordinance No. 1552 amends the Purchasing Policy and Procedures as outlined in the Tustin City Code sections 1621-1630. RECOMMENDATION: That the City Council have second reading by title only and adoption of Ordinance No. 1552. FISCAL IMPACT: There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN: An update of the City's Purchasing System correlates to the strategic plan by implementing Goal E, organizational excellence and customer service. Specifically, periodic review and update to policy and procedures allow the City to adjust to changes in requirements and current best practices, and continue to deliver excellent public services in an efficient manner. BACKGROUND AND DISCUSSION: On October 1, 2024, the City Council had first reading by title only of Ordinance No. 1552. ORDINANCE NO. 1552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPLACING AND SUPERSEDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM no Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 City Council Agenda Report Second Reading and Adoption of Ordinance 1552 October 15, 2024 Page 2 rSigned by: V'iCa (�aSu.d.a. Erica . asuda City Clerk Attachment: 1. Ordinance No. 1552 Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 ORDINANCE NO. 1552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPLACING AND SUPERSEDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM. The City Council of the City of Tustin, California finds as follows, WHEREAS, it is in the best interests of the City, its employees, and its constituents to have efficient and transparent procedures in place for the purchases of supplies, services and equipment, to procure those purchases at low cost commensurate with the quality of supplies, services and equipment needed, and to exercise positive financial control over purchases, with clearly defined delegations of authority for the City's purchasing functions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Sections 1621 through 1631 of Part 2 of Chapter 6 of Article 1 of the Tustin City Code are replaced and superseded in their entirety to read as follows: 1621 ADOPTION OF PURCHASING SYSTEM In order to establish efficient procedures for the purchase of supplies, services and equipment, to secure for the City supplies, services and equipment at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to ensure the quality of purchases, a purchasing policy is hereby adopted. This Part shall be known as and may be cited as the "Purchasing System." 1622 DEFINITIONS For the purpose of carrying out the intent of this chapter, the following words, phrases and terms shall have the meaning ascribed to them in this section: "Facility" means any plant, building, structure, ground facility, utility system, real property, streets and highways, or other public work improvement (subject to the limitation found in the definition for public project in this section). "Fixed charge purchases" means supplies, materials, equipment, and services that can be acquired from only one source for which a fixed price has been determined (i.e. postage, professional development, training, membership, utility services, service contracts with other governmental agencies, debt service payments, etc.). Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 2 "General services" means any service that is not a professional service as defined in this section. General services include but are not limited to janitorial services, security services, and maintenance work. "In writing" or "written" means in reduced to writing in a physical or electronic medium that creates a City record to which future reference may be made, including but not limited email. "Maintenance work" includes any of the following: a. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; b. Minor repainting; c. Resurfacing of streets and highways at less than one (1) inch; d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. "Professional services" means, but is not limited to, any type of professional services that may be lawfully rendered including the services of architects, attorneys, consultants, engineers, physicians, accountants, information technology professionals, or other individuals or organizations possessing a high degree of professional or technical expertise, but does not include public projects. "Public works contract" shall have the meaning set forth in California Public Contract Code 1101, as amended from time to time. "Public project" means any of the following to which the Uniform Public Construction Cost Accounting Act (California Public Contract Code section 22000 et seq.) applies: a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility; or b. Painting or repainting of any publicly owned, leased or operated facility. "Purchase order" means a written authorization by the issuing party for the recipient to provide labor, materials or services for which the issuing party agrees to pay. "Responsible bid" means an offer, submitted by a responsible bidder in written form (physical or digital), to furnish supplies, materials, equipment or contractual services in conformity with specifications, delivery terms and conditions and other requirements included in the invitation for bids. "Responsible bidder" means a bidder who submits a responsible bid; who has furnished, when requested, information and data to prove that its financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of the supplies, materials, equipment or contractual services for which the bids are submitted, and who has not violated, or attempted to violate, any provision of this Part. Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 3 "Sole source" means supplies, materials, equipment or services of a unique nature based on quality, durability, availability, fitness for a particular use, or qualifications, or that are available from only one source. "Supplies, materials and equipment" mean any and all articles or things which shall be furnished to or used by the City, and includes but is not limited to goods, vehicles, supplies, equipment, machinery and related maintenance. 1623 PURCHASING MANAGER a. Creation of the Position of Purchasing Manager There is hereby created the position of Purchasing Manager, who shall be the City Manager. The City Manager may delegate, subject to his or her control and direction, any of the powers and duties conferred upon the as Purchasing Manager to any other officer or employee of the City. b. Power and Duties 1. As Purchasing Manager, the City Manager directs and supervises the acquisition of all supplies, materials, equipment, and services under the authority of TCC Section 1415 and in accordance with this Part. 2. Purchasing Agents. In accordance with TCC Section 1623a the City Manager may delegate responsibility for administering purchasing policies and procedures to one or more department heads. A department head who has been delegated authority by the Purchasing Manager hereunder is referred to herein as a Purchasing Agent. Unless the Purchasing Manager directs otherwise in writing, the authorized Purchasing Agents shall include: i. Assistant City Manager ii. Deputy City Manager iii. Director of Finance iv. Director of Parks and Recreation Services v. Director of Community Development vi. Chief of Police vii. Director of Public Works viii. Director of Human Resources 3. Purchasing Delegates. Additionally, the Purchasing Manager may delegate authority to the Purchasing Agents to delegate authority to additional individuals within their supervision who shall be authorized to make purchases. Individuals delegated purchasing authority by the Purchasing Agents are referred to as "Purchasing Delegates". Purchasing Delegates shall be designated in accordance with the following requirements: i. A written list of Purchasing Delegates must be submitted to the Finance Director and include the name and maximum dollar purchasing authority authorized for each individual. Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 4 ii. A written list of Purchasing Delegates must be approved on an annual basis or upon changes in employment status, whichever is more frequent, by the Purchasing Manager, Finance Director, and the applicable Purchasing Agent. iii. The Finance Director must maintain a written record of all approved Purchasing Delegates. 4. Purchasing Manager Approval Authority. The Purchasing Manager is authorized to approve contracts with an estimated total value including applicable sales tax, shipping charge, surcharge, amendments, and/or change orders up to the following amounts: i. Supplies, materials, and equipment that are less than or equal to $200,000; General and professional services that are less than or equal to $200,000; and iii. The Purchasing Manager may delegate approval of the above contracts to the Purchasing Agents and Purchasing Delegates. 5. City Council Approval Required. The City Council shall approve contracts with an estimated total value including applicable sales tax, shipping charge, surcharge, amendments, and/or change orders is for: i. Supplies, materials, and equipment that are greater than $200,000; and General and professional services that are greater than $200,000. C. Conflict of interest Policy and Prohibitions Employees and agents of the City involved in procurement activity shall not: 1. Receive a rebate, kickback or other unlawful consideration in the selection of those contracting with the City; or 2. Participate in or attempt to influence the selection process for a contract if he or she has a relationship with a person or business entity seeking a contract which would subject those employees to the prohibition of California Government Code section 87100. 1624 PURCHASING PROCEDURE a. Availability of Funds. Except in emergencies as defined in Section 1625a, no notice of award of contract shall be issued, no contract shall be signed and no open market purchase order shall be issued unless the unexpended balance in the appropriation or appropriations concerned is sufficient to defray the amount of such contract or purchase order. b. Signatures Authority for Contracts. Except as provided in section 1628d, contracts procured and approved in accordance with this Part may be signed by the Purchasing Manager or delegated to a Purchasing Agent. c. Purchaser Responsibilities. It shall be the responsibility of the Purchasing Manager, Purchasing Agent, or Purchasing Delegate handling a purchase: Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 5 1. Combined Purchases: To reduce, to the maximum extent possible, the number of purchase transactions by combining into bulk orders and contracts the requirements of departments or City for common -use items or items frequently purchased. 2. Vendor Validation: To obtain a completed IRS Form W-9 from any vendor not previously used for City purchases and submit it to the Finance Department. The Finance Department shall perform procedures to ensure the validity of all new vendors before any purchase can be made with the new vendor. 3. Receipt Documentation: To ensure that the person that documents the receipt of the supplies, materials, and equipment purchased is not the same individual that authorized the purchase and to follow the procedures of TCC Section 1629 for inspection of materials and equipment. 4. Bid Selection: Except as otherwise authorized in this Part or by State or Federal law, to select the lowest responsible bidder when bids are solicited, whether formal or informal. If the lowest priced bid is not selected, then the decision process must be documented on a prescribed form explaining why the lowest bid was not chosen. This form shall be approved by the Purchasing Manager or Purchasing Agent, and filed with the applicable contract and purchase order. 5. Sole Source Provider: If the item(s) to be purchased is only available through a sole source provider, the department must document the determination to purchase on a prescribed form, obtain approval from the Purchasing Manager or Finance Director, provide verification that the vendor is the sole source provider, and file this form with the applicable contract and purchase order. Examples of allowable sole source item(s) or services include but are not limited to: i. The brand or trade name article, products or proprietary service is the only one which will properly meet the needs of the City; or ii. The item or service is unique and/or available only from a single source based on region or decision of a manufacturer or distributor; or iii. The item or service is designed to match others already in use or is necessary to be compatible with others already in use. 6. Contract Terms: Maximum terms for all service contracts do not exceed five years, including extensions unless otherwise approved or directed by the City Council. 7. Split Purchase Prohibited: Splitting a purchase to avoid applicable procurement thresholds is strictly prohibited. 8. Federal Funding Compliance: When purchasing with Federal funds, the department must follow the stricter of either the Uniform Guidance (2 CFR Par 200 Subpart A §200.318 General Procurement Standards through §200.326 Contract Provisions), or City Policy. d. The Purchasing Manager is authorized to prescribe the use of various types of contracts and orders, including, but not limited to, the following: 1. Petty Cash: Use of petty cash is authorized for single purchases of seventy-five dollars ($75.00) or less. Petty cash reimbursements must be supported by an itemized receipt and approved by the employee's supervisor. The Finance Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 6 Department will review the receipts and approvals attached to the request for petty cash replenishment from each department to verify purchases made are approved and legitimate. 2. Purchase Orders: Shall be used for all purchases of supplies, materials, equipment, and services in accordance with the following: i. Any single item or aggregate purchase with an estimated value of ten thousand dollars ($10,000.00) or greater. ii. When the Purchasing Manager, Purchasing Agent, or Purchasing Delegate expects to make multiple purchases with a single vendor and these purchases are expected to exceed twenty thousand dollars ($20,000.00) annually for similar items, an open purchase order should be utilized. Open purchase orders must be approved by the Purchasing Manager or Purchasing Agent and renewed at least annually. iii. Fixed charge purchases do not require a purchase order, regardless of the dollar amount. e. With the exception of emergencies (as defined in TCC Section 1625a) and the other exceptions noted in TCC Sections 1625b and 1625c, the Purchasing Manager, Purchasing Agent and Purchasing Delegate shall follow the following procedures with regards to purchases of supplies, materials, equipment, and services: 1. Micro -Purchases: A purchase, whether it is a single item or aggregate with an estimated value of less than thirty thousand dollars ($30,000) including surcharge, sales tax, and shipping, may be made without the use of formal or informal bids. The Purchasing Agent or Purchasing Delegate shall document the approval of this micro -purchase method using simplified and cost-effective operational procedures and/or forms established by the Purchasing Manager. 2. Informal Bids or Quotes: The Purchasing Manager, Purchasing Agent or Purchasing Delegate shall solicit three (3) informal bids or quotes for: i. Purchase of supplies, materials, or equipment with an estimated value between thirty thousand dollars ($30,000.00) up to and including sixty-five thousand dollars ($65,000.00) including surcharge, sales tax, and shipping. ii. General service contracts with an estimated value between thirty thousand dollars ($30,000) and up to and including one hundred thousand dollars ($100,000) including amendments or change orders. iii. Bids or quotes shall be obtained in written format. iv. Written documentation of the bids and quotes or justifications for utilizing the bidding exception, must be submitted on a prescribed form. This form and related bids or quotes must be filed with the applicable contract and purchase order. 3. Formal Bids: The Purchasing Manager, Purchasing Agent or Purchasing Delegate shall solicit three (3) formal bids for: i. Purchase of supplies, materials, and equipment with an estimated value of more than sixty-five thousand dollars ($65,000.00) including surcharge, sales tax, and shipping charges, Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 7 ii. General service contracts with an estimated value of more than one hundred thousand dollars ($100,000) including amendments or change orders. iii. Bids must be obtained in written format. iv. Written documentation of the bids must be submitted on a prescribed form. This form and related bids must be filed with the applicable contract and purchase order. f. Any travel related costs must comply with the City's Travel Policy. g. Purchases by credit card of supplies, materials, and equipment must follow the following procedures: 1. Credit cards may be provided to employees as determined appropriate by the Finance Director, in consultation with the employee's immediate supervisor. 2. The Finance Director and in his/her absence the Purchasing Manager is responsible for the issuance of credit cards, accounting, monitoring, and generally overseeing compliance with these procedures. 3. Credit card limits will be determined by the Finance Director and in his/her absence the Purchasing Manager. There shall be no cash access feature (cash advance) on the credit cards. The Finance Director shall establish policies for the safekeeping of credit cards and procedures in the event a credit card is lost, stolen or destroyed. 4. Credit cards must only be used by City employees for proper City business purposes. Use of credit cards for personal purchases is prohibited. 5. Employees using credit cards must retain itemized credit card receipts, attach them to the credit card statements and present this documentation to their immediate supervisor for approval. In the case of meals and business travel expenses, each receipt must include the names of all persons involved in the purchase, and a brief description of the business purpose. Receipts shall be reconciled to the monthly credit card statement by the Finance Department. An employee who fails to provide credit card receipts to the Finance Department within five (5) business days of when the charges were made may be required, at the Finance Director's discretion, to reimburse the City for the charges, and at the Finance Director's discretion, may have his or her credit card privileges revoked. 6. Each credit card issued in the name of the City of Tustin must be kept in a safe place and released for use only under the authority of the Finance Director. Credit cards are the property of the City and shall be returned to the employee's supervisor upon demand or upon termination of employment with the City, whichever occurs first. 7. Before being issued a credit card, employees must complete and sign the acknowledgement form stating that they understand and will comply with the City's credit card policy. 8. Examples of allowable uses of credit cards include, but are not limited to: i. Conferences/training/seminars (registration, airline/car rental, hotel accommodations, meals and fuel). Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 8 Business lunch with representatives from other government agencies or consultants under contract to the City, furnishing lunch for interview panels and/or evaluation review boards. iii. Publications/manuals. iv. Providing meals, equipment and materials to work crews in cases of emergency. v. Should the credit card be used to purchase supplies, materials or services, the purchase must be made in a manner consistent with Section 1624c, 1624d, and 1624e. 1625 EXCEPTIONS TO PURCHASING PROCEDURE a. Emergency Purchases. The emergency procedure applies to purchases made necessary from an emergency situation that poses an immediate threat to public health, welfare or safety as determined by the Purchasing Manager. 1. An emergency situation is defined as follows: i. A public disaster; ii. An immediate need to prepare for national or local defense; or iii. A breakdown of machinery or an essential service immediately affecting public health, safety, or welfare of the public or of City staff. 2. The Purchasing Manager, a Purchasing Agent, or any Purchasing Delegate may purchase supplies, equipment, or services directly subject to parameters set forth in City Council resolution(s) or administrative guidelines. The Purchasing Agent or Purchasing Delegate will submit a report of the circumstances of the emergency and a summary of the emergency purchases to the Purchasing Manager. The report shall be filed with the City Council. b. Bidding: Exceptions. 1. Purchases of supplies and equipment and contracts for Public Projects, except Public Works Contracts, shall be by bidding procedures pursuant to the provisions of Section 1624 and as described in sections 1626 and 1627 of this Part; 2. Purchase amount is less than thirty thousand ($30,000), including surcharge, sales tax, and shipping; 3. Professional service contracts shall follow the provisions of Section 1626; 4. Bidding shall be dispensed with upon authorization of the Purchasing Manager or the Finance Director on a prescribed form and retained with the applicable contract and purchase order: i. Where bidding would be impossible or impractical; ii. Where the commodity or service can be obtained from a sole source vendor. When procuring through a sole source vendor, the vendor's qualification and justification for sole source must be documented and supported in order to dispense with bidding requirements; iii. Where the price of the commodity or service is controlled by law such that bidding would be unlikely to result in any cost savings; or Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 9 iv. For Public Works Contracts that are subject to the provisions of the California Public Contract Code, in which case the Contract(s) shall be procured in conformity with the Public Contract Code. 5. For the purposes of this section: i. "Impossible" shall mean impossibility or extreme and unreasonable difficulty or expense; and ii. "Impractical" shall mean incapable of being performed by the bid procedure. C. Other Exceptions. When in the opinion of the Purchasing Manager or Purchasing Agent supplies, materials or equipment can be more efficiently or more cheaply obtained if acquired on behalf of the City by the State Department of General Services or through the County of Orange Cooperative Purchasing Program, or other government purchasing program, the Purchasing Manager or Purchasing Agent may proceed with the purchase after following contract approval requirements provided in Section 1623b. Acquisition of any such supplies, materials or equipment by the State Department of General Services or through the County of Orange Cooperative Purchasing Program or other government purchasing program may be authorized by resolution of the City Council. 1626 PROFESSIONAL SERVICES a. Professional service providers should be evaluated through a qualification -based selection process. Therefore, professional service contracts do not readily fall within the cost -based competitive bidding process. Selection of professional service contracts must follow the guidelines in Sections 1626b and 1626c. b. Guidelines for Selection. The Purchasing Manager, Purchasing Agent or Purchasing Delegate primarily responsible for the project for which professional services are required shall develop a detailed scope of work and select firms or individuals based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required, and may include such factors as: 1. Overall professional experience, reliability, and continuity of the firm as related to the tasks described in the scope of work; 2. Professional experience of the firm in successfully executing services of a similar nature; 3. Adequacy of personnel numbers within specific disciplines required to complete the work required by the scope of work; 4. Experience and training of key personnel as related to the tasks described in the scope of work; 5. Adequacy of number of principal(s) which are intended to be assigned to performance of the contract; 6. Knowledge of applicable regulations and technology associated with the services; 7. Quality and timeliness of recently completed or nearly completed projects which were similar to the work described in the scope of work; 8. Specialized qualifications for the services to be performed. Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 10 Such factors shall be weighed by the Purchasing Manager, Purchasing Agent or Purchasing Delegate and by the City department primarily responsible for the project according to the nature of the services, the needs of the City and the complexity and special requirements of the specific services that will be provided. c. Quotes and Proposals: 1. Contracts with an estimated value of up to and including sixty-five thousand dollars ($65,000) may be entered after obtaining one quote. 2. For contracts with an estimated value of more than sixty-five thousand dollars ($65,000), the responsible department should request a written proposal from no less than three available and qualified consultants. Where three consultants cannot be found, the responsible department may select from less than three available and qualified consultants. Selections based on fewer than three consultants must be documented on a prescribed form, approved by the Purchasing Manager or Purchasing Agent, and retained with the applicable contract and purchase order. 3. A formal RFP is not required for professional service contracts. However, if a formal RFP is used, the Purchasing Manager, Purchasing Agent or Purchasing Delegate shall abide by the following procedures: A Request for Proposal solicitation document shall be issued to potential individuals or firms. The solicitation document shall discuss the following: i. Scope of work or specification desired. ii. List any required qualifications. iii. List the evaluation criteria. iv. The deadline for submission of the response by the vendor. V. Only criteria disclosed in the solicitations may be used to evaluate the responsive proposals. The solicitation document shall be made available to a minimum of three (3) qualified firms or individuals and shall be made available for no less than fourteen (14) calendar days. d. Evaluation of quotes and proposals received will be conducted by either a knowledgeable individual or a review team. The evaluation factors and the final decision must be documented on a prescribed form, approved by the Purchasing Manager or Purchasing Agent, and retained with the applicable contract and purchase order. 1627 INFORMAL BIDDING PROCEDURE FOR PUBLIC PROJECT CONTRACTS a. Informal Bidding Procedures. The following shall govern purchases of supplies, services, equipment and the selection of contractors when a Public Project is anticipated to fall within the monetary limits on informal bids described in applicable laws and regulations, including, but not limited to, the limitations established pursuant to California Public Contract Code Section 22032, as the same may be adjusted from time to time: Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 11 1. The City shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids and describes how to obtain more detailed information about the project. 2. The City shall mail the notice to all contractors for the category of the work to be bid, as shown on the list of contractors developed and maintained by the Department of Public Works in accordance with criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission ("Commission"). 3. The City may also mail the notice to all construction trade journals specified by the Commission for the County of Orange. Additional contractors and/or construction trade journals may also be notified at the discretion of the purchasing agent; provided, however, (1) if the City has not prepared a list of qualified contractors 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; and (2) if the product or service is proprietary in nature such that it can be legally obtained only from a certain contractor(s), the notice inviting informal bids may be sent exclusively to such contractor(s). 4. All mailings of notices to contractors and construction trade journals pursuant to this section shall be completed not less than ten (10) calendar days before bids are due. b. Bid Selection. 1. Except as otherwise provided herein, purchases of supplies, services, equipment, and Public Projects shall be awarded to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be determined by the Purchasing Manager, Purchasing Agent or Purchasing Delegate authorized to conduct the procurement. 2. Exceptions: Purchases of supplies, services, equipment and Public Projects (other than Public Works Contracts and contracts for Public Projects) may be awarded to a bidder other than the lowest responsible bidder only upon a written finding, approved by the Purchasing Manager or Purchasing Agent, or for contracts over $200,000 by the City Council, and supported with written documentation setting forth the reasons that greater overall value to the City will be achieved by awarding to the other bidder. Alternatively, the Purchasing Manager, Purchasing Agent or Purchasing Delegate may reject all bids and either halt the procurement or conduct the procurement again. Awards of Public Works Contracts and contracts for Public Projects shall be made in accordance with State law. 1628 FORMAL BIDDING PROCEDURE FOR PUBLIC PROJECT CONTRACTS a. Bid Solicitation Procedures. 1. The City Council shall approve plans and specifications for all Public Projects and Public Works Contracts which are required per applicable laws and regulations. 2. The Purchasing Manager, Purchasing Agent or Purchasing Delegate shall prepare and provide for advertisement a notice inviting formal bids, stating the time and Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 12 place for the receiving and opening of sealed bids and distinctly describing the public project, commodity, or class of commodities. The Purchasing Manager, Purchasing Agent or Purchasing Delegate shall publish each and every notice inviting bids in accordance with the following requirements: i. The notice shall be published in accordance with the requirements of California Public Contracts Code Section 20164, as that section may be modified. ii. Contracts for services for the painting, maintenance or repair of public buildings and works specifically governed by Government Code Sections 37901 and 37902 shall be subject to the solicited bid process in accordance with applicable laws. iii. The purchasing agent shall, in addition, solicit bids from prospective bidders for the class of commodities being purchased or sold as listed on the bidders list, by sending them copies of the notice or such other notice as will acquaint them with the proposed purchase or sale. All pending purchases or sales shall also, in all cases, be advertised by posting a copy of the contract bid form on the City's website. iv. In addition to notice required by this section, the Purchasing Manager, Purchasing Agent or Purchasing Delegate may give such other notice as he or she deems proper. 3. All bids shall be presented under sealed cover. One (1) of the following forms of bidder's security is also required: i. Cashier's check made payable to the City; ii. A certified check made payable to the City; or iii. A bidder's bond executed by an admitted surety insurer, made payable to the City. 4. The security shall be in an amount equal to at least ten (10) percent of the amount bid. A bid shall not be considered unless one (1) of the forms of responsible bidder's security is received by the City. If the bidder to whom the contract is awarded shall for ten (10) days after the award fail or neglect to enter into the contract and file the required securities, the City shall deposit in its treasury the bid security if the security is in the form of cash or its equivalent. 5. Provisions shall be included in any invitation for bid and in any contract documents for the furnishing of securities and/or the withholding of retentions earned to ensure performance under a contract in an amount and type as determined by the Director of Public Works, consistent with State law. Provisions shall be included in any invitation for bid and in any contract documents for insurance coverage in an amount, type and term as may be specified by the City. 6. When required by State law, the contractor shall not pay less than the general prevailing rates of wages, as determined by the Director of the Department of Industrial Relations, to all workers employed on a Public Project or Public Works Contract. b. Formal Bid Opening Procedure. Bids shall be submitted to the City through the City's online bidding system. Submittals are only accepted electronically through this platform and automatically time stamped. Late submittals will not be accepted Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 13 through the system or in person. The Purchasing Manager, or his or her designee, shall make the bid results available for public inspection as soon as possible within the online bidding system. Bid results shall remain publicly accessible for a period of one (1) year after bid opening c. Rejection of Formal Bids. In its discretion, the City Council may reject any and all bids presented if the Purchasing Manager, prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing the bidder of the City's intention to reject the bid at least two (2) business days prior to the meeting at which the City Council intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the City Council may: (a) abandon the project; (b) re -advertise for bids in the manner prescribed by this chapter; or (c) perform the work with City employees, after passing a resolution by a four -fifths vote of the City Council declaring that the project can be performed more economically by City employees. d. Award of Formal Bid Contracts. All Public Works Contracts with a value exceeding the limitations established pursuant to California Public Contract Code Section 22032, as the same may be adjusted from time to time, shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's authority to approve such increases shall be in the amount of ten thousand dollars ($10,000.00) or ten (10) percent, whichever is greater, or an amount specifically designated by the City Council for the particular project. If a contract is awarded, it shall be awarded by the City Council to the lowest responsible bidder that submits a responsive bid. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Purchasing Manager, Purchasing Agent or Purchasing Delegate at the time of award of the contract. In determining the lowest responsible bidder, the following shall be considered by the City Council, in addition to the price: 1. The ability, capacity and skill of the bidder to perform the contract or provide the services required; 2. Whether the bidder can perform the contract or provide the services promptly, or within the time specified, without delay or interference; 3. The sufficiency of the bidder's financial resources to perform the contract or provide the service; 4. The ability of the bidder to provide future maintenance and services where such maintenance and service is essential; 5. The quality and timeliness of the bidder's performance on previous contracts for the City; 6. Litigation by the bidder on previous contracts with the City; 7. The character, integrity, reputation, judgment, experience and efficiency of the bidder; Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 14 8. The bidder is licensed under the Contractors' State License Law (commencing with Section 7000 of the Business and Professions Code of the State of California, as the same may be amended from time to time) to perform the work for which it submitted a bid proposal. e. Tie Formal Bids. If two (2) or more formal bids received are for the same total amount or unit price, quality and service being equal, the City Council may, at its discretion, accept the one (1) it chooses or accept the lowest bid made by and after negotiation with the tie bidders. f. No Formal Bids. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the City by force account or through a negotiated contract without further complying with this section. Nothing contained in this section is intended to be in conflict with applicable state law including Sections 37901 and 37902, and Sections 37931 through 37935, of the Government Code of the State of California. 1629 INSPECTION OF MATERIALS, EQUIPMENT, ETC. a. The receiving departments shall inspect deliveries of supplies, materials and equipment or the furnishing of contractual services to ensure their conformance with the specifications set forth in the purchase order or contract. b. Any department which has the necessary facilities and staff for adequate inspection may be authorized and directed by the City Council, on the recommendation of the Purchasing Manager, Purchasing Agent or Purchasing Delegate, to inspect deliveries made to other departments. c. The Purchasing Manager, Purchasing Agent or Purchasing Delegate shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries to the extent necessary to determine their quality and conformance with the specifications. For such tests, the Purchasing Manager, Purchasing Agent or Purchasing Delegate shall have the authority to make use of the laboratory facilities of any department or to engage the services of any outside laboratory. d. In accordance with section 1624c3, the person who documents the receipt of the supplies, materials and equipment purchased must not be the same individual who authorized the purchase. 1630 DISPOSITION OF PROPERTY a. Surplus or Obsolete Commodities. 1. All departments shall submit to the Purchasing Manager at such times and in such form as he or she shall prescribe, reports showing stocks of all supplies, materials and equipment which are no longer used or which have become obsolete, worn out or scrapped. The Purchasing Manager shall have authority to transfer any such Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 15 commodities which are usable to another or other departments in the same or similar articles. 2. The Purchasing Manager shall make a written estimate of the value of any surplus items not usable by any City department or not required for public use. The Purchasing Manager shall have the authority to sell all such supplies, materials and equipment which cannot be used by any department or which have been found by the City Council not to be required for public use or to exchange or trade in such articles in part or full payment for new supplies, materials or equipment of a similar nature. Any such sale, exchange or trade-in shall be made in accordance with Section 1626 or Section 1627, whichever is applicable. The Purchasing Manager shall report in detail, including the amount of revenue received upon any such sale, to the City Council within forty-five (45) days thereafter. b. Unclaimed Property in Possession of Police Department. 1. Unclaimed Property Defined. "Unclaimed property" is all personal property, the title of which is not vested in the City of Tustin, which property has come into the possession of the City of Tustin as lost property, property which has been confiscated or impounded by the City as being in violation of law or any other personal property coming into possession of the City of Tustin which is not specifically provided for by any other provision of law. 2. Procedure. i. If the estimated value of the unclaimed property exceeds ten dollars ($10.00) the Police Department or the administrative official who obtained possession of the property shall, within ten (10) days of receipt of the property, notify the owner, if his identity is reasonably ascertainable, that it possesses the property, and where it may be obtained. The Police Department or the administrative official may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. ii. If the owner appears within ninety (90) days of the notification given in subparagraph a. above, proves his ownership of the property, and pays all reasonable charges, the Police Department or the administrative official shall restore the property to him. iii. After retention of the property for four (4) months, the property may be: a) Sold at public auction to the highest bidder; b) Retained by the City of Tustin if it is determined that the property is needed for a public use, and after public notice has been made of the City's intention to retain the property; or c) Where the property is a bicycle or toy in the possession of the Police Department, the property may, at the discretion of the Chief of Police, be given to the Welfare Department of the County, or to any charitable or nonprofit organization authorized under its Articles of Incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, for use in any program or activity designed to prevent juvenile delinquency. 3. Public Sale or Retention of Property. Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 16 i. When it is determined that unclaimed property, valued at fifty dollars ($50.00) or more, shall be retained or shall be sold at public auction, the Police Department or the administrative official, shall cause notice of such sale or retention to be published at least five (5) days before the time fixed therefore once in a newspaper of general circulation published in the county in which such property was found or confiscated, or otherwise in Orange County. ii. Such notice shall contain the time and the place of the sale. iii. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the City. iv. Any revenue received from the disposition of public property shall be deposited and recorded in the appropriate City fund and general ledger account by the Finance Director in accordance with the approved budget. 1631 COUNCIL AUTHORITY TO WAIVE OR MODIFY REQUIREMENTS The City Council may waive or modify any requirement in this Part, or approve any contract procured without compliance with this Part, when the City Council determines that it is in the City's best interest to do so. Except as otherwise approved by the City Council, all purchases, regardless of dollar value, must follow this ordinance with regards to use of purchase orders and bids or quotes. SECTION II: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. SECTION III: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 1 st day of October, 2024. Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Ordinance No. 1552 Page 17 AUSTIN LUMBARD MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK APPROVED AS TO FORM: DocuSigned by: —31,,: y - DAVI .31( EF-3P4D6&; CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1552 Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1552 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 1st day of October, 2024, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 1st day of October, 2024, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Yasuda, City Clerk