HomeMy WebLinkAbout2015-006 I RESOLUTION NO. 2015-6
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
4 APPROVING A PURCHASING POLICY WITH RESPECT TO PROPERTY
MAINTENANCE AND MANAGEMENT SERVICES AND APPROVING
5 CERTAIN RELATED ACTIONS (#3640)
6 WHEREAS, pursuant to Health and Safety Code ("HSC") § 34172 (a)(1), the
7 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
8 WHEREAS, consistent with the provisions of the HSC, the Mayor and Common Council
9 of the City of San Bernardino previously elected to serve in the capacity of the Successor Agency to
10 the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and
11 WHEREAS, the Oversight Board for the Successor Agency ("Oversight Board") has been
12 established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment
13 agency; and
14 WHEREAS, per HSC § 34177 (1)(1), the Successor Agency is required to prepare a
15 Recognized Obligation Payment Schedule ("ROPS") before each six-month fiscal period, which
16 corresponds to equal halves of a fiscal year (i.e., July through December and January through June);
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18 WHEREAS, a ROPS is the basis for the Successor Agency's authority to make payments
19 due for enforceable obligations ("EOs"); and
20 WHEREAS, each ROPS must also be approved by the Oversight Board and is reviewable
21 by the County Auditor-Controller, the County Administrative Officer, the California Department of
22 Finance ("DOF") and the California State Controller's Office; and
23 WHEREAS, pursuant to the foregoing, an Oversight Board-approved ROPS has been
24 submitted to DOF for seven (7) ROPS periods covering the period of January 1, 2012 through June
25 30, 2015; and
26 WHEREAS, the Successor Agency has included its projected costs for property
27 maintenance and management services as an EO on its ROPS; and
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I WHEREAS, as a part of winding-down the affairs of the former redevelopment agency, the
2 Successor Agency is responsible for maintaining and managing the real property assets of the
3 former redevelopment agency, consisting of over 300 parcels of real property, until such time as the
4 effected real property may be transferred to third parties pursuant to an approved Long-Range
5 Property Management Plan ("LRPMP"); and
6 WHEREAS, it is anticipated that the Successor Agency will be able to file its LRPMP with
7 DOF during the middle of 2015, receive DOF's approval by the end of 2015 and begin
8 implementing its LRPMP during 2016; and
9 WHEREAS, the implementation of the LRPMP may take several years to complete; and
10 WHEREAS, it is estimated that the Successor Agency will continue to be responsible for
11 maintaining and managing the real property assets of the former redevelopment agency throughout
12 the implementation period of the LRPMP, which may require the next two to three calendar years to
13 complete; and
14 WHEREAS, the Successor Agency's is responsible for maintaining and managing both
15 improved (e.g., Carousel Mall, California Theatre, Baseball Stadium, etc.) and unimproved
16 properties; and
17 WHEREAS, due to the age of the structures on the improved properties, together with
18 significant levels of deferred maintenance and exposure to vandalism, the Successor Agency has
19 experienced significantly higher levels of maintenance costs than would be expected for newer
20 buildings; and
21 WHEREAS, as a consequence of the foregoing, a significant amount of the maintenance
22 costs related to improved properties consists of one-time repairs that are authorized by purchase
23 orders as repairs are needed rather than by ongoing contracts executed in advance; and
24 WHEREAS, most of the Successor Agency's maintenance costs related to unimproved
25 properties consists of debris removal, weed abatement, security fencing and/or similar activity; and
26 WHEREAS, pursuant to Resolution No. 2014-30, the Successor Agency previously
27 authorized the City Manager/Executive Director to take the necessary actions and execute such
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I documents as are necessary to implement ROPS 13-14B, inclusive of the maintenance and
2 management services related to the Successor Agency's real property assets; and
3 WHEREAS, consistent with the authority granted by Resolution No. 2014-30, the City
4 Manager/Executive Director administratively established a purchasing policy that enabled Successor
5 Agency staff to effectively and efficiently respond to the unique challenges of maintaining and
6 managing the Successor Agency's real property assets within the restraints of a six-month ROPS
7 period; and
8 WHEREAS, although substantially similar, the Successor Agency's administrative
9 purchasing policy differs from the City's policy with respect to the financial threshold for the open
10 market procurement process (i.e., the City's threshold is for purchases of less than $25,000 and the
11 Successor Agency's threshold is for purchases of less than $50,000); and
12 WHEREAS, experience has revealed that the Successor Agency's threshold of less than
13 $50,000 for open market procurement has enabled Successor Agency staff to rapidly and effectively
14 respond to the types of maintenance requirements that occur with respect to the types of real
15 property that the Successor Agency is required to maintain and manage within the restraints of a six-
16 month ROPS period; and
17 WHEREAS, in consideration that the Successor Agency will need to continue to provide
18 property maintenance and management services for several more years, it is appropriate to replace
19 the Successor Agency's administratively established purchasing policy with a Successor Agency
20 Board-approved purchasing policy with respect to its property maintenance and management
21 services; and
22 WHEREAS, the recommended Successor Agency Board purchasing policy with respect to
23 its property maintenance and management services is attached to this Resolution as Exhibit "A" and
24 is substantially the same as the administrative purchasing policy previously established by the City
25 Manager/Executive Director, with the exception of increasing the threshold for the use of the short
26 form purchase order process from $500 to $1,000; and
27 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
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I NOW, THEREFORE, be it resolved by the Successor Agency to the Redevelopment
2 Agency of the City of San Bernardino, as follows:
3 Section 1. The foregoing recitals are true and correct and are a substantive part of this
4 Resolution.
5 Section 2. The Successor Agency's purchasing policy with respect to its property
6 maintenance and management services, which is attached hereto as Exhibit"A", is approved.
7 Section 3. The City Manager, as Executive Director of the Successor Agency, or
8 designee, is hereby authorized and directed to implement the Successor Agency's purchasing policy
9 with respect to its property maintenance and management services and to take such necessary
10 actions and execute such documents as are necessary to effectuate the intent of this Resolution.
11 Section 4. This Resolution shall take effect upon its adoption and execution in the
12 manner as required by the City Charter.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
3 APPROVING A PURCHASING POLICY WITH RESPECT TO PROPERTY
MAINTENANCE AND MANAGEMENT SERVICES AND APPROVING
4 CERTAIN RELATED ACTIONS (#3640)
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor Agency
6 to the Redevelopment Agency of the City of San Bernardino, at a meeting thereof, held on the 5th
7 day of January, 2015, by the following vote, to wit:
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Council Members Ayes Nays Abstain Absent
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MARQUEZ X
10 BARRIOS X
11 VALDIVIA X
12 SHORETT X
13 NICKEL X
14 JOHNSON X
15 MULVIHILL X
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17 Georgeann anna, City Jerk
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The foregoing Resolution is hereby approved this day of January, 2015.
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R. Carey Day , Mayor
22 City of San Bernardino
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Approved as to Form:
24 Gary D. Saenz, City Attorney
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26 By:
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2015-6
1 EXHIBIT "A"
2
SUCCESSOR AGENCY TO THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
4
PURCHASING POLICY WITH RESPECT TO
5 PROPERTY MAINTENANCE AND MANAGEMENT SERVICES
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7 Pursuant to the authority granted by this Resolution, the City Manager, as Executive Director of the
Successor Agency, or designee, is authorized to issue purchase orders with respect to the Successor
8 Agency's property maintenance and management services utilizing the following purchasing
guidelines:
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1. Purchases of less than $1,000 may use the short form purchase order process;
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11 2. Purchases of less than $50,000 may use the open market procurement process, wherein three
bids or quotes are obtained (fewer than three bids or quotes may be approved, subject to an
12 explanation to and concurrence by the City Manager/Executive Director, or designee);
13 3. Purchases of$50,000 or more may use the formal bidding procurement process, wherein bids,
quotes or proposals are obtained through an RFP, RFQ or IFB process, as appropriate to the
14 purchase type;
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4. Purchases that are a verifiable emergency (as certified by the City Manager/Executive Director,
16 or designee), may use the short form purchase process;
17 5. This purchasing policy shall apply on a per ROPS fiscal period, which corresponds to equal
18 halves of a fiscal year(i.e., July through December and January through June);
19 6. This purchasing policy shall apply on a per project, activity or service basis and does not apply
cumulatively by vendor; and
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7. The City Manager/Executive Director, or designee, is authorized to take such necessary actions
21 and execute such documents as are necessary to effectuate the intent of this Resolution.
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