Lancaster Municipal Code Art. I In General

The purposes of this chapter are to define a uniform system for the procurement of materials and services, to provide for the fair and equitable treatment of all persons involved in the procurement process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and integrity of the purchasing system.

(Ord. No. 976, § 1, 2-28-2012)

All contracts shall conform to the procedural requirements set forth in this section unless otherwise specified in this chapter or Code, or in another provision of state or federal law.

A. All contracts must be in writing and be signed in the name of the city.

B. All contracts must include appropriate insurance and indemnification provisions.

C. All contracts must be approved as to form by the city attorney or other legal counsel representing the city.

D. City council approval is required for all contracts unless otherwise specified in this chapter or Code, or in another provision of state or federal law.

E. A signed original of each contract entered into must be filed with the city clerk's office, except for a contract for the procurement of materials or services, which must be filed in the office of the purchasing officer.

(Ord. No. 976, § 1, 2-28-2012)

For the purposes of this chapter, the following definitions shall apply:

"Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.

"Bid," "bid document" and "proposal" mean the documents, including the attachments and addenda, which set forth instruction to bidders or proposers and which are disseminated for the purpose of soliciting bids or proposals.

"City" means the municipal corporation and charter city now existing and known as the City of Lancaster.

"Construction projects" and "public projects" mean those public projects as defined in California Public Contract Code Section 22002.

"Contract" is synonymous to "agreement" and, regardless of which terms is used, it means an agreement between the city and one or more parties for the procurement or disposition of materials, services, professional services, and/or construction projects.

"Contractor" includes vendor and means any person who has entered into a contract with the city.

"Designee" means any person to whom the purchasing officer delegates authority under this chapter.

"Emergency" means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

"Formal bidding procedure" means the procedure described in Section 3.32.210.

"Informal bidding procedure" means the procedure described in Section 3.32.310.

"Invitation for bids" means a public notice inviting bids for one or more specific public projects.

"Materials" means all property, including but not limited to, equipment and supplies, but does not include land, a permanent interest in land or leases of real property.

"Procurement" and "procure" mean the acquisition of materials or services, professional services, or construction projects by the city, including but not limited to purchasing, renting or leasing, and all functions and procedures pertaining to such acquisitions, such as description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

"Procurement procedures manual" means a policies and procedures manual explaining in more details how the principles detailed in the chapter are to be implemented.

"Professional services" means the procurement of services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience. Such professional services include, but are not limited to, services provided by appraisers, architects, engineers, instructors, insurance advisors, physicians, or other specialized consultants. Professional services include, but are not limited to, those professionals as defined in California Government Code Section 4526. Professional services, for the purposes of this chapter, does not include attorney/legal services.

"Public notice" means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods may include publication in a newspaper or trade journal in general circulation in the city, electronic mailing lists and/or posting on a website maintained for the purpose of providing public notices.

"Purchasing officer" means the city manager or designee.

"Services" mean the furnishing of labor, time or effort by a contractor.

"Solicitation" means an invitation for bids, a request for technical offers, a request for proposals, a request for qualifications, a request for quotations, or any other invitation or request by which the city invites a person to participate in a procurement.

(Ord. No. 976, § 1, 2-28-2012)

The provisions of this chapter and general principles of law and equity, including the Uniform Commercial Code of this state and the Common Law of Contracts (as applied in this state) shall govern procurement and contracting for public projects in the City of Lancaster; provided, in the event of a conflict between such general legal and equitable principles and this chapter, this chapter shall control for purposes of transactions governed by this chapter.

(Ord. No. 976, § 1, 2-28-2012)

This chapter requires all parties involved in the negotiation, performance, or administration of city contracts to act in good faith.

(Ord. No. 976, § 1, 2-28-2012)

If for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the purchasing officer and the city attorney. This section does not require a law enforcement agency conducting an investigation into such practices to convey such notice to the purchasing officer.

(Ord. No. 976, § 1, 2-28-2012)

The city manager is hereby designated as the purchasing officer of the city. The purchasing officer may delegate procurement authority to any designee.

(Ord. No. 976, § 1, 2-28-2012)

The purchasing officer or designee shall supervise the purchasing division and shall have authority to do the following:

A. Designate a designee for the administration and enforcement of this chapter.

B. Procure or contract for materials and services required by a department of the city in accordance with the procurement procedures prescribed by this chapter.

C. Enter into any contract permitted by law, including, but not limited to, equipment service contracts, lease purchase agreements, agreements for services and professional services, and rental agreements subject to any restrictions set forth in this chapter or specifically provided by law.

D. Maintain, when feasible, full and open competition among bidders on all procurements.

E. Prepare, recommend and implement rules to be adopted by resolution of the city council governing the purchasing of materials and services for the city, which rules shall be consistent with this chapter. Recommend revisions and amendments to such rules where applicable.

F. Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and any rules adopted by the city council to implement this chapter.

G. Act as the city's agent in the transfer and disposal of surplus materials.

H. Make procurement award recommendations to the appropriate authority.

(Ord. No. 976, § 1, 2-28-2012)

A. Subject to compliance with Section 3.32.200, procurements up to one hundred twenty-five thousand dollars ($125,000.00) shall be made as follows: The purchasing officer may approve, without city council approval, procurement contracts of one hundred twenty-five thousand dollars ($125,000.00) or less.

B. Subject to compliance with Section 3.32.210, procurements in excess of one hundred twenty-five thousand dollars ($125,000.00) shall be made as follows: The city council must approve procurement contracts in excess of one hundred twenty-five thousand dollars ($125,000.00), unless otherwise excepted in this chapter.

(Ord. No. 976, § 1, 2-28-2012)

Except as stated in this chapter, or if procurements are made pursuant to previously adopted alternative procedures (such as procurement card purchases), no procurement of materials or services of two thousand dollars ($2,000.00) or more shall be made without a purchase order.

(Ord. No. 976, § 1, 2-28-2012)

Except for cases of emergency, the purchasing officer shall not issue any purchase order nor shall any contract be approved for materials or services unless there exists an unencumbered appropriation in the fund account against which said procurement or contract is to be charged.

(Ord. No. 976, § 1, 2-28-2012)

Unless otherwise provided by law, a contract for materials or services may be entered into for any period of time deemed to be in the best interest of this city, if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and monies are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies.

A. Prior to use of a multi-year contract, it shall be determined that:

(1) Estimated requirements cover the period of the contract and are reasonably firm and continuing;

(2) The contract will serve the best interests of the city by encouraging effective competition or otherwise promoting economies in city procurement.

B. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the materials or services delivered under the contract.

(Ord. No. 976, § 1, 2-28-2012)

The purchasing officer shall have the authority to resolve protests. Appeals from the decisions of the purchasing officer may be made pursuant to the uniform appeals procedure set forth in Chapter 2.44 of this Code.

(Ord. No. 976, § 1, 2-28-2012)

A. The purchasing officer is responsible for the city's compliance with applicable laws.

B. Employees are required to make all procurements of goods and services in accordance with this chapter and with the rules prescribed by the city council from time to time pursuant to Section 3.32.080.

C. Procurements of goods or services, including construction services, by any means other than approved procurement procedures are a violation of city policy and are unlawful.

D. The purchasing officer shall review procurement practices and activities for adherence to this chapter. Any violations shall be addressed pursuant to the city's procurement procedures manual or state law, if applicable.

E. The purchasing officer is under no obligation to authorize payment for expenditures not made in compliance with the applicable policies, and financial responsibility may become the personal liability of the employee who effected the improper procurement or transaction.

F. Deliberate violations in order to circumvent the requirements of this chapter shall be subject to Section 1.12.010 of the city's Municipal Code.

(Ord. No. 976, § 1, 2-28-2012)