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267 ORDINANCE NO. 267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA REPEALING IN THEIR ENTIRETY ORDINANCE NO. 95 AND CHAPTER 3.24 OF THE MUNICIPAL CODE AND ADOPTING AN ORDINANCE ESTABLISHING A NEW CHAPTER 3.24 (PURCHASING SYSTEMS) OF TITLE 3 OF THE MUNICIPAL CODE WHEREAS, California Government Code Section 54202 every local agency to adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency. WHEREAS, California Government Code Section 4526 provides that professional services may be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. WHEREAS, on August 22, 1985, the City Council of the City of Grand Terrace adopted Ordinance No. 93 adding Chapter 3.24 (Purchasing of Supplies and Equipment) to Title 3 of the Municipal Code. WHEREAS, the City Council of the City of Grand Terrace desires to have an updated ordinance governing purchases. NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows: SECTION 1. Ordinance No. 93 and Chapter 3.24 of the Municipal Code are repealed in their entirety, and a new Chapter 3.24 (Purchasing System) to Title 3 of the Municipal Code is adopted, as follows: Chapter 3.24 Purchasing System Sections: 3.24.010 - Purchasing System Adopted. 3.24.020 - Definition of Terms. 3.24.030 - Purchasing Function Established. 3.24.040 - Purchasing Officer Designated. 3.24.050 - Exemptions from Centralized Purchasing. - 3.24.060 - Public Projects Exemptions. 3.24.070 - Purchases under Ten Thousand Dollars. Chapter 3.24 — Page 1 for exception due to hardship, or other unique circumstances that have arisen as a result of this ordinance is approved by the City Council of the City of Grand Terrace. Any request for exception shall be outlined in a letter accompanied by the City's application for appeal and filing fee, as determined in the City's adopted fee resolution with the City Clerk's office. The matter shall be heard through a public hearing and processed under the provisions of the Grand Terrace Municipal Code. SECTION 17. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. SECTION 18. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Urgency Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 3.24.080 - Formal Contract Procedure, Purchases Greater Than Ten Thousand Dollars. 3.24.090 - Professional and Contractual Services. 3.24.100 - Encumbrance of Funds. 3.24.110 - Inspection and Testing of Supplies, Materials and Equipment. 3.24.120 - Surplus Supplies, Materials and Equipment. 3.24.130 - Bid Splitting Prohibited. 3.24.140 - Equipment Leasing Agreements. 3.24.150 - Maintenance Agreements. 3.24.160 - Cooperative Purchasing Agreements with County or Other Agencies 3.24.170 - "Piggyback" Purchases. 3.24.180 - Exceptions to Competitive Bidding Requirement. 3.24.010 - Purchasing System Adopted. In order to establish efficient procedures for the purchase of supplies, materials, equipment or services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted. 3.24.020 - Definition of Terms. The following terms, whenever used in this chapter, shall be construed as follows: A. "Bidders' List" means a current file of sources of supply of articles for each category of commodities repetitively purchased for city use. B. "Department" means any department, agency, commission or other unit of the city government, which derives its support wholly or in part from the city or an entity associated with the city for which separate financial statements are required. C. "Lowest Responsible Bidder" means in addition to price, the "lowest responsible bidder"will be determined after the following factors have been considered: 1. The ability, capacity and skill of the bidder to perform the contract or provide the service required; 2. Whether the bidder has the facilities to perform the contract or provide the service promptly, or within the time specified, without delay or interference; Chapter 3.24— Page 2 esult of this ordinance is approved by the City Council of the City of Grand Terrace. Any request for exception shall be outlined in a letter accompanied by the City's application for appeal and filing fee, as determined in the City's adopted fee resolution with the City Clerk's office. The matter shall be heard through a public hearing and processed under the provisions of the Grand Terrace Municipal Code. SECTION 17. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. SECTION 18. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Urgency Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The bidders record of performance of previous contracts or services; 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; 7. The quality, availability and adaptability of the supplies, equipment or service to the particular use required; 8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; 9. The number and scope of conditions attached to the bid. D. "Open Market" means and pertains to purchases or transactions that are executed without recourse to formalized purchasing procedure. E. "Over the Counter" means and pertains to purchases or transactions that are executed without recourse to competitive bidding and without a purchase order. F. "Professional and Contractual Services" means services of engineers, architects, accountants, attorneys, doctors, consultants and other persons or businesses with specialized scientific, expert, technical, or other skills of a similar nature. G. "Purchases" means the purchases of supplies, materials, equipment or services shall include leases or rentals as well as transactions by which the city acquires ownership. H. "Purchase Order" means a document which authorizes the delivery of specified merchandise or the rendering of certain service and the making of a charge for such merchandise or service. I. "Requisition" means a written demand or request from the using department to the purchasing agent for specified article or service. J. "Responsible Bid" means an offer, submitted by a responsible bidder to furnish supplies, materials, equipment or services in conformity with the specifications, delivery terms and conditions and other requirements included in the invitation for bids. • Chapter 3.24— Page 3 tion shall be outlined in a letter accompanied by the City's application for appeal and filing fee, as determined in the City's adopted fee resolution with the City Clerk's office. The matter shall be heard through a public hearing and processed under the provisions of the Grand Terrace Municipal Code. SECTION 17. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. SECTION 18. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Urgency Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 K. "Responsible Bidder" means a bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms. L. "Services" means any and all services including but not limited to the following: the repair or maintenance of equipment, machinery and other city-owned or operated property. The term does not include services rendered by city officers or employees, or professional and other contractual services which are in their nature unique and not subject to competition. M. "Specifications" means a formulated, definite and complete statement of what is required by the city of the vendor, in the way of composition, construction, utility, durability, efficiency, texture, shape, form or dimension. N. "Supplies, Materials and Equipment" means any and all articles or things which shall be furnished to or used by any Department, including all printing, binding, publications, stationery, forms, journals or reports. O."Using Department" means the department that uses the supplies, materials, equipment or services obtained pursuant to a particular purchase. 3.24.030 - Purchasing Function Established. There is created a centralized purchasing function, in which is vested authority for the purchase of supplies, materials, equipment or services. 3.24.040 - Purchasing Officer Designated. A function of purchasing officer is hereby created and shall be appointed by the city manager. The purchasing officer may delegate purchasing duties. The duties of the purchasing officer may be combined with those of any other office or position. A. The purchasing officer shall have the powers and duties as follows: 1. Purchase or contract for supplies, materials, equipment or services required by any office or department of the city in accordance with purchasing procedures prescribed by this section, and such other rules or regulations as shall be prescribed by the city council; 2. Act to procure for the city the needed quality in supplies, materials, equipment or services at least expense to the city; 3. Discourage uniform bidding, and endeavor to obtain as full and open competition as possible on all purchases; Chapter 3.24— Page 4 sions of the Grand Terrace Municipal Code. SECTION 17. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. SECTION 18. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Urgency Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 4. Prepare and recommend to the city manager and city council rules governing the purchase of supplies, services and equipment for the city; 5. Keep informed of current developments in the field of purchasing prices, market conditions and new products; 6. Prescribe and maintain such forms as are reasonably necessary to the operation of this section and other rules and regulations; 7. Recommend the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment which cannot be used by any department, or which have become unsuitable for city use. 3.24.050 - Exemptions from Centralized Purchasing. The city manager may authorize any city department to purchase or contract for specified supplies, materials, equipment or services but the purchasing officer shall require that such purchases or contract be made in conformity with the procedures established by this section, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization. 3.24.060 - Public Projects Exemptions. This chapter is expressly made inapplicable to bids for public projects governed by the procedures in Public Contract Code Section 20100 et seq. The provisions contained in Public Contract Code Section 20100 et seq. establish the contract procedures the city shall follow regarding public projects. 3.24.070 - Purchases under Ten Thousand Dollars. Purchase of supplies, materials, equipment or services not exceeding an estimated value of ten thousand dollars ($10,000) may be made by a city Department in the open market, pursuant to the procedure prescribed in this ordinance; provided, however, all quotation may be dispensed with in an emergency, or where said goods and/or services can be obtained from only one source. A using department is responsible for insuring there is a sufficient appropriation in the budgetary account against which said purchase is to be charged. • A. Using Department shall follow the following procedure when making an open market purchase: 1. Purchases under ten thousand dollars shall, whenever possible, be based on at least three (3) informal quotations and shall be awarded to the vendor submitting the lowest responsible quotation. Chapter 3.24— Page 5 Municipal Code. SECTION 17. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. SECTION 18. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Urgency Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 2. Solicit quotations from prospective vendors by written request, electronic mail or by telephone. 3. Written quotations shall be submitted to the using department, which shall keep a record of all open-market orders and quotes for a period of one year after the submission of quotes or the placing of orders. 4. Where written contracts are entered into for purchases made under this section, the department head is authorized to execute such contracts on behalf of the city. Such purchases shall be made only by purchase order. A copy of the executed contract shall be maintained on file in the offices of the requesting department. 5. Using departments shall submit standard purchase order requisition forms to the purchasing officer when requesting goods and services pursuant to this section. B. Notwithstanding subsection "A" above, purchases of supplies, materials, equipment or services not exceeding an estimated value of five hundred dollars ($500) may be made over the counter by a department head without requirement for quotations or comparative pricing. Furthermore, such goods and services may be obtained without a purchase order. 3.24.080 - Formal Contract Procedure, Purchases Greater Than Ten Thousand Dollars. Except as otherwise provided herein, purchases of supplies, materials, equipment or services with a value greater than ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder, pursuant to the procedure prescribed in this section. Written contracts may be required when in the judgment of the city manager the public interest is served thereby. A. Notice inviting bids shall include a general description of the articles to be purchased and shall state where bid documents and specifications may be obtained and the time and place for opening bids. 1. Notice Inviting Bids. Notice inviting bids shall be published by the city clerk at least ten (10) days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city. 2. Bidders' List. The City shall also solicit sealed bids from responsible prospective suppliers whose names are on the bidders' list. B. Bidders' Security. When deemed necessary by the purchasing agent, bidders' security shall be required.'Bidders shall be entitled to return of bid security Chapter 3.24— Page 6 any person or circumstance, is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. SECTION 18. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Urgency Ordinance is not subject to environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 upon execution of the contract or upon the readvertisement for bids; provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. 'If the city council awards the contract to the next lowest bidder, the bidder first awarded the contract shall forfeit only the portion of his security, which is equal to the difference between his bid and the bid of the next lowest responsible bidder. If the next lowest bidder is awarded the contract and he fails or,refuses to execute the contract, he shall forfeit his entire bid security. C. Bid Opening Procedure. Sealed bids shall be submitted to the city clerk, and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. D. Rejection of Bids. At its discretion, the city council may reject any and all bids presented, and re-advertise for bids. E. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder except as otherwise provided herein. A master copy of the contract is to be on file in the city clerk's department upon execution of the contract. F. Award of Contracts by City Manager. The city manager is authorized to award contracts to the lowest responsible bidder when the city council has budgeted funds for the item(s) and the amount of the award is not more than the budgeted amount. All contracts awarded pursuant to this section shall require issuance of a purchase order. G.Tie Bids. If two or more bids received are for the same total amount or unit price, quality, service and delivery being equal, and if the public interest will not permit the delay of re-advertising for bids, the city council may accept the one it chooses, or accept the lowest bona fide offer by negotiation with the tie bidders at the time of the bid opening. H. Performance Bonds. The city shall have authority to require a performance bond before entering a contract, in such amount as it shall be found reasonably necessary to protect the best interests of the city. If the city requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. I. Single Source Purchases. Single source purchase of goods or services that can be obtained from only one source may be made by a city Department or Chapter 3.24— Page 7 ironmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 the purchasing officer without advertising and after approval by the city council. J. Waiver of Formal Bidding Requirement. The city council may authorize purchase of supplies, materials, equipment or services of a value greater than ten thousand dollars without complying with the above procedures when in the opinion of the council, compliance with the procedure is not in the best interest of the city. 3.24.090 - Professional and Contractual Services. Contracts for services of specially trained and professional persons or businesses shall be exempt from bidding. If possible, quotes from three (3) qualified vendors shall be obtained prior to the award of a contract and the award of contract may be based on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. If the contract is equal to or below ten thousand dollars, the contract shall require the approval of, and be executed by, the city manager. All contracts exceeding ten thousand dollars must be approved by the city council. 3.24.100 - Encumbrance of Funds. Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies, equipment, or services for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged. 3.24.110 - Inspection and Testing of Supplies, Materials and Equipment. The city may inspect supplies, materials and equipment delivered to determine their conformance with the specifications set forth in the order or contract. The city shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries, which are necessary to determine their quality and conformance with specifications. 3.24.120 - Surplus Supplies, Materials and Equipment. All using departments shall submit to the purchasing officer, at such times and in such forms as he shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out. The using department, with the concurrence of the purchasing officer, shall have authority to sell all supplies, materials and equipment which cannot be used by any department, or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment. The purchasing officer shall also have the authority to make transfers between departments of any usable surplus supplies, materials or equipment. The sale of supplies, materials or equipment when the total estimated value exceeds ten thousand dollars requires approval by the city council. Chapter 3.24— Page 8 can be obtained from only one source may be made by a city Department or Chapter 3.24— Page 7 ironmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 • J r Surplus supplies, materials or equipment which cannot be sold may be donated to a local not-for-profit organization with approval of the,city manager. 3.24.130 - Bid Splitting Prohibited. Splitting orders of supplies, materials, equipment or services into smaller or separate orders for the purpose of evading the competitive bidding provisions of this chapter are prohibited. 3.24.140 - Equipment Leasing Agreements. A. As used in this section: 1. "Leasing of nonpurchasable equipment" means equipment which is available through "lease only" plans; 2. "Leasing purchasable equipment" means equipment which can be acquired through "lease with option to purchase"type plans; B. Equipment Leasing. Leasing of purchasable or nonpurchasable equipment shall be in accordance with subsections 3.24.070 through 3.24.080 of this section. 3.24.150 - Maintenance Agreements. A. As used in this section, "maintenance agreements" means agreements with maintenance service providers for the maintenance of city equipment in good operating condition subject to terms and conditions agreeable to both the provider and the city. B. Maintenance agreements shall be signed or terminated before agreement expiration by the purchasing agent with prior approval of the department head responsible for the equipment. 3.24.160 - Cooperative Purchasing Agreements with County or Other Agencies. Nothing contained in this section shall prohibit the voluntary participation by the city in any voluntary cooperative purchasing agreement(s) or programs entered into between the city and the state, county, and other municipalities situated within the boundaries of the county, and the purchasing agent is empowered and authorized to act under the provisions of this section, to procure for the city supplies and equipment in conjunction with such voluntary cooperative purchasing agreement(s) or programs as may be entered into by the city. All formal contract and bidding procedures to be followed in such cases shall be those specifically enumerated in the voluntary cooperative purchasing agreement or program. Chapter 3.24— Page 9 hority to sell all supplies, materials and equipment which cannot be used by any department, or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment. The purchasing officer shall also have the authority to make transfers between departments of any usable surplus supplies, materials or equipment. The sale of supplies, materials or equipment when the total estimated value exceeds ten thousand dollars requires approval by the city council. Chapter 3.24— Page 8 can be obtained from only one source may be made by a city Department or Chapter 3.24— Page 7 ironmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 3.24.170 - "Piggyback" Purchases. Nothing contained in this section shall prohibit the city from purchasing supplies, materials, equipment or services without complying with the herein bidding procedure, from a supplier who offers the same or better price, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency, provided that the competitive procurement process of the other agency meets or exceeds the standards of the city, is for like or greater quantities, includes all known bidders and that, in the opinion of the purchasing agent, it is in the best interest of the city. This procurement practice is commonly referred to as "piggyback" purchasing. 3.24.180 - Exceptions to Competitive Bidding Requirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding provisions of this chapter may be dispensed with when contracts which by their nature do not lend themselves to award by competitive bidding such as, but not limited to: A. Repairs and/or maintenance of equipment which requires unique skills, abilities or training. B. Equipment which must be used in order to be compatible with existing city equipment. C. Perishable goods. D. Insurance where obtaining broker quotes is impracticable. E. Computer hardware, software and d licenses which are uniformly priced or have, a standard governmental price. F. Supplies, materials or equipment which can be obtained at a favorable price as a result of other governmental purchasing programs. G. Emergency is found to exist and the city council authorizes the purchase of supplies, materials, equipment or services where it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. H. Such other circumstances as the city council,may determine and document that will result in cost savings greater than those which would result from the use of customary bidding process. Chapter 3.24— Page 10 y cooperative purchasing agreement or program. Chapter 3.24— Page 9 hority to sell all supplies, materials and equipment which cannot be used by any department, or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment. The purchasing officer shall also have the authority to make transfers between departments of any usable surplus supplies, materials or equipment. The sale of supplies, materials or equipment when the total estimated value exceeds ten thousand dollars requires approval by the city council. Chapter 3.24— Page 8 can be obtained from only one source may be made by a city Department or Chapter 3.24— Page 7 ironmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 ATTEST: City Clerk ftf the City of Gran errace Mayor of the ity of Grand Terrace and of the City Council thereo and of the City Council thereof I, Tracey Martinez, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council on the 13t" of November 2012, and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27th day of November 2012, by the following vote: AYES: Councilmembers McNaboe,alidylays; Mayor Pro Tem Garcia and Mayor Stanckiewitz NOES: None ABSENT: Councilmember Sandoval ABSTAIN: None Tracey M inez, CityCler Approved as to form: Richard L. Adams, City Attorney Chapter 3.24 — Page 11