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2018/11/27 City Council Resolution 2018-154 RESOLUTION NO. 2018-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA,ADOPTING THE APPENDIX TO THE PURCHASING POLICY: EMERGENCY AND DISASTER PURCHASING POLICY WHEREAS, Government Code sections 54201 et seq. govern purchasing by local governmental bodies and require that every local agency adopt policies and procedures to govern their purchases of supplies and equipment; and WHEREAS, the City Council of the City of Rohnert Park ("City") adopted the current Purchasing Policy by Resolution 2016-51 on June 14, 2016; and WHEREAS,the City Council at its regular meeting on June 14,2016, directed staff to return with a draft appendix to the Purchasing Policy which shall formalize and document the City's procurement practices during an emergency and which shall position the City to be eligible for federal funding and reimbursement for such procurements; and WHEREAS, the City Council at its regular meeting on November 13, 2018, reviewed and directed revisions to the draft Appendix to the Purchasing Policy:Emergency and Disaster Purchasing Policy developed by City staff,; and WHEREAS, the City Council now desires to adopt the revised Appendix to the Purchasing Policy: Emergency and Disaster Purchasing Policy. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the attached Appendix to the Purchasing Policy: Emergency and Disaster Purchasing Policy attached hereto as Exhibit"A"("Appendix"). DULY AND REGULARLY ADOPTED this 27th day of November, 2018. CITY OF ROHNERT PARK c),)...„. Pam Stafford, Mayor ATTEST: kao, bickoi 0.-k,..... _-_,- J. 'nne M. Buergler, City Clerk -; - N _ Attachment: Exhibit A "'� r AHANOTU: C_ BELFORTE: MACKENZIE: CALLINAN: STAFFORD:AT AYES: (li ) NO S: ( p ) ABSENT ) ABSTAIN: ( ) 1 Exhibit it s 3 RONNekr PAy� CITY OF ROHNERT PARK 'g .... ` 6 CITY COUNCIL POLICY S BJECT/TITI.E POLI, 1 BY CY O: „APPROVE ." - ,APPROVAL DATE:' . .,F APPENDIX TO PURCHASING POLICY: ❑ RESO NO: EMERGENCY AND DISASTER PURCHASING POLICY TABLE atii1iiiktS ,. a3 1. GENERAL INFORMATION 1 2. DELEGATION OF PURCHASING AUTHORITY IN EMERGENCY 2 3. PROCUREMENT PROCEDURES 3 4. REPORTING AND CONTRACTING 5 >,,. -"44C44;':'5;41;4 ",w.: r. �R :.;.r,-;;;;^>;:ri:'• �1. ..� GEN=FRAC"IN�E.O`RM1�'TIO`N ; .. 1.1. Purpose and Scope. 1.1.1. This Emergency and Disaster Purchasing Policy ("Policy") modifies the City's normal purchasing practices to assure that, in exigent circumstances caused by a proclaimed Emergency or Disaster, the City is able to acquire the goods and services required to address an immediate threat to life, public health, or safety or an immediate threat of significant damage to improved public and private property while still maintaining an effective purchasing process and complying with applicable local and state purchasing laws. Where the City is included in a major disaster or emergency declared by the President of the United States, this Policy also assures that City procurements comply with federal regulations applicable to FEMA (Federal Emergency Management Agency) disaster grant reimbursement. 1.1.2. This Policy does not govern emergency purchases related to Public Works projects, which are subject to the procedures set forth in the Public Contract Code sections 20168 and 22050 et seq. Emergency purchases to repair or replace public facilities may proceed prior to adoption of the working details, drawing, plans, and specifications, only when in accordance with the Public Contract Code. Staff responsible for Public Projects shall be held accountable for compliance with these requirements. 1.1.3. For purposes of this Policy, an Emergency and Disaster shall be deemed to exist when a condition exists that presents an immediate threat to life, public health, or safety, or an immediate threat of significant damage to improved public or private property, and a local Emergency or Disaster has been proclaimed. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to health, safety, or improved property shall follow the City's regular Purchasing Policy. Page 1of6 „DNNE RT PAk� CITY OF ROHNERT PARK 62 CITY COUNCIL POLICY �A CI iOPVtA 1 POLICY NO::,;; APPROVED BY: APPR©VAL"DATE: APPENDIX TO PURCHASING POLICY: 0 RESO NO: EMERGENCY AND DISASTER PURCHASING POLICY 1.2. Definitions. For purposes of this Policy: 1.2.1. A proclaimed disaster or emergency exists if: (1)the Governor has declared a state of emergency for an area which includes the geographic territory of the City; or(2) the City has declared an emergency in the City in the manner provided for in Chapter 2.52 of the Rohnert Park Municipal Code. 1.2.2. "Director of Emergency Services” means the person designated as the director of emergency services as specified in Rohnert Park Municipal Code Section 2.52.050, as may be amended from time to time. 2.vr DELEGATION J F?PURCHASING AUTHORITY=IN/EMERGEtNCY 2.1 City Manager Authority. In an emergency,if the City Manager or Director of Emergency Services determines that material, supplies, equipment, and/or services must be procured before the City Council is able to assemble and approve these purchases,the City Manager has authority, subject to the limitations set forth in sections 2.1.1 and 2.1.2,to approve the immediate rental or purchase of any equipment,supplies, services or other items necessary to respond to an immediate threat to health, safety or improved property. 2.1.1 Limits of Single Purchase Authority. The City Manager or Director of Emergency Services or his/her designee shall have the authority to make individual purchases up to and including $500,000 on his or her signature alone. The City Manager or Director of Emergency Services or his/her designee shall have the authority to make purchases in excess of$500,000,up to a maximum of$1,000,000 when countersigned by the Mayor or in the Mayor's absence countersigned by another councilmember. If the Mayor or a councilmember is physically unavailable to provide a physical signature, then approval by electronic or verbal means shall be permitted and such approval shall be documented by the City Manager or Director of Emergency Services. 2.1.2 City Council Authorization. Nothing contained in this Policy shall limit the authority of the City Manager to make purchases and take such other emergency steps as are, or may be, authorized by the City Council, including opening a line or lines of credit to accommodate necessary purchases. 2.2 Sub-Delegation of Purchasing Authority. At any time that the City Manager is not available to approve purchases as allowed in this chapter, the duty shall be carried out by the Director of Emergency Services. Page 2 of 6 40HNkRi P�Rq ,`n��f , CITY OF ROHNERT PARK Ig e'er ::--- --$.1'.17--`5 , '9 5z : CITY COUNCIL POLICY to 1,1 FORMA s,,,::'; "„ ,,,r„ ,,�%Yxr..F�+i..".w.v ,n c'.,v SUB]ECl/TITLE °'P LILY NO: APPROVED BX: . .' '' APPROVAL DATE:; APPENDIX TO PURCHASING POLICY: ❑ RESO NO: EMERGENCY AND DISASTER PURCHASING POLICY 2.3 Sub-Delegation of Purchasing Authority to Department Heads. If none of the people designated in the order of succession as Director of Emergency Services are available, and the delay in getting his/her signature would pose an immediate threat to health, safety, or improved property,the City Department Directors(including Public Safety,Public Works, Human Resources, Development Services, and Finance) or his/her designee, shall each have authority to procure in accordance with other requirements of this Policy any equipment,supplies,services,or other items necessary for his or her department to respond to the immediate threat to health, safety, or improved property, up to a maximum of $100,000. 3- P120"C-IIR EN`>`: !RUCEDU£RES''' .W:m `: ... 3.1 Compliance with Federal Regulations. All purchases made under this Policy shall comply with the applicable provisions of 2 CFR Part 200, as those regulations may be amended from time to time. 3.2 Requisition. 3.2.1 Competition. All procurements must be conducted in a manner that promotes full and open competition. 3.2.2 Procurement Methods. The following methods of procurement may be utilized by the City Manager or Director of Emergency Services or his/her designee using the methods of procurement set forth in 2 CFR section 200.320, as may be subsequently amended from time to time. At the time of adoption of this Policy, the federal procurement thresholds, as set forth in 2 C.F.R. section 200.320 are: Under$10,000 Micro-Purchases: no solicitation required so long as the price is deemed reasonable. $10,000 to $250,000 Small Purchases: informal procurement required via receipt of an adequate number of price quotes. $250,001 and above Sealed Bids or Competitive Proposals. Sealed Bids: require formal advertising,two or more bidders are willing and able to respond, and a public opening of the bids. A fixed price contract is awarded to lowest responsive and responsible bidder. Page 3 of 6 V•pHN[4T PAA$ `/ z„ CITY OF ROHNERT PARK 9 2 CITY COUNCIL POLICY SUSJECT%TITLE: s;5 .POLICY NO: APPROVED BI'ri „ „M.;:,;-,<,APPROYAL-DATE: APPENDIX TO PURCHASING POLICY: 0 RESO NO: EMERGENCY AND DISASTER PURCHASING POLICY Competitive Proposals: when sealed bids is not appropriate, requires advertising, includes a written method for conducting the technical evaluation, and responses must be solicited from an adequate number of qualified sources, normally more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. 3.3 Non-Competitive Purchasing. Procurement by solicitation from a single source is allowable only when one or more of the following situations apply: (1)the item is available only through a single source; (2) public exigency or emergency will not permit delay required from competitive solicitation; (3)the purchase will be reimbursed from a federal grant, and the federal awarding agency or pass-through entity has expressly authorized a noncompetitive process; (4) after solicitation of a number of sources, competition is deemed inadequate. 3.4 Justification of Non-Competitive Purchasing. Any use of non-competitive purchasing shall be justified and documented prior to purchase. 3.4.1 The City Manager or Director of Emergency Services may determine procurement by non-competitive purchasing is appropriate if sufficient justification exists. 3.4.2 If the decision to use non-competitive purchasing is solely based on public exigency or emergency, then the procurement should be limited to that which must be performed immediately, allowing subsequent procurement by competitive proposals. Examples of such acquisitions include, but are not limited to: (1) placement of emergency protective measures; (2) procurement of scarce commodities, goods, or services; or (3) acquisition or rental of emergency equipment, emergency consulting services, emergency road clearance or other emergency requirements. 3.5 Solicitation Procedures for Non-Competitive Proposals. Even where exempt from competitive solicitation, telephonic or other electronic bid solicitation from potential vendors or suppliers, in lieu of written and/or sealed bids, shall be conducted in an effort to obtain multiple competitive proposals, when and if time allows in light of the exigent circumstances. If reimbursement under a federal grant award is anticipated for the purchase,then in accordance with 2 CFR section 200.323,the City Manager or the Director of Emergency Services shall ensure that profit is negotiated as a separate element of the price for each contract in which there is no price competition. Page 4 of 6 CITY OF ROHNERT PARK 9 3 62 CITY COUNCIL POLICY ��AIIiOPM\' .SUB ECT/TITLE ''v. POLICY: •: J �,� N APPROVEE)'B �: APPROVAL.DA'I'E APPENDIX TO PURCHASING POLICY: ❑ RESO NO: EMERGENCY AND DISASTER PURCHASING POLICY 3.6 Solicitation Requirements for Competitive Proposals. 3.6.1 Locations of Postings for Requests for Proposals or Solicitation of Bids. The City Manager or the Director of Emergency Services may waive requirements for public posting of requests for proposals or solicitation of bids, provided the invitation for bids or request for proposals is advertised or publicized. Notices soliciting bids or requests for proposals may be posted at the Emergency Operations Center or Alternate Emergency Operations Center, if the primary Emergency Operations Center is not being used. 3.6.2 Length of Time for Posting Requests for Proposals or Solicitation of Bids. The City Manager or the Director of Emergency Services may shorten any bid period to expedite the award of contracts for emergency equipment, goods, or services, and should seek to assure that the shortened bid period allows multiple suppliers to submit bids. 3.6.3 Number of Bids Required. Solicited bids that are non-responsive shall count towards the minimum numbers of bids required when there is a declared Emergency and Disaster in the City. 3.7 Contract Price Analysis. For a purchase over$250,000, if reimbursement under a federal grant award is anticipated, the City Manager or the Director of Emergency Services shall ensure that a cost or price analysis in accordance with 2 CFR section 200.323 is performed prior to receiving bids or proposals, and that profit is negotiated as a separate element of the price for each contract. 4: REPORTING AND CONTRCTING }uu. �r___.... . ...,.....w. 4.1 Reporting. As soon as reasonably possible after purchases are made pursuant to this Policy,the Director of Emergency Services or department head shall submit to the Finance Director, or his or her designee, a requisition and notation that the commodity has been ordered on an emergency basis from the vendor designated together with justification for the purchase having been made pursuant to this Policy. Upon receipt of requisitions, the Finance Director,Purchasing Agent, or his/her designee, shall prepare purchase orders for the emergency equipment, supplies, services, or other items in accordance with the requirements of this Policy. 4.2 City Council Notification. The Finance Director or his/her designee,shall inform the City Council, at its next regular or special meeting or as soon as reasonably possible thereafter, of any purchases made in excess of$100,000, or whenever the aggregate of purchases is greater than $500,000. Page 5 of 6 RO NNER CITY OF ROHNERT PARK 9� 62 CITY COUNCIL POLICY tw? "' '," fix: PROVE D:BY: `,'* -f 'APPR YAL'EDATEE SUBJECT/TITLE:�� POLICY N©: �� -„tlP A-: 0.. APPENDIX TO PURCHASING POLICY: 0 RESO NO: EMERGENCY AND DISASTER PURCHASING POLICY 4.3 Public Posting of Contract Awards. All contracts awarded that exceed $100,000 shall be provided to the City Council within thirty (30) days of award, and thereafter shall be publicly posted. 4.4 Authority to Cancel Emergency Procurements. Any purchase order or contract procured under this Policy shall include a provision indicating that the City has the authority to rescind or terminate a contract for non-performance when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or non-performance presents an immediate threat to health, safety, or improved property. 4.5 Requirement for Separate Invoicing. All contracts and purchase orders made under this Policy shall require separate invoicing from routine (non-disaster related) purchases, and require invoices to state the goods, services, or equipment provided and shall specify the location where the goods or services were delivered. 4.6 Mandatory Federal Terms. If reimbursement under a federal grant award is anticipated for a purchase,then the purchase orders or contract for such purchase shall contain all provisions required under 2 CFR section 200.326. \� rj:. 'S;�%it:t•:FT�i°oF:o>.r'%:/,, alii �'IS®N HTSTQRY :; - .. Page 6 of 6