Yorba Linda Municipal Code Ch. 3.04 Purchasing

Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter:

"Act"

means the California Uniform Public Construction Cost Accounting Act found at Public Contract Code Section 22000 et seq., as it currently exists or is subsequently amended or superseded.

"Alternative purchasing procedure"

means purchasing supplies, vehicles, services, or equipment when any of the following situations exist. an emergency; no competitive market; competitive bidding already completed; state purchases; or no bids received. "Authorized contracting party" means the City official or body provided with authority under this chapter to approve a contract or to make a purchase.

"Authorized contracting party"

means the City official or body provided with authority under this chapter to approve a contract or make a purchase.

"City Manager"

means the City Manager or person designated by the City Manager to perform all or some of the duties prescribed in this chapter.

"Commission"

means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010).

"Direct competitive purchasing procedure"

means a procedure whereby quotes shall be obtained and a Pricing Quote Sheet completed. An agreement between the vendor and the City shall be completed when required.

"Emergency,"

for purposes of public projects, has that meaning provided in Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing purposes means a situation that makes competitive bidding, either formal or informal, impractical, or not in the best interests of the City.

"Formal competitive purchasing procedure"

means a procedure that meets the requirements of Federal, State, and local law, including the Act, this chapter, and any policies and procedures approved by the City Council or City Manager consistent with this chapter. The City Council shall approve plans and specifications for purchases of more than $200,000.00; the project shall be publicly noticed as required by law so all interested vendors may participate; bid packets may be prepared for purchase by vendors; and the vendor shall be approved by the City Council based on established criteria.

"General services"

means all services performed by persons not in a professional occupation, including, but not limited to, contract services for park, landscape, or road maintenance; electrical and computer repair; building, facility, and vehicle maintenance and repairs; recreation programs; and other similar services, which are not professional services.

"Informal competitive purchasing procedure"

means that at least three bids or proposals shall be obtained from a department-maintained vendor list.

"Maintenance work"

has that meaning provided in Section 22002(d) of the Act, as that section may be amended from time to time. Maintenance work includes, but is not limited to, the following:

Routine, recurring, and usual maintenance work for the preservation or protection of any publicly owned or publicly operated facility. Facility maintenance includes, but is not limited to, roof repairs, heating and air conditioning repairs, plumbing repairs, electrical repairs, and minor repainting.

Street and highway maintenance, including utility patching, filling of cracks and potholes, slurry sealing, edge grading, street striping of existing streets, resurfacing of streets and highways at less than one-inch, sign replacement, sidewalk repair, curb and gutter repair, and streetlight and traffic signal repair. Maintenance work shall not include new street or highway striping or the installation of new streetlights or traffic signals.

Storm drain-related maintenance.

Landscape maintenance, including mowing, watering, trimming, tree pruning, planting, tree and plant replacement, and irrigation and sprinkler system servicing, retrofit, and repair. Maintenance work shall not include the installation of new landscaping or irrigation and sprinkler system improvements.

Vehicle and equipment maintenance and repairs.

"Negotiated contract"

means an agreement or written documentation that details terms and conditions of the purchase.

"Non-public project"

means expenditures, which include, but are not limited to, those expenditures defined as general services, maintenance work, professional services, supplies, vehicles, and equipment.

"Over-the-counter"

means the open market purchasing process that does not require comparative pricing, but rather prudent judgment when ordering goods and services.

"Professional services"

means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer support, engineering, architectural, planning, financial, economic, legal, management, environmental, and other similar professional functions which may be necessary for the operation of the City.

"Public project"

has that meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time. Maintenance work is not considered a public project. A public project includes, but is not limited to, the following:

Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated street, highway, facility, real property, or other public work improvement.

Roof replacements for publicly owned, leased, or operated facilities.

Painting or repainting of any publicly owned, leased, or operated facilities.

"Purchase order"

means the document that is generated by the Purchasing Officer, provided to the vendor named on the purchase order, and used to encumber the funds in the financial accounting system.

"Purchasing Officer"

means the City Manager or his or her designee(s) as provided in Section 3.04.020. Pursuant to Section 3.04.020, the City Manager may change his or her designation at any time.

"Purchase requisition"

means the electronic process initiated by an authorized department staff member requesting that the Purchasing Officer issue a purchase order.

"Yorba Linda vendor"

means a local business enterprise whose business address at the point of sale is located within the geographical boundaries of the City and who maintains a valid business license or permit to do business in the City.

(Ord. 2023-1107 § 1)

There is established the role of a Purchasing Officer. The Purchasing Officer shall be the City Manager or his or her designee(s). If the City Manager designates one or more persons to act in this role, the Purchasing Officer(s) shall serve at the pleasure of the City Manager. The duties of the Purchasing Officer may be combined with those of any other officer(s) or position(s).

(Ord. 2023-1107 § 1)

The Purchasing Officer, in accordance with the policies set forth in this chapter and in any written procedures approved by the City Manager consistent with this chapter, shall have the power to:

A. Purchase or contract for supplies, vehicles, services, and equipment required by the City.

B. Negotiate and recommend to the City Council execution of contracts for the purchase of supplies, vehicles, services, and equipment.

C. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, and disposal of supplies, vehicles, services, and equipment for the City.

D. Prescribe and maintain such forms and electronic systems as may be reasonably necessary for the implementation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter.

E. Inspect or supervise the inspection of purchased supplies, vehicles, services, and equipment to ensure conformity with any specifications established or required by the City.

F. Transfer among departments any supplies, vehicles, services, and equipment not needed by one such department, but which are necessary for the operation of one or more other departments.

G. Sell any supplies, vehicles, and equipment not needed for public use or that may become unsuitable for their intended use.

H. Work with City departments to ensure that they develop and maintain any lists of bidders, contractors, or vendors necessary for the operation of this chapter and any other policies and procedures approved by the City Council or the City Manager consistent with this chapter.

(Ord. 2023-1107 § 1)

A. The City shall secure supplies, vehicles, services, and equipment at the lowest total cost commensurate with the quality and scope needed, and subject to any limitations imposed by State law. Notwith-standing the foregoing, the City shall secure professional services based upon demonstrated competence, professional qualifications, and experience. The City may consider cost of professional services if the authorized contracting party determines it to be a relevant factor.

In order to promote the economic health and development of the City, to recognize the amount of sales tax that is returned to the City as a result of the award of a purchase contract for supplies, vehicles, and equipment to a Yorba Linda vendor, to encourage local participation in the procurement process, and to exercise the prudent use of public funds, the City Council may, by minute action, award a bid for non-public projects to a Yorba Linda vendor provided the local bid does not exceed the lowest bid by more than two percent or $5,000.00, whichever is less. This exception shall not be utilized for any purchase made with Federal funds.

B. The Purchasing Officer shall develop, for approval by the City Manager, such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures shall be written and implemented in such a way to encourage open and competitive bidding, provide equal opportunity based on merit, make each selection process free of discrimination, provide for efficient and timely acquisition of needed supplies, vehicles, services, and equipment, and provide effective fiscal controls.

C. When purchasing supplies, vehicles, services and equipment, the City shall make use of competitive bidding, either direct, formal, or informal, whenever required by law, this chapter, or any policies and procedures approved by the City Council or the City Manager consistent with this chapter. All real property and equipment leases shall be approved by the City Council.

D. Direct, formal, or informal competitive bidding is not required when an "emergency" is declared pursuant to Section 3.04.130(A) of this chapter. With respect to emergencies involving public projects of $60,000.00 or more, however, this waiver of competitive bidding shall last only so long as the emergency exists in the determination of the City Council.

E. Pursuant to Labor Code Section 1771, the City shall pay prevailing wages for certain public projects and maintenance projects of more than $1,000.00. Labor Code Sections 1720 through 1720.9 provide the definition of public projects for prevailing wage purposes. The City Attorney should be consulted when there is a question as to whether prevailing wages apply.

(Ord. 2023-1107 § 1)

When using the direct, formal, or informal competitive bidding process for goods and services, departments shall utilize the established electronic process prescribed by the Purchasing Officer or communicate by other means as may be established by the purchasing rules and regulations.

(Ord. 2023-1107 § 1)

Purchase orders shall be used as required by the purchasing rules and regulations.

(Ord. 2023-1107 § 1)

Except in cases of emergency or in cases where specific authority has been first obtained from the City Manager, the Purchasing Officer shall not issue any purchase order unless there exists an unencumbered appropriation in the cost center or fund against which such purchase is to be charged.

(Ord. 2023-1107 § 1)

A. $2,500.00 or Less. Any purchase of $2,500.00 or less may be awarded by a designated mid-management employee responsible for the public project or non-public project using the over-the-counter purchasing procedure set forth in Section 3.04.090.

B. $5,000.00 or Less. Any purchase of $5,000.00 or less may be awarded by a designated mid-management employee responsible for the public project or non-public project by any direct competitive purchasing procedure set forth in Section 3.04.100.

C. $25,000.00 or Less. Any purchase of $25,000.00 or less may be awarded by the Director of the department responsible for the public project or non-public project by any direct competitive purchasing procedure as set forth in Section 3.04.100.

D. $25,000.01 - $75,000.00—Non-Public Projects. Any purchase, other than those meeting the definition of public project, of more than $25,000.00, but less than or equal to $75,000.00, may, except as otherwise provided in this chapter or the Act, be awarded by the City Manager pursuant to the informal competitive purchasing procedure set forth in Section 3.04.110. If all bids received are over $75,000.00, the City Manager may award the contract in an amount not exceeding $80,000.00 to the lowest responsive and responsible bidder, so long as the City Manager also determines that the City's cost estimate for the project was reasonable.

E. $75,000.01 or More—Non-Public Project. Any purchase other than for public projects of more than $75,000.00 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the formal competitive purchasing procedure set forth in Section 3.04.120.

F. $60,000.00 or Less—Public Project. Any purchase meeting the definition of public project of $60,000.00 or less may be awarded by the City Manager by any direct competitive purchasing procedure as set forth in Section 3.04.100.

G. $60,000.01 - $200,000.00—Public Project. Any purchase meeting the definition of public project of more than $60,000.00, but less than or equal to $200,000.00, may, except as otherwise provided in this chapter or the Act, be awarded pursuant to the informal competitive purchasing procedure set forth in Section 3.04.110. Purchases of more than $60,000.00, but less than or equal to $125,000.00, may be awarded by the City Manager. Purchases of more than $125,000.00, but less than or equal to $200,000.00, shall be awarded by the City Council.

If all bids received are over $200,000.00, the City Council may, by passage of a resolution by a four-fifths vote, award the contract, for up to $212,500.00, to the lowest responsive and responsible bidder, so long as the City Council also determines that the City's cost estimate for the project was reasonable.

From time to time, the Uniform Public Construction Cost Accounting Act is updated to reflect higher purchasing limits. Increased informal competitive purchasing limits, when they occur, shall automatically be incorporated into this subsection G and subsections F and H. Such increases shall not automatically increase the threshold in place for City Council approval of public project bid awards, which is currently set at $125,000.00 and may only be increased by the City Council.

H. $200,000.01 or More—Public Project. Any purchase meeting the definition of a public project of more than $200,000.00 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the formal competitive purchasing procedure set forth in Section 3.04.120.

I. Purchases Utilizing Federal Funding. Notwithstanding the foregoing, if a purchase utilizes any Federal funding, then different dollar amount thresholds apply as follows:

1. For public projects, the $60,000.00 threshold is reduced to $10,000.00.

2. For public projects, the $200,000.00 threshold shall remain at $200,000.00, as the current Federal simplified acquisition threshold of $250,000.00 now exceeds the City's threshold of $200,000.00.

J. City Engineer Review. The City Engineer shall review the working details, drawings, plans, and specifications prepared for public projects and maintenance work where applicable in the areas of streets, sewers, storm drains, and traffic signals (but not necessarily for parks, buildings, and landscaping) that may affect the engineering design or operation of public improvements and that may bring into question the City's liability for dangerous conditions of public property.

K. City Council Approval. The City Council shall review and approve applicable working details, drawings, plans, and specifications prepared for public projects of more than $200,000.00. In the case of a declared emergency pursuant to Section 3.04.130(A), this requirement shall not apply.

L. Five-Year Term Limitation. Unless otherwise approved by the City Council, no agreement or contract shall extend for a period of more than five years, including any optional contract extensions included in the contract terms. At the City Council's discretion, contracts with a longer term may be approved at the time of contract award. This limitation does not apply to software or hardware maintenance or software renewal contracts that only facilitate the continued utilization of existing hardware or software.

The City Manager shall have the authority to sign all contract extensions previously approved by the City Council without the need for the extension to be separately approved by the City Council. However, should the City Council at its discretion require contract extensions to return for the City Council's approval at the time of contract award, then the City Council approval of the extensions will be required.

(Ord. 2023-1107 § 1)

Uses of the Yorba Linda Over-the-Counter Purchasing Procedure. This direct purchasing procedure shall be used for purchases of less than $2,500.00. Comparative pricing is not required but shall be used when practical. Prudent judgment shall be used at all times.

(Ord. 2023-1107 § 1)

A. Uses of the Yorba Linda Direct Competitive Purchasing Procedure. This direct purchasing procedure shall be used for purchases between $2,500.01 and $25,000.00 for non-public projects and between $2,500.01 and $60,000.00 for public projects.

B. Solicitation of Informal Quotes. At least three vendors shall be contacted to provide informal bids or proposals.

(Ord. 2023-1107 § 1)

A. Uses of the Yorba Linda Informal Competitive Purchasing Procedure. This informal purchasing procedure shall be used for purchases between $25,000.01 and $75,000.00 for non-public projects and for purchases between $60,000.01 and $200,000.00 for public projects.

B. Contractor/Vendor List. The using department shall maintain a vendor/contractor list. For public projects only, the list of vendors shall be developed and maintained in accordance with the provisions of Section 22034 of the Act and the criteria promulgated from time to time by the Commission. In particular, during November of each year, City departments shall submit a written notice to all construction trade journals designated for the City pursuant to Section 22036 of the Act inviting all licensed contractors to submit the name of their firm to the City for inclusion on the City's list of qualified bidders for the following calendar year. City departments may create a new contractors list starting January 1 of each year and may include any contractor names on this list, but at a minimum all contractors who have properly provided the City with the information requested in the written notice. A contractor may have their firm added to the City's contactors list at any time by submitting a written request.

C. Distribution of Notice Inviting Informal Bids or Proposals. Notices inviting informal bids or proposals shall be mailed, emailed, or faxed to the list of qualified contractors and/or trade journals not less than 10 calendar days before bids are due. For non-public projects only, a sufficient number of vendors shall be contacted so that at least three vendors or contractors provide informal bids or proposals. If at least three vendors or contractors do not submit informal bids or proposals, the using department shall provide documentation to the Purchasing Officer as to why at least three vendors are not available. For public projects only, notices shall be mailed, emailed, or faxed to all contractors for the category of work to be bid, as shown on the list maintained by the using department. If there is no list of registered contractors maintained by the using department for the particular category of work to be performed, the notice inviting informal bids shall be sent only to the construction trade journals specified by the Commission pursuant to Section 22036 of the Act.

D. Proprietary Projects or Products. If the director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids or proposals may be sent exclusively to such vendor(s) or contractor(s).

E. Bid, Proposal, and Contract Documents. The contents and form of the bid documents, requests for proposals, and/or contract documents shall be approved by the director of the using department and, as needed, the City Attorney.

F. Bid or Proposal Submittal. Contractors shall submit their bids or proposals on forms prescribed by the City.

G. No Bids or Proposals Received. If no bids or proposals are received, the authorized contracting party may award the contract by any alternative purchasing procedure.

(Ord. 2023-1107 § 1)

A. Uses of Formal Competitive Purchasing Procedure. This formal purchasing procedure shall be used for non-public project purchases greater than $75,000.00, public project purchases greater than $200,000.00 or whenever formal competitive purchasing is otherwise required by this chapter.

B. Required Process. The formal competitive purchasing procedure shall comply with all aspects of Federal, State, and local law governing formal competitive bidding, including, but not limited to, the Public Contract Code, Government Code, Labor Code, resolutions of the City Council as may be adopted from time to time, and policies and procedures as the City Council or City Manager may approve from time to time.

C. Distribution of Notice Inviting Formal Bids or Proposals. The notice inviting formal bids or proposals shall comply with Section 22037 of the Act, as such section may be amended from time to time. For public projects only, the bid process outlined in State law should be followed as it may be updated from time to time. In particular, there are specific notification and publication requirements that must be performed pursuant to the Public Contracts Code. For non-public projects only, using the contractor list maintained in the department, staff shall prepare and mail, email, or fax formal bid notices or requests for proposals describing the project in specific terms, how to obtain more detailed information and due date and requirements for submission of bids or proposals. Notice must be sent not less than 10 calendar days before bids or proposals are due. If at least three vendors or contractors do not submit bids or proposals, the department shall provide documentation to the Purchasing Officer as to why at least three vendors are not available. If no bids or proposals are received, the contract may be awarded by any alternative purchasing method.

D. Bid, Proposals, and Contract Documents. The contents and form of the bid documents, requests for proposals, and/or contract documents shall be approved by the director of the using department and, as needed, the City Attorney.

E. Bid or Proposal Submittal. Contractors shall submit their bids or proposals on forms prescribed by the City.

F. No Bids or Proposals Received. If no bids or proposals are received, the authorized contracting party may award the contract by any alternative purchasing procedure.

(Ord. 2023-1107 § 1)

A. Purpose. This section is enacted pursuant to Section 20101 of the California Public Contract Code, which authorizes the City to establish a system for prequalification of prospective bidders on public works construction projects.

B. Prequalification of Bidders.

1. The City hereby establishes a system for prequalifying prospective bidders for public works construction projects. The City may use the prequalification system identified in this section for any public works project.

2. The Public Works Director is authorized to adopt and apply a uniform system of rating bidders for each project based on: (a) the requirements of Section 20101 of the California Public Contract Code; and (b) the model guidelines and standardized questionnaire created by the California Department of Industrial Relations, as modified at the Public Works Director's discretion, to address the needs of the particular project, or projects, to which they are to be applied.

3. The Public Works Director is authorized to determine whether or not the needs of any particular project warrant prequalification of prospective bidders.

4. If the Public Works Director determined that prequalification of prospective bidders is required for a particular project, the Public Works Director shall determine which bidders are qualified to bid on that project based upon the uniform system of rating bidders. If the Public Works Director determines any bidder is not qualified to bid on a project, the Public Works Director shall provide to the bidder written notice that includes the basis for the determination and an identification of any supporting evidence therefor, and an opportunity for the bidder to appeal the determination pursuant to subsection C of this section.

C. Appeals.

1. Any person aggrieved by a determination made by the Public Works Director pursuant to subsection (B)(4) of this section may appeal the determination only by complying with the requirements set forth in this subsection. Such an aggrieved person shall be referred to herein as "appellant." Without a timely appeal, the appellant waives any and all rights to challenge the decision of the Public Works Director, whether by administrative process, judicial process or any other legal process or proceeding.

2. The appellant shall submit a written notice of appeal to the City Clerk, along with a complete written description of all factual and legal bases for the appeal, no later than 10 calendar days after the City has mailed written notice of the determination made by the Public Works Director.

3. If the appellant gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than five business days prior to the last date for the receipt of bids on the project or 20 calendar days following the City's receipt of the notice of appeal, whichever is sooner.

4. The hearing shall be an informal process conducted by a hearing officer chosen at random from the following positions: (a) Community Development Director; (b) Economic Development Manager; (c) Assistant City Engineer; or (d) Assistant City Manager. The assignment of one of these staff persons to a prequalification appeal hearing shall be made randomly and shall in no way be dependent or conditional upon the person's history as a hearing officer or the outcomes of prior hearings. Under no circumstances shall the prospects of future employment or the compensation of a hearing officer be based in any way upon the outcome of his or her hearing decision.

5. At the hearing, the appellant and the City shall each be provided an opportunity to be represented by legal counsel and to present or rebut any evidence bearing upon the issues presented in the appeal.

6. The hearing officer shall consider relevant evidence presented during the hearing and provide a written decision on the appeal to the City and the appellant within one business day after the close of the hearing. The time identified in this section for providing the hearing officer's decision may be extended only by consent of the City and the appellant and such an extension shall not affect or require a delay in a scheduled time for opening of bids for any public works project. Failure by the hearing officer to render a timely decision shall be deemed a denial of the appeal.

7. The hearing officer's decision shall be final.

(Ord. 2023-1107 § 1)

For non-public projects and other situations provided in this section, an alternative purchasing procedure that results in a negotiated contract, force account, purchase order or any other procedure determined by the authorized contracting party to be in the best interests of the City and in compliance with the City's policies and procedures may be used. Alternative purchasing procedures for purchases utilizing any Federal funding shall comply with any more stringent limitations imposed by Federal law or regulations.

A. Emergencies. In situations determined by the City Manager to constitute an emergency the competitive bidding process may be waived. The City Council hereby delegates to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $200,000.00 for public projects, pursuant to Section 22035 of the Act and Public Contract Code Section 22050. Emergency expenditures of more than $200,000.00 shall be approved by the City Council. For non-public projects, the City Manager's authority is limited to $75,000.00 and emergency expenditures of more than this amount shall be approved by the City Council. In situations where the City Manager is temporarily unavailable and emergency work must proceed, the City Council hereby delegates this authority to department heads and mid-managers to act on behalf of the City Manager. Such delegated authority is limited to $25,000.00 for department heads and $5,000.00 for mid-managers. Work shall be performed without the benefit of competitive purchasing, either formal or informal, only so long as necessary under those sections.

For public projects of more than $60,000.00, a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive purchasing in accordance with Section 22035 of the Act and Public Contract Code Section 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the project or purchase may be completed pursuant to a competitive purchasing procedure.

For public projects of $60,000.00 or less and non-public projects, the City Manager shall determine, on his or her own initiative as the action continues, whether there is a need to continue the action without the benefit of informal competitive purchasing. The City Manager shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a competitive purchasing procedure.

B. Cooperative Purchases. When a recent competitive bid procedure or request for proposals process has been conducted by another public agency and the price to the City is equal to or better than the price to the other agency, the competitive bidding process may be waived.

C. State Purchases. When the purchase is made on behalf of the City by the State Department of General Services, the competitive bidding process may be waived.

D. No Bids Received. When no bids are received pursuant to the direct competitive purchasing procedure, the informal competitive purchasing procedure, or the formal competitive purchasing procedure, additional bids are not required.

E. Sole Source/Sole Brand Purchases. Commodities and services, which can be obtained from only one manufacturer or vendor, are exempt from competitive bidding. Sole source purchases include proprietary items sold directly from the manufacturer or items that have only one distributor authorized to sell in this area. Professional or general services vendors who possess specific expertise or past experience with City facilities, projects, or studies may also be determined to be an appropriate use of the sole source exception to competitive procurement. Products that have been proven to be the only acceptable or compatible products to be utilized with existing City systems (a City standard) but that are available on the open market from multiple sources are classified as sole brand purchases. Examples of sole brand procurements pursuant to a City standard include irrigation controllers, access control systems, or computer network infrastructure.

F. No Competitive Market. When it has been determined by the City Manager or Purchasing Officer that a competitive market does not exist, the competitive bidding process may be waived. Examples include purchases such as library books/media, memberships in professional organizations, meetings, conventions, travel, legal advertising, and utilities.

G. No Price Difference. When in the opinion of the Purchasing Officer, there is no material price difference between suppliers of goods, additional bids are not required.

H. Renovation and/or Replacement of Items Currently Under a Maintenance Contract. When the City has entered into a maintenance contract with an outside vendor to perform routine maintenance services on existing buildings, equipment and/or landscaping, the renovation or replacement of parts and plantings determined by City staff to require replacement due to age, non-operable or hazardous condition or other circumstance, these expenditures shall be exempt from the direct competitive bid process only. If the expenditures exceed $60,000.00 for public projects or $25,000.00 for non-public projects, then the work must be competitively bid. Department staff shall exercise good fiscal judgment when utilizing this purchasing exemption.

I. Planning Studies. Planning studies required as a condition of the development review process are not budgeted in advance. Although the City selects and contracts with the consultant, the cost is paid by the developer. Since the developer funds the study, planning consultant contracts up to $75,000.00 may be approved by the City Manager from a pre-approved vendor list when the developer has deposited money toward the cost of the study with the City. The pre-approved vendor list may also be used for contracts in excess of $75,000.00; however, a request for proposals shall first be circulated to a minimum of three vendors on the list and the City Council shall approve the contract.

J. Black Gold Golf Course Procurements. Implementation of procurement rules that differ from those out-lined herein are permitted for any third-party operator hired to operate the Black Gold Golf Course. For public projects, the limitations and requirements imposed by State law relative to the bidding process and the payment of prevailing wages apply. The City Manager is otherwise authorized to implement procurement rules for the third-party operator.

K. City Council-Approved On-Call Panels for Professional and General Services. A department may maintain a City Council-approved on-call panel of pre-approved firms qualified to perform the type of professional or general services required. When such an on-call panel is maintained, the competitive selection procedures are waived. Award of tasks under on-call contracts shall be rotated among the preapproved firms with no single firm receiving a substantial majority of similar work during the fiscal year. Recognizing that certain firms on an on-call panel may have particular expertise for certain types of projects, the rotation of firms may be limited in these cases based on the professional judgment of City staff. Each on-call firm, unless further limited at the time of contract award by the City Council, shall be eligible to receive work in an amount up to $75,000.00 per fiscal year without the need for additional City Council approval. Whenever the work awarded to a single on-call panel firm exceeds $75,000.00 in a fiscal year, City Council approval of the additional work is required.

L. City Council-Approved Panels for the Building Division. Recognizing that workload demands in the Building Division periodically exceed the available time of City staff to perform plan checks and building inspections, the City Council has authorized the utilization of a panel of professional services firms on an as-needed basis to augment City staffing. Because the nature of the work is unknown at the start of the contracts and each firm may or may not have staff available at a particular time to assist the City, it is not practical to assign a dollar limit to each of these contracts on an annual basis as is the case with other on-call panels. Rather, each firm on the Building Division panel, unless further limited at the time of contract award by the City Council, shall be eligible to receive work in an amount up to the total originally adopted budget for the Building Division Construction Inspection and Plan Check Service contractual services accounts. Any additional payments to the panel firms that exceed the originally adopted budget for these accounts shall require the approval of the City Council, regardless of whether additional funds have been transferred into these accounts pursuant to the City Council-approved budget transfers policy (City Council Policy A-15).

M. Temporary Extension of Professional or General Services Contracts to Facilitate a New Request for Proposals or Bid Process. In the event that a contract expires prior to the completion of the selection process for a successor contract, the City Manager may extend the expiring contract on a month-to-month basis until such time as the selection process is completed. In the event that the cumulative month-to-month payments will exceed $75,000.00, City Council approval is required.

N. Best Interests of the City. When the City Manager determines that an alternative procedure will be in the best interest of the City and the policies set forth in this chapter, the competitive bidding process may be waived. Competitive bidding may not be waived for public projects unless an emergency has been declared. For non-public projects exceeding $75,000.00, City Council approval is still required and the City Council must be advised that the competitive bidding process was waived and of the reasons for the waiver.

O. Community Development Block Grant (CDBG) Procurements. Implementation of procurement rules that differ from those outlined herein are permitted for contractors hired by third parties but paid by the City pursuant to CDBG grant-related agreements. For public projects, the limitations and requirements imposed by State law relative to the bidding process apply. The City Manager is authorized to implement procurement rules for all other types of procurements undertaken pursuant to CDBG grantrelated agreements.

(Ord. 2023-1107 § 1)

The disposal or sale of all real estate must be approved by the City Council. The disposal of all other assets, that include, but are not limited to, furniture, fixtures, machinery, equipment, books, and vehicles may be disposed of using the best method available but governed by either a City Council or administrative policy.

(Ord. 2023-1107 § 1)

No employee, officer, Councilmember, or agent of the City may participate in the selection, award, or administration of a contract pursuant to this chapter if he or she has a real or apparent conflict of interest. A conflict of interest would arise when the City employee, officer, Councilmember, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a material benefit from a vendor considered for a contract.

An employee, officer, Councilmember, or agent of the City shall not solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Violations of this section by employees, officers, Councilmembers, or agents or the City shall be deemed unlawful and subject to the penalties in Yorba Linda Municipal Code Section 1.12.010(A). Alleged violations of this section shall be reported and investigated pursuant to the procedures in Yorba Linda Municipal Code Section 2.44.110.

(Ord. 2023-1107 § 1)