La Mesa Municipal Code Ch. 2.40 Purchasing

Pursuant to Section 54201 et seq., of the Government Code, a centralized purchasing system is hereby adopted to: establish efficient procedures for the purchase of supplies, materials, and equipment and obtain contractual and other services; secure for the city supplies, services and equipment at the lowest possible cost commensurate with quality needed; exercise positive financial control over purchases; clearly define authority for the purchasing function; and assure the quality of purchases.

(Ord. 2584 § 1 (part); June 25, 1991)

The following terms, whenever used in this chapter shall be construed as follows:

(a) "Agency" means any department, agency, commission, bureau or other unit of the city government which derives its support wholly or in part from the city.

(b) "Local vendor" means a vendor located within the city limits of the city of La Mesa whose city sales and property tax is returned to the city of La Mesa.

(c) "Lowest responsible bidder" means the bidder submitting the lowest and best bid, in all respects, according to the evaluation criteria and requirements set forth in the notice or invitation to bid. The following factors, or others, as applicable, may be considered by the purchasing officer in determining the "lowest responsible bidder":

(1) Compliance with specifications and warranties offered;

(2) Criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose;

(3) Criteria affecting the bid price to be considered in award evaluation shall be objectively measurable, such as discounts, transportation costs, renewal options, escalation clauses, and total or life cycle costs;

(4) The ability and capacity of the bidder to perform the contract or provide the service required;

(5) Whether the bidder has the facilities or equipment to perform the contract or provide the service promptly or within the time period specified;

(6) The reliability, integrity, reputation and experience of the bidder;

(7) The bidder's record of performance on previous contracts or services;

(8) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

(9) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

(10) The ability of the bidder to provide future parts, maintenance and/or service;

(11) The number and scope of conditions attached to the bidder's offer;

(12) No criteria may be used that are not set forth in the notice or invitation to bid.

(d) "Responsive bid" means an offer submitted which conforms in all material respects to the requirements set forth in the notice or invitation for bids.

(e) "Responsible bidder" means a bidder who has the capability in all respects to perform fully the contract or bid requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.

(f) "Purchases" means purchases include supplies, materials, equipment and personal property and any transaction by which the city acquires ownership, as well, as leases or rentals.

(g) "Services" — Services include professional and consulting services, facilities and equipment related services, and personnel or employee related services where over fifty percent of the total contract value represents direct labor costs.

(h) "Contracting officer" means a department head or other staff member designated by the city manager or purchasing officer to contract for professional services in accordance with Sections 2.40.170 and 2.40.180 of this chapter.

(Ord. 2584 § 1 (part); June 25, 1991)

There is hereby created the position of purchasing officer appointed by the city manager. The purchasing officer shall be the head of the purchasing division of the finance department and conduct a centralized purchasing system in the manner provided herein except for those purchases determined herein as not subject to this ordinance. The duties of the purchasing officer may be combined with those of any other office or position.

(Ord. 2584 § 1 (part); June 25, 1991)

The purchasing officer shall have authority to:

(a) Negotiate, purchase, contract for and obtain supplies, contractual services and equipment required by any using agency in accordance with the purchasing procedures prescribed by this ordinance, such administrative regulations or manuals as the purchasing officer shall adopt for the internal operation and management of the purchasing division and such other rules and regulations as shall be prescribed by the city council, city manager or state law.

(b) Procure for the city the needed quality in supplies, services and equipment at the least expense to the city.

(c) Encourage full and open competition on all purchases and sales.

(d) Prepare and recommend to the city council, through the city manager and director of finance, rules governing the purchase of supplies, services and equipment for the city and revisions and amendments thereto as necessary.

(e) Keep informed of current developments in the field of purchasing, pricing, market conditions and new products. Secure for the city the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade organizations having national recognition, and by private businesses and organizations.

(f) Prescribe and maintain forms as reasonably necessary for the operation of this chapter and other rules and regulations.

(g) Prepare and adopt standard purchasing terms and nomenclature for city departments and suppliers.

(h) Supervise or receive inspection reports of all supplies and equipment purchased to insure conformance with specifications.

(i) Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the public auction, competitive sale, exchange, trade in, donation or negotiated sale of all supplies and equipment which cannot be used by any agency or which have become obsolete or unsuitable for city use and the scrapping of unsaleable surplus items.

(j) Maintain vendors' information, catalogs and records needed for the efficient operation of the purchasing department.

(k) Utilize methods of buying "in bulk," such as annual supply or requirements contracts and cooperative purchases. Establish policies for supply or inventory management in size of purchases or types of contracts in order to take full advantage of pricing discounts and volume purchasing.

(l) Exercise propriety review over all purchases and make recommendations to the director of finance as appropriate.

(m) Prepare specifications for supplies, services, and equipment, in consultation with user departments.

(Ord. 2584 § 1 (part); June 25, 1991; Ord. 2000-2708 § 1; October 10, 2000)

The purchasing officer may authorize, in writing, any agency to purchase or contract for specified supplies, services and equipment independently of the purchasing division; provided that such purchases or contracts shall be made in strict compliance with the procedures established by this chapter, and on such forms and with such reports to be designated by the purchasing officer.

(Ord. 2584 § 1 (part); June 25, 1991)

All using agencies shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time, and for such future periods as the purchasing officer shall prescribe. Agencies shall not split their requirements into smaller estimates or requisitions for the purpose of evading the city's requirements for competitive bidding or proposals as outlined herein.

(Ord. 2584 § 1 (part); June 25, 1991)

Using agencies shall submit requests for supplies, services and equipment to the purchasing officer by standard requisition forms as prescribed by the purchasing officer.

(Ord. 2584 § 1 (part); June 25, 1991)

Purchases of supplies, services and equipment, public works construction and specialized professional services shall be accomplished by using one of the competitive procedures outlined herein: Section 2.40.140, Formal contract procedures; Section 2.40.150, Informal/open market procedures; Section 2.40.160, Public project procedures; Section 2.40.170, Competitive negotiations/proposals or Section 2.40.180, Specialized professional services.

(a) Exceptions. In any one of the following instances, the purchasing officer may dispense with or waive the requirements of competition as set forth in this chapter when:

(1) The estimated amount involved is five thousand dollars or less for equipment, supplies and services or ten thousand dollars or less for specialized professional services or for public works construction work of a value equal to or less than the amount specified in Public Contract Code Section 22032(a);

(2) The commodity according to a market review by the purchasing officer can be obtained from only one vendor;

(3) The commodity being purchased is required to match or be compatible with other furnishings, materials or equipment presently on hand, and the purchase is made from the manufacturer or supplier who supplied such other furnishings, materials or equipment;

(4) A particular type or make of commodity, furnishing, type of material, or equipment has been standardized by the city with the approval of the department head and purchasing officer;

(5) The repair or contract service needed is required to match, integrate or be compatible with an existing structure or program presently in use by the city and the purchase or contract is made from the firm who previously satisfactorily performed/provided similar repair or contract services for the city;

(6) Professional, specialized or consulting services may be provided by firms who have performed similar or equal satisfactory work previously for the city on the same scope of work, program or project area;

(7) The city council by resolution determines that, due to special circumstances, it is in the city's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure; or

(8) The city manager determines that an emergency requires an order be placed with the nearest available source of supply.

(b) When the exception expenditure exceeds five thousand dollars for equipment, supplies and services or ten thousand dollars for specialized professional services; the purchasing officer shall document and explain the circumstances of each exception to and waiver of the competitive procedures. In these cases, the purchasing officer is authorized to negotiate a favorable purchase or contract in the best interests of the city for expenditures up to fifty thousand dollars, provided that purchases and contracts over thirty thousand dollars for equipment, supplies and services or ten thousand dollars or more for specialized professional services, are approved by the city manager. Exceptions and waivers of competitive bidding for expenditures over fifty thousand dollars shall be approved by resolution of the city council.

(c) Cooperative purchases as defined in Section 2.40.190 are exempt from the competitive procedures required by this chapter and may be authorized by the purchasing officer for expenditures up to fifty thousand dollars and upon the recommendation of the purchasing officer to the city manager or his/her designee for purchases over fifty thousand dollars.

(Ord. 2584 § 1 (part); June 25, 1991; Ord. 2000-2708 § 2; October 10, 2000: Ord. 2011-2815, §§ 1, 2; May 24, 2011)

In all purchases for the city outlined in this chapter, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks or other unlawful considerations. City employees are specifically prohibited from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract pursuant to this chapter. In accordance with Section 1090 of the California Government Code: "City officers or employees shall not be financially interested in any contract made by them in their official capacity or by any body or board of which they are members. Nor shall they be purchasers at any sale or vendors at any purchase made by them in their official capacity."

(Ord. 2584 § 1 (part); June 25, 1991)

Local vendors shall be solicited for purchases whenever feasible. When determining the lowest responsible bidder, the amount of local city sales tax included in the bid submitted by a local vendor shall be credited by the city against said bid.

(Ord. 2584 § 1 (part); June 25, 1991)

Purchases of supplies, services and equipment shall be made only by purchase order except as noted in Section 2.40.250 subsections (a) through (m). No purchase order shall be issued without the prior approval of the purchasing officer or designated representative.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2011-2815, § 3; May 24, 2011)

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 departmental budget against which said purchase is to be charged. Said supply, service or equipment shall be provided for in the budget of the using department or shall be approved by the city manager. In the case of the purchase of capital equipment and assets or services, if not provided for in the budget, they shall be first approved by the city manager.

(Ord. 2584 § 1 (part); June 25, 1991)

No city officer or employee shall order the purchase of any supplies, equipment, materials or contractual services or make any contract within the purview of this chapter other than in accordance with the provisions of this chapter, the regulations and procedures established hereunder and the approval of the purchasing officer. No obligation for the payment of equipment, supplies or services shall be incurred by the city except as prescribed by this chapter. Any purchase or contract made contrary to this chapter shall be null and void and any claim or demand made against the city based thereon shall be invalid.

(Ord. 2584 § 1 (part); June 25, 1991)

The purchasing officer in cooperation with the using agency shall, wherever practical, provide for the standardization of supplies, equipment and material in accordance with their use.

(Ord. 2584 § 1 (part); June 25, 1991)

Except as otherwise provided herein and except where the city council, by resolution, determines that competitive bidding is impractical or impossible, all purchases and contracts for supplies, equipment and services (other than those services included under Sections 2.40.160, 2.40.170 and 2.40.180) of an estimated value greater than fifty thousand dollars, shall be by formal, written competitive bidding, with a formal contract awarded to the lowest responsible and responsive bidder submitting the best bid, pursuant to the procedure prescribed herein. All contracts shall be approved as to form by the city attorney and executed by the mayor.

(a) Notice Inviting Bids. Notice inviting bids shall include a general description of the articles to be purchased and bond requirements, if any, and shall state where bid blanks and specifications may be secured, and the time and place for opening bids. It shall incorporate by reference all other bid documents.

(1) Published Notice. Notice inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city or on the city's official website 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.

(2) Vendor List. The purchasing officer shall also solicit sealed bids from responsible prospective suppliers whose names are known or who have requested their names be considered therefor and any other source that will ensure the maximum participation by qualified vendors in the formal bid competition.

(b) Bidder's Security. When deemed necessary by the purchasing officer, bidders' security may be prescribed in the public notices inviting bids. Bidders shall be entitled to a return of bid security, provided that the successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder submitting the best bid. If the city council awards the contract to the next lowest bidder, 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.

(c) Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be opened in public by the purchasing officer at the time and place stated in the invitation to bid. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

(d) Compilation of Bids and Recommendations. Following the opening of bids the purchasing officer shall summarize all bids and submit the results to the city manager via the staff report format together with a recommendation of award, taking into consideration any recommendation of the department head involved, the amount and total price of the bid, compliance with specifications, acceptability in accordance with evaluation criteria set forth in the bid documents or proposals, and responsibility of the bidder. In determining the responsibility of the bidder, the purchasing officer will be guided by, but not limited to, a consideration of the following factors in addition to those detailed in the chapter definitions:

(1) The experience of the city in dealing with the low bidder.

(2) The experience of other governmental agencies known to the purchasing officer and their previous transactions with the low bidder.

(3) Knowledge of the quality and fitness of the product offered by the low bidder substantiated by reports of using departments within the city, other governmental agencies or customers.

The city manager by approving the staff report submits his recommendation with respect to an award to the city council.

(e) Award of Contracts. Contracts shall be awarded by resolution of the city council to the lowest responsible and responsive bidder submitting the best bid in all respects based upon the requirements and criteria set forth in the bid except as otherwise provided herein.

(f) Rejection of Bids. In its discretion, the city council by resolution may reject any and all bids presented and readvertise for bids or, in the alternative, may authorize the purchase of services pursuant to the informal/open market procedures set forth in Section 2.40.150 when any one of the following circumstances are found to exist:

(1) When no bids are received after following all formal bid procedures set forth above;

(2) When all bids substantially exceed the city estimate of cost for the purchase;

(3) Alternate bids have been submitted by one or more vendors making evaluation of the bids difficult;

(4) The purchasing officer determines that the supplies or services may be purchased at less cost via the informal/open market procedures; or

(5) The services or supplies are urgently required for the preservation of life, health or property or the public interest could be best served by using the informal/open market procedure.

(g) Tie Bids. If two or more bids received are for the same total amount or unit price, quality, service and responsibility being equal and if the public interest will not permit the delay and cost of readvertising for bids, the city council may accept the one it chooses.

(h) Performance Bonds. The purchasing officer has authority to require a performance bond as a condition of any contract in such amount as is reasonably necessary to protect the best interests of the city. If the purchasing officer requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2000-2708 § 3; October 10, 2000: Ord. 2011-2815, § 4; May 24, 2011)

(a) Amount. Purchases of supplies, services and equipment of an estimated value in the amount of fifty thousand dollars or less may be made by the purchasing officer in the informal/open market without observing the procedure set forth in Section 2.40.140, provided that the purchasing officer shall obtain the city manager's written approval for purchases or contracts in excess of thirty thousand dollars through fifty thousand dollars. All contracts shall be approved as to form by the city attorney and executed by the mayor.

(b) Minimum Number of Bids. Informal/open market purchases shall, wherever possible, be based on at least three bids and shall be awarded to the lowest responsible and responsive bidder submitting, in all respects, the best bid based upon total cost and the requirements and criteria defined in the invitation to bid.

(c) Notice Inviting Bids. The purchasing officer may solicit bids by written and/or electronic requests mailed or facsimiles telecopied or transmitted via computer to prospective vendors and/or verbally by telephone.

(d) Records. The purchasing officer shall keep a record of all informal/open market orders and the responses submitted in competition thereon for a period of one year after the submission of bids or the placing of orders. These records shall be open to public inspection.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2000-2708 § 4; October 10, 2000)

Contracts for construction projects in the city shall be governed by applicable state laws including the California Public Contract Code, and specifically the alternative provisions of the Uniform Public Construction Cost Accounting Act. Contracts for construction projects shall also be governed by the current edition of the standard specifications for public works construction and the latest supplement thereto, adopted by the Greenbook Committee of the Public Works Standards, Inc.

(a) Definition.

(1) "Public project" means any of the following:

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

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

c. In the case of a publically owned utility system, "public project" shall include only the construction, erection, improvement or repair of dams, reservoirs, powerplants, and electrical transmission lines of two hundred thirty thousand volts or higher.

(2) "Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following:

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

b. Minor repainting.

c. Resurfacing of streets and highways at less than one inch.

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

e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of two hundred thirty thousand volts and higher.

(3) For purposes of this section, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (e) of subdivision (2), real property, streets and highways, or other public work improvement.

(b) Bidding Limits.

(1) Construction projects equal to or less than the amount specified in Section 22032(a) of the California Public Contract Code may be performed by city employees by force account, by negotiated contract or by purchase order without competitive bidding.

(2) Construction projects equal to or less than the amount specified in Section 22032(b) of the California Public Contract Code may be let to contract by informal procedures set forth in Subsection 2.40.160(c).

(3) Construction projects of more than the amount specified in Section 22032(c) of the California Public Contract Code, except as otherwise provided in this code, shall be let by formal bidding procedures set forth in subsection 2.40.160 (e).

(4) It shall be unlawful to split or separate work or projects into smaller work orders or projects for the purpose of evading the provisions of this chapter for competitive bidding.

(c) Informal Bidding Procedures. The informal bidding procedures for construction projects shall include the following:

(1) The purchasing officer or his/her designee shall maintain a list of qualified contractors eligible to submit bids on informal contracts awarded by the city in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. The list shall be organized in accordance with the license classifications of the contractor's state license board.

(2) The purchasing officer or his/her designee shall send a notice inviting informal bids to all contractors on the list of qualified contractors or to the designated construction trade journals and/or to both not less than ten calendar days before bids are due.

(3) Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids; provided, however if there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(4) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, the time, date and place for the submission of bids.

(5) Bid documents may be transmitted and/or received over the internet, by facsimile and/or electronic mail.

(6) The awarding authority may in its sole discretion reject any or all bids presented and waive any minor irregularity or informality in such bids. The contract shall be awarded to the lowest responsive, responsible bidder. If no bids are received through the informal procedure, the project may be performed by city employees, by force account or negotiated contract without further complying with this section.

(7) If all bids received are in excess of the amount specified in Section 22032(b) of the California Public Contract Code, the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at the amount specified in Section 22034(f) of the California Public Contract Code or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

(8) The city council shall award all informal contracts.

(9) All contracts shall be approved as to form by the city attorney and executed by the Mayor.

(d) Emergencies.

(1) In cases of emergency (as defined by California Public Contract Code 1102), when repair or replacements are necessary, the city may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city, by contractor, or by a combination of the two.

(2) In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 Section 22050 of the California Public Contract Code.

(e) Formal Bidding Procedures. The formal bidding procedures (California Public Contract Code Subsection 22037) for construction projects shall include the following:

(1) The purchasing officer, or his/her designee, shall send the notice inviting formal bids electronically, if available, by either facsimile or electronic mail and mail to construction trade journals in accordance with Subsection 22036 of the California Public Contract Code at least fifteen calendar days before the opening of bids. The notice inviting formal bids shall be published at least fourteen calendar days before the bid opening date in a newspaper of general circulation in the city. In addition to the newspaper and trade journals, the notice inviting formal bids may be advertised in any manner which will permit the information to be widely disseminated.

(2) Bid documents may be transmitted and/or received over the internet, by facsimile and/or electronic mail.

(3) The awarding authority may waive any minor irregularity or informality in such bids or may, in its sole discretion, reject all bids presented. The public agency shall follow the procedures outlined in Section 22038 of the California Public Contract Code.

(4) The contract shall be awarded to the lowest responsive, responsible bidder.

(5) If no bids are received through the formal procedure, the project may be performed by city employees, by force account or negotiated contract without further complying with this section.

(6) The city council shall award all formal contracts.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2000-2708 § 5; October 10, 2000: Ord. 2011-2815, § 5; May 24, 2011)

(a) The purchasing officer may authorize the solicitation of those professional consulting services not listed in Section 2.40.180 and the purchase of highly technical supplies or equipment by competitive sealed negotiations and proposals when the use of Sections 2.40.140, Formal bidding and 2.40.150, Informal/open market bidding, are neither practical nor advantageous to the city or when one of the following circumstances exist:

(1) The professional services required are not defined by Section 2.40.180 or California Government Code Chapter 10, Sections 4525—4529.

(2) The supplies or equipment are such that suitable technical or performance specifications are not readily available.

(3) The city is not able to develop definitive descriptive specifications.

(4) Requesting proposals for the particular service or purchase would be more advantageous to the city.

(b) Contracting Officer. The city manager or purchasing officer may designate a contracting officer for purposes of this section.

(c) Request for Proposals. Proposals shall be prepared and solicited through a request for proposal process by the contracting officer or purchasing officer.

(d) Public Notice. Notice of the request for proposals shall be given in the same manner as provided in Section 2.40.140(a) for items or services over fifty thousand dollars and as provided in Section 2.40.150(b) and (c) for items or services of fifty thousand dollars or less. The minimum time for all proposals shall be ten days.

(e) Receipt of Proposals. No proposals shall be handled so as to permit disclosure of the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item or scope of services offered. The register of proposals shall be open for public inspection only after contract award.

(f) Evaluation Factors. The proposal shall state the relative importance of price and other evaluation factors.

(g) Discussion with Responsible Offerors and Revisions to Proposals. As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and conformance to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

(h) Award. Award shall be made to the responsible offeror or whose proposal is determined in writing to be most advantageous to the city, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. A written award recommendation to include the register of proposals is prepared by the contracting officer and submitted to the appropriate authority for action. All contracts shall be approved as to form by the city attorney and executed by the mayor.

(i) Award Authorization. Proposals for expenditures in amounts above fifty thousand dollars shall be awarded by resolution of the city council upon the recommendation of the city manager by staff report. Proposals in amounts of fifty thousand dollars or less shall be awarded by the purchasing officer, provided that the purchasing officer shall obtain the city manager's written approval for purchases or contracts in excess of thirty thousand dollars through fifty thousand dollars.

The use of competitive negotiations and proposals is not intended to be used for the purpose of avoiding the bidding procedures as set forth in this chapter.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2000-2708 § 6; October 10, 2000)

The city's selection of specialized professional services including private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be in accordance with California Government Code Chapter 10, Sections 4525 through 4529.5. This section shall assure that these services are engaged on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and at fair and reasonable prices to the city.

(a) Not Applicable. The provisions of this section shall not apply when it is determined that the services needed are of a limited technical nature and/or involve little professional judgment and that selecting the best firm by competitive negotiation/proposals, formal contract, informal/open market, or public project procedures would be in the public's best interest.

(b) Contracting Officer. The city manager shall designate the contracting officer for purposes of this section.

(c) Annual Statements of Qualifications. The public purchasing officer shall develop and maintain a procedure whereby architectural, landscape architectural engineering, environmental, land surveying and construction project management firms may submit annual statements of qualifications and performance data. This information shall be made available to the contracting officer upon request.

(d) Selection Procedures. For each proposed specialized professional services contract:

(1) The contracting officer shall establish the professional competence and qualifications necessary to be possessed by a firm in order to be awarded the proposed professional services contract. Professional competence and qualification may be determined in accordance with, but not limited to, the following factors:

a. The firm's experience and expertise in the field;

b. The quality of the firm's work;

c. The firm's ability to meet project deadlines; and

d. The firm's past performance on similar projects.

(2) The contracting officer may publish a notice that the city is proposing to award a contract to obtain specified professional services and/or, in the alternative, may directly solicit proposals from appropriate qualified firms. Requests for proposals may require the following information (when applicable):

a. The scope of work;

b. Plans and specifications;

c. Time schedule for the project;

d. An estimate or range for total cost;

e. Proof of insurance and/or other surety;

f. Proof of city business license or ability to obtain such license;

g. List of employees who will be assigned to the project and their qualifications including their experience on similar projects; and

h. Other special conditions related to the contract.

(3) Receipt of Proposals. No proposals shall be handled so as to permit disclosure of the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item or scope of services offered. The register of proposals shall be open for public inspection only after contract award.

(4) The contracting officer may discuss with one or more of the firms the alternative methods for providing the required services and may conduct further negotiations with one or more of the most qualified firms to fully clarify each firm's offer to provide services and to assure that the services proposed will be performed at fair and reasonable prices to the city. Offerors shall be accorded fair and equal treatment with respect to any discussion and revision of proposals. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

(5) The contracting officer shall negotiate a satisfactory contract with the best qualified firm or firms for said specialized services under such terms and at such compensation which the contracting officer determines is fair and reasonable to the city in accordance with all procedures of California Government Code Section 4525-4529.5.

(e) Award of Contract. The contracting officer shall submit the proposal(s) of the most qualified firm or firms together with a written recommendation, to include the register of the companies submitting proposals to the appropriate authority for award. All contracts shall be approved as to form by the city attorney and executed by the mayor.

(f) Award Authorization. Proposals for contracts or agreements in amounts above fifty thousand dollars shall be awarded by resolution of the city council upon the recommendation of the city manager by staff report. Proposals for contracts or agreements of fifty thousand dollars or less may be made by the contracting officer, provided that the contracting officer shall obtain the city manager's written approval for purchases or contracts in excess of ten thousand dollars through fifty thousand dollars.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2000-2708 § 7; October 10, 2000)

The purchasing officer shall have the authority to join with other public jurisdictions in cooperative purchasing plans, programs or pricing agreements including but not limited to the US Communities Purchasing Program (USCPP), the California Multiple Award Schedule (CMAS), the California Department of General Services (CADGS), National Association of Counties (NACo), Department of General Services (GSA) or similar plans or arrangements as determined by the purchasing officer to be in the city's best interest. The purchasing officer may also buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with the city's formal contract, informal/open market and/or public project bid procedures even if the city of La Mesa had not joined with that public agency in a cooperative purchase. The purchasing officer may also purchase from the United States of America or any state, municipality or other public corporation or agency.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2000-2708 § 8; October 10, 2000: Ord. 2011-2815, § 6; May 24, 2011)

(a) Definition. An emergency is an unanticipated breakdown in machinery or equipment which delays department work or when unforeseen circumstances arise that may result in a serious interruption of an essential service or any threat to public health, welfare or safety. This section shall not apply to Section 2.40.160, Public projects procedure.

(b) During Working Hours. If an emergency occurs during regular business hours, the head or other authorized employee of the using agency shall immediately notify the purchasing officer, who is authorized to secure, on the informal/open market, at the lowest obtainable price, the required commodity or services, regardless of the amount of the expenditure, or the purchasing officer may authorize the using agency to do so. However, any expenditure in excess of thirty thousand dollars for equipment, supplies and services or ten thousand dollars or more for specialized professional services must be authorized by the city manager, and any expenditure in excess of fifty thousand dollars must be ratified by resolution of the city council within thirty days.

(c) By Using Departments. The purchasing officer may delegate authority for emergency purchases to the using departments under certain conditions or dollar amounts. The purchasing officer shall, by rules and regulations, prescribe the procedures under which such purchases shall be made. With the prior consent of the purchasing officer, any using department may purchase directly any supplies, materials or equipment when the estimated cost thereof does not exceed five thousand dollars for equipment, supplies and services or ten thousand dollars or specialized professional services; where immediate procurement is essential to prevent delays in the work of the using department which may effect the life, health, or convenience of the citizens.

(d) Outside Working Hours. If an emergency occurs at times other than regular business hours, the using agency may purchase directly the services or commodities required. The purchasing officer shall, by rules and regulations, prescribe the procedures under which such purchases shall be made. If the estimated cost of the emergency purchase exceeds five thousand dollars, the head of such agency shall, wherever possible, secure competitive bids in accordance with the informal/open market procedures, and order delivery to be made by the lowest responsible bidder. The purchasing officer shall develop purchase order procedures or standby vendor arrangements for this purpose. On every emergency purchase made, the agency head shall notify the purchasing officer and provide a written explanation of the circumstances of the emergency. The records of such emergency transactions shall be open to the public.

(e) Disaster. Nothing herein contained shall limit the authority of the director of emergency services to make emergency purchases and take such other emergency steps as are or may be authorized by the city council.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2000-2708 § 9; October 10, 2000: Ord. 2011-2815, § 7; May 24, 2011)

When the city requires supplies, materials or equipment which are patented or proprietary and which are obtainable in two or more equally satisfactory and competitive makes, brands, or types, the purchasing officer may list such acceptable and competitive makes, brands, or types in the invitations to bid. Such lists shall also include the purchase of "or equal" products to permit bidders to bid on alternate or additional makes, brands or types. It shall be incumbent on each bidder to prove to the satisfaction of the city that the alternate or additional make, brand or type being offered is equal in quality or performance to those listed in the invitation to bid.

(Ord. 2584 § 1 (part); June 25, 1991)

All agencies receiving materials, services, supplies or other purchased items shall be responsible for adequate inspection and reporting of deliveries of supplies, materials and equipment or for the furnishing of contractual and personal services to insure their conformance with the specifications set forth in the purchase order or contract. Agencies shall submit such receiving, inspection and delivery, service and billing reports to the purchasing officer promptly after receipt of the goods and services.

The purchasing officer shall have the authority to require chemical and physical tests of samples of deliveries to the extent necessary to determine their quality and conformance with the specifications. For such tests, the purchasing officer shall have authority to make use of laboratory facilities of any agency or to engage the services of any outside laboratory.

(Ord. 2584 § 1 (part); June 25, 1991)

Upon approval of the city manager, the purchasing officer may purchase, without advertising, surplus goods from the federal, state, or local governments or any of their agencies.

(Ord. 2584 § 1 (part); June 25, 1991)

This chapter shall not diminish the power of the city manager to purchase supplies as provided in Section 2.16.210 of this code provided, however, that the manager shall comply with the bidding and contracting procedures set forth in this chapter and any rules or regulations adopted therefor.

(Ord. 2584 § 1 (part); June 25, 1991)

Supplies, services, public projects and equipment not subject to the provisions of this chapter are as follows:

(a) Utility services and related charges;

(b) Real property purchases and related title and escrow fees;

(c) Property, liability and bond insurance premiums, claim settlements and investigative or legal services;

(d) Real property leases;

(e) Books, periodicals, election supplies, printing of bonds, special assessment supplies, memberships and dues, classes, conventions, training, travel arrangements including hotels, car rental, air fare;

(f) Refunds, reimbursements and petty cash;

(g) Credit card purchases of gasoline, oil or emergency automotive needs;

(h) Transportation and freight charges when not specifically indicated on a purchase order;

(i) Advertising;

(j) Works of art, entertainment or performers;

(k) Work or services performed by another public or quasi-public entity;

(l) Contributions to other agencies provided for in budget or approved by council; and

(m) Legal services and attorney fees.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2011-2815, § 8; May 24, 2011)

All using agencies shall submit to the purchasing officer, at such times and in such form as prescribed, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out.

(a) The purchasing officer shall have authority to sell supplies and equipment which cannot 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 and equipment. Such disposal sales shall be made at the highest and best price obtainable.

(b) The purchasing officer, with prior approval from the city manager, shall have authority to negotiate a sale or make an outright donation of surplus city equipment to approved public or nonprofit agencies and civic or social organizations when the fair market value of the item is ten thousand dollars or less, and a determination has been made that such action would best serve the public interest. When the fair market value of the surplus city equipment exceeds ten thousand dollars, the city council shall authorize the purchasing officer to negotiate a sale or make an outright donation to approved public or nonprofit agencies and civic or social organizations, after determining that such action would best serve the public interest.

(c) In the case of scrap or surplus items having no estimated or appraised value and which have not been claimed by any other agency and civic or social organization, the purchasing officer may dispose of such items in any manner deemed appropriate, keeping full records of such disposition.

(Ord. 2584 § 1 (part); June 25, 1991: Ord. 2000-2708 § 10; October 10, 2000)

All moneys received by the city in consummating any sales herein provided for shall be paid into the city treasury and shall be submitted in the form of cash, certified check, or money order payable to the city of La Mesa.

(Ord. 2584 § 1 (part); June 25, 1991)