§ 2-4.07 EXCEPTIONS: COOPERATIVE PURCHASING AGREEMENTS AND PIGGYBACK PURCHASES.
   (A)   Cooperative purchasing. The city, through the Purchasing Agent, may purchase supplies, equipment, or services through a joint powers or other cooperative purchasing program with any local, county, state, or federal public entity or entities, or any association of public agencies, including the California League of Cities, the California State Association of Counties, and the National Conference of Mayors, provided that:
      (1)   The selected bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association; and
      (2)   The Purchasing Agent determines that the competitive bidding or proposal process utilized is similar to that contained in this chapter; and
      (3)   The Purchasing Agent determines that, as a result of cooperative purchasing, the price of the supplies, equipment, or services is likely to be lower than it would be if purchased directly by the city pursuant to this chapter.
   (B)   Information technology goods and services. In accordance with Cal. Public Contract Code § 10299, the city, through the Purchasing Agent may, without formal or informal bidding, contract with suppliers who have been awarded contracts by governmental entities for the purchase of goods, information technology, and services under the competitive process in Cal. Public Contract Code §§ 12100 to 12113. Such contracts typically take the form of master agreements, price schedules, or multiple award schedules. The city may make these purchases directly from the vendors or the state may provide assistance to the city in making these acquisitions.
   (C)   "Piggyback" purchasing. The city may utilize the purchasing practice commonly referred to as "piggyback" purchasing. The city, through the Purchasing Agent, may purchase supplies, equipment, or services without complying with the bidding or proposal procedures in this chapter from any supplier who offers the supplies, equipment, or services at the same or better price, terms, and/or conditions as the supplier previously offered to another city or other public agency as the lowest bidder pursuant to the competitive bidding or proposal process required by that city or other public agency, provided that:
      (1)   The competitive bidding or proposal process required by that city or other public agency is similar to that contained in this chapter; and
      (2)   The competitive bidding or proposal process required by that city or other public agency included all known bidders; and
      (3)   The supplier's bid or proposal was for like or greater quantities, and a like or greater quality, of supplies, equipment, or services.
(Ord. 996 C.S., passed 12-21-22)