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Resolution No. 2011-139RESOLUTION NO. 2011-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING AMENDED PURCHASING PROCEDURES TO PROVIDE DEPARTMENT HEADS WITH CONTRACTING AUTHORITY UP TO CERTAIN SPENDING LIMITS AND REPEALING PRIOR PURCHASING PROCEDURES WHEREAS, on February 5, 2007, the City Council of the City of Vernon adopted Resolution No. 9232 approving purchasing procedures to implement the Vernon City Code with respect to the internal management and operation of the Purchasing Department in order to streamline the purchasing functions and increase productivity (the "Purchasing Procedures"); and WHEREAS, on August 27, 2007, the City Council of the City of Vernon adopted Resolution No. 9391 amending the Purchasing Procedures; and WHEREAS, on July 20, 2009, the City Council of the City of Vernon adopted Resolution No. 10,025 further amending the Purchasing Procedures; and WHEREAS, the City Council of the City of Vernon desires to further amend the Purchasing Procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION l: The City Council of the City of Vernon does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and adopts the Purchasing Procedures that are attached hereto and incorporated by reference as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby declares that by approving and adopting the Purchasing Procedures attached hereto, it does not intend to in any manner obviate the procedures set forth in Vernon City Code Sections 2.29 to 2.29-4. SECTION 4: Pursuant to Vernon City Code Section 2.29-3, all such contracts shall be submitted to the City Council for review, and the City Council may by minute action reject or approve the negotiated contract. SECTION 5: Resolution Nos. 9232, 9391 and 10,025 are hereby repealed. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 2nd day of August, 2011. Name: Hilario Gonzales Title: Mayor _2- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-139, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 2, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 3 day of August, 2011, at Vernon, California. (SEAL) k - 3 - s EXHIBIT A PURCHASING PROCEDURES FOR INTERNAL OPERATION 1. Purchasing Authority - $10,000.00 or less - All Departments Except Light & Power, Gas and Water. Department Heads for departments other than Light & Power, Gas and Water shall have the authority to purchase supplies, services and equipment in accordance with Chapter 2, Article IV, of the Vernon City Code for amounts totaling $10,000.00 or less, prior to any applicable tax. Any contracts to be signed for purchases and services pursuant to this paragraph shall be on a form approved by the City Attorney, or shall be reviewed by the City Attorney prior to execution by the respective Department Head, and submitted to the City Council for subsequent approval. A fully executed original of all contracts shall be submitted to the City Clerk for filing. 2. Purchasing Authority - $25,000.00 or less - Light & Power, Gas and Water Departments. Department Heads of the Light & Power, Gas and Water Departments shall have the authority to purchase supplies, services and equipment in accordance with Chapter 2, Article IV of the Vernon City Code for amounts totaling $25,000.00 or less, prior to any applicable tax. Any contracts to be signed for purchases and services pursuant to this paragraph shall be on a form approved by the City Attorney, or shall be reviewed by the City Attorney prior to execution by the respective Department Head, and submitted to the City Council for subsequent approval. A fully executed original of all contracts shall be submitted to the City Clerk for filing. A-1 3. Purchasing Authority - $10,000.00 or less - Electric Resources Planning and Development Manager and Transmission and Distribution Manager Positions Within the Light & Power Department. The Electric Resources Planning and Development Manager and the Transmission and Distribution Manager for the Light & Power Department shall have the authority to purchase supplies, services and equipment in accordance with Chapter 2, Article IV, of the Vernon City Code for amounts totaling $10,000.00 or less, prior to any applicable tax. Any contracts to be signed for purchases and services pursuant to this paragraph shall be on a form approved by the City Attorney, or shall be reviewed by the City Attorney prior to execution by the Director of Light & Power, and submitted to the City Council for subsequent approval. A fully executed original of all contracts shall be submitted to the City Clerk for filing. 4. Change Orders - Authority to Execute. a. Department Heads shall have authority to execute contract change orders in the amounts authorized pursuant to Paragraphs 1, 2 and 3 above, subject to subsequent approval by the City Council. b. Department Heads shall have the authority to sign change orders that are over the authorized limits set forth in Paragraphs 1, 2 and 3 above, subject to prior approval by the City Council. C. All contract change orders require approval as to form by the City Attorney. If a department is using a standard change order form that has been approved by the City Attorney, then the City Attorney will not need to approve as to form subsequent change orders utilizing the same standard change order form. However, if the language in the standard change order form has been modified, then the City Attorney will need to approve as to form. A-2 d. A fully executed original of all contract change orders shall be submitted to the City Clerk to be filed with the original contract documents retained by the City Clerk. A-3 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: August 3, 2011 TO: Rory Burnett, Finance Director/City Treasurer Daniel Calleros, Interim Police Chief Kristen Enomoto, Council Department Manager Carlos Fandino, Director of Light & Power Masami Higa, Assistant Finance Director Alex Kung, Senior Accounting Manager Joaquin Leon, Deputy City Treasurer Lewis Pozzebon, Director of Health & Environmental Control James Rodino, Police Captain Martha Valenzuela, Director of Personnel/Business Services Mark Whitworth, City Administrator/Fire Chief Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2011-139 — A Resolution of the City Council of the City of Vernon Approving and Adopting Amended Purchasing Procedures to Provide Department Heads with Contracting Authority Up to Certain Spending Limits and Repealing Prior Purchasing Procedures Transmitted herewith is a copy of Resolution No. 2011-139 referenced above, which was approved by City Council on August 2, 2011. Thank you. WY:dj Attachment c: Purchasing Department Resolution No. 2011-139 RECEIVED JUL 2 8 2011 CITY CLERK'S OFFICE STAFF REPORT CITY ATTORN€Y'S OFFICE DATE: July 21, 2011 TO: Honorable Mayor and City Council FROM: Michael B. Montgomery, Interim -City Attorney RE: Blanket Purchasing Authority for Department Heads INTRODU.DTION Vernon Charter section 8.10 states in pertinent part; "All contracts must be in writing, signed by the mayor or other officer authorized by resolution, and attested by the city clerk." Currently, Department Heads of the Light & Power,. Gas; and Water Departments have the authority to purchase supplies, services and equipment up to $25,000. All other Department Heads have the authority to purchase supplies; services and equipment up to $10,000. In an effort to streamline the operation of the City and maximize staff time, a resolution is sought to give Department Heads the authority to enter into written contracts for purchases and services not exceeding their spending authority, thus increasing the efficiency of City Council meetings and encouraging the documentation of purchases through the use of contracts. All contracts to be signed would still require prior review by the City Attorney, attestation of the City Clerk, or Deputy City Clerk, and subsequent approval by the City Council. Enclosed for your consideration is a proposed resolution setting the purchasing limits for Department Heads and certain managers, and authorizing Department Heads to enter into written contracts up to their authorized limits. If adopted,.th-e proposed resolution will replace and supersede the existing resolution respecting the purchasing limits of Department Heads. FISCAL IMPACT None. RECOMMENDATIOf It is hereby recommended that Department Heads be authorized to enter into written contracts for purchases and services up to their authorized limits,. subject to prior review by the City Attorney and subsequent approval by the City Council.