Santa Paula Municipal Code Ch. 41 Purchasing

This chapter is adopted pursuant to the city’s general and specific contracting powers and, without limitation, Cal. Gov’t Code § 40602 for the purpose of setting forth the requirements to bind the city by contract.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

CONTRACT may include a purchase order, contract, or professional services contract as the context may dictate.

GENERAL SERVICES mean services that are manual or routine in nature. Examples include janitorial services, landscape maintenance and general administrative services.

PROFESSIONAL SERVICES are predominately intellectual and require specialized knowledge, education, technical ability, licenses and/or certification. Examples include legal services, engineering services, banking services, auditing and software development/implementation.

SUPPLIES include consumables, materials and durable equipment.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

The City Manager is designated as the city’s Purchasing Officer. By written designation, the City Manager may delegate Purchasing Officer responsibilities to the city’s Purchasing Agent, or another appointed officer. Supplies and general services for city departments must be purchased in accordance with this code, administrative policy and procedures approved by the City Manager, and such additional regulations that the City Council may adopt.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

In addition to those powers granted by applicable law, the Purchasing Agent has the authority and duty to:

(A) Purchase or contract for supplies and general services;

(B) Promulgate administrative rules and regulations to implement the purposes of this chapter and as approved by the City Manager;

(C) Prescribe and maintain the documentation as necessary for the proper operation of this purchasing system;

(D) Supervise the inspection of all supplies and general services purchased under this chapter, in order to ensure conformance with city specifications;

(E) Endeavor to obtain as full and open competition as possible on all purchases and sales;

(F) Perform such other tasks as may be necessary for the proper conduct of a centralized, cost-effective purchasing system.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

Except as otherwise provided, the Purchasing Agent may not purchase supplies and general services unless there is an unencumbered appropriation in the fund account against which the purchase would be charged.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

All city departments must submit requisitions for supplies and general services to the Purchasing Agent, unless otherwise allowed in the administrative policy and procedures.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

Purchases made for supplies with an estimated value of less than $5,000 may be purchased on the open market without bidding requirements. However, multiple bids are encouraged and written quotes shall be required for purchases exceeding $500.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

Purchases made for supplies and general services with an estimated value of between $5,000 and $50,000 require the following:

(A) Purchases must, whenever possible, be based upon at least three bids and be awarded to the lowest responsive and responsible bidder;

(B) Bids must be written;

(C) The Purchasing Agent must solicit and award such bids.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

Purchases made for supplies and general services with an estimated value of more than $50,000 require the following:

(A) Notice inviting formal bids must be solicited at least ten days before the deadline for submitting bids by the Purchasing Agent through advertisement and/or posting on the City of Santa Paula’s official website.

(B) The notice soliciting bids must describe the supplies or general services needed in general and generic terms, identify security required for the bid, how bid specifications can be obtained, and designate the deadline and place for submitting bids.

(C) The Purchasing Agent may require bidders to secure bids and performance in a manner approved by the Purchasing Agent and in a form approved by the City Attorney. Unsuccessful bidders are entitled to the return of bid security within 60 days after the date of the award.

(D) (1) Bids must be submitted to the City Clerk’s office in a sealed envelope and be clearly marked as a bid along with the bidder’s name and bid number written on the outside of the envelope. The Purchasing Agent will open properly submitted bids at the time and place stated in the notice inviting bids. A written record and tabulation must be made at the time all bids are received and then opened.

(2) A secure, web-based system or other appropriate media may be used in lieu of sealed bids opened in public, provided that the Purchasing Agent has approved the system for accuracy, confidentiality and reliability.

(E) Bids may be evaluated based upon bid amount, compliance with bid specifications, responsibility of the bidder, and any other reasonable matter identified in the notice soliciting bids, this code, or any other rule or regulation promulgated to implement this chapter.

(F) The Purchasing Agent, or department seeking the supplies or general services, will make a recommendation to the City Council regarding the award of a contract based upon the Purchasing Agent’s concurrence. The City Council has sole authority in award of bids exceeding $50,000.

(G) If the city does not receive any bids, the Purchasing Agent may:

(1) Abandon the purchase;

(2) Rebid the purchase to an extended supplier base;

(3) Rebid the purchase under revised specifications.

(H) If the City Council determines bids are unacceptably high, or specifications were misleading, the Purchasing Agent may reject any bids presented and the item may be re-bid.

(I) The City Council may reject all bids or award the purchase contract to the best qualified bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation, provided that the contract award amount is within the unencumbered appropriation for that item. The City Council may waive any minor bid irregularities.

(J) If a successful bidder refuses to comply with, or fails to execute, a contract issued by the city within ten days after being awarded the contract, the city may cancel the award and retain any bid security. Compliance with contract requirements includes, without limitation, submission of insurance documentation. Should this occur, the City Council may award the contract to the next lowest responsible bidder.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

The City Council may waive the purchasing procedures otherwise required by this chapter when required or desirable and in conformance with state law. For purposes of example, and not limitation, the City Council may waive bidding requirements for obtaining supplies and general services that are available from only one vendor as supported by appropriate documentation.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

The procedures set forth above need not be followed where the Purchasing Agent identifies a cooperative purchasing program administered by a government-oriented entity, or; a local, state, or federal governmental agency. When in the city’s best overall interests, the Purchasing Agent may enter into a contract for the purchase of supplies and general services awarded through such a cooperative purchasing program. City Council consent is required for such arrangements where the estimated value of the supplies or general services exceed $50,000.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

The City Manager or acting City Manager may authorize emergency purchases without observing the bidding procedures set forth in this chapter upon a finding that such purchases are required for the immediate protection of public health, safety, or welfare and that there is an immediate or imminent emergency. A declaration of emergency as set forth in this code is conclusive evidence of such an event. The City Manager or acting City Manager must provide a report to the City Council at its next special or regular meeting regarding such emergency purchases, which set forth the circumstances requiring the action.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

It is a violation of this chapter to knowingly take action to separate purchases into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements set forth in this chapter.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18) Penalty, see Ch. 13

The Purchasing Agent or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications prior to authorizing payment.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

The City Manager may contract for professional services in an amount not to exceed $50,000. The manner by which professional services are selected and contracted shall be prescribed by administrative policy and procedures.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)

The city will provide a 1% preference to businesses within the City of Santa Paula submitting bids to the city in order to overcome any competitive disadvantage relating to local sales taxes.

(Ord. 1075, passed 11-17-03; Am. Ord. 1279, passed 11-7-18)