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HomeMy WebLinkAboutOrd. 1557-2018 (18-573)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1557 -2018 File Number: 18 -573 Enactment Number: ORD 1557 -2018 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AMENDING SECTION 4.04.080 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, PERTAINING TO OPEN MARKET PROCEDURES. WHEREAS, the federal Office of Management and Budget (OMB) issued Title 2 U.S. Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) in December 2013; and WHEREAS, the Uniform Guidance applies to, among other organizations, state and local governments that receive federal grant awards or funding increments to existing awards made on or after December 26, 2014; and WHEREAS, OMB has set the implementation deadline for the Uniform Guidance to be three years from the effective date of the Uniform Guidance; and WHEREAS, in the case of the City of South San Francisco ( "City "), the Uniform Guidance must be implemented by June 30, 2018 with regards to federally funded procurements; and WHEREAS, the City retained consultants to make certain observations and recommendations on implementing the Uniform Guidance; and WHEREAS, based on the observations and recommendations received, City staff recommends that the City Council amend the City's Municipal Code to require the City follow open market procedures for federally funded procurements over the micro - purchase threshold, which is currently set at $3,000, but is subject to periodic adjustment for inflation. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. Findings The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2. Amendments City of South San Francisco Page 1 File Number. 18 -573 Enactment Number: ORD 1557 -2018 Chapter 4.04 of Title 4, "Revenue and Finance" of the South San Francisco Municipal Code is hereby amended to read as follows: Chapter 4.04 4.04.080 Open market procedures for purchases and sales exclusive of public projects. (a) Purchases of supplies, services, equipment and the sale of personal property that do not fall under Section 4.04.070 or 4.04.073, and do not utilize federal grants, awards or funds, shall be by the open market procedures described in this section when the estimated value, exclusive of sales tax and freight, exceeds ten thousand dollars. When the purchase of supplies, services, equipment and the sale of personal property that do not fall under Section 4.04.070 or 4.04.073, but utilize federal grants, awards or funds, such procurements shall be by the open market procedures described in this section when the estimated value, exclusive of sales tax and freight, exceeds the federally established micro - purchase threshold, or when specified by the grant requirements. Open market procedures may be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply or when the commodity can be obtained from only one vendor. (b) The department head shall solicit open market quotes or bids as outlined below by written requests to prospective vendors, by telephone, mail, e-mail, or by public notice posted on a public bulletin board in the City Hall, or posted on the city's website. At least three quotes shall be obtained from vendors for all items not exceeding twenty -five thousand dollars, and shall be submitted to the department head who shall keep a record of all open market orders for a period of one year after the submission of bids or the placing of orders. Said record, while so kept, shall be open to public inspection. At least three written bids shall be submitted to the department head for items over twenty -five thousand dollars except professional services. Department head shall keep a record of all open market bids for a period of one year after the submission of bids or the placing of orders. Said record, while so kept, shall be open to public inspection. Purchases of professional, personal, or specialized services. When entering into professional services, personal services, or specialized services contract, the skill, ability, and expertise of the entity or person performing the services is a key component of the selection criteria. The selection should therefore be on the basis of demonstrated competence, overall value to the city, and on the professional qualifications necessary for the satisfactory performance of the services required. Cost is only one factor in determining the selection. In these cases, the department head shall solicit requests for proposals or requests for quotations to prospective vendors either by mail, by telephone, by e -mail, or by public notice posted on a public bulletin board in the City Hall, or posted on the city's website. Proposals or quotations shall be submitted to the department head who shall keep a record of all open City of South San Francisco Page 2 File Number: 18 -573 Enactment Number: ORD 1557 -2018 market orders for a period of one year. Said record, while so kept, shall be open to public inspection. SECTION 3. Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 4. Publication and Effective Date Pursuant to the provisions of Government Code section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 20th day of June, 2018. At a meeting of the City Council on 6/27/2018, a motion was made by Mark Addiego, seconded by Pradeep Gupta, that this Ordinance be approved. The motion passed. Yes: 4 Mayor Normandy, Mayor Pro Tern Matsumoto, Councilmember Gupta, and Councilmember Addiego Absent: 1 Councilmember Garbarino Attest rlWk%300�370.w Liza Normandy, Mayor Y City of South San Francisco Page 3