Cathedral City Municipal Code Art. 1 General

This chapter defines the contract procurement policies, procedures and requirements for public works projects, general services, professional services, equipment, materials supplies and other tangible items ("goods"), and any other similar contracts involving the expenditure of public funds in exchange for items or services of value to the city. This chapter establishes the contracting authority of the city council, city manager, and the purchasing agent. The purpose of this chapter is: to foster and encourage the use of best management practices in contracting; to ensure quality and efficiency in the procurement of goods and services at the lowest cost commensurate with the quality needed; to provide for a fair and equitable procurement process utilizing standardized solicitation procedures; and to maintain honesty and integrity in the procurement process.

(Ord. 813 § 1, 2018)

A. Contracts for public works projects, general services, and professional services, and contracts or purchase orders for goods, shall be solicited and awarded pursuant to the procedures contained in this chapter.

B. The solicitation or award policies, procedures and requirements contained in this chapter shall not apply to the following:

1. Subdivision agreements, improvement agreements, development agreements and other land use contracts entered between the city and property owners or developers pursuant to other parts of this municipal code;

2. Franchises and franchise agreements;

3. Contracts between the city and other public entities and public utilities for the city's provision of services to the other entities and utilities;

4. Transactions involving the acquisition, assignment and disposal of interests in real property; and

5. Agreements to provide funds pursuant to the human services resource allocation process or community development block grant program.

(Ord. 813 § 1, 2018)

The city council may from time to time adopt by resolution policies related to contract solicitation and award procedures and requirements. The policies may include, without limitation, policies addressing local boycotts, protest procedures, and price preferences for use of recycled or sustainable goods and for local businesses. The policies shall not conflict with, but may be in addition to, any provisions of this chapter. The city council policies shall be considered and implemented in the solicitation and award of contracts made under this chapter.

(Ord. 813 § 1, 2018)

Centralized purchasing shall provide for efficient procedures for the purchase of goods and services; to acquire goods and services at the lowest possible cost commensurate with quality needed; to exercise positive financial control over purchases as provided by the City Charter; and to ensure the quality of such purchases. Centralized purchasing shall operate as a component of the finance department.

(Ord. 813 § 1, 2018)

The position of purchasing agent, who may also be known as the "purchasing officer," shall be designated by the finance director. The duties of the purchasing agent may be combined with those of any other office or position. The purchasing agent shall have the following duties and authority:

A. Purchase or contract for goods and services required by any using department in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing function and such other rules and regulations as prescribed by the city council or the city manager;

B. Negotiate and recommend execution of contracts for the purchase of goods and services;

C. Act to procure for the city the needed quality in goods and services at the 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 council rules governing the purchase of goods and services for the city;

F. Prepare and recommend revisions and amendments to the purchasing rules;

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

H. Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations;

I. Supervise the receipt and inspection of goods purchased to ensure conformance with specifications;

J. Supervise the transfer of surplus or unused goods between departments as needed and the sale of all goods that cannot be used by any department or have become unsuitable for city use;

K. Maintain an approved vendors list, vendors' catalogue file and records needed for the efficient operation of the purchasing function;

L. Encourage the standardization of similar goods used by the various city departments; and

M. Determine the regulations and procedures in this chapter are followed and implemented.

(Ord. 813 § 1, 2018)

The city manager may authorize, in writing, any department to purchase specified goods independently of the centralized purchasing division of the finance department; however, such purchases shall be made in conformity with the procedures established by this chapter.

(Ord. 813 § 1, 2018)

Purchases of goods and every contract for the performance of services and public works projects shall be made only by purchase orders, unless otherwise authorized by the city manager or any rules and regulations adopted by the city council pursuant to this chapter. Except as otherwise provided in this chapter, no contract shall be deemed to be an authorization to proceed with work unless accompanied by a properly authorized and executed purchase order nor shall any vendor or contracting party be authorized to perform any service, perform any public works project, or provide any goods without first receiving a properly authorized and executed purchase order issued by the purchasing agent or other authorized person upon verification of sufficient unencumbered appropriation balance. The finance director shall have the authority to set a minimum dollar threshold for which a purchase order is required; however, said threshold shall not exceed the minimum bid limit as provided in this chapter.

(Ord. 813 § 1, 2018)

Notwithstanding any other provisions herein, the purchasing agent may issue open (standing) purchase orders for goods or services as needed to support ongoing city operations and support various city departmental functions. The open (standing) purchase order must establish a maximum dollar amount of expenditure for the contract or budget line item.

(Ord. 813 § 1, 2018)

A. Public Works Contract. A public works contract includes a contract paid for in whole or in part from public funds for the construction, alteration, repair, improvement, reconstruction or demolition of any public building, facility, street, sidewalk, park or open space improvement, or other public improvement.

B. Contract for Goods. A contract for goods includes a contract or purchase order for the purchase of supplies, materials or equipment, including, without limitation, office supplies, janitorial supplies, furnishings, equipment, machinery, tools, vehicles, computer hardware and software and other personal property, materials or goods. A contract for goods may include labor incidental to the purchase of goods, including any set-up, installation and testing services.

C. General Services Contract. A general services contract includes a contract providing for work, labor or services not requiring specialized experience, knowledge or training with or without the furnishing of goods incidental to the provision of services, including, without limitation, contracts for:

1. Maintenance of public buildings, streets, parks and other public improvements;

2. Repair, modification and maintenance of equipment or other goods;

3. Licensing, installation and maintenance of or relating to information technology property, goods and services, including, without limitation, computer hardware and software, and including the provision of data storage services, unless the information technology services would require specialized certification, expertise, knowledge, or training;

4. Janitorial services, uniform cleaning, tree trimming, street sweeping, power washing and landscape maintenance; and

5. Leasing or licensing of goods and other personal property for use by the city.

D. Professional Services Contract. A professional services contract includes a contract for services involving the exercise of professional discretion and independent judgment based on specialized certification, knowledge, expertise or training. These services may include, without limitation, those provided by accountants, actuaries, auditors, appraisers, architects, attorneys, engineers, financial advisors, information technology experts, instructors, and environmental and land use planners.

E. Emergency Contract. A contract for goods and services necessary to protect the public health, safety, and welfare in the event of an emergency. An emergency means and includes an urgent unforeseen event threatening life, property, or the general public health, safety and welfare, included, without limitation, an emergency declared by the Federal Emergency Management Agency. The city manager is authorized to determine an emergency exists without further declaration by city council.

(Ord. 813 § 1, 2018)