CC SR 20190219 01 - Purchasing OrdinanceRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/19/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to amend Chapter 2.14 (Approval and Execution of
Contracts), Chapter 2.42 (Public Projects) and Chapter 2.44 (Purchasing System) of the
Rancho Palos Verdes Municipal Code.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 2.14 (APPROVAL AND EXECUTION
OF CONTRACTS), CHAPTER 2.42 (PUBLIC PROJECTS), AND CHAPTER 2.44
(PURCHASING SYSTEM) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE.
FISCAL IMPACT: No fiscal impact to the budget.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Trang Nguyen, Deputy Director of Finance
REVIEWED BY: Deborah Cullen, Director of Finance
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Summary of proposed changes (page A-1)
B. Redlined version of Chapter 2.14, Approval and Execution of Contracts
(page B-1)
C. Clean version of Chapter 2.14, Approval and Execution of Contracts (page
C-1)
D. Redlined version of Chapter 2.42, Public Projects (page D-1)
E. Clean version of Chapter 2.42, Public Projects (page E-1
F. Redlined version of Chapter 2.44, Purchasing System (page F-1)
G. Clean version of Chapter 2.44, Purchasing System (page G-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes’ purchasing ordinance, Chapters 2.14 Approval and
Execution of Contracts, 2.42 Public Projects, and 2.44 Purchasing System have not
been updated or modified since 2005. The City Attorney has identified sections of the
code that need to be modified pursuant to changes to the Uniform Public Construction
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Cost Accounting Act, codified as Section 22000 et seq. of the California Public
Contracts Code (the “UPCCAA”).
Additionally, Staff has worked with the City Attorney and the City’s independent auditor,
White Nelson Diehl Evans, LLP (WNDE), on proposed changes. On February 7th, Staff
presented these changes to the Finance Advisory Committee for their review. The
committee unanimously supported the proposed changes to the ordinance described in
this report.
After reviewing the ordinance, Staff and the City Attorney are proposing language
changes and consolidation of chapters to be more concise, less redundant, and, most
importantly, relevant to current best practices. The language that is no longer
consistent with current best practices is the public project contract section and needs to
be modified pursuant to the Uniform Public Construction Cost Accounting Act, codified
as Section 22000 et seq. of the California Public Contracts Code (the “UPCCAA”).
The UPCCAA provides an alternative procedure for the bidding of public projects based
on the dollar amount for the project. The current dollar amounts for public works
projects under Section 2.42.050 of the Rancho Palos Verdes Municipal Code (RPVMC)
are as follows:
Level 1: up to $45,000
Level 2: up to $175,000
Level 3: above $175,000
The alternative procedures allow the City to award lower-level projects using
streamlined procedures.
Effective January 1, 2019, the thresholds for Level 1 and Level 2 projects under the
UPCCAA will increase to $60,000 and $200,000, respectively. The proposed ordinance
(Attachment A) updates the amounts in RPVMC Section 2.42.050 to match the latest
statutory amounts.
In addition to updating public project contract section to meet UPCCAA’s requirements,
Staff also identified inconsistencies to the current ordinance and purchasing
procedures. Staff worked with the City’s new independent auditor WNDE to review the
proposed current purchasing procedures. As the City’s new independent auditor,
WNDE reviewed all the City’s policies and procedures and performed a compliance test
for the city’s business transactions. During compliance testing, WNDE also noticed the
inconsistencies of the City’s current ordinance and purchasing procedures. The specific
chapters that were identified include 2.14 Approval and Execution of Contracts, 2.42
Public Projects, and 2.44 Purchasing System. WNDE recommended that the City
review and revise these chapters to be more concise, less redundant, and relevant to
current practices. In conjunction with WNDE’s recommendation, Finance staff began
the process of reviewing and revising chapters 2.14, 2.42 and 2.44 with oversight and
concurrence from the City Attorney.
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After reviewing the pertinent chapters, the majority of the proposed amendments to the
ordinance are language cleanup, added and clarified definitions, moved and/or
combined some sub-chapters and deleted some subchapters that are not applicable to
the City’s current practice or contradict other parts of the ordinance.
One of the over-arching clarifications is the definition of “purchasing agent” as defined in
Section 2.08.070 (I) –Powers and duties (City Manager Purchasing Agent). To purchase
all supplies for all the departments or divisions of the city in accordance with Chapters
2.14 (Approval and Execution of Contracts) and 2.44 (Purchasing System) of the
RPVMC and to submit such purchases to the city council for approval;
It is also proposed to simply refer to the subdivision Section of the Public Contract Code
for the Level 1-3 monetary thresholds, as they may be amended from time to time by
the State Controller or the State Legislature. Adding this language ensures that the
City’s ordinance will always be in compliance.
The following items are Staff proposed changes to the threshold limits that were set in
1990 and were last revised in 2005.
Purchase Orders -- Raise the Threshold from $500.00 to $3,000
Chapter 2.44.070 – Purchase orders
A. All purchases of materials, supplies and services shall be by serially numbered
purchase orders authorized by the signature of the ordering department head
and the city manager or his or her designee. The following exceptions are
allowed:
1. All purchases of less than five hundred dollars that are processed by the
presentation of an invoice acceptable to and approved by the finance
department;
The current language of this chapter requires all purchases over five hundred dollars to
have a purchase order. Currently, we have 290 purchase orders opened. More than a
quarter of the purchase orders, 33% or 97 purchase orders, are $3,000 or less. Staff
proposes that the threshold for purchase orders be raised to $3,000 to adjust for
inflation and to increase efficiency. The dollar amount of these purchase orders will still
be required to be included in the adopted budget and adhere to the City’s budgeting
requirements. Here is the breakdown of the 97 purchase orders that are $3,000 or less:
• 14 purchase orders or 5% is $500 or less
• 22 purchase orders or 7% is $501 to $1,000
• 36 purchase orders or 12% is $1,001 to $2,000
• 25 purchase orders or 9% is $2,001 to $3,000
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Petty Cash –Increase Cash on-hand to $5,000 and Cash Disbursements to $100.00
Chapter 2.44.110 – Petty cash
There is an established petty cash fund in the maximum amount of $3,000 that is
administered under the supervision of the city manager, which shall be used to make
change by city cashiers, and from which cash disbursements may be made to city
employees in an amount not to exceed $50. Generally disbursements must be
accompanied by an invoice in the amount of the request, signed by the originator and
approved by the department head. An invoice is not required for auto mileage
reimbursement, metered parking and any other requirement for which an invoice cannot
be expected and would normally be paid out of petty cash. The City’s policy still requires
the employees Supervisor and/or Department Head to approve petty cash receipts.
The current language limits cash on-hand Citywide to $3,000 and petty cash
disbursements cannot exceed $50. The $3,000 cash Citywide includes cash on-hand
for Point Vicente Interpretive Center (PVIC) in the amount of $350.00, and $825.00 at
Abalone Cove to provide change for the cash register and the remaining amount held at
City Hall. The majority of the petty cash disbursements at City Hall are for local mileage
reimbursements to an employee when he/she attends offsite meetings or trainings. The
mileage rate increased for 2019 to 54.5 cents compared to 40.5 cents in 2005, when
this chapter was last amended.
In FY 2017-18, the City issued almost 400 checks in the range of $50.01 to $100.00 for
petty cash reimbursements. This change will result in improved efficiency by-passing
accounts payable and reduce the bank costs associated with issuing these checks.
Personal Property—Raise the Property Value from $2,000 to $3,000
Chapter 2.44.120 – Sale of obsolete personal property
The city manager shall sell worn-out, scrap, or obsolete personal property, or exchange
the same for, or trade in the same on new supplies and equipment, including property of
all departments, by soliciting bids. No bids will be accepted from city employees or
contractors. If the value of the property to be sold is of a value of $2,000 or less, the
sale shall be approved by the city manager. In the event the value of the property to be
sold is more than $2,000, the sale shall be subject to the approval of the city council.
We are proposing a nominal increase of $1,000 to the threshold for personal property
value be raised from $2,000 to $3,000 based on the incremental price increase in
equipment, etc. since 2005. In the event that the property is valued more than $3,000,
the sale is subject to the approval of the city council.
A summary detailing the amendment to each chapter can be found in Attachment A.
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ALTERNATIVES: (use when relevant)
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Direct Staff to return with modified language for consideration at a future
meeting.
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W:\Deborah Budget Folder\Purchasing Policies\Staff report\2019-01-25 summary of purchasing
ordinance changes.docx
Summary of Proposed Changes
Chapter 2.14 Approval and Execution of Contracts
1. Added six (6) new subchapters:
a. 2.14.010 Applicability
b. 2.14.020 Definitions
c. 2.14.030 Prohibition against splitting projects
d. 2.14.040 Written contract requirement; exception
e. 2.14.060 Approval and execution of contracts by city council
f. 2.14.070 City Manager’s settlement authority
2. Combined 2.14.010 (D) with 2.14.050 (A).
3. Combined 2.14.020 with 2.14.050 (B)
4. Language cleanup throughout the document to eliminate repetitiveness and/or
contradiction and provide clarity and consistency.
Chapter 2.42 Public Projects
1. Deleted the definition of Purchasing Agent.
2. Added new definitions:
a. Director
b. Force account
c. Level 1 Projects
d. Level 2 Projects
e. Level 3 Projects
3. Language cleanup throughout the document to eliminate repetitiveness and/or
contradiction and provide clarity and consistency.
4. Deleted and combined the following subchapters:
a. 2.42.030 moved to 2.42.010
b. 2.42.060 moved to 2.14.010 (B)
c. 2.42.070 moved to 2.14.030
Chapter 2.44 Purchasing Ordinance
1. Changed the chapter title from Purchasing System to Purchasing Ordinance.
2. Added three (3) new subchapters:
a. 2.44.030 Definitions
b. 2.44.050 Procurement procedures for services, supplies and equipment
c. 2.44.100 Use of city credit cards
3. Deleted and combined the following subchapters:
a. 2.44.025 moved to 2.44.050 (C)
b. 2.44.030 moved to 2.44.050 (C)(5)
c. 2.44.040 moved to 2.44.050 (B)
d. 2.44.130 moved to 2.42.030
e. 2.44.140 moved to 2.44.070 (B)(C)(D)
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W:\Deborah Budget Folder\Purchasing Policies\Staff report\2019-01-25 summary of purchasing
ordinance changes.docx
4. Changed the threshold for purchase order requirement from $500 to $3,000.
5. Changed the maximum petty cash amount from $3,000 to $5,000.
6. Changed the disbursement of petty cash amount not to exceed from $50 to $100.
7. Changed the threshold of disposable assets from $2,000 to $3,000.
8. Deleted 2.44.150 Inspection and testing.
9. Language cleanup throughout the document to eliminate repetitiveness and/or
contradiction and provide clarity and consistency.
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Chapter 2.14 - APPROVAL AND EXECUTION OF CONTRACTS
Sections:
2.14.010 – Applicability
A. This chapter shall apply to all contracts under Chapters 2.42 (Public Projects)
and 2.44 (Purchasing System).
B. Any order, purchase, or contract made contrary to the provisions of this
chapter and of Chapters 2.42 and 2.44 shall be void ab initio, and the city shall not be
obligated thereunder.
2.14.020 – Definitions
Unless the context otherwise requires, the following definitions shall govern the
construction of this chapter, as well as Chapters 2.42 (Public Projects) and 2.44
(Purchasing Ordinance):
“Contract” means a binding, legally enforceable agreement for goods or services.
Written contracts shall include, but are not limited to, purchase orders, purchase
agreements for supplies and equipment, and services agreements, or any amendment
or change order thereto.
“Informal bids” shall mean bids or proposals solicited by the purchasing agent or
director of public works either in writing or orally by telephone.
“Purchasing agent” shall have the same meaning as Section 2.08.070(I), and
shall include his or her designee.
“Services” means general services to be provided to the city, such as repair and
maintenance, professional services, or any services related to a public works project,
such as inspection services and construction management services.
2.14.030 - Prohibition against splitting projects
A. It shall be unlawful to split into smaller work order or projects any contract for
supplies, equipment, or services for the purpose of circumventing or evading the
requirements of this chapter or Chapter 2.44 (Purchasing Ordinance).
B. It shall be unlawful to split or separate into smaller work orders or projects any
public project for the purpose of circumventing or evading the requirements of this
chapter, Chapter 2.42 (Public Projects), or the Uniform Public Construction Cost
Accounting Act.
2.14.040 - Written contract requirement; exceptions
A. Written Contracts. All transactions for $3,000 or more per
vendor/consultant/contractor per fiscal year, shall require the execution of a written
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contract prior to the provision of any work, services, or supplies or equipment, provided
that:
1. Performance of work on private property. Where work (including services)
shall be performed on private property, regardless of the dollar amount of
the proposed work, such work shall be by written contract only, which shall
include, but not be limited to, insurance and indemnity requirements
satisfactory to the city attorney.
2. Protection of city. A written contract shall be required for the provision of
any work (including services), regardless of the dollar amount of the
proposed work, if, in the opinion of the purchasing agent or the city
attorney, a written contract is necessary to protect the city from increased
liability that could arise from the performance of the work. Any written
contract required pursuant to this subsection shall include, but not be
limited to, insurance and indemnity requirements satisfactory to the city
attorney.
B. Purchase Orders. The city shall issue a purchase order to accompany every
agreement for public projects, services, or supplies and equipment. No contracting party
is authorized to perform any service, perform any work on a public project, or provide
any supplies or equipment, prior to issuance of a fully executed purchase order.
Purchase orders shall not be required for the following:
1. All purchases of less than $3,000 that are processed by the presentation
of an invoice acceptable to and approved by the finance department;
2. Utility bills, rents, lease purchases, legal bills, employee reimbursements,
settlements, payments to governmental agencies, membership and dues,
trust deposit payments.
3. Purchases made by credit cards authorized by the city council and issued
to those employees approved by the purchasing agent, provided such
purchases conform to the written policy established by the purchasing
agent.
2.14.010 050 - Approval and execution of contracts without prior city council
approvalby purchasing agent.
A. A. The city manager or deputy city managerpurchasing agent may approve
and execute all contracts for public projects, services, supplies or equipment,
with a value of $25,000 or less without prior city council approval, provided that
funding for the contract has been allocated in the city’s budget by the city
council..
B. The city manager, deputy city manager, or director of public works may
approve and execute all contracts regarding Level 1 Projects, as defined in
Section 50 of Chapter 42 of Title 2 of this code, which are public projects that fall
within the dollar limits prescribed by subsection (a) of Section 22032 of the
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California Public Contract Code or any successor statute, without prior city
council approval.
B. C. The purchasing agent may execute any specific contract of any value if so
authorized by resolution or minute order of the city council.
The city manager or deputy city managerpurchasing agent may approve and
execute a grant contract of any value without prior city council approval if the
contract complies with all requirements of the grant program and if the city's
budget contains sufficient unencumbered funds for a city matching amount, if
required, not to exceed a city contribution of $25,000.
C. D. No contract can be approved and executed without prior city council
approval unless funding for the contract has already been allocated in the city's
budget by the city council.
2.14.060 - Approval and execution of contracts by city council.
All contracts other than contracts pursuant to Section 2.14.050 require city council
approval and execution by the mayor; provided that the city council may, by minute
order or resolution, authorize the purchasing agent to execute any specific contract.
2.14.070 -- City manager’s settlement authority.
The city manager may approve settlement agreements in an amount up to $25,000
per case.
(Ord. No. 509, § 1, 5-4-10)
2.14.020 - Approval and execution of contracts with prior city council approval.
The city manager, deputy city manager, or any department director may execute any
contract when the city council adopts a resolution or approves a minute order
authorizing that city officer to execute the specific contract.
(Ord. No. 509, § 1, 5-4-10)
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Chapter 2.14 - APPROVAL AND EXECUTION OF CONTRACTS
2.14.010 – Applicability
A. This chapter shall apply to all contracts under Chapters 2.42 (Public Projects)
and 2.44 (Purchasing System).
B. Any order, purchase, or contract made contrary to the provisions of this
chapter and of Chapters 2.42 and 2.44 shall be void ab initio, and the city shall not be
obligated thereunder.
2.14.020 – Definitions
Unless the context otherwise requires, the following definitions shall govern the
construction of this chapter, as well as Chapters 2.42 (Public Projects) and 2.44
(Purchasing Ordinance):
“Contract” means a binding, legally enforceable agreement for goods or services.
Written contracts shall include, but are not limited to, purchase orders, purchase
agreements for supplies and equipment, and services agreements, or any amendment
or change order thereto.
“Informal bids” shall mean bids or proposals solicited by the purchasing agent or
director of public works either in writing or orally by telephone.
“Purchasing agent” shall have the same meaning as Section 2.08.070(I), and
shall include his or her designee.
“Services” means general services to be provided to the city, such as repair and
maintenance, professional services, or any services related to a public works project,
such as inspection services and construction management services.
2.14.030 - Prohibition against splitting projects
A. It shall be unlawful to split into smaller work order or projects any contract for
supplies, equipment, or services for the purpose of circumventing or evading the
requirements of this chapter or Chapter 2.44 (Purchasing Ordinance).
B. It shall be unlawful to split or separate into smaller work orders or projects any
public project for the purpose of circumventing or evading the requirements of this
chapter, Chapter 2.42 (Public Projects), or the Uniform Public Construction Cost
Accounting Act.
2.14.040 - Written contract requirement; exceptions
A. Written Contracts. All transactions for $3,000 or more per
vendor/consultant/contractor per fiscal year, shall require the execution of a written
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contract prior to the provision of any work, services, or supplies or equipment, provided
that:
1. Performance of work on private property. Where work (including services)
shall be performed on private property, regardless of the dollar amount of
the proposed work, such work shall be by written contract only, which shall
include, but not be limited to, insurance and indemnity requirements
satisfactory to the city attorney.
2. Protection of city. A written contract shall be required for the provision of
any work (including services), regardless of the dollar amount of the
proposed work, if, in the opinion of the purchasing agent or the city
attorney, a written contract is necessary to protect the city from increased
liability that could arise from the performance of the work. Any written
contract required pursuant to this subsection shall include, but not be
limited to, insurance and indemnity requirements satisfactory to the city
attorney.
B. Purchase Orders. The city shall issue a purchase order to accompany every
agreement for public projects, services, or supplies and equipment. No contracting party
is authorized to perform any service, perform any work on a public project, or provide
any supplies or equipment, prior to issuance of a fully executed purchase order.
Purchase orders shall not be required for the following:
1. All purchases of less than $3,000 that are processed by the presentation
of an invoice acceptable to and approved by the finance department;
2. Utility bills, rents, lease purchases, legal bills, employee reimbursements,
settlements, payments to governmental agencies, membership and dues,
trust deposit payments.
3. Purchases made by credit cards authorized by the city council and issued
to those employees approved by the purchasing agent, provided such
purchases conform to the written policy established by the purchasing
agent.
2.14.050 - Approval and execution of contracts by purchasing agent.
A. The purchasing agent may approve and execute contracts for public projects,
services, supplies or equipment, with a value of $25,000 or less without prior city
council approval, provided that funding for the contract has been allocated in the
city’s budget by the city council.
B. The purchasing agent may execute any specific contract of any value if so
authorized by resolution or minute order of the city council.
C. The purchasing agent may approve and execute a grant contract without prior
city council approval if the contract complies with all requirements of the grant
program and if the city's budget contains sufficient unencumbered funds for a city
matching amount, if required, not to exceed a city contribution of $25,000.
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2.14.060 - Approval and execution of contracts by city council.
All contracts other than contracts pursuant to Section 2.14.050 require city council
approval and execution by the mayor; provided that the city council may, by minute
order or resolution, authorize the purchasing agent to execute any specific contract.
2.14.070 -- City manager’s settlement authority.
The city manager may approve settlement agreements in an amount up to $25,000
per case.
(Ord. No. 509, § 1, 5-4-10)
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Chapter 2.42 - PUBLIC PROJECTS
Sections:
2.42.010 - IntentApplicability.
A. The intent of tThis chapter is to provide standardized procedures for awarding
contracts for public projects in conformance with the Uniform Public Construction
Cost Accounting Act. Nothing in this chapter is intended to require the city to
solicit bids for equipment, supplies or services or accept the lowest bid to provide
equipment, supplies or services, except as required by state law and Chapter
2.44 (Purchasing System) of this code.
B. The approval and execution of all contracts pursuant to this chapter shall be in
conformance with the provisions of Chapter 2.14 (Approval and Execution of
Contracts)
(Ord. 456 § 1 (part), 2007)
2.42.020 - Definitions.
Unless the context otherwise requires, the following definitions, as well as the
definitions in Chapter 2.14, shall govern the construction of this chapter:
"Change Order" means a written authorization from the city directing an addition,
deletion, or revision to an awarded purchase order or contract.
“Director” shall refer to the Director of Public Works, as defined in Section
12.08.010(A).
“Force account” shall refer to the part of the city’s expense account resulting from
the employment of a labor force, as distinguished from the part resulting from
outsourcing for similar services.
“Level 1 Projects” shall mean public projects below the monetary threshold of
subdivision (a) of Section 22032 of the Public Contract Code, as it may be amended
from time to time by the State Controller or the State Legislature.
“Level 2 Projects” shall mean public projects below the monetary threshold of
subdivision (b) of Section 22032 of the Public Contract Code, as it may be amended
from time to time by the State Controller or the State Legislature.
“Level 3 Projects” shall mean public projects below the monetary threshold of
subdivision (c) of Section 22032 of the Public Contract Code, as it may be amended
from time to time by the State Controller or the State Legislature.
"Public Project" shall be defined as that term is defined in Section 22002 of the
California Public Contract Code, or any successor statute thereto.
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"Purchasing Agent" means the city manager or his or her designee, as provided in
Section 2.08.070 (Powers and Duties) of this Code.
"Uniform Public Construction Cost Accounting Act" means the procedures and
regulations set forth in Chapter 2, commencing with Section 22000, to Part 3 of
Division 2 of the California Public Contract Code or any successor act thereto.
(Ord. 456 § 1 (part), 2007)
2.42.030 - Applicability.
All public projects shall be bid and let to contract in accordance with the procedures
prescribed by the Uniform Public Construction Cost Accounting Act, or any successor
act thereto, and the provisions set forth in this chapter.
(Ord. 456 § 1 (part), 2007)
2.42.040 - Purchase order required.
In order to comply with the Uniform Public Construction Cost Accounting Act
procedures set forth in the California Public Contract Code and in order to more
efficiently manage all contracts for public projects, the city shall iss ue a purchase order
to accompany every contract for the performance of services or public projects. No
contract shall be deemed to be an authorization to proceed with work unless
accompanied by a properly authorized and executed purchase order. No vendor or
contracting party is authorized to perform any service, perform any public project, or
provide any supplies or equipment without first receiving a properly authorized and
executed purchase order.
(Ord. 456 § 1 (part), 2007)
2.42.0530 - Bid requirements, purchasing procedures and contracting
procedures.
This section shall govern the procedures for bidding and awarding all purchase
orders and contracts to perform public projects, including any associated purchase of
goods and supplies for such projects. Bidding requirements and other purchasing and
contracting procedures are categorized into three different levels set forth below. Each
level shall govern purchases and contracts of different values. Level 1 shall govern the
least expensive purchase orders and contracts and Level 3 shall govern the most
expensive purchase orders and contracts. Notwithstanding any provision of this chapter,
the bidding and other procedures for awarding public project contracts shall not violate
the limitations of the Uniform Public Construction Cost Accounting Act, as they may be
amended from time to time by the State Controller or the State LegislatureProjects
funded by federal, state, or local grants shall be awarded pursuant to the more
restrictive bidding requirements.
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A. Level 1 Projects. Public projects of forty-five thousand dollars or less may be
performed by city employees by force account or may be awarded by negotiated
contract or by purchase order by the director of public works ("director") without
competitive bidding.
B. Level 2 Projects. Public projects of one hundred and seventy-five thousand
dollars or less may be let to contract by the informal bid procedures set forth in
this subsection. Contracts that are authorized to be awarded pursuant to level
two procedures may be awarded by the director. All level twoLevel 2 Projects
contracts shall require competitive oral or written bidding procedure for a public
project is in the best interest of the city. If the , as described below in this
subsection. The director shall determines whether that a competitive oral or
written bidding procedure for a public project is in the best interest of the city, the
director may solicit oral bids as provided pursuant to subsection (a) below. If the
director determines that a competitive oral bidding procedure is in the best
interest of the city, the city may solicit oral bids as provided pursuant to
subsection (B)(1) of this section. Otherwise, the city director shall require
competitive written bids as provided in this subsection (B)(2) of this section(b)
below. The director may waive the requirement to solicit bids if performance of
the public project is available from only one source and may solicit only two bids
if performance of the public project is available from only two sources.
a.1. Oral Bids.
i. Bids shall be orally solicited from a minimum of three sources
and may be received orally. The person who solicits the bids shall
prepare a memorandum to the file documenting the identity of the
bidders and the amount of the bids that were obtained.
ii. The director shall award the contract shall be awarded to the
lowest responsible bidder only if the director determines that such
action is in the best interest of the city. The director city may reject
all bids, or waive any irregularities or informalities in any bid or
bidding.
iii.ii. The director may waive the requirement to orally solicit bids if
performance of the public project is available from only one source
and may solicit only two bids if performance of the public project is
available from only two sources.
b.2. Written Bids.
i. Bid specifications shall be prepared and written notices soliciting
writtena notice inviting informal bids shall be disseminated to a list
of at least three prospective bidders in accordance with (d) below.
Such notices shall include the closing date of the bid.
ii. Bids shall be submitted in writing and must be received prior to
the bid closing date to be considered.
iii. The director shall award the contract shall be awarded to the
lowest responsible bidder only if the director determines that such
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action is in the best interest of the city. The director city may reject
all bids, or waive any irregularities or informalities in any bid or
bidding.
iv. The director may waive the requirement to solicit bids if
performance of the public project is available from only one source
and may solicit only two bids if performance of the public project is
available from only two sources.
c.3. Contractors List. The city shall develop and maintain a list of
contractors, identified according to categories of work, in accordance with
the provisions of Section 22034 of the California Public Contract Code, or
any successor statute thereto, and the criteria promulgated from time to
time by the California Uniform Construction Cost Accounting Commission.
d.4. Notice Inviting Informal Bids. At least ten calendar days prior to
the date informal bids are due, the city shall mail a notice inviting informal
bids to all contractors from the applicable category of work to be bid, as
shown on the contractors list developed in accordance with subsection
(B)(3)(c) of this sectionabove, and to all construction trade journals as
specified by the California Uniform Construction Cost Accounting
Commission in accordance with Section 22036 of the California Public
Contract Code, or any successor statute thereto. Said notice shall
describe the project in general terms, shall clearly indicate how to obtain
more detailed information about the project, and shall set forth the time
and place for the submission of bids.
e.5. If all bids received are in excess of one hundred seventy-five
thousand dollars, the city council may, by adoption of a resolution by a
four-fifths vote, award the contract, at one hundred eighty-seven thousand
five hundred dollars or less, to the lowest responsible bidder, if the council
determines the cost estimate of the city was reasonable.
C. Level 3 Projects. Public projects of more than one hundred seventy-five
thousand dollars shall, except as otherwise provided by law(B)(e) above, be let to
contract by the formal bidding procedures set forth in this subsection. Public
projects which must be let pursuant to level three procedures shall be approved
by the city council and shall require competitive written bidding, as described
below in this subsection.
a.1. Bid Specifications. For all public projects that must be let
pursuant to level three procedures, bid specifications shall be prepared,
and notices inviting sealed bids shall be disseminated to at least three
prospective bidders approved by the city managerdirector. In addition, bid
plans and working details shall be formally adopted by the city council for
all public projects in accordance with the requirements of Section 22039 of
the Public Contract Code or any successor statute thereto.
b.2. Notice Inviting Formal Bids. The city shall publish and mail a
notice inviting sealed formal bids in accordance with the provisions of
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California Public Contract Code Section 22037, or any successor statute
thereto.
c.3. Receipt of Bids. Bids shall be sealed, and shall not be opened
until the time and place designated in the bid specifications. Bids must be
received prior to the bid opening to be considered.
d.4. The city council shall award the bid to the lowest responsible
bidder, or reject all bids pursuant to Public Contract Code Section 22038,
or its successor statute. The city council may waive any irregularities or
informalities in any bid or bidding.
e.5. The city council may waive the procedures required by this
subsection if the city council determines that performance of the public
project is available only from a single source and may send a notice
inviting bids to only two prospective bidders if the council determines that
performance of the public project is available from only two sources.
(Ord. 456 § 1 (part), 2007)
(Ord. No. 522, § 1, 6-21-11; Ord. No. 539, §§ 1, 2, 11-20-12)
2.42.060 - Unauthorized purchases and contracts.
It is unlawful for any officer, employee, or agent of the city to contract for the
performance of public projects, or otherwise make any contract in violation of
this chapter. Any order, purchase, or contract made contrary to the provisions of
this chapter shall not be binding on the city, and the city shall not be obligated
thereunder.
(Ord. 456 § 1 (part), 2007)
2.42.070 - Prohibition against splitting projects.
It shall be unlawful to split or separate into smaller work orders or projects
any public project for the purpose of circumventing or evading the requirements
of the Uniform Public Construction Cost Accounting Act or this chapter.
(Ord. 456 § 1 (part), 2007)
2.42.080 040 - Bid security.
A. Bid security shall be required as a condition of submitting a written bid unless
deemed unnecessary by the purchasing agentdirector.
B. If a bidder is awarded a bid and then fails or refuses to execute a written contract
or purchase order with the city, the city may award the bid to the next lowest
responsible bidder. If the bid is awarded to the next lowest responsible bidder
under these circumstances, the amount of the lower bidder's bid security shall be
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applied by the city to the purchase or contract price differential between that
bidder and the next lowest responsible bidder, and the remainder, if any, shall be
returned to the lower bidder.
(Ord. 456 § 1 (part), 2007)
2.42.090 - Emergency procurement.
In addition to any other exemption from bidding requirements set forth in this
chapter or otherwise provided by law, if an emergency situation requires that a
public facility be repaired or replaced to permit the continued conduct of the
operation or services of the city or to avoid danger to life or property, the city
council may proceed to replace or repair the facility in accordance with the
provisions of Section 22035 of the California Public Contract Code or any
successor statute thereto.
(Ord. 456 § 1 (part), 2007)
2.42.110 050 - Interpretation of bid specifications.
Oral interpretation of written bid specifications shall not be made to prospective
bidders. If a prospective bidder discovers discrepancies or omissions in any
specification, or if the bidder is in doubt as to the meaning of any specification, the
bidder shall request a written interpretation or modification from the city. If
interpretations or modifications are deemed necessary, the city will then issue a written
addendum to all parties known to have received copies of the specifications.
(Ord. 456 § 1 (part), 2007)
2.42.060 – Exceptions to competitive bid requirement.
A. Emergency. If an emergency situation requires that a public facility be repaired or
replaced to permit the continued conduct of the operation or services of the city
or to avoid danger to life or property, the city council may proceed to replace or
repair the facility in accordance with the provisions of Section 22035 of the
California Public Contract Code or any successor statute thereto.
B. Any other bidding exemption permitted by law.
(Ord. 456 § 1 (part), 2007)
2.42.120 070 - Change orders and contracts amendments.
A. Any alteration to, amendment of, or deviation from an awarded purchase order or
contract as to scope, cost, time for completion, material, or equipment furnished
as a part of the purchase order or contract, or any alteration to, amendment of, or
deviation from the nature of work to be performed, shall require the completion
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and issuance of a change order or amendment. Additions to work cannot be
combined with deletions to work to avoid the change order or amendment
requirement.
The change order or amendment shall be approved and executed by the person
or body that, pursuant to Section
B. 2.42.050 030 (Bid Requirements, Purchasing Procedures and Contracting
Procedures), would have authority to approve and execute a purchase for the
combined amount of the original purchase ordercontract and the change order or
amendment. No change order or amendment shall be binding on the city until
approved as provided herein.
C. Change orders shall not be issued unlessonly if all the following conditions are
met:
A.1. The change order arises in good faith out of an unknown
condition or unforeseen circumstance differing materially from the
conditions of the purchase or contract, or, alternatively, the change order
arises due to an error in the city's specifications that accompanied the
invitation for bids solicitation; and.
B. The change order does not change the purpose of the purchase or
contract; and
2. The change order is reasonably related to the scope of work authorized
under the original contract; and.
C.3. The amount of the change order is within an authorized
contingency amount.
4. Any The change order for a public project shall be in accordance with
the most current edition of the "Standard Specifications for Public Works
Construction," adopted by the Joint Cooperative Committee of the
Southern California Chapter of the American Public Works Association
and the Southern California Districts of the Associated General
Contractors of Californiaand/or Cal-Trans standards and/or LA County
standards.
D. Contract amendment. Any alteration to, amendment of, or deviation from a
contract as to scope, cost, time for completion, material, or equipment furnished
as a part of the contract, or any alteration to, amendment of, or deviation from the
nature of work to be performed, that does not meet all the requirements of
Subsection (C), above, shall require an executed contract amendment. Examples
requiring an executed contract amendment include, but are not limited to, an
expansion of the scope of work, contract term extension, and an increase in
compensation not previously authorized by the purchasing agent or city council,
as applicable.
(Ord. 456 § 1 (part), 2007)
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Chapter 2.42 - PUBLIC PROJECTS
2.42.010 - Applicability.
A. This chapter is to provide standardized procedures for awarding contracts for
public projects in conformance with the Uniform Public Construction Cost
Accounting Act.
B. The approval and execution of all contracts pursuant to this chapter shall be in
conformance with the provisions of Chapter 2.14 (Approval and Execution of
Contracts)
(Ord. 456 § 1 (part), 2007)
2.42.020 - Definitions.
Unless the context otherwise requires, the following definitions, as well as the
definitions in Chapter 2.14, shall govern the construction of this chapter:
"Change Order" means a written authorization from the city directing an addition,
deletion, or revision to an awarded purchas e order or contract.
“Director” shall refer to the Director of Public Works, as defined in Section
12.08.010(A).
“Force account” shall refer to the part of the city’s expense account resulting from
the employment of a labor force, as distinguished from the part resulting from
outsourcing for similar services.
“Level 1 Projects” shall mean public projects below the monetary threshold of
subdivision (a) of Section 22032 of the Public Contract Code, as it may be amended
from time to time by the State Controller or the State Legislature.
“Level 2 Projects” shall mean public projects below the monetary threshold of
subdivision (b) of Section 22032 of the Public Contract Code, as it may be amended
from time to time by the State Controller or the State Legislature.
“Level 3 Projects” shall mean public projects below the monetary threshold of
subdivision (c) of Section 22032 of the Public Contract Code, as it may be amended
from time to time by the State Controller or the State Legislature.
"Public Project" shall be defined as that term is defined in Section 22002 of the
California Public Contract Code, or any successor statute thereto.
"Uniform Public Construction Cost Accounting Act" means the procedures and
regulations set forth in Chapter 2, commencing with Section 22000, to Part 3 of
Division 2 of the California Public Contract Code or any successor act thereto.
E-1
(Ord. 456 § 1 (part), 2007)
2.42.030 - Bid requirements.
This section shall govern the procedures for bidding all contracts to perform public
projects, including any associated purchase of goods and supplies for such projects.
Projects funded by federal, state, or local grants shall be awarded pursuant to the more
restrictive bidding requirements.
A. Level 1 Projects may be awarded by negotiated contract or by purchase order
without competitive bidding.
B. Level 2 Projects may be let to contract by the informal bid procedures set forth in
this subsection. All Level 2 Projects shall require competitive oral or written
bidding procedure for a public project is in the best interest of the city. If the
director determines that a competitive oral bidding procedure for a public project
is in the best interest of the city, the director may solicit oral bids as provided
pursuant to subsection (a) below. Otherwise, the director shall require
competitive written bids as provided in subsection (b) below. The director may
waive the requirement to solicit bids if performance of the public project is
available from only one source and may solicit only two bids if performance of the
public project is available from only two sources.
1. Oral Bids.
i. Bids shall be orally solicited from a minimum of three sources and
may be received orally. The person who solicits the bids shall
prepare a memorandum to the file documenting the identity of the
bidders and the amount of the bids that were obtained.
ii. The contract shall be awarded to the lowest responsible bidder only
if the director determines that such action is in the best interest of
the city. The city may reject all bids, or waive any irregularities or
informalities in any bid or bidding.
2. Written Bids.
i. Bid specifications shall be prepared and a notice inviting informal
bids shall be disseminated to a list of at least three prospective
bidders in accordance with (d) below.
ii. Bids shall be submitted in writing and must be received prior to the
bid closing date to be considered.
iii. The contract shall be awarded to the lowest responsible bidder only
if the director determines that such action is in the best interest of
the city. The city may reject all bids, or waive any irregularities or
informalities in any bid or bidding.
3. Contractors List. The city shall develop and maintain a list of contractors,
identified according to categories of work, in accordance with the
provisions of Section 22034 of the California Public Contract Code, or any
E-2
successor statute thereto, and the criteria promulgated from time to time
by the California Uniform Construction Cost Accounting Commission.
4. Notice Inviting Informal Bids. At least ten calendar days prior to the date
informal bids are due, the city shall mail a notice inviting informal bids to
all contractors from the applicable category of work to be bid, as shown on
the contractors list developed in accordance with subsection (c) above,
and to all construction trade journals as specified by the California Uniform
Construction Cost Accounting Commission in accordance with Section
22036 of the California Public Contract Code, or any successor statute
thereto. Said notice shall describe the project in general terms, shall
clearly indicate how to obtain more detailed information about the project,
and shall set forth the time and place for the submission of bids.
5. If all bids received are in excess of one hundred seventy-five thousand
dollars, the city council may, by adoption of a resolution by a four-fifths
vote, award the contract, at one hundred eighty-seven thousand five
hundred dollars or less, to the lowest responsible bidder, if the council
determines the cost estimate of the city was reasonable.
C. Level 3 Projects shall, except as otherwise provided by (B)(e) above, be let to
contract by the formal bidding procedures set forth in this subsection.
1. Bid Specifications. For all public projects that must be let pursuant to level
three procedures, bid specifications shall be prepared, and notices inviting
sealed bids shall be disseminated to at least three prospective bidders
approved by the director. In addition, bid plans and working details shall
be formally adopted by the city council for all public projects in accordance
with the requirements of Section 22039 of the Public Contract Code or any
successor statute thereto.
2. Notice Inviting Formal Bids. The city shall publish and mail a notice inviting
sealed formal bids in accordance with the provisions of California Public
Contract Code Section 22037, or any successor statute thereto.
3. Receipt of Bids. Bids shall be sealed, and shall not be opened until the
time and place designated in the bid specifications. Bids must be received
prior to the bid opening to be considered.
4. The city council shall award the bid to the lowest responsible bidder, or
reject all bids pursuant to Public Contract Code Section 22038, or its
successor statute. The city council may waive any irregularities or
informalities in any bid or bidding.
5. The city council may waive the procedures required by this subsection if
the city council determines that performance of the public project is
available only from a single source and may send a notice inviting bids to
only two prospective bidders if the council determines that performance of
the public project is available from only two sources.
(Ord. 456 § 1 (part), 2007)
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(Ord. No. 522, § 1, 6-21-11; Ord. No. 539, §§ 1, 2, 11-20-12)
2.42.040 - Bid security.
A. Bid security shall be required as a condition of submitting a written bid unless
deemed unnecessary by the director.
B. If a bidder is awarded a bid and then fails or refuses to execute a written contract
with the city, the city may award the bid to the next lowest responsible bidder. If
the bid is awarded to the next lowest responsible bidder under these
circumstances, the amount of the lower bidder's bid security shall be applied by
the city to the purchase or contract price differential between that bidder and the
next lowest responsible bidder, and the remainder, if any, shall be returned to the
lower bidder.
(Ord. 456 § 1 (part), 2007)
2.42.050 - Interpretation of bid specifications.
Oral interpretation of written bid specifications shall not be made to prospective
bidders. If a prospective bidder discovers discrepancies or omissions in any
specification, or if the bidder is in doubt as to the meaning of any specification, the
bidder shall request a written interpretation or modification from the city. If
interpretations or modifications are deemed necessary, the city will then issue a written
addendum to all parties known to have received copies of the specifications.
(Ord. 456 § 1 (part), 2007)
2.42.060 – Exceptions to competitive bid requirement.
A. Emergency. If an emergency situation requires that a public facility be repaired or
replaced to permit the continued conduct of the operation or services of the city
or to avoid danger to life or property, the city council may proceed to replace or
repair the facility in accordance with the provisions of Section 22035 of the
California Public Contract Code or any successor statute thereto.
B. Any other bidding exemption permitted by law.
(Ord. 456 § 1 (part), 2007)
2.42.070 - Change orders and contracts amendments.
A. Any alteration to, amendment of, or deviation from an awarded purchase order or
contract as to scope, cost, time for completion, material, or equipment furnished
as a part of the purchase order or contract, or any alteration to, amendment of, or
deviation from the nature of work to be performed, shall require the completion
and issuance of a change order or amendment. Additions to work cannot be
E-4
combined with deletions to work to avoid the change order or amendment
requirement.
B. The change order or amendment shall be approved and executed by the person
or body that, pursuant to Section 2.42.030 (Bid Requirements), would have
authority to approve and execute a purchase for the combined amount of the
original contract and the change order or amendment. No change order or
amendment shall be binding on the city until approved as provided herein.
C. Change orders shall be issue only if all the following conditions are met:
1. The change order arises in good faith out of an unknown condition or
unforeseen circumstance differing materially from the conditions of the
purchase or contract, or, alternatively, the change order arises due to an
error in the city's specifications that accompanied the invitation for bids.
2. The change order is reasonably related to the scope of work authorized
under the original contract.
3. The amount of the change order is within an authorized contingency
amount.
4. The change order shall be in accordance with the most current edition of
the "Standard Specifications for Public Works Construction," and/or Cal-
Trans standards and/or LA County standards.
D. Contract amendment. Any alteration to, amendment of, or deviation from a
contract as to scope, cost, time for completion, material, or equipment furnished
as a part of the contract, or any alteration to, amendment of, or deviation from the
nature of work to be performed, that does not meet all the requirements of
Subsection (C), above, shall require an executed contract amendment. Examples
requiring an executed contract amendment include, but are not limited to, an
expansion of the scope of work, contract term extension, and an increase in
compensation not previously authorized by the purchasing agent or city council,
as applicable.
(Ord. 456 § 1 (part), 2007)
E-5
Chapter 2.44 - PURCHASING SYSTEM ORDINANCE
Sections:
2.44.010 - Policy.
It shall be the policy of the city to secure services, supplies and equipment at the
lowest possible cost commensurate with quality needed, to exercise positive financial
control over purchases and to assure the quality of purchases.
(Ord. 261 § 1 (part), 1990)
2.44.015 020 - Applicability.
A. The procedures set forth in this chapter shall not apply to contracts for "public
projects," as defined in Section 22002 of the California Public Contract Code or
any successor statute, which are governed by the procedures set forth in
Chapter 2.42 (Public Projects) of this title.
B. Approval and execution of contracts for supplies, equipment, and services are
subject to the provisions of Chapter 2.14 (Approval and Execution of Written
Contracts)
(Ord. 456 § 2, 2007: Ord. 431 § 1, 2005)
2.44.030 – Definitions.
Unless the context otherwise requires, the definitions in Chapter 2.14 shall govern
the construction of this chapter:
2.44.020 040 - Authority and responsibility.
The authority and responsibility for the purchase of services, supplies, and
equipment for the city shall be vested in the city manager or his or her
designeepurchasing agent, subject to the contract approval provisions of Chapter 2.14.
The city manager or his or her designeepurchasing agent shall purchase services,
supplies and equipment in accordance with the procedures prescribed in this chapter.
(Ord. 261 § 1 (part), 1990)
2.44.050 - Procurement procedures for services, supplies, and equipment.
A. Purchases of services, supplies, or equipment with an aggregate value of $3,000
or less per fiscal year per vendor or service provider shall not require a written
contract, and shall be procured on the basis of the combination of price and
quality that best serves the city’s needs.
B. Purchases of services, supplies, or equipment in excess of $3,000 but less than
or equal to $25,000 shall be made as follows:
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1. The purchasing agent shall obtain between one and three informal quotes
or proposals, at his or her discretion. Informal quotes or proposals may be
obtained in writing or orally by telephone.
2. Contracts for the purchase of supplies and equipment shall be awarded to
the lowest responsible and responsive vendor, provided the quality of the
supplies or equipment meets the city’s requirements. The purchasing
agent may reject any and all quotes, waive any irregularity in any quote, or
re-solicit quotes.
3. Contracts for services shall be awarded to the service provider who offers
the city, as determined by the purchasing agent in his or her sole
discretion, the best combination of price and quality.
4. If a vendor or service provider provides a quote orally, the purchasing
agent shall maintain written notes or documentation confirming the receipt
and content of such oral quote and shall require the vendor or service
provider to provide an electronic transmission, or other written
documentation, confirming the substance of the oral quote. Copies of all
written quotes received together with the purchase agent’s written
documentation, or the purchasing agent’s notes confirming oral quotes
and the confirming documentation provided by the vendor or service
provider, shall be public records to be retained for not less than two years
after receipt. Notwithstanding the foregoing, vendor proprietary data shall
not be open for public inspection.
C. Supplies, equipment, and services, of an estimated value greater than $25,000.
1. Purchases of supplies and equipment, and provision of services, of an
estimated value greater than $25,000 shall be procured pursuant to
quotes or proposals. The city council shall award the contract to the
vendor or service provider who offers the best combination of price and
quality, as determined by the city council in its sole discretion.
2. On refusal or failure of the successful vendor or service provider to
execute the contract, the city council may award the contract to another
vendor or service provider in conformance with Subsection (C)(1), above.
3. The city council may reject any and all quotes or proposals, waive any
irregularity in any quote or proposal, or re-advertise for quotes or
proposals.
4. If two or more quotes received for supplies and equipment are for the
same total amount or unit price, the council may accept the quote it
considers best meets the needs of the city.
2.44.025 - Written contract requirements for services.
A. Written Contract Required. The provision of services of an estimated value greater
than twenty-five thousand dollars shall be by written contract awarded in
accordance with the procedures set forth in this chapter.
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B. Special Procedures. The following special procedures shall apply to the provision
of services:
1. Performance of Services on Private Property. Notwithstanding the provisions of
subsection A of this section, where the provision of services requires the
service provider to perform work on private property, regardless of the dollar
amount of the proposed work, such services shall be by written contract, which
shall include, but not be limited to, insurance and indemnity requirements
satisfactory to the city attorney, awarded in accordance with the procedures set
forth in this chapter.
2. Protection of City. Notwithstanding the provisions of subsection A of this
section, a written contract shall be required for the provision of services,
regardless of the dollar amount of the proposed services, if, in the opinion of the
city manager or department director, a written contract is necessary to protect
the city from increased liability that could arise from the performance of said
services. Any written contract required pursuant to this subsection shall include,
but not be limited to, insurance and indemnity requirements satisfactory to the
city attorney.
(Ord. 431 § 2, 2005)
2.44.030 - Formal contract procedure.
A. Purchases of supplies and equipment and provision of services of an estimated
value greater than twenty-five thousand dollars shall be by written contract with the
bidder who, after notice, offers the city, as determined by the city council in its sole
discretion, the best combination of price and quality. For the purposes of this
chapter, "notice" shall mean a notice inviting formal written competitive bids in
accordance with the provisions of this section.
B. Any notice required by this section shall be published in a newspaper of general
circulation printed and published in the city, or if there is none then in a newspaper
serving the area. The city manager shall also mail a copy of such notice to anyone
who has requested to be so notified.
C. All notices required by this section shall be published not less than ten days prior
to the date specified for the opening of the bids.
D. When deemed necessary by the city manager, bidder's security may be prescribed
in the public notices inviting bids. Bidders shall be entitled to the return of bid
security, provided that a successful bidder shall forfeit its bid security upon refusal
or failure to execute the contract within ten days after the notice of award of contract
has been mailed. The time to sign the agreement before forfeiting the bidder's
security shall be extended for delay caused by the city.
E. The city council shall award all bids under this section. On refusal or failure of the
successful bidder to execute the contract, the council may award the bid to another
bidder based upon the appropriate criteria provided in subsection A of this section.
If for that reason the council awards the contract to another bidder, the amount of
F-3
the first awardee's security shall be applied by the city to the difference in the
amount of the bid between the first awardee and the second awardee, and the
surplus, if any, shall be returned to the first awardee.
F. Bids shall be submitted to the city manager and shall be so identified on the
envelope. Bids shall be submitted in writing and must be received prior to the bid
closing date to be considered. Bids shall be opened at the time and place specified
in the notice inviting sealed bids. The city clerk shall retain copies of all bids
received by the city manager and shall make said bids available for public
inspection during regular business hours for not less than two years following the
bid opening. Notwithstanding the foregoing, bidder proprietary information shall not
be available for public inspection.
G. The council may reject any and all bids, waive any irregularity in any bid, or re-
advertise for bids.
H. If two or more bids received for supplies and equipment are for the same total
amount or unit price, the council may accept the bid it considers best meets the
needs of the city.
(Ord. 431 § 3, 2005: Ord. 261 § 1 (part), 1990)
2.44.040 - Open market procedure.
Provision of services or purchase of supplies and equipment of an estimated value
of twenty-five thousand dollars or less may be made by the city manager in the open
market without observing the formal bid procedure prescribed by Section 2.44.030 of
this chapter, in accordance with the following procedures:
A. The city manager may purchase services, supplies, and equipment of an
estimated value of twenty-five thousand dollars or less in the open market,
provided however:
1. Purchases in excess of five thousand dollars but less than or equal to
twenty-five thousand dollars shall be based on at least three informal bids
solicited annually and shall be awarded as follows:
a. Bids for the purchase of supplies and equipment shall be awarded to
the lowest responsible and responsive bidder as reflected in the
informal bids. The city manager may reject any and all bids, waive any
irregularity in any bid, or re-solicit bids.
b. Bids for services shall be awarded to the bidder who, after the informal
bid process, offers the city, as determined by the city manager in his or
her sole discretion, the best combination of price and quality.
2. The provision of maintenance services of an estimated value of twenty-five
thousand dollars or less shall be by purchase order issued in accordance
with the procedures set forth in this chapter.
B. Informal Bid Defined. For the purposes of this chapter, "informal bid" means
bids solicited by the city manager or his or her designee either by direct mail
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request or orally by telephone. If a bidder provides a bid orally, the city manager
or his or her designee shall maintain written notes or documentation confirming
the receipt and content of such oral bids and shall require the bidder to provide
a facsimile transmission or other written documentation confirming the
substance of the oral bid. Copies of all written proposals received and the city
manager's or his or her designee's written documentation or notes confirming
oral bids and the confirming documentation provided by the bidder(s) shall be
retained for public inspection during regular business hours for not less than
two years after receipt. Notwithstanding the foregoing, vendor proprietary data
shall not be open for public inspection.
(Ord. 431 § 4, 2005: Ord. 380 § 1, 2002; Ord. 261 § 1 (part), 1990)
2.44.050 060 - Use of vendors selected by another agency.
The city managerpurchasing agent may purchase services, supplies and equipment
for which the city would normally follow its own bid procedures from a vendor awarded a
bid by another public agency if said agency utilize d procedures substantially the same
as those normally utilized by the city. The amount of said purchase shall be based on
the price bid in the other jurisdiction.
(Ord. 261 § 1 (part), 1990)
2.44.060 070 - Exceptions to bid procedures for quotes and proposals.
The procurement of specific professional services such as contracts with attorneys,
architects, engineers, auditors, financial advisors, technology professionals,
geotechnical engineers, surveyors, geologists, or any other similar licensed
professional, or when the services contracted for deal with election service, public
relations and related activities; negotiations for or acquisition of land; insurance; bonds;
or other services of a similar nature to those listed may be made by the city council
without following bid procedures. The procurement procedures of Section 2.44.030 050
(Procurement procedures for services, supplies, and equipment) shall not apply to the
purchase of services, supplies, and equipment under any of the following
circumstances:
A. The procurement of specific professional services such as contracts with
attorneys, architects, engineers, auditors, financial advisors, technology
professionals, geotechnical engineers, surveyors, geologists, or any other
similar licensed professional, or when the services contracted for deal with
election services, public relations and related activities; negotiations for or
acquisition of land; insurance; bonds; or other services of a similar nature.
B. The purchasing agent finds that such services, supplies, or equipment are unique
because of the quality, durability, availability, or fitness for a particular use and
are available from only one source.
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C. The purchasing agent finds that exigent circumstances, such as natural disasters
or other unforeseen circumstances, require the immediate purchase of such
services, supplies, or equipment. The purchasing agent shall record the exigent
circumstances on the purchase order, and shall report the purchase to the city
council at the first available general meeting of the city council.
D. The city council finds that due to the nature of the services, supplies, or
equipment, bidding is not likely to result in the lowest price or greatest benefit to
the city.
(Ord. 431 § 5, 2005: Ord. 261 § 1 (part), 1990)
2.44.070 - Purchase orders.
A. All purchases of materials, supplies and services shall be by serially
numbered purchase orders authorized by the signature of the ordering
department head and the city manager or his or her designee. The following
exceptions are allowed:
1. All purchases of less than five hundred dollars that are processed by the
presentation of an invoice acceptable to and approved by the finance
department;
2. Utility bills, rents and lease purchases;
3. Purchases made by credit cards authorized by the city council and
issued to those employees approved by the city manager, provided such
purchases conform to the written policy established by the city manager
or his or her designee. The customer's copy of the invoice shall be
delivered to the director of finance for approval for payment;
4. Purchases of supplies and equipment over twenty-five thousand dollars
shall be by written contract in accordance with the provisions of Section
2.44.025 of this chapter;
5. Purchases of services also shall conform to the applicable procedures
set forth in Section 2.44.025 of this chapter.
B. Multiple individual purchases not to exceed three thousand dollars each may
be on a single open purchase order. The city manager may authorize open
purchase orders for those vendors who are a convenient source of supply by
reason of economy, proximity, delivery, or quality of services. Multiple
purchases may be made by requisition on these purchase orders by any city
department subject to the dollar restriction placed on single purchases and
the maximum multiple limitation of $15,000 per city fiscal year.
Notwithstanding the foregoing, the city council may authorize purchase
orders with a maximum multiple limitation in excess of $15,000. Purchases on
an open monthly purchase order, or from central stores when and if
established by the city, shall be made by the individual authorized to make
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such purchases utilizing a requisition form prescribed by the director of
finance. The requisition form shall be dated and signed or electronically
approved through the city's electronic purchasing software by the department
head or an authorized representative. The single purchase limitations set
forth in this subsection shall not apply to purchase orders issued for ongoing
services where the city manager or the city council, as specified herein, have
found that the use of a particular vendor to perform such services is in the
best interests of the city as provided in Section 2.44.140(D) of this chapter.
(Ord. 431 § 6, 2005: Ord. 409 § 1, 2004; Ord. 261 § 1 (part), 1990)
2.44.080 - Confirming Emergency purchase orders.
Emergency purchases required due to natural disasters or other unforeseen
circumstances may be made by the purchasing agent if so noted on the purchase order
form. Any such purchase shall be reported to the city council at the earliest opportunity,
including supporting documentation to demonstrate the emergency and to provide a
detailed accounting.
Emergency purchases required due to natural disasters or other unforeseen
circumstances may be made by a confirming purchase order if so noted on the
purchase order form. Prior approval must be given by the city manager, if available, or
by the assistant city manager if the city manager is absent.
(Ord. 431 § 7, 2005: Ord. 261 § 1 (part), 1990)
2.44.090 - Payment of invoices.
A. All invoices shall be submitted directly to the Finance Department by the supplier
of the equipment, supplies or services. Each invoice shall be approve by the
department head or his or her designee and director of finance for payment.
B. Payment disputes will be resolved by the director of finance.
2.44.100 – Use of city credit cards.
Purchases made by city-issued credit cards shall not include services provided to the
City, and shall conform to the written policy established by the purchasing agent. The
customer's copy of the invoice shall be delivered to the director of finance for approval
for payment.
2.44.090 110 - Conference expense.
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Expenses incurred during attendance at conferences, or other activities in the
interests of the city, that require an overnight stay may be paid by:
A. A. Obtaining aA credit card from the finance department with all invoices
returned to the director of finance officer.
B. B. Obtaining a warrant from the director of finance officer in the amount of the
advanced estimation of expense approved by the director of finance.
Reconciliation shall be made within 30 days of returning to the city.
C. C. By submission for reimbursement of appropriate expense invoices within 30
days after returning to the city.
(Ord. 261 § 1 (part), 1990)
2.44.100 - Payment of invoices.
A. All invoices requiring a purchase order shall be submitted directly to the
department head by the supplier of the equipment, supplies or services. Each
invoice shall be dated and signed by the department head or his or her designee
and submitted to the director of finance for payment.
B. Payment disputes will be resolved by the director of finance.
(Ord. 431 § 8, 2005: Ord. 261 § 1 (part), 1990)
2.44.110 120 - Petty cash.
There is established a petty cash fund in the maximum amount of $35,000 that is
administered under the supervision of the city managerdirector of finance, which shall
be used to make change by city cashiers, and from which cash disbursements may be
made to city employees in an amount not to exceed $50100. Disbursements must be
accompanied by an invoice in the amount of the request, signed by the originator and
approved by the department head or designee. An invoice is not required for auto
mileage reimbursement, metered parking and any other requirement for which an
invoice cannot be expected.
(Ord. 431 § 9, 2005: Ord. 261 § 1 (part), 1990)
(Ord. No. 567, § 1, 5-5-15)
2.44.120 130 - Sale of obsolete personal property.
The city managerpurchasing agent shall sell worn-out, scrap, or obsolete personal
property, or exchange the same for, or trade in the same on new supplies and
equipment, including property of all departments, by soliciting bids. No bids will be
accepted from city employees or contractors. If the value of the property to be sold is of
a value of $23,000 or less, the sale shall be approved by the city manager. In the event
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the value of the property to be sold is more than $23,000, the sale shall be subject to
the approval of the city council.
(Ord. 380 § 2, 2002; Ord. 261 § 1 (part), 1990)
2.44.130 - Construction contracts.
The city may use the informal bidding procedures for construction projects as
authorized in Public Contract Code Sections 22000, et seq. and in compliance with the
State of California Cost Accounting Policies and Procedure Manual of the California
Uniform Public Construction Cost Accounting Commission.
(Ord. 261 § 1 (part), 1990)
2.44.140 - Exceptions.
Sections 2.44.030 (Formal Contract Procedure) and 2.44.040 (Open Market Procedure)
of this chapter shall not apply to the purchase of services, supplies and equipment
under any of the following circumstances:
A. The city manager finds that such services, supplies or equipment are unique
because of the quality, durability, availability, or fitness for a particular use and are
available from only one source;
B. The city manager finds that exigent circumstances require the immediate purchase
of such services, supplies or equipment;
C. The city council finds that due to the nature of the services, supplies or equipment,
bidding is not likely to result in the lowest price; or
D. The city manager or the city council, as specified herein, determines that, due to
unique circumstances or unusual factors, the award for the purchase of services,
supplies or equipment from a source other than the lowest responsible bidder is in the
best interest of the city.
(Ord. 431 § 10, 2005: Ord. 261 § 1 (part), 1990)
2.44.150 - Inspection and testing.
The city manager shall require that all services, supplies and equipment are inspected
and in conformity with the specifications set forth in the order or contract. The city
manager shall have authority to require chemical and physical tests of samples
submitted with the bids and samples of deliveries which are necessary to determine
their quality and conformance with specifications.
(Ord. 261 § 1 (part), 1990)
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Chapter 2.44 - PURCHASING ORDINANCE
2.44.010 - Policy.
It shall be the policy of the city to secure services, supplies and equipment at the
lowest possible cost commensurate with quality needed, to exercise positive financial
control over purchases and to assure the quality of purchases.
(Ord. 261 § 1 (part), 1990)
2.44.020 - Applicability.
A. The procedures set forth in this chapter shall not apply to contracts for "public
projects," as defined in Section 22002 of the California Public Contract Code or
any successor statute, which are governed by the procedures set forth in
Chapter 2.42 (Public Projects).
B. Approval and execution of contracts for supplies, equipment, and services are
subject to the provisions of Chapter 2.14 (Approval and Execution of Written
Contracts)
(Ord. 456 § 2, 2007: Ord. 431 § 1, 2005)
2.44.030 – Definitions.
Unless the context otherwise requires, the definitions in Chapter 2.14 shall govern
the construction of this chapter:
2.44.040 - Authority and responsibility.
The authority and responsibility for the purchase of services, supplies, and
equipment for the city shall be vested in the purchasing agent, subject to the contract
approval provisions of Chapter 2.14. The purchasing agent shall purchase services,
supplies and equipment in accordance with the procedures prescribed in this chapter.
(Ord. 261 § 1 (part), 1990)
2.44.050 - Procurement procedures for services, supplies, and equipment.
A. Purchases of services, supplies, or equipment with an aggregate value of $3,000
or less per fiscal year per vendor or service provider shall not require a written
contract, and shall be procured on the basis of the combination of price and
quality that best serves the city’s needs.
B. Purchases of services, supplies, or equipment in excess of $3,000 but less than
or equal to $25,000 shall be made as follows:
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1. The purchasing agent shall obtain between one and three informal quotes
or proposals, at his or her discretion. Informal quotes or proposals may be
obtained in writing or orally by telephone.
2. Contracts for the purchase of supplies and equipment shall be awarded to
the lowest responsible and responsive vendor, provided the quality of the
supplies or equipment meets the city’s requirements. The purchasing
agent may reject any and all quotes, waive any irregularity in any quote, or
re-solicit quotes.
3. Contracts for services shall be awarded to the service provider who offers
the city, as determined by the purchasing agent in his or her sole
discretion, the best combination of price and quality.
4. If a vendor or service provider provides a quote orally, the purchasing
agent shall maintain written notes or documentation confirming the receipt
and content of such oral quote and shall require the vendor or service
provider to provide an electronic transmission, or other written
documentation, confirming the substance of the oral quote. Copies of all
written quotes received together with the purchase agent’s written
documentation, or the purchasing agent’s notes confirming oral quotes
and the confirming documentation provided by the vendor or service
provider, shall be public records to be retained for not less than two years
after receipt. Notwithstanding the foregoing, vendor proprietary data shall
not be open for public inspection.
C. Supplies, equipment, and services, of an estimated value greater than $25,000.
1. Purchases of supplies and equipment, and provision of services, of an
estimated value greater than $25,000 shall be procured pursuant to
quotes or proposals. The city council shall award the contract to the
vendor or service provider who offers the best combination of price and
quality, as determined by the city council in its sole discretion.
2. On refusal or failure of the successful vendor or service provider to
execute the contract, the city council may award the contract to another
vendor or service provider in conformance with Subsection (C)(1), above.
3. The city council may reject any and all quotes or proposals, waive any
irregularity in any quote or proposal, or re-advertise for quotes or
proposals.
4. If two or more quotes received for supplies and equipment are for the
same total amount or unit price, the council may accept the quote it
considers best meets the needs of the city.
2.44.060 - Use of vendors selected by another agency.
The purchasing agent may purchase services, supplies and equipment for which
the city would normally follow its own bid procedures from a vendor awarded a bid by
another public agency if said agency utilized procedures substantially the same as
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those normally utilized by the city. The amount of said purchase shall be based on the
price bid in the other jurisdiction.
(Ord. 261 § 1 (part), 1990)
2.44.070 - Exceptions to procedures for quotes and proposals.
The procurement procedures of Section 2.44.030 050 (Procurement procedures for
services, supplies, and equipment) shall not apply to the purchase of services, supplies,
and equipment under any of the following circumstances:
A. The procurement of specific professional services such as contracts with
attorneys, architects, engineers, auditors, financial advisors, technology
professionals, geotechnical engineers, surveyors, geologists, or any other
similar licensed professional, or when the services contracted for deal with
election services, public relations and related activities; negotiations for or
acquisition of land; insurance; bonds; or other services of a similar nature.
B. The purchasing agent finds that such services, supplies, or equipment are unique
because of the quality, durability, availability, or fitness for a particular use and
are available from only one source.
C. The purchasing agent finds that exigent circumstances, such as natural disasters
or other unforeseen circumstances, require the immediate purchase of such
services, supplies, or equipment. The purchasing agent shall record the exigent
circumstances on the purchase order, and shall report the purchase to the city
council at the first available general meeting of the city council.
D. The city council finds that due to the nature of the services, supplies, or
equipment, bidding is not likely to result in the lowest price or greatest benefit to
the city.
(Ord. 431 § 5, 2005: Ord. 261 § 1 (part), 1990)
2.44.080 - Emergency purchases.
Emergency purchases required due to natural disasters or other unforeseen
circumstances may be made by the purchasing agent if so noted on the purchase order
form. Any such purchase shall be reported to the city council at the earliest opportunity,
including supporting documentation to demonstrate the emergency and to provide a
detailed accounting.
(Ord. 431 § 7, 2005: Ord. 261 § 1 (part), 1990)
2.44.090 - Payment of invoices.
A. All invoices shall be submitted directly to the Finance Department by the supplier
of the equipment, supplies or services. Each invoice shall be approve by the
department head or his or her designee and director of finance for payment.
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B. Payment disputes will be resolved by the director of finance.
2.44.100 – Use of city credit cards.
Purchases made by city-issued credit cards shall not include services provided to the
City, and shall conform to the written policy established by the purchasing agent. The
customer's copy of the invoice shall be delivered to the director of finance for approval
for payment.
2.44.110 - Conference expense.
Expenses incurred during attendance at conferences, or other activities in the
interests of the city, that require an overnight stay may be paid by:
A. A credit card with all invoices returned to the director of finance.
B. Obtaining a warrant from the director of finance in the amount of the advanced
estimation of expense approved by the director of finance. Reconciliation shall be
made within 30 days of returning to the city.
C. By submission for reimbursement of appropriate expense invoices within 30 days
after returning to the city.
(Ord. 261 § 1 (part), 1990)
(Ord. 431 § 8, 2005: Ord. 261 § 1 (part), 1990)
2.44.120 - Petty cash.
There is established a petty cash fund in the maximum amount of $5,000 that is
administered under the supervision of the director of finance, which shall be used to
make change by city cashiers, and from which cash disbursements may be made to city
employees in an amount not to exceed $100. Disbursements must be accompanied by
an invoice in the amount of the request, signed by the originator and approved by the
department head or designee. An invoice is not required for auto mileage
reimbursement, metered parking and any other requirement for which an invoice cannot
be expected.
(Ord. 431 § 9, 2005: Ord. 261 § 1 (part), 1990)
(Ord. No. 567, § 1, 5-5-15)
2.44.130 - Sale of obsolete personal property.
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The purchasing agent shall sell worn-out, scrap, or obsolete personal property, or
exchange the same for, or trade in the same on new supplies and equipment, including
property of all departments, by soliciting bids. No bids will be accepted from city
employees or contractors. If the value of the property to be sold is of a value of $3,000
or less, the sale shall be approved by the city manager. In the event the value of the
property to be sold is more than $3,000, the sale shall be subject to the approval of the
city council.
(Ord. 380 § 2, 2002; Ord. 261 § 1 (part), 1990)
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