HomeMy WebLinkAbout96-22 CC Ordinance' ORDINANCE NO. 96 -22
AN ORDINANCE OF THE CITY COUNCIL ADDING SECTIONS 3.28.245
AND 3.28.305 TO AND AMENDING SECTIONS 3.28.140, 3.28.150, 3.28.290
AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE RELATING TO
THE SOLICITATION OF PROPOSALS FOR THE PURCHASE OF
SUPPLIES AND EQUIPMENT AND THE AWARD THEREOF ON THE
BASIS OF HIGHEST QUALITY AND COST EFFECTIVENESS, REVISING
ADVERTISING REQUIREMENTS, AND ESTABLISHING THE CITY
MANAGER'S AUTHORITY TO APPROVE PURCHASE, SERVICE AND
CONSTRUCTION CONTRACTS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 3.28.245 is hereby added to the Temecula Municipal Code to read as
follows:
"3.38.245 Requests for Proposals for the Purchase of Supplies and Equipment
In recognition of the complex and technical nature of supplies and equipment the City
' requires and the wide variations in options and cost factors affecting the purchase of
supplies and equipment, the City may, as an alternative to the formal bidding requirements
of this Chapter, solicit proposals for the purchase of supplies and equipment and award the
purchase to the proposal which best serves the needs of the City and provides the City with
the highest quality and cost effectiveness based on the following factors (which are listed
without any implication of priority):
A. The extent to which the proposal meets the needs of the City for the equipment or
supplies;
B. The quality of the equipment or supplies proposed;
C. The overall cost to the City of the proposal, including, but not limited to, pricing
of the equipment or supplies, delivery schedule, terms of payment, warranties,
maintenance requirements, and required site preparation;
D. The experience and qualifications of vendor submitting a proposal to successfully
meet the requirements for the equipment or supplies;
E. Previous performance of the vendor submitting a proposal in providing similar
equipment or supplies;
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F. Financial ability of the vendor submitting the proposal to provide the equipment
or supplies to the City;
G. Vendor's conformity to the specifications for the equipment or supplies set forth
in the request for proposal; and
H. Such similar factors as may be specifically included in the request for proposal.
Section 2. Section 3.28.140 of the Temecula Municipal Code is hereby amended to read
as follows:
"3.28.140. Notice Inviting Formal Bids or Requests for Proposals
"Notices inviting formal bids or requests for proposals for the purchase of supplies or
equipment shall include a general description of the supplies or equipment to be purchased,
shall state where the bid documents and specifications or requests for proposals may be
obtained, and the time and place for the opening of the bids or proposals."
Section 3. Section 3.28.150 of the Temecula Municipal Code is hereby amended to read
as follows:
"3.28.150. Published Notice for Formal Bids or Requests for Proposals
"Notices inviting formal bids or requests for proposals shall be published one time at least
ten days prior to the date of opening of the bids or proposals in a newspaper of general
circulation within the City. The City Manager may waive the publication requirements
of this Section if he or she finds that requirements for publication would not likely increase
the number or quality of bidders or proposers beyond those on the approved vendor list."
Section 4. Section 3.28.290 of the Temecula Municipal Code is hereby amended to read
as follows:
"3.28.290 Exception to competitive bidding requirement.
"Notwithstanding any provision of this chapter to the contrary, the formal bidding
procedures and requirements shall not be required in any of the following instances:
A. When the estimated amount involved is less than two thousand five hundred
dollars ($2,500);
B. When the equipment or supplies can be obtained from only one vendor;
' C. The City Manager may authorize the purchase of materials, supplies,
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equipment and services where and emergency is deemed to exist and it is
determined that service involving the public health, safety or welfare would
be interrupted if the normal procedures were followed, provided that all
emergency purchases which would otherwise require formal bidding
procedures made pursuant to this section shall be submitted to the City
Council for ratification at the next regular council meeting after the
purchase is authorized;
D. Contracts for personal, professional and consultant, and maintenance
services;
E. Any agreement involving acquisition of supplies, equipment or services
entered into with another governmental entity."
Section 5. Section 3.28.305 is hereby added to the Temecula Municipal Code to read as
follows:
"Section 3.28.305 Authority of City Manager to Enter Into Contracts
"The City Manager is authorized to enter into contracts for the purchase of supplies or
equipment or contracts for personal, professional, consultant, and maintenance services
where the amount of such contract does not exceed ten thousand dollars, or such other
amount as the Council may designate by resolution; provided, there exists an
unencumbered appropriation in the fund account against which the expense is to be
charged. Where the amount of any such contract exceeds ten thousand dollars, or such
other amount as the Council may designate by resolution, the contract shall be approved
by the City Council."
Section 6. Section 3.32.050 of the Temecula Municipal Code is hereby amended to read
as follows:
"Section 3.32.050 Delegation of Authority to Award Informal Contracts
"The City Manager is authorized to award bids and enter into informal construction
contracts pursuant to this Chapter where the amount of such contract does not exceed
twenty five thousand dollars ($25,000.00), or such other amount as the Council may
designate by resolution; provided, there exists an unencumbered appropriation in the fund
account against which the expense is to be charged. Where the amount of any such
contract exceeds twenty five thousand dollars ($25,000.00), or such other amount as the
Council may designate by resolution, the contract shall be approved by the City Council."
Section 7. The City Council hereby declares that the provisions of this Ordinance are
' severable and if for any reason a court of competent jurisdiction shall hold any sentence,
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paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity
of the remaining parts of this Ordinance.
Section 8. The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published in the manner required by law.
PASSED AND APPROVED this 10th day of December, 1996.
Karel F. Lindemans
Mayor
ATTEST:
Juke S ,2,6reek, CMC
City Clerk
' [SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, JUNE S. GREEK, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 96 -22 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 26th day of November, 1996. That thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 10th day of
December, 1996, by the following vote, to wit:
AYES: 3 COUNCILMEMBERS: Ford, Stone, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Birdsall, Roberts
June S. Greek, CMC
' City Clerk
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