3.08.010 Definitions.

   Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter:

   (A)   Act means the Uniform Public Construction Cost Accounting Act found at Cal. Public Contract Code, §§ 22000 et seq.

   (B)   Alternative procedure means purchasing materials, supplies, services, (professional, consulting, public works, maintenance, and other general services) or equipment by negotiated contract, purchase order or any other procedure outlined in the city’s purchasing policies and procedures manual approved by the City Manager and consistent with this chapter. A type of alternative procedure may include, but is not limited to, what will be referred to as a "simplified pricing procedure" wherein the authorized contracting party, or his or her designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the city.

   (C)   "Authorized contracting party" means the city official or body provided with authority under this chapter to approve or award a contract or to make a purchase, as well as to reject all bids when appropriate. Unless otherwise stated, the party authorized to approve or award a contract or to make a purchase shall have the authority to execute the associated purchase order, contract, and/or agreement.

   (D)   "City Engineer" means either the City Engineer or the person delegated by the City Eengineer to perform all or some of the duties prescribed in this chapter.

   (E)   "City Manager" means the City Manager or person designated by the City Manager to perform all or some of the duties prescribed in this chapter.

   (F)   "Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2, of the Cal. Public Contract Code (commencing at § 22010).

   (G)   "Corona formal bidding procedure" means a procedure which meets the requirements of state and local law, including the Act, this chapter, and any policies and procedures approved by the City Manager consistent with this chapter.

   (H)   "Emergency" for purposes of public projects shall have that meaning provided in Cal. Public Contract Code §§ 22035 and 22050. "Emergency" for all other purchasing or contracting purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the city.

   (I)   "Facility" means any plant, building, structure, ground facility, utility system (subject to the limitation found in Cal. Public Contract Code § 22002, subdivision (c)(3)), real property, streets and highways, or other public work improvement.

   (J)   "General services" means all services performed by persons not in a professional occupation including, but not limited to, contract services for park, electrical, and computer repair, building, facility, and vehicle maintenance, recreation programs, and other similar services which are not typical of professional services.

   (K)   "Maintenance work" shall have that meaning provided in § 22002(d) of the Act, as that section may be amended from time to time. In addition and to the extent not inconsistent with § 22002(d), "maintenance work" shall include, but shall not be limited to, the following:

      (1)   Routine, recurring, and usual work for the preservation or protection of any publicly-owned or publicly-operated facility for its intended purposes.

      (2)   Minor repainting.

      (3)   Street and highway maintenance including utility patching, skin patching, crack filling, filling of pot holes, slurry sealing, edge grading, street striping, resurfacing of streets and highways at less than one-inch, sign replacement, sidewalk repair and replacement, curb and gutter repair and replacement, and street and traffic light repair and replacement. "Maintenance work" shall not include striping of a new street or highway.

      (4)   Sewer maintenance including foaming, video taping, cleaning, and manhole restoration.

      (5)   Traffic signal maintenance. Maintenance work shall not include installation of new traffic signals.

      (6)   Storm drain related maintenance.

      (7)   Landscape maintenance, including mowing, watering, trimming, pruning, planting, tree and plant replacement, irrigation and sprinkler system servicing, retrofit and repair, and landscape rehabilitation.

      (8)   Maintenance of facilities including roof repairs or replacements, heating and air conditioning repairs, and electric repairs.

      (9)   Vehicle and equipment maintenance and repairs.

      (10)   Work performed to keep, operate, and maintain publicly-owned water, power, or waste disposal systems including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.

   (L)   "Professional services" means all services performed by persons in a professional occupation including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, personnel, social services, animal control, legal, management, cable television, communication, and other similar professional functions which may be necessary for the operation of the city.

   (M)   "Public project" shall have that meaning provided in § 22002(c) of the Act, as that section may be amended from time to time. A "public project" shall not include maintenance work. In addition and to the extent not inconsistent with § 22002(c), "public project" shall include, but shall not be limited to, the following:

      (1)   Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly-owned, leased, or operated facility;

      (2)   Painting or repainting of any publicly-owned, leased, or operated facility; and

      (3)   In the case of a publicly-owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.

   (N)   "Public project formal bidding procedure" means a procedure which meets the requirements of state and local law, including § 22037 of the Act, this chapter, and any policies and procedures approved by the City Manager consistent with this chapter.

   (O)   "Public project informal bidding procedure" means a procedure which meets the requirements of state and local law, including § 22034 of the Act, this chapter, and any policies and procedures approved by the City Manager consistent with this chapter.

   (P) "Purchasing agent" means the City Manager or his or her designee(s) as provided in § 3.08.030. Pursuant to § 3.08.030, the City Manager may change his or her designation at any time.

   (Q)   “Department Director” means the person in charge of a particular department of the city, and shall include the Assistant City Manager, the General Manager of the Department of Water and Power, the Police Chief, and the Fire Chief.

   (R)   “On-call maintenance work or general services” means maintenance work or general services to be provided on an on-call or as-needed basis pursuant to a master agreement or contract.

(Ord. 3230 § 1, 2016; Ord. 3065 § 1, 2011; Ord. 2790 § 2 (part), 2005.)

3.08.020 Centralized purchasing division and purchasing system.

   The purpose of this chapter is to establish efficient procedures for the purchase of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases. In addition, this chapter and the purchasing system it establishes are designed to provide appropriate procedures to implement the city's participation in the Uniform Public Construction Cost Accounting Act pursuant to Cal. Public Contract Code, §§ 22000 et seq.

   A centralized purchasing division and purchasing system are hereby adopted and vested with the authority to govern the purchase of all city materials, supplies, services (professional, consulting, public works, maintenance and other general services), and equipment.

(Ord. 2790 § 2 (part), 2005.)

3.08.030 Purchasing agent.

   There is created the position of purchasing agent. The purchasing agent shall be the City Manager or his or her designee. Initially, the City Manager designates the Finance Director to act as the purchasing agent. The City Manager may change his or her designation at any time. The duties of the purchasing agent may be combined with those of any other city office or position. The purchasing agent may delegate the duties of that position to one or more employees with the consent of the City Manager.

   The purchasing agent shall be the head, and have the general supervision of all purchasing functions of the city. The purchasing agent shall direct and supervise the city's purchasing program. The purchasing agent shall endeavor to obtain full and open competition on all purchases to the extent possible. The purchasing agent shall establish methods and procedures for the efficient and economical functioning of the purchasing division.

   Subject to the supervision of the City Manager, the purchasing agent shall have the authority to:

   (A)   Purchase and contract. Purchase or contract for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment required by the city.

   (B)   Negotiate and recommend. Negotiate and recommend to the City Council execution of contracts for the purchase of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment.

   (C)   Purchasing Policies and Procedures Manual. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution, and disposal of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment for the city. To this end, the purchasing agent shall be responsible for developing and obtaining City Manager approval of a Purchasing Policies and Procedures Manual, which shall outline the policies and procedures necessary to implement the regulations of this Chapter 3.08. Upon approval by the City Manager, the Purchasing Policies and Procedures Manual shall have the same force and effect as the provisions of this Chapter 3.08.

   (D)   Forms. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter.

   (E)   Review plans and specifications. Review, or provide for the review of, the working details, drawings, plans, and specifications for any projects or purchases requiring such review in this chapter.

   (F)   Inspections and testing. Inspect, supervise, or provide for the inspection and supervision of, purchased materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment to ensure conformity with any specifications established or required by the city. The purchasing agent or his or her designee shall have authority to require appropriate testing of items delivered or samples to determine their quality and conformance with the specifications. Samples of items, when required, shall be furnished free of expense to the city and, if not destroyed by test, will be returned upon request at the bidder's expense.

   (G)   Surplus materials, supplies, and equipment: As provided for in § 3.08.150 below, transfer, sell, exchange, or trade any materials, supplies, or equipment deemed to be surplus.

   (H)   Bidder, contractor, and vendor lists and catalogs. Develop and maintain, or provide for the development and maintenance of, any bidder's list, contractor's list, or vendor's list and catalog file necessary to the operation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter. Each city department may have its own lists or catalogs. If the purchasing agent delegates the obligation to develop and maintain any list to another city employee, the purchasing agent shall retain final oversight authority and approval regarding how the list is developed and maintained.

(Ord. 3012 § 1 (part), 2009; Ord. 2790 § 2 (part), 2005.)

3.08.040 General purchasing regulations, policies, and procedures.

   (A)   Applicability of chapter. The purchasing regulations contained in this Chapter 3.08 shall apply to the purchase of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment.

   (B)   Basis of Awards. The city shall secure materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment at the lowest total cost commensurate with the quality and scope needed, and subject to any limitations imposed by state law. Notwithstanding the foregoing, although the city is not adopting the formal procedures outlined in Cal. Gov’t Code §§ 4525 et seq., the city shall secure professional services based upon demonstrated competence, professional qualifications, and suitability for the project in general. The city may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances.

   (C)   Purchasing Policies and Procedures Manual. The purchasing agent shall develop, for approval by the City Manager, such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures shall be written and implemented in such a way to encourage open and competitive bidding, where appropriate, provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for efficient and timely acquisition of needed materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment, and provide effective fiscal controls.

   (D)   Competitive bidding. In purchasing, materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment, the city shall make use of competitive bidding, both formal and informal, whenever required by law, this chapter, or any policies and procedures approved by the City Manager consistent with this chapter. Formal and informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to this chapter.

   (E)   Unencumbered funds. The purchasing agent shall not issue a purchase order for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment involving any project or purchase without an unencumbered appropriation in the fund account against which such purchase is to be charged except for the following:

      (1)   In cases of emergency;

      (2)   When specifically authorized by resolution or minute order of the City Council;

      (3)   When the purchasing department acquires inventory for the warehouse that is not yet assigned to any department or fund; and

      (4)   When using limited purchase orders, yearly purchase orders, or blanket purchase orders, as those terms are defined in the Purchasing Policies and Procedures Manual.

   (F)   Requisition forms. The department responsible for a purchase shall submit requests for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment to the purchasing agent by standard requisition forms, or by other means as may be established by the Purchasing Policies and Procedures Manual.

   (G)   Applicable state and federal law: The city shall comply with all applicable federal and state laws for the particular purchase at issue including, but not limited to, bidder's security and bonding requirements, as well as prevailing wage requirements.

   (H)   Delegation of purchasing agent authority. The purchasing agent, with approval of the City Manager, may provide written authorization to any department director to conduct a bidding process outside of the centralized purchasing system; provided, however, that such bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The purchasing agent, with approval of the City Manager, may rescind such authorization in writing at any time and for any or no reason.

   (I)   Purchase orders; contract and agreement forms. The purchasing agent shall require all purchases for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment to be made with an appropriate purchase order and on an appropriate contract or agreement, the form of which shall be approved by the City Attorney. The City Attorney shall not need to review and approve as to form each executed contract or agreement; provided a city model approved as to form by the City Attorney is used without substantive modification. In addition, when the purchasing agent determines that issues under the responsibility of the city's risk manager are involved, the relevant contract or agreement provisions shall also be reviewed and approved by the city's risk manager.

   (J)   Unlawful purchasing activities and conflicts. The Purchasing Policies and Procedures Manual shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city officials, officers, and employees from participating in the bidding or selection process when they have a relationship with a person or business entity seeking a contract under this Chapter 3.08 which would subject the officials, officers, or employees to the prohibitions of Cal. Gov’t Code §§ 1090 and 87100 et seq.

   (K)   Records retention. The purchasing agent shall keep a written record of all bids for a period of two years following the award of the purchase. If no purchase is awarded pursuant to a particular bid process, the purchasing agent shall keep a written record of the bid information for a period of six months following the city's decision not to award the purchase.

   (L)   State or federal funding. Any purchases made with state or federal funds shall comply with all laws, rules, and regulations made applicable by the funding source.

   (M)   Delegation of department director authority. The department directors, with approval of the City Manager, may provide written authorization to any subordinate employees to exercise the director’s purchasing authority; provided, however, that such delegation shall be pursuant to an authorized written signature authorization form/procedure approved by the purchasing agent, and the bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The department directors, with approval of the City Manager, may rescind such delegation in writing at any time and for any or no reason. As used herein and as provided for in § 3.08.010, the term department director shall include the Assistant City Manager and the General Manager of the Department of Water and Power, the Police Chief, and the Fire Chief.

(Ord. 3065 § 2, 2011; Ord. 2790 § 2 (part), 2005.)

3.08.050 Bidding requirements - public projects.

   (A)   $60,000 or less. Public projects of $60,000 or less may be awarded by the director of the department responsible for the project, or his or her designee, pursuant to § 3.08.040, by any alternative procedure.

   (B)   $60,001 - $75,000. Public projects of more than $60,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the Director of Utilities pursuant to the public project informal bidding procedure.

   (C)   $75,001 - $100,000. Public projects of more than $75,000, but less than or equal to $100,000 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Manager pursuant to the public project informal bidding procedure.

   (D)   More than $100,000. Public projects of more than $100,000, but less than or equal to $200,000 may, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the public project informal bidding procedure. Public projects of more than $200,000 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the public project formal bidding procedure. If all bids received are over $200,000, the City Council may, with the approval of a four-fifths vote of those members present and without following the public project formal bidding procedure, award the contract in an amount not exceeding $212,500 to the lowest responsive and responsible bidder, so long as the City Council also determines that the city’s cost estimate for the project was reasonable.

   (E)   City Engineer review of plans and specifications. The City Engineer shall review and approve the working details, drawings, plans, and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property.

   (F)   City Council review of plans and specifications. The City Council shall review and approve the working details, drawings, plans, and specifications prepared for every public project of more than $100,000.

   (G)   Award. Contracts for public projects of $60,000 or less, if awarded, may be awarded in the best interests of the city. Contracts for public projects of more than $60,000, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.

   (H)   Dollar limits and change orders or amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in § 3.08.130 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For public projects awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount.

   (I)   No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.

(Ord. 3358 §1, 2023; Ord. 3280 §1, 2018; Ord. 3105 §1, 2011; Ord. 3097 §1, 2011; Ord. 2790 §2 (part), 2005.)