HomeMy WebLinkAboutOrd. 1604-2020 (20-651)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1604-2020
File Number: 20-651 Enactment Number: ORD 1604-2020
ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 4.04 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE RELATING TO PURCHASING
PROCEDURES TO PERMIT UTILIZATION OF
COOPERATIVE PURCHASING PROCESSES
BETWEEN PUBLIC AGENCIES FOR PUBLIC
WORKS PROJECTS.
WHEREAS, the City of South San Francisco ("City") Municipal Code Chapter 4.04 governs the
City's purchasing processes; and
WHEREAS, Government Code section 6500 et. seq. permits California public agencies and other
public entities nationwide to jointly exercise any power common to them, including their purchasing
powers; and
WHEREAS, Section 4.04.040 of Chapter 4.04 authorizes the City to "piggyback" on governmental
contracts by utilizing contracts and terms that have been negotiated by another governmental agency as
long as that agency has used a quote or bid process that substantially conforms to state law -mandated
procedures and provisions of Chapter 4.04; however, it excludes "public projects" as defined by the
Uniform Public Construction Cost Accounting Act (Public Contract Code section 22000 et seq.) ("the
Act") from being able to piggyback on such contracts; and
WHEREAS, the Act provides for alternative informal bidding procedures for qualifying public
works projects under applicable dollar thresholds set by the Act and as may be adjusted by inflation from
time to time, and the City currently utilizes such alternative bidding procedures; and
WHEREAS, staff recommends that Section 4.04.040 be amended to allow public projects to also
utilize piggybacking if the other governmental contract has been competitively bid out in accordance
with Public Contract Code and Municipal Code requirements; and
WHEREAS, amendment to Section 4.04.040 would permit the City to utilize cooperative purchasing
mechanisms between public agencies, such as the Job Order Contract (JOC) process for repetitive,
recurring public works projects, as long as such process is just as or more competitive than the
procedures required by the Public Contract Code, including all noticing and bidding requirements; and
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File Number. 20-651
Enactment Number: ORD 1604-2020
WHEREAS, to illustrate, staff has currently identified a Sourcewell, a public joint powers authority
(formerly known as the National Joint Powers Alliance (NJPA)), that utilizes a formal competitive
bidding process, consistent with the noticing and bidding procedures required by the Public Contract
Code, to prequalify bidders for recurring and repetitive public works projects; and
WHEREAS, the City is currently a member of Sourcewell and presently utilizes the Sourcewell JOC
process to purchase materials and equipment pursuant to state law authority permitting such exercise of
joint purchasing powers, and would further benefit from reduced pricing and other competitive terms
made possible by large volume regional contracts; and
WHEREAS, amending Section 4.04.040 would permit the City to utilize cooperative purchasing
mechanisms between public agencies, including the Sourcewell JOC process, for recurring, repetitive
public projects while still remaining within the City's adopted rules and procedures for purchasing; and
WHEREAS, based on all of the information presented at the September 9, 2020 City Council
meeting, both written and oral, including without limitation the public comment, staff reports, minutes,
and other relevant materials (hereafter the "Record"), the City Council finds that this ordinance is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the
CEQA Guidelines because the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment, and Section 15060(c)(3) of the CEQA Guidelines because the
proposed ordinance amendment is not a "project" as defined in Section 15378 of the CEQA Guidelines,
because it has no potential for resulting in physical change to the environment, directly or indirectly.
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. Incorporation of Recitals.
The City Council of South San Francisco, finds that all Recitals are true and correct and are incorporated
herein by reference.
SECTION 2. Amendments
Section 4.04.040, "Agreements with Other Governmental Agencies", of Chapter 4.04, "Purchasing
System", is hereby amended as follows. Sections and subsections that are not amended by this
Ordinance are not included below, and shall remain in full force and effect.
Chapter 4.04 Purchasing System
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File Number., 20-651 Enactment Number: ORD 1604-2020
4.04.040 Agreements with other governmental agencies.
(a) The department head may authorize in writing any other governmental agency to purchase or
contract for specified supplies, services and equipment. He or she shall ensure that such purchases or
contracts by other governmental agencies be made in conformance with the procedures established by
state law. This authority includes the authority to act as lead agency when appropriate.
(b) Except for public projects that are subject to formal bid procedures pursuant to this chapter, city
purchases may be made by taking advantage of valid contract terms that have been negotiated by another
governmental agency, if that agency had used a quote or bid process that substantially conforms with the
procedures established by state law and this chapter. In these cases, city staff shall verify and document
such conformance.
SECTION 3. Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,
the remainder of the ordinance and the application of such provision to other persons or circumstances
shall not be affected thereby.
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 9th
day of September 2020.
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File Number. 20-651
Enactment Number: ORD 1604-2020
At a meeting of the City Council on 9/23/2020, a motion was made by Councilmember Nicolas, seconded by
Councilmember Nagales, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
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Attest by Ix
Fag,, Rosa G a Acosta, City Clerk
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Richard Garbarino, Mayor
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