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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