Long Beach, CA
File #: 12-1034    Version: Name: FM - ORD Amend Ord Clarifying Authority of Purchasing Agent
Type: Ordinance Status: Adopted
File created: 11/14/2012 In control: City Council
On agenda: 12/11/2012 Final action: 12/11/2012
Title: Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 2.84.010 relating to Authority of City Purchasing Agent and others to contract, read and adopted as read. (Citywide)
Sponsors: Financial Management
Code sections: 2.84.010 - Authority of City Purchasing Agent and others to contract.
Attachments: 1. 120412-ORD-25sr&att.pdf, 2. 121112-ORD-18att.pdf, 3. 121112-ORD-18att Revised.pdf, 4. ORD-12-0020.pdf
Related files: 04-1394
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
12/11/20122 City Council approve recommendation and adoptPass Action details Meeting details Not available
12/4/20121 City Council declare ordinance read the first time and laid over to the next regular meeting of the City Council for final readingPass Action details Meeting details Not available
TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 2.84.010 relating to Authority of City Purchasing Agent and others to contract, read and adopted as read.  (Citywide)
 
DISCUSSION
The Fiscal Year 2013 (FY 13) budget adopted by the City Council on September 4, 2012, includes a provision to change the City's purchasing policies to streamline the purchasing process, improve efficiency, introduce enhanced financial controls, and decrease administrative expense. In order to implement some of these efficiency improvements as adopted in the budget, an amendment to the Long Beach Municipal Code (LBMC) is required.   
 
Purchasing Agent Authority
Currently, the LBMC allows the Purchasing Agent to issue purchase orders in the amount of $100,000 or less. The Adopted FY 13 Budget captured savings from raising that amount to $250,000, which allowed for the elimination of a buyer position and implementation of a more streamlined purchasing process. The proposed ordinance and associated procedures provide this authority and include the following financial controls for purchases between $100,000 and $250,000:
 
·      The procurement process must require at least three proposals or bids, ensuring that a   
       competitive process has been used.
 
·      Any sole source procurement above $100,000 will require City Council approval.
 
·      The purchase must be in conformance with purchasing procedures developed and
      promulgated by the Purchasing Agent. The required purchasing procedures will include
      award protest procedures to provide additional pre-award controls.
 
·      As an additional control, City purchasing procedures will provide for a quarterly report
      to the City Council on all purchases above $100,000 that were approved by the
      Purchasing Agent.
 
·      Any purchases above $250,000 would require City Council approval.
 
The LBMC also currently allows the Purchasing Agent to issue purchase orders in the amount of $500,000 or less for Homeland Security grant contracts. This higher limit has worked successfully in the City for a number of years, and has allowed the City to move quickly to purchase Homeland Security equipment under strict time requirements, while adhering both to the purchasing policies required by the federal grants and the City. Similar benefits are expected from the proposed change outlined above. Additionally, KPMG, the City's external auditor, has reviewed the proposed changes and determined they do not constitute a financial control issue.  
 
Department Authority to Make Purchases
The adopted FY13 budget includes a provision to increase a department's purchasing authority to $25,000, from the current $10,000 limit. The LBMC change allows the Purchasing Agent to delegate authority to departments for purchases. Currently, the Purchasing Agent will set the limit at $25,000, but the departments will only be able to make purchases if they follow the purchasing procedures promulgated by the Purchasing Agent.
 
This matter was reviewed by Assistant City Attorney Charles Parkin on November 13, 2012 and Budget Management Office Victoria Bell on November 14, 2012.
 
TIMING CONSIDERATIONS
City Council action is requested on December 4, 2012 in order to implement the changes as approved with adoption of the FY 13 Budget.
 
FISCAL IMPACT
The FY 13 Adopted Budget included a budget reduction of 20 percent of the Purchasing Division buying staff, eliminating one of five positions, for a savings of $98,254. These savings are contingent upon the adoption of the ordinance and implementation of the proposed purchasing revisions.  In addition to the savings, the proposed change to the LBMC will reduce the City's administrative costs, increase efficiency, and improve controls.  There is no local job impact associated with this recommendation.
 
SUGGESTED ACTION
Approve recommendation.
 
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING SECTION 2.84.010 RELATING TO AUTHORITY OF CITY PURCHASING AGENT AND OTHERS TO CONTRACT
 
Respectfully Submitted,
JOHN GROSS
DIRECTOR OF FINANCIAL MANAGEMENT
 
APPROVED:
 
PATRICK H. WEST
CITY MANAGER