Goleta Municipal Code Art. I Administration

The purpose of this chapter is to establish an efficient procedure for the purchase of supplies, services, and equipment, and to establish a procedure for performing or contracting for the construction of public works consistent with state law, which procedures shall not be overly time consuming and cumbersome, while allowing the City to obtain the best professional services, and acquire quality supplies, general services, equipment in an overall economic manner, and also to construct public works at the lowest reasonable cost.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

"Agreement"

shall mean a contract.

"Bidder's list"

shall mean a list of responsible prospective vendors capable of providing the items being bid upon.

"Blanket purchase order"

shall mean a purchase order that is issued to one vendor for multiple purchases up to a pre-established dollar limit within the same fiscal year.

"Contract"

shall mean an agreement between the City and another party for the acquisition of goods, supplies or services. Contract may include a purchase order, public works contract, professional services agreement or general services agreement.

"Equipment"

shall mean goods, supplies, furnishings, machinery, vehicles, rolling stock, and other personal property used in the City's business.

"General services"

are services such as janitorial, uniform cleaning, maintenance and other services which do not require any unique skill, special background, training, and obtaining such services at the lowest cost is the single most important factor in selection, as opposed to personal performance.

"Maintenance work"

shall mean:

Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.

Minor repainting.

Resurfacing of streets and highways at less than one inch.

Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

"Professional" or "special services"

shall mean any work performed by an attorney, doctor, architect, engineer, land surveyor, construction manager, appraiser, expert, accounting firm, consultant or those services which require special performance criteria, specific experience, training, personal judgment, quality of work or factors other than simply obtaining the service at the lowest cost to the City. Professional and special services are not subject to the informal, formal or competitive bidding requirements of this chapter and may be procured through negotiated contract or requests for proposal process, except that all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services pursuant to a fair, competitive selection process which prohibits governmental agency employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities.

"Public project"

shall have the same meaning as defined in Section 22002 of the Public Contract Code, and may include:

Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility.

Painting or repainting of any publicly owned, leased or operated facility.

In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants and electrical transmission lines of 230,000 volts and higher.

A "public project" does not include maintenance work as defined in this chapter.

"Purchase order"

shall mean a document issued by the City to a vendor, indicating types, quantities, and agreed prices for products or services the vendor will provide to the City.

"Purchase"

shall include the renting, leasing, purchasing, licensing, or a trade of equipment or supplies.

"Purchasing Officer,"

for the purposes of this chapter, shall be the City Manager or his or her designated representative.

"Special equipment/supplies"

shall mean unique equipment, supplies, machinery, or computers which are not generally and regularly ordered in bulk by the City and which must perform complex tasks or integrate efficiently with existing equipment or supplies.

"Supplies"

shall mean office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City's business, excepting supplies or materials for a public work which is regulated under the California Public Contract Code Section 20160, et seq.

"Uniform Construction Cost Accounting Procedures"

shall mean those procedures and rules established by the State Uniform Construction Cost Accounting Commission pursuant to Section 22010, et seq., of the California Public Contract Code.

"Vendor"

shall mean a party contracting with the City of Goleta.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

The duties of the Purchasing Officer may be combined with those duties of any other officer or position in the City. The Purchasing Officer shall be the City Manager, or such other City employee designated by the City Manager to be the Purchasing Officer. The Purchasing Officer shall have the authority to:

A. Ensure that the purchasing or contracting for needed City supplies, general services, equipment, and special equipment/supplies, which are not included within a construction contract or proposed specifications for a construction contract of a public work, is conducted in conformance with the terms and procedures prescribed in this chapter;

B. Keep informed of current developments concerning purchasing, prices, market conditions, and new products;

C. Prescribe and maintain such forms as necessary for the proper operation of this purchasing system;

D. Ensure the inspection of all supplies, general services, and equipment purchased under this chapter;

E. Supervise the transfer of surplus and unused supplies and equipment or disposal of such;

F. Ensure that purchasing specifications are open and nonrestrictive to encourage full competition; and

G. Perform such other tasks as may be necessary for the proper conduct of purchasing of supplies, general services, and equipment.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

The Purchasing Officer shall prescribe rules and procedures for the use of these purchasing methods. All purchases must be made in accordance with the provisions of this chapter. Subject to the provisions of this chapter, except for petty cash purchases of goods, equipment or general services for an amount less than $150.00, purchases shall be made through one of the following methods: written contract, purchase order, or City credit card transaction.

The competitive bid process is not applicable to certain purchases. The following exceptions are exempt from bid processes of this chapter:

1. Department purchases, as defined in Section 3.05.080(A);

2. Travel expenses;

3. Reimbursement of expenses and petty cash;

4. Subscriptions and memberships;

5. Software licenses and hardware and software technical support and maintenance;

6. Trade circulars, books, e-books, periodicals, films, and recordings;

7. Insurance and medical premiums, payments, and claims;

8. Newspaper notices and advertisement services (print, television, radio, internet, etc.);

9. Dues to approved organizations, conferences, trainings, seminars and meetings;

10. General services or equipment/special equipment/supplies from and payments to other government agencies and utilities;

11. Courier/delivery services and postage;

12. Land, buildings, real property/real estate purchases, and rental or leasing of facilities;

13. Debt services including interest and principal payments;

14. Special conditions for a grant, donation, gift or other legal document that require the use of particular goods and/or general services;

15. Claims settlement by City or insurer.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

All written contracts for purchases in excess of $10,000.00 shall be on a form approved by the City Attorney.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

Except in cases of urgency as described in Section 3.05.120, neither the Purchasing Officer nor any employee shall issue any purchase order, authorize the execution of any contract, or enter any contract for purchasing supplies, services, equipment and special equipment/supplies, unless sufficient funds to pay for the purchase have been appropriated by the City Council and remain uncommitted for any other purchase.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

In addition to the contracts authorized in Goleta Municipal Code Chapter 2.10, the City Manager, and his or her designee, is authorized to enter into the following types of contracts:

A. Contracts involving the allocation of County, State or Federal funds pursuant to a program previously approved by the City Council where the form of contract is standard and used in substantially the same form by all applicants and has been approved by the City Attorney.

B. Contracts that involve the receipt of grant funds from another government entity and do not require the expenditure of City funds.

C. Contracts for services, supplies, equipment, and special equipment/supplies other than a public project for an amount up to $45,000.00 for which the procurement processes outlined in this chapter have been followed unless otherwise specified, funds have been budgeted in the current year budget and where the form of the contract has been approved by the City Attorney.

D. Contracts for a public project for an amount up to $75,000.00 for which the procurement processes outlined in this chapter have been followed unless otherwise specified, funds have been budgeted in the current year budget and where the form of the contract has been approved by the City Attorney.

E. Contracts or amendments to contracts which the City Council has expressly authorized the City Manager to execute.

F. Amendments to contracts previously approved by the City Council that do not involve the expenditure of City funds or modify the amount of the contract in strict compliance with a specific line item in the approved City budget. This may include, but is not limited to, term extensions, change in subcontractors/consultants, and change in scope of services.

G. Contracts required of a project application as a condition of approval of a permit, license, or other grant of approval not involving expenditure of City funds and for which the project applicant has deposited cash with the City in the maximum value of the contract. Examples of such contracts may be for:

1. The preparation of California Environmental Quality Act (CEQA) studies or reports; or

2. Economic analysis of a project; or

3. Peer review of a project economic analysis (pro forma); or

4. Peer review of an environmental study or report; or

5. Monitoring of compliance with environmental impact mitigation measures; or

6. Monitoring of compliance with conditions of approval.

(Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)