HomeMy WebLinkAboutORD-25-04 Amend Ch 3.08- City's Purchasing SystemORDINANCE NO. 25-
04 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 3.08
OF TITLE 3 OF THE ORANGE MUNICIPAL
CODE RELATING TO THE CITY'S
PURCHASING
SYSTEM.WHEREAS, Chapter 3.08 of the Orange Municipal Code sets forth the City'
s procedures for the purchase of materials, supplies and equipment, professional
services,and the selection of contractors to perform public works projects;
and WHEREAS, the purpose ofthis ordinance is to increase the thresholds for the
use of purchase orders in connection with the procurement of materials, supplies
or equipment, public projects and professional services and, secondly. to amend
the selection procedures for the furnishing of certain professional
services,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:Section 3.08.080 of the Orange Municipal Code is hereby deleted in its
entirety and replaced with the following new Section 3.08,080, to read in full as
follows:3.08.080 General--
Purchase Orders.The procurement of all materials, supplies or equipment,
public projects and professional services of one thousand dollars ($1,000.00)
or more shall be made only by written purchase orders issued by
the Purchasing Officer and any other contractual document deemed
necessary and appropriate by the Purchasing Officer and the City Attorney,
Except as otherwise provided herein, no purchase order shall be issued
unless the prior approval of the Purchasing Officer, or his or
her designated representative, has first been obtained, Supplies,
equipment, public projects and professional services of less than one
thousand dollars 1,000.00) in anyone transaction shall be made using simplified
and cost effective operational procedures and forms approved by
the Purchasing Officer without the use of formal or informal bid procedures and
do not require a written
purchase
SECTION II:
Section 3.08.410 of the Orange Municipal Code is hereby deleted in its entirety and
replaced with the following new Section 3,08.410. to read in full as follows:
3,08.410 Professional Services--Limits and
Approvals,A. Professional services of less than one thousand dollars ($1,000.
00)require the approval of the initiating department head, shall be
processed using operational procedures and forms approved by the
Purchasing Officer and do not require a written purchase
order.B. Professional services of one thousand dollars ($1,000,00) but not
more than two thousand dollars ($2,000,00) require the approval of the
initiating department head and a purchase order issued by the Purchasing Officer
and any other contractual document he or she determines to be necessary
and
appropriate.C, Professional services with a value in excess of two thousand
dollars 2,000.00) but not more than five thousand dollars ($5,000.00) require
the approval of the initiating department head and the City Manager and
shall be made by written purchase orders issued by the Purchasing Officer
and any other contractual document deemed necessary and appropriate by
the City
Attorney.D. Professional services with a value in excess of five thousand
dollars 5,000.00) but not more than thirty thousand dollars ($30,000.00)
require the approval of the initiating department head and shall be made by
written contract executed by the City Manager and approved as to form by the
City
Attorney.E. Professional services with a value in excess of thirty thousand
dollars 30,000,00) require the approval of the City Council and shall be made
by written contract executed by the Mayor and approved as to form by the
City
Attorney,SECTION
III:Section 3,08.420 of the Orange Municipal Code is hereby deleted in its
entirety and replaced with the following new Section 3,08.420, to read in full as
follows:3.08.420 Professional Services--
Procedures,Due to the nature of professional services, the compelilive
bidding procedures and requirements of this chapter shall not be required for
the retention of such services; provided, however, that the City
department primarily responsible for the proj ect for which professional services
are required shall request a formal or informal written proposal from not
less
than three available and qualified consultants, whenever practicable, Where
three consultants cannot be found which could provide the required service
or where it is not practicable to obtain proposals from at least three
available and qualified consultants, the initiating department head may then
select from the available and qualified applicant consultants. Selections
based on less than three firms must be documented with the names and
addresses of consultants contacted by the City department primarily
responsible for the project and the reasons why the provisions of this
section could not be met TIns documentation shall be maintained in the
contract file of the City department primarily responsible for the project
The proposals received are to be evaluated on the basis of demonstrated
competence and on the professional qualifications necessary for the
satisfactory performance of the services required and at fair and reasonable
prices to the City. Unless otherwise required by state and federal law , the
requirement for the obtainment of formal or informal written proposals
from not less than three consultants and the selection procedures set forth in
this chapter for the furnishing of professional services may be dispensed
with where (1) the City seeks to retain specially trained and experienced
persons or firms which are in the business of rendering unique and/or
specialized services and/or advice on financial, economic, accounting,
engineering, legal, administrative matters, architectural design,
environmental planning and/or analysis, public relations, insurance, medical
or other specialized matters, and (2) the value of such services is not more
than thirty thousand dollars ($30,000,00). The City Council may, by
resolution, prescribe procedures, rules and regulations governing the
solicitation, selection and award of proposals or bids for the furnishing of
such special services,"
SECTION IV:
Section 3.08.430 of the Orange Municipal Code is hereby deleted in its entirety and
replaced with the following new Section 3.08.430, to read in full as follows:
3.08.430 Professional Services-Authority of City Manager to Approve
Increases in Contract
Amounts,Unless the contract for professional services provides otherwise, the
City Manager may approve dollar increases in professional services
agreements that have been approved by the City Council. The extent of the
City Manager's authority to approve such increases shall be in the amount
of ten thousand dollars ($10,000.00) or ten percent, whichever is
greater.However, in no event may the City Manager approve an increase of
more than thirty thousand dollars ($30,000,
00),
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SECTION V:
Should any section, subsection, clause, or provision of this Ordinance for any
reason be held to be invalid or unconstitutional, such invalidity or unconstitutionalityshallnotaffectthevalidityorconstitutionalityoftheremainingportionsofthis
Ordinance; it being hereby expressly declared that this Ordinance, and each section,
subsection, sentence, clause and phrase hereof would have been prepared, proposed,
approved and ratified irrespective of the fact that anyone or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION VI:
A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summaryofthisOrdinanceshallalsobepublishedoncewithinfifteen (15) days after this
Ordinance's passage in a newspaper of general circulation, published, and circulated in
the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along with the names of those CityCouncilmembersvotingforandagainsttheOrdinanceinaccordancewithGovernment
Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the
date of its final passage.
ADOPTED this 23rd day of November, 2004
Ity of Orange
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certifY that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 9th day of November, 2004, and thereafter at the regular meeting of
said City Council duly held on the 23rd day of November, 2004, was duly passed and
adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ity Clerk, .OrangeMaryE.M
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