Chapter 3.16


3.16.010    Adoption of purchasing system.

3.16.020    Centralized purchase department.

3.16.030    Purchasing officer.

3.16.040    Exemptions from centralized purchasing.

3.16.050    Inspection and testing of supplies, materials and equipment purchases.

3.16.060    Encumbrance of funds.

3.16.070    Unlawful purchases or contracts.

3.16.080    Informal bid procedures.

3.16.090    Contractors list.

3.16.100    Notice inviting informal bids.

3.16.110    Award of contracts.

3.16.010 Adoption of purchasing system.

Pursuant to the authority of Government Code Section 54201 et seq., a purchasing system is adopted. Such policy, which may also address contracting for services and public projects pursuant to law including, but not limited to, Public Contracts Code Section 22000 et seq., is intended to establish efficient procedures for the purchase of supplies, materials and equipment at the lowest possible cost commensurate with the quality needed, to ensure efficient and cost effective procedures for public contracting, to exercise positive financial control over purchases and contracts, to clearly define authority for the purchasing and contracting functions and to assure the quality of purchases and services provided pursuant to public contracts. (Ord. 97-04 § 2)

3.16.020 Centralized purchase department.

There is created a centralized purchasing department in which is vested authority for the purchase of supplies, materials and equipment. (Ord. 97-04 § 3; Ord. 83-13 § 1 (part): prior code § 2501)

3.16.030 Purchasing officer.

The purchasing officer shall be the head, and have general supervision of the purchasing department. The duties of the purchasing officer may be combined with those of any other office or position. Unless and until changed by an amendment to subsection I of Section 2.16.070, the city manager shall serve as purchasing officer. The purchasing officer shall have authority to:

A.    Purchase or contract for supplies, materials and equipment required by any city department. All such purchases and contracts shall be made in accordance with the procedures adopted pursuant to this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing department and such other rules and regulations as shall be prescribed by the city council;

B.    Negotiate and execute contracts for the purchase of supplies, materials and equipment;

C.    Act to procure for the city the needed quality in supplies, materials and equipment at least expense to the city;

D.    Discourage collusive bidding and endeavor to obtain as full and open competition as possible on all purchases;

E.    Establish rules governing the purchase of supplies, materials and equipment for the city, and revise and amend such rules;

F.    Keep informed of current developments in the field of purchasing, prices, market conditions and new products;

G.    Prescribe and maintain such forms as reasonably necessary to the operations of this chapter and other rules and regulations, including the use of consecutively numbered purchase orders;

H.    Supervise the inspection of all supplies, materials and equipment purchased to insure conformance with specifications;

I.    Recommend the transfer of surplus or unused supplies and equipment between department as needed, and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use;

J.    Maintain a bidders’ list, vendors catalog file and records needed for the efficient operation of the purchasing department. (Ord. 97-04 § 4; Ord. 82-13 § 1 (part): prior code § 2502)

3.16.040 Exemptions from centralized purchasing.

The purchasing officer may authorize any city department to purchase or contract for specified supplies, materials, equipment and services independently of the purchasing department, provided that such purchases or contracts be made in conformity with the procedures adopted pursuant to this chapter. (Ord. 97-04 § 5: Ord. 82-13 § 1 (part): prior code § 2503)

3.16.050 Inspection and testing of supplies, materials and equipment purchases.

The purchasing officer shall inspect supplies, materials and equipment delivered, and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 97-04 § 6 (part); Ord. 82-13 § 1 (part): prior code § 2505)

3.16.060 Encumbrance of funds.

Except in cases of emergency, or by order of the city council the purchasing officer shall not issue any purchase order for supplies, materials and equipment, unless there exists an unencumbered appropriation in the department budget against which said purchase is to be charged. (Ord. 97-04 § 6 (part); Ord. 82-13 § 1 (part): prior code § 2506)

3.16.070 Unlawful purchases or contracts.

If any officer or employee purchases or contracts for any supplies, materials, equipment or contractual services contrary to the provisions of this chapter, such purchase order or contract shall be void and of no effect. The officer or employee making such purchase or contract shall be personally liable for the amount of such purchase or contract, and if already paid for out of city funds, the amount thereof may be recovered in the name of the city in an appropriate action therefor. (Ord. 97-04 § 6 (part); Ord. 82-13 § 1 (part): prior code § 2507)

3.16.080 Informal bid procedures.

Public projects, as defined by the Uniform Public Construction cost Accounting Act, of a maximum value as prescribed by California Code, or less may be let to contract by informal bidding procedures as set forth in section 22032, et seq., of the Public Contract Code. (Ord. 2004-04, Amended, 07/06/2004; Ord. 97-04 § 7 (part))

3.16.090 Contractors list.

A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (Ord. 97-04 § 7 (part))

3.16.100 Notice inviting informal bids.

Where a public project is to be performed which is subject to the provisions of this Chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with section 22034 of the Public Contract Code, or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code, or both. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided, however:

A.    If there is no list of qualified contractors maintained by the county for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission;

B.    If the project or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice of inviting informal bids may be sent exclusively to such contractor or contractors.

(Ord. 2004-04, Amended, 07/06/2004; Ord. 97-04 § 7 (part))

3.16.110 Award of contracts.

The purchasing officer and the public works director are each authorized to award informal contracts pursuant to this Chapter. (Ord. 97-04 § 7 (part))