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ORD 288ORDINANCE NO. 288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AMENDING CHAPTER 3.12 RELATING TO PURCHASES, AMENDING SECTIONS 3.12.030 (Purchasing Agent), 3.12.120 (Formal (sealed) bid procedure ), 3.12.230 (OPEN MARKET OR INFORMAL BID PROCEDURE) AND 3.12.270 (EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS) TO INCREASE DOLLAR THRESHOLD AMOUNTS WHEREAS, Chapter 3.12 of the La Quinta Municipal Code ( the "Code") sets forth general rules relating to purchases made by the City of La Quinta's (the "City"); and WHEREAS, Chapter 3.12 of the Code sets forth certain monetary thresholds which trigger specific purchasing/bidding requirements; and WHEREAS, the City must follow complex and lengthy bidding requirements due to the thresholds listed in the Code; WHEREAS, the City recognizes, that due to the nature of the industry, certain purchases for service or equipment, although fairly routine in nature, often exceed the dollar thresholds listed in the Code thereby triggering this complex and lengthy bidding process; and WHEREAS, the City believes that the procedures, as amended, will still protect the best interests of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: Section 1. Amend the La Quinta Municipal Code as follows: 3.12.030 Purchasing agent. There is created the position of purchasing agent who shall be designated by the City Manager. The duties of the purchasing agent may be combined with those of any other office or position. The purchasing agent shall have the authority to: A. Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing agent Ordinance No. 288 Page 2 shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the City Council or the City Manager; B. Negotiate and recommend execution of contracts for the purchase of supplies and equipment; C. Act to procure for the City the needed quality in supplies and equipment at least expense to the City; D. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; E. Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City; F. Prepare and recommend revisions and amendments to the purchasing rules; G. Keep informed of current developments in the field of purchasing, prices, market conditions and new products; H. Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations; Supervise the inspection of all supplies and equipment purchased to ensure conformance with specifications; J. Recommend the transfer of surplus or unused supplies and equipment between departments as needed; K. Maintain an approved vendors list, vendors' catalogue file and records needed for the efficient operation of the purchasing division. 3.12.120 Formal (sealed) bid procedure. Except as otherwise provided in this chapter, public projects, as defined in Section 37901 of the Government Code, and purchases of supplies and equipment of an estimated value greater than twenty five thousand dollars shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure prescribed in this chapter. Ordinance No. 288 Page 3 3.12.230 Open market or informal bid procedure. Purchases of supplies and equipment of an estimated value in the amount of twenty five thousand dollars or less may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.12.240 through 3.12.260 and without observing the procedure prescribed in Sections 3.12.120 through 3.12.215; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than two thousand five hundred dollars; and that City Council approval is obtained for purchases in excess of $10,000. 3.12.270 Exceptions to competitive bidding requirement. A. When the estimated amount involved is less than two thousand five hundred dollars. B. The City Council may authorize the execution of contracts for personal services, for professional and consultant services, and for other nonpublic projects and for contractual services without observing the bidding procedures provided in this chapter where the amount of the contract exceeds the value of ten thousand dollars; C. The City Manager is authorized to enter into contracts for personal services, for professional and consulting services and for other contractual services without observing the bidding procedure provided in this chapter where the amount of the contract does not exceed the amount of ten thousand dollars; provided there exists an unencumbered appropriation in the fund account against which the expense is to be charged;" Section 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. Section 4. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. Ordinance No. 288 Page 4 PASSED, APPROVED AND ADOPTED, this 5th day of November, 1996 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLENDA L. HOLT, Mayor City of La Quinta, California AT ST: AUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: 4 0zl� DAWN C. HONEYWELL, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 288 which was introduced on the 15th day of October, 1996 and was adopted at a regular meeting held on the 5th day of November, 1996 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the ;AUNDLRAQU of a inta as specified in a resolution of the City Council. HOLA,City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certi y that the foregoing ordinance was posted on November 6, 1996 pursuant to City Co cil Resolution. AUNDRA L. UHOLA, City Clerk City of La Quinta, California