Chapter 3.24
PURCHASING SYSTEM
Sections:
3.24.030 Purchasing authority.
3.24.040 Centralized department created.
3.24.060 Bidding and competitive selection.
3.24.080 Encumbrance of funds.
3.24.090 Purchases under $50,000.
3.24.100 Purchases over $50,000.
3.24.110 Inspection and testing.
3.24.120 Surplus supplies, goods and equipment.
3.24.130 Exemptions to any procurement method.
3.24.140 Cooperative purchasing.
3.24.160 Uniform administrative requirements.
3.24.010 Short title.
This chapter shall be known and may be referred to as the “purchasing ordinance” of the City. (Ord. 1040 Sec. 1, 2018; Ord. 760, September 2000)
3.24.020 Adopted—Purpose.
In order to establish efficient procedures for the purchase of services, goods, supplies and equipment, to secure for the City services, goods, supplies 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, a purchasing system is adopted. (Ord. 1040 Sec. 1, 2018)
3.24.030 Purchasing authority.
The authority for the purchase and sale of supplies, goods, equipment and services is vested in the City Manager. The City Manager or the designated department head shall have authority to:
A. Purchase or contract for supplies, goods, equipment and services in accordance with purchasing procedures prescribed by this chapter and such other rules and regulations as may be adopted by the City Council;
B. Negotiate and recommend execution of contracts for the purchase of supplies, goods, equipment and services in a responsible, cost-effective and timely manner for the City. In doing so, he/she should discourage collusive bidding and endeavor to obtain as full and open competition as possible on all purchases;
C. Prescribe policies and procedures to ensure that all supplies, goods, equipment and services purchased meet the terms and conditions of bid specifications, contracts and purchase orders;
D. Supervise the transfer of surplus or unused supplies, goods and equipment between departments as needed and the sale of all supplies, goods and equipment which cannot be used by any department, or which have become unsuitable for City use;
E. Prescribe policies and procedures to operate and maintain the storage facilities of the City and such control records as are necessary for the proper inventory of stocks, supplies, goods and equipment;
F. Advise the City Council of rules and procedures governing the purchase of supplies, goods, equipment and services for the City; recommend revisions and amendments to said purchasing rules and procedures. (Ord. 1040 Sec. 1, 2018)
3.24.040 Centralized department created.
There is hereby created a centralized Purchasing Department in which is vested authority of the purchase of supplies and equipment. (Ord. 1040 Sec. 1, 2018)
3.24.050 Requisitions.
Requests to purchase supplies, goods, equipment or services subject to quotes, bids or competitive selection process shall be documented in writing and approved according to prescribed signature authority prior to initiating the procurement process. Requestors shall submit requests for supplies, goods, equipment and services to the department head or authorized designee by standard requisition form for any purchase over $3,500. Purchases under $3,500 shall be processed using an approval stamp and/or request for check. Requestors shall file detailed estimates of their requirements for supplies, goods, equipment and services in such a manner, at such time, and for such future periods as the City Manager shall prescribe. (Ord. 1040 Sec. 1, 2018)
3.24.060 Bidding and competitive selection.
Purchases of supplies, goods, equipment and services may be by bid or competitive selection process. Bidding or competitive selection shall be utilized as a purchase procedure when, in the determination of the City Manager, the best interests of the citizens will be served; or negotiation will be utilized in those instances when, in the opinion of the City Manager, the best value to the citizens can be obtained by that procedure provided such procurement meets the requirements of Government Code. When the amounts involved are more than $50,000, and whether bidding procedure is used or not, all such purchases, contracts and sale of personal property shall be subject to approval by the City Council. (Ord. 1040 Sec. 1, 2018)
3.24.065 Local preference.
In order to promote the economic health and development of the City, to recognize the amount of sales tax that is returned to the City as a result of the award of a purchase contract for goods and services to a local bidder, and to encourage local participation in the purchase of goods and services which do not otherwise constitute procurements for public works projects, the City Manager or the designated purchasing agent may, with respect to each particular purchase, whether under or over $50,000, grant a three percent preference to quoting or bidding vendors whose businesses are located within Norco City limits. This local preference shall apply in those situations where it is not specifically precluded by any applicable law or statute. Purchasing goods and services from local vendors which stimulate the local economy is encouraged but not required. (Ord. 1040 Sec. 1, 2018; Ord. 720, 1997)
3.24.070 Purchase orders.
The purchase of supplies, goods, equipment and services for any purchase over $3,500 shall be made by purchase orders or contracts. The department head or authorized designee may authorize requisitions, purchase orders and contracts for purchases up to $25,000. The City Manager or designee shall authorize requisitions, purchase orders and contracts purchases for amounts over $25,000. Such purchases or contracts shall be made in conformity with the procedures established by this chapter. When the amounts involved are more than $50,000, and whether bidding or competitive selection procedure is used or not, all such purchases, contracts and sale of personal property shall be subject to approval by the City Council. (Ord. 1040 Sec. 1, 2018)
3.24.080 Encumbrance of funds.
Except in cases of emergency, purchase orders or contracts shall not be issued unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. (Ord. 1040 Sec. 1, 2018)
3.24.090 Purchases under $50,000.
Except as otherwise provided in this chapter, purchase of supplies, goods, equipment and services of an estimated value in the sum of $50,000 or less may be made by the City Manager in a manner that provides full and open competitive procurements pursuant to the procedure described as follows:
A. Purchases between $3,500 and $50,000 shall be based on at least three competitive quotes, and shall be awarded to the lowest responsible quotation for supplies, goods, or equipment and based on a combination of technical qualifications, experience and price for services.
B. Quotes may be solicited and received by telephone and documented in writing for purchases between $3,500 and $10,000. Written quotes shall be solicited for purchases over $10,000 from prospective vendors.
C. The department head or authorized designee shall keep a record of all full and open orders and quotes for a period of one year after the submission of quotes or the placing of orders.
D. For purchases of $50,000 or less, the City Manager may authorize the department head or authorized designee to purchase supplies, goods, equipment and services under the above described provisions. (Ord. 1040 Sec. 1, 2018)
3.24.100 Purchases over $50,000.
Except as otherwise provided in this chapter, purchase of supplies, goods, equipment and services of an estimated value greater than $50,000 shall be by written contract with the lowest responsible bidder for supplies, goods or equipment or with the best proposal based on a combination of technical qualifications, experience and price for services. Award of said contract shall be made by the City Council pursuant to the procedures prescribed as follows:
A. Notice Inviting Bids. Notice inviting bids shall include a general description of the articles, supplies, goods or equipment to be purchased; shall state where bid plans and specifications may be secured and the time and place for opening of bids.
B. Published Notice. Notice inviting bids shall be published at least twice in a newspaper of general circulation, printed and published in the City at least 10 days before the date of opening of the bids, which opening date, time and place shall be specified in said notice.
C. Bidder’s List. Sealed bids shall be solicited from all responsible prospective vendors whose names are on the bidder’s list or who have requested in writing that their names be added thereto.
D. Bulletin Board. The department head or authorized designee shall also advertise intended purchases or sales by a notice posted on a public bulletin board in City Hall.
E. Bidder’s Security.
1. When deemed necessary by the department head or authorized designee, bidder’s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless the City is responsible for the delay.
2. The City Council may, on refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest bidder or next qualified-based bidder for professional services. The amount of the lowest bidder’s security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
F. Bid Opening Procedure. Sealed written bids shall be submitted to the department head or designee and shall be identified as “Bids” on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. Bids received after the appointed hour for opening will be returned unopened to the sender.
G. Rejection of Bids. At its discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed in this section.
H. Tie Bids. If two or more bids received are the lowest and for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council, in its discretion, may accept the one it chooses or accept the lowest bid made by and after City’s negotiation with the tie bidders.
I. No Bids. If no bids are received, the City Council may make the purchase without further complying with the bidding requirements of this chapter.
J. Performance Bonds. The City Council, before entering a purchase contract, shall have authority to require a performance bond and a labor and material bond in such amounts as it shall find reasonably necessary to protect the best interest of the City as required by law, and the amounts of such bonds shall be described in the notice inviting bids.
K. Request for Proposals (RFP). A request for proposal describing the type and scope of services desired shall be prepared and made available to potential proposers for the procurement of professional and contractual services. The RFP shall outline the evaluation and selection criteria which shall include but not be limited to firm background, qualifications of assigned personnel, experience providing requested services, references and price. (Ord. 1040 Sec. 1, 2018)
3.24.110 Inspection and testing.
The department head or the designated official shall be responsible for the inspection of the ordered supplies, goods and equipment upon delivery to determine their conformance with the specifications as set forth in the purchase order or the contract. The department head or the designated official shall have the 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 the specifications. Samples of items, when required, shall be furnished free of expense to the City and, if not destroyed by tests, will, upon request, be returned at the bidder’s expense. (Ord. 1040 Sec. 1, 2018; Ord. 760, September 2000, Ord. 424 Sec. 11, 1979)
3.24.120 Surplus supplies, goods and equipment.
A. All using departments shall submit to the City Manager or authorized designee, at such times and in such form as he/she shall prescribe, reports showing all supplies, goods and equipment which are no longer used or which have become obsolete or worn out.
B. The City Manager or authorized designee shall have authority to sell all supplies, goods and equipment which cannot be used by any department or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies and equipment. Such sale shall be made in accordance with Sections 3.24.090 and 3.24.100, whichever is applicable, with the exception that the sale be made to the highest responsible quotation/bid. (Ord. 1040 Sec. 1, 2018)
3.24.130 Exemptions to any procurement method.
Exemption to any required procurement method may be approved by the City Manager under the following circumstances:
A. Sole-source or select-source purchase. To determine that a sole-source or select-source purchase exists, rationale and/or proof must be provided in the requisition.
1. Acquisition of brand name to ensure compatibility with other City products and equipment.
2. Only one manufacturer or vendor makes and/or sells the required equipment (sole source).
B. State, County, or other public agency cooperative purchasing program or contracts utilizing procedures or other participation from agencies which require conformance with State, Federal or other contracting regulations.
C. When deemed necessary for acceptable operation of a machine and/or device, or as required by warranty or contract on the machine or device; written documentation supporting a purchase must be provided.
D. Emergency purchases made necessary by an immediate threat to life or property or a substantial disruption of a vital public service.
This chapter does not apply where the City Council has contracted for and by resolution transferred the authority to make the purchase of supplies and equipment to another governmental agency or officer. (Ord. 1040 Sec. 1, 2018)
3.24.140 Cooperative purchasing.
To foster greater economy and efficiency, and in accordance with efforts to promote cost effective use of shared services across State, local and Federal government, the City is encouraged to enter into State and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. (Ord. 1040 Sec. 1, 2018)
3.24.150 Unlawful purchases.
A. If any department purchases or contracts for any supplies, materials, goods, equipment or services contrary to the provisions of this chapter, such purchase order or contract shall be void and of no effect. The department head or authorized designee making such purchase transaction may be personally liable for the amount of such purchase order or contract. Any employee effecting any procurement action outside of the provisions of this chapter and without Council authorization to do so may be subject to disciplinary action and/or termination.
B. Gratuities. The acceptance of any gratuity or anything having a monetary value in connection with any purchasing decision to any official or employee of the City by any vendor or contractor, potential vendor, family or employees of a vendor, or any other person, shall be cause for declaring such individual or firm to be an irresponsible bidder and for debarring him from bidding for a reasonable period of not less than one year. Such debarred bidder shall be notified in writing of such action and shall be furnished with a statement of the reasons therefor. Employees receiving gratuities or anything having monetary value in connection with any purchasing decision may be subject to disciplinary action and/or termination. (Ord. 1040 Sec. 1, 2018)
3.24.160 Uniform administrative requirements.
For Federal-funded projects and purchases, the City shall comply with the Office of Management and Budget’s (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 CFR Part 200. (Ord. 1040 Sec. 1, 2018)