(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.)