HomeMy WebLinkAboutOrdinance 608 - Chapter 3.08 Piggyback PurchasingAN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
REPEALING AND THEN REPLACING SECTION 3.08.70 (BIDDING) OF
CHAPTER 3.08 (PURCHASE AND SALE OF SUPPLIES AND EQUIPMENT) OF TITLE 3
(REVENUE AND FINANCE) OF THE MORRO BAY MUNICIPAL CODE, TO PROVIDE
FOR BIDDING PROCEDURES FOR PURCHASE OF SUPPLIES, EQUIPMENT,
MATERIALS AND PUBLIC WORKS PROJECTS, WHILE ALSO PROVIDING FOR
COOPERATIVE PURCHASING PROCEDURES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, California Government Code sections 54202 and 54203 require and
authorize California cities to adopt, by ordinance, policies and procedures governing the
purchase of supplies and equipment by a city; and
WHEREAS, the City of Morro Bay has adopted Chapter 3.08 (Purchase and Sale of
Supplies and Equipment) of Tile 3 (Revenue and Finance), to establish efficient procedures
for the purchase of supplies and equipment, to secure for the city supplies and equipment at
the lowest possible cost commensurate with quality needed, to exercise positive financial
control over purchases, to clearly define authority for the purchasing function and to assure
the quality of purchases; and
WHEREAS, Morro Bay Municipal Code ("MBMC")section 3.08.70 (Bidding) provides
that the purchase of supplies, equipment, materials, and public works projects shall be by
bid procedures pursuant to MBMC sections 3.08.100 and 3,08.110, unless one of the listed
exceptions apply; and
WHEREAS, the list of exceptions in MBMC section 3.08.70 does not provide for
cooperative purchasing, meaning participation in a pool of government agencies that
competitively bid for supplies and equipment, or the use of a winning bid or proposal (i.e.,
"piggybacking") from another agency's competitive process; and
WHEREAS, cooperative purchasing can result in significant cost savings to the City
by increasing the efficiency and flexibility of the City's purchasing process, allowing the City
to benefit from the financial advantages of pooled purchasing agreements, provide the City
with more leverage in its purchasing power, and reduce City staff time involved in making
purchases; and
WHEREAS, the City Council finds specifying cooperative purchasing as an
exception to bidding .procedure requirements for the purchase of supplies, equipment,
materials, or public works projects would substantially benefit the City, and thus the City
Council desires to amend the MBMC to provide for cooperative purchasing;
01181.0001/308890.2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Morro Bay Municipal Code Section 3.08.70 is hereby repealed in its
entirety, to be replaced in its entirety as follows:
"3.08.070 —Bidding.
A. Except as otherwise provided in subsection B of this section, by this Chapter,
or pursuant to applicable law, the purchase of supplies, equipment, materials and public
works projects, shall be by bid procedures pursuant to Sections 3.08.100 and 3.08.110.
B. Bidding or open market procedure may be dispensed with only when:
1. An emergency requires that an order be placed with the nearest
available source of supply;
2. The amount involved is less than five hundred dollars;
3. The commodity can be obtained from only one vendor; or
4. Competitive bidding or proposal procedures, substantially similar to
the competitive bidding or proposal procedures in this Code, have already been
utilized either by a federal, state, county, city or special district government agency,
or by a legitimate cooperative purchasing agency; and, that the supplies, equipment,
materials or public works project provided to the City are at the same or better price,
terms and conditions, as was obtained through such prior competitive bidding or
proposal procedures."
SECTION 2. If any section, subsection, sentence, clause, phrase, 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 of the City of Morro Bay hereby declares that it
would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 3. This Ordinance shall be effective thirty (30) days after its second
reading and adoption.
SECTION 4. The City Clerk shall attest to the passage and adoption of this
Ordinance by the City Council of the City of Morro Bay and shall cause a copy of the same
to be published and posted in the manner prescribed by law.
01181.0001/308890.2
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the
13th day of September, 2016, by motion of Mayor Irons and seconded by Councilmember
Headding.
PASSED AND ADOPTED this 27th day of September 2016.
AYES:
NOES:
ABSENT:
ABSTAI N
Irons, Headding, Johnson, Smukler
None
Makowetski
None
E L. IRONS, Mayor
ATTEST:
VON,'O�City
0ANA SWANClerk
APPROVED AS TO FORM:
E�H W` PANNONE, City Attorney
I, Dana Swanson, City Clerk for the City of Morro Bay, hereby certify that the
foregoing ordinance was duly and regularly introduced at a meeting of the City Council on
the 13th day of September, 2016, and hereafter the said ordinance was duly and regularly
adopted at a meeting of the City Council on the 27th day of September, 2016, by the
following vote, to wit:
AYES: Irons, Headding, Johnson, Smukler
NOES: None
ABSENT: Makowetski
ABSTAIN: None
IN WITNESS WHEREOF I have hereunto set m hand and affixed the official seal of
the City of Morro Bay, California, this 2F� day of , 2016.
Gt/hs 0
ity Clerk of the City of Morro Bay
01181.0001/308890.2