Chapter 3.12 PURCHASES

In order to establish efficient procedures for the purchase of supplies and equipment at the 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 purchasing, a purchasing system is adopted. The procedures established in Sections 3.12.050 through 3.12.270 do not apply for the purchase of supplies and equipment for public works projects covered under Chapter 3.14. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 09-6 § 1, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.020 Repealed.

(Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93)

3.12.025 Purchasing Officer.

There is created the position of Purchasing Officer, who shall be the City Manager. The Purchasing Officer (or designee) may authorize and execute all documents relating to procurement as set forth in the City of Santa Clarita Purchasing Policy. (Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 98-15, 6/23/98; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.030 Purchasing Agent.

There is created the position of Purchasing Agent, who shall report to the Director of Administrative Services and/or his/her designee. The Purchasing Agent shall have the authority to:

A. Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the Purchasing Agent shall adopt for the internal management and operation of the purchasing function, and such other rules and regulations as shall be prescribed by the City Council or the City Manager.

B. Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment.

C. Act to procure for the City the needed quality in supplies, services, and equipment.

D. Discourage uniform bidding, and endeavor to obtain as full and open competition as possible on all purchases.

E. Through the Director of Administrative Services and the City Manager, prepare and recommend to the City Council rules governing the purchase of supplies, services, and equipment for the City.

F. Prepare and recommend revisions and amendments to the purchasing rules.

G. Keep informed of current developments in the field of purchasing, prices, market conditions and new products.

H. Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations.

I. Maintain a vendors list, vendors catalog file, and records needed for the efficient operation of the purchasing division. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 98-5, 6/23/98; Ord. 04-5 § 1, 6/8/04; Ord. 09-6 § 2, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.040 Purchasing Regulations.

The Purchasing Agent shall be responsible for determining that the regulations and procedures in Sections 3.12.050 through 3.12.330 are carried out. (Ord. 87-2, 12/15/87; Ord. 09-6 § 3, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.050 Exemptions from Centralized Purchasing.

The City Manager may authorize, in writing, any department to purchase specified supplies, services and equipment independently of the Purchasing Division; but he shall require that such purchases shall be made in conformity with the procedures established by this chapter and shall further require periodic reports from the department on the purchases made under such written authorization. (Ord. 87-2, 12/15/87; Ord. 09-6 § 4, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.060 Estimates of Requirements.

All using departments shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the Purchasing Agent shall prescribe. (Ord. 87-2, 12/15/87; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.070 Requisitions.

Using departments shall submit requests for supplies, services, and equipment to the Purchasing Agent by standard requisition form, or by other means as may be established by the purchasing rules and regulations. Except as provided herein, no requisition form shall be processed unless the prior approval of the Purchasing Agent or designee has been obtained. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 09-6 § 5, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.080 Repealed.

(Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93)

3.12.090 Encumbrance of Funds.

Except in cases of emergency, the Purchasing Agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. (Ord. 87-2, 12/15/87; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.100 Inspection and Testing.

The Purchasing Agent shall, in his discretion, inspect supplies, services, and equipment delivered to determine their conformance with the specifications set forth in the order. The Purchasing Agent shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 87-2, 12/15/87; Ord. 09-6 § 6, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.110 Bidding.

Purchases of supplies, equipment and services (other than professional) shall be by bid procedures pursuant to Sections 3.12.120 through 3.12.260. Bidding may be dispensed with only under certain conditions stated in Section 3.12.270. (Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.120 Formal (Sealed) Bid Procedures.

Except as otherwise provided herein or as set forth in the City of Santa Clarita Purchasing Policy, purchases of supplies, equipment and services (other than professional) shall be awarded to the lowest responsive, responsible bidder, or most qualified bidder if the multiple criteria award process is followed, pursuant to the formal bid procedures described in Sections 3.12.200 and 3.12.205 hereinafter prescribed. Formal bids as used in this context include any solicitation following the procedures prescribed below including, but not limited to, invitations to bid and requests for proposal. (Ord. 87-2, 12/15/87; Ord. 89-8, 3/14/89; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 04-5 § 2, 6/8/04; Ord. 04-12 § 1, 8/24/04; Ord. 07-2 § 1, 3/13/07; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.130 Notice Inviting Formal Bids.

Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secured and the time and place for opening bids. (Ord. 87-2, 12/15/87; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.140 Published Notice for Formal Bids.

Notices inviting formal bids shall be published at least ten (10) days prior to the date of opening of the bids. Notices shall be published at least twice in a newspaper of general circulation in the City and/or published on the City’s website. (Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95; Ord. 09-6 § 7, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.150 Repealed.

(Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95)

3.12.160 Repealed.

(Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93)

3.12.170 Bidder’s Security.

Where deemed necessary by the Purchasing Agent, formal bids shall be accompanied by security, either cash, cashier’s check, certified check or surety bond, in a sum equal to ten percent (10%) of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay in executing the contract. The City Council, or Purchasing Officer (or designee) for bid amounts as set forth in the City of Santa Clarita Purchasing Policy, may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise. (Ord. 87-2, 12/15/87; Ord. 89-8, 3/14/89; Ord. 09-6 § 8, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.175 Other Formal Bond Requirements.

The City Council shall have authority to require a faithful performance bond or other bonds before entering into a contract pursuant to this chapter. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids. (Ord. 87-2, 12/15/87; Ord. 89-8, 3/14/89; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.180 Formal Bid Opening Procedure.

Sealed bids shall be identified as “bids” on the envelope. The Purchasing Agent, or designee, shall publicly open all bids at the time and place stated in the public notices. Electronic bids may be conducted in accordance with procedures established by the Purchasing Agent. Such procedures shall require, at a minimum, that electronic bids will be received only into an electronic time-locked box that may only be accessed by the Purchasing Agent, or designee, on the date and time specified in the bid. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 04-5 § 3, 6/8/04; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.190 Rejection of Formal Bids.

In its discretion, the City Council or Purchasing Officer (or designee), for bid amounts as set forth in the City of Santa Clarita Purchasing Policy, may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure hereinabove prescribed. However, when incomplete bids are received, a defect in the solicitation of bidding process is identified after the bid opening, all bids exceed the authorized budgeted amount, or if the products or services are no longer required, the Purchasing Officer (or designee) may authorize rejection of all bids and, if appropriate, authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. (Ord. 87-2, 12/15/87; Ord. 07-2 § 2, 3/13/07; Ord. 09-6 § 9, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.200 Award of Formal Bid Contracts.

Except as otherwise provided herein, formal bid contracts exceeding the Purchasing Officer’s authority as provided in the City of Santa Clarita Purchasing Policy shall be awarded by the City Council as set forth in the City of Santa Clarita Purchasing Policy to the lowest responsive, responsible bidder or most qualified bidder if the multiple criteria award process is followed. Formal bid contracts below the threshold set forth in the City of Santa Clarita Purchasing Policy may be awarded by the Purchasing Officer (or designee) subject to the application of Section 3.12.205. The determination of “lowest responsive, responsible bidder” shall be at the discretion of the City Council pursuant to findings and recommendations presented by the Purchasing Officer (or designee) at the time of award of contracts. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 98-15, 6/23/98; Ord. 04-5 § 4, 6/8/04; Ord. 04-12 § 2, 8/24/04; Ord. 07-2 § 3, 3/13/07; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.205 Support of Santa Clarita Businesses.

A. Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 3.12.120, 3.12.200 and 3.12.230 not be a Santa Clarita business as defined herein, the lowest bid or quote submitted by a Santa Clarita business that is within ten percent (10%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within one (1) business day, and providing that the Purchasing Officer, or designee, determines that said Santa Clarita bidder is a responsible bidder submitting a bid or quote that is responsive to the City’s specifications, terms, and conditions and the application of this section is appropriate.

B. If the lowest Santa Clarita bidder within ten percent (10%) of the lowest bid or quote does not elect to reduce its bid or quote to match the bid or quote of the lowest bidder, then the next lowest Santa Clarita bidder shall be given the opportunity to match the bid or quote of the lowest bidder as set forth above, providing that this bidder is also within ten percent (10%) of the lowest bid or quote that has been deemed responsive.

C. To qualify as a Santa Clarita bidder, the bidder must have a physical presence within the Santa Clarita City limits by maintaining a permanent office, factory, or other facility carried on the business records with at least one (1) employee of the company operating out of said facility. The Purchasing Officer, or designee, is hereby granted the authority to finally determine if the bidder qualifies as a Santa Clarita bidder as set forth herein. The Purchasing Officer, or designee, may take into account the permanency of the business in Santa Clarita, and whether the business appears to be claiming to be a Santa Clarita business solely or primarily to qualify for the contract award, and any other material factors.

D. This support of local business policy shall only apply to supplies, material, nonprofessional services, and equipment required for the conduct of City business, except where prohibited by State or Federal law, and it shall only apply to purchases and contracts in amounts set forth in the City of Santa Clarita Purchasing Policy.

E. No contract awarded to a Santa Clarita business under this section shall be assigned or subcontracted in any manner that permits more than fifty percent (50%) or more of the dollar value of the contract to be performed by an entity that is not a Santa Clarita business as defined herein.

F. Solicitations for bids or quotes must include notice of this section. (Ord. 04-12 § 3, 8/24/04; Ord. 05-15 § 3, 9/13/05; Ord. 09-6 § 10, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.210 Tie Formal Bids.

If two (2) or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council, or Purchasing Officer (or designee) for bid amounts set forth in the City of Santa Clarita Purchasing Policy, may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. (Ord. 87-2, 12/15/87; Ord. 04-12 § 4, 8/24/04; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.215 No Formal Bids.

When no formal bids or no responsive bids are received, the Purchasing Officer or designee is authorized to negotiate for written proposal, and his recommendation shall be presented to the City Council and award, if any, shall be made in accordance with applicable provisions prescribed herein. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.230 Open Market or Quote Procedure.

Purchases of supplies, equipment, and services (other than professional) in estimated amounts set forth in the City of Santa Clarita Purchasing Policy may be made by the Purchasing Agent in the open market pursuant to the procedure prescribed in Sections 3.12.240 through 3.12.260 and without observing the procedure prescribed in Sections 3.12.120 through 3.12.215; provided, however, all quoting may be dispensed with for purchases of supplies and equipment in estimated amounts set forth in the City of Santa Clarita Purchasing Policy. Quotes as used in this context include any solicitation following the procedures described below including, but not limited to, requests for quote and requests for proposal. (Ord. 87-2, 12/15/87; Ord. 88-33, 7/28/88; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 04‑5 § 5, 6/8/04; Ord. 04-12 § 5, 8/24/04; Ord. 09-6 § 11, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.240 Minimum Number of Quotes.

Open market purchases shall, wherever possible, be based on at least three (3) quotes, and shall be awarded to the quoter offering the most advantageous quote to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors subject to the application of Section 3.12.205. (Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95; Ord. 04-12 § 6, 8/24/04; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.250 Notice Inviting Quotes.

The Purchasing Agent shall solicit quotes by written and/or electronic requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices. (Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95; Ord. 04-5 § 6, 6/8/04; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.260 Record of Quotes.

The Purchasing Agent shall keep a written record of all purchases as set forth in the City of Santa Clarita Purchasing Policy, whether accomplished by formal bid (Sections 3.12.120 through 3.12.215), quote (Sections 3.12.230 and 3.12.270), or through no bid at all (Sections 3.12.230 and 3.12.270). All records so kept shall be available for public inspection and shall be subject to destruction in accordance with the City’s retention schedule. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 04-12 § 7, 8/24/04; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.270 Exceptions to Competitive Bidding Requirement.

Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances:

A. When the estimated amount involved is less than the threshold set forth in the City of Santa Clarita Purchasing Policy.

B. When the commodity can be obtained from only one (1) vendor.

C. The City Manager and/or his/her designee may authorize the purchase of materials, supplies, equipment, and services where an emergency is deemed to exist and it is determined that service involving the public health, safety, or welfare would be interrupted if the normal procedure were followed. All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to this section shall be submitted to the City Council for ratification at the next regular Council meeting after the purchase is authorized.

D. The formal bid process is waived for the purchase of information technology goods or services which may be acquired through the quote procedures described in Sections 3.12.230 through 3.12.260.

E. Any agreement involving acquisition of supplies, equipment, or service entered into with another governmental entity.

F. Any request to waive competition for a procurement not covered by the exceptions herein must be approved by the City Council. In the event the City Council finds that it is in the public interest and necessity to purchase supplies, equipment, or services without compliance with the formal contract procedures set forth in this section, the City Council may waive such procedures by declaring so in a motion or resolution. (Ord. 87-2, 12/15/87; Ord. 88-33, 7/28/88; Ord. 90-25; 9/11/90; Ord. 93-3, 2/9/93; Ord. 95-10, 11/28/95; Ord. 04-5 § 7, 6/8/04; Ord. 04-12 § 8, 8/24/04; Ord. 05-15 §§ 1, 2, 9/13/05; Ord. 09-6 § 12, 5/26/09; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.280 Regulations Regarding Selection of Professional Services.

The City Council shall, by resolution, prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of professional or consulting services, the contracts for which may be awarded without observing the bidding procedures provided for in this chapter. Such procedures, rules and regulations shall have as one (1) purpose the obtaining of professional services of the highest quality together with cost-effectiveness. (Ord. 87-2, 12/15/87; Ord. 95-10, 11/28/95; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.300 Surplus Supplies and Equipment.

All using departments shall submit to the Purchasing Agent, at such times and in such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out. (Ord. 87-2, 12/15/87; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.310 Surplus Supplies—Trade-ins.

The Purchasing Agent shall have authority to exchange for, or trade in on, new supplies and equipment all supplies and equipment unsuitable for City use. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.320 Surplus Supplies—Sale.

The Purchasing Officer or designee shall also have authority to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his judgment, provide the maximum return to the City. (Ord. 87-2, 12/15/87; Ord. 93-3, 2/9/93; Ord. 13-6 § 3 (Exh. B), 5/28/13)

3.12.330 Surplus Supplies—Donations.

The Purchasing Officer or designee shall have authority to dispose of surplus supplies or equipment by donation to local schools or nonprofit organizations when the estimated market value of such surplus is less than the threshold amount set forth in City of Santa Clarita Purchasing Policy. (Ord. 04-5 § 8, 6/8/04; Ord. 13-6 § 3 (Exh. B), 5/28/13)