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HomeMy WebLinkAbout4191 OrdinanceORDINANCE NO. 4411 AN ORDINANCE of the City of Pasco, Washington, establishing a new Chapter 3.85 "Purchasing" of the Pasco Municipal Code; repealing Section 14.11.020 "Purchase of materials, supplies or equipment not connected to a public works project under thirty-five thousand dollars ($35,000.00)"; amending Section 2.46.080 "Authority to Sell Personal Property"; and amending Chapter 2.56 "Selection of Architectural and Engineering Consultants." WHEREAS, the Washington State law (RCW 39.04.190) authorizes the City Council to establish purchasing procedures and authorization for materials, supplies or equipment not connected to a public works project; and WHEREAS, in order to provide clearer direction to City staff for the authority and procedures for purchases of materials, supplies or equipment for the establishment of a vendor list for purchases in excess of $35,000; and WHEREAS, PMC 14.11.020, addressing the purchase and procedure for non-public work projects is more appropriate for inclusion within the new Chapter 3.85 "Purchasing" and should be repealed to provide for such consistency; and WHEREAS, the City Council deems it advisable to amend Section 2.46.080 regarding the limits for administrative decision on the disposal of surplus personal property, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That a new Chapter 3.85 entitled "Purchasing" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: Chapter 3.85 PURCHASING Sections: 3.85.010 Purchase of Materials, Supplies or Equipment in an Amount of $35,000 or Less, Not Connected to a Public Works Project. 3.85.020 Purchase of Materials, Supplies or Equipment in an Amount Between $35,000 and $50,000, Not Connected to a Public Works Project. 3.85.030 Purchase of Services. 3.85.010 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT IN AN AMOUNT OF LESS THAN 535,000, NOT CONNECTED TO A PUBLIC WORKS PROJECT. The City Manager is authorized to make purchases of any materials, supplies or equipment, not connected to a public works project as authorized in the City's annual budget with sufficient funds available, where the cost will be less than $35,000 for such items, using such procedures as will best assure the lowest practical price for such items. 3.85.020 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT IN AN AMOUNT BETWEEN $35,000 AND $100,000, NOT CONNECTED TO A PUBLIC WORKS PROJECT. For the purchase of any materials, supplies or equipment in an amount between $35,000 and $100,000, not connected to a public works project, which purchase is included in the City's current annual budget and sufficient funds available, in lieu of informal or formal sealed bidding procedures, the City may use the following process: A) Publication of Notice. At least twice a year, the City shall cause to be published, in the City's official newspaper, notice of the existence of roster(s) of vendors for materials, supplies and equipment, and shall solicit names of vendors for the roster. The City may contract with Municipal Research and Services Center of Washington (MRSC rosters) to publish such notices on the City's behalf. B) Electronic Rosters. In addition to paper and/or electronic vendor lists kept on file in the appropriate City department, the City may also use the statewide electronic database as developed and maintained for that purpose, including that database maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington (MRSC rosters). C) Telephone Quotations. The City shall use the following process to obtain telephone quotations from vendors for the purchase of materials, supplies, or equipment: 1) A written description shall be drafted of the specific materials, supplies, or equipment to be purchased, including the number, quantity, quality, and type desired, the proposed delivery date, and any other significant terms of purchase; 2) The responsible City staff member shall make a good faith effort to contact at least three of the vendors on the roster to obtain telephone solicitation quotations from the vendors for the required materials, supplies, or equipment. All telephone quotations will be confirmed electronically to assure accuracy in the process; 3) The responsible City staff member shall not share telephone quotations from any vendor with other vendors solicited for the bid on the materials, supplies, or equipment; a. A written record shall be made by the City representative of each vendor's bid on the materials, supplies, or equipment, and of any conditions imposed on the bid by such vendor. D) Determining the Lowest Responsible Bidder. The City Manager shall purchase the materials, supplies or equipment from the lowest responsible bidder; provided that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the City may call for new bids. In addition to the price, the City may consider the following factors in determining the lowest responsible bidder: 1) The integrity, reputation, experience, ability and capacity of the bidder; 2) The quality of the articles to be supplied by the bidder; 3) Preference to Washington products and vendors as permitted by law; 4) Conformity with City standards and compatibility with existing facilities; 5) The quality and efficiency of performance of previous contracts; 6) Timing and availability of delivery; and 7) Such other information that may assist in the decision to award the contract. Purchasing Ordinance Page 2 E) Award. The responsible City staff member shall submit to the City Manager all telephone quotations and recommendations for award of the contract to the lowest responsible bidder. The City Manager shall review the quotation and recommendations by City staff and award the contract to the lowest responsible bidder. A written record of each vendor's quotations shall be made open to public inspection or telephone inquiry after the award of the contract. Any contract awarded under this subsection need not be advertised. 3.85.030 PURCHASE OF SERVICES A) Architectural, engineering, surveying or landscape architectural services shall be procured under the provisions of PMC 2.56. B) The procurement of other professional services, excluding those listed in sub section (A) shall be at the discretion of the City Manager and may or may not require advertising and a formal selection process, depending on the type and availability of such services. C) The City Manager is authorized to procure services for purposes as authorized in the City's annual budget with sufficient funds available, when the cost will be less than $35,000 for such services, using such procedures as required in this section, as applicable, or as will best assure the lowest practical price for such services. Section 2. That Chapter 14.11.020 entitled "Purchase of materials, supplies or equipment not connected to a public works project under thirty-five thousand dollars ($35,000.00)" of the Pasco Municipal Code shall be and hereby is repealed. Section 3. That Section 2.46.080 is hereby amended to read as follows: 2.46.080 AUTHORITY TO SELL PERSONAL PROPERTY. The supplies, materials, and equipment not needed for public use may be disposed of by the City pursuant to this section. A) Personal property with an estimated value, per item, of less than $10,000 may be declared surplus by the City Manager and disposed of in a manner determined by the Manager to be most advantageous to the City, pursuant to Section 2.46.090. B) Personal property valued in excess of $10,000, per item, may be declared surplus and disposed of with authorization from the City Council, including minimum sale price, if any, and the manner of disposal. D) Personal property may be traded as consideration in the acquisition of replacement personal property when such replacement property is included as an authorized expenditure in the City's current operating budget. Purchasing Ordinance Page 3 E) Salvage/junk metals that have accumulated for purposes of sale as scrap metals may be disposed of by the Department Head having responsibility for such materials, in which case the metals shall be sold to the local dealer(s) offering the best current market price per measured weight or volume determined by telephone survey or other reasonable means. (Ord. 3820, 2007; Ord. 2787 Sec. 1, 1990; Prior code Sec. 2-11.04) Section 4. That Chapter 2.56 is hereby amended to read as follows: Sections: 2.56.010 Notice of City's Requirements for Architectural and Engineering Services 2.56.020 Contracts over Thirty -Five Thousand Dollars 2.56.030 Director's Recommendation to City Manager 2.56.040 Recommendation to City Council 2.56.050 Contracts Under Thirty -Five Thousand Dollars 2.56.010 NOTICE OF CITY'S REQUIREMENTS FOR ARCHITECTURAL AND ENGINEERING SERVICES. Periodically, but not less often than once every two years, the Director of Public Works, the Director of Parks and Recreation, and the Director of Community Development shall give notice of the City's projected requirements for architectural and engineering services to the City Manager who shall convey said notice to the public and to the architectural and engineering professional communities throughout Washington State. Such notice shall encourage firms engaged in the practice of engineering and architecture to submit annually a statement of qualifications and performance data for consideration in selection of consultants to provide services to the City. 2.56.020 CONTRACTS OVER THIRTY-FIVE ($35,000) THOUSAND DOLLARS. In the case of each project to be undertaken by the City which will require architectural or engineering services which are likely to cost in excess of thirty-five ($35,000) thousand dollars, the Director of Public Works, the Director of Parks and Recreation, or the Director of Community Development, as the case may be, after receiving the approval of the City Manager, shall solicit written proposals from a minimum of five firms, which, based upon the statements of qualifications on file with the City and other available information, appear to be the most qualified firms to provide the particular services required. Each written proposal shall include the following: A) Evidence of the firm's current ability to provide the required services; B) A proposed scope of work to be provided; C) A discussion of the relative utility of alternative methods of approach for furnishing the required services; D) A current statement of references and any other information that will be helpful in evaluating the applicants' qualifications for the proposed project. Purchasing Ordinance Page 4 2.56.030 DIRECTOR'S RECOMMENDATION TO CITY MANAGER. After receiving and reviewing the written proposals, the Department Director shall submit his recommendations to the City Manager as to the ranking of the most qualified providers of the required services and as to a fair and reasonable price for said services. The City Manager shall consider the recommendation of the Department Director and the written proposals and if he/she is in agreement with the determination of the most qualified provider of the needed services, may authorize the Department Director to enter into negotiations with the most qualified provider in the effort to secure an offer for provision of the services at a price not exceeding the price determined to be fair and reasonable. 2.56.040 RECOMMENDATION TO CITY COUNCIL. Once an acceptable offer has been obtained, the Department Director through the City Manager shall forward his recommendations regarding the offer to the City Council which may authorize final award of the contract. 2.56.050 CONTRACTS UNDER THIRTY-FIVE ($35,000) THOUSAND DOLLARS. In the case of City projects requiring architectural and/or engineering services which are anticipated to cost less than thirty-five ($35,000) thousand dollars, the Department Director shall solicit proposals from qualified providers of such services and shall determine the most qualified applicant and a fair and reasonable price, and shall attempt to negotiate a contract in accordance with said determination and shall submit the contract to the City Manager for final approval. Section 5. Severability. If any term, condition, or provision of this Chapter shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the franchisee and the City. Purchasing Ordinance Page 5 Section 6. This Ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of December 1, 2014 Matt Watkins, Mayor ATTEST: ,L,6, J 0 Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Purchasing Ordinance Page 6