15 part of Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which RPOSD may terminate or suspend this Agreement.
16 IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.
GRANTEE:
By: ________________________________
Signature of Authorized Representative
Name: ______________________________
Title: _______________________________
Date: _______________________________
LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT:
By: ______________________________
Director / Administrator
Date: ____________________________
Agreement No. A43
ATTACHMENT A
1 Date
Grantee Information
NOTICE TO PROCEED
REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
NTP NO. (ENTER NUMBER)
STUDY AREA NO. (ENTER NUMBER)
(ENTER NAME OF ANNUAL ALLOCATIONS PROJECT)
This Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of Agreement No. _________(Enter Number), dated (Enter Date) ("Agreement”), confirms approval of your Annual Allocations Project, as described in your Work Plan dated (Enter Date), for the project described as (Enter Project) (“Project”).
1. Scope of Work
2. NTP Performance Period
This Project shall be completed by the NTP Performance Period (Enter Date).
3. Grant Amount
The total maximum amount RPOSD will reimburse Grantee for this Project is (Enter Amount), including related reimbursable expenses as specified. Any items where cost estimates exceed the approved budget, require prior written authorization from RPOSD.
4. Reimbursement
a. Grantee must complete all required deliverables identified in the attached Work Plan.
b. The total reimbursement from RPOSD for all deliverables may not exceed Grant Amount, identified in the Grant Amount.
c. Ensure NTP NO. (Enter Number) appears on invoices submitted to RPOSD for purposes of reimbursement.
ATTACHMENT A
2 All terms of the Agreement which authorize this NTP, will remain in full force and effect. The terms of the Agreement will govern and take precedence over any conflicting terms or conditions in this NTP. This NTP must be in compliance with the terms and conditions of the Agreement to be valid or binding.
At Grantee’s written request, this NTP may be amended subject to RPOSD’s sole discretion and prior approval. Amendments are to be limited to modifications of the Performance Period, Scope of Work, or Grant Amount.
APPROVED BY:
_______________________________
RPOSD Representative
Date: ____________________________
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE
APPROVING THE BLANKET AUTHORITY TO FILE APPLICATIONS FOR GRANT FUNDS
FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
FOR MEASURE A FUNDING FOR PROJECTS AND PROGRAMS
-------------
WHEREAS, the voters of the County of Los Angeles on November 8, 2016, approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure (Measure A); and
WHEREAS, Measure A also designated the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and
WHEREAS, the District has set forth the necessary policies and procedures governing the application for grant funds under Measure A; and
WHEREAS, the District’s policies and procedures require the governing body of the City if La Verne to approve of the filing of an application before submission of said application to the District; and WHEREAS, said application contains assurances that the City of La Verne must comply with; and WHEREAS, the City of La Verne will enter into Agreement(s) with the District to provide funds for acquisition projects, development projects, and/or programs.
NOW, THEREFORE, BE IT RESOLVED THAT THE LA VERNE CITY COUNCIL HEREBY:
1. Approves the blanket authority to file applications with the Los Angeles County Regional Park and Open Space District for Measure A Funds for projects or programs; and
2. Certifies that the City of La Verne understands the assurances and will comply with the assurances in the application form; and
3. Appoints the Community Services Director or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects or programs.
Passed, approved and adopted this 16th day of September, 2024 ____________________________
ATTEST:
___________________________
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Debra Fritz, Deputy City Clerk
SUBJECT: CONFLICT OF INTEREST CODE RESOLUTION
SUMMARY
Every two years, the City of La Verne is required to review its Conflict of Interest Code to determine if any changes are necessary. Staff consulted with the City Attorney and Department Directors to determine necessary amendments to the list of designated filers. The changes are reflected in Appendix "A".
RECOMMENDATION
That the City Council adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, CALIFORNIA, ADOPTING A STANDARDIZED CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES OF THE CITY OF LA VERNE."
DISCUSSION
Government Code Section 87306.5 requires that cities, in even number years, conduct a review of their conflict of interest codes to determine if any changes are necessary. The City will continue to utilize the Standard Conflict of Interest and Disclosure Code promulgated by the Fair Political Practices Commission (FPPC). All employees, from whom disclosure is required, will continue to use the standardized form and instructions provided annually by the FPPC.
The changes reflected in Appendix "A" are the result of the following:
REMOVED:
• Assistant City Clerk
• Assistant to the City Manager
• Community Services Manager
• Fire Safety Specialist - Part Time
• Information Systems Manager
• Information Systems Technician
• Police Communications Supervisor
• Police Community Services Officer
• Police Services Coordinator
• Public Works Manager
ADDED:
• Accountant Senior
• Assistant City Attorney
• Code Compliance Officer
Conflict of Interest Code Resolution, Page 2
• Deputy City Clerk
• Director of Community Services
• Fire Community Risk Reduction Specialist
• Police Support Services Manager
• Police Community Service Supervisor
The City Council, Planning Commission, City Manager, City Treasurer and City Attorney, are required to disclose pursuant to Government Code Section 87200-87210: and therefore, are not subject to the provisions of the Resolution.
FISCAL ANALYSIS
Not applicable
ENVIRONMENTAL ANALYSIS
Not applicable
LEGAL REVIEW
The City Attorney has reviewed and approved this item.
ATTACHMENTS
1. Resolution 24-XX Conflict of Interest Update
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,
CALIFORNIA, ADOPTING A STANDARDIZED CONFLICT OF INTEREST CODE FOR
DESIGNATED EMPLOYEES OF THE CITY OF LA VERNE
WHEREAS, the Political Reform Act of 1974, California Government Code Sections 87300-87313, requires that government entities in the State of California adopt Conflict of Interest Codes; and
WHEREAS, IN 1980 the City of La Verne adopted a Conflict of Interest Code, including procedures for filing Statements of Economic Interests as stated therein; and WHEREAS, from time to time it is necessary to amend the list of Designated Positions and Disclosure Categories, because of the establishment and deletion of City positions, and additions and amendments to State laws, regulations or interpretations thereof; and
WHEREAS, the Mayor, City Council, City Manager, City Attorney, City Treasurer, and members of the Planning Commission are required to file Statements of Economic Interests under State Government Code Sections 87200-87210.
WHEREAS, the City Council last adopted the terms of 2 Cal. Code of Regulations 18730 in 2022. State law requires that the Council review the Conflict of Interest Code in even numbered years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne that:
Section 1. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of La Verne.
Section 2. This Resolution supersedes that previous Resolution No. 22-73, which adopted a Conflict of Interest Code for designated employees in the City of La Verne.
Resolution No. 24-XX 2
Section 3. The Mayor shall sign and the Deputy City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 16th day of September, 2024. /S/ TIM HEPBURN
________________________________
Mayor Tim Hepburn
ATTEST:
/S/ DEBRA FRITZ
_______________________________
Debra Fritz
Deputy City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 24-XX was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
/S/ DEBRA FRITZ
___________________________________
Debra Fritz
Deputy City Clerk
Resolution No. 24-XX 3
APPENDIX A - DESIGNATED POSITIONS
DESIGNATED EMPLOYEES TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Accountant 1,2,3,4,6,7
Accountant-Senior - - ADD 1,2,3,4,6,7
Assistant City Attorney - - ADD 1,2,3,4,6,7
Administrative Analyst 1,2,3,4,6,7
Assistant City Clerk - - REMOVE 1,2,4,6,7
Assistant to the City Manager - - REMOVE 1,2,3,4,6,7
Assistant City Manaqer 1,2,3,4,6,7
Associate Planner 1,2,4,6
Assistant Planner 1,2,4,6
Building Official 2,4,6,7
Buildinq Inspector 2,4,6,7
City Clerk 1,2,4,6,7
City Enqineer 1,2,4,6,7
Citizen Oversight Committee (Measure LV) 1.2,3,4,5,6,7
Code Compliance Officer - - ADD 1,2,4,6,7
Community Development Director 1,2,4,6,7
Community Services Coordinator 2,4,7
Community Services Director - - ADD 2,4,6,7
Community Services Manager - - REMOVE 2,4,6,7
Community Services Supervisor 2,4,7
Consultants* 1,2,4,6
Deputy City Attorney 1,2,6
Deputy City Clerk - - ADD 1,2,4,6,7
Deputy City Engineer 1,2,4,6,7
Deputy Fire Chief 2,3,4,7
Director of Community Services - - ADD 1,2,4,6,7
Director of Public Works 1,2,4,6,7
Deputy Director of Public Works 1,2.4,6,7
Finance Director 1,2,3,4,5,6,7
Fire Battalion Chiefs 2,3,4,7
Fire Captains 2,3,4,7
Fire Marshal 2,3,4,7
Fire Chief 2,3,4,7
Fire Community Risk Reduction Specialist - - ADD 2,3,4,7 Fire Safety Specialist – Part time- - REMOVE 2,3,4,7
Fleet Manager 2,4,6.7
Information Systems Manager - - REMOVE 2,4,6,7
Information Systems Specialist 2,4,6,7
Information Systems Technician - - REMOVE 2,4,6,7
Maintenance Manager 2,4,6,7
Maintenance Supervisor 2,4,6,7
Planning Intern 1,2,4,6
Police Captain 1,2,3,4,6,7
Police Chief 1,2,3,4,6,7
Police Communications Supervisor - - REMOVE 2,3,4,7
Police Support Services Manager - - ADD 2,3,4,7
Police Community Service Supervisor - - ADD 2,3,4,7
Police Community Services Officer 2,3,4,7
Police Records Supervisor 2,3,4,7
Police Services Coordinator - - REMOVE 2,4,6,7
Principal Planner 1,2,4,6
Public Financing Authority (Includes EIFD Members) 1,2,3,4,5,6,7 Public Works Manager - - REMOVE 1,2,4,6,7
Senior Planner 1,2,4,6
Senior Management Analyst 2,4,6,7
Resolution No. 24-XX 4
Water Supervisor 2,4,6,7
Utilities Manager 2,4,6,7
Utility Engineer 2,4,6,7
Utility Supervisor 2,4,6,7
With respect to Consultants, the City Manager may determine in writing that a particular Consultant is hired to perform a range of duties broad enough in scope to warrant compliance with a disclosure requirement described in the disclosure categories. Such determination shall include a description of the Consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager shall forward a copy of the determination to the City Council.
Nothing herein excuses any such Consultant from any other provisions of this Conflict of Interest Code.
Resolution No. 24-XX 5
APPENDIX B
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the designated employee must disclose for each disclosure category to which he or she is assigned.
Category 1: All investments and management positions in, and sources of income from, all business entities that do business or own real property in the City, plan to do business or own real property in the City within the next year or have done business or owned real property in the City within the past two (2) years.
Category 2: All interest in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City.
Category 3: All investments and management positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee’s Department, will be subject to such authority within the next year or have been subject to such authority within the past two (2) years.
Category 4: All investments in, and sources of income from, business entities that are engaged in land development, construction of the acquisition or sale of real property in the City, plan to engage in such activities in the City within the next year or have engaged in such activities in the City within the past two (2) years.
Category 5: All investments and management positions in, and sources of income from, business entities that are banking, savings and loan or other financial institutions.
Category 6: All investments and management positions in, and sources of income from, business entities that provide services, supplies, materials, machinery or equipment of a type purchased or leased by the City.
Category 7: All investments and management positions in, and sources of income from, business entities that provide services, supplies, materials, machinery or equipment of a type used or administered by the Designated Employee’s Department.
Resolution No. 24-XX 6
ATTACHMENT A
CONSULTANTS
Commission Regulation 18700 defines “consultant” as an individual who, pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate, rule, or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval;
(v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency what would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code.
The Commission realizes that not all consultants participate in the making of decisions on behalf of public agencies and rather than amend your code each time you retain a consultant that is in a decision-making capacity, you may use a specialized disclosure category which provides that the disclosure required of consultant shall be determined on a case-by-case basis by the City Manager. The City Manager may make a determination as to what disclosure, if any, is required or any particular consultant.
This consultant disclosure category should be part of the code. You should add the position “consultant” as a designated position in the appendix of the code with a footnote as shown in the following example:
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager or executive officer’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Cody Howing, City Engineer
SUBJECT: RESETTING THE TIME AND DATE FOR PUBLIC HEARING REGARDING
THE REQUEST FOR TIME EXTENSION ON VESTING TENTATIVE TRACT MAP NO. 82001 (500 BASELINE ROAD)
SUMMARY
On September 3, 2024, the City Council adopted a resolution, setting a public hearing for September 16, 2024 to consider a one-year extension to Vesting Tentative Tract Map (VTTM) No. 82001. However, due to the Labor Day Holiday shifting the first City Council meeting to a Tuesday, there was insufficient time to complete the required noticing for the public hearing for September 16, 2024. Re-setting the public hearing to occur on October 7, 2024 will allow for adequate time to complete the required noticing.
RECOMMENDATION
That the City Council set the public hearing for consideration of the requested extension for Vesting Tentative Tract Map No. 82001 to occur at 6:30 PM on October 7, 2024.
DISCUSSION
On September 20, 2021 the City Council approved VTTM No. 82001 and Annexation Project. This proposed map included the subdivision of 19.44 acres of unincorporated Los Angeles County territory located within the Sphere of Influence of the City of La Verne. The site location is on the north side of Baseline Road approximately 140 feet east of the intersection of Baseline Road and Rodeo Lane at 500 Baseline Road. Of the nine lots proposed by this map, seven are identified to contain single-family dwelling units, while the remainder have been identified as providing space for a debris basin and open space.
In addition to the approval of the VTTM, Ordinance No. 1102 was introduced for first reading, establishing a pre-annexation zoning designation from the County zoning of A-1-15000 to PR3D (HODZ) and adopting PR3D (HODZ) zoning for the project. Ordinance No. 1102 was adopted on October 4, 2021, resulting in the effective date of the VTTM No 82001 to be November 3, 2021. In the past year, since the first one-year extension request was granted by the City Council, the annexation process was completed and approved by the Local Agency Formation Commission of Los Angeles County (LAFCO) in March 2024. Completion of the annexation marks a significant milestone for the project, allowing for progression of work on the next steps.
However, more work is required to be completed prior to filling of the final map for City Council approval is completed. The applicant has requested a one-year extension of the VTTM allowed in Section 66452.6 of the Subdivision Map Act. Pursuant to City Code Section 16.16.210, the City Council may consider granting the requested extension during a noticed public hearing.
Resetting the Time and Date for Public Hearing Regarding the Request for Time Extension on Vesting Tentative Tract Map No. 82001 (500 Baseline Road), Page 2
In accordance with Section 66452.6 of the Subdivision Map Act and pursuant to City Code Section 16.16.210 an extension of one year may be granted by the City Council. In the event future extensions are required, Section 66452.6 of the Subdivision Map Act allows extensions of up to 10 years from the original tentative map approval. The City Code limits time extensions for Vesting Tentative Maps to one year, and shall only be granted following a noticed public hearing.
If the City Council elects not to grant the one-year extension, the VTTM will expire. The approval process for the proposed subdivision will have to restart the application process should the applicant wish to continue to pursue the project.
FISCAL ANALYSIS
Not applicable.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
None
Coordinated with:
Eric Scherer, Director of Community
Development
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: RESOLUTION APPROVING A CLASS SPECIFICATION AND SALARY FOR
POLICE CAPTAIN
SUMMARY
With the recent retirement of the City’s Police Captain, a compensation and job analysis has been completed resulting in a recommendation to update both the salary and job classification for the position. Additionally, the Police Captain classification is being moved into the La Verne Police Middle Management Association to be in line with similarly classed employees and area departments.
RECOMMENDATION
That the City Council adopt the attached Resolution titled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR POLICE CAPTAIN.”
DISCUSSION
Long-time employee and Police Captain Jason Prows recently retired from the City after 34 years of service. In keeping with the best personnel practices when experiencing vacant positions, Human Resources Staff has worked with Chief Gonzalez to update the job classification as well as completed a review of the existing salary range. The classification changes update the qualification requirements for education and experience. Additionally, the completed compensation analysis showed that the Captain salary range was below the market of comparable agencies and had internal inequities in comparison to the City's Deputy Fire Chief classification. The recommended action will correct these issues and provide greater appeal to high-caliber and experienced applicants.
The question of what employee group the Captain position should exist in has been raised by previous Captains. The position has traditionally been in the unrepresented middle management position that includes some sworn but mostly non-sworn employees. After coordination with the La Verne Police Middle Management Association (PMMA), Chief Gonzalez, now retired Captain Prows, and an extensive review of surrounding police departments with similar operations as La Verne, it was determined that the Captain position should be included in the PMMA employee group.
The proposed resolution and City Council approval formally updates the classification, requisite employee group, and salary range per the City’s Personnel Rules as well as the Employer- Employee Benefits Resolution.
FISCAL ANALYSIS
Resolution Approving a Class Specification and Salary for Police Captain, Page 2
The exact impact of the recommended action on the Fiscal Year 2024-2025 Budget is currently unknown. The effect will depend on the salary step assigned to the incoming Captain, which will be determined by the Conditional Offer made to a successful applicant. This could result in a positive, negative, or neutral impact on the approved budget. Any such impact will be addressed during the mid-year budget review process as needed.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. Resolution 24-XX Police Captain
2. Police Capatin Job Description
RESOLUTION NO. 24-??
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE,
CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR
POLICE CAPTAIN
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. The class specification for Police Captain is attached hereto and hereby incorporated herein, is adopted.
Section 2. The City of La Verne Salary Schedule for Full-Time Employees adopted on July 1, 2024, by the La Verne City Council is hereby amended as follows effective July 14, 2024:
Step 1 = $184,593 Step 2 = $193,823 Step 3 = $203,515 Step 4 = $213,691 Step 5 = $224,375
Section 3. This position shall be included in the represented Police Middle Management Association Employees group.
Section 4. The Mayor shall sign and the Deputy City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 16th of September, 2024. ________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Debra Fritz, Deputy City Clerk
I hereby certify that the foregoing Resolution No. 24-?? was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Debra Fritz, Deputy City Clerk
City of La Verne, CA 1 of 2
JOB DESCRIPTION
Police Captain
DEPARTMENT: Police DATE: September 2024
SUMMARY: The Police Captain serves as the senior management officer within the Police Department. Under administrative direction, the Police Captain oversees either the Operations or Support Services Division. This role includes managing daily operations, supervising personnel, developing and implementing policies, ensuring the efficient and effective delivery of police services, and ensuring compliance with departmental standards and legal requirements. The Police Captain serves as the Acting Chief of Police in the Chief's absence and performs related duties as assigned.
General direction is provided by the Police Chief.
Responsibilities include direct supervision of sworn and non-sworn personnel. Assignments may also require indirect supervision of sworn and non-sworn personnel.
CLASS CHARACTERISTICS:
The Police Captain is responsible for overseeing and managing a division or precinct within the police department.
This position is responsible for strategic planning, personnel management, and ensuring effective and efficient law enforcement operations. The Police Captain ensures adherence to departmental policies, local laws, and safety regulations while fostering community relations and upholding high standards of ethical conduct.
ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following:
Duties may include, but are not limited to, the following:
•Assist in the development and implementation of goals, objectives, policies and priorities. •Plan, direct, supervise, and coordinate the major activities of the Police Department; develop staffing plans, study crime and other reports to determine trends, and make recommendations for changes in organization and operating procedures.
•Periodically review operating procedures and make recommendations for improvement. •Assist the Police Chief in overall departmental budget development and administration. •Respond to the most difficult citizen complaints and requests for information. •Coordinate police activities with other City departments and divisions and wish outside agencies. •Supervise, train, and evaluate assigned staff.
•Serve as acting Police Chief as assigned.
•Perform related duties as assigned.
QUALIFICATION GUIDELINES:
Police Support Services Manager City of La Verne, CA 2 of 2
Knowledge of:
• Thorough knowledge of modern law enforcement principles, practices, and techniques. •Strong leadership and management skills, with the ability to effectively supervise and motivate staff. •Excellent analytical and problem-solving abilities.
•Ability to develop and implement strategic plans and policies. •Strong communication and interpersonal skills, with the ability to interact effectively with diverse groups. •Knowledge of budget preparation and management.
•Familiarity with relevant laws, regulations, and legal procedures.
Ability to:
•Plan, organize, and direct the work of subordinate staff. •Develop and implement effective law enforcement strategies and programs. •Analyze complex situations quickly and objectively and determine proper courses of action. •Communicate effectively, both orally and in writing.
•Establish and maintain cooperative working relationships with staff, other law enforcement agencies, community organizations, and the public.
•Exercise sound judgment and make decisions under pressure. •Maintain professional integrity and ethical standards. •Manage multiple priorities and projects simultaneously. •Maintain physical fitness and the ability to meet the physical demands of the job.
Education and Experience:
Candidates should possess a minimum of 10 years of law enforcement experience that includes at least two years of experience at the level of Lieutenant.
The typical minimum qualifications for this position include a bachelor’s degree from an accredited college with major coursework in police administration or a closely related field. Possess a Basic, Intermediate, & Supervisory POST certificates (desired). Other combinations of education and experience may be considered in determining qualifications for the position. Decisions regarding qualifications for participation in the selection process will be made by the City’s Personnel Officer.
Ability to pass a thorough background investigation, including polygraph test, psychological evaluation, physical evaluation, and drug screening, prior to appointment.
PHYSICAL AND MENTAL DEMANDS:
Employees in this classification drive a vehicle, have direct contact with the public, elected officials and other city staff, stand, climb stairs and ramps, walking or standing for extended periods of time; use fingers repetitively, use both hands simultaneously, speak clearly, hear normal voice conversation, see small details, use a computer and a telephone and other safety and security specific equipment.
WORK ENVIRONMENT:
Employees in this classification typically work inside an office environment. Employees work independently; in situations requiring a high degree of tact and diplomacy; with a high volume of work and stringent deadlines, with continuously changing priorities and intermittent diversions.
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Christy Lopez, Finance Director
SUBJECT: MODIFICATION OF THE CITY'S PURCHASING POLICY FOR FEDERAL
PROCUREMENT STANDARDS AND PUBLIC PROJECTS
SUMMARY
The City Council is being asked to consider updates to the purchasing policy to align approval thresholds with federal procurement standards under the Code of Federal Regulation (CFR) 200, affecting all federally funded purchases and to align Public Project approval thresholds with the California Uniform Public Construction Cost Accounting Act. These changes aim to streamline processes while maintaining City Council budget controls.
RECOMMENDATION
That the City Council approve the proposed modifications to the City's purchasing policy aligning approval thresholds for federally funded purchases with the Code of Federal Regulations (CFR) 200 and Public Project approval thresholds with the California Uniform Public Construction Cost Accounting Act.
DISCUSSION
The proposed changes to the City's Purchasing Policy align with the procurement categories in the Code of Federal Regulations (CFR) 200 (micro, small, and formal purchases) to better manage the City’s federal expenditures and the California Uniform Public Construction Cost Accounting Act (Public Contract Code) for public projects. The revised thresholds apply only to federally funded expenses or projects that qualify as a public project and do not bypass the need for budget availability. Any additional appropriations beyond budget limits will still require City Council approval.
Federally Funded Expenditures
The City of La Verne, managing various programs including those with federal funding, has seen an increase in purchase sizes due to its fiduciary roles with both the Los Angeles Interagency Metropolitan Police Apprehension Task Force (L.A. IMPACT) and the Los Angeles High Intensity Drug Trafficking Area (LA HIDTA).
L.A. IMPACT is a multi-jurisdictional task force focused on major crime prevention, providing law enforcement support throughout Los Angeles County and surrounding areas. The La Verne Finance Division has been serving as the Treasurer/Controller for L.A. IMPACT for over twenty years, and offering accounting support including, paying invoices, issuing purchase orders, depositing funds, submitting reimbursements, producing financial reports, and overseeing external audits under a supportive services agreement.
Modification of the City's Purchasing Policy for Federal Procurement Standards and Public Projects, Page 2
Since July 2022, La Verne has also been providing fiduciary services for LA HIDTA. These services include paying invoices, issuing purchase orders, depositing funds, submitting reimbursements, producing financial reports, and overseeing external audits. LA HIDTA is a multi-jurisdictional initiative involving federal, state, and local governments, aimed at disrupting and dismantling major drug trafficking and money laundering organizations in the region.
The current purchasing policy, last updated in November 2020, has approval thresholds that are well below the thresholds of the procurement standards outlined in the Code of Federal Regulations (CFR) 200.
CFR, Title 2, Part 200 provides a comprehensive set of rules and guidelines for federal grants and agreements, including procurement standards for expenditures.
CFR 200 categorizes purchases into three tiers: micro, small, and formal purchases. Aligning the City's policy with these categories, while not a requirement, will streamline the management of federal expenditures and improve operational efficiency.
The policy revision will be limited to Section D – Approval Requirements as well as Exhibit A, which summarizes the procurement guidelines and will include the following modifications:
• Micro and Small Purchases up to $75,000 will be approved at the Department Director level.
• Small Purchases between $75,001 and $250,000 will require approval from the City Manager.
• Formal Purchases exceeding $250,000 will need City Council approval.
Public Projects
The California Public Contract Code is a set of statutes that governs public contracting in California. Its primary objective is to ensure transparency, competition, and fairness in the procurement of goods, services, and construction projects by public entities. The Code outlines the rules and procedures that must be followed when public agencies enter into contracts, ensuring the responsible use of public funds.
Public projects are projects defined in Public Contract Code Section 22002. Projects for construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work, including painting and repainting involving any publicly owned, leased or operated facility, are considered a public project.
The policy revision will be limited to Section D – Approval Requirements as well as Exhibit A, which summarizes the procurement guidelines and will include the following modifications:
• Public project purchases from $25,001-$200,000 require approval from the City Manager.
• Public project purchases greater than $200,000 require approval from the City Council.
The California State legislature reviews these levels regularly and has recently approved an
Modification of the City's Purchasing Policy for Federal Procurement Standards and Public Projects, Page 3
increase that is waiting to be reviewed by the Governor. If approved, the limits will increase by a small amount (up to $220,000) which will help close the gap in the construction cost increases that have been experienced over the past few years. Language identifying that the laws are reviewed regularly by the legislature rather than the previous language of "adjusted with inflation" has also been updated.
The proposed changes in both the federally funded expenditures and public projects will facilitate the handling of larger purchases while maintaining fiscal oversight. The policy revision will not change the requirement for budget availability; expenditures beyond the approved budget will still require City Council approval.
FISCAL ANALYSIS
There is no direct fiscal impact associated with the approval of this item.
ENVIRONMENTAL ANALYSIS
Not applicable
LEGAL REVIEW
This report has been reviewed by the City Attorney.
ATTACHMENTS
1. Purchasing_Policy_Clean_ 09042024
2. Purchasing_Policy_Draft_ 09042024
NUMBER: 204 ISSUED: 5-1-98
EFFECTIVE DATE: 9-16-2024 REVISED: 10-07, 5-14, 11-14, 11-18 SUBJECT:PURCHASING POLICY 11-20
I. PURPOSE: To provide an efficient system for procuring services, supplies and equipment while maintaining appropriate controls.
II. GENERAL POLICY: The City utilizes a decentralized purchasing system. Any official or employee who is required to purchase services, supplies or equipment on behalf of the City for their department shall use purchasing practices set forth in this document. It is the responsibility of each department to solicit selected vendors in order to purchase or contract for services, supplies, and equipment in an economic and prudent manner. The City desires to procure the best quality in services, supplies, and equipment at the least expense; and expects each department to supervise the inspection of all purchases to ensure conformance with specifications. All purchases are subject to budgetary limitations and department approval. Departments are strongly encouraged to use local vendors whenever economically feasible.
City funds can be obligated through five different methods:
•Petty Cash (included in separate Administrative Regulation) •Credit Card Payments (included in separate Administrative Regulation) •Claim Forms
•Purchase Orders
•Contracts
Purchases or transactions which financially obligate the City should be preceded by the issuance of a purchase order (P.O.), unless there is an executed contract or blanket P.O. in effect between the City and the vendor, or if the transaction with the vendor is for purchase(s) under $5,000.
Approval Requirements - Each method of obligation is subject to specific levels of approval depending on the dollar amount of the purchase, and all methods are subject to review for compliance with this policy by the Finance Director/Finance Division Manager or designee.
Competitive Procurement - All purchases are subject to best value and competitive purchasing considerations as outlined in this policy.
Administrative Regulation No. 204, Purchasing, page 2
No employee, officer, or agent of the City shall solicit or accept gratuities, favors, or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub-agreements, except where the financial interest is considered clearly inconsequential. All City officials, employees and agents are prohibited from the solicitation or acceptance of gratuities, favors, or anything of monetary value from any person or entity for performance of their official duties, including issuance, review, and awarding of solicitations. This restriction not only applies to the City employee, officer, or agent, but also to that person’s spouse or any entity in which that person or their spouse have a direct ownership interest.
III. PROVISIONS:
A. METHODS OF OBLIGATION -
1. Petty Cash: Petty cash funds shall be maintained and expended in compliance with City of La Verne Administrative Regulation 203.
2. Credit Cards: Credit cards shall be authorized and used in compliance with City of La Verne Administrative Regulation 214.
3. Claim Forms: Claim forms (or other similar representations) will be accepted for purchases not requiring a P.O. The documents must have the appropriate bill included and contain the appropriate authorizing signatures.
The form (or representation) must include vendor name, address, description and proper account codes on the form..
4. Purchase Orders: The purchase order provides a means of encumbering funds which reserves a portion of an appropriation until actual payment is made. Under the purchase order system, it is assumed that there will be a time lag between the time the order is placed and the time of delivery. In order to ensure that all terms and conditions of the purchase order are met by the vendor, payment is not made by the City until the services and supplies have been received as ordered and an invoice is received from the vendor.
Purchase Order Distribution And Tracking – The Finance Division shall distribute numerically sequenced batches of purchase orders to departments and shall maintain a control log of all purchase orders issued, voided, and unused. Periodically, the departments shall be required to account for any gaps in the control number sequences. A purchase order shall specify date, the vendor name and address, the purchase price including freight, a detailed description of the transaction and all applicable taxes along with the appropriate account coding on copy #2 (yellow).
Administrative Regulation No. 204, Purchasing, page 3
1 After a purchase order is filled out, it must be sent to the Finance Division.
After the Finance Division has approved and recorded the purchase order, the signed copies will be returned to the appropriate department. A purchase order has four copies. Copy #1 (white) is to be sent to the vendor by the department requesting services or supplies, Copy #2 (yellow) remains in the Finance Division and Copy #3 (pink) remains in the department until the goods are received. Once received, Copy #3 is signed off by the appropriate person and forwarded to Finance with the invoice.
Copy #4 (goldenrod) is to remain in the department’s files for their future reference.
It is the responsibility of the department requesting the purchase to ensure there are adequate budgeted funds to cover the purchase.
Estimations – In the event the purchase price cannot be precisely stated, it will be stated as an estimate and so noted. All purchase orders will be valid at face value plus 15%. Any actual purchase price over the P.O. amount plus 15% must be accompanied by a properly approved claim form or P.O. for the difference depending on the dollar amount of the overage.
Confirming Purchase Order – If an emergency arises and it is impractical given the urgency to protect City property or interests to obtain a P.O. prior to making the purchase or placing an order, a confirming P.O. should be completed as soon as possible. The P.O. will include all information as above and the word “CONFIRMING” should be printed in the Date Required area. Additionally a description should be provided indicating the reason for using a confirming rather than standard P.O. All confirming purchase orders over $10,000 must be signed by the City Manager or designee.
Blanket Purchase Orders: Each department shall receive a list of blanket purchase orders authorized and issued for the fiscal year. When it is anticipated that several deliveries or purchases will be made from the same vendor during a fiscal year, the Finance Director/Finance Division Manager may issue a blanket purchase order that is valid only for the current fiscal year. Blanket purchase orders shall be reviewed annually and if the requirement continues, they will be renewed. Related bills may be coded and signed directly on invoices and submitted to Finance for payment. If a purchase is over the blanket limit, a claim form or new P.O. should be prepared and approved for the entire purchase amount.
5. Contracts/Agreements: City funds can be obligated through the execution of contracts when a contract is the necessary legal means of forming an agreement with a vendor. Contracts are subject to the approval process (section D), competitive procurement procedures (section E), other procurement procedures (section F), and renewing existing contracts (Section G). Executed contracts will be retained on file in the City Clerk’s
Administrative Regulation No. 204, Purchasing, page 4
Office and a copy of the signed copy supplied to the Finance Division. For executed contracts, pertinent information can be coded and signed directly on the invoice by the department head before the invoice is turned in to the Finance Division for processing. A purchase order will be issued for internal purposes only.
Change orders: During the course of capital improvement projects and/or professional services engagements, unanticipated costs may arise. To cover these additional costs, change orders will be requested by vendors for the costs exceeding the original contract amount. Change order approvals are required based on the following:
1. Change orders that exceed 10% of the original contract not to exceed $25,000 in total with the original contract. Require Department head approval.
2. Change orders that exceed the greater of 10% of the original contract or $50,000. City Manager approval is required. Total contract plus change order cannot exceed City Manager approval authority.
3. All other change orders are subject to the same method of approval required for the initial contract. For example, if the contract required and received City Council approval, City Council approval is required for the change order.
4. For quantity based or unit price contracts where the bid was based on an estimated quantity or number of units, change orders can be approved by the department head for the final quantity or number of units to complete the initially proposed project. Approval based on the above criteria is required if the scope of the project is changed from the initially presented scope of work.
The above threshold considers change orders cumulatively. A reasonable effort must be made to anticipate all additional change orders to determine the total before a change order is approved. Written documentation of the considerations must be maintained and submitted to the Finance Division.
For example, if a change order is requested for $14,000 and another change order is anticipated for $95,000 on a $1,000,000 contract (10% is $100,000); City Council approval is required for both change orders (this presumes both change orders were reasonably anticipated). If the additional change order ($95,000) was not anticipated, Department Head Approval would be required on the $14,000 change order and Council approval on the $95,000 change order. The change order that cumulatively exceeds the threshold requires the same level of approval as the initial contract, irrespective of amount.
Contract Amount: Contract amounts should be the total amount the City is obligated or expected to be obligated for over the length of the project or service agreement. Total consideration also includes anticipated savings
Administrative Regulation No. 204, Purchasing, page 5
and contractual amounts paid based on those anticipated savings, e.g. the City is obligated to pay the vendor under the terms of the contract if the vendor provides savings to the City as a result of the work performed.
Contract amounts for approval and competitive procurement procedure purposes include the total obligation of the contract irrespective of contract length. If the contract is not for a fixed amount or a fixed amount is unlikely to be accurate, an estimated total contract price must be estimated in writing and included with the contract. Contracts should be undertaken with the broadest practical scope of work to obtain the most economical pricing. It is prohibited for any City officer or employee to divide up a project by entering into multiple smaller contracts for portions of a project to avoid approval and competitive procurement procedures.
For contracts that contain a clause allowing for unspecified or high dollar additional expenditures, subsequent expenditures made under that clause in the contract will be individually subject to approval thresholds outlined in section E of this policy. For example, a maintenance contract that specifies an amount for monthly routine maintenance but allows for additional expenditures would require separate approval based on dollar amount for additional items procured under the contract outside of the monthly routine maintenance charges. Expenditures made under such a provision must be in character the same type of service, supplies or equipment specified in the contract, e.g. heating/air conditioning units could not be purchased under a maintenance contract even if that vendor sold heating/air conditioning units since the new units are capital in nature and do not represent maintenance items under the maintenance contract.
B. FEDERAL FUNDS REQUIREMENTS - All expenditures of federal awards shall be made pursuant to the federal General Procurement Standards outlined in 2 CFR Sections 200.318 – 200.326 including applicable contract provisions under CFR Appendix II to Part 200 (FD Standards).
Code of Conduct
1. No employee, officer, or agent of the City shall participate in the selection, award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is or would be involved.
Such a conflict could arise if the employee, officer, or agent; any member of his/her immediate family; his/her partner; or an organization which employs (or is about to employ) any of the above, has a financial or other interest or a tangible personal benefit from a firm considered for a contract. All employees, officers, or agents of the City participating in the selection, award, or administration of a contract supported by Federal funds must execute a disclosure certifying that they do not possess a conflict of interest involving any of the respondents and are required to
Administrative Regulation No. 204, Purchasing, page 6
submit a standard disclosure form to identify any potential conflicts of interest. CFR Reference: 2CFR 200.318(c)(1).
A cost reasonableness analysis and documentation is required for every RFQ or RFP (competitive negotiations) where price competition is not the main evaluation factor. This analysis must be completed before awarding the contract. A cost analysis is the evaluation of separate elements (e.g. labor, materials, profit, etc.) that make up a contractor's total cost proposal or price to determine if they are allowable, directly related to the requirement, and, ultimately, reasonable. Cost reasonableness analysis is used when there is no price competition or when price competition is not the only evaluation factor, such as procuring architectural and engineering (A/E), professional, consulting, or program administrator services.
The City will take all necessary steps to assure that minority businesses, women-owned business enterprises, and labor surplus area firms are used when possible. It is the policy of the City to practice nondiscrimination based on social and economic disadvantage, race, color, gender, disability and national origin in the award and performance of contracts.
The City will explore the feasibility to enter into State and local intergovernmental agreements or cooperative endeavor agreements, where appropriate, for procurement or use of common goods and services in order to foster greater economy and efficiency in accordance with efforts to promote cost-effective use of shared services. The City will also explore the use of Federal excess and surplus property in lieu of purchasing new equipment and property if feasible and if it reduces project costs.
Prior to purchasing goods or services with Federal funds, departments must perform a search on the System for Award Management (SAM) website to determine that the vendor has not been debarred or suspended from participation in federal programs. This shall be done by logging onto www.sam.gov and performing a search of the vendor.
The results shall be printed and submitted to Finance with the invoice payment request. No award shall be given to a vendor who is debarred or suspended at the time of the award. This vendor search applies to the purchase of goods or services which total $25,000 or more. CFR Reference: 2 CFR 200.318(c)(1).
Compliance with federal grant provisions is the responsibility of the City department facilitating the procurement, but is subject to review and approval by the Finance Director/Finance Division Manager or designee.
Administrative Regulation No. 204, Purchasing, page 7
Contract Inclusion Provisions
1.Davis-Bacon Act: All prime construction contracts funded or partially funded with federal awards in excess of $2,000 awarded by the City must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The City shall report all suspected or reported violations to the Federal awarding agency. CFR Reference: 2 CFR Appendix II Part 200(D).
2.Copeland “Anti-Kickback” Act: All contracts must include provisions for compliance with the Copeland ‘‘Anti-Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that each contractor or sub recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City shall report all suspected or reported violations to the Federal awarding agency. CFR Reference: CFR Appendix II Part 200(D).
3.Contract Work Hours and Safety Standards Act: All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available
Administrative Regulation No. 204, Purchasing, page 8
on the open market, or contracts for transportation or transmission of intelligence. CFR Reference: 2 CFR Appendix II Part 200(E).
4.Byrd Anti Lobbying Amendment: Contractors applying or bidding for an award of $100,000 or more must file the required Byrd Anti-Lobbying Amendment certification and ensure each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the non-Federal award. CFR Reference: 2 CFR Appendix II Part 200 (J).
5.Bonding requirements: Procurements with Federal funds will include the minimum bonding requirements listed below:
To be submitted with the bidding documents:
A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. CFR Reference 2 CFR 200.325(a)
The bid bond or other security may be enclosed with the other bid documents submitted by a bidder and need not be submitted in a separate envelope attached to the envelope enclosing the other bid documents.
To be submitted at time of contract award:
A performance bond on the part of the contractor for 100 percent of the contract price. “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. CFR Reference: 2 CFR 200.325(b)
A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. CFR Reference: 2 CFR 200.325(c)
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C. PUBLIC PROJECTS - Public projects are projects defined in Public Contract Code Section 22002. Projects for construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work including painting and repainting involving any publicly owned, lease or operated facility is considered a Public Project. Public projects are subject to specific bidding requirements outlined in section E of this policy. Public projects are also subject to the approval requirements outlined in section D of this policy.
Informal bids can be obtained for public projects, and change orders on informal contracts up to the limits set forth in Section 22032(b) (currently $60,000, adjusted periodically by California State Legislature ).
When expenditures required for a public project exceed the limits established in Section 22032(c) (currently $200,000, adjusted periodically by California State Legislature) of the Public Contract Code, let to contract by formal bidding procedures. The City Council, in awarding public project contracts, shall adhere to all provisions of the State Labor Code pertaining to public projects.
D. APPROVAL REQUIREMENTS - All services, supplies and equipment, (except professional services contracts, see Section F, subsection 8).
All purchase orders or equivalent documentation must be approved and signed in accordance with the purchasing Approval Requirements and be reviewed and recorded by the Finance Division before the purchase is made.
1. Purchases of $10,000 or less require approval from a Division Manager.
2. Purchases from $10,001-$25,000 require approval from a Department Head.
3. Purchases from $25,001-$75,000 (except public projects and Federal Expenditures) require approval from a Department Head and the City Manager.
4. Federal Expenditure purchases from $10,001-$75,000 require approval from a Department Head.
5. Purchases greater than $75,000 (except public projects and Federal Expenditures) require approval from City Council.
6. Public project purchases from $25,001-$200,000 require approval from the City Manager.
Administrative Regulation No. 204, Purchasing, page 10
7. Public project purchases greater than $200,000 require approval from City Council.
8. Federal Expenditure purchases from $75,000-$250,000 require approval from the City Manager.
9. Federal Expenditure purchases greater than $250,000 require approval from City Council.
All P.O.s require approval from the Finance Director/Finance Division Manager or designee. All P.O.s will be reviewed by the Finance Division for compliance with the provision of the purchasing policy. Additionally, the Finance Division will review items not requiring a P.O. for compliance with the purchasing and other City policies. Items will be selected for review based on a cost benefit analysis.
Each department head shall provide the Finance Division with a copy of the department head’s signature and initials along with the signature and initials of each division manager and their associate authorization amount (not to exceed $10,000) on Finance Division provided approval authorization forms. Each department head is responsible for submitting an updated approval authorization form to the Finance Division each fiscal year, and at any time during the year when an employee with approval authorization is no longer employed by the City. The Finance Division will forward invoices with unauthorized or questionable approvals to the respective department head for their approval.
E. COMPETITIVE PROCUREMENT - To obtain the lowest costs for materials, supplies or services, all expenditure obligations of the City will be made with consideration for competitive pricing. To further ensure that the City does not enter into contracts with unqualified or otherwise incapable vendors, purchases and agreements should be entered into with the lowest responsible (rather than lowest price) provider.
1. For services, supplies, and equipment the following competitive procurement procedures apply based on the following dollar limits:
Administrative Regulation No. 204, Purchasing, page 11
1.1 $5,000 and under – Competitive Consideration
1.2 $5,001-$75,000 (except public projects) – Informal Bidding
1.3 Over $75,000 (except public projects) – Formal Bidding
1.4 Public Projects (includes water & sewer operations)
1.4.1 Under $60,000 – Competitive Consideration including the use of force accounts.
1.4.2 Over $60,000 but not over $200,000 – Informal Bidding
1.4.3 Over $200,000 – Formal Bidding
1.5 Expenditures of Federal Awards
1.5.1 $10,000 and less – Competitive Considerations
1.5.2 Over $10,000 but not over $250,000 – Informal Bidding
1.5.3 Over $250,000 – Formal Bidding
2. Competitive Consideration
For procurements not requiring competitive bidding, the procuring department personnel should use their judgement considering cost benefit regarding the spending of staff time versus the possible savings associated with obtaining the lowest price. These considerations are subject to department head review and no evidence of the consideration is required to be retained.
A. Informal Bidding Process
1. All departments must obtain at least three verbal or written competitive quotations for purchases unless doing so would not serve to benefit the City as outlined in requirement 4 below.
Quotations or reasons for not having quotations should be documented on a Bid Quotation Form, which will be submitted with the purchase order to the Finance Division. In situations where fewer than three bids are received, appropriate approval must be obtained from the Finance Director/Finance Division Manager or designee, if sufficient effort is not demonstrated to obtain the minimum quotes, additional effort may be required. The reason why three quotes could not be obtained must be documented. If the reason is based on a sole source provider consideration, so indicate.
2. Supporting documentation must include competitive price quotes obtained, names of vendors contacted and a description of the items required as applicable.
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3. Copies of written quotes must be retained by each department and must be produced based on request from the Finance Division.
4. In certain situations, staff may determine that obtaining quotations will not benefit the City. If a lack of a significant benefit can be demonstrated, the considerations should be documented and quotations are not required. Finance Division approval is required to make this determination. For example, if a replacement part is needed for a big piece of equipment, getting quotes for off brand parts may save some money. But if the equipment manufacturer has the exact replacement part, and using it will keep the integrity of the product warranty, if may be cost effective to use the manufacturer’s replacement part, even if it was more expensive..
B. Formal Bidding Process
1.Notice inviting bids - the department head responsible for the procurement requiring a formal bid shall give public notice inviting bids.
Public projects will be bid subject to the provisions of the La Verne Municipal code Chapter 13.40 and provisions of the Public Contract Code Section 22000 et seq. incorporated by reference herein.
2.Bid opening procedures - at the time provided in the notice inviting the bids, the City Clerk shall open all bids timely received and the Department Head inviting the bid shall award a contract to the lowest responsible bidder or submit the bid results with a recommended selection to the City Manager or Council for approval. If two or more bids are essentially the same and lowest price, the Department Head shall award or recommend the contract by drawing lots. If no bids are received, the department head should solicit bids again and take steps to increase the visibility of the public bid invitation in the target procurement marked. In the event that additional solicitation is deemed likely to result in no bids and no additional potential bidders can be identified, a search should be undertaken to identify a vendor who can provide the required service, supplies or equipment. That vendor can then be considered a sole source provider.
3.Determination of the lowest responsible and qualified bidder – a. In determining the lowest “responsive” bid, the following elements shall be considered in addition to price:
Administrative Regulation No. 204, Purchasing, page 13
1. A responsive bid is one which is in substantial conformance with the requirements of the invitation to bid, including specifications and the City’s contractual terms and conditions.
Bidders who substitute terms and conditions or who qualify their bids in such a manner as to nullify or limit their liability shall be considered non-responsive bidders.
2. Conformance with the requirements of the invitation to bid may also include providing proof of insurance, completing all forms, including references, and all other information as requested in the bid document.
3. The successful bidder must demonstrate the ability to successfully fulfill a contract, including rendering of subsequent and continuing service. Staff may request proof of a prospective bidder’s reliability. Prospective bidders may be requested to furnish proof of financial resources, a list of current or previous customers, and other pertinent data. Such action may also be taken after receipt of bids.
4. A bidder may be determined to be non-responsive if they fail to furnish proof of qualifications when required in a reasonable amount of time.
b. In determining the lowest “qualified” bidder, the following elements shall be considered in addition to price:
1. That the materials, supplies or services offered provide the quality, fitness, and capacity for the required usage.
2. That the bidder has the ability, capacity and skill to perform the contract satisfactorily and within the time required.
3. That the bidder’s experience(s) regarding past purchases by the City or other public agencies demonstrates the
reliability of the bidder to perform the contract.
4. Expected uses of City resources such as staff time to assist the selected bidder in fulfilling the contract should be considered. This will be a significant consideration when an existing vendor (now a bidder) has entity specific
knowledge that can be shown to decrease the use of City staff time (this consideration must be quantified and
documented in detail).
c. When a bid is recommended to be awarded to other than the lowest bidder, written justification is required. The written statement, signed by the appropriate Department Head, shall be attached to the purchase order and will be subject to review and approval by the Finance Director/Finance Division Manager or City Manager or their designees.
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4 City Council review and award of contract - City Council will receive a list of all responsive bidders along with the dollar amount of their respective bids. A summary of the justification for a selection other than for the lowest price will accompany the staff recommendation.
The final award of the contract requires City Council approval.
C. Other Bidding Procedures
1. Professional Service Contracts More Than $75,000 -
For contracts more than $75,000, the following provisions apply to procurement through the competitive proposal process:
a.Requests for proposals must be publicized and must identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;
b. Proposals must be solicited from an adequate number of qualified sources. For purposes of this policy, three solicitations is considered adequate provided that responses are reasonably expected from each solicitation;
c. A written method for conducting technical evaluations of the proposals received and for selecting recipients must be prepared; d. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the City, with price and other factors considered; and
e. The competitive proposal procedures must be for qualifications- based procurement of the service specified. For example, architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of the A/E professional services. It cannot be used to purchase other types of services through the A/E firm even though the A/E firm is a potential source to perform the unrelated effort.
2. Lease Transactions - in situations where the procuring department has the option to lease rather than purchase, an analysis of the costs shall be performed for both options. This analysis will be provided to the required level of approval and will be submitted with the P.O. to the Finance Division. Should the lease be more advantageous than a purchase, the lease agreement will be selected as the best option.
3. Disallowed Participants - City employees are prohibited from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract which
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might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration.
City vendors including engineering, consulting and legal services who advise or participate in process of determining procurement requirements or have influence over the procurement process are prohibited from bidding as a potential vendor for the contract.
F. OTHER PROCURMENT PROCEDURES - The City has a number of cooperative purchasing arrangements with various governmental agencies, as well as needing services from vendors and/or professional service firms which are not routinely available in competitive markets. Accordingly, certain forms of procurement and/or vendors will use procurement procedures outlined below:
1. Governmental Contracts: Purchases through federal, state, county or other governmental cooperative contracts when the supplies or services are not readily available from private industry.
2. Utility Companies: Billings from utility companies (i.e. electric, gas, water, telephone, communication, etc.)
3. Governmental Agencies: Billings from government agencies (i.e., post office, county and city fees and charges, school districts, etc.)
4. Specific Vendors: Any specific vendor(s) with similar characteristic to those outlined above as approved by the City Manager and Finance Director/Finance Division Manager whose listing is maintained on file by the Finance Division.
5. Emergency Projects: Emergency projects as provided for in Public Contract Code Sections 22035 and 22050.
6. Sole Source Providers: Certain services, supplies and or equipment are so significantly specialized in nature or geographically constrained (outside of 30 miles if item cannot be shipped) that only a single provider is available to the City. Should the situation arise that a vendor is identified as a sole source provider, the competitive process is not required. In such cases, a detailed description of the service and specific justification needs to be provided for retention and review. The adequacy and exercise of this provision is subject to review and approval by the City Manager or Finance Director/Finance Division Manager or their designees regardless of dollar amount.
Administrative Regulation No. 204, Purchasing, page 16
7. Brand Continuity: In many instances, particularly vehicles maintained by the City, maintenance costs have a significant effect on overall cost beyond the purchase price. To minimize maintenance costs, the City will often maintain parts inventories and tools for a single brand such as Ford. Procuring parts and tools for an alternative brand may increase maintenance costs significantly which would preclude the lowest price brand alternative from being the lowest cost alternative. In instances where consistently purchasing a specific brand, will lower maintenance costs, brand continuity should be considered in determining the lowest bidder.
8. Professional Services: Contracts and Agreements with private architects, engineering, land surveying, consulting, construction project management firms or other services reliant on the professional expertise, reputation and knowledge in accordance with Government Code 4525-4529.5, shall follow procedures assuring that these services are engaged on the basis of demonstrated competence and qualifications for the type of services to be performed and at fair and reasonable prices to the City. The mechanism for procurement of professional service contracts is through the use of competitive proposals. The proposals should either be requests for proposals (“RFP’s”), or requests for qualifications (“RFQ’s”). Approval requirements still apply based on total contract dollar value. a. Professional Service Contracts Less Than or Equal to $75,000 Professional services contracts may be difficult to evaluate and often are entered into based on known expertise and for a specific purpose. Going through a competitive bidding process for smaller contracts is time consuming and utilizes significantly more City resources through staff time than formal competitive bidding procedures generate in savings. Contracts $75,000 and less in total are considered smaller contracts for this consideration. Such contracts are not subject to formal bidding procedures and will be solicited through an RFQ process utilizing competitive
consideration.
b. Professional Service Contracts Greater Than $75,000
Professional service contracts that are not for a set amount and are so closely tied to the individual contracted that the same result would not be expected should the contract be competitively bid (services dependent on the individual contracted), do not have to be competitively bid. Prime examples of this include the City Attorney, City Engineer and certain consulting contracts that actually substitute for employment positions. The contracted services must be tied directly to an individual. A listing of such contracts will be maintained by the Finance Division and will be
Administrative Regulation No. 204, Purchasing, page 17
approved by the City Manager and Finance Director/Finance Division Manager or their designees.
9. Required Re-bidding: All contracts are subject to informal or formal re- bidding (depending on dollar amount) at a minimum of every five years with the following exceptions:
a. Public works projects which are subject to the provisions of Public Contract Code Section 22037.
b. Personal service contracts that are not for a set amount and are so closely tied to the individual contracted that the same result would not be expected should the contract be changed. Prime examples of this include the City Attorney, City Engineer and certain consulting contracts that actually substitute for employment positions, e.g. a consultant serving as the Assistant to the City Manager. A listing of such contracts will be maintained by the Finance Division and will be approved by the City Manager and Finance Director/Finance Division Manager or their
designees.
10.Cooperative Purchases (Piggyback): In certain instances, the City will have access to the results of another local government’s competitive procurement process, e.g. the City of Monrovia recently purchased an ambulance with largely the same specifications as an anticipated ambulance purchase by the City of La Verne. In this instance, the results of the procurement process from the City of Monrovia can be used in selecting the same lowest responsible bidder. To use this option, the procuring department needs to provide the Finance Division with the full bid results and enough supporting documentation to show that a process was undertaken by the cooperative agency that is consistent in scope and sophistication with the City of La Verne procurement process. For example, if the dollar thresholds require formal bidding in the La Verne purchasing policy, the cooperating agency will have to have undertaken a formal bidding process and have obtained the applicable minimum responses. If the process is not substantially the same as that required in the City of La Verne policy or sufficient documentation including the bidders, bid amounts received, equivalent approval level and selected vendor cannot be obtained, this provision cannot be used.
G. RENEWING EXISTING CONTRACTS/AGREEMENTS -
After a contract or agreement has been awarded, whether through a competitive or non-competitive process, the opportunity may exist for the City to extend the contract after the initial termination date.
Administrative Regulation No. 204, Purchasing, page 18
Contracts that allow the City to extend the termination date one or more years may be done so if they meet the following criteria:
Length of
Contract
Can be Renewed Without
Rebidding if Certain
Criteria is Met *
Bidding Procedures Must
be Followed
Annual Can be renewed for four
consecutive years
After five years, formal or
informal bidding procedures
must be followed
Two year Can be renewed for three
additional years
After five years, formal or
informal bidding procedures
must be followed
Three year Can be renewed for two
additional years
After five years, formal or
informal bidding procedures
must be followed
Four year Can be renewed for one
additional year
After five years, formal or
informal bidding procedures
must be followed
Five year Cannot be renewed
Formal or informal bidding
procedures must be followed
* Criteria For Contracts to be Renewed Without Formal or Informal Bidding Procedures
At least one of the following criteria must be met during each fiscal year in order for a contract to be extended:
1. Survey of other cities (minimum two), to determine if the service or product is acceptable to them.
2. Any requested price increase for the upcoming fiscal year is equal to or less than the annual consumer price index (“CPI”) for the local economic region (Los Angeles, Orange, Riverside Counties), for the month of March of the current year.
3. Statement indicating exceptional performance, with specifics, by the vendor or consultant signed by the Department Head.
Considerations for renewing existing contracts:
1. It would take a significant amount of staff time to develop a Request for Qualifications/Proposals (RFQ/RFP), evaluate proposals received, conduct interviews, and select a proposer. This is also true for firms preparing proposals.
Administrative Regulation No. 204, Purchasing, page 19
2. Certain consulting services are essentially an extension of our City staff.
Strong working relationships developed over many years are invaluable to the organization.
3. Bringing on a new consultant, similar to a new employee, requires training, community exposure, operational introductions, etc. to gain familiarity with the community and our operating practices, which can take a substantial amount of time.
4. Responsible City staff monitor services provided and review all invoices submitted by our various consultants and will question anything that appears unusual as part of our checks and balances.
5. City staff also maintains an awareness of services provided to and costs expended by other local agencies.
6. If the services provided meet our expectations and the costs are reasonable when compared to the services rendered, there potentially is no value added by seeking out a replacement firm.
H. ENVIRONMENTALLY PREFERRED PURCHASING GUIDELINES - In accordance with Resolution No. 93-89, the City shall purchase and use materials, products and services which are fiscally responsible, reduce resource consumption and waste, promote opportunities to lesser- advantaged segments of our community, perform adequately, and promote human health and well-being. The following factors shall be considered in selecting products.
1. The City shall seek opportunities to encourage and influence markets for environmentally preferable products through employee education; supporting pilot testing of potential new products; adopting innovative product standards, specifications, and contracts; leveraging citywide buying expertise and buying-power; and embarking on cooperative ventures with other jurisdictions where feasible.
2. Each department shall use, where feasible, products that perform and have the least damaging/most beneficial environmental impact, including new environmentally preferable products, reusable products, recycled content, and recycled products.
3. Each Department Head shall promote, whenever practicable, its vendors’, contractors’, and consultants’ use recycled-content paper on documents submitted to the City and to use other environmentally preferable/sustainable products, as appropriate.
4. The City shall encourage opportunities to cooperate with other jurisdictions to enhance markets for environmentally
preferable/sustainable products, to obtain favorable prices, and to reduce waste packaging and product by combining
Administrative Regulation No. 204, Purchasing, page 20
purchases/contracting for the same or similar products; and promote the use of recycled-content products, recyclable products, and other environmentally preferable/sustainable products to potential vendors to the City by publicizing their availability.
_________________________________ __________________________ City Manager Date
Administrative Regulation No. 204, Purchasing, page 21
Exhibit A
Illustrative Approval and Competitive Procurement Levels (General Purchasing)
Claim form with proper back up documentation
Competitive consideration
Approval by division manager
P.O. required
Formal bid
Approval by City Council
P.O. required
Informal bid
Approval by division manager
TYPE CATEGORY FEATURES
GENERAL
PURCHASES
1 $0 TO $5,000
$5,001 TO $10,000
$75,000 OR MORE
$10,001 TO $25,000 P.O. required
Informal bid
Approval by department head
P.O. required
Informal bid
Approval by City Manager
$25,001 TO $75,000
Administrative Regulation No. 204, Purchasing, page 22
Illustrative Approval and Competitive Procurement Levels (Public Projects) Claim form with proper back up documentation
Competitive consideration
Approval by division manager
P.O. required
Formal bidding
Approval by City Council
P.O. required
Competitive consideration
Approval by division manager
TYPE CATEGORY FEATURES
PUBLIC
PROJECTS
$0 TO $5,000
$5,001 TO $10,000
$200,000 OR MORE
$10,001 TO $60,000
P.O. required
Competitive consideration
Approval by department head
$60,001 TO $200,000
P.O. required
Informal bidding
Approval by City Manager
Administrative Regulation No. 204, Purchasing, page 23
Illustrative Approval and Competitive Procurement Levels (Federal Expenditures)
TYPE CATEGORY FEATURES
Federal
Expenditures
2 $0 TO $5,000
$5,001 TO $10,000
$250,000 OR MORE
$75,001 TO $250,000
$10,001 TO $75,000
P.O. required
Formal bidding
City Council approval
P.O required
Competitive consideration
Approval by division manager
P.O. required
Informal bidding
City Manager approval
Claim form with proper back up documentation
Competitive consideration
Approval by division manager
P.O required
Informal bidding
Approval by department head
NUMBER: 204 ISSUED: 5-1-98
EFFECTIVE DATE: 91-16-202419 REVISED: 10-07, 5-14, 11-14, 11-18 SUBJECT:PURCHASING POLICY 11-20
I. PURPOSE: To provide an efficient system for procuring services, supplies and equipment while maintaining appropriate controls.
II. GENERAL POLICY: The City utilizes a decentralized purchasing system. Any official or employee who is required to purchase services, supplies or equipment on behalf of the City for their department shall use purchasing practices set forth in this document. It is the responsibility of each department to solicit selected vendors in order to purchase or contract for services, supplies, and equipment in an economic and prudent manner. The City desires to procure the best quality in services, supplies, and equipment at the least expense; and expects each department to supervise the inspection of all purchases to ensure conformance with specifications. All purchases are subject to budgetary limitations and department approval. Departments are strongly encouraged to use local vendors whenever economically feasible.
City funds can be obligated through five different methods:
•Petty Cash (included in separate Administrative Regulation) •Credit Card Payments (included in separate Administrative Regulation) •Claim Forms
•Purchase Orders
•Contracts
Purchases or transactions which financially obligate the City should be preceded by the issuance of a purchase order (P.O.), unless there is an executed contract or blanket P.O. in effect between the City and the vendor, or if the transaction with the vendor is for purchase(s) under $5,000.
Approval Requirements - Each method of obligation is subject to specific levels of approval depending on the dollar amount of the purchase, and all methods are subject to review for compliance with this policy by the Finance Director/Finance Division Manager or designee.
Competitive Procurement - All purchases are subject to best value and competitive purchasing considerations as outlined in this policy.
Administrative Regulation No. 204, Purchasing, page 2
No employee, officer, or agent of the City shall solicit or accept gratuities, favors, or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub-agreements, except where the financial interest is considered clearly inconsequential. All City officials, employees and agents are prohibited from the solicitation or acceptance of gratuities, favors, or anything of monetary value from any person or entity for performance of their official duties, including issuance, review, and awarding of solicitations. This restriction not only applies to the City employee, officer, or agent, but also to that person’s spouse or any entity in which that person or their spouse have a direct ownership interest.
III. PROVISIONS:
A. METHODS OF OBLIGATION -
1. Petty Cash: Petty cash funds shall be maintained and expended in compliance with City of La Verne Administrative Regulation 203.
2. Credit Cards: Credit cards shall be authorized and used in compliance with City of La Verne Administrative Regulation 214.
3. Claim Forms: Claim forms (or other similar representations) will be accepted for purchases not requiring a P.O. The documents must have the appropriate bill included and contain the appropriate authorizing signatures.
The form (or representation) must include vendor name, address, description and proper account codes on the form..
4. Purchase Orders: The purchase order provides a means of encumbering funds which reserves a portion of an appropriation until actual payment is made. Under the purchase order system, it is assumed that there will be a time lag between the time the order is placed and the time of delivery. In order to ensure that all terms and conditions of the purchase order are met by the vendor, payment is not made by the City until the services and supplies have been received as ordered and an invoice is received from the vendor.
Purchase Order Distribution And Tracking – The Finance Division shall distribute numerically sequenced batches of purchase orders to departments and shall maintain a control log of all purchase orders issued, voided, and unused. Periodically, the departments shall be required to account for any gaps in the control number sequences. A purchase order shall specify date, the vendor name and address, the purchase price including freight, a detailed description of the transaction and all applicable taxes along with the appropriate account coding on copy #2 (yellow).
Administrative Regulation No. 204, Purchasing, page 3
1 After a purchase order is filled out, it must be sent to the Finance Division.
After the Finance Division has approved and recorded the purchase order, the signed copies will be returned to the appropriate department. A purchase order has four copies. Copy #1 (white) is to be sent to the vendor by the department requesting services or supplies, Copy #2 (yellow) remains in the Finance Division and Copy #3 (pink) remains in the department until the goods are received. Once received, Copy #3 is signed off by the appropriate person and forwarded to Finance with the invoice.
Copy #4 (goldenrod) is to remain in the department’s files for their future reference.
It is the responsibility of the department requesting the purchase to ensure there are adequate budgeted funds to cover the purchase.
Estimations – In the event the purchase price cannot be precisely stated, it will be stated as an estimate and so noted. All purchase orders will be valid at face value plus 15%. Any actual purchase price over the P.O. amount plus 15% must be accompanied by a properly approved claim form or P.O. for the difference depending on the dollar amount of the overage.
Confirming Purchase Order – If an emergency arises and it is impractical given the urgency to protect City property or interests to obtain a P.O. prior to making the purchase or placing an order, a confirming P.O. should be completed as soon as possible. The P.O. will include all information as above and the word “CONFIRMING” should be printed in the Date Required area. Additionally a description should be provided indicating the reason for using a confirming rather than standard P.O. All confirming purchase orders over $10,000 must be signed by the City Manager or designee.
Blanket Purchase Orders: Each department shall receive a list of blanket purchase orders authorized and issued for the fiscal year. When it is anticipated that several deliveries or purchases will be made from the same vendor during a fiscal year, the Finance Director/Finance Division Manager may issue a blanket purchase order that is valid only for the current fiscal year. Blanket purchase orders shall be reviewed annually and if the requirement continues, they will be renewed. Related bills may be coded and signed directly on invoices and submitted to Finance for payment. If a purchase is over the blanket limit, a claim form or new P.O. should be prepared and approved for the entire purchase amount.
5. Contracts/Agreements: City funds can be obligated through the execution of contracts when a contract is the necessary legal means of forming an agreement with a vendor. Contracts are subject to the approval process (section D), competitive procurement procedures (section E), other procurement procedures (section F), and renewing existing contracts (Section G). Executed contracts will be retained on file in the City Clerk’s
Administrative Regulation No. 204, Purchasing, page 4
Office and a copy of the signed copy supplied to the Finance Division. For executed contracts, pertinent information can be coded and signed directly on the invoice by the department head before the invoice is turned in to the Finance Division for processing. A purchase order will be issued for internal purposes only.
Change orders: During the course of capital improvement projects and/or professional services engagements, unanticipated costs may arise. To cover these additional costs, change orders will be requested by vendors for the costs exceeding the original contract amount. Change order approvals are required based on the following:
1. Change orders that exceed 10% of the original contract not to exceed $25,000 in total with the original contract. Require Department head approval.
2. Change orders that exceed the greater of 10% of the original contract or $50,000. City Manager approval is required. Total contract plus change order cannot exceed City Manager approval authority.
3. All other change orders are subject to the same method of approval required for the initial contract. For example, if the contract required and received City Council approval, City Council approval is required for the change order.
4. For quantity based or unit price contracts where the bid was based on an estimated quantity or number of units, change orders can be approved by the department head for the final quantity or number of units to complete the initially proposed project. Approval based on the above criteria is required if the scope of the project is changed from the initially presented scope of work.
The above threshold considers change orders cumulatively. A reasonable effort must be made to anticipate all additional change orders to determine the total before a change order is approved. Written documentation of the considerations must be maintained and submitted to the Finance Division.
For example, if a change order is requested for $14,000 and another change order is anticipated for $95,000 on a $1,000,000 contract (10% is $100,000); City Council approval is required for both change orders (this presumes both change orders were reasonably anticipated). If the additional change order ($95,000) was not anticipated, Department Head Approval would be required on the $14,000 change order and Council approval on the $95,000 change order. The change order that cumulatively exceeds the threshold requires the same level of approval as the initial contract, irrespective of amount.
Contract Amount: Contract amounts should be the total amount the City is obligated or expected to be obligated for over the length of the project or service agreement. Total consideration also includes anticipated savings
Administrative Regulation No. 204, Purchasing, page 5
and contractual amounts paid based on those anticipated savings, e.g. the City is obligated to pay the vendor under the terms of the contract if the vendor provides savings to the City as a result of the work performed.
Contract amounts for approval and competitive procurement procedure purposes include the total obligation of the contract irrespective of contract length. If the contract is not for a fixed amount or a fixed amount is unlikely to be accurate, an estimated total contract price must be estimated in writing and included with the contract. Contracts should be undertaken with the broadest practical scope of work to obtain the most economical pricing. It is prohibited for any City officer or employee to divide up a project by entering into multiple smaller contracts for portions of a project to avoid approval and competitive procurement procedures.
For contracts that contain a clause allowing for unspecified or high dollar additional expenditures, subsequent expenditures made under that clause in the contract will be individually subject to approval thresholds outlined in section E of this policy. For example, a maintenance contract that specifies an amount for monthly routine maintenance but allows for additional expenditures would require separate approval based on dollar amount for additional items procured under the contract outside of the monthly routine maintenance charges. Expenditures made under such a provision must be in character the same type of service, supplies or equipment specified in the contract, e.g. heating/air conditioning units could not be purchased under a maintenance contract even if that vendor sold heating/air conditioning units since the new units are capital in nature and do not represent maintenance items under the maintenance contract.
B. FEDERAL FUNDS REQUIREMENTS - All expenditures of federal awards shall be made pursuant to the federal General Procurement Standards outlined in 2 CFR Sections 200.318 – 200.326 including applicable contract provisions under CFR Appendix II to Part 200 (FD Standards).
Code of Conduct
1. No employee, officer, or agent of the City shall participate in the selection, award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is or would be involved.
Such a conflict could arise if the employee, officer, or agent; any member of his/her immediate family; his/her partner; or an organization which employs (or is about to employ) any of the above, has a financial or other interest or a tangible personal benefit from a firm considered for a contract. All employees, officers, or agents of the City participating in the selection, award, or administration of a contract supported by Federal funds must execute a disclosure certifying that they do not possess a conflict of interest involving any of the respondents and are required to
Administrative Regulation No. 204, Purchasing, page 6
submit a standard disclosure form to identify any potential conflicts of interest. CFR Reference: 2CFR 200.318(c)(1).
A cost reasonableness analysis and documentation is required for every RFQ or RFP (competitive negotiations) where price competition is not the main evaluation factor. This analysis must be completed before awarding the contract. A cost analysis is the evaluation of separate elements (e.g. labor, materials, profit, etc.) that make up a contractor's total cost proposal or price to determine if they are allowable, directly related to the requirement, and, ultimately, reasonable. Cost reasonableness analysis is used when there is no price competition or when price competition is not the only evaluation factor, such as procuring architectural and engineering (A/E), professional, consulting, or program administrator services.
The City will take all necessary steps to assure that minority businesses, women-owned business enterprises, and labor surplus area firms are used when possible. It is the policy of the City to practice nondiscrimination based on social and economic disadvantage, race, color, gender, disability and national origin in the award and performance of contracts.
The City will explore the feasibility to enter into State and local intergovernmental agreements or cooperative endeavor agreements, where appropriate, for procurement or use of common goods and services in order to foster greater economy and efficiency in accordance with efforts to promote cost-effective use of shared services. The City will also explore the use of Federal excess and surplus property in lieu of purchasing new equipment and property if feasible and if it reduces project costs.
Prior to purchasing goods or services with Federal funds, departments must perform a search on the System for Award Management (SAM) website to determine that the vendor has not been debarred or suspended from participation in federal programs. This shall be done by logging onto www.sam.gov and performing a search of the vendor.
The results shall be printed and submitted to Finance with the invoice payment request. No award shall be given to a vendor who is debarred or suspended at the time of the award. This vendor search applies to the purchase of goods or services which total $25,000 or more. CFR Reference: 2 CFR 200.318(c)(1).
Compliance with federal grant provisions is the responsibility of the City department facilitating the procurement, but is subject to review and approval by the Finance Director/Finance Division Manager or designee.
Administrative Regulation No. 204, Purchasing, page 7
Contract Inclusion Provisions
1.Davis-Bacon Act: All prime construction contracts funded or partially funded with federal awards in excess of $2,000 awarded by the City must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The City shall report all suspected or reported violations to the Federal awarding agency. CFR Reference: 2 CFR Appendix II Part 200(D).
2.Copeland “Anti-Kickback” Act: All contracts must include provisions for compliance with the Copeland ‘‘Anti-Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that each contractor or sub recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City shall report all suspected or reported violations to the Federal awarding agency. CFR Reference: CFR Appendix II Part 200(D).
3.Contract Work Hours and Safety Standards Act: All contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available
Administrative Regulation No. 204, Purchasing, page 8
on the open market, or contracts for transportation or transmission of intelligence. CFR Reference: 2 CFR Appendix II Part 200(E).
4.Byrd Anti Lobbying Amendment: Contractors applying or bidding for an award of $100,000 or more must file the required Byrd Anti-Lobbying Amendment certification and ensure each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the non-Federal award. CFR Reference: 2 CFR Appendix II Part 200 (J).
5.Bonding requirements: Procurements with Federal funds will include the minimum bonding requirements listed below:
To be submitted with the bidding documents:
A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. CFR Reference 2 CFR 200.325(a)
The bid bond or other security may be enclosed with the other bid documents submitted by a bidder and need not be submitted in a separate envelope attached to the envelope enclosing the other bid documents.
To be submitted at time of contract award:
A performance bond on the part of the contractor for 100 percent of the contract price. “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. CFR Reference: 2 CFR 200.325(b)
A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. CFR Reference: 2 CFR 200.325(c)
Administrative Regulation No. 204, Purchasing, page 9
C. PUBLIC PROJECTS - Public projects are projects defined in Public Contract Code Section 22002. Projects for construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work including painting and repainting involving any publicly owned, lease or operated facility is considered a Public Project. Public projects are subject to specific bidding requirements outlined in section E of this policy. Public projects are also subject to the approval requirements outlined in section D of this policy.
Informal bids can be obtained for public projects, and change orders on informal contracts up to the limits set forth in Section 22032(b) (currently $60,000, adjusted periodically by California State Legislature for inflation).
When expenditures required for a public project exceed the limits established in Section 22032(c) (currently $200,000, adjusted periodically by California State Legislaturefor inflation) of the Public Contract Code, let to contract by formal bidding procedures. The City Council, in awarding public project contracts, shall adhere to all provisions of the State Labor Code pertaining to public projects.
D. APPROVAL REQUIREMENTS - All services, supplies and equipment, (except professional services contracts, see Section F, subsection 8).
All purchase orders or equivalent documentation must be approved and signed in accordance with the purchasing Approval Requirements and be reviewed and recorded by the Finance Division before the purchase is made.
1. Purchases of $10,000 or less require approval from a Division Manager.
2. Purchases from $10,001-$25,000 require approval from a Department Head.
3. Purchases from $25,001-$75,000 (except public projects and Federal Expenditures) require approval from a Department Head and the City Manager.
3.4. Federal Expenditure purchases from $10,001-$75,000 require approval from a Department Head.
4.5. Purchases greater than $75,000 (except public projects and Federal Expenditures) require approval from City Council.
5.6. Public project purchases from $25,001-$21005,000 require approval from a Department Head and the City Manager.
Administrative Regulation No. 204, Purchasing, page 10
7. Public project purchases greater than $200125,000 require approval from City Council.
8. Federal Expenditure purchases from $75,000-$250,000 require approval from the City Manager.
6.9. Federal Expenditure purchases greater than $250,000 require approval from City Council.
All P.O.s require approval from the Finance Director/Finance Division Manager or designee. All P.O.s will be reviewed by the Finance Division for compliance with the provision of the purchasing policy. Additionally, the Finance Division will review items not requiring a P.O. for compliance with the purchasing and other City policies. Items will be selected for review based on a cost benefit analysis.
Each department head shall provide the Finance Division with a copy of the department head’s signature and initials along with the signature and initials of each division manager and their associate authorization amount (not to exceed $10,000) on Finance Division provided approval authorization forms. Each department head is responsible for submitting an updated approval authorization form to the Finance Division each fiscal year, and at any time during the year when an employee with approval authorization is no longer employed by the City. The Finance Division will forward invoices with unauthorized or questionable approvals to the respective department head for their approval.
E. COMPETITIVE PROCUREMENT - To obtain the lowest costs for materials, supplies or services, all expenditure obligations of the City will be made with consideration for competitive pricing. To further ensure that the City does not enter into contracts with unqualified or otherwise incapable vendors, purchases and agreements should be entered into with the lowest responsible (rather than lowest price) provider.
1. For services, supplies, and equipment the following competitive procurement procedures apply based on the following dollar limits:
Administrative Regulation No. 204, Purchasing, page 11
1.1 $5,000 and under – Competitive Consideration
1.2 $5,001-$75,000 (except public projects) – Informal Bidding
1.3 Over $75,000 (except public projects) – Formal Bidding
1.4 Public Projects (includes water & sewer operations)
1.4.1 Under $60,000 – Competitive Consideration including the use of force accounts.
1.4.2 Over $60,000 but not over $200,000 – Informal Bidding
1.4.3 Over $200,000 – Formal Bidding
1.5 Expenditures of Federal Awards
1.5.1 $10,000 and less – Competitive Considerations
1.5.2 Over $10,000 but not over $250,000 – Informal Bidding
1.5.3 Over $250,000 – Formal Bidding
2. Competitive Consideration
For procurements not requiring competitive bidding, the procuring department personnel should use their judgement considering cost benefit regarding the spending of staff time versus the possible savings associated with obtaining the lowest price. These considerations are subject to department head review and no evidence of the consideration is required to be retained.
A. Informal Bidding Process
1. All departments must obtain at least three verbal or written competitive quotations for purchases unless doing so would not serve to benefit the City as outlined in requirement 4 below.
Quotations or reasons for not having quotations should be documented on a Bid Quotation Form, which will be submitted with the purchase order to the Finance Division. In situations where fewer than three bids are received, appropriate approval must be obtained from the Finance Director/Finance Division Manager or designee, if sufficient effort is not demonstrated to obtain the minimum quotes, additional effort may be required. The reason why three quotes could not be obtained must be documented. If the reason is based on a sole source provider consideration, so indicate.
2. Supporting documentation must include competitive price quotes obtained, names of vendors contacted and a description of the items required as applicable.
Administrative Regulation No. 204, Purchasing, page 12
3. Copies of written quotes must be retained by each department and must be produced based on request from the Finance Division.
4. In certain situations, staff may determine that obtaining quotations will not benefit the City. If a lack of a significant benefit can be demonstrated, the considerations should be documented and quotations are not required. Finance Division approval is required to make this determination. For example, if a replacement part is needed for a big piece of equipment, getting quotes for off brand parts may save some money. But if the equipment manufacturer has the exact replacement part, and using it will keep the integrity of the product warranty, if may be cost effective to use the manufacturer’s replacement part, even if it was more expensive..
B. Formal Bidding Process
1.Notice inviting bids - the department head responsible for the procurement requiring a formal bid shall give public notice inviting bids.
Public projects will be bid subject to the provisions of the La Verne Municipal code Chapter 13.40 and provisions of the Public Contract Code Section 22000 et seq. incorporated by reference herein.
2.Bid opening procedures - at the time provided in the notice inviting the bids, the City Clerk shall open all bids timely received and the Department Head inviting the bid shall award a contract to the lowest responsible bidder or submit the bid results with a recommended selection to the City Manager or Council for approval. If two or more bids are essentially the same and lowest price, the Department Head shall award or recommend the contract by drawing lots. If no bids are received, the department head should solicit bids again and take steps to increase the visibility of the public bid invitation in the target procurement marked. In the event that additional solicitation is deemed likely to result in no bids and no additional potential bidders can be identified, a search should be undertaken to identify a vendor who can provide the required service, supplies or equipment. That vendor can then be considered a sole source provider.
3.Determination of the lowest responsible and qualified bidder – a. In determining the lowest “responsive” bid, the following elements shall be considered in addition to price:
Administrative Regulation No. 204, Purchasing, page 13
1. A responsive bid is one which is in substantial conformance with the requirements of the invitation to bid, including specifications and the City’s contractual terms and conditions.
Bidders who substitute terms and conditions or who qualify their bids in such a manner as to nullify or limit their liability shall be considered non-responsive bidders.
2. Conformance with the requirements of the invitation to bid may also include providing proof of insurance, completing all forms, including references, and all other information as requested in the bid document.
3. The successful bidder must demonstrate the ability to successfully fulfill a contract, including rendering of subsequent and continuing service. Staff may request proof of a prospective bidder’s reliability. Prospective bidders may be requested to furnish proof of financial resources, a list of current or previous customers, and other pertinent data. Such action may also be taken after receipt of bids.
4. A bidder may be determined to be non-responsive if they fail to furnish proof of qualifications when required in a reasonable amount of time.
b. In determining the lowest “qualified” bidder, the following elements shall be considered in addition to price:
1. That the materials, supplies or services offered provide the quality, fitness, and capacity for the required usage.
2. That the bidder has the ability, capacity and skill to perform the contract satisfactorily and within the time required.
3. That the bidder’s experience(s) regarding past purchases by the City or other public agencies demonstrates the
reliability of the bidder to perform the contract.
4. Expected uses of City resources such as staff time to assist the selected bidder in fulfilling the contract should be considered. This will be a significant consideration when an existing vendor (now a bidder) has entity specific
knowledge that can be shown to decrease the use of City staff time (this consideration must be quantified and
documented in detail).
c. When a bid is recommended to be awarded to other than the lowest bidder, written justification is required. The written statement, signed by the appropriate Department Head, shall be attached to the purchase order and will be subject to review and approval by the Finance Director/Finance Division Manager or City Manager or their designees.
Administrative Regulation No. 204, Purchasing, page 14
4 City Council review and award of contract - City Council will receive a list of all responsive bidders along with the dollar amount of their respective bids. A summary of the justification for a selection other than for the lowest price will accompany the staff recommendation.
The final award of the contract requires City Council approval.
C. Other Bidding Procedures
1. Professional Service Contracts More Than $75,000 -
For contracts more than $75,000, the following provisions apply to procurement through the competitive proposal process:
a.Requests for proposals must be publicized and must identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;
b. Proposals must be solicited from an adequate number of qualified sources. For purposes of this policy, three solicitations is considered adequate provided that responses are reasonably expected from each solicitation;
c. A written method for conducting technical evaluations of the proposals received and for selecting recipients must be prepared; d. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the City, with price and other factors considered; and
e. The competitive proposal procedures must be for qualifications- based procurement of the service specified. For example, architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of the A/E professional services. It cannot be used to purchase other types of services through the A/E firm even though the A/E firm is a potential source to perform the unrelated effort.
2. Lease Transactions - in situations where the procuring department has the option to lease rather than purchase, an analysis of the costs shall be performed for both options. This analysis will be provided to the required level of approval and will be submitted with the P.O. to the Finance Division. Should the lease be more advantageous than a purchase, the lease agreement will be selected as the best option.
3. Disallowed Participants - City employees are prohibited from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract which
Administrative Regulation No. 204, Purchasing, page 15
might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration.
City vendors including engineering, consulting and legal services who advise or participate in process of determining procurement requirements or have influence over the procurement process are prohibited from bidding as a potential vendor for the contract.
F. OTHER PROCURMENT PROCEDURES - The City has a number of cooperative purchasing arrangements with various governmental agencies, as well as needing services from vendors and/or professional service firms which are not routinely available in competitive markets. Accordingly, certain forms of procurement and/or vendors will use procurement procedures outlined below:
1. Governmental Contracts: Purchases through federal, state, county or other governmental cooperative contracts when the supplies or services are not readily available from private industry.
2. Utility Companies: Billings from utility companies (i.e. electric, gas, water, telephone, communication, etc.)
3. Governmental Agencies: Billings from government agencies (i.e., post office, county and city fees and charges, school districts, etc.)
4. Specific Vendors: Any specific vendor(s) with similar characteristic to those outlined above as approved by the City Manager and Finance Director/Finance Division Manager whose listing is maintained on file by the Finance Division.
5. Emergency Projects: Emergency projects as provided for in Public Contract Code Sections 22035 and 22050.
6. Sole Source Providers: Certain services, supplies and or equipment are so significantly specialized in nature or geographically constrained (outside of 30 miles if item cannot be shipped) that only a single provider is available to the City. Should the situation arise that a vendor is identified as a sole source provider, the competitive process is not required. In such cases, a detailed description of the service and specific justification needs to be provided for retention and review. The adequacy and exercise of this provision is subject to review and approval by the City Manager or Finance Director/Finance Division Manager or their designees regardless of dollar amount.
Administrative Regulation No. 204, Purchasing, page 16
7. Brand Continuity: In many instances, particularly vehicles maintained by the City, maintenance costs have a significant effect on overall cost beyond the purchase price. To minimize maintenance costs, the City will often maintain parts inventories and tools for a single brand such as Ford. Procuring parts and tools for an alternative brand may increase maintenance costs significantly which would preclude the lowest price brand alternative from being the lowest cost alternative. In instances where consistently purchasing a specific brand, will lower maintenance costs, brand continuity should be considered in determining the lowest bidder.
8. Professional Services: Contracts and Agreements with private architects, engineering, land surveying, consulting, construction project management firms or other services reliant on the professional expertise, reputation and knowledge in accordance with Government Code 4525-4529.5, shall follow procedures assuring that these services are engaged on the basis of demonstrated competence and qualifications for the type of services to be performed and at fair and reasonable prices to the City. The mechanism for procurement of professional service contracts is through the use of competitive proposals. The proposals should either be requests for proposals (“RFP’s”), or requests for qualifications (“RFQ’s”). Approval requirements still apply based on total contract dollar value. a. Professional Service Contracts Less Than or Equal to $75,000 Professional services contracts may be difficult to evaluate and often are entered into based on known expertise and for a specific purpose. Going through a competitive bidding process for smaller contracts is time consuming and utilizes significantly more City resources through staff time than formal competitive bidding procedures generate in savings. Contracts $75,000 and less in total are considered smaller contracts for this consideration. Such contracts are not subject to formal bidding procedures and will be solicited through an RFQ process utilizing competitive
consideration.
b. Professional Service Contracts Greater Than $75,000
Professional service contracts that are not for a set amount and are so closely tied to the individual contracted that the same result would not be expected should the contract be competitively bid (services dependent on the individual contracted), do not have to be competitively bid. Prime examples of this include the City Attorney, City Engineer and certain consulting contracts that actually substitute for employment positions. The contracted services must be tied directly to an individual. A listing of such contracts will be maintained by the Finance Division and will be
Administrative Regulation No. 204, Purchasing, page 17
approved by the City Manager and Finance Director/Finance Division Manager or their designees.
9. Required Re-bidding: All contracts are subject to informal or formal re- bidding (depending on dollar amount) at a minimum of every five years with the following exceptions:
a. Public works projects which are subject to the provisions of Public Contract Code Section 22037.
b. Personal service contracts that are not for a set amount and are so closely tied to the individual contracted that the same result would not be expected should the contract be changed. Prime examples of this include the City Attorney, City Engineer and certain consulting contracts that actually substitute for employment positions, e.g. a consultant serving as the Assistant to the City Manager. A listing of such contracts will be maintained by the Finance Division and will be approved by the City Manager and Finance Director/Finance Division Manager or their
designees.
10.Cooperative Purchases (Piggyback): In certain instances, the City will have access to the results of another local government’s competitive procurement process, e.g. the City of Monrovia recently purchased an ambulance with largely the same specifications as an anticipated ambulance purchase by the City of La Verne. In this instance, the results of the procurement process from the City of Monrovia can be used in selecting the same lowest responsible bidder. To use this option, the procuring department needs to provide the Finance Division with the full bid results and enough supporting documentation to show that a process was undertaken by the cooperative agency that is consistent in scope and sophistication with the City of La Verne procurement process. For example, if the dollar thresholds require formal bidding in the La Verne purchasing policy, the cooperating agency will have to have undertaken a formal bidding process and have obtained the applicable minimum responses. If the process is not substantially the same as that required in the City of La Verne policy or sufficient documentation including the bidders, bid amounts received, equivalent approval level and selected vendor cannot be obtained, this provision cannot be used.
G. RENEWING EXISTING CONTRACTS/AGREEMENTS -
After a contract or agreement has been awarded, whether through a competitive or non-competitive process, the opportunity may exist for the City to extend the contract after the initial termination date.
Administrative Regulation No. 204, Purchasing, page 18
Contracts that allow the City to extend the termination date one or more years may be done so if they meet the following criteria:
Length of
Contract
Can be Renewed Without
Rebidding if Certain
Criteria is Met *
Bidding Procedures Must
be Followed
Annual Can be renewed for four
consecutive years
After five years, formal or
informal bidding procedures
must be followed
Two year Can be renewed for three
additional years
After five years, formal or
informal bidding procedures
must be followed
Three year Can be renewed for two
additional years
After five years, formal or
informal bidding procedures
must be followed
Four year Can be renewed for one
additional year
After five years, formal or
informal bidding procedures
must be followed
Five year Cannot be renewed
Formal or informal bidding
procedures must be followed
* Criteria For Contracts to be Renewed Without Formal or Informal Bidding Procedures
At least one of the following criteria must be met during each fiscal year in order for a contract to be extended:
1. Survey of other cities (minimum two), to determine if the service or product is acceptable to them.
2. Any requested price increase for the upcoming fiscal year is equal to or less than the annual consumer price index (“CPI”) for the local economic region (Los Angeles, Orange, Riverside Counties), for the month of March of the current year.
3. Statement indicating exceptional performance, with specifics, by the vendor or consultant signed by the Department Head.
Considerations for renewing existing contracts:
1. It would take a significant amount of staff time to develop a Request for Qualifications/Proposals (RFQ/RFP), evaluate proposals received, conduct interviews, and select a proposer. This is also true for firms preparing proposals.
Administrative Regulation No. 204, Purchasing, page 19
2. Certain consulting services are essentially an extension of our City staff.
Strong working relationships developed over many years are invaluable to the organization.
3. Bringing on a new consultant, similar to a new employee, requires training, community exposure, operational introductions, etc. to gain familiarity with the community and our operating practices, which can take a substantial amount of time.
4. Responsible City staff monitor services provided and review all invoices submitted by our various consultants and will question anything that appears unusual as part of our checks and balances.
5. City staff also maintains an awareness of services provided to and costs expended by other local agencies.
6. If the services provided meet our expectations and the costs are reasonable when compared to the services rendered, there potentially is no value added by seeking out a replacement firm.
H. ENVIRONMENTALLY PREFERRED PURCHASING GUIDELINES - In accordance with Resolution No. 93-89, the City shall purchase and use materials, products and services which are fiscally responsible, reduce resource consumption and waste, promote opportunities to lesser- advantaged segments of our community, perform adequately, and promote human health and well-being. The following factors shall be considered in selecting products.
1. The City shall seek opportunities to encourage and influence markets for environmentally preferable products through employee education; supporting pilot testing of potential new products; adopting innovative product standards, specifications, and contracts; leveraging citywide buying expertise and buying-power; and embarking on cooperative ventures with other jurisdictions where feasible.
2. Each department shall use, where feasible, products that perform and have the least damaging/most beneficial environmental impact, including new environmentally preferable products, reusable products, recycled content, and recycled products.
3. Each Department Head shall promote, whenever practicable, its vendors’, contractors’, and consultants’ use recycled-content paper on documents submitted to the City and to use other environmentally preferable/sustainable products, as appropriate.
4. The City shall encourage opportunities to cooperate with other jurisdictions to enhance markets for environmentally
preferable/sustainable products, to obtain favorable prices, and to reduce waste packaging and product by combining
Administrative Regulation No. 204, Purchasing, page 20
purchases/contracting for the same or similar products; and promote the use of recycled-content products, recyclable products, and other environmentally preferable/sustainable products to potential vendors to the City by publicizing their availability.
_________________________________ __________________________ City Manager Date
Administrative Regulation No. 204, Purchasing, page 21
Exhibit A
Illustrative Approval and Competitive Procurement Levels (General Purchasing)
Claim form with proper back up documentation
Competitive consideration
Approval by division manager
P.O. required
Formal bid
Approval by City Council
P.O. required
Informal bid
Approval by division manager
TYPE CATEGORY FEATURES
GENERAL
PURCHASES
1 $0 TO $5,000
$5,001 TO $10,000
$75,000 OR MORE
$10,001 TO $25,000 P.O. required
Informal bid
Approval by department head
P.O. required
Informal bid
Approval by City Manager
$25,001 TO $75,000
Administrative Regulation No. 204, Purchasing, page 22
Illustrative Approval and Competitive Procurement Levels (Public Projects) Claim form with proper back up documentation
Competitive consideration
Approval by division manager
P.O. required
Formal bidding
Approval by City Council
P.O. required
Competitive consideration
Approval by division manager
TYPE CATEGORY FEATURES
PUBLIC
PROJECTS
$0 TO $5,000
$5,001 TO $10,000
$2200,000 OR MORE
$10,001 TO $6205,000
P.O. required
Competitive consideration
Approval by department head
P.O. required
Informal bidding
Approval by City Manager
$60,001 TO $100,000
P.O. required
Competitive consideration
Approval by City Manager
$25,001 TO $60,000
$60100,001 TO $2000,000
P.O. required
Informal bidding
Approval by City ManagerCouncil
Administrative Regulation No. 204, Purchasing, page 23
Illustrative Approval and Competitive Procurement Levels (Federal Expenditures)
TYPE CATEGORY FEATURES
Federal
Expenditures
2 $0 TO $5,000
$5,001 TO $10,000
$250,000 OR MORE
$725,001 TO $2750,000
$75,001 TO $250,000
$10,001 TO $725,000
P.O. required
Formal bidding
City Council approval
P.O required
Competitive consideration
Approval by division manager
P.O. required
Informal bidding
City Manager approval
P.O. required
Informal bidding
City Council approval
Claim form with proper back up documentation
Competitive consideration
Approval by division manager
P.O required
Informal bidding
Approval by department head
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: PURCHASE AGREEMENT FOR PROPERTY LOCATED AT 1816 FIRST STREET AND 1822 FIRST STREET UTILIZING AFFORDABLE HOUSING FUNDS
SUMMARY
The City is proposing to purchase two properties with affordable housing funds located at 1816 and 1822 First Street. The property had been the subject of the code enforcement process and receivership. This action will purchase the property for eventual development and improvement to the surrounding neighborhood.
RECOMMENDATION
That the City Council approved the purchase agreement for the properties at 1816 and 1822 First Street, authorize the City Manager to execute applicable documents, and approve a Resolution appropriating $440,000 from the Affordable Housing Fund (Fund 226).
DISCUSSION
The properties located at 1816 First Street (Assessors Parcel Number (APN) 8381-034-014) and 1822 First Street (APN 8381-034-017) are currently in a receivership process due to prior code enforcement and law enforcement issues. The case is the City of La Verne vs. Beas, et al., Los Angeles County Superior Court Case No. 21PSCP00135. The property owners are deceased.
The property was subject to law enforcement action in early 2019 for issues initiated by the Los Angeles County Department of Children and Family Services, ultimately resulting in a search warrant served by the Los Angeles County Sheriff's Department. Based on the conditions of the house as found at that time, the City's building inspector was called in, and the house was "red tagged" due to health and safety violations. Various code enforcement issues and police calls for service occurred after this time, even though the property was deemed vacant. The court case was initiated in 2021, and on April 15, 2021, the Court entered an order into the Action appointing Eric P. Beatty as the seller in his capacity as the receiver in the legal proceedings. The City first held a Closed Session on the item on March 9, 2021, and most recently on February 5, 2024, in which direction was provided regarding authority for purchasing the property. As part of the receiver's duties, the properties have been demolished and the lots cleared of debris.
The Court has accepted the City's offer of $400,000 for the properties and at this time the City Council is asked to approve the Purchase Agreement and authorize the City Manager to execute all applicable documents related to the purchase of the properties. The lot will need to
Purchase Agreement for Property Located at 1816 First Street and 1822 First Street Utilizing Affordable Housing Funds, Page 2
have a lot line adjustment and plans developed. It is proposed that two detached, single-family homes be built and provided as affordable housing opportunities. Plans for development will be brought back to the City Council at a future date. The City is using available funding within the Affordable Housing Fund, Fund 226, for the purchase and a development plan will be created in order to improve the neighborhood by developing the two homes. As this is an un-budgeted item, the City Council is asked to appropriate the $440,000 from Fund 226 for the purchase and the costs of the sale, which include one-half of the cost of escrow charges and other costs not- to-exceed an estimated $40,000.
FISCAL ANALYSIS
The acquisition costs for the properties located at 1816 and 1822 First Street total $400,000, with additional estimated sale-related costs not to exceed $40,000. Staff has identified these properties for the development of affordable housing units and is proposing an amendment to the Fiscal Year 2024-25 Adopted Budget, allocating $440,000 from the Affordable Housing Fund for the purchase. There is no impact on the General Fund.
ENVIRONMENTAL ANALYSIS
This project is categorically exempt from the California Environmental Quality Act, per Section 15302, Class 2: Replacement or reconstruction of existing structures on the same site having substantially the same purpose and capacity and Section 15332, Class 32: In-Fill Projects, and City of La Verne environmental guidelines.
LEGAL REVIEW
The City Attorney and Special Counsel have reviewed and approved this report.
ATTACHMENTS
1. 1816 and 1822 Photos
2. Purchase and Sale Agreement 1816-1822 First St
3. Reso No. 24-XX 1816 First & 1822 First Property Purchase
Pictures of 1816 and 1822 First Street (c. 2021)
Pictures of 1816 and 1822 First Street (c. 2021)
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Pictures of 1816 and 1822 First Street (c. 2021)
Pictures of 1816 and 1822 First Street (c. 2021)
Pictures of 1816 and 1822 First Street (c. 2021)
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Pictures of 1816 and 1822 First Street (c. 2021)
Pictures of 1816 and 1822 First Street (c. 2021)
Pictures of 1816 and 1822 First Street (c. 2021)
PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement ("Agreement") is made and entered into as of September ____, 2024 (“Effective Date”) by and between the City of La Verne, a California Municipal Corporation (“Purchaser”) and Eric P. Beatty (“Seller”) in his capacity as the receiver in the legal proceedings entitled City of La Verne v. Beas, et al., Los Angeles County Superior Court Case Number 21PSCP00135 (“the Action”), with respect to the following facts:
RECITALS
1. On April 15, 2021, the Court entered an order in the Action appointing Seller the receiver for those certain real properties commonly known as 1816 First Street, La Verne, California and 1822 First Street, La Verne, California (Assessors Parcel Number 8381- 034-017) (“the Properties,” collectively) pursuant to Health and Safety Code Section 17980.7.
2. The legal descriptions of the Properties are:
1816 First Street
The East 15 feet of Lot 19 and the West 10 feet of Lot 18 in Block 79 in the City La Verne, County of Los Angeles, State of California, as per Map recorded in Book 18, Page 9 of Miscellaneous Records of the Office of the County Recorder of said County.
Assessor’s Parcel Number 8381-034-014
1822 First Street
Lot 17 and the Southeast 15 feet of Lot 18 in Block 79, of Lordsburg Townsite, in the City of La Verne, County of Los Angeles, State of California, as per Map recorded in Book 18, Page 9 of Miscellaneous Records of the Office of the County Recorder of said County.
Assessors Parcel Number 8381-034-017
3. The Court authorized and instructed Seller to take possession of the Properties, to develop a plan to remedy the code violations, nuisance conditions and health and safety hazards existing at the Properties (“Rehabilitation Plan and Cost Estimate); to obta in Court approval of the Rehabilitation Plan and Cost Estimate; and to oversee the rehabilitation of the Properties in accordance with that plan.
4. On January 11, 2024, the Court in the Action entered an order approving Seller’s Rehabilitation Plan and Cost Estimate for the Properties.
5. Seller has completed the rehabilitation of the Properties in accordance with the Rehabilitation Plan and Cost Estimate approved by the Court.
6. Seller has concluded that the Properties must be sold in order to generate the income needed for Seller to repay the Certificate of Indebtedness issued Seller, which is secured by a super - priority lien upon the Properties and which is now due and owing, to pay the costs of rehabilitation of the Properties and to pay Seller’s fees and costs as approved by the Court.
7. Purchaser desires to purchase the Properties from Seller.
8. Seller agrees to sell and Purchaser agree to purchase the Properties upon the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms and conditions of this Agreement and for other valuable consideration receipt of which is acknowledged, Seller and Purchaser agree as follows:
1. Purchase Price. The purchase price of the Properties (“Purchase Price”) is Four Hundred Thousand Dollars ($400,000).
2. N o Financing. Purchaser will pay the Purchase Price in cash. Purchaser’s purchase of the Properties is not contingent upon qualifying for or the funding of a loan.
3. I nitial Deposit. Purchaser will deliver a check in the amount of Twenty Thousand Dollars ($20,000) payable to “Eric P. Beatty as Receiver” to Seller upon execution of this Agreement (“Initial Deposit”). Seller will hold the Initial Deposit for the benefit of Purchaser until the Court enters an order in the Action approving and confirming the sale of the Properties to Purchaser or this Agreement is canceled.
4. P urchaser’s Contingencies. Purchaser’s performance of this Agreement is contingent upon all of the following (“Purchaser’s Contingencies”):
4.1. Purchaser’s review of title reports for the Properties;
4.2. Purchaser’s inspection of the Properties; and
4.3. City Council directing City staff to execute this Purchase Agreement.
5. Purchaser’s Due Diligence, Right to Cancel and Removal of Contingencies.
5.1. Purchaser will, at its sole expense, perform its own due diligence concerning its purchase of the Properties.
5.2. Purchaser may cancel this Agreement in writing for any reason and without liability or further obligation by delivering written notice of cancellation to Seller by email at [email protected] before 5:00 p.m. on October ____, 2024.
5.3. All of Purchaser’s contingencies are deemed permanently removed at 5:00 p.m. on October ____, 2024.
6. Purchaser’s Performance. Subject to Purchaser’s Contingencies, Purchaser will:
6.1. Pay the balance of the Purchase Price into escrow promptly upon Court approval and confirmation of the sale of the Properties upon the terms set forth in this Agreement; and
6.3. Execute escrow instructions and all other documents and instruments reasonably required by Seller, escrow and title to close the sale of the Properties in an orderly manner.
7. Seller’s Contingencies. Seller’s performance of this Agreement is contingent upon all of the following (“Seller’s Contingencies”):
7.1. Receipt of the Initial Deposit from Purchaser;
7.2. Removal of Purchaser’s Contingencies; and
7.3. The Court entering an order in the Action approving and confirming the sale of the Properties to Purchaser upon the terms set forth in this Agreement.
8. Seller’s Performance. Subject to Seller’s Contingencies, Seller will:
8.1. Apply for an order in the Action approving Purchaser’ purchase of the Properties upon the terms set forth in this Agreement;
8.2. Convey insurable title to the Properties to Purchaser, free and clear of liens and encumbrances, with property taxes prorated and paid as of the close of escrow;
8.3. Execute escrow instructions and all other documents and instruments reasonably required by Purchaser, escrow and title to close the sale of the Properties in an orderly manner; and
8.4. Deliver the Properties to Purchaser free of code violations, nuisance conditions and health and safety hazards and in clean and secure condition.
9. Seller’s Right of Cancellation. Seller may cancel this Agreement in writing for any reason and without liability or obligation to Seller, except for the refund of the Initial Deposit, at any time prior to removal of Purchaser’s Contingencies.
10. E
scrow and Title .
10.1. Escrow for the sale of the Properties will be Escrow Closing Services, Brea, California, escrow officer Teri Boulanger.
10.2. Title will be Fidelity National Title, title officer Lori Duhart.
11. No Participating Real Estate Brokers. Purchaser and Seller agree that are no real estate brokers participating in the sale of the Properties.
12. A llocation of Costs of Sale. Purchaser and Seller agree to the following allocation of costs with respect to the sale of the Properties:
12.1. Escrow charges: one-half paid by Purchaser and one-half paid by Seller
12.2. Title charges: paid by Seller
12.3. Property taxes: paid by Seller and prorated as of the date of close of escrow
12.4. Documentary transfer taxes: paid by Seller
12.5. All other costs: paid by Purchaser
13. Initial Deposit as Liquidated Damages. Should the sale of the Properties to Purchaser fail to close for any reason other than an overbid by a third party or not being approved and confirmed by the Court, the Initial Deposit will be retained by Seller as liquidated damages.
In the event of an overbid or failure of approval and confirmation by the Court, Seller will promptly refund the Initial Deposit to Purchaser.
14. N o Seller Representations or Warranties . Seller is selling and Purchaser is purchasing the Properties
AS IS - WHERE IS AND WITH ALL FAULTS
Seller has not made, and does not make, any representations to Purchaser, either explicit or implied, concerning the Properties including, but not limited to, their location, size, history, characteristics, composition, design, construction, use or fitness for any particular purpose.
15. Purchaser’s Representations. Purchase represents and warrants all of the following:
15.1. Purchaser understands that its purchase of the Properties on an “as -is” basis comes without any of the disclosures customarily required of a seller of real property including, but not limited to, the Transfer Disclosure Statement required by Civil Code Section 1102;
15.2. Purchase understands that its purchase of the Properties may take significantly longer to be completed than the sale of a comparable property not subject to receivership proceedings; and
15.3. Purchaser has fully investigated the risks inherent in purchasing the Properties and has made an informed decision to do so.
16. Close of Escrow . Escrow for the sale will close five (5) business days after title issues a commitment to issue an owner’s policy of title insurance for each of the Properties to Purchaser.
17. Entire Agreement. This Agreement contains the entire agreement of Purchaser and Seller with respect to the sale of the Properties. There are no representations made by either Purchaser or Seller and no agreements between Purchaser and Seller concerning the Properties or their sale which are not set forth in this Agreement.
18. I nterpretation and Enforcement.
18.1. This Agreement is the product of arms’ length negotiations and drafting by Purchaser and its counsel and Seller. Purchaser and Seller agree that this Agreement will be interpreted as being prepared by both Purchase and Seller.
18.2. Purchaser and Seller agree that the proper venue for the enforcement of this Agreement is the Court in the Action.
19. Amendments. This Agreement may only be amended in a writing signed by both Purchaser and Seller.
20. A greement Binding Upon Successors. This Agreement is binding upon and inures to the benefit of Purchaser and Seller and their respective successors-in-interest.
21. E xecution in Counterparts. This Agreement may be executed in counterparts which, when taken together, constitute a binding agreement between Purchaser and Seller.
22. S ignatures. This Agreement may be executed by manual, electronic or digital signature.
SO AGREED.
“SELLER”
Dated: September __, 2024 ____________________ ____
Eric P. Beatty as Receiver
“PURCHASER”
Dated: ____________________ ____
The City of La Verne
By ______________________
Its ______________________
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET IN THE AMOUNT OF $440,000 WITHIN THE AFFORDABLE HOUSING FUND AND AUTHORIZING THE PURCHASE OF PROPERTY AT 1816 FIRST STREET AND 1822 FIRST STREET.
WHEREAS, The properties located at 1816 First Street (Assessors Parcel Number (APN) 8381-034-014) and 1822 First Street (APN 8381-034-017) are currently in a receivership process due to prior code enforcement and law enforcement issues; and,
WHEREAS, the City seeks to improve the neighborhood by utilizing available funds from the Affordable Housing Fund (Fund 226) for the purchase and development of a lot; and
WHEREAS, the project will include a lot line adjustment and the construction of two detached single-family homes, which will be provided as affordable housing opportunities; and,
WHEREAS, this development aligns with the City’s commitment to increasing affordable housing and enhancing the community; and
WHEREAS, The City first held a Closed Session on the item on March 9, 2021, and most recently on February 5, 2024, in which direction was provided regarding authority for purchasing the property; and,
WHEREAS, The Court has accepted the City's offer of $400,000 for the properties plus the costs of the sale not to exceed $40,000; and, WHEREAS, said purchase has now been considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1.That the City Council hereby authorizes the City Manager to complete the purchase of the properties at 1816 First Street and 1822 First Street.
Section 2.That the City Council amends the Fiscal Year 2024-25 Adopted Budget in the amount of $440,000 and appropriates the expenditures within the Affordable Housing Fund
Section 3.That the Mayor shall sign, and the Deputy City Clerk shall certify the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 16th day of September 2024.
Reso No. 24-xx Page 2 of 2
Mayor Tim Hepburn
ATTEST:
Debra Fritz, Deputy City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 24-XX was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 16th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Debra Fritz, Deputy City Clerk
City of La Verne,City Council
Agenda Report
DATE: September 16, 2024
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: RESOLUTION RATIFYING PROCLAMATION NO. 24-XX DECLARING THE
EXISTENCE OF A LOCAL EMERGENCY
SUMMARY
On September 11, 2024, the City Manager issued proclamation for a local emergency based on the existence of conditions of disaster or extreme peril caused by the Bridge Fire. Per La Verne Municipal Code Section 2.56.050 A.1., the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
RECOMMENDATION
That the City Council adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, RATIFYING PROCLAMATION NO. 24-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY."
DISCUSSION
The Bridge Fire started on September 8, 2024, and by the afternoon of September 11, 2024, it had grown to 49,000 acres with 0% containment. The County of Los Angeles declared a local emergency relating to the Bridge Fire on September 10, 2024 which was followed up by an announcement by Governor Gavin Newsom that California had secured a Fire Management Assistance Grant (FMAG) from the Federal Emergency Management Agency (FEMA) to help ensure the availability of vital resources to Los Angeles and San Bernardino counties to suppress the Bridge Fire.
The City of La Verne has the power to impose measures and provide mutual aid and other resources to protect against spread of the Bridge Fire and has suffered expenses from personnel overtime, use of resources, and will continue to expend resources until the danger of the fire is over. The City Manager proclaimed a local emergency on September 11, 2024, and per the City's Municipal Code, the City Council must ratify that action within seven (7) days.
FISCAL ANALYSIS
Ratifying the Proclamation of a Local Emergency will allow the City to receive State and Federal reimbursement for expenditures.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
Resolution Ratifying Proclamation No. 24-XX Declaring the Existence of a Local Emergency, Page 2
The City Attorney has reviewed and approved of this report.
ATTACHMENTS
1. Proclamation Declaring a Local Emergency
2. Resolution Ratifying Declaration of Local Emergency
Coordinated with:
Kimberly Hall Barlow, City Attorney
RESOLUTION NO. 24-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA, RATIFYING PROCLAMATION NO. 24-01 DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
THE CITY COUNCIL OF THE CITY OF LA VERNE DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, La Verne Municipal Code Section 2.56.050 empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and
WHEREAS, Government Code Section 8550 , et seq., including Section 8558(c), authorize the City Council to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, a wildfire known as the Bridge Fire started on September 8, 2024, and by 3:45 p.m. on September 1 1, 2024, it has grown to 49,000 acres and 0% containment; and
WHEREAS, On September 10, 2024, the County of Los Angeles declared a local emergency relating to the Bridge Fire. On September 10, 2024, California Governor Gavin Newsom announced that California has secured a Fire Management Assistance Grant (FMAG) from the Federal Emergency Management Agency (FEMA) to help ensure the availability of vital resources to Los Angeles and San Bernardino counties to suppress the Bridge Fire; and
WHEREAS, the City of La Verne has the power to impose measures and provide mutual aid and other resources to protect against spread of the Bridge Fire; and WHEREAS, La Verne is a city within Los Angeles County with a substantial wildlands interface in close proximity to the current boundaries of the Bridge Fire, with the fire currently burning approximately three miles from the City border; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen due to the potential spread of the fire into La Verne and surrounding areas; and
WHEREAS, such conditions are beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the Bridge Fire; and
WHEREAS, the City Manager, as the City’s Director of Emergency Services, has the power to declare a local emergency as authorized by Government Code section 8630 and La Verne Municipal Code section 2.56.050 A.1.
WHEREAS, on September 11, 2024, the City Manager, as the City’s Director of Emergency Services, declared a local emergency as authorized by Government Code section 8630 and La Verne Municipal Code section 2.56.050 A.1. A true and correct copy of Proclamation No. 2024-01 is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of La Verne as follows:
A. The City Manager’s Proclamation of Local Emergency No. 202 4-01 dated September 11, 2024, and orders contained therein, is hereby ratified.
B. As contemplated in the Emergency Services Act contained in Government Code Section 8550, et seq., including Section 8558(c), and Chapter 2.56 of Title 2 of the La Verne Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by a wildfire know as the Bridge Fire , as detailed in the recitals set forth above.
C. The area of the City which is endangered/imperiled is the entire City.
D. During the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City, including but not limited to the City of La Verne Multi-Hazard Functional Emergency Plan.
E. This local emergency shall continue to exist until the City Council proclaims the termination of this local emergency.
F. That a copy of this resolution and the emergency proclamation be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of La Verne; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
PASSED, APPROVED AND ADOPTED this 16th day of September, 2024.
_____________________________
Tim Hepburn, Mayor
ATTEST:
_____________________________
Debra Fritz, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF LA VERNE )
I, Debra Fritz, Deputy City Clerk of the City of La Verne, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2024-xx and was duly passed and adopted by the City Council of the City of La Verne at a regular meeting held on the 16th day of September 2024, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of La Verne this 16th day of September 2024.
_______________________________
Debra Fritz, Deputy City Clerk (SEAL)