Chapter 3.16 — PURCHASING SYSTEM

In order to establish efficient procedures for the purchase of supplies, materials and equipment, and services, to secure for the City supplies, materials and equipment, and services, at 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 purchasing policy is adopted.

This chapter shall be known as and may be cited as the "purchasing system." (Ord. 21-1722 § 2)

There is created a centralized Purchasing Division which is vested with authority for the purchase of supplies, materials and equipment, and services. (Ord. 21-1722 § 2)

No City officer or employee shall order the purchase of any supplies, materials and equipment, or services, or make any contract within the purview of this chapter other than in accordance with the provisions of this chapter, and the regulations and procedures established hereunder. (Ord. 21-1722 § 2)

As used in this chapter, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended:

"Bidders list" means a current file of sources of supply of articles for each category of commodities repetitively purchased for City use.

"City" means the City of Norwalk.

"City Council" means the City Council of the City of Norwalk.

"Department" means any of the departments, offices, or other organizational units of the City, and any special district whose affairs and funds are under the supervision and control of the City Council and for which the City Council is the ex-officio governing body.

"Local bidder" means a firm or individual who regularly maintains a place of business and transacts business in, maintains an inventory of merchandise for sale in, is licensed by, or pays business taxes to the City.

"Nonprofessional services" means any and all services, but not constituting professional services or public projects, but including maintenance work.

"Nonresponsible bidder" means a bidder or prospective bidder who fails to furnish, upon written request, proof of its responsibility; who has, as a vendor or contractor with the City, made slow or unsatisfactory deliveries or otherwise performed unsatisfactorily; or who has violated or attempted to violate, any provisions of this chapter.

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City of Norwalk, CA

REVENUE AND FINANCE

§ 3.16.040

§ 3.16.050

"Professional services" means services, other than services constituting Public Projects, performed by specially trained persons or firms in a professional occupation, including, but not limited to, services in connection with financial, economic, accounting, auditing, architectural, engineering, planning, legal, administrative or other matters involving advanced or specialized knowledge, expertise or training gained by formal studies.

"Public project" means the same as this term is defined in Public Contract Code Section 22002, and as may be amended from time to time.

"Purchasing Authority" means the Purchasing Authority or any individual designated in a written policy adopted by the City Council to carry any duty set forth in this chapter and filed with the City Clerk and Department of Finance.

"Purchasing Authority authorization limit" means $32,960, or the amount determined in accordance with Section 3.16.060, whichever is greater.

"Responsive bid" means an offer, submitted in ink or typewritten form, to furnish supplies, materials or equipment, or services, and complying with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids.

"Responsive and responsible bidder" means a bidder who submits a responsive bid; who has furnished, upon written request, information and data to prove that its financial resources, production facilities, service reputation and experience are adequate to make satisfactory delivery of the supplies, materials or equipment on which it bids; and who has not violated, or attempted to violate, any provisions of this chapter.

"Services" means any and all services, including utility services, which shall be furnished to or used by any department and the rental or lease of equipment and machinery furnished to or used by any department.

"Supplies, materials and equipment" means any and all articles or items which shall be furnished to or used by any department. Supplies, materials and equipment shall not include services.

"UPCCAA" means the California Uniform Public Construction Cost Accounting Act, as set forth in Public Contract Code Section 22000 et seq. (Ord. 21-1722 § 2)

The provisions of this chapter, including its sections, shall apply to the purchase of all supplies, materials and equipment, and nonprofessional services by the City. The provisions hereof shall not apply to the following:

• A. Public project contract governed by the Public Contract Code of the State of California;

• B. Contract providing for the provisions of professional services. (Ord. 21-1722 § 2)

The City Manager shall be the Purchasing Authority. The Purchasing Authority may delegate all or a portion of the contracting or purchasing duties to any City staff member. The Purchasing Authority's functions shall include the following powers and duties:

• A. Negotiate, purchase, and contract for supplies, materials and equipment, and services

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City of Norwalk, CA

NORWALK CODE

§ 3.16.050

§ 3.16.060

required by City Departments, within the authorization limits of Section 3.16.060, pursuant to the procedures provided in this chapter;

• B. Endeavor to obtain as full and open competition as possible on all purchases;

• C. Supervise the inspection of all supplies, services, and equipment purchased to ensure conformance with specifications;

• D. Develop, prescribe and maintain, such administrative policies, forms and files as may be reasonably necessary for the efficient purchases on behalf of the City;

• E. Prepare procedural regulations governing the purchase of supplies, materials and equipment, and services, in accordance with the requirements prescribed in this chapter;

• F. Facilitate the transfer of surplus or unused supplies and equipment among departments as needed;

• G. Recommend the sale or disposal of all supplies and equipment which cannot be used by the City, or which have become unsuitable for City use; and

• H. Maintain a bidders' list, vendors catalog file and records needed for the efficient operation of the Purchasing Department.

• (Ord. 21-1722 § 2)

• A. All contracts and purchase orders shall be approved only by the City Council except contracts with a total value over the lifetime of the contract of up to the Purchasing Authority authorization limit.

• B. The Purchasing Authority may approve and authorize all contracts and purchase orders involving an expenditure of City funds up to the Purchasing Authority authorization limit in any one transaction or term agreement, without first advertising therefor or obtaining specific authorization by the City Council, for the purchases of supplies, materials and equipment, and services, for which there are appropriated funds in the City Councilapproved budget and consistent with the procedures set forth in this chapter.

• C. The Purchasing Authority may authorize the director of any Department to purchase or contract for specified supplies, materials and equipment, and nonprofessional services involving an expenditure of City funds of $7,500 or less in any one transaction or term agreement, for which there are appropriated funds in the City Council-approved budget. The City Manager or an employee designated by City Council by resolution shall execute the purchases or contracts as described in this subsection in accordance with Section 3.42.010.

• D. The authority limits set forth in subsections A and B shall be automatically adjusted on July 1, 2021 and each July 1st annually thereafter based upon the percentage change in the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside area as published by the U.S. Department of Labor from March of the prior year to March of the current year. This adjustment, however, will occur only if the CPI causes the authority limit to increase. If the CPI causes a decrease in the authority limit, no adjustment shall be made.

• E. Any increase to the authority limits set forth in subsections A and B beyond the CPI shall

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City of Norwalk, CA

REVENUE AND FINANCE

§ 3.16.060

§ 3.16.070

be adopted by resolution. If so adopted, the automatic annual adjustments shall be based on the new authority limit established by resolution.

• F. The City Manager shall provide written notification on a semiannual basis to the City Council of all contracts approved pursuant to this section.

• (Ord. 21-1722 § 2)

Purchases of supplies, materials and equipment, and nonprofessional services, and the sale of personal property shall be by bid procedures pursuant to Section 3.20.010 or 3.20.020. Except if one of the following conditions exists:

• A. The estimated cost of the supplies, materials and equipment, or nonprofessional services is less than the amount established by City's Purchasing Policy, approved by City Council's resolution.

• B. The Purchasing Authority determines, that the supplies, materials and equipment, or nonprofessional services are obtainable only from a single or sole source, and therefore the purchase of such supplies, materials and equipment, or nonprofessional services is not adaptable to competitive bidding.

• C. Purchases of supplies, materials and equipment, or nonprofessional services made under a joint or cooperative purchasing program, utilizing purchasing agreements maintained by the County, State, or other public agencies.

• D. When the supplies, materials and equipment, or nonprofessional services is necessary to repair, maintain or improve the City's utilization of supplies, materials and equipment, which is a component for or system of supplies, materials and equipment previously acquired by the City.

• E. An emergency exists, as determined by the City Manager, and ratified by the City Council in accordance with Section 2.20.060(A), which requires the immediate purchase of the supplies, materials and equipment, or nonprofessional services. An emergency shall be deemed to exist if:

  1. There is a great public calamity such as a flood, fire or earthquake;

  2. There is an immediate need to prepare for national or local defense;

  3. There is a breakdown in machinery or an essential service which requires the immediate purchase of supplies and equipment to provide essential city services;

  4. An essential departmental operation affecting the public health, welfare or safety would be greatly hampered if the prescribed purchasing procedure would cause an undue delay in procurement of the needed item.

• F. The Purchasing Authority, with approval of the City Council by resolution, determines that the best interests of the City would be served by purchasing or selling the supplies, materials and equipment, or nonprofessional services without observing the procedure required by Section 3.20.010 or 3.20.020.

• G. The provisions of this chapter shall apply to the purchase, storage and disposal of

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City of Norwalk, CA

NORWALK CODE

§ 3.16.070

§ 3.16.110

• commodities required for civil defense and disaster purposes only to the extent consistent with provisions of City, State and Federal law relating to such matters, and with the Civil Defense and Disaster Plan of the City in the event of any emergency encompassed by such chapter.

• H. Whenever the Purchasing Authority finds that the public interest and convenience require, it may enter into purchasing agreements for the acquisition of City supplies, materials, and equipment or services, in accordance with grant requirements of a granting agency, as long as such agreements are authorized by the laws of the State.

• (Ord. 21-1722 § 2)

The Purchasing Authority or designees shall cause an inspection to be made of all supplies and equipment delivered and services performed to determine their conformance with the specifications set forth in the purchase order or contract. The Purchasing Authority may require chemical and physical tests of samples submitted with bids and samples of deliveries to the extent necessary to determine their quality and conformance with the specifications. For such tests, laboratory facilities of any department or any outside laboratory may be used. (Ord. 21-1722 § 2)

All departments shall submit to the Purchasing Authority at such times and in such form as he or she shall prescribe, reports showing stocks of all supplies, materials and equipment which are no longer used or which have become obsolete, worn out or scrapped. The Purchasing Authority shall have authority to transfer any such commodities which are usable to other departments in lieu of filling requisitions for the purchase of new and additional stock of the same or similar articles, or may exchange or trade-in such supplies, materials and equipment in part or full payment for new supplies, materials and equipment of a similar nature. (Ord. 21-1722 § 2)

The Purchasing Authority or designee shall develop an itemized list and a written estimate of the value of any surplus items not usable by any City department, except those items with an estimated value of $100 or less need not be valued individually. Subsequent to a finding by the Purchasing Authority or designee that such items are no longer usable by the City, the Purchasing Authority shall have the authority to dispose of all such items. The disposal of such items shall be accomplished by sale in accordance with Section 3.20.010 or 3.20.020, whichever is applicable, by auction, or by other means as may be determined appropriate from time to time by the City Council. In addition, the Purchasing Authority may donate such items to any nonprofit organization or governmental entity providing services to the City or its residents or to any Norwalk Sister City.

(Ord. 21-1722 § 2)

• A. The Purchasing Authority shall reduce, to the maximum extent possible, the number of purchase transactions by combining into bulk orders and contracts the requirements of departments for common-use items or items repetitively purchased; and shall develop and

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City of Norwalk, CA

REVENUE AND FINANCE

§ 3.16.110

§ 3.16.120

use those types of contracts and purchase orders which will reduce to the minimum the accompanying paperwork and which, in other respects, will be most advantageous to the City.

• B. The Purchasing Authority is authorized to prescribe the use of various types of contracts and orders, including but not limited to:

  1. Definite-quantity contracts, whereby the contractor agrees to furnish a specified quantity of supplies, materials or equipment at a specified time;

  2. Indefinite-quantity contracts, whereby the City agrees to obtain from the contractor all its requirements for specified supplies, materials or equipment in an estimated but indeterminate amount during a prescribed period of time at a definite unit price or at a specified discount from list or posted prices;

  3. Price agreements, whereby the contractor agrees to supply the City requirements for items, such as replacement parts for different makes of mechanical or automotive equipment, during a prescribed period of time at a definite unit price or at a specific discount from list or posted prices.

• (Ord. 21-1722 § 2)

• A. The Purchasing Authority or designee shall prepare procedural regulations to implement the provisions of this chapter; to submit such regulations and amendments thereto to the City Manager, if prepared by designee, for approval; and, after such approval, to promulgate and to enforce compliance with such regulations, including, but not limited to:

  1. The procedure for handling bids, including their custody and safeguarding, opening and tabulation, rejection and readvertising;

  2. The procedure for determining the lowest responsive and/or responsible bidder;

  3. The procedure for securing from bidders and prospective bidders the data necessary to determine whether or not they are responsible;

  4. The procedure for inspection of deliveries of supplies, materials and equipment;

  5. The procedure for making open market purchases and sales;

  6. The procedure for making emergency purchases;

  7. The procedure for reporting receipt of deliveries of supplies, materials and equipment;

  8. The procedure for submitting and approving requisitions for the supplies, materials and equipment, and nonprofessional services required by the departments;

  9. The procedure for receipt and examination prior to audit of invoices for supplies, materials, and equipment delivered;

  10. The procedure for control and safeguarding of supplies, materials and equipment in storerooms or at storage points, including the maintenance of a perpetual inventory system showing the quantitative amounts and monetary value of the inventories; and

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City of Norwalk, CA

NORWALK CODE

§ 3.16.120

§ 3.16.170

11. Such other regulations as may be necessary to give effect to provisions of this chapter and any amendments thereto.

• B. A copy of such regulations shall be available in the Purchasing Authority's office and shall be open to public inspection during regular business hours.

• (Ord. 21-1722 § 2)

The Purchasing Authority shall operate any storerooms or warehouses established by the City Council for the storage of common use items. He or she shall be responsible for the safekeeping, and proper storage and handling, of all supplies, materials and equipment therein. The Purchasing Authority may also prescribe and require the maintenance of a perpetual inventory system showing the quantitative amounts and monetary values of the inventories in any storerooms operated by other departments.

(Ord. 21-1722 § 2)

The Purchasing Authority, upon approval of the City Manager, may authorize, in writing or verbally, any department to purchase or contract for certain specified classes of supplies, materials and equipment, or on the condition that such purchases or contracts shall be made in conformity with the applicable procedures of this chapter. The Purchasing Authority, may rescind such authorization to purchase independently, by written or verbal notice to the department or departments concerned, unless otherwise prohibited by law. (Ord. 21-1722 § 2)

• A. All departments shall submit to the Administrative Services Manager requisitions for the supplies, materials and equipment, as required for their operations, and for the purposes and within the limits of funds appropriated therefor. The Administrative Services Manager, after reviewing any such requisition, may question its propriety and may require from the head of the requesting department a justification of the quantity or quality requisitioned.

• B. All departments shall also file with the Administrative Services Manager estimates of their requirements for supplies, materials and equipment, in such form, at such time, and for such future periods as the Administrative Services Manager shall prescribe.

• (Ord. 21-1722 § 2)

Except as otherwise provided in this chapter, purchases of supplies, materials and equipment, and non-professional services of up to the Purchasing Authority's authorization limit shall be made only by purchase orders. No purchase order shall be issued unless the prior approval of the Purchasing Authority or his or her designated representative has been obtained. Notwithstanding the foregoing, purchases may be made without a purchase order in cases of emergency, impracticality, or small item acquisitions, under procedures established by the Purchasing Authority.

(Ord. 21-1722 § 2)

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City of Norwalk, CA

REVENUE AND FINANCE

§ 3.16.170

§ 3.16.180

Except as provided in Section 3.16.160, no notice of award of contract shall be issued, no contract shall be signed, and no purchase order shall be issued, until the Finance Director or designee shall have verified that the unexpended balance in the appropriation or appropriations concerned is sufficient to defray the amount of such contract or purchase order. Nothing in this section shall permit any contract or purchase order to be entered into unless in compliance with Section 3.16.060 of this chapter.

(Ord. 21-1722 § 2)

• A. If any purchase of supplies, materials and equipment is contrary to the provisions of this chapter, such purchase shall be void and of no effect, unless thereafter ratified by the person or body required by this chapter to approve such purchase.

• B. No department shall split its requirements for supplies, materials or equipment into smaller estimated amounts in order to evade any of the provisions of this chapter.

• C. Purchases of supplies, materials and equipment for the private use of any official or employee of the City are prohibited.

• (Ord. 21-1722 § 2)

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City of Norwalk, CA

REVENUE AND FINANCE

§ 3.17.010

§ 3.17.020