The centralized purchasing system set forth in this chapter
is adopted to further California Government Code section 54202. Its
purpose is to establish efficient procedures outlining the purchase
of goods and services; to secure these goods and services at the lowest
possible cost commensurate with the quality needed; to exercise both
financial and quality control; and to clearly define authority for
the various purchasing functions.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
The city manager shall establish a centralized purchasing division
that shall have authority to purchase goods and services.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
In the case of public exigency or an emergency as defined in
section 8558 of the California Government Code, the city may dispense
with competitive procurement for the purchase of goods and services
for the duration of the exigency or emergency. The purchase may be
made under the direction of the city council or city manager. The
city manager is empowered to declare an emergency or public exigency
pursuant to chapter 7 of this code.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
All contracts executed pursuant to this chapter shall be subject
as to approval to form by the city attorney.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
As used in this chapter, "purchasing officer" shall mean the
person appointed by the city manager. In the absence of such an appointment,
the functions of the purchasing officer shall be performed by the
city manager or his or her designee. The purchasing officer shall
have general supervision of the purchasing division set forth in this
chapter. The duties of the purchasing officer may be combined with
those of any other office or position.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
The purchasing officer shall have authority to perform the following
duties:
(a)
Purchase
or contract for goods and services required by any department in accordance
with purchasing procedures prescribed by this chapter, administrative
regulations as adopted by the purchasing officer, and all other rules
and regulations as prescribed by the city manager;
(b)
Negotiate
and recommend execution of contracts for the purchase of goods and
services;
(c)
Procure
goods and services as needed by the city at the least expense to the
city while meeting required standards of quality;
(d)
Obtain
fair and open competition on all purchases;
(e)
Prepare
and recommend rules governing the purchase of goods and services to
the city manager for city council action;
(f)
Prepare
revisions and amendments to the purchasing rules, and recommend the
same to the city manager for city council action;
(g)
Keep
informed of current developments in the realm of purchasing, prices,
market conditions, and new products;
(h)
Utilize
and maintain such forms as are reasonably necessary to the operation
of this chapter and other rules and regulations;
(i)
Supervise
and inspect goods and services purchased to ensure conformance with
specifications;
(j)
Recommend
to the city manager the transfer of surplus or unused supplies and
equipment between departments, and the sale of surplus city property;
(k)
Maintain
a bidders' list, vendors' list, catalog file, and records needed for
the efficient operation of the purchasing system;
(l)
Prepare
specifications for goods and services for the city in consultation
with affected departments; and
(m)
Such
other responsibilities deemed appropriate by the city council or city
manager.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
The purchasing officer, or his or her designee, shall be responsible
for the inspection of delivered goods to conform with purchase order
specifications. The purchasing officer shall have authority to require
chemical and physical tests of samples submitted with the bids, and
samples of deliveries, whenever necessary to determine quality and
conformance with specifications.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
Before entering into a contract, the city shall have authority
to require a performance bond in such amount as it shall find reasonably
necessary to protect the best interests of the city. If the city requires
a performance bond, the form and amount of the bond shall be described
in the notice inviting bids.
(Ord. No. 2020-17 § 1, 8-12-20)
The city receives from the state 1% sales tax revenue of all
sales within the city. Therefore, a 1% credit on quotes or bids shall
be allowed to vendors in the City of Escondido supplying goods that
have submitted proof of sales tax remittance within the city limits,
except when prohibited by state or federal rules and laws.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
Except in cases of emergency, exigency, or in cases where specific
authority has been first obtained from the city council, the purchasing
officer shall not issue a purchase order for goods or services unless
there exists a budget appropriation in the affected department's budget.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
Departments shall submit requests for goods or services to the
purchasing officer by standard requisitions or by other means established
by the purchasing rules and regulations.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
Purchases of goods or services may be processed by purchase
orders. Except as otherwise provided in this chapter, no purchase
order may be issued unless prior approval by the purchasing officer
has been obtained. Except in the case of a declared emergency or exigency,
no purchase shall be valid and binding against the city without an
accompanying contract or purchase order.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
The splitting or separating of any purchase or contract into
smaller orders or projects to avoid compliance with this chapter is
strictly prohibited.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
The purchasing officer may authorize purchases of goods or services
with cooperative purchasing programs conducted by the state, county,
or any other public or cooperative agency when such agency has processed
these cooperative purchases competitively. Cooperative purchases must
be authorized in advance by the purchasing officer.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
No obligation for the payment of goods or services shall be
incurred by the city except as prescribed by this chapter. Any agreement
for the purchase or lease of goods or services made contrary to the
provisions of this chapter, and any demand against the same shall
be invalid.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
Petty cash may be used to purchase supplies without a purchase
order for amounts of less than $50. With the authorization by the
purchasing officer, petty cash may be used to reimburse employees
when their own funds are used to purchase miscellaneous supplies.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
The purchasing officer may negotiate leasing contracts when
leasing of equipment is considered to be the best contracting option
for the city. If feasible, the award shall be based upon at least
three written proposals and shall be awarded to the most responsible
vendor whose proposal is responsive and is determined to be most advantageous
to the city, taking into consideration price and the evaluation criteria
set forth in the request for proposal. The city may negotiate with
one or more of the vendors for final contract award based on best
value to the city. Best value means the same as used in Sec.10-98
of this article.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
The purchasing officer shall purchase goods from a state-certified
disabled veteran business enterprise whenever possible, except when
prohibited by state or federal rules and laws. A 2% credit on the
bid price shall be allowed to vendors that have submitted proof of
state certification of a disabled veteran business enterprise.
(Ord. No. 2016-03R § 1, 4-6-16; Ord. No. 2020-17 § 1, 8-12-20)
(a)
Authorization
and responsibility for the purchase of goods or services shall be
by the following parties, once all insurance requirements are met
and agreements have been approved to form by the city attorney:
(1)
The city council shall approve contracts for amounts over $200,000.
(2)
The city manager may approve and execute contracts up to a maximum
amount of $200,000.
(3)
Department heads may approve and execute contracts up to a maximum
amount of $75,000.
(4)
Department head designee(s) by written authorization may approve
and execute contracts up to a maximum amount of $25,000.
(b)
Authorization
for the purchase of goods or services shall be made on standard forms
approved in advance for such purpose, or on other forms with the approval
of the city attorney.
(c)
The
city attorney shall be the awarding authority for the procurement
of legal services, regardless of the dollar amount, up to the amount
of appropriations available.
(Ord. No. 2020-17 § 1, 8-12-20)
(a)
No
change to an agreement or a contract shall be made without the issuance
of a written amendment. Also, no payment for any such change shall
be made unless a written amendment has first been approved and executed
in accordance with this section, designating in advance the work to
be done and the amount of additional compensation to be paid.
(b)
The
authorized purchaser shall have the authority to execute amendments
within the authority granted by section 10-96, provided the total
amount as revised is no greater than 10% of the upper limit of that
authority.
(c)
If
the funding for an agreement or a contract has been previously approved
and the expenditure of such funds has been authorized by the city
council, the city manager shall have the authority to execute amendments
for any such contract or agreement as follows:
(1)
Amendments to all contracts or agreements in an amount not to exceed
25% of the original price, which may exceed the city manager's authorization
set forth in section 10-96.
(2)
The city council may by resolution authorize the city manager to
approve amendments in excess of 25% to an amount determined appropriate
for such agreement or contract by the city council.
(Ord. No. 2020-17 § 1, 8-12-20)
(a)
The
purchasing officer may authorize the use of competitive, negotiated
procurement procedures for the purchase of specialized goods or services,
or both goods and services including, but not limited to, the purchase
of technology-related services or goods.
(b)
The
competitive negotiated procurement procedures are as follows:
(1)
A request for proposals is submitted to at least three vendors or
contractors which must include the evaluation criteria to be used
for selection of the successful vendor or contractor; and
(2)
Written proposals are submitted based upon the proposed goods or
services, qualifications, price, and other relevant criteria; and
(3)
The purchasing officer may select the proposal or proposals that
provide the best value to the city. Best value means the most advantageous
offer determined by evaluating and comparing all relevant criteria
in addition to price so that the offer meeting the overall combination
that best serves the city is selected. These criteria may include,
in addition to others, the total cost of ownership, performance history
of the vendor or contractor, quality of goods, delivery, and proposed
technical performance; and
(4)
The city may negotiate with one or more of the vendors or contractors
for final contract award based on the best value to the city.
(Ord. No. 2020-17 § 1, 8-12-20)
