HomeMy WebLinkAboutD-2 Staff Report - Ordinance - Amended Purchasing OrdinanceSCHEDULED ITEM
D-2
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES
DATE: DECEMBER 13, 2021
SUBJECT: FIRST READING – AMENDED AND RESTATED ORDINANCE REVISING
CHAPTER 2, ARTICLE VII. – BIDDING AND CONTRACTING, AND OTHER
PURCHASES OF PROJECT, SUPPLIES, SERVICES AND EQUIPMENT
BACKGROUND:
The City's procurement ordinance (Article VII, Chapter 2 of the Azusa Municipal Code) provides
general rules and regulations for the bidding procedures of equipment, supplies and services for city
operations, and specifies levels of purchasing authority. The City’s current procurement ordinance was
adopted in 2015 and has not been updated in 6 years. To enable the most effective and efficient
procurement processes, Staff recommends revising the existing procurement ordinance. This action
approves for introduction and first reading an ordinance revising requirements for bidding, contracting
and purchases of projects, supplies, services and equipment.
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1) Waive further reading, read by title only, and introduce Ordinance No. 2021-09; and
2)Review and adopt the attached Purchasing Policies and Procedures Manual.
ANALYSIS:
In July 2016, the City of Azusa adopted a revised procurement ordinance that created better efficiencies
and authorized the City’s participation in the Uniform Public Construction Cost Accounting system
pursuant to California law (California Public Contract Code, Section 22010 et.seq.). The Construction
Cost Accounting system was created in 1983 to authorize alternative financial thresholds for public
projects. As an example, previously, all general law cities were required to formally bid public works
project costing over $1,000. Under the Construction Cost Accounting system, formal bids are required
for public works projects that exceed $200,000. The City’s adopted ordinance also established
procedures for the bidding and purchase of other services (professional, maintenance etc.) and supplies
and equipment. Staff recommends updating the City’s ordinance to be consistent with thresholds in the
Uniform Public Cost Accounting system, amongst other changes to be compliant with applicable laws.
APPROVED
CITY COUNCIL
12/13/2021
Revised Procurement Ordinance
December 13, 2021
Page 2
Proposed changes to the ordinance include the following:
Revision of Informal and Formal Bidding thresholds. Updates the Informal Bidding Threshold from
$25,000 to $60,000 and Formal Bidding Thresholds from $125,000 to $200,000. The current monetary
limits that trigger City Council approvals and more formal bidding procedures were set in 2015. Under
the current ordinance any contract whose value exceeds $25,000 must be approved by the City Council.
In addition, more formal bidding procedures are required for the purchases of services and equipment
when their value exceeds $25,000. While the monetary limits adopted were appropriate at that time,
over the past 6 years the costs of goods and services have increased and it is not uncommon for
budgeted purchases to exceed the current $25,000 approval authority of the City Manager. The low
approval authority results in delays in the procurement process to prepare appropriate staff reports for
the City Council to review and approve purchases. This process extends the time required to purchase
equipment, supplies and services and increases Council and staff time in preparing and reviewing
reports and approving purchases for items that have already been budgeted through the budget adoption
process.
The proposed ordinance updates the threshold amounts to be in line with those of the Public Contract
Code (PCC), Chapter 2, Article 3, Section 22032. It will also align the approval thresholds with the
City’s bidding thresholds already set at $60,000 and $200,000, respectively, as adopted and passed
under Ordinance No. 2021-05 on September 20, 2021.
The proposed ordinance still maintains robust internal controls and superior accountability as compared
to other cities, thus supporting higher procurement thresholds. For example, informal purchases would
still be subject to prior budget authorization and the procedures provided in the City's Purchasing
Policies and Procedures Manual for formal bid or Request for Proposal processes. In addition, the
ordinance includes a provision that requires the City Manager to report to the Council all contracts
executed by the City Manager.
Award of Inventory Contracts for Central and Electric Stores. The revised Ordinance includes the
addition of Section 2-519.C.7 for the Award of Inventory Contracts for Central and Electric Stores
which authorizes the Purchasing Agent to competitively bid and immediately purchase inventory
supplies to be stocked in Central and Electric Stores to the lowest responsive bidder. The Purchasing
Agent shall give notice to the City Council of all purchases over $60,000 at the next regular City
Council Meeting.
Due to significant increases in demand, price volatility, and long lead-times for many inventory items,
vendors are unable to hold quotes or guarantee stock for an extended amount of time. Delays in the
procurement process to prepare appropriate staff reports for the City Council to review and approve
purchases further extend the availability of critical items in stores inventory. Inventory purchases
include critical items such as Transformers for repairs to electrical customers. This will ensure that
inventory levels are maintained so that no delays are experienced when required.
Expansion of Section 2-522. Recycled Supply Products Specification. The amended ordinance adds
sections 2-522(a) through (m) to expand and further clarify the requirements of the City to meet SB
1383 regulations. Beginning January 1, 2022, SB 1383 requires cities, counties and special districts that
provide solid waste collection services to purchase recycled-content paper products that are recyclable
and procure recovered organic waste. The City has been procuring such recycled items for many years,
but has to now codify the requirement by ordinance to comply with law.
Revised Procurement Ordinance
December 13, 2021
Page 3
The proposed changes to the Purchasing Policies and Procedures Manual moved some sections
around to allow for easier reading and includes the following:
Ethics and Standards of Procurement. Revised Purchasing Polices and Procedures Manual includes the
addition of a section for Ethics and Standards of Procurement. Previously the Manual did not include
such section.
Sole Source Purchases. Revision adds reference to Azusa Municipal Code to further clarify Sole Source
Purchases. In addition, the Manual includes a new Sole Source Vendor Justification Form be used by
City Staff when requesting a Sole Source Purchase to properly document the type of purchase/service
and reasoning.
Fiscal Year End. Expands fiscal year end dates to properly ensure purchases and transactions are posted
to the correct fiscal year.
Salvage and Surplus Property. Revised Purchasing Policies and Procedures Manual includes the addition
of a Salvage and Surplus Property. Previously the Manual did not include such section.
FISCAL IMPACT:
There is no direct fiscal impact associated with the recommended actions. Staff expects recommended
changes to the procurement ordinance will increase efficiencies in the procurement process and reduce
staff time required to process city purchases for equipment, supplies and services.
Prepared by: Reviewed and Approved:
Adriana Garcia Talika M. Johnson
Purchasing Agent Director of Administrative Services
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachments:
1. Ordinance No. 2021-09
2. Purchasing Policies and Procedures Manual
ORDINANCE NO. 2021-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA AMENDING AND RESTATING ARTICLE VII,
CHAPTER 2 OF THE AZUSA MUNICIPAL CODE
RELATING TO BIDDING, CONTRACTING AND
PURCHASES OF PROJECTS, SUPPLIES, SERVICES AND
EQUIPMENT
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1: Article VII, Chapter 2 of the Azusa Municipal Code is hereby deleted in
its entirety and restated to read as follows:
“ARTICLE VII. - BIDDING AND CONTRACTING, AND OTHER PURCHASES OF
PROJECTS, SUPPLIES, SERVICES AND EQUIPMENT
Sec. 2-511. - Purpose.
Sec. 2-512. - Definitions.
Sec. 2-513. – Purchasing Agent—Powers and duties.
Sec. 2-514. - City Council authorizes City Manager to implement administrative
regulations; sign purchase orders, contracts and agreements.
Sec. 2-515. - Purchase orders.
Sec. 2-516. - Encumbrance of funds.
Sec. 2-517. - Solicitation and bidding exceptions.
Sec. 2-518. - Contracts.
Sec. 2-519. - Bidding procedures.
Sec. 2-520. - Special equipment/supplies; sole source purchases.
Sec. 2-521. - Cooperative, piggyback and multiple awarded bid purchasing with other
agencies.
Sec. 2-522. - Recycled supply products specification.
Sec. 2-523. - Emergencies.
Sec. 2-524. - Local preference.
Sec. 2-525. - Staging of purchases prohibited.
Sec. 2-526. - Inspection and tests.
Sec. 2-527. - General services.
Sec. 2-528. – Uniform construction cost accounting procedures for public projects.
Sec. 2-529. – Bidding procedures for various public project amounts.
Sec. 2-530. – Adoption of plans.
Sec. 2-531. – Negotiated contract or purchase order procedures.
Sec. 2-532. – Informal bidding procedures.
Sec. 2-533. – Formal bidding procedures.
Sec. 2-534. – Rejection of bids.
Sec. 2-535. – Emergencies; procedure.
Sec. 2-536. – Staging of public works contracts.
Sec. 2-537. – Bid protests.
Attachment 1
Ordinance No. 2021-XX
Page 2 of 31
Sec. 2-538. – Award of professional, management, general or special services contracts
based upon competence.
Sec. 2-539. – Waiving of purchasing procedures.
Sec. 2-540. – Design Build Authority.
Sec. 2-511. Purpose.
The purpose of this article is to establish efficient procedures for the purchase of supplies,
general services, professional services and equipment, and establish procedures for bidding and
contracting of public works projects consistent with state law. These procedures shall be interpreted
to not be overly time consuming and cumbersome, while allowing the City to obtain the best
services, and acquire quality supplies and equipment in an overall economic manner at the lowest
reasonable cost. The purpose of this article is to emulate best practices in municipal purchasing
procedures.
Sec. 2-512. Definitions.
(a) Bidder's List shall mean a list of responsible prospective vendors capable of providing
the services or items being bid upon.
(b) Cooperative Bid is when several government agencies join together to create one bid
document combining all agencies product volume for consideration of the bidder in determining the
unit cost.
(c) Emergency for purposes of public projects shall have that meaning provided in
California Public Contract Code Sections 22035 and 22050.
(d) Equipment shall mean furnishings, machinery, vehicles, rolling stock, and other
personal property used by the City in its operations.
(e) General Services are services which do not require any unique skill, special
background or training. Obtaining such services at the lowest cost should be the single most
important factor in selection. Other factors may include personal performance and experience.
Examples of general services include uniform cleaning and maintenance services.
(f) Local vendor shall mean a firm or individual who for at least twelve consecutive
months has regularly maintained a place of business in, or maintained an inventory of merchandise
for sale in, and who pays appropriate business permit/license fees to, the city.
(g) Maintenance Work shall have that meaning provided in Section 22002(d) of the
Public Contract Code, as that Section may be amended from time to time, and shall include, but shall
not be limited to, all of the following:
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(1) Routine, recurring, and usual work for the cleaning, preservation, or protection
of any publicly owned or publicly operated facility for its intended purposes.
(2) Minor repainting.
(3) Resurfacing of streets and highways at less than one (1") inch.
(4) Landscape maintenance, including mowing, watering, trimming, pruning,
planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5) Work performed to keep, operate, and maintain publicly owned water, power,
or waste disposal systems including, but not limited to, dams, reservoirs, power plants, and electrical
transmission lines of two hundred thirty thousand (230,000) volts and higher.
(h) Multiple Awarded Bid. When a bid is awarded to more than one vendor for the same
or similar products or service. A multiple awarded bid schedule or description is usually developed
and provides information of product type/brand, service and vendor needed to provide the product or
service.
(i) Piggyback. Use of another public agency's existing contracting and/or bidding
procedures to purchase the same product(s) as outlined in the awarding bid document.
(j) Professional, Management, or Special Services shall mean any work performed by an
artist, attorney, doctor, architect, engineer, environmental consultant, land surveyor, construction
manager, appraiser, expert, accounting firm, consultant or those services such as computer services,
and transportation/transit operator services. Factors for determining whether professional,
management, or special services are needed include but, are not limited to, services which require
special performance criteria, specific experience and training, professional judgment, licensing,
qualified expertise in a specific area of work, or other unique factors other than simply obtaining the
service at the lowest cost to the City. Professional Management, and Special Services are not subject
to the informal, formal or competitive bidding requirements of this article and may be procured
through negotiated contract or Requests for Qualification and/or Proposal process as described in this
article.
(k) Public Works or Public Projects shall have that meaning provided in Section
22002(c) of the Public Contract Code, as that section may be amended from time to time. In this
light, public works shall not include maintenance work. Public works shall include, but shall not be
limited to, all of the following:
(1) Construction, reconstruction, erection, alteration, renovation, improvement,
demolition, and repair work involving any publicly owned, leased, or operated facility.
(2) Painting or repainting of any publicly owned, leased, or operated facility.
(3) In the case of a publicly owned utility system, "public project" shall include
Ordinance No. 2021-XX
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only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and
electrical transmission lines of 230,000 volts and higher.
(l) Purchase shall include the renting, leasing, purchasing, licensing, or a trade of
equipment or supplies.
(m) Purchasing Agent for the purposes of this article, shall be the Administrative Service
Director or his/her designee and is responsible for managing the decentralized purchasing program.
(n) Purchasing Officer for the purposes of this article, shall be the City Manager or
his/her designated representative.
(o) Special Equipment/Supplies shall mean unique supplies, machinery, computers, or
other equipment which are not generally and regularly ordered in bulk by the City and which must
perform complex tasks, or integrate efficiently with existing equipment or supplies.
(p) Supplies shall mean office supplies, janitorial supplies, materials, goods, tools, or
other commodities used in the general conduct of the City's business, excepting supplies or materials
for a public work which is regulated under the California Public Contract Code Sections 20160, et
seq.
(q) Uniform Construction Cost Accounting Procedures shall mean those procedures and
rules established by the State Uniform Construction Cost Accounting Commission pursuant to
Section 22010, et seq. of the California Public Contract Code or as amended.
(r) Urgency shall exist when the service, repair, or replacements are immediately
necessary to permit the continued performance of the operations or services of the City, or to
avoid the immediate danger to life, health, or property.
Sec. 2-513. Purchasing Agent - Powers and duties.
The duties of the Purchasing Agent may be combined with those duties of any other officer or
position in the City. The Purchasing Agent shall have the authority to:
(a) Purchase or contract for needed City supplies, general services, equipment, and
special equipment/supplies which are not included within a construction contract or proposed
specifications for a construction contract of a public work being administered by any other City
department;
(b) Investigate, keep knowledgeable about, negotiate, and recommend on the execution of
contracts or the purchasing of supplies, general services, and equipment pursuant to the procedures
of this chapter, and such administrative rules and regulations as prescribed by the City Manager;
(c) Keep informed of current developments concerning purchasing, prices, market
conditions, and new products;
Ordinance No. 2021-XX
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(d) Prescribe and maintain such forms as necessary for the proper operation of this
purchasing system;
(e) Assist, to the extent needed, with the supervision and inspection of all supplies,
general services, and equipment purchased under this article to assure conformance with City
specifications;
(f) Supervise the transfer of surplus and unused supplies and equipment for sale or
disposal of such;
(g) Maintain up-to-date bidder's list, vendors' catalogs, files, and such other records as
needed to perform these duties;
(h) Ensure that purchasing specifications are written to encourage full competition;
(i) Perform such other tasks as may be necessary for the proper conduct of purchasing of
supplies, services, construction services, and equipment.
Sec. 2-514. City Council authorizes City Manager to implement administrative
regulations; sign purchase orders, contracts and agreements.
The City Council hereby authorizes the City Manager to establish and maintain written
administrative regulations and standards consistent with this article, which incorporate and
implement the City's purchasing and contracting procedures, including an implementation of the
purpose, goals and requirements of this article.
In accordance with California Government Code, Section 40602, the mayor shall execute all
contracts on behalf of the City, unless another city officer or employee is authorized to do so. In
addition to the Mayor, the City Manager is hereby authorized to execute purchase orders, contracts
and agreements on behalf of the city when authorized by this article or authorized by the City
Council by minute action or resolution.
Sec. 2-515. Purchase orders.
(a) Except for departmental purchases as authorized by his article, purchases of supplies,
services, and special equipment/supplies in an amount under Five Thousand and no/100ths
($5,000.00) Dollars may be made by purchase order issued by the Purchasing Agent.
(b) The purpose of a Purchase Order is to ensure compliance with this article. The
Purchasing Policies and Procedures Manual may authorize additional exemptions from the Purchase
Order requirements if the procurement does not fall within the descriptions contained within this
article. Examples of such exemptions include: acquiring land or books, payments that are not for the
actual purchase of services, goods or supplies, or payments of debt services.
Ordinance No. 2021-XX
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Sec. 2-516. Encumbrance of funds.
Except in cases of emergency as described in this article, the Purchasing Agent shall not issue
any Purchase Order, for purchase of supplies, services or equipment unless there exists an
unencumbered appropriation in the fund account against which such purchase is to be charged or the
City Council has authorized said purchase.
Sec. 2-517. Solicitation and bidding exceptions.
(a) The competitive bid and RFP processes identified in this article are not applicable to
certain purchases. The following are exempt from bid processes of this article:
(1) Department purchases, as defined in this article;
(2) Travel/expense advances as authorized by the City’s travel policy;
(3) Subscriptions;
(4) Trade circulars or books;
(5) Insurance premiums;
(6) Insurance payments;
(7) Reimbursement of expenses;
(8) Petty cash reimbursement;
(9) Medical payments;
(10) Newspaper advertisements and notices;
(11) Dues to approved organizations;
(12) Payments to other government units;
(13) Utility service payments, utility connection and/or installation charges;
(14) Attorney services;
(15) Franchise services, including solid waste and towing services;
(16) Postage, courier/delivery messenger services;
(17) Land purchases;
(18) Buildings purchases and leases;
(19) Debt service payments;
(20) Grants payment matches;
(21) Claim settlements;
(22) Specialized computer software and hardware;
(23) Buses and bus support equipment;
(24) Chemicals for City operations (i.e., pool maintenance, water treatment)
(25) Electric motor controls;
(26) Fiber optics;
(27) Water fittings;
(28) Fire hydrants;
(29) Pipe and pipe fittings;
(30) Power generation materials and equipment;
(31) Pumps, regulators, relaying and protective devices;
(32) Road and backfill material;
Ordinance No. 2021-XX
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(33) SCADA equipment;
(34) Substation supervisory equipment;
(35) Treatment equipment;
(36) Valves and operators
(37) Electric Transformers, Primary & Secondary Copper Cable, Electric Switches &
Controllers;
(38) Computers, computer components and maintenance services.
Notwithstanding the exemption from bidding contained in this section, all monetary
thresholds for the award of contract contained in this article shall still apply.
Sec. 2-518. Contracts.
(a) All written contracts shall be approved by City Attorney as to form. Contracts shall be
prepared for professional, management, general or special services, and construction projects in
amounts of Five Thousand and no/100ths ($5,000.00) Dollars and over. Contracts for an amount of
Sixty Thousand and no/100ths ($60,000.00) Dollars and less shall be approved/awarded by the
Purchasing officer, following any required selection process outlined in this article. Contracts with a
dollar amount exceeding Sixty Thousand and no/100ths ($60,000.00) which were previously
approved by council in the annual budget or Twenty-Five Thousand and no/100ths ($25,000.00)
Dollars if not included within budget shall be approved/awarded by City Council following a
selection process outlined in this article.
(b) Contract Amendments. The Purchasing officer is authorized to issue Contract
Amendments as follows:
(1) If the contract was originally executed for an amount of Sixty Thousand and
no/100ths ($60,000.00) Dollars or less, the Purchasing officer shall have the authority to issue
Contract Amendments, provided that the sum of all amendments, plus original contract amount, shall
not exceed Sixty Thousand and no/100ths ($60,000.00) Dollars. If the amended contract will exceed
Sixty Thousand and no/100ths ($60,000.00) Dollars, the City Council shall approve the contract
amendment.
(2) For a contract originally executed for an amount in excess of Sixty Thousand
and no/100ths ($60,000.00) which were previously approved by council in the annual budget or
Twenty-Five Thousand and no/100ths ($25,000.00) Dollars if not included within budget and
originally approved by City Council, the Purchasing officer shall have authority to issue contract
amendments, provided that the sum of all contract amendments for any single contract shall not
exceed the limit approved by City Council. If the amended contract will exceed the limit previously
approved by City Council, the contract amendment must be approved by the City Council.
(c) Master Professional Services Contracts. For those Professional Services as defined in
Government Code Section 4526 (and as otherwise amended or exempt by this article), master multi-
year contracts with several consultants with a general scope of work for on-call services may be set
up for a total not- to-exceed dollar amount as approved by City Council.
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(1) A formal Request for Qualification process shall be used in accordance with
this article and awarded based on qualifications.
(2) Task Orders shall be issued pursuant to the Master Contract with a specific
scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects for Sixty Thousand and no/100ths ($60000.00) Dollars or less.
(3) Any Task Order in an amount exceeding Sixty Thousand and no/100ths
($60,000.00) Dollars will require City Council's approval as pursuant to the terms of the Master
Contract.
(4) Task Orders shall not be issued for an amount exceeding Two Hundred
Thousand and no/100ths ($200,000.00) Dollars. An individual Request for Qualification process and
a new contract awarded by the City Council shall be required.
(d) Master General Services Contracts. A Bid or a Request for Proposal/Qualification
process may be used to procure General Services and may be awarded based on qualifications
plus reasonableness of cost.
(e) Public Works Contracts shall be required for public works in an amount of Five
Thousand and no/100ths ($5,000.00) Dollars and over. The City Manager may award and execute
contracts for individual projects in an amount of Two Hundred Thousand and no/100ths
($200,000.00) Dollars or less. The City Manager may award and execute contracts for individual
projects paid for with enterprise funds (electric, water, wastewater in an amount of Two Hundred
Thousand and no/100ths ($200,000.00). Individual projects in an amount exceeding Two Hundred
Thousand and no/100ths ($200,000.00) Dollars shall be approved by City Council. Individual
projects paid for with enterprise funds in an amount exceeding Two Hundred Thousand and
no/100ths ($200,000.00) Dollars shall be approved by Utility Board.
(f) Change Orders. A Change Order shall be used to modify the contract documents
regarding contract price, schedule of payments, completion date, plans and specifications, expanding
scope of work due to change in conditions, and for unit price overruns and under runs, as specified in
the Contract. The work description and justification should relate to the original project and should
be necessary to achieve original scope of project. Additional tasks unrelated to the original contract
shall not be permitted. For authorized change orders, the Purchasing officer is authorized to issue
Change Orders up to the contract contingency amount approved by the City Council for the
individual contract as follows:
(1) Contracts in the amount over Sixty Thousand and no/100ths ($60,000.00)
Dollars to an amount of Two Hundred Thousand and no/100ths ($200,000.00) Dollars or less,
subject to the following:
(i) The Purchasing Officer may approve Change Orders until the contract
amount reaches Two Hundred Thousand and no/100ths ($200,000.00) Dollars
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(ii) Once the original contract plus all accumulated Change Orders reaches
an amount that is equal to Two Hundred Thousand and no/100ths ($200,000.00) Dollars, subsequent
Change Orders must be approved by City Council prior to commencing the work.
(iii) Any single Change Order exceeding Sixty Thousand and no/100ths
($60,000.00) Dollars must be approved by City Council prior to commencing with the work. In
emergency situations where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs, the Purchasing officer may approve such a Change
Order and shall give notice to City Council at the next regular City Council meeting.
(2) Contracts in an amount exceeding Two Hundred Thousand and no/100ths
($200,000.00) Dollars, subject to the following:
(i) The Purchasing officer may approve accumulative Project Change
Orders up to the contingency established and approved by City Council for each individual contract.
(ii) Any single Change Order exceeding Sixty Thousand and no/100ths
($60,000.00) Dollars must be approved by City Council prior to commencing with the work. In
emergency situations where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs, the Purchasing officer may approve such Change Order
and shall give notice to the City Council at the next regular City Council meeting.
(g) Master Maintenance Service Contracts.
(1) A Request for Qualification process shall be used for Master Maintenance
Service Contracts. The purpose of a Master Maintenance Service Contract is to award discrete small
projects with several vendors which do not exceed Sixty Thousand and no/100ths ($60,000.00)
Dollars per task order.
(2) Master Single or Multi-year Contracts may be set up with several vendors, and
will include a general scope of work and will establish an annual not-to-exceed dollar amount as
approved by City Council.
(3) Task Orders shall be issued pursuant to the Master Contract with a specific
scope of work and the Purchasing officer shall have authority to execute such Task Order for
individual projects in an amount of Sixty Thousand and no/100ths ($60,000.00) Dollars or less.
Sec. 2-519. Bidding procedures.
Except as authorized in this article, or in the case of emergencies as described in this article,
the purchase of supplies, equipment and special equipment/supplies, not included in the construction
contract or bid specification for a public works project, shall be made as follows:
(a) Department Purchases. A department may purchase specified and limited supplies,
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and equipment, special equipment/supplies independently of the Purchasing Agent of a value less
than Five Thousand and no/100ths ($5,000.00) Dollars, provided such department keeps a record of
such purchases and exercises reasonable prudence in seeking price quotes when purchasing such
items. All such purchases shall be made with funds in an unencumbered appropriation.
(b) Direct Purchase Order. The purchase of supplies, equipment, or special
equipment/supplies with the estimated value of Five Thousand and no/100ths ($5,000.00) Dollars
but not more than Sixty Thousand and no/100ths ($60,000.00) Dollars which were previously
approved by council in the annual budget or Twenty-Five Thousand and no/100ths ($25,000.00)
Dollars if not included within budget shall be made by written bidding procedure as follows:
(1) The responsible department shall prepare a written product specification
describing the minimum requirements of the purchase.
(2) The department shall endeavor to obtain at least three written quotes to the
informal request for bid.
(3) Written responses may be made by mail, fax, or e-mail directly to the
department representative requesting the item. Further negotiation with a vendor to negotiate a lower
price based on the bid responses received from other vendors is prohibited. A written record and
tabulation shall be made at that time the bid response is received and opened. All written responses
must be retained by the department for three years.
(4) Bid evaluation procedures. All bids shall be analyzed by the department for
compliance with bid specifications, and the department shall prepare an analysis of the bid process.
a. Award will go to the lowest responsive/responsible bidder.
b. Quality, quantity, and service being equal, a local preference of five
(5%) percent shall be given to local vendors located within the City of
Azusa.
c. If the Department Head determines that all the bids received are
unacceptably high, or specifications were unclear, the department
may reject any bids received and the item may be rebid.
(5) No bids received. In the event no bids are received, the Department Head
requesting the purchase shall have the option of any of the following:
a. Abandoning the purchase;
b. Rebidding the purchase; or
c. Requesting Purchasing Officer approval to obtain the item, supply, service,
or equipment on a direct negotiated contract.
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(6) The department shall prepare a written recommendation to the Purchasing
Officer for award or rejection of bids.
(7) Award. The Purchasing Officer shall reject all bids or award the purchase
contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose
intended according to criteria designated in the bid and the contract award amount is within the
unencumbered appropriation for that item. Purchasing Officer may waive any minor bid irregularities
and shall award informal bids up to Sixty Thousand and no/100ths ($60,000.00) Dollars.
(c) Formal Bid Procedures. For supplies, equipment, or special equipment/supplies with
an estimated value in an amount exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars
purchases shall be made in accordance with the following formal written procedures:
(1) Published Notices. A notice inviting bids shall be published at least fourteen
(14) calendar days before the date of the opening of bids. The notice shall be published at least once
in a newspaper of general circulation printed and published in the City, and in appropriate trade
publications, if any, circulated within the general area and posted on the City's website. Such other
notice as the Purchasing Agent deems appropriate shall be made.
a. Notices inviting bids. Notices inviting bids shall include a general description
of the goods, articles, services, or equipment to be purchased or required,
state where bid blanks and specifications may be secured, describe any
performance or bid security required, and the time and place for the opening
of bids;
b. Bidder's List. The Purchasing Agent shall maintain a list of responsible
bidders for various categories of supplies or equipment. A notice of the
solicitation for a bid shall be sent to all responsible prospective contractors or
suppliers whose names are on the bidder's list for the category or equipment,
supplies or general services subject to the bid request or posted on the City's
website and distributed through mass e-mail notifications; and
c. Bulletin Board. The bid invitation shall be posted on a public bulletin board
in the City Hall complex.
(2) Bidder's Security/Failure to Sign Contract. If the City requires a bidder's bond
or other form of security, the bidder's security shall be prescribed in the notice inviting bids in an
amount equal to ten (10%) percent of the amount bid. Bidder's security shall be either a cash deposit
with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful
bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award.
However, the lowest responsive and responsible bidder shall forfeit all or part of his/her bid security,
as may be determined by the City Council, upon the bidder's refusal or failure to execute the contract
within fourteen (14) days after the date of the award of the contract. On the refusal or failure of the
lowest responsive and responsible bidder to execute the contract, the City Council may award the
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contract to the next lowest responsive and responsible bidder.
(3) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk’s
office and shall be identified as to bidder, project, and "Bid" on the envelope. Bids shall be opened
by City staff in public at the time and place stated in the notice inviting bids. A written record and
tabulation shall be made at the time of all bids received.
(4) Bid Evaluation Procedures. With respect to those bids relating to the
purchase of items subject to state sales, tax, the term "lowest responsible bidder" is deemed to
include a local preference of five (5%) percent but not more than Five Thousand and no/100ths
($5,000.00) Dollars shall be given to local vendors located within the City of Azusa. The City shall
also consider the cost to the city to pick up supplies and equipment at some distance from the City, to
obtain parts and supplies and to transport such items for repair and maintenance in the computations
used to award contracts. All bids shall be analyzed by the Purchasing Agent and the department for
compliance with bid specifications. The department shall prepare a recommendation for award or
rejection to the City Council.
(5) Rejection of Bids. If the City Council determines that bids are excessively high
or that specifications were unclear, or if no bids are received, the City Council may reject all bids
presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or
negotiate a contract to complete the purchase.
(6) Award of Contracts. Contracts shall be awarded by the City Council to the
lowest responsive and responsible bidder whose bid fulfills the purpose intended according to the
criteria designated in the solicitation, and provided the award amount is within the unencumbered
appropriation for that item. The City Council may waive any minor bid irregularities.
(7) Award of Inventory Contracts for Central and Electric Stores. Purchase orders
shall be awarded by the Purchasing Agent to the lowest responsive and responsible bidder whose bid
fulfills the purpose intended. The Purchasing Agent shall give notice to the City Council at the next
regular City Council Meeting for any purchases in an amount exceeding Sixty Thousand and
no/100ths ($60,000.00) Dollars.
(8) Tie Bids. If two (2) or more 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 re-
advertising for bids, the City Council may accept either bid or accept the lowest bid made by
negotiation with the tied bidders.
(9) Performance Bonds. The City may require a performance bond in such
amount as it shall find reasonably necessary to protect the public interest. If the City requires a
performance bond, the form and amount of the bond shall be described in the notice inviting bids.
Sec. 2-520. Special equipment/supplies; sole source purchases.
(a) Special Equipment/Supplies. In purchasing any special equipment or supplies needed
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to be compatible with existing equipment, or to perform complex or unique functions, the Purchasing
Agent and Department Head in consultation with one another may:
(1) Limit bidding to a specific product type, or a brand name product; or
(2) Utilize a request for proposal approach where warranties, service and/or
maintenance obligations, and product performance will be evaluated in addition to the price of the
product. The award of the contract should be to the proposer staff deems is in the best public interest.
(b) Sole Source Purchases. Unique commodities or services that can be obtained from
only one vendor, or one distributor authorized to sell in this area, with singular characteristics or
performance capabilities or which have specific compatibility components with existing City
products are exempt from the competitive bidding requirements and are deemed sole source
purchases. Sole source purchases may also include proprietary items sold direct from the
manufacturer.
(1) All sole source purchases shall be supported by written documentation
indicating the facts and nature supporting the determination of a sole source, signed by the
Department Head and forwarded to the Purchasing Officer. The Purchasing Officer shall approve
sole source acquisitions in an amount of Sixty Thousand and no/100ths ($60,000.00) Dollars or less
which were previously approved by council in the annual budget or Twenty-Five Thousand and
no/100ths ($25,000.00) Dollars if not included within budget.
(2) Approval of any sole source acquisition shall be obtained from City Council
for an award of a contract for an amount exceeding Sixty Thousand and no/100ths ($60,000.00)
Dollars or less which were previously approved by council in the annual budget or Twenty-Five
Thousand and no/100ths ($25,000.00) Dollars if not included within budget.
Sec. 2-521. Cooperative, piggyback and multiple awarded bid purchasing with
other agencies.
(a) Cooperative and Piggyback Purchasing. The bidding requirements of this article shall
not apply to purchasing of any equipment or supplies which the Purchasing Agent determines to be
in the best interest of the City obtained through a cooperative competitive bidding procedure or a
“piggyback” contract prepared by and processed through another local, state, or federal governmental
agency or joint powers authority made up of government agencies, including but not limited to the
California Multiple Award Schedules (CMAS), California Communities, US Communities, General
Services Administration (GSA) or Government Wide Acquisition Contracts (GWAC). The dollar
limits shall be pursuant to the cooperative or piggyback contract awarded by the other agency or
schedules approved by the cooperative entity.
(b) Multiple Awarded Bids. If the Purchasing Agent determines it to be in the City's best
interest, the Purchasing Agent is authorized to use federal, state, or other governmental agency
multiple awarded contracts. Staff must obtain quotes from at least three vendors on the awarded
contract list and award the bid to the lowest responsive and responsible bidder.
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Sec. 2-522. Recycled supply products specification.
(a) If in procuring supplies, a recycled product can achieve the necessary City
performance standard, and if such recycled product is readily available, specifications should, if
economically feasible, require products made with recycled materials be bid. If the Department Head
determines that (1) a recycled product lacks performance capabilities or needed quality levels, or (2)
a sufficient amount of said recycled or reusable product is not currently available in the market, then
a reduced percentage can be required, or the supply specification can be limited to non-recycled or
virgin materials. When recycled products are required, reasonable efforts shall be made to label the
products as containing recycled materials. As used in this section, recycled products does not mean
used products, but is limited to new products made with materials which have been recycled.
(b) Recycled-Content Paper Procurement. If fitness and quality of Recycled-Content
Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled
items, all departments and divisions of the City shall purchase Recycled-Content Paper Products and
Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber
weight, postconsumer fiber, whenever available at the same or lesser total cost than non-recycled
items, consistent with the requirements of the Public Contract Code, Sections 22150 through 22154
and Sections 12200 and 12209, as amended.
(c) All Paper Products and Printing and Writing Paper shall be eligible to be labeled with
an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section
260.12(2013).
(d) Provide records to the Recordkeeping Designee of all Paper Products and Printing and
Writing Paper purchases quarterly (both recycled-content and non-recycled content, if any is
purchased) made by a division or department or employee of the City. Records shall include a copy
of the invoice or other documentation of purchase, written certifications as required, vendor name,
purchased quantity, date purchased, and recycled content, and if non-Recycled-Content Paper
products and/or non-Recycled-Content Printing and Writing paper are provided, include a
description of why Recycled Content were not provided.
(e) All Vendors that provide Paper Products (including Janitorial Paper Products) and
Printing and Writing Paper the city shall:
1. Provide Recycled-Content Paper Products and Recycled-Content Printing and
Writing Paper that Consists of at least thirty percent (30%), by fiber weight,
postconsumer fiber, if fitness and quality are equal to that of non-recycled item.
2. Only provide Paper Products and Printing and Writing Papers that meet Federal
Trade Commission Recyclability standard ad defined in Title 16 Code of Federal
Regulations Section 260.12(2013).
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3. Certify in writing, under penalty of perjury, the minimum percentage of
postconsumer material in the Paper Products and Printing and Writing paper offered
or sold to the City. This certification requirement may be waived if the percentage of
postconsumer material in the Paper Products, Printing and Writing Paper, or both can
be verified by a product label, catalog, invoice or a manufacturer of vendor internet
website.
4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and
Writing paper offered or sold to the City is eligible to be labeled with an unqualified
recyclable label ad defined in Title 16 Code of Federal Regulations Section
260.12(2013.)
5. Provide records to the Recordkeeping Designee of all Paper Products and Printing
and Writing Paper purchased from the vendor on a schedule to be determined by
Recordkeeping (both recycled-content and non-recycled content, if any is purchased)
made by a division or department or employee of the City. Records shall include a
copy of the invoice or other documentation of purchase, written certifications as
required in Section 2-522 (e) 3-4 for recycled-content purchases, purchaser name,
quantity purchased, date purchased, and recycled content (including products that
contain none), and if non-Recycled-Content Paper Products and/or non- Recycled-
Content Printing and Writing Paper are provided, include a description of why
Recycled-Content Paper Products and/or Recycled-Content Printing and Writing
Paper were not provided.
(f) All vendors providing printing services to the City via a printing contract or written
agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber
weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.
(g) Recovered Organic Waste Product Procurement. Procurement Target. City will
annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or
exceeds its Annual Recovered Organic Waste Product Procurement Target through the
implementation of Sections 3 through 5 of this Policy.
(h) To be eligible to meet the Annual Recovered Organic Waste Product Procurement
Target, products that may be procured include the following (provided that each product meets the
criteria included in their respective definition):
1. SB 1383 eligible Compost
2. SB 1383 Eligible Mulch
3. Renewable Gas (in the form of transportation fuel, electricity, or heat)
4. Electricity Procured from Biomass Conversion
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(i) Compost and SB 1383 Eligible Mulch procurement. Divisions and departments
responsible for landscaping maintenance, renovation, or construction shall:
1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste,
as defined, for landscaping maintenance, renovation, or construction, as practicable,
whenever available, and capable of meeting quality standards and criteria specified.
SB 1383 Eligible Mulch used for land application must meet or exceed the physical
contamination, maximum metal concentration and pathogen density standards
specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. When City uses Compost and SB 1383 Eligible Mulch and the applications are
subject to the City’s Water Efficient Landscaping Ordinance (WELO), comply with
one of the following, whichever is more stringent, (i) the City’s WELO, if more
stringent than the State’s Model Water Efficient Landscape Ordinance (MWELO), or
(ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s Model Water Efficient
Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended
September 15, 2015, which requires the submittal of a landscape design plan with a
“Soil Preparation, Mulch, and Amendments Section.”
3. Keep records, including invoices or proof of Recovered Organic Waste Product
procurement (either through purchase or acquisition), and submit records to the
Recordkeeping Designee, upon completion of project.
Records shall include:
a. General procurement records, including:
(i) General description of how and where the product was used
and applied, if applicable;
(ii) Source of product, including name, physical location, and
contact information for each entity, operation, or facility from whom
the Recovered Organic Waste Products were procured;
(iii) Type of product;
(iv) Quantity of each product; and,
(v) Invoice or other record demonstrating purchase or
procurement.
b. For Compost and SB 1383 Eligible Mulch provided to residents through
giveaway events or other types of distribution methods, keep records of the
Compost and SB 1383 Eligible Mulch provided to residents. Records shall be
maintained and submitted to the Recordkeeping Designee in accordance with
the requirements specified below.
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c. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the
ordinance or enforceable mechanism(s) requiring that the mulch procured by
the City or Direct Service Provider meets the land application standards
specified in 14 CCR Section 18993.1, as it may be amended from time to
time.
4. When Procurement of Recovered Organic Waste Products occurs through a Direct
Service Provider, enter into a written contract or agreement or execute a purchase
order with enforceable provisions that includes: (i) definitions and specifications for
SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from
Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination,
liquidated damages) in the event the Direct Service Provider is not compliant with
the requirements.
(j) Renewable Gas procurement (used for fuel for transportation, electricity, or heating
applications). For Renewable Gas procurement, the City shall:
1. Procure Renewable Gas made from recovered Organic Waste for transportation fuel,
electricity, and heating applications to the degree that it is appropriate and available
for the City and to help meet the Annual Recovered Organic Waste Product
Procurement Target, which requires compliance with criteria specified in 14 CCR
Section 18993.1.
2. Keep records in the same manner indicated below for the amount of Renewable Gas
procured and used by the City, including the general procurement record information
specified in Section below, and submit records to the Recordkeeping Designee on a
schedule to be determined by a Recordkeeping Designee
(k) Requirement for Direct Service Providers. Direct Service Providers of
landscaping maintenance, renovation, and construction shall:
1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered
Organic Waste, as defined, for all landscaping renovations, construction, or
maintenance performed for the City, whenever available, and capable of meeting
quality standards and criteria specified. SB 1383 Eligible Mulch used for land
application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must
meet or exceed the physical contamination, maximum metal concentration and
pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1)
through (3).
2. If Direct Service Provider is subject to the City’s MWELO, comply with one of the
following, whichever is more stringent: (i) the locally-adopted WELO that is more
stringent than the State’s MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G)
of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended
September 15, 2015, which requires the submittal of a landscape design plan with a
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“Soil Preparation, Mulch, and Amendments Section.”
3. Keep and provide records of Procurement of Recovered Organic Waste Products
(either through purchase or acquisition) to Recordkeeping Designee, upon
completion of projects. Information to be provided shall include:
a. General description of how and where the product was used and if applicable,
applied;
b. Source of product, including name, physical location, and contact information
for each entity, operation, or facility from whom the Recovered Organic
Waste Products were procured;
c. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.
(l) Direct Service Provider of Organic Waste collection services shall:
1. Provide a specified quantity of Compost or SB 1383 Eligible Mulch to City and its
customers via periodic “giveaways” as specified in a franchise agreement or other
agreement.
2. Keep and provide records to the City including the following:
a. Dates provided
b. Source of product including name, physical location and contact information
for each entity, operation or facility from whom the Recovered Organic
Waste Products were procured;
c. Type of product;
d. Quantity provided; and,
e. Invoice or other record or documentation demonstrating purchase,
procurement, or transfer of material to giveaway location.
(m) Renewable Gas procurement by Direct Service Providers
1. Direct Service Providers transporting solid waste, organic materials, and/or
recyclable materials shall procure their fuel as Renewable Gas according to the
provisions of the franchise agreement between the City and Franchise Hauler.
2. If Renewable Gas made from recovered Organic Waste is used by Direct Service
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Providers, Direct Service Providers shall submit information listed in Section 2-
522.(l).2.a-e on a schedule to be determined by City, but not less than annually to the
Recordkeeping Designee.
3. Renewable Gas used by Direct Service Providers under Sections above shall comply
with criteria specified in 14 CCR Section 18993.1.
Sec. 2-523. Emergencies.
The bidding procedures of this article may be dispensed with in the case of emergency. An
emergency shall exist when the service, repair, or replacements are immediately necessary to permit
the continued performance of essential operations or services of the City, or result in excessive costs
if not immediately remedied, or to avoid the immediate danger to life, health, or property. The City
Council delegates authority to the City Manager to declare such procurement emergency. If the
purchase is Sixty Thousand and no/100ths ($60,000.00) Dollars and over, the City Manager shall
give notice of the purchase process to the City Council.
Sec. 2-524. Local preference.
(a) To promote economic development and maintain a healthy economic base in the City
of Azusa, as well as encourage businesses to move into the City's jurisdiction, the City supports
employment and local business opportunities which in turn promote the City's economic growth. As
such, the City has determined it is in its best interest to provide a preference to local vendors.
(b) Local Preference in Purchasing. In the bidding of, or contracting for procurement of
supplies, materials, and equipment as provided in these sections, the Purchasing Officer may give a
preference to responsive, responsible, local vendor located in the City of Azusa in an amount not-to-
exceed five (5%) percent of the local vendors' total net bid price, or Five Thousand and no/100ths
($5,000.00) Dollars, whichever is lower. The granting of this local preference shall be approved or
not based on a determination by the Purchasing Officer/Agent that quantity and quality of the local
product is equal to that of the next lowest bidder.
This local preference is not applicable to: (1) bids for public projects as defined by Public
Contracts Code Sections 20161 and 22002, (2) bids funded by grants which prohibit its use, and (3)
contracts for professional, management, general, and special services.
Sec. 2-525. Staging of purchases prohibited.
Purchases and Public Works contracts shall not be knowingly staged or separated into smaller
units or segments solely for the purpose of evading the competitive formal or informal bidding
requirements of this chapter.
Sec. 2-526. Inspection and tests.
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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. The
Purchasing Agent, at his/her discretion, may require chemical and physical tests of samples or
supplies and equipment as he/she deems necessary to determine the quality in conformance with
those specifications.
Sec. 2-527. General services.
(a) General services as defined in this article shall be procured either through the bid
process outlined in Section 2-519 with the emphasis on awarding to the "lowest responsive
responsible bidder" or through the Request for Proposal process outlined in Section 2-538 of this
article with emphasis on factors other than price.
(b) Factors to Consider. If it is determined by the department in consultation with the
Purchasing Agent that all vendors providing a service classification can equally provide the service
satisfactorily, a bid process would be appropriate. However, if factors other than price need to be
considered in awarding the contract, the Request for Proposal (RFP) process may be used. Examples
of areas other than price that may be important in awarding the contract include: experience level,
competence, resources/equipment, staffing levels, services available/time factors, and other
qualifications determined by each City department responsible for recommending the service
contract that may be important to consider.
(c) Master General Services Single or Multi-year Contracts may be awarded to multiple
service providers following a formal Request for Proposal/Qualification process using the procedures
set forth in Section 2-538 of this article. Award of master contracts and negotiating task orders
should follow the procedure set out in Section 2-518.
Sec. 2-528. Uniform construction cost accounting procedures for public projects.
The City Council has elected to become subject to the Uniform Construction Cost
Accounting Procedures as established by the California Uniform Construction Cost Accounting
Commission.
Sec. 2-529. Bidding procedures for various public project amounts.
(a) A public project of Sixty Thousand and no/100ths ($60,000.00) Dollars or less may
be performed by City employees by force account, by negotiated contract, or by Purchase Order.
(b) A public project of an estimated amount exceeding Sixty Thousand and no/100ths
($60,000.00) Dollars but not more than Two Hundred Thousand and no/100ths ($200,000.00)
Dollars may be let to contract by informal bid procedures as set forth in this article.
(c) A public project in an amount exceeding Two Hundred Thousand and no/100ths
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($200,000.00) Dollars shall, except as otherwise provided in this article, be let to contract by formal
bidding procedures.
(d) Amounts of bidding thresholds may be adjusted automatically pursuant to the
California Public Contract Code (PCC) Chapter 2. Bidding on Public Contracts [2200-22045}”
Sec. 2-530. Adoption of plans.
The City Engineer or his designee shall approve the plans, specification and working details of all
public works projects. The City Council shall approve and adopt the plans, specifications, and
working details, as well as authorize the bid request for all Public Works projects for an amount
exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars. The City Engineer is
delegated authority to approve and adopt the plans, specifications, and working details for all Public
Works projects less than Two Hundred Thousand and no/100ths ($200,000.00) Dollars.
Sec. 2-531. Negotiated contract or purchase order procedures.
For those projects qualifying under subsection (a) of Section 2-529, the project manager shall
obtain a cost estimate from the project engineer or architect prior to issuing a Purchase Order or
negotiating a contract with a responsible contractor. For any City force account work, the project
manager shall first comply with the guidelines established by the California Uniform Construction
Cost Accounting Commission in determining the cost of the public project.
The City Manager shall have the authority to award and to execute any contract for the public
project qualifying under subsection (a) and (b) of Section 2-529.
Sec. 2-532. Informal bidding procedures.
For those projects which qualify under subsection (b) of Section 2-529 for informal
bidding, the following procedures shall be used:
(a) Bidder List. The City shall maintain a list of qualified contractors, identified
according to categories of work. Minimum criteria for development and maintenance of the
contractors' list shall be consistent with the California Uniform Construction Cost Accounting rules.
(b) Notice. Unless the product or service is proprietary, all contractors on the City's list
for the category of work being bid shall be mailed a notice inviting informal bids, or an
announcement/ advertisement shall be placed in all construction trade journals specified in this
section, or both such mailing and advertising. The trade journals shall be those identified by the
California Uniform Construction Cost Accounting Commission as appropriate for this area. In
addition, notice shall be posted on the City's website.
(c) Bidder's Security/Failure to Sign Contract. Bidder's security shall be prescribed in the
notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security
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shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a
bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60)
days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all
or part of his/her bid security, as may be determined by the City Council, upon the bidder's refusal or
failure to execute the contract within fourteen (14) days after the date of the award of the contract.
On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the
City Council may award the contract to the next lowest responsive and responsible bidder.
(d) Minimum Time Period. All mailing of notices to contractors and announcements/
advertisements published in the construction trade journals pursuant to subdivision (b) shall be
completed not less than ten (10) calendar days before bids are due.
(e) Notice Contents. The notice inviting informal bids shall describe the project in
general terms, how to obtain more detailed information about the project, and state the time and
place for the submission of bids.
(f) Performance/Labor/Materials Bonds. A labor and materials bond, plus a performance
bond shall be required, from a surety company licensed to do business in California and acceptable to
the City, in amounts equivalent to the total contract amount.
(g) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk’s office and
shall be identified as to bidder, project, and "Bid" on the envelope. Bids shall be opened by the City
Clerk's staff in public at the time and place stated in the notice inviting bids. At that time, a written
record and tabulation shall be made of all bids received, and shall be open for public inspection
during regular business hours for a period of one year after the bid opening. The project manager
shall make an analysis of the bids for compliance with bid specifications, and thereafter, make a
recommendation for award or rejection.
(h) Award. The Purchasing officer shall award the contract or reject the bids. The
Purchasing Officer may waive minor bid irregularities.
(i) Change Orders. A Change Order shall be used to modify the contract documents
regarding contract price, schedule of payments, completion date, plans and specifications, and for
unit price overruns and under runs, as specified in the Contract. Work description and justification
must relate to the original project and must be work necessary to achieve original scope of project.
After a determination that costs are merited by developments in a specific project, the Purchasing
officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency
approved by the City Council as awarded for the individual contract as follows:
(1) Purchasing officer may approve Project Change Orders until the contract
reaches Two Hundred Thousand and no/100ths ($200,000.00) Dollars.
(2) Once the original contract plus all accumulated Change Orders are in an
amount that is equal to Two Hundred Thousand and no/100ths ($200,000.00) Dollars the contract
and subsequent Change Orders must be approved by City Council prior to commencing with the
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work.
(3) Any single Change Order exceeding Fifty Thousand and no/100ths
($50,000.00) Dollars must be approved by City Council prior to commencing with the work. In
urgency situations, where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs due to the delay in the project, the Purchasing Officer
may approve such Change Order and shall give notice to City Council at the next City Council
meeting.”
(j) Bids in Excess of Statutory Amount. If all bids received are in excess of Two-
Hundred Thousand and no/100ths ($200,000.00) Dollars, the City Council may, by passage of a
resolution by a four-fifths (4/5) vote, award the contract up to One Hundred Thirty-seven Thousand
Five Hundred and no/100ths ($137,500.00) Dollars or less to the lowest responsive and responsible
bidder if it determines the cost estimate of the City was reasonable.
(k) The Purchasing Officer shall provide the City Council with a list of projects and their
amounts approved pursuant to this section at least once per month.
Sec. 2-533. Formal Bidding Procedures.
For those projects requiring formal bidding under Section 2-529, the following procedures
shall be used:
(a) Publication. A notice shall be published, at least once, fourteen (14) calendar days
before the date of opening the bids in a newspaper of general circulation printed and published in the
jurisdiction of the City. The notice inviting formal bids shall also be mailed to all construction trade
journals specified by the California Uniform Construction Cost Accounting Commission as
appropriate for the area. The notice shall be mailed at least thirty (30) calendar days before the date
of opening the bids. The notice inviting formal bids shall state the time and place for the receiving
and opening of sealed bids and distinctly describe the project. In addition to notice required by this
section, the City may give such other notice as it deems proper.
(b) Bidder's Security/Failure to Sign Contract. Bidder's security shall be prescribed in the
notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security
shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a
bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60)
days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all
or part of his/her bid security, as may be determined by the City Council, upon the bidder's refusal or
failure to execute the contract within ten (10) days after the date of the award of the contract. On the
refusal or failure of the lowest responsive and responsible bidder to execute the contract, the City
Council may award the contract to the next lowest responsive and responsible bidder. All bids must
be signed by person authorized to bind company to bid terms.
(c) Bid opening Procedure. Sealed bids shall be submitted to the City Clerk's Office and
shall be identified as to bidder, project, and "Bid" on the envelope. Bids shall be opened by the City
Ordinance No. 2021-XX
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Clerk's staff in public at the time and place stated in the notice inviting bids. A written record and
tabulation shall be made at that time of all bids received, and shall be open for public inspection
during regular business hours for a period of one year after the bid opening. The project manager
shall make an analysis of the bids for compliance with bid specifications and, thereafter, make a
recommendation for award or rejection.
(d) Award of Contracts/Minor Irregularities. Contracts shall be awarded by the City
Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended,
according to criteria designated in the solicitation, and provided the award amount is within the
unencumbered appropriation for that item. The City Council may waive minor bid irregularities.
(e) Change Orders shall be used to modify the contract documents regarding contract
price, schedule of payments, completion date, plans and specifications, and for unit price overruns
and under runs, as specified in the Contract. Work description and justification must relate to the
original project and must be work necessary to achieve original scope of project. After a
determination that costs are merited by developments in a specific project, the Purchasing officer is
authorized to issue Contract Amendments or Change Orders up to the contract contingency approved
by the City Council as awarded for the individual contract as follows:
(1) Purchasing officer may approve accumulative Project Change Orders up to the
contingency established and approved by City Council for each individual contract.
(2) Any single Change Order exceeding Sixty Thousand and no/100ths
($60,000.00) Dollars must be approved by City Council prior to commencing with the work. In
emergency situations where stopping the work will result in severe repair or replacement delays and
subject the City to excessive additional costs due to the delay in the project, the Purchasing officer
may approve such Change Order and shall give notice to the City Council at the next City Council
meeting.
(f) Tie Bids. If two or more 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 or re-advertising
for bids, the City Council may accept either bid.
(g) Performance/Labor/materials Bonds. A labor and materials bond, plus a performance
bond shall be required, from an acceptable surety, in such amounts and in such a form as the City
finds reasonably necessary to protect the public interest.
(h) No Bids, if no bids are received, the project may be performed by City employees
by force account, or by informal bidding procedures without further complying with this article.
Sec. 2-534. Rejection of bids.
(a) In its discretion, the City Council may reject any bids presented. If after the first
invitation for bids all bids are rejected, the City shall state the reasons for the rejection, and after
reevaluating its cost estimates of the project, the City shall have the option of either of the following:
Ordinance No. 2021-XX
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(1) Abandoning the project or re-advertising for bids in the manner described
by this article.
(2) By passage of a resolution by a four-fifths (4/5) vote of the City Council
declaring that the project can be performed more economically by City employees, may have the
project done by force account without further complying with this article.
Sec. 2-535. Emergencies; procedure.
In cases of great emergency as determined by the City Council, including, but not limited to,
states of emergency defined in Section 8558 of the Government Code, when repair or replacements
are necessary to permit the continued conduct of the operation of services of the City, or to avoid
danger to life or property, the City Council, by majority vote, may proceed at once to replace or
repair any public facility without adopting plans, specification, or working details, or give notice for
bids to let a contracts. The work may be done by City forces, by contract, or by a combination of the
two (2). The City Council delegates to the City Manager, the authority to declare a public emergency
subject to confirmation by the City Council by a four-fifths (4/5) vote, at its next meeting.
Sec. 2-536. Staging of public works contracts.
Public Works contracts shall not be knowingly staged or separated into smaller units or
segments solely for the purpose of evading the competitive bidding requirements of this chapter.
Sec. 2-537. Bid protests.
Any interested party may file a protest regarding the procurement decisions authorized under
this chapter.
(a) Notice of Decision. After a decision regarding a public project procurement having a
value over Sixty Thousand and no/100ths ($60,000.00) Dollars has been made, the Department Head
or designee shall notify all persons who submitted a response to a City solicitation of intended
award. If a bidder is rejected because the bid is found non-responsive or because the bidder is
deemed not-responsible, the City will give written notice to said bidder of evidence reflecting such
decision.
(b) Time to File Protest. All protests must be filed in writing and received by the
Department Head within five (5) business days of the date on the notice of intended award.
(c) Form of Protest. All protests shall be in writing, state the grounds for the protest, state
the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or
another bidder was either non-responsive or not responsible. All protests have to be filed in
accordance with the instructions contained in the solicitation which is the subject of the protest.
Ordinance No. 2021-XX
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(d) City Manager Review. The City Manager or designee shall review the protest and
issue a written decision on the protest. The City Manager or designee may base the decision on the
written protest alone or may informally gather evidence from the person(s) filing the protest or any
other person having relevant information. For procurements having a value of Two Hundred
Thousand and no/100ths ($200,000.00) Dollars or less, the City Manager's or designee's decision
shall be final.
(e) Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a
"responsible" bidder, the protesting party must submit materials set forth in subdivision (c) above for
consideration. An opportunity to be heard will be set within a reasonable time to provide a decision
before final approval of the selected low bid. For procurements having a value of Two Hundred
Thousand and no/100ths ($200,000.00) Dollars or less, the City Manager's or designee's decision
shall be final.
(f) Appeal of City Manager's Decision to City Council. For procurements having a value
exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars, an appeal of the City
Manager's decision may be filed with the City Council. All such appeals must be in writing, and shall
be filed with the City Clerk within five (5) business days from the date of the City Manager's
decision.
(g) Failure to Timely Appeal. An interested party who fails to file a protest within the
times set forth in this section waives any right to protest the issue further. No appeal to either the
City Manager or City Council of any decision to award a bid under may occur once the contract has
been awarded.
Sec. 2-538. Award of professional, management, general or special services
contracts based upon competence.
Factors to Consider. In contracting for professional services listed in Government Code
Section 4526, selection shall be based on demonstrated competence and on professional
qualifications necessary for the satisfactory performance of the services and solicited through a
Request for Qualification process.
In contracting for professional services contracts should only be awarded to firms or persons
who have demonstrated "adequate competence" meaning: an adequate level of experience,
competence, training, credentials, character, integrity, reputation, financial responsibility, resources,
equipment, staffing, and other professional qualifications necessary for the service. The cost of the
service may be considered, however, the lowest cost may not be the sole factor in deciding which
firm or who shall be awarded the contract. It may be in the City's best interest to award the contract
to a higher priced contractor based on the scope of services, availability, unique skills, staffing levels,
timing, prior experience, familiarity with the City and other factors required by the department. The
information needed for determining that level of competence, other qualifications, and the procedure
for selecting such services shall be determined by the City department responsible for recommending
the service contract.
Ordinance No. 2021-XX
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(a) Request for Proposal/Qualifications. The acquiring of services shall be procured
through negotiated contract following a Request for Proposal/ Qualifications process. Contracting for
services is decentralized and shall be the responsibility of the Department Head requesting the
service. The Purchasing Agent may be contacted to assist in the formal Request for
Proposal/Qualification (RFP/Q) process.
(b) Contracts, not within (a) above, for an amount less than Five Thousand and no/100ths
($5,000.00) Dollars. A Department Head may award contracts up to Five Thousand and no/100ths
($5,000.00) Dollars with qualified consultants/firms.
(c) Contracts for an amount exceeding Five Thousand and no/100ths ($5,000.00) Dollars
but not more than Sixty Thousand and no/100ths ($60,000.00) Dollars if approved by council in the
annual budget or Twenty-Five Thousand and no/100ths ($25,000.00) Dollars if not included within
budget. The requesting department shall meet the following requirement unless an urgency exists
pursuant to this article:
(1) Selection Process. Prepare an informal written document and contact as many
companies as necessary to receive a minimum of three (3) written responses from consultants/firms.
This requirement may be waived for good cause in writing by the Department Head and Purchasing
Agent in consultation with one another.
(2) Award. The Department Head shall prepare a written recommendation to the
Purchasing Officer for the firm or person to be awarded the contract. The Purchasing Officer shalt
award the contract. The Purchasing Officer shall provide the City Council with a list of contracts and
their amounts approved pursuant to this section at least once per month.
(3) Contract Document. A written contract must be established and the
Purchasing officer or designee must sign/approve any service contract in an amount exceeding Five
Thousand and no/100ths ($5,000.00) Dollars but not more than Sixty Thousand and no/100ths
($60,000.00) Dollars if approved by council in the annual budget or Twenty-Five Thousand and
no/100ths ($25,000.00) Dollars if not included within budget.
(d) Contracts for an amount exceeding Sixty Thousand and no/100ths ($60,000.00)
Dollars Departments shall utilize a Sealed Request for Proposal process essentially meeting the
following requirements unless an emergency exists pursuant in Section 2-523 of this article:
(1) Request for Proposal/Qualification (RFP/Q) solicitation process. A formal
Sealed Request for Proposal/Qualification (herein "RFP/Q") document shall be developed for
solicitation of professional, management, or general and special services contracts for an amount
exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars.
(2) Advertisement. The department shall advertise in appropriate publications
and/or use the Professional Services Listings, as available, and post on the City's website, during
the solicitation process.
Ordinance No. 2021-XX
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(3) Fourteen (14) Day Notice. Notice inviting RFP/Q's shall be posted at City Hall
at least fourteen (14) calendar days before the due date of submission of the RFP/Q.
(4) Notice Contents. The notice shall include a description of general type of
service needed, how the RFP/Q minimum Scope of Work can be obtained, any pre-proposal
conferences anticipated, the requirement of a written sealed proposal, state the closing date, and
place and time for submission of the RFP/Q.
(5) Solicitation Procedure. Sealed Request for Proposals/Qualifications should be
submitted to, the department. RFP/Q's need not be opened publicly. All proposals shall be analyzed
by the department for compliance with RFP/Q requirements, value of the total scope of services.
Follow-up interviews of the most qualified of those submitting a proposal should be held.
(6) Award. Professional, Management, General, and Special Services contracts of
an amount exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars should be awarded by City
Council.
(7) Contract Amendments. The Purchasing officer is authorized to issue Contract
Amendments as follows:
(i) If the contract was originally executed for an amount of Sixty
Thousand and no/100ths ($60,000.00) Dollars or less, the Purchasing officer shall have the authority
to issue Contract Amendments, provided that the sum of all amendments, plus original contract
amount, shall not exceed Sixty Thousand and no/100ths ($60,000.00) Dollars. If the amended
contract will exceed Sixty Thousand and no/100ths ($60,000.00) Dollars, the City Council shall
make a finding that it is in the best interest of the City to waive the normal selection process and
approve the amendment to the contract.
(ii) For a contract originally executed for an amount of Sixty Thousand
and no/100ths ($60,000.00) Dollars and over and originally approved by City Council, the
Purchasing officer shall have authority to issue contract amendments, provided that the sum of all
contract amendments for any single contract shall not exceed the amount approved by City Council.
If the amended contract will exceed the amount previously approved by City Council, the contract
amendment must be approved by City Council.
(8) Master Professional Services Contracts. For those professional services as
defined in Government Code Section 4526, master single or multi-year contracts with several
consultants with a general scope of work may be set up for a total not-to-exceed dollar amount as
approved by City Council.
(i) A formal Request for Qualification process shall be used in accordance
with this article and awarded based on qualifications plus reasonableness of cost.
(ii) Task Orders shall be issued pursuant to the Master Contract with a
specific scope of work and the Purchasing officer shall have authority to execute such Task Order for
Ordinance No. 2021-XX
Page 29 of 31
individual projects for Sixty Thousand and no/100ths ($60,000.00) Dollars or less.
(iii) Any Task Orders in an amount exceeding Sixty Thousand and
no/100ths ($60,000.00) Dollars will require City Council's approval pursuant to the terms of the
Master Contract.
Sec. 2-539. Waiving of purchasing procedures.
In its discretion, the City Council may at any time, without amending this chapter, waive the
purchasing procedures or alter these proceedings to fit a specific purchase or contract, when such
waiver is not in violation of state or federal law. A request for waiver should occur only when
unforeseen circumstances or emergencies arise that justify an exception to following the provisions
of this article, the City will not be prejudiced by such waiver and is in the best interest of the City
and its operations.
Sec. 2-540. Design-Build Authority.
Notwithstanding the requirements of this article regarding public bidding for public works
projects and contracts, the City Council may approve the use of an alternate public works
construction project procurement procedure instead of the bidding procedure set forth in this article
as follows:
(a) The alternate procedure may include the Design-Build method of construction
whereby the City enters into a single contract with a developer or contractor for the design and
construction of the facility.
(b) The contractor or developer may be procured by a selection process based on the
criteria of experience, qualifications and best value.
(c) This procedure/method may be used, but is not limited to use, when it is anticipated
that the method will reduce project cost, expedite project completion, enable use of public/private
partnership forms of project finance, and/or create certainty for total project expense.
(d) Design Build public works projects and contracts may be negotiated and awarded on
such procedures, terms and conditions as the City Council deems appropriate in the exercise of its
authority as a Charter City, and may be set forth by the City Council by resolution.
(e) The project amount complies with any dollar thresholds contained in the California
Public Contract Code for design build procedures (California Public Contract Code, Section 1100.7).
The provisions of this section authorizing the use of the Design- Build construction
procurement method shall be the prevailing regulations for public works design and construction
procurement where there are conflicts between the provisions of this ordinance and the contract
provisions of the Public Contract Code, pursuant to Section 1100.7 of the California Public Contract
Ordinance No. 2021-XX
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Code.”
SECTION 2: Severability. If any section, sentence, clause or phrase of this Ordinance or the
application thereof to any entity, person or circumstances is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect any other provisions or
applications, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. The City Council of the
City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional, invalid, or unenforceable.
SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days
following its adoption.
SECTION 4: Publication. The City Clerk shall certify the adoption of this Ordinance. Not
later than fifteen (15) days following the passage of the Ordinance, the Ordinance, or a summary
thereof, along with the names of the City Council members voting for or against the Ordinance, shall
be published in a newspaper of general circulation in the City of Azusa.
PASSED, APPROVED and ADOPTED this _________ day of ____________, 2021.
_______________________________
Robert Gonzales, Mayor
ATTEST:
___________________________________
Jeffrey Lawrence Cornejo, Jr., City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2021-09, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 13th day of
December, 2021 and that thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the Azusa City Council on the _____ day of _____, 2021 by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Ordinance No. 2021-XX
Page 31 of 31
___________________________________
Jeffrey Lawrence Cornejo, Jr., City Clerk
APPROVED AS TO FORM:
________________________________
Best Best & Krieger LLP, City Attorney
City of Azusa
Purchasing Policies
and
Procedures Manual
Prepared by the
Administrative Serveries Department
Finance/Purchasing Divisions
213 E. Foothill Blvd., Azusa, CA 91702
(626)812-5203
Effective Date: January 19, 2022
Attachment 2
TABLE OF CONTENTS
PREFACE ...................................................................................................................................... 1
PURPOSE ..................................................................................................................................... 1
ETHICS AND STANDARDS OF PROCUREMENT ....................................................................... 2
CONFLICT OF INTEREST ............................................................................................................. 2
RESPONSIBLITIES OF THE PURCHASING OFFICE ................................................................... 4
RESPONISIBLITY OF OPERATING DEPARTMENTS .................................................................. 5
UNAUTHORIZED PURCHSAES .................................................................................................... 7
METHODS OF PURCHASING AND ALLOWABLE EXEMPTIONS ............................................... 7
EMERGENCY PURHCASES ......................................................................................................... 8
CONTRACTS ................................................................................................................................. 9
STAGING PURCHASES ................................................................................................................ 9
LOCAL PREFERENCE .................................................................................................................. 9
VENDOR RELATIONS ................................................................................................................ 10
SOLE SOURCE PURCHASES .................................................................................................... 10
DEBARMENT .............................................................................................................................. 10
FISCAL YEAR END ..................................................................................................................... 11
SALVAGE AND SURPLUS PROPERTY ..................................................................................... 11
1
PREFACE
This document is intended to provide assistance to users on how to properly purchase
supplies, services, and equipment while explaining the policies and procedures within Article
VII of Chapter 2 (Sections 2-511 through 2-540) of the Azusa Municipal Code and other
applicable legal regulations. For definitions of certain terms throughout this document,
reference Section 2-512.
This manual is written in “hybrid” format: The first part of this manual provides a general
overview of the City’s purchasing rules in text format. The second part of this manual outlines
the procedures for specific types of purchases, such as bidding/RFP requirements, dollar limits
for approval of purchases, change/task orders, etc. These procedures are set out in
tabular/graphic format for ease of review.
This manual is intended as a quick reference guide to answer the most common questions
staff may have about purchasing supplies, services and equipment for the City of Azusa. Of
course, questions may arise that are beyond the scope of this manual. If you have any such
questions, please contact Purchasing staff at (626) 812-5256.
PURPOSE
The purpose of the Purchasing Policies and Procedures Manual is to provide guidance for
meeting the City’s Purchasing requirements as set forth in Article VII of Chapter 2 (Sections
2-511 through 2-540) of the Azusa Municipal Code (AMC). With exceptions noted in this
manual, these policies and procedures shall apply to all expenditure of funds by City
departments, regardless of the source of funds. However, nothing in these policies and
procedures shall prevent City Departments from complying with the terms and conditions of
any grant, contract, gift or bequest that is otherwise consistent with the law.
This manual delegates certain routine authority to City employees. For the purpose of this
manual, the term “Buyer” will refer to all employees delegated the authority to make a purchase
for the City. This policy allows Buyers to plan and bid a procurement of goods and services for
the City. The final approval and signature for all purchase orders is executed by the Purchasing
Agent.
In its discretion, the City Council may at any time, without amending the Municipal Code,
waive the purchasing procedures or alter these proceedings to fit a specific purchase or
contract, when such waiver is not in violation of state or federal law. A request for waiver
should occur only when unforeseen circumstances arise that justify an exception to
following the provisions of the ordinance and is in the best interest of the City.
The Purchasing Policies and Procedures Manual is intended to be a living document and may
be updated from time to time as polices are amended in accordance with the Azusa Municipal
Code (AMC). The Purchasing Officer has sole responsibility for maintaining the current status
and accuracy of the manual. Amendments to the manual will be communicated to City
Departments, and a record of all changes (including the section of the manual being changed
and the effective date) will be incorporated into the manual.
2
ETHICS AND STANDARDS OF PROCUREMENT
The Purchasing Agent, as well as those involved in procurement, shall discharge their duties
in accordance with the highest ethical standards by practicing integrity, honesty, truthfulness
and adherence to the absolute obligation to safeguard the public trust to:
1. To regard public service as a sacred trust, giving primary consideration to the interest
of the public agency that employ us.
2. To purchase without prejudice, seeking to obtain the maximum value for each dollar
expended.
3. To avoid unfair practices, giving all qualified vendors equal opportunity.
4. To honor our obligations and require that obligations to our public agency be honored.
5. To accord vendor representatives courteous treatment, remembering that these
representatives are important sources of information and assistance in solving our
purchasing needs.
6. To refuse to accept any form of commercial bribery, and prevent any appearance of so
doing.
7. To be receptive to counsel from our colleagues, and to cooperate with them to promote
a spirit of teamwork and unity.
8. To conduct ourselves with fairness and dignity, and to demand honesty and truth in the
Purchasing process.
9. To strive for greater knowledge of purchasing methods and of the material we
purchase.
10. To cooperate with all organizations and individuals involved in activities designed to
enhance the development of the purchasing profession, remembering that our actions
reflect on the entire purchasing profession.
CONFLICT OF INTEREST
The City expects all employees involved in the purchasing process to follow high standards of
conduct. Employees are expected to discharge their duties impartially so as to assure fair,
competitive access to purchasing opportunities by responsible contractors, and to foster public
confidence in the integrity of the City’s purchasing policies and procedures. The Code of
Conduct requires adherence to the following ethical standards.
Conflicts of interest occur when a conflict exists between the public interest and the
private monetary interest of the public official or employee. The term also applies to situations
in which contractors have some influence that would gain them an unfair competitive
advantage in purchasing.
In accordance with the Political Reform Act of 1974, it is required that no employee or public
official shall make, participate in making or in any way attempt to use his or her official position
3
to influence a governmental decision in which he or she has a financial interest. In accordance
with Section 87500 of the Government Code, certain designated employees and council
members are required to disclose economic interests and are prohibited from participating in
decisions that may have an effect on their financial interests.
In general, City employees shall not make any attempt to realize personal gain directly or
indirectly through a purchase or service provided to the City, including the following:
1. The employee or any member of the employee’s immediate family has a financial
interest in the purchase or service.
2. A business or organization, in which the employee or any member of the employee’s
immediate family has a financial interest, is involved in the purchase or service.
3. Any other person, business or organization, with whom the employee or any member
of the employee’s immediate family is negotiating or has an arrangement concerning
prospective employment, is involved in the purchase or service.
4. No City employee operating a business outside of their current City employment shall
do business or provide a service for the City through their outside employment.
5. City employees shall not solicit or accept gratuities, favors, or anything of monetary
value from contractors, potential contractors, or parties to subcontractors.
6. Kickbacks. It is improper for any City employee to solicit consideration in any form,
from a bidder/proposer, with the implication, suggestion or statement that the
bidder/proposer’s payment of consideration may secure more favorable treatment for
the bidder/proposer in the award of the contract, or that the bidder/proposer’s failure to
pay such consideration may reflect negatively on the bidder/proposer’s submission.
(“kickbacks”)
A proposer shall not offer or give, either directly or through an intermediary,
consideration in any form, to a City employee for the purpose of securing favorable
treatment with respect to the award of a contract.
A proposer shall immediately report any attempt by an employee to solicit such
improper consideration. Failure to report such a solicitation may result in the proposer’s
submission being eliminated from consideration.
7. Use/Disclosure of Confidential Information. Employees shall not knowingly use
confidential information for actual or anticipated personal gain or for the gain of any
other person. Disclosure of any bids before the opening, or information contained in
proposals before award to any person not authorized by the Purchasing Officer to
receive such information is a breach of ethical standards.
8. Participation Conflict of Interest. No City employee shall participate directly or
indirectly in the drafting of a solicitation, selecting a recommended vendor for award,
4
or administering any contract if a conflict, real or apparent, would be involved. Such
conflict would arise when a financial or other interest in a firm selected for award is held
by:
•An employee participating in any stage of the purchasing process.
•Any member of his/her immediate family.
•An organization which employs, is negotiating to employ, or has an arrangement
concerning prospective employment of any of the above.
RESPONSIBLITIES OF THE PURCHASING OFFICE
The Purchasing Office is responsible for the procurement of supplies, general services,
equipment, and special equipment (which are not included within a construction contract).
To perform these functions efficiently and assist operating departments, the Purchasing Office
shall:
1.Ensure that all City staff have adequate knowledge of the purchasing process and
requirements.
2.Review bid proposals in conjunction with the appropriate department.
3.Ensure a cooperative working relationship with all City departments concerning
purchasing, accounting, budgeting, and Finance/Purchasing software.
4.Ensure full and open competitive bidding.
5.Review and approve all Purchase Order Requisitions and contracts submitted by the
City departments.
6.Recommend the execution of contracts for the purchase of supplies, general services,
special equipment, and services.
7.Keep informed of the current developments concerning purchasing, prices, market
conditions and new products and recommend revisions to purchasing procedures
when necessary.
8. Prescribe and maintain all forms and records necessary for the efficient operation
of the purchasing system.
9.Supervise and coordinate the process with City departments for the inspection of
all purchased supplies, general services, special equipment, and services, to
assure conformance with City specifications. Receive all incoming supplies and
equipment, inspecting and verifying said receipts, and delivering to appropriate City
departments.
5
10. Ensure that requisitions and contracts have complete information and documentation
in compliance with these Purchasing policies and procedures, including, but not limited
to, proper contract type and appropriate signature authority.
11. Supervise the transfer of surplus and unused supplies and equipment or
sale/disposal of such.
12. Maintain an up-to-date vendor list. Coordinate vendor relations, locate sources of
supply, maintain vendor listing, and evaluate and document vendor performance.
13. Assist operating departments with research and recommendations in developing
specifications; review specifications for completeness of information, and ensure
that purchasing specifications are open and non- restrictive to encourage full
competition.
14. Tracking and maintaining proper inventory levels at the Central Stores Warehouse
and Electric Warehouse.
15. Identify, evaluate, and utilize purchasing agreements that best meet the City’s
needs (i.e., cooperative purchases, blanket purchase orders, contractual
agreements, etc.).
16. Perform such other tasks as may be necessary for the proper conduct of purchasing
supplies, general services, and equipment (AMC §2-513).
The Purchasing Agent is the Director of Administrative Services or his/her designated
representative (AMC §2-512 (m)) and is responsible for overseeing all purchasing functions,
including the duties and responsibility of the Purchasing Office. The Purchasing Officer is
the City Manager or his/her designated representative. The Purchasing Officer duties
generally are delegated to the Director of Administrative Services. When there is
reference to the City Manager, it refers to the City Manager in his/her role as the Chief
Executive Officer and his/her authority to approve and sign contracts. The Purchasing
Division is under the supervision of the Purchasing Officer and Purchasing Agent, and
consists of a Purchasing Agent (staff member), Central Stores Warehouse, Electric
Warehouse, and Storekeepers.
RESPONISIBLITY OF OPERATING DEPARTMENTS
Operating departments are charged with the following responsibilities in the purchasing
process:
1. Provide at the beginning of each fiscal year, an updated authorized signature list to
the Administrative Services Director designating those individuals who are delegated
the authority to make purchases pursuant to the policies and procedures as
described herein. The authorized signature list shall be included in the City of Azusa
Approval Guide that is updated and distributed periodically.
6
2. Departments may purchase specified and limited supplies, equipment, special
equipment/supplies, and services independently of the Purchasing Officer of a value
less than Five Thousand and no/100ths ($5,000.00) dollars. Departments must
keep a record of such purchases and exercise reasonable prudence in seeking price
quotes when purchasing such items. All such purchases shall be made with funds in
an unencumbered appropriation.
3. Communicate and coordinate all purchases ($5,000 and over) with the Purchasing
Office, so that the Purchasing Office can advise as to the appropriate procedure (formal
bid/RFP, informal bid/RFP, direct purchase, etc.).
4. Anticipate requirements sufficiently in advance to allow the Purchasing Office
adequate time to obtain goods in accordance with the best purchasing practices.
5. Ensure that there exists an unencumbered appropriation in the fund accounts against
which any purchase is to be charged.
6. Inspect all supplies, general services, special equipment, and services purchased
to assure conformance with City specifications.
7. Provide detailed, accurate specifications to ensure goods obtained are consistent
with requirements and expectations.
8. Submit to the Purchasing Agent a requisition on the Purchasing Agent’s approved
form prior to initiating any procurement. Prepare requisition in accordance with
instructions to minimize the processing effort. The Requisition Form, available on the
City’s intranet under Finance/ Purchasing, must be completed and submitted to the
Purchasing Office electronically along with all backup documentation via the City’s
automated accounting system (currently ONESolution).
9. Inform the Purchasing Office of any vendor relations problems, shipping problems
(i.e., damaged goods, late delivery, wrong items delivered, incorrect quantity
delivered, etc.) and any situations which should be brought to the attention of the
Purchasing Office.
10. Minimize emergency and sole source purchases and provide written documentation
signed by the Department Head when such purchases may be necessary.
11. Assist the Purchasing Office with the review of all bids received for compliance with
specifications, and provide the Purchasing Office with written documentation
regarding findings. After purchasing review, prepare a recommendation to City
Council/Utility Board for award of the bid.
12. Notify all bidders of purchase award when authorized by the Purchasing Officer.
7
UNAUTHORIZED PURCHSAES
A purchase order is required for all purchases. An exception to this would be for emergencies
as defined in the AMC §2-535.
1. Unauthorized purchases are void and not considered an obligation of the City.
2. Invoices without an authorized purchase order may be returned to the department
or vendor unpaid.
3. Purchase orders shall be issued to a vendor prior to ordering supplies and services
and not "after the fact" for work already done or materials already ordered.
4. Exemptions from the purchase order process are identified in the Methods of
Purchasing and Allowable Exemptions Section of this policy and subject to
review and approval by the Purchasing Agent and the City Attorney.
METHODS OF PURCHASING AND ALLOWABLE EXEMPTIONS
A. Purchase Order: Purchases of supplies, general services, special
equipment/supplies, general equipment, and construction contract or public work
specification shall be made by purchase orders issued by the Purchasing Agent.
Appropriate documentation, demonstration of selection process, appropriate
approval, scope of work, and contracts (including contract amendments, change
orders, and task orders) are required as part of the purchase order. The Summary
of Price Quotations form, available on the City’s intranet under
Finance/Purchasing, is to be completed and used as the cover page.
Under certain circumstances there are exemptions for obtaining purchase orders.
Examples of exemptions are below.
1. Exemptions from obtaining a purchase order include:
a. Utility usage payments (electric, gas, phone)
b. Payments to other Governmental Units
c. Claims/Legal settlement payments
d. Membership dues
e. Debt service payments
f. Employee benefit payments
2. The Purchasing Agent shall not issue any purchase order, authorize the
execution of any contract, or enter into any contract for purchasing of
supplies, equipment, services or construction, unless there exists an
unencumbered appropriation in the fund account against which such purchase
is to be charged (AMC §2-516).
8
3. Operating departments shall verify the existence of an unencumbered
appropriation prior to submitting purchase requisitions to the Purchasing
Office.
4. Operating departments shall supply supporting documentation to the
Purchasing Office when requesting a purchase order indicating purchase
approval, council approval if applicable, selection process
they followed, and a copy of the contract (including amendments, change
orders, and task orders) for professional, management, special, consulting and
general services.
B. Dollar Limits for Bidding and Approval of Purchases: Depending upon the type
and amount of the purchase, operating departments shall follow the City’s applicable
bidding/RFP process to ensure fair competition, and shall secure the approval of the
City Official(s) with authority to approve the purchase, including any change/task
orders to an existing agreement. These rules are specifically set forth in the Azusa
Municipal Code and a summary of these rules is provided in tabular/graphic format
later in this manual.
C. Purchase Order Changes: A purchase order is a contract between the City and a
vendor for equipment and supplies and is a supplemental confirmation of a contract
for services. Any substantial change to a purchase order and/or its contract for
services shall be documented on a change order (new requisition) initiated by the
operating department. Change orders shall be reviewed by the Purchasing Office
and shall be approved by the Purchasing Agent.
EMERGENCY PURHCASES
An emergency condition is defined as a situation that creates a threat to public health, welfare,
safety or public property, or conservation of public resources such as may arise by reason of
fires, epidemics, riots, equipment failures, or such other reasons as determined by the
Purchasing Officer. An emergency purchase may be made when the existence of an
emergency condition creates an immediate and serious need for goods or services that cannot
be met through normal procurement.
Reasonable efforts under the circumstances shall be made to obtain quotations from three or
more vendors when goods or services are to be purchased on an emergency basis. Emergency
procurement shall be limited to only those goods and services necessary to meet the
emergency. Poor planning does not constitute and emergency condition.
Purchasing must be contacted when an emergency condition arises for approval from the
Purchasing Officer. If an emergency condition arises after office hours and circumstances will
not permit delays, then the Department head or an authorized department representative must
attempt to follow purchasing guidelines as much as possible by obtaining competitive pricing
(written, telephone, etc.) and proceeding with the purchase, using discretion. Written
documentation explaining the nature of the emergency must then be attached to the requisition
9
for the goods or services purchased. The requisition must be submitted to Purchasing on the
next working day.
Catastrophic Emergencies may be handled differently only when the Governor or Mayor
declares a state of emergency and issues an Executive Order to be followed.
CONTRACTS
Contracts shall be prepared for professional, management, general or special services,
and construction services for $5,000 and over (AMC §2 -518(a)). All City contracts shall be
prepared on the City contract template unless approved by City Attorney. Contract templates
established by City Attorney’s Office can be found on the City’s Intranet. If requiring City
Council/Utility Board approval, contracts and amendments shall be prepared and submitted to
City Clerk’s Office for final processing. The Contract Checklist Form, available on the City’s
intranet under Finance/Purchasing, must be completed and used as the cover page to ensure
that the approvals are acquired from the appropriate parties. In addition, the eContract Form,
available on the City’s intranet under Finance/Purchasing, must also be completed for the City
Clerk’s Office to input the approved contracts into the contract database.
STAGING PURCHASES
Purchases, contracts, and public works contracts shall not knowingly be staged or separated
into smaller units or segments solely for the purpose of circumventing the competitive
formal or informal bidding requirements of this chapter.
LOCAL PREFERENCE
Local Preference is for purchase of supplies, materials, and equipment.
A. To promote economic development and maintain a healthy economic base in the City
of Azusa, as well as encourage businesses to move into the City’s jurisdiction, the
City supports employment and local business opportunities, which in turn promotes
the City’s economic growth. As such, the City has determined it is in its best
interest to provide a preference to local businesses to the extent consistent with the
law and interest of the public.
B. When bidding or procuring supplies, a 5% or $5,000 (whichever is lower) local
preference may be given to a responsible, responsive local business located in the
City of Azusa.
C. The granting of this vendor’s preference shall be based on a determination by the
Purchasing Officer/Agent that quantity and quality of the local product is equal to that
of the next lowest bidder.
D. In order for the local business to be eligible to claim the preference, the business must
provide a copy of its current business tax certificate issued by the City.
10
E. This local vendor preference is expressly made inapplicable to:
1. Bids for public projects as defined by Public Contracts Code Sections
20161 and 22002.
2. Bids funded by grants, which prohibit its use.
3. Contracts for professional, management, and special services.
VENDOR RELATIONS
It is to the City's advantage to maintain and promote good relations with suppliers of goods
and services. Purchasing and operating department staff shall conduct their dealings with
vendors in a professional manner and shall promote equal opportunity and demonstrate
fairness, integrity, and courtesy in all vendor relations.
Operating departments may make direct contact with vendors for such purposes as obtaining
price quotes (less than $60,000), developing service contracts, utilizing RFP/Q’s, obtaining
technical information, obtaining cost estimates for budgeting or purchasing purposes, for
preparing purchase requisitions and for placing orders for authorized purchases. The
Purchasing Office will be the main contact in bid situations. The Purchasing Office will
normally serve as an intermediary between operating departments and vendors when
requested by the operating department and in conflict resolution situations.
SOLE SOURCE PURCHASES
Unique commodities or services that can be obtained from only one vendor, or one distributor
authorized to sell in this area, with singular characteristics or performance capabilities or which
have specific compatibility components with existing city products are exempt from the
competitive bidding requirements and are deemed sole sour purchases(AMC §2 -520(b)).
Such purchases must be submitted with a Sole Source Justification Form (Exhibit X) attached
to the purchase request online.
DEBARMENT
Debarment is an action taken by Federal, State and County contracting agencies, which results
in a contractor being prohibited from bidding, proposing, or being awarded and/or performing
work on a contract with that agency. A contractor may be debarred for non-responsibility for
any of the following reasons:
• Violating a term of a contract
11
• Committing an act or omission which negatively reflects on the contractor’s quality,
fitness, or capacity to perform under a contract.
• Committing an act or omission which indicates a lack of business integrity or
business honesty.
• Making or submitting a false claim against the agency or any other public entity.
Federal, State and County Governments maintain a database of currently debarred
contractors. The list of parties excluded for Federal Procurement or Non-Procurement
Programs may be accessed on the internet at http://epls.arnet.gov.
City employees must ensure that bids and proposals are not accepted from contractors on a
Federal, State or County debarment list.
FISCAL YEAR END
Departments are responsible for following the year-end closing procedures to ensure all
transactions are recorded in the proper accounting period. Current year outstanding purchase
orders should be reviewed to ensure product is received or services are performed and
payments are posted. To facilitate the closing process, year-end deadlines are established
annually and communicated to all departments via a year-end memorandum from the
Purchasing Division. Departments should review this information to understand the fiscal year-
end closing process.
Requisitions for the next fiscal year may be submitted as of July 1. All blanket requests for the
next fiscal year should clearly be marked “Fiscal Year 20XX”
All open purchase orders should be reviewed to verify validity and should be rolled forward into
the new fiscal year if product will not be delivered or services are not complete by June 30th of
the fiscal year. Departments are responsible for ensuring that funds are encumbered in the
proper fiscal year. Note, transactions are posted according to the date in which they are
received or services are rendered, not they date they are requested.
Requisitions for the current fiscal year must be received by Purchasing no later than the
published deadline. In addition Purchasing Card Transactions must be posted to each account
no later than the last statement date of the fiscal year, usually June 22nd or the next business
day if the 22nd is on a weekend. Transactions posted to the Purchasing card after June 22nd
shall be processed and posted in July of the following fiscal year.
SALVAGE AND SURPLUS PROPERTY
Fixed/Controlled assets and other items owned by the City that are considered obsolete or no
longer usable may be declared surplus. The Purchasing Agent is responsible for determining
the most cost effective manner of disposing of surplus property.
12
The applicable Department Head or their designee(s) will notify Purchasing in writing of the
existence of salvage property and request disposal instructions. This notification shall list each
item, acquisition date or estimated age, price (if known), condition, and any known defect not
readily apparent through visual inspection.
Purchasing shall review the request and determine if any other City department has a use for
the salvage property. If so, Purchasing shall coordinate the transfer of the salvage property to
the department they believe can best use it.
If Purchasing determines that salvage property is not functionally or economically suitable for
further City use, it shall be disposed of by public auction or negotiated sale. For recyclable
items equal to or less than $10,000, Purchasing may dispose of those items through a scrap
metal or a recycling vendor if the cost to do so does not outweigh the value received in return.
Unless otherwise provided, all proceeds from the sale of surplus property will be deposited into
the City’s general fund.
13
TABLES/GRAPHICS
RE: BID/RFP PROCESS AND MONETARY
APPROVAL THRESHOLDS FOR SPECIFIC
TYPES OF PURCHASES
14
Equipment & Supplies
$5,000-$25,000
Awarded by Purchasing
Officer
Requires approved, unencumbered
budget.
Purchasing Officer approves award,
and purchase order is processed and
issued.
Purchase order stating terms and
conditions will be mailed to vendor.
Department provides
specification to Purchasing.
Requires approved,
unencumbered budget.
PURCHASING SUPPLIES & EQUIPMENT
Purchasing meets with
department representative
to discuss specification and
bid time table.
Equipment & Supplies
Over $25,000 (formal)
Awarded by City
Council/Utility Board
Contract as many companies as is
necessary to obtain at least three
quotes.
Quality and service being equal, 5%
local preference is given to local
vendors.
Award of bid should go to the lowest
responsive, responsible bidder.
Submit requisition with supporting
documentation to Purchasing for
purchase order.
Supporting Documentation:
• Specifications
• Price Quotes
• Executed contract if there is a
service over $5,000
Coordinate bid opening date
and Notice of Solicitation
with City Clerk. City Council/Utility Board
may authorize staff to
negotiate a contract, reject
all bids, waive minor
irregularities, initiate a rebid
or abandon the purchase.
Department staff to create written
product specifications and response
document
Notices for formal bid
posted at City Hall and in
newspaper at least 14 days
prior to bid opening.
Formal bids shall be posted
on the City’s Purchasing
web page.
www.ci.azusa.ca.us
Bids opened in public by
City Clerk staff.
Department staff to review
for compliance with
specification. Review with
Purchasing any deviations
from specifications.
Quality and service being
equal, 5% or $5,000
whichever is less, local
preference is given to local
vendors.
Award of bid should to go to
the lowest responsive,
responsible bidder.
Department to mail Notice
of Intended Award to all
vendors responding to the
solicitation.
Five business days after the
date of the Notice of
intended award, if no
protest has been filed, the
department may make
recommendation for award
of bid.
Two or more bids received
for same total, unit price,
quality and service, City
Council may accept either
bid or accept the lowest bid
made by negotiation with
the tie bidders.
Submit requisition with
supporting documentation
to Purchasing for purchase
order.
Supporting Documentation:
• Specifications
• Price Quotes
• Executed contract if
installation is over $5,000
Purchase order is processed
and issued.
15
GENERAL SERVICES $25,000 AND LESS
Services
Under $5,000
Approved by
Department Head
Services
$5,000 - $25,000
Awarded by
City Manager
Purchase Order is
required.
Vendor may begin
work upon Project
Manager approval.
Department staff must
create an informal RFP and
send to as many vendors as
necessary to obtain a
minimum of three
responses
A written response from the
vendor is required.
Obtain approval from
Department Head and
Purchasing Officer. Prepare
a contract to be signed by
City Attorney, department
Head, Contractor, City
Manager, and City Clerk.
Submit requisition with
supporting documentation
to Purchasing for purchase
order.
Supporting documentation:
• Copy of written
solicitation or copy of
three quotes
• Executed contract
Requires approved,
unencumbered budget.
City Manager approves
award.
Purchase order is processed
and issued.
Purchase order and
executed contract are
needed prior to starting
work.
Department staff to
contact at least two
service providers, discuss
project, qualifications, and
price.
16
GENERAL SERVICES OVER $25,000
Services over
$25,000 Awarded by
City Council/Utility Board
City Attorney, Purchasing, and other staff as
appropriate should review the RFP/Q.
Once the committee has selected the most
qualified vendor, staff may negotiate scope of
work and price with this vendor. If staff cannot
come to terms, then negotiations will begin with
the second most qualified vendor.
After final selection of a vendor, a staff report and
contract must be submitted to City Council/Utility
Board for award of the RFP/Q and contract.
Submit requisition with supporting documentation
to Purchasing for purchase order.
Supporting documentation:
• Type of selection process
• Copy of approved staff report or minutes of City
Council/Utility Board meeting showing approval
• Executed contract
Requires approved, unencumbered budget.
Prepare an RFP/Q, using the template on the
City’s Intranet, Finance, Forms.
Purchase order and executed contract are needed
prior to starting work.
Coordinate publication of Notice of Solicitation
with City Clerk.
A Notice of Solicitation must be posted in the
newspaper 14-21 days prior to opening date.
RFP/Q must be posted on the City’s Purchasing
website. Send an electronic copy of the
document to the IT Department, and staff will
post the document on the City’s Purchasing
website.
RFP/Q’s are not opened publicly.
Review the RFP/Q’s for compliance with scope of
work and qualification requirements. Prepare a
“short list” to be interviewed by the selection
committee when applicable.
Purchase order is processed and issued.
Provide committee with a copy of RFP/Q
document. Prepare questions based on selection
criteria identified in RFP/Q.
Price may be considered as a selection factor as
long as the service is not one identified in Govt.
Code Section 4526, which does not allow price as
a factor in initial qualifying process.
Committee members to hear presentations, ask
questions and rank vendors based on criteria, and
select one vendor.
17
RFP/Q PROCEDURES
PROFESSIONAL/CONSULTANT
Under $5,000
Approved by
Department
Head
$5,000 - $25,000
Awarded by City
Manager
For small dollar tasks that will need to
be performed throughout the year,
departments may create RFP/Q and set
up master contracts or on-call
contracts for prequalified consultants
Department staff must
create an informal, RFP/Q
containing a detailed scope
of work.
Keep in mind the scope of
work and/or the
consultant’s response will
be the basis for the contract
scope of work.
The department should
mail, email, or fax the
informal solicitation to as
many companies as
necessary to obtain
responses from a minimum
of three consultants/firms.
The department may use
the Purchasing Office’s list
of professionals who are in
the vendor file, phone book,
trade journals, or internet
research
Determine the consultant
who can best meet the
City’s needs based on the
scope of work and selection
criteria.
Obtain approval from
Department Head and
Purchasing Officer. Prepare
a contract to be signed by
City Attorney, Department
Head, Consultant, City
Manager, and City clerk.
Submit requisition with
supporting documentation
to Purchasing for purchase
order.
Supporting documentation:
• Purchase Order
Requisition approved by
City manager
• Copy of the written
solicitation
• List of those responding
to the solicitation
• Copy of the executed
contract
Requires approved,
unencumbered budget.
City Manager approves
award.
Purchase order is processed
and issued.
To find qualified consultants the
department must contact at least two
service providers by using Purchasing
Office’s list of registered vendors,
phone book, trade journals, or internet
research.
In addition, if the City currently has an
on-call or master contract established
for this service, the department may
follow that process to award the work.
Purchase order and
executed contract are
needed prior to starting
work.
18
Over
$25,000
Awarded by
City Council/Utility Board
Purchase order and executed contract are needed
prior to starting work.
Purchase order is processed and issued.
Requires approved, unencumbered budget.
Supporting documentation:
• Type of selection process
• Copy of approved staff report or minutes of City
Council/Utility Board meeting showing approval
• Executed contract
Once the top candidate has been determined to
be the most qualified, the project scope of work
and price can be further negotiated.
If the selected consultant’s pricing exceeds the
budget, the City may end negotiations with the
first consultant and begin negotiations with the
next most qualified consultant, and so forth.
Submit requisition with supporting documentation
to Purchasing for purchase order.
After final selection of a consultant, a contract and
staff report discussing the selection process and
the determining factors for selecting the
consultant must be submitted to City
Council/Utility Board for approval and award.
Consultants who are on the “short list” will be
invited to meet with the committee. During the
interview process the committee will individually
rank the consultants.
The Project Manager will receive and tally the
committee member’s results of their evaluation
and create a “short list” of consultants to be
interviewed.
Project Manager to set up evaluation criteria
before receiving the submittals, and each
committee member will evaluate and rank
proposals based on the criteria.
Notices for formal RFP/Q’s posted on the City’s
web page, and published in the newspaper at
least 14 days prior to the date of submittal.
Project Manager to coordinate the notice of
publication date with the City Clerk Department.
The department will use the formal RFP/Q
template located on the City’s Intranet, Finance,
Forms. Be sure to develop a detailed scope of
work and selection criteria to be included in the
document.
City Attorney, Purchasing, and other staff as
appropriate should review the RFP/Q.
RFP/Q PROCEDURES
PROFESSIONAL/CONSULTANT
19
RFP/Q PROCEDURES
FOR MASTER CONTRACTS (ON-CALL) FOR
PROFESSIONAL OR GENERAL SERVICES
The annual not-to-exceed amount of
master (on-call) contracts generally
exceeds the $25,000 threshold;
therefore, these contracts are
established and approved using
procedures for purchases over
$25,000.
A formal RFP/Q must be developed at
least every three years by the lead
division which is responsible for managing
jobs within the specific category.
It is that division’s responsibility to
schedule and coordinate the RFP/Q
process with Purchasing.
RFP/Q’s will be reviewed by multi-
division/department review
committee/selection team. Members
will base their evaluation on pre-
established qualification criteria.
The Project Manager will collect and
tally the committee member’s results
of their evaluation and create a “short
list” of consultants to be interviewed.
Consultants who are on the “short list”
will be incited to meet with the
committee. During the interview
process the committee will individually
rank the consultants.
Once the committee has selected the
most qualified consultants, a master
contract with a general scope of work
must be presented to City Council/
Utility Board for approval and award of
a specific dollar amount.
Contracts may be established for up to
a three-year period. Extensions to such
contracts are not recommended as it
prevents new consultants from being
considered for small dollar jobs.
On-call contracts will be available for
Citywide use by any City department.
It is the responsibility of the originating
department to track all task orders
used against their master contract and
to ensure that the not-to-exceed
amount is not surpassed.
The department will use the formal RFP/Q
template located on the City’s Intranet,
Finance, Forms.
Project Manager to coordinate the notice
of publication dates with City Clerk
Department.
City Attorney Office, Purchasing, and
other staff as appropriate should review
the RFP/Q.
Notices for formal RFP/Q’s posted on the
City’s web page,
www.ci.azusa.ca.us, and published in the
newspaper at least 14 days prior to the
date of submittal.
There can only be one on-call master
contract per consultant per category.
Task orders shall be issued pursuant to
the master contract against the annual
not-to-exceed amount.
20
Public Works/Utilities Procurement & Agreement Processing
Consultant Agreements and Task Orders
On
– Ca
l
l
(T
a
s
k
Or
d
e
r
s
)
Amount $ Documents Approvals Req’d Procurement Method
< $5,000 Task Order
No Memo Public Works Department
(PW D) or Utility
Department (UD)
Rotational Basis
$5,000 - $25,000 Task Order
Memo to PW Accounting(1)
PWD/UD+City Manager
(CM)
Rotational Basis
> $25,000 - $125,000 Task Order
Council/Utility Staff Report PWD/UD+City Council
(CC)/Utility Board (UB)
Sec. 2-518(c)(3)
Min. 3 Quotations
> $125,000 Don’t use On-Call
Sec. 2-518(c)(4)
Ne
w
Ag
r
e
e
m
e
n
t
s
< $5,000 No P.O.(2) PWD/UD
Sec. 2-538(b)
Two Quotes
(Phone contacts)
$5,000 - $25,000
Agreement
Memo from PW /U Director
to City Manager
PWD/UD(3)+CM
Sec. 2-518(a)
Sec. 2-538(c)(2)&(3)
Min. 3 Proposals
Select Best Value
Sec. 2-538(c)(1)
> $25,000 Agreement
Council/Utility Staff Report
PWD/UD+CC/UB
Sec. 2-518(a)
Sec. 2-538(d)(6)
RFP/Q Process
Sec. 2-538(d)(1-5)
Amendments to Consultant Agreements and Consultant Task Orders
Agreement/T.O. Amount $ Documents Signatures Req’d
Agmnt/T.O. < $25,000
+
All Amendments
Up to $25,000 Amendment
Memo to PW /U
PWD/UD+CM
Sec. 2-518(b)(1)
> $25,000 Amendment
Council/Utility Staff
Report
PWD/UD+CC/UB
Sec. 2-518(b)(1)
Agmnt/T.O. > $25,000
+
All Amendments
< Total Approved Expenditure
(Including Contingencies)
Amendment(4)
Memo from PW D/UD to
City Manager
PWD/UD+CM
Sec. 2-518(b)(2)
> Total Approved Expenditure
(Including Contingencies)
Amendment(5)
Council/Utility Staff
Report
PWD/UD+CC/UB
Sec. 2-518(b)(2)
(1) If any exceptions to the selection process, a memo from PW D/UD to Purchasing is also required.
(2) Purchase order is required unless the total for the specific Vendor is less than $5,000 within the fiscal
year.
(3) For contracts under $25,000, if format deviates from CAO approved template, signature of the CAO is
required.
(4) Any single Amendment over $25,000 must be approved by the City Council/Utility Board. Sec.2-518(b)(2).
(5) All Amendments in this case must be approved by the City Council/Utility Board. Sec.2-518(b)(2).
21
Public Works/Utilities Procurement & Agreement Processing
Construction Contracts and Maintenance Task Orders
On
- Ca
l
l
Ma
i
n
t
e
n
a
n
c
e
Ta
s
k
Amount $ Documents Approvals Req’d Procurement Method
< $5,000 Task Order
No Memo Public Works Dept.
(PWD) or Utilities
Department (UD)
Rotational Basis
$5,000 - < $25,000 Task Order
Memo to PW /U Accounting(1)
PWD/UD + City
Manager (CM)
Min. 3 Quotations
Select the Lowest
$25,000 & Over Don’t use On-Call
Sec. 2-518(g)(1)
Ne
w
Co
n
t
r
a
c
t
s
< $5,000 No P.O.(2) PWD/UD
Sec. 2-518(e)
Two Quotes (by phone)
Sec. 2-529(a) & 2-531
$5,000 - < $30,000
Contract
Memo from PW D/UD City
Manager
PWD/UD+CM
Sec. 2-518(e)
Three Quotes
PCC - 22032
$30,000 - $125,000(5)
Contract
Memo from PW D/UD to
City Manager
PWD/UD+CM
Sec. 2-518(e)
Informal Bid Process
Sec. 2-529(b)
> $125,000(5) Contract
Council Staff Report PWD/UD+City Council
(CC)/Utility Board (UB)
Sec. 2-518(e)
Formal Bid Process
Sec. 2-529(c)
Change Orders to Construction Contracts and Maintenance Task Orders
Contract/T.O. Amount $ Documents Signatures Req’d
Contract/T.O. < $30,000
+
All Change Orders
< $30,000 Change Order or T.O.
Memo to PW /U
Accounting
PWD/UD (for T.O.
only) PWD/UD+CM
> $30,000 (This cannot happen)
Contract < $125,000(5)
+
All Change Orders
> $30,000 up to $125,000 Change Order(3)
Memo to PW /U
Accounting
PWD/UD+CM
Sec. 2-518(f)(1)(a)
> $125,000 Change Order(4)
Council/Utility Staff
Report
PWD/UD+CC/UB
Sec. 2-518(f)(1)(b)
Contract > $125,000(5)
+
All Change Orders
< Total Approved Expenditure
(Including Contingencies)
Change Order(3)
Memo from PW D/UD to
City Manager
PWD/UD+CM
Sec. 2-518(f)(2)(a)
> Total Approved Expenditure
(Including Contingencies)
Change Order(4)
Council/Utility Staff
Report
PWD/UD+CC/UB
Sec. 2-518(f)(2)(a)
(1) If any exceptions to the selection process, a memo from PW Director to Purchasing is also required.
(2) Purchase Order is required unless the total for the specific Vendor is less than $5,000 within the fiscal year.
(3) Any single Change Order over $25,000 must be approved by the City Council, except for emergencies. Sec.2-
518(f)(1)(c).
(4) All Change Orders in this case must be approved by the City Council. Sec.2-518(f)(1)(b).
(5) $150,000 for enterprise-funded projects. Enterprise funded projects > $150,000 require Utility Board approval.
22
Sole Source Vendor Justification
Attach to all Sole Source Purchases exceeding $5,000.00
Purchase Request No: ____________________________________
Vendor’s Name: ______________________________________________________________
Item/Service being purchased: ___________________________________________________
One of a Kind The commodity or service has no competitive product (one of a
kind); is only available from one vendor.
No Substitute A component or replacement part has no substitute; can only be
obtained from one vendor.
Follow up Service ONLY ONE VENDOR is able to provide service to this item.
Emergency Urgent need for the item or service does not permit soliciting
competitive bids, as in cases of emergencies, disaster, etc.
Manufacturer Direct Product or service can only be obtained from this vendor
because it is from the manufacturer or from a manufacturer
certified dealer/repair center.
Explain why this vendor is the only one able to provide the service/good.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Requested by: __________________________________ Department: ________________________
Department Head Signature: ___________________________________________