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SEC. 4-3. PURCHASING AGENT.
   Except as otherwise ordered by city council, the purchasing agent shall provide the services stated in this chapter on behalf of all city departments. In the performance of his/her duties, the purchasing agent shall comply with applicable law and city council orders, including limitations on purchasing procedures. The purchasing agent may:
   (A)   Prepare and issue all solicitations.
   (B)   Issue a purchase order or execute a contract for procurement required by any city department, in accordance with procedures prescribed by this chapter up to the purchasing agent’s annual authorization.
   (C)   Amend any contract for supplies, equipment and services in any way that does not change the annual value, including, but not limited to, amendments extending the contract term, changing a vendor, contractor or consultant’s legal name, or authorizing higher costs and rates.
   (D)   Negotiate and recommend award of contracts for the purchase of supplies, equipment and services.
   (E)   Act to procure for the city the needed quality in supplies, equipment, and services at the best value to the city.
   (F)   Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases.
   (G)   Prepare and maintain for the city manager the purchasing manual, procurement card manual, and recommend revisions to both of these documents.
   (H)   Keep informed of current developments in the field of purchasing, prices, market conditions and new products.
   (I)   Maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations.
   (J)   Recommend to the city manager the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment that cannot be used by any department or that have become unsuitable for city use.
   (K)   Use cooperative purchasing, whereby multiple government agencies, cooperative entities, or jurisdictions enter into a contract to procure from each other or to collectively procure a vendor, contractor or consultant.
   (L)   “Piggyback,” whereby the city utilizes another agency or jurisdiction’s solicitation results, but enters into a separate contract or issues a separate purchase order with the vendor.
   (M)   Recommend award of and execute a negotiated contract, subject to a department director or city manager's approval, when the purchasing agent determines that obtaining bids, quotations and proposals is not in the city's best interest.
   (N)   Develop and maintain a list of contractors, vendors and professionals identified according to categories of work.
   (O)   Prequalify or prescreen contractors, vendors and consultants.
   (P)   Maintain a list of the construction trade journals, as determined for the county by the California Uniform Construction Cost Accounting Commission, to which the city must deliver notice of all informal and formal construction contracts being bid for work within the county.
(Ord. No. 2943, 3016)
SEC. 4-4. CONFLICT.
   (A)   The provisions of this chapter shall not apply to the extent that they conflict, and shall be interpreted and construed to be consistent, with any applicable State or federal laws or regulations, or the terms and conditions of any grant, contract, gift or bequest otherwise consistent with law.
   (B)   Any evaluation or selection practice under this chapter that would result in unlawful activity, including, but not limited to, any rebate, kickback or unlawful consideration is expressly prohibited. Any award of a contract where a public official has used his/her official position to influence a governmental decision in which he/she knows or has reason to know that he/she has a financial interest in any person or entity who seeks such a contract, or in the outcome of the selection process in any way, is expressly prohibited.
   (C)   Prior to participating in any procurement, a staff member will have to state the nature and length of his/her relationship, if any, to all bidders or proposers as well as any other personal interest in the outcome of the solicitation. A staff member must immediately notify the purchasing agent and not review any materials or attend any meetings regarding the procurement until further instruction from the purchasing agent if that staff member has, or reasonably should know that he/she has, a prior relationship or personal interest in the outcome of the solicitation.
(Ord. No. 2943)
SEC. 4-5. EXEMPTIONS.
   (A)   The city manager may authorize, in writing, any department to procure specified supplies, equipment, public projects and services independently of the purchasing agent.
   (B)   The following are exempted from obtaining competitive bids and proposals:
      (1)   Contracts unrelated to the procurement of goods, materials, public projects or services.
      (2)   Advertising (e.g., air time and newspaper and magazine advertising space, but not including advertising agencies or design services).
      (3)   Bank service fees.
      (4)   Government printed publications.
      (5)   Common carrier transportation.
      (6)   Travel payments directly to a hotel, motel, airline or other transportation (but not a conference or meeting room rental).
      (7)   Insurance.
      (8)   Memberships in professional organizations.
      (9)   Credit card payments to a bank.
      (10)   Contracts with other governmental entities.
      (11)   Permit fees, including, but not limited to, those to another governmental agency for operation of a city utility.
      (12)   Postage and United States Postal Service post office box fees (not private mail companies).
      (13)   Real property purchases, escrow fees and lease payments.
      (14)   Subscriptions to publications.
      (15)   Any utilities the city uses, including, but not limited to, payments for electricity or gas.
      (16)   Voting materials.
      (17)   Any other procurement exempted from bids or proposals in State or federal law.
      (18)   Legal brief printing and transcription.
      (19)   Legal services and services relating to legal matters.
      (20)   Anything relating to a confidential, ongoing police investigation and to other confidential police business.
   (C)   A purchase order, contract, or task order for legal services or services relating to legal matters may be awarded and executed by the city attorney, up to an annual authorization in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, or may be awarded and executed jointly by the city attorney and the most senior available member of the city council if over that amount.
   (D)   A purchase order, contract, or task order relating to a confidential, ongoing police investigation or other confidential police business may be awarded and executed jointly by the police chief and city manager up to an annual authorization in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, or may be awarded and executed jointly by the city manager and the most senior available member of the city council if over that amount.
(Ord. No. 2943)
SEC. 4-6. NO OBLIGATION TO CONTRACT.
   Nothing in this chapter shall require the city to authorize any purchase order or enter into any contract with any person or firm.
(Ord. No. 2943)
ARTICLE II. PUBLIC PROJECTS
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