Article IV — PURCHASING AND CONTRACTING FOR GOODS, SUPPLIES,

EQUIPMENT, MAINTENANCE, GENERAL SERVICES, AND INFORMATION TECHNOLOGY SERVICES

SEC. 4-42. APPLICABILITY.

This article shall apply to contracting for goods, supplies, equipment, general services, information technology services or other transactions that are not public projects as defined in and subject to Article II of this chapter.

(Ord. No. 3053)

SEC. 4-43. REQUIREMENTS FOR SOLICITATIONS, CONTRACTS AND PURCHASE ORDERS.

(A) The purchasing agent shall determine when formal and informal solicitations should be dispensed with in the following instances:

(1) When the goods, supplies, equipment, general services, or information technology services can be obtained from only one source; or

(2) Or when the purchasing agent determines that obtaining solicitations responses is not in the city's best interest.

(B) The city manager or his/her designees may procure goods, supplies, and equipment with an aggregate value that does not exceed $5,000, without following the solicitation requirements of this article for such purchases. These are considered small purchases.

(1) Any designee of the city manager shall not make a series of small purchases with a single vendor for the same goods, supplies and equipment that would result

in a violation of the city's informal or formal solicitation requirements.

(2) It is the responsibility of the designee to ensure they do not violate the city's purchasing requirements.

(C) Any goods, supplies, or equipment over $5,000 in aggregate value shall be made only by a purchase order or contract.

(D) Every purchase order or contract shall be awarded either to the lowest responsive, responsible bidder, or to the proposer offering the best value. The method of award shall be determined by the purchasing agent and be included in the request for solicitation.

(E) The city manager or their designee may award, and the purchasing agent may execute, any contract or purchase order within their contracting authority as stated in Section 4-3 of this chapter.

(F) Information technology services for any amount shall be made only by contract or information technology equipment may be made by contract or purchase order.

(Ord. No. 3053)

SEC. 4-44. SERVICE CONTRACTS SUBJECT TO PREVAILING WAGES.

Service contracts subject to this article, and valued over $1,000, as required by to Cal. Labor Code, Section 1771, shall be made by contract or purchase order and subject to the general prevailing wage rate as set forth by the department of industrial relations.

(Ord. No. 3053)

SEC. 4-45. INFORMAL SOLICITATION PROCESS.

The purchasing agent or designee shall perform an informal solicitation as defined in Section4-2(K) for the purchase of goods, supplies, equipment, general services, professional services, information technology services or other transactions up to $100,000.

(Ord. No. 3053)

SEC. 4-46. FORMAL SOLICITATION PROCESS.

The purchasing agent shall perform formal solicitations as defined in Section4-2(I) for the purchases of goods, supplies, equipment, general services, professional services, information technology services or other transactions over $100,000.

(Ord. No. 3053)

SEC. 4-47. PUBLICATION.

Notice inviting formal solicitation responses shall be published on an e-procurement platform or purchasing website, and/or by any other method of advertising that is recognized and accepted for public agency purchasing and is consistent with applicable State law. The purchasing agent shall encourage as wide a response as possible from prospective vendors when they determine this to be in the best interests of the city.

(Ord. No. 3053)

SEC. 4-48. NO RESPONSIVE SOLICITATIONS.

When no responsive solicitation responses are received, the purchasing agent is authorized to negotiate for a contract or purchase order for goods, supplies, equipment, general services, professional services, information technology services or other transactions, and if the contract is for an amount over the city manager's contract authorization in Section 4-3 of this chapter, then this contract shall be presented to the city council for approval and execution by the mayor or in their absence the mayor pro tem.

(Ord. No. 3053)

SEC. 4-49. RECEIPT OR REJECTION OF SOLICITATION.

(A) The purchasing agent may accept a solicitation response on the basis of the lowest responsive, responsible proposer, or the best value criteria, whichever is stated in the request for solicitation.

(B) If two or more solicitation responses received are for the same total amount or unit price, the city may accept the one it chooses on the basis of the lowest responsive, responsible proposer made by negotiation or the best value.

(C) The purchasing agent may at any time reject all solicitation responses.

(Ord. No. 3053)

SEC. 4-50. PURCHASE CHANGE ORDERS AND AMENDMENTS.

The city manager or their designee may approve, and the purchasing agent may execute, any purchase change order to a purchase order or an amendment to a contract that does not change the aggregate value of the contract or purchase order, the solicited scope of work or exceeds the contracting authority as stated in Section 4-3 of this chapter.

(Ord. No. 3053)

SEC. 4-51. EMERGENCY, URGENCY AND IMMEDIATE NEED.

(A) Sections 4-33 through 4-39 shall not apply in an emergency situation as defined in Section4-2(O)(1) or for situations in the City Manager's discretion that meet the following conditions: (1) Does not permit obtaining solicitation responses; and

(2) Public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property, or to mitigate severe

economic expenses.

(B) The following procedure for emergency, urgency or immediate need items shall apply to this article only:

(1) If there is an emergent situation or urgent situation or immediate need that arises, and in the discretion of the city manager, to enter into a purchase order, contract, amendment, change order, lease or license, that otherwise would be submitted to the city council may be approved jointly by the city manager and mayor, mayor pro tem or the next available member of the city council, and executed by the purchasing agent.

(2) The city manager shall place the jointly executed document on the agenda for ratification at one of the next three regular city council meetings. Any document

that is jointly approved in this way shall contain a provision that the authority to perform work under that document will automatically terminate on the date that ratification is denied, if it is.

(Ord. No. 3053)