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HomeMy WebLinkAboutSupplemental Information - Goldberg - Item BRobin Roberts From: Robert Goldberg <rgoldberg@live.com> Sent: Saturday, June 24, 2017 4:13 PM To: Mike Varipapa; Ellery A. Deaton; Schelly Sustarsic; Thomas Moore; Sandra Massa -Lavin Cc: Robin Roberts; Jill Ingram; csteele@rwglaw.com; Craig Steele Subject: Questions and Comments on Proposed Purchasing Ordinance Attachments: MC.Local Emergency.3.25.pdf, Questions Comments Purchasing Ordinance.doc Dear City Council Members and City Staff, For your consideration, I am submitting the attached questions and comments regarding Item B on Monday's agenda. I have also attached sub - sections from Section 3.25 in the Municipal Code which are referenced in my comments. Robert Goldberg Questions and Comments on Item B: Purchasing System Staff Report: The second paragraph on page 2 summarizes two relevant Charter Sections -1010 and 420. Regarding 420, staffs summary truncates the key provision, specifically that the Council "may impose a monetary limit" on City Manager's authority to make purchases even if the purchases are included in the approved budget. In fact the Council has exercised its option to impose a monetary limit through Resolution #6384 adopted in July 2013. This Resolution limits the City Manager's authority (without Council approval) to the Public Works bidding threshold. Proposed Ordinance: 3.20.005 Purchasing System Adopted (A). The last part of the section reads "the improvement of the quality of materials, supplies and services from local community vendors where practical and in the best interests of the city." Rather than "improvement, does staff mean purchase "? If so, how will the proposed changes promote purchasing from local vendors? 3.20.010 Purchasing Officer. This section states that the City Manager may delegate the position of purchasing officer to another employee with approval of the Council. Has such a delegation been done? 3.20.030 (B) Purchases Exempt from Bidding. This section sets up a new category for exemption, "an anticipated local emergency." However, Code Section 3.25 which discusses emergency powers, including waiving bidding, already covers "anticipated local emergencies." Specifically, section 3.25.005 defines an emergency as "actual or threatened existence (emphasis added) of conditions of disaster." Section 3.25.020.2 authorizes the City Manager to declare an emergency when the Council is not in session. Why does staff believe that existing provisions of Section 3.25 are not adequate, and that emergencies will now be referenced in two separate sections of the Muni Code? The proposed language in this section requires a report to Council at their next regularly scheduled meeting following the emergency purchase. For the purposes of this section, what will be the date of purchase? Will it be the date that the purchase order (PO) is created by the City, the date the PO is signed by the City, the date that the goods or services are delivered to the City, or the date that the City actually pays the vendor or contractor? 3.20.030 (D). After the long listing of professional services, there is are new sentences that discuss negotiating rates and getting three proposals if costs are over $10,000. Comment: The readability would be greatly improved if (D) were broken into subsections. The last two sentences in this section discuss the City Manager's authority to sign contracts. Comment: This topic has nothing to do with the title of this section "Exemptions from Bidding Requirements ", and therefore should be deleted. 3.20.030 (G) and (1). Both of these sections refer to "payments." Comment: Payments are not purchases. For clarity, either the language needs to be changed, or these sections deleted. Note that sub- section "H" is missing. 3.20.030 (L). This section does not exist, but I would suggest adding "Purchases off State, County, or Federal purchase agreements," or something to this effect to cover our use of "piggyback" agreements. 3.20.070 (A) Sale of Surplus Property. Subsection (1) says that we will use competitive bidding, but (2) says that we might use negotiated sale. These sections appear to conflict. Did staff mean to include both? 3.25.020 Director and Assistant Director Powers and Duties. A. The director shall have the following powers and duties: F 1. To request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session. 2. To proclaim the existence of a local emergency if the city council is not in session. Such proclamation shall be null and void seven days after issuance unless ratified by the city council. 3. To request the governor to proclaim a state of emergency if locally available resources are inadequate to cope with an emergency. To direct the efforts of the emergency organization. To represent the city in dealings pertaining to an emergency. 6. To designate the order of succession of the director's office, which order shall be subject to city council approval and shall be effective in the event the director is unavailable during an emergency. 7. To do the following in the event of a proclaimed local emergency, state of emergency or state of war emergency: a. Issue regulations on matters reasonably related to the protection of life and property as affected by such emergency. Such regulations shall be confirmed or repealed by the city council at the earliest practical time. b. Obtain vital supplies and equipment at fair market value or to commandeer such items if immediately required. C. Command the aid of as many citizens of the city as deemed necessary. This provision applies only to a state of emergency or state of war emergency. d. Requisition necessary personnel or material of any city department or agency. B. The assistant director shall have the following powers and duties: 1. Develop emergency plans under the director's supervision and with the assistance of the emergency service chiefs. 2. Manage emergency programs of the city. (Ord. 1515) 3.25.005 Definitions. hnp: / /www.gcode.us/ codes /scalbewh /view.php?tapic =3 -3_25- 3_25... Semi Beach Municipal Code .up previous [text main $earth print No Frames Title 3 ADMINISTRATION Chapter 3.25 IVIL DEFENSE AND DISASTE R 3.25.005 Definitions. For the purposes of this chapter, the following words and phrases shall mean: Assistant Director: assistant director of emergency services. Director: director of emergency services. Emergency: actual or threatened existence of conditions of disaster or of extreme peril to the safety o persons and property in the city caused. Emergency Organization: city officers and employees, together with those volunteer forces enrolled to aid them during an emergency, and all groups or persons who by agreement or law are charged with duties incident to the protection of life and property in the city during an emergency. (Ord. 1515) View the mobile version. I of 1 527/2016 12:05 PM