In order to establish efficient procedures for the purchase of supplies, services 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 centralized purchasing system is adopted and vested with the authority for the purchase of all city supplies, services and equipment.
(Ord. 42 § 1, 1990)
Purchasing authority levels and competitive procedures are determined based on the values and position titles set forth herein.
Purchasing/Procurement Type
City Council Approval Required if Value Exceeds
Formal Competitive Procedure for Values(2)
Informal Competitive Procedure if Value is Between(3)
No Competitive Procedure Requirement if Value is Between
General Purchases(1)
$30,000
> $30,000
$25,000.01 and $30,000
$0 and $25,000
Professional Services(1)
$75,000
> $75,000
$25,000.01 and $75,000
$0 and $25,000
Public Projects/Construction(4)
$5,000
> $5,000
$1,000.01 and $5,000
$0 and $1,000
Notes:
(1)
These limits apply to the aggregate total of any procurement, including any revisions/change orders
(2)
Formal competitive procedures as defined by this chapter for each purchasing/procurement type must be followed unless waived by the city council.
(3)
Informal competitive procedures as defined by this chapter for each purchasing/procurement type must be followed.
(4)
For public projects/construction, see requirements in Section 2.24.130.
(5)
Varies by procurement type as specified above in this section.
Position
Purchasing Authority Limit
Full-time positions authorized and designated by the City Manager
Up to $1,000
Supervisors
Up to $1,500
Managers
Up to $3,000
Department Directors
Up to $15,000
Purchasing Officer
Up to $25,000
City Manager
Up to Council Authority(5)
The above limits apply to individual purchases or the total accumulated annual amount of an ongoing/regular service. No procurement shall be split into parts by any concerned party to produce amounts artificially lower than the overall total purchase price in order to circumvent this chapter.
(Ord. 414 § 2, 2022)
For purposes of this chapter, purchases of supplies, services, and equipment are categorized as follows:
A. 
General purchases. General purchases include all goods and non-professional services. Non-professional services are generally services not rendered by a person with specialized knowledge or skills that require credentials such as a college degree or a professional license and include the following examples: facility or maintenance services, landscaping services, recycling services, plumbing services, electricians, pest control, equipment repair and maintenance, equipment rental, security guard services, alarm monitoring, window washing, and janitorial services.
B. 
Professional services. Professional services are services provided by members of an occupation that usually involve a specialized knowledge/skills, formal qualification and prolonged training in a profession. Professional service examples include accountants, actuaries, temporary staffing companies, appraisers, architects, attorneys, computer consultants, economic and finance consultants, insurance brokers and consultants, engineers, geologists, land surveyors, inspectors and planners, marketing, and media experts, software as a service (SaaS), etc. The general selection criteria for determining which firm will be selected includes, but is not limited to:
1. 
Consultant’s relative experience, approach, availability, knowledge of the subject area;
2. 
Fees for services shall be considered but shall not be an overriding consideration.
C. 
Public projects/construction. “Public project” shall have the meaning set forth in Section 22002 of the California Public Contract Code, or successor stature thereto, as may be amended from time to time.
(Ord. 414 § 3, 2022)
There is created the position of purchasing officer, who shall be appointed by the city manager. The purchasing officer shall be the head, and have the general supervision of all purchasing functions of the city. The duties of the purchasing officer may be combined with those of any other office or position. Subject to supervision of the city manager, the purchasing officer shall have the authority to:
A. 
Purchase or contract for supplies, services and equipment required by any using agency, within the limits of the current budget approved by the city council, and in accordance with purchasing procedures prescribed in this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing function, and such other rules and regulations as shall be prescribed by the city council or the city manager;
B. 
Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment;
C. 
Act to procure for the city the needed quality in supplies, services and equipment at least expense to the city;
D. 
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;
E. 
Prepare and recommend to the city manager, rules and procedures governing the purchase of supplies, services and equipment for the city and revisions and amendments to such rules and procedures;
F. 
Prescribe and maintain such forms as are reasonably necessary to conform to the requirements of this chapter and other rules and regulations;
G. 
Recommend to the city manager the transfer of surplus or unused supplies and equipment between departments and using agencies, as needed, and the sale of all supplies and equipment unsuitable for city use;
H. 
Maintain vendors’ files and such other records as are needed for the efficient operation of the purchasing function;
I. 
Create, maintain, and revise as necessary formal administrative policies and procedures governing all aspects of the purchasing system of the city. Said policies and procedures, including any subsequent revisions, shall be approved by the city manager and shall be consistent with the provisions of this chapter. In the event that an ambiguity or conflict arises between said policies and procedures and the provisions of this chapter, the provisions of this chapter shall prevail.
(Ord. 42 § 1, 1990; Ord. 414 § 4, 2022)
The purchasing officer, with approval of the city manager, may authorize, in writing, any agency to purchase or contract for specified supplies, services and equipment independent of the purchasing officer; but he or she shall require that such purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. The purchasing officer may also rescind such authorization with written notice to the agency concerned.
(Ord. 42 § 1, 1990)
All using agencies shall file detailed estimates of their requirements for supplies, services and equipment in such manner, at such times, and for such future periods as set forth in rules prescribed by the city manager.
(Ord. 42 § 1, 1990)
All using agencies shall submit requests for supplies, services and equipment to the purchasing officer by standard requisition forms according to the rules prescribed by the city manager.
(Ord. 42 § 1, 1990)
A. 
Purchases of supplies, services and equipment and the sale of personal property shall be by competitive procedures, pursuant to applicable sections within this chapter. With the exception of purchases covered by Article 4 of Chapter 1 of Part 3 of the State Public Contracts Code, competitive procedures may be dispensed with when an emergency requires that an order be placed with the nearest available source of supply, or when the commodity is a sole source item which can be obtained from only one vendor. Sole source items shall include purchases of items where there are restrictions in specifications due to the need for standardization or compatibility. The city council may also, by majority vote of its entire membership, dispense with such competitive and other procedures required by this chapter in any individual instance upon finding that it would be impracticable, useless or uneconomical in such instance to follow such procedures, and that the public welfare would be promoted by dispensing with the same.
B. 
Alternative purchasing procedures. In lieu of the purchasing and competitive procedures set forth in this chapter, the following alternative purchasing procedures may be used at the discretion of the purchasing officer for the purchase of supplies, equipment or services.
1. 
Purchases from the California department of general services, pursuant to California Government Code Section 54205, or the successor statute thereto.
2. 
Purchases from any joint powers agency or any agency with which the city has entered into a joint powers agreement for purchase of equipment or supplies; provided that the city manager determines that the item can likely be obtained at a cost which is less than the city could likely obtain through the purchasing procedures set forth in this chapter.
3. 
Purchases of supplies, equipment or services where competitive procedures have already been utilized, such as purchases from federal, state or county governments, including, state of California agencies, counties, cities, joint power agencies, special districts, and nonprofit agencies whose main purpose is to assist cities or other public entities, and the supplies or equipment are supplied to the city at the same or better price, as was obtained through the competitive procedures of that entity.
C. 
Procurements which by their nature are not suited to award by competitive bidding shall not be subject to the competitive requirements and/or approval authority limits specified in this chapter as identified in the table below. The city manager/designee or purchasing officer/designee shall have the authority to approve the following items:
Description
Exempt from Competitive Procedure
Exempt from Approval Authority Limits in § 2.24.012
1. Utility services such as water, electric power, natural gas, telephone and internet service provider, except when alternative supplies or services are available
X
X
2. Witness and jury fees and other payments as may be ordered by the court
X
X
3. Medicines or medical supplies or services which are not generic in nature, and which would not be available from other sources through competitive bid or negotiation
X
 
4. Advertisements and notices
X
 
5. Courier/delivery/messenger
X
 
6. Emergency fuel purchases
X
X
7. Insurance claims and premiums
X
X
8. Medical payments (physicians, lab)
X
 
9. Membership dues
X
 
10. Payments to other governments
X
 
11. Petty cash replenishment
X
 
12. Property rentals
X
 
13. Real property/easement acquisition
X
 
14. Subscriptions
X
 
15. Trade circulars/books/periodicals/subscriptions
X
 
16. Travel expense/advances
X
 
17. Seminars/conferences
X
 
18. Required government or regulatory goods and services
X
 
19. Fringe benefits
X
X
20. Debt service payments
X
X
21. Purchases made on behalf of a third-party, for which that third-party will be promptly and appropriately billable, excluding grant-related expenditures (i.e., costs incurred on behalf of a customer renting a facility)
X
X
22. Performing artists and any vendors for city events
X
X
23. Urgent repairs to continue existing city operations in compliance with California Government Code up to double the city manager’s authority established in Section 2.24.012
X
X
24. Postage
X
X
25. Bank administrative charges
X
 
26. Memorandum of understanding (MOU) and related agreements with other public agencies for joint projects
X
 
27. Real estate purchases, leases and easements
X
 
28. Conservation Partnership Agreements
X
 
29. Temporary staffing agencies agreements with staffing agencies
X
 
30. Inventory held for resale at city events or the city store
X
 
31. California Correctional Industries Division purchases
X
 
32. Materials purchased at public auction, bankruptcy sale, or similar auction/sale where purchases are made significantly below market cost
X
 
33. Other items for which a competitive procurement procedure cannot be practicably applied
X
 
Other items may be exempt from competitive procurement as determined by city council authorization at any time.
(Ord. 42 § 1, 1990; Ord. 414 § 5, 2022)
Any bid received pursuant to the procedures of this chapter shall not be disclosed directly or indirectly to any other bidder until the bidding is closed.
(Ord. 42 § 1, 1990)
A “local vendor” means a firm or individual that maintains a place of business in, or maintains an inventory of merchandise for sale in, and who pays appropriate business permit/license fees to the city. With respect to those bids relating to the purchase of items subject to state sales tax, the term “lowest responsible bidder” shall be deemed to include a five percent discount for local vendors in the computation of bids in order to reflect the financial advantages that accrue to the city by the award of a bid to a local vendor and to encourage businesses to locate, remain and expand in the city. The city shall also consider the cost to the city to pick up supplies and equipment at some distance from the city, to obtain parts and supplies, and to transport such items for repair and maintenance in the computation used to award contracts.
To qualify for the preference, the local vendor shall:
A. 
Hold a valid business licensed issued by the city of Yucaipa;
B. 
Where sales tax will be paid for the purchase, possess a valid resale license from the State Board of Equalization showing evidence of a local business address within the city of Yucaipa; and
C. 
Have paid all business and/or real property tax due to the city of Yucaipa for the most recent year. This provision shall not apply to businesses that were not established at that time or where no taxes were due.
(Ord. 42 § 1, 1990; Ord. 321 § 1, 2012)
Purchases of supplies, services and equipment shall be made only by purchase order, unless otherwise authorized by formal administrative procedure or in writing by the city manager.
(Ord. 42 § 1, 1990)
The purchasing officer may enter into purchasing agreements with other governmental agencies, such as the county of San Bernardino and the state of California, for the purchase of supplies, services and equipment. In such instances, the procedures of that agency shall satisfy all city requirements for the bid and award of purchase contracts.
(Ord. 42 § 1, 1990)
Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged.
(Ord. 42 § 1, 1990)
Purchases of supplies, equipment, and services not subject to the conditions specified in Section 2.24.130, may be made subject to the purchasing authority limits as defined in Section 2.24.012 and in accordance with the procedures set forth in this section, without compliance with the formal competitive procedure set forth in Section 2.40.120. The respective department shall solicit competitive bids/quotes for all such purchases pursuant to the procedures described herein:
A. 
It is required that three or more bids/quotes will be obtained, wherever practicable.
B. 
The competitive procedures set forth in this section may be waived by the city manager in instances of valid emergencies or sole source, or when it is determined that the public interest would not be best served by competitive bidding. All such instances shall be fully recorded.
(Ord. 414 § 7, 2022)
Except as otherwise provided in this chapter, all purchases requiring or a formal competitive procedure shall be made pursuant to the procedures prescribed herein:
A. 
Except as otherwise provided by ordinance, all formal procurements for goods and non-professional services, shall be awarded by formal competitive procedure to the lowest responsible bidder. A request for quote (RFQ) and related notices shall be distributed, and the department heads shall keep a list of the date the bids were distributed and a list of the vendors to whom the bids were distributed.
B. 
Under the formal procedure, the RFQ shall include a procurement description and all terms and conditions applicable to the procurement and shall, at a minimum, be posted via two of the following methods:
1. 
E-procurement, an online procurement system;
2. 
Physically at City Hall;
3. 
In appropriate trade publications; or
4. 
Other acceptable forms of general circulation or publications to maximize distribution.
C. 
The date of posting or publication shall be at least fourteen (14) days before the date of opening of the bids, or the final date for accepting bids. All formal bids shall be sealed and shall be publicly opened and read at the date, time, and place indicated in the published notice. Specification packages should be made available to interested bidders. The using or requesting department head shall determine if a security deposit is necessary. The requesting department head shall also determine if a payment is necessary for a prospective bidder to acquire a specifications package.
D. 
Received bids shall be reviewed for compliance with specifications by the using or requesting city department. All deviations from the specifications shall be fully documented by the requesting city department and the impact of the deviations on the performance or suitability of the procured item shall be detailed. Depending on the findings of the requesting city department regarding the deviations, the bid may be rejected (must be in writing), or a recommendation may be made to the city council. Various recommendations may be made depending on the outcome of the procurement, including selecting a vendor, rejecting all the bids, or deciding to modify the bids, and re-advertise.
E. 
Lowest responsible bidder. The term “lowest responsible bidder” means that bidder, which best responds in price, quality, service, fitness or capacity to the particular requirements of the city. Price alone shall not be the sole determining factor, but shall be considered along with other factors, including, but not limited to, the ability of the bidder to deliver, availability of parts and services on a timely basis, prior experience with the bidder, and other factors relating to the particular needs of the city for the supplies, equipment or services.
F. 
Award of purchase or contract. Purchases or contracts shall be awarded by a majority vote of the city council, if city council authorization is required by Section 2.24.130, to the lowest responsible bidder, except as otherwise provided herein.
G. 
Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest would not be promoted by readvertising for bids, the city council may accept the low bid it chooses, or may accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. In the case of a tie, preference shall be given to responsible local bidders.
H. 
Performance bonds. The purchasing officer shall have the authority to require a performance bond before entering into a contract, in such amount as he/she shall find reasonably necessary to protect the best interests of the city. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids.
(Ord. 42 § 1, 1990; Ord. 414 § 8, 2022)
When the expenditure required for a public works project exceeds five thousand dollars ($5,000.00), it shall be contracted for and let to the lowest responsible bidder after notice, in accordance with the requirements of Article 4 of the California Public Contracts Code.
A. 
Public works projects. As used in this section, “public works project” means:
1. 
A project for the erection, improvement, painting or repair of public buildings and works;
2. 
Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow;
3. 
Street or sewer work except maintenance or repair;
4. 
Furnishing supplies and materials for any such project, including maintenance or repair of streets or sewers.
B. 
Splitting work orders. It is unlawful to split or separate into smaller work orders or projects any public works project for the purpose of evading the provisions of this section.
C. 
Notice inviting bids. The notice inviting bids shall set a date for the opening of bids. Notices shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done.
D. 
Rejection of bids and readvertisement. At its discretion, the city council may reject any bids presented and readvertise. If two or more bids are the same, the city council may accept the one it chooses. If no bids are received, the city council may direct the purchasing officer to have the project completed with no further compliance with this section.
E. 
Performance of project after rejection of bids. After rejecting bids, the city council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the material or supplies furnished at a lower price in the open market. Upon the adoption of such a resolution, the city council may direct the purchasing officer to have the project completed in the manner stated with no further compliance with this section.
F. 
Presentation of bids. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidders’ security:
1. 
Cash;
2. 
Cashiers check made payable to the city;
3. 
A certified check made payable to the city;
4. 
A bidder’s bond executed by an admitted surety insurer, made payable to the city.
G. 
Amount of bidder’s security. Security shall be in an amount equal to at least ten percent of the amount of the bid. A bid shall not be considered unless one of the forms of bidder’s security is enclosed with it.
H. 
Forfeiture of security. If the successful bidder fails to execute the contract, the amount of the bidder’s security shall be forfeited to the city. The city council may award the contract to the next lowest responsible bidder, and 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. The surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety on the bidder’s bond if a bond is used.
I. 
Calamities or emergencies. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the city council may pass a resolution by four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon the adoption of such a resolution, the city council may direct the purchasing officer to expend any sum required in the emergency with no further compliance with this section.
(Ord. 42 § 1, 1990)
The award of contracts for professional services shall be exempt from the competitive procedure and award requirements of Sections 2.24.120 and 2.24.130 of this chapter.
A. 
Authorization to execute contracts. The city manager shall be authorized to solicit proposals and contract for professional services within his or her approval limit defined in Section 2.24.012. All contracts requiring city council approval as defined in Section 2.24.012 shall be approved by a majority vote of the city council.
B. 
Process for award of contracts. The city manager shall attempt to assure that all qualified and interested consultants have the opportunity to provide proposals for the provision of city services. The selection of consultants for specific projects shall be based on a variety of factors, including consultant’s experience, approach, availability, and knowledge of the subject area; fee for services shall be considered, but shall not be an overriding consideration.
1. 
In the formal competitive procedure, the respective department shall cause a request for proposal (RFP) or request for qualifications (RFQ) to be prepared, which shall be distributed to all qualified consultants through an e-procurement, in trade publications, at City Hall, or other acceptable forms of general circulation or publications to maximize distribution, and to those who request a copy of the RFP or RFQ. Proposals need not be sealed and opened in a formal bid opening process, and are subject to negotiation of both scope and fee. The city manager can waive the formal competitive procedure up to his or her authority limit as defined in Section 2.24.012. The city manager shall screen proposals and make a recommendation to the city council for contract award. The city council, if it finds that the public interest will not best be served by a formal proposal process, may waive the solicitation of requests for proposal and/or request for qualifications, and may award contracts for professional services based on a single proposal.
2. 
In the informal competitive procedure, contracts may be awarded without a formal request for proposal or request for qualifications process, based on the particular requirements of the service to be provided and the experience and availability of the individual consultant(s) and require solicitation of at least three quotes, unless waived by the city manager acting in the best interest of the city.
(Ord. 42 § 1, 1990; Ord. 414 § 9, 2022)
The purchasing officer shall cause to be inspected supplies, materials and equipment delivered, to determine their conformance with the specifications set forth in the purchase order or contract. The purchasing officer shall have the authority to require chemical and physical tests, or the report of the testing, of samples submitted with bid and samples of deliveries which are necessary to determine their quality and conformance with specifications.
(Ord. 42 § 1, 1990; Ord. 414 § 10, 2022)
All using agencies shall submit to the purchasing officer, at such times and in such form as he or she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out.
A. 
The purchasing officer shall have authority to sell as surplus all supplies, materials and equipment which can not be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment.
1. 
The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the city manager, and only after authorization from the city council as to any items of an estimated value of ten thousand dollars ($10,000.00) or more.
2. 
Surplus supplies and equipment may be sold to the public if so prescribed by the city manager and/or the city council. City officials and employees, and their immediate families, however, shall be ineligible to purchase such surplus items.
(Ord. 42 § 1, 1990)
If any person or agency purchases or contracts for any supplies, materials, equipment or services contrary to the provisions of this chapter, such purchase order or contract shall be void and of no effect. The head of the agency making such a purchase transaction shall be personally liable for the amount of such purchase order or contract, and, if already paid out of city funds, the amount thereof may be recovered in the name of the city in an appropriate action therefor. It is unlawful for any agency to split its requirements for supplies, material, equipment or services to willfully evade any requirement of this chapter.
(Ord. 42 § 1, 1990; Ord. 414 § 11, 2022)