Report to Mayor and City Council
Tuesday, December 06, 2022
Consent
SUBJECT:
Title
CONSIDER APPROVING THE PURCHASE OF TABLES FROM MITYLITE FOR USE FOR THE CARSON EVENT CENTER
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I. SUMMARY
The Carson Event Center operates seven days-a-week by the City, outside agencies, and the public for various functions. To facilitate these events and programs, equipment such as tables and chairs are available for rent. Due to their extensive use, these items require periodic replacement. The City Council is asked to approve the purchase of new tables - 60” round tables, 6’ banquet tables and 18” classroom tables - through the vendor, MityLite, at a not-to-exceed cost of $47,645.52.
II. RECOMMENDATION
Recommendation
TAKE following actions:
1. AUTHORIZE the Purchasing Manager pursuant to Section 2611 (g) of the CMC to utilize cooperative purchasing to procure the tables from MityLite for a not-to-exceed sum of $47,645.52.
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III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
The Carson Event Center offers 40,000 square feet of versatile meeting space and averages 175 internal and external events per month. During the pandemic, tables from the Carson Event Center were used outside for community COVID testing, food distribution, and COVID vaccinations. As such, the wear and tear on the tables was at an accelerated pace, which now necessitates the purchase of replacements. Staff has obtained a quote from MityLite Inc. for 40 - 60” round tables, 40 - 6’ banquet tables, and 100 - 18” classroom tables at a not-to-exceed cost of $47,645.52.
Section 2611(g) of the City’s Municipal Code (“CMC”) allows City, through its Purchasing Manager, to dispense with competitive bidding processes to purchase materials, supplies, equipment, or services by utilizing a cooperative purchasing program engaged in by any local, county, State, or Federal public entity or entities, even if the contracts and implementing agreements entered into by the participating entity or association under those cooperative purchasing programs were not entered into pursuant to a process that resulted in the contract being awarded to the lowest responsible and responsive bidder under CMC 2610(i); provided, that the selected bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association within three years of City’s approval of the City contract entered into with the selected bidder via cooperative purchasing. The City Council has made a determination that the benefits to City of utilizing cooperative purchasing outweigh any incremental higher price that may be paid by City in certain instances as a result of not soliciting directly utilizing the lowest responsible and responsive bidder standard under CMC 2610(i).
The proposal is based on California Multiple Awards Schedules (CMAS) pricing, which is a cooperative purchasing program established by the State of California in accordance with the Public Contract Code Sections 10290 et seq. and 12101.5 (effective January 1994). This policy created multiple award agreements wherein an award is granted to two or more contractors for the same products and/or services at the same time for similar prices. Multiple award agreements do not pertain to the number of buyers who would be ordering from the agreement; rather, the number of contractors receiving an award from a common bid process.
CMAS agreements are not established through a competitive bid process conducted by the State of California. Because of this, all pricing products and/or services offered must have been previously bid and awarded on a Federal GSA schedule. The supplier completes a CMAS Application offering products and/or services at prices based on an existing Federal GSA multiple award schedule. This schedule is referred to as the “base” schedule. Upon review and acceptance of the application, the CMAS Unit awards a CMAS agreement which includes the State of California contract terms and conditions, procurement codes, policies, and guidelines. For clarity, the CMAS Program does not “use” the GSA Authorized Federal Supply Service Schedule. Instead, a totally independent California agreement for the same products and services at equal or lower prices is established.
Finally, it should also be noted that Section 2605(b)(ii) of the CMC requires City to enter into a contract for purchases of any personal property, including materials, supplies and equipment, of $25,000 or more over a fiscal year, unless the City Manager (as Purchasing Manager) waives this requirement. The City Manager has either waived or plans to waive such contract requirement for the purchases.V. FISCAL IMPACT
Funds are already provided by the American Rescue Plan Act (ARPA) in account number 299-90-999-999-6503.
VI. EXHIBITS
1. MityLite Proposal (pg. 3)
1.
Prepared by: Michael Whittiker, Community Services/Parks and Recreation Director and Victor Fernandez, Community Center Program Manager