2022/05/24 City Council Resolution 2022-052 RESOLUTION NO. 2022-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE PURCHASING POLICY TO GRANT THE ASSISTANT CITY
MANAGER THE SAME PURCHASING AUTHORITY AS THE CITY MANAGER
WHEREAS; Government Code sections 54201 et seq. govern purchasing by local
governmental bodies and require that every local agency adopt policies and procedures to govern
their purchases of supplies and equipment;
WHEREAS,the City Council of Rohnert Park has adopted Chapter 3.04, "Purchasing
Program,"by ordinance of the City Council, providing that purchasing policies of the City may
be adopted and amended by resolution of the City Council; and
WHEREAS, the City Council adopted the current Purchasing Policy by Resolution
2022-03 on January 11, 2022; and
WHEREAS, the City Manager has delegated the task of signing contracts and
agreements to the Assistant City Manager; and
WHEREAS, staff recommend that the Council revise the Purchasing Policy to grant the
Assistant City Manager the same purchasing authority as the City Manager to allow the Assistant
City Manager to review, approve and execute any agreements, contracts, change orders, task
orders and contract amendments;
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the attached Purchasing Policy, which is incorporated by this
reference as though set forth in full, as the policy which shall supersede prior policies and shall
govern the City's purchasing functions pursuant to Chapter 3.04, "Purchasing Program,"of Title
3, "Revenue and Finance,"of the Rohnert Park Municipal Code.
DULY AND REGULARLY ADOPTED this 24th day of May, 2022.
CITY OF ROHNERT PARK
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TABLE OF CONTENTS
CHAPTER 1. GENERAL INFORMATION ............................................................... PAGE 3
1.1 CONTROLLING REGULATIONS ........................................................................... PAGE 3
1.2 ETHICS AND ACCOUNTABILITY .......................................................................... PAGE 3
1.3 PURCHASING AGENT RESPONSIBILITIES ............................................................ PAGE 4
1.4 DEPARTMENT RESPONSIBILITIES ...................................................................... PAGE 4
CHAPTER 2. ENCUMBRANCE OF FUNDS ........................................................... PAGE 5
CHAPTER 3. PURCHASING METHODS................................................................ PAGE 5
3.1 PETTY CASH ................................................................................................... PAGE 5
3.2 CREDIT CARDS ............................................................................................... PAGE 6
3.3 PURCHASE REQUISITIONS ................................................................................ PAGE 7
3.4 PURCHASING LIMITS ........................................................................................ PAGE 7
3.5 CONTRACTS FOR GOODS AND SERVICES .......................................................... PAGE 7
3.6 TYPES OF CONTRACTS .................................................................................... PAGE 8
A. STANDING SUPPLY AGREEMENTS .............................................................. PAGE 8
B. MASTER SERVICE AGREEMENTS ................................................................ PAGE 9
C. COOPERATIVE PURCHASE AGREEMENTS .................................................... PAGE 9
D. CONSULTANT AND PROFESSIONAL SERVICES AGREEMENTS ......................... PAGE 9
E. CONTRACTS FOR NON-PUBLIC WORKS PROJECTS, GOODS AND
GENERAL SERVICES ................................................................................. PAGE 9
F. CONTRACTS FOR PUBLIC PROJECTS ........................................................ PAGE 10
3.7 CHANGE ORDERS, TASK ORDERS, AND CONTRACT AMENDMENTS .................... PAGE 11
3.8 URGENT AND EMERGENCY PURCHASES .......................................................... PAGE 12
CHAPTER 4. INFORMAL COMPETITIVE PRICING – GOODS AND
SERVICES (NON-PUBLIC WORKS PROJECTS) .......................... PAGE 13
4.1 COMPETITIVE QUOTES ................................................................................... PAGE 13
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CHAPTER 5. FORMAL COMPETITIVE PRICING – GOODS AND SERVICES
(NON-PUBLIC WORKS PROJECTS) ............................................. PAGE 13
5.1 REQUEST FOR PROPOSALS (RFP) .................................................................. PAGE 13
5.2 INVITATION FOR BID (IFB) .............................................................................. PAGE 14
CHAPTER 6. LOCAL VENDOR/BIDDERPREFERENCE ..................................... PAGE 14
CHAPTER 7. EXEMPTIONS FROM COMPETITIVE PRICING ............................. PAGE 14
7.1 PURCHASES NOT READILY ADAPTABLE TO COMPETITIVE PRICING ........................ PAGE 14
7.2 SOLE SOURCE PURCHASES ............................................................................. PAGE 14
CHAPTER 8. PURCHASE SPECIFICATIONS ..................................................... PAGE 15
CHAPTER 9. DISPOSAL OF SURPLUS PROPERTY ......................................... PAGE 15
9.1 PROPERTY W ITH NO SALVAGE VALUE ............................................................ PAGE 16
9.2 UNCLAIMED, SEIZED OR ABANDONED PROPERTY ............................................. PAGE 16
9.3 REPORTING .................................................................................................. PAGE 16
9.4 DONATIONS OF SURPLUS PROPERTY .............................................................. PAGE 16
CHAPTER 10. PURCHASE AND USE OF RECYCLED PRODUCTS ..................... PAGE 16
10.1 RECYCLED PRODUCTS ................................................................................. PAGE 16
CHAPTER 11. CAPITAL EQUIPMENT .................................................................. PAGE 17
CHAPTER 12. INFORMATION TECHNOLOGY-RELATED PURCHASES ............ PAGE 17
CHAPTER 13. RISK MANAGEMENT ..................................................................... PAGE 1 7
CHAPTER 14. CONTRACTOR’S OPERATING REQUIREMENTS ........................ PAGE 1 8
APPENDIX – DEFINITION OF TERMS ................................................................... PAGE 19
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CHAPTER 1. GENERAL INFORMATION
1.1. CONTROLLING REGULATIONS
Controlling regulations for the Purchasing function are set forth in the City of Rohnert
Park Municipal Code, and California Government Codes Sections 54202 and 54203. In
the event of any conflict between the Purchasing Policies and the City of Rohnert Park
Municipal Code and/or any City Council Resolution, then the Municipal Code or City
Council Resolution shall take precedence.
1.1.1. Purchasing Policies shall be modified by means of periodic Resolution of the
City Council.
1.1.2. Nothing within the Purchasing Policies shall be construed as requiring a
department, purchaser, or contractor to procure products that do not perform
adequately for their intended use, exclude adequate competition, or are not
available at a reasonable price in a reasonable period of time. Additionally,
nothing within the Purchasing Policies shall be construed as requiring the City,
department, purchaser, or contractor to take any action that conflicts with local,
State, or federal requirements.
1.1.3. Purchasing procedures may be developed and/or modified to facilitate
compliance with Purchasing Policies, subject to City Manager approval.
1.1.4. Purchases related to the conduct of Public Projects may be subject to
additional and/or different requirements, as described in these Policies.
1.2. ETHICS AND ACCOUNTABILITY
Purchasing Policies are developed under the authority of Chapter 3.04 Purchasing
Program of the City of Rohnert Park Municipal Code. The City Manager (or his/her
designee) serves as the Purchasing Agent, and is charged with the responsibility and
authority for coordinating and controlling the City’s purchasing function in accordance
with Purchasing Policies.
1.2.1 The Purchasing Agent and all departments shall adhere to the Purchasing
Policies when procuring materials, supplies, equipment, vehicles and
services. All purchases shall be limited to the approved budget or as otherwise
authorized by City Council, City Manager, or Assistant City Manager.
Purchasing dollar limits specified in the Purchasing Policies are “per order”
unless otherwise indicated.
1.2.2 Applicable competitive bidding categories, authorization limits or contract
award procedures will be based on unit cost, total purchase cost for
consolidated bid items, or fiscal year aggregates in the case of standing
purchase orders or similar ongoing purchasing arrangements. Staging of
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purchases to avoid competitive bidding procedures or authorization limits is
prohibited.
1.2.3 All personnel engaged in the purchasing function shall exercise good
judgment in the use and stewardship of City resources, and all Purchasing
functions shall be conducted with absolute integrity and objectivity. Purchases
are subject to public scrutiny; employees shall follow a strict rule of personal
conduct that will not compromise the City in the conduct of its business. Any
employee intentionally and/or repeatedly making purchases in a manner that
circumvents ignores or fails to comply with the Purchasing Policy will be
subject to disciplinary action, in accordance with City Personnel procedures.
1.3. PURCHASING AGENT RESPONSIBILITIES
The City Manager or his/her designee shall act as the City’s Purchasing Agent. The
Purchasing Agent is responsible for procurement of materials, supplies, equipment,
vehicles and services; administration of Purchasing Policy and procedures; and
management of surplus City property. To perform these functions efficiently and assist
departments, the Purchasing Agent shall:
A. Coordinate and manage procurement of the City’s materials, supplies,
equipment, vehicles and services from the lowest responsive and responsible
bidder when required by the Purchasing Policies.
B. Ensure full and open competition on all purchases as required by the
Purchasing Policies, and make purchase award recommendations to the
appropriate authority.
C. Identify, evaluate and utilize purchasing methods that best meet the needs of
the City (cooperative purchases, standing purchase orders, contractual
agreements, etc.).
D. Recommend revisions to Purchasing Policy and procedures when necessary,
and keep informed of current developments in the field of Public Purchasing.
E. In consultation with the Finance Director act as the City’s agent in the transfer
and disposal of surplus equipment and materials.
1.4. DEPARTMENT RESPONSIBILITIES
Each Department is responsible for facilitating prudent, efficient and cost-effective
purchases. To meet these responsibilities, Departments shall:
A. Ensure staff is trained on the terminology and requirements set forth in the
Purchasing Policy and procedures.
B. Each Department Head shall provide a list with sample signature to the
Finance Director and Purchasing Agent of staff authorized to approve
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requisitions, blanket or standing purchase orders, authorize confirming
purchase orders, invoices and the dollar limit for each individual.
C. Minimize urgent and sole source purchases, and provide written findings and
documentation when such purchases may be necessary.
D. Prohibit splitting orders or projects for the purpose of avoiding procurement
requirements or authorization limits.
E. Anticipate requirements sufficiently in advance to allow adequate time to
obtain goods in accordance with best purchasing practices.
F. Maximize coordination of purchases to take advantage of cost savings for bulk
purchases of commonly used goods and services.
G. Identify the account from which purchases will be made and provide evidence
that encumbrance appropriation are available in the budget.
H. Provide a business justification for each purchase.
I. Provide appropriate documentation that goods or services have been
received, including properly signed off packing/receiving slips and
confirmation that items have been received in good condition.
J. Invoices related to contracts or purchases authorized by the City Council or
City Manager or Assistant City Manager can be approved for payment by the
Department Head or their designee.
CHAPTER 2. ENCUMBRANCE OF FUNDS
Except in emergency or urgent situations, the Purchasing Agent shall not issue any
Purchase Order nor shall any contract be approved for materials, supplies, equipment,
vehicles or services unless there exists an unencumbered appropriation in the department
budget against which said purchase or contract is to be charged. Funds shall be
encumbered by means of Purchase Order for all purchases exceeding $3,000.
CHAPTER 3. PURCHASING METHODS
3.1 PETTY CASH
Departments may request petty cash for use in purchasing small or immediately needed
items, for expenditures that would be impractical to process through the Purchase Order
system. Petty cash “banks” may be established and maintained for this purpose as
authorized by the City Manager or Finance Director.
A. Department Heads or designee shall be responsible for assuring compliance
with the petty cash policy and procedures, and for the security of petty cash in
the Department.
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B. Each Department that requests a petty cash banks shall appoint a custodian
of the bank that is responsible for controlling the bank and requesting
reimbursement to replenish funds.
C. Department staff may make small or urgent purchases in amounts not to
exceed $50 per request. Multiple petty cash slips shall not be used to “split”
orders so as to circumvent this limit.
D. Petty cash slips shall include the business justification for the purchase, and
be signed by appropriate supervisory staff.
E. Petty cash may not be “loaned” to any individual for any reason.
Department’s petty cash “bank” will be replenished based on submittal of signed petty
cash slips and receipts to Finance for expenditures made. The Finance Department
shall periodically audit Department’s petty cash “bank”.
3.2 CREDIT CARDS
Under certain circumstances, use of a City credit card may be the most appropriate
method for purchases.
3.2.1. City credit cards will be distributed on an as-needed basis to staff at the
discretion of the Department Heads. Delegated spending authority will be
consistent with or lower than spending limits for Purchase Orders.
3.2.2. City credit cards shall be utilized for purchase of supplies and materials, and
shall not be used to contract for or purchase services, including professional
services.
3.2.3. All purchases by credit card shall be shipped or delivered to a City address.
3.2.4. All credit card purchases must be documented in the same fashion as regular
purchases including properly signed off packing/receiving slips, confirmation
that goods have received in good condition and business justifications for the
purchases.
3.2.5. If sales tax has not been paid at the time of purchase, this must be noted so
that Finance can ensure that sales/use tax is paid to the State.
3.2.6. Use of the City credit card for personal purchases, cash advances or to
purchase alcohol is prohibited.
3.2.7. Failure to comply with established procedures may result in discontinuance of
use of the credit card by the employee/department, and may subject the
employee to disciplinary action, in accordance with City Personnel
procedures.
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3.3 PURCHASE REQUISITIONS
Departments shall submit requests for goods and equipment to the Purchasing Agent by
standard Requisition Form. Signature authority for Requisitions shall be the same as that
for Purchase Orders.
3.3.1 Departments shall submit completed Requisitions for purchases in excess of
$3,000 that have yet to be made and for which the Purchasing Agent shall
complete the purchase.
3.4 PURCHASING LIMITS
3.4.1 Authorized approvers of Requisitions and Contracts shall be limited as
indicated in the table below:
$1 to $1,000 Staff as delegated by Department Head
$1 to $3,000 Supervisor/Manager as delegated by Dept. Head
$1 to $15,000 Department Head, includes contracts
$1 to $100,000 City Manager/Assistant City Manager, includes contracts
Informal Bid Limit City Manager/Assistant City Manager, Construction
Projects threshold as defined by California Uniform Public
Construction Cost Accounting Act (CUPCCAA) as set
forth in Public Contract Code section 22032, as it may be
amended from time to time.
3.5 CONTRACTS FOR GOODS AND SERVICES
3.5.1 City contracts shall be consistent with State and federal laws, and shall be fully
executed prior to the performance of any contract work. Each contract shall
be approved as to form by the City Attorney, unless such contract is developed
consistent with a template pre-approved as to form by the City Attorney (in
which case the individual contract need not receive separate attorney
approval).
3.5.2 Contract signature authority shall be aligned with that for purchasing limits, as
designated in the Rohnert Park Municipal Code, Section 3.04, and as per
contract. The City Manager, Assistant City Manager or designee may execute
any contract for which authorization has been granted pursuant to Ordinance,
Resolution, or other action of the City Council, providing sufficient
unencumbered funds exist. Contracts or Agreements related to transfer of title
to real property must be signed by the Mayor or designee. Any contract made,
or purported to be made, by the City in violation of this section shall be void
and of no force or effect.
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3.5.3 The term or life of an Agreement shall be set, including, e.g., dates for required
performance, with dates for phase completion if applicable, as well as for
overall project completion. An Agreement may be made for a project in which
completion of required work extends beyond one year; such an Agreement is
not considered a multi-year agreement in the context of this Policy.
3.5.4 Multi-year agreements are encouraged for ongoing general services and
consultant/professional services with a defined scope of work such as, but not
limited to, janitorial and landscape maintenance, attorneys and accountants,
and printing. The annual value of multi-year contracts and single year
contracts with options to renew shall be considered in obtaining the
appropriate signature authority. Any renewal periods for such contracts shall
require a contract amendment, including proper signatures, executed prior to
performance of the additional work or provision of the additional goods.
3.5.5 The City Manager, Assistant City Manager, or designee may approve
alternative selection, evaluation, and award procedures for a specific contract
or class of contracts (except as provided herein), if available information
demonstrates that a substantial cost savings, enhancement in quality or
performance, or other public benefit will result from use of the alternative
contracting method. The alternative contracting method shall meet the
purpose and goals of the Purchasing Policies and shall substantially promote
the public interest in a manner that could not be achieved by complying with
the competitive procurement methods otherwise available under the
Purchasing Policies.
3.5.6 In event of emergency or urgent circumstances City Manager and Assistant
City Manager has the authority to authorize service contracts and follow up
with City Council at the earliest opportunity. Except in an emergency or urgent
circumstance, as approved by the City Manager, no work shall commence,
until all required contract documentation (e.g., insurance certificates and
endorsements, licenses, permits) has been provided to the City.
3.6 TYPES OF CONTRACTS
A. Standing Supply Agreements - Department Heads, or designees, may
negotiate Standing Supply Agreements with vendors for purchase of
repetitive-use, non-capital equipment as defined in Chapter 11 “Capital
Equipment” of the Purchasing Policy, items common to one or several
departments. The Purchasing Agent will coordinate Standing Supply
Agreements and process transactions by means of Purchase Order; signature
authority and dollar values apply accordingly.
B. Master Service Agreements – Department Heads may establish Master
Service Agreements with specific vendors to provide services over time. A
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Contract/Task Order including a written outline of the scope of work and
payment terms is required for services made through Master Service
Agreements; a new contract for each purchase is unnecessary. Contract
dollar limits and signature authority are applicable, and requirements such as
insurance and indemnification may vary depending on the type of service
required. Funds shall be encumbered in an adequate amount to complete the
task or order; unused funds will be unencumbered following completion of the
purchase.
C. Cooperative Purchase Agreements - The Purchasing Agent has the
authority to: join with other public jurisdictions in Cooperative Purchasing
Agreements; buy directly from a vendor at a price established by competitive
bidding by another public jurisdiction in substantial compliance with this
document, even if the City has not joined with that public agency in a formal
agreement; and, purchase from the United States of America, any state,
municipality or other public corporation, or agency, without following formal
purchasing procedures as defined in the Purchasing Policy. A Purchase
Order is required for purchases made through Cooperative Purchase
Agreements, subject to approvals and dollar limitations accordingly.
D. Consultant and Professional Services Agreements - The City Manager or
designee shall prescribe the procedures governing the solicitation and
selection of proposals, and award of consultant service Agreements, including
professional services. Contracts may be awarded through a competitive or
negotiated process based on solicitation of qualifications and proposals of at
least three providers (which may be waived at the discretion of the City
Manager or Assistant City Manager based on State law, and for sole source,
urgent and emergency purchases, or as otherwise provided in the Purchasing
Policy). Such procedures shall have the express purpose of obtaining
contractual services of the highest quality together with the most cost-effective
pricing. Proposals and/or Qualifications solicited for Professional Services
shall be evaluated based on criteria other than pricing, as defined in the
solicitations (such as demonstrated competence and professional
qualifications), and the City may then negotiate with the most responsive and
responsible vendor
For grant funded projects, the City shall follow any procurement requirements
imposed under the grant agreement or required for use of grant funding. For
state and federally funded transportation projects, the City shall procure
architectural and engineer services agreements in accordance with the State
of California Department of Transportation Local Assistance Procedures
Manual, Chapter 10, as may be subsequently amended, in order to maintain
eligibility for reimbursement.
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E. Contracts for Non-Public Works Projects, Goods, and General Services-
Contracts may be established for non-public works projects and purchases of
goods and general (i.e., non-consultant) services, utilizing informal or formal
processes for submission of proposals or bids. Contracts shall be developed
based on the requirements for those processes as indicated in the Purchasing
Policy and procedures
F. Contracts for Public Projects - Accounting procedures were established by
the California Uniform Public Construction Cost Accounting Commission, and
are detailed in the Commission’s Accounting Policies and Procedures Manual.
PCC §22000-22050 describe both the informal and formal bidding procedures,
project dollar thresholds, bidding and noticing requirements, rejection of bids,
the definition and procedure for emergency Public Projects, and other
mandates related to CUPCCAA.
Rather than the City’s Purchasing Ordinance or Policy, Public Projects are
subject to definitions, terms and conditions specified in the California Uniform
Public Construction Cost Accounting Act (CUPCCAA), Public Contract Code
Section 2200, et seq., as may be amended from time to time. When Public
Contract Code (PCC) requirements contradict City requirements, the PCC will
apply. PCC § 22002(c), as may be amended, defines a “Public Project” as:
(a) "Public project" means any of the following:
(i) Construction, reconstruction, erection, alteration, renovation, improvement,
demolition, and repair work involving any publicly owned, leased, or operated
facility.
(ii) Painting or repainting of any publicly owned, leased, or operated facility.
(iii) In the case of a publicly owned utility system, "public project" shall include only
the construction, erection, improvement, or repair of dams, reservoirs, power
plants, and electrical transmission lines of 230,000 volts and higher.
(b) "Public project" does not include maintenance work. For purposes of this
section, "maintenance work" includes all of the following:
(i) Routine, recurring, and usual work for the preservation or protection of any
publicly owned or publicly operated facility for its intended purposes.
(ii) Minor repainting.
(iii) Resurfacing of streets and highways at less than one inch.
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(iv) Landscape maintenance, including mowing, watering, trimming, pruning,
planting, replacement of plants, and servicing of irrigation and sprinkler
systems.
(v) 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 230,000 volts and higher.
(c) For purposes of this chapter, "facility" means any plant, building, structure,
ground facility, utility system, subject to the limitation found in paragraph
(3) of subdivision (c), real property, streets and highways, or other public
work improvement.
City Council adopted Ordinance No. 710 and Resolution No. 2004-70 in March
2004, thereby electing that the City become subject to CUPCCAA. The
competitive bidding process is not required for public projects less than
$3,000.
The City Manager and Assistant City Manager are authorized to award Public
Project contracts solicited through CUPCCAA informal bidding processes.
Contracts exceeding the informal bid limit set forth in Public Contract Code
section 22032 (as it may be revised from time to time), are let in accordance
with CUPCCAA formal bidding procedures, and awarded by the City Council.
In accordance with Government Code section 830.6, the City Engineer shall
have authority to review and approve the plan or design of any construction
work or work of improvement to public property, for contracts for construction
subject to approval by the City Manager or Assistant City Manager. For
contracts to be awarded by the City Council, the City Engineer shall review
such plans and designs and shall recommend the approval of such plan or
design by the City Council as part its of award of such contract.
PCC § 22037, as may be amended, describes the formal bidding process as
follows:
Notice inviting formal bids shall state the time and place for receiving
and opening of sealed bids and distinctly describe the project. The
notice shall be published at least 14 calendar days before the date
of opening the bids in a newspaper of general circulation, printed
and published in the jurisdiction of the public agency; or if there is
no newspaper printed and published within the jurisdiction of the
public agency, publication shall be by posting the notice in at least
three places within the jurisdiction of the public agency as have
been designated by ordinance or regulation of the public agency as
places for the posting of its of its notices. The notice inviting formal
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bids shall also be sent electronically, if available, by either facsimile
or electronic mail and mailed to all construction trade journals
specified in Section 22036. The notice shall be sent at least 15
calendar days before the date of opening the bids. In addition to the
notice required by this section, the public agency may give such
other notice as it deems proper.
3.7 CHANGE ORDERS, TASK ORDERS, AND CONTRACT AMENDMENTS
A substantial change to a Purchase Order or Contract (i.e., pricing, terms and conditions,
specifications and/or scope of work) shall be documented as a Change Order, Task
Order, or Contract Amendment.
3.7.1 City Manager, Assistant City Manager and Department Heads may sign
Change Orders, Task Orders, and Contract Amendments for purchases and
contracts up to the maximum of the limits set forth in section 3.4.1.
3.7.2 Change Orders, Task Orders, and Contract Amendments generally should not
exceed 10% of the original contract amount, unless authorized by the
applicable signing authority. A new scope of work and/or a new contract may
be required when the change exceeds 10% of the original amount. The
individual designated in the initial Contract or Council Action shall make that
decision.
3.7.3 A Change Order, Task Order, or Contract Amendment is not required when
taxes, shipping and/or handling cause a purchase to exceed the authorized
amount; the signatory limit may also be exceeded in that circumstance.
3.8 URGENT AND EMERGENCY PURCHASES
Sound judgment shall be used in keeping urgent, disaster and emergency purchases
to an absolute minimum. Specific procedures for managing these purchases shall
apply, as determined by the Finance Director and Purchasing Agent.
3.8.1 Urgent Purchases – Immediate purchases of material, supplies, equipment,
and/or services may be made when an urgent circumstance (as defined in the
Purchasing Policy Appendix) exists, and procurement should not be delayed
by use of normal competitive and financial procedures. Urgent purchases
shall be authorized by the City Manager or designee. Urgent purchases shall
be followed, as soon as practical, with submission of a Confirming Requisition
that includes a written justification for the purchase having been made outside
normal procedures, and Council will be notified as soon as practicable. Lack
of planning does not constitute justification for an urgent purchase.
3.8.2 Disaster and Emergency Purchases – In a disaster or emergency (as
defined in the Purchasing Policy Appendix), the City Manager or his/her
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designee may authorize deviation from the purchasing practices required by
the Purchasing Policy, including, but not limited to, the immediate purchase of
material, supplies, equipment, and professional services, including those in
excess of his/her City Council-approved signature threshold, in the manner
provided for in the Purchasing Policy Appendix.
CHAPTER 4. INFORMAL COMPETITIVE PRICING – GOODS AND GENERAL
SERVICES, NON-PUBLIC WORKS PROJECTS
4.1 COMPETITIVE QUOTES
The Department or the Purchasing Agent may purchase goods and services in the open
market based on evaluation of competitive quotes. A minimum of three (3) competitive
quotes shall be solicited for purchases greater than $3,000 and less than $100,000.
Requests for quotations must be made or distributed, utilizing Request for Quotation
forms or alternate forms as may be approved. W ritten documentation of quotes must be
provided.
4.1.1 Competitive quotes are not required for purchases below $3,000, but shall be
solicited prior to completing Purchase Orders if reasonably possible.
4.1.2 The City Manager/Designee may award the purchase to the lowest responsive
and responsible party whose quote fulfills the intended purpose, quality, and
delivery needs of the solicitation. In lieu of awarding the purchase, the City
Manager/Designee may reject the quotes, or may negotiate further to obtain
terms more acceptable to the City.
4.1.3 The City Manager/Designee may dispense with quotes in emergency and
urgent circumstances, as outlined under Section 3.8 “Urgent and Emergency
Purchases” of the Purchasing Policy.
CHAPTER 5. FORMAL COMPETITIVE PRICING – GOODS AND GENERAL
SERVICES, NON-PUBLIC WORKS PROJECTS
When purchases are anticipated to exceed $100,000, and/or require City Council approval,
formal competitive procedures must be completed. These procedures include sealed
proposals solicited through a Request for Proposal (RFP) and sealed bidding solicited
through an Invitation for Bid (IFB).
5.1 REQUESTS FOR PROPOSALS (RFP)
5.1.1 A contract or purchase agreement may be entered into by means of sealed
proposals solicited through a Request for Proposal (RFP). The Request for
Proposal shall state the criteria for evaluation and the relative importance of
price and other factors.
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5.1.2 The Purchasing Agent shall determine the RFP procedures, including whether
and where public notice of formal proposals shall be made. Sealed proposals
shall be submitted to the Purchasing Agent by the date and time specified on
the prescribed forms.
5.1.3 No work shall be performed unless and until a contract has been executed,
except under urgent and emergency circumstances as defined in this policy.
5.2 INVITATION FOR BID (IFB)
A contract or purchase may be entered into by means of sealed proposals solicited
through an Invitation for Bid (IFB). The Purchasing Agent shall determine the
procedures for IFBs for non-public projects, and no work shall be performed unless
and until a Purchase Order has been issued, except under urgent and emergency
circumstances as defined in the Purchasing Policy.
CHAPTER 6. LOCAL VENDOR/BIDDER PREFERENCE
6.1 A bid price preference of 1% shall be granted to local vendors/bidders (those
providing goods or services in the City of Rohnert Park, or elsewhere in Sonoma
County); however, the preference shall not exceed $5,000.
6.2 Rohnert Park vendors/bidders will be given priority in the selection process over
those from other Sonoma County cities if the Rohnert Park bid is evaluated equally
to any of those cities. To qualify for the preference, local vendors/bidders must
submit proof of the address of their principal place of business and a copy of a
current City business license.
6.3 The local vendor/bidder preference shall apply when written proposals or bids are
solicited, but shall not apply to Public Projects or purchases made in cooperation
with other jurisdictions. The local vendor/bidder preference will be waived when
prohibited by federal, State or other law or regulation, or by conditions specified by
grantors, as determined by the Purchasing Agent.
CHAPTER 7. EXEMPTIONS FROM COMPETITIVE PRICING - GOODS AND
GENERAL SERVICES, NON-PUBLIC PROJECTS
7.1 Purchases not readily adaptable to the open market and bidding processes may be
eligible for exemption from competitive pricing. These purchases include, but are
not limited to utilities, subscriptions, memberships, software licenses,
advertisements, temporary services, insurance or bond premiums and travel
expenses. Exemptions are restricted to those items appearing on a list maintained
by the Purchasing Agent. Departments may submit written requests to the
Purchasing Agent for additional exemptions, which will be approved if appropriate
and added to the list.
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7.2 Sole Source Purchases - Upon recommendation of the Department Head, the City
Manager or Assistant City Manager may waive bidding requirements for sole source
purchases if he/she determines sufficient justification exists. Sole source purchases
shall be coordinated by the Purchasing Agent, and may include proprietary items
sold directly from the manufacturer, items that have only one distributor authorized
to sell in Sonoma County, items that perform a complex or unique function or
purchases when a certain product is the only one proven to be acceptable or
compatible with existing equipment. Sole source purchases should be kept at a
minimum, to encourage competition and more favorable prices.
7.3 Cooperative Purchases as defined in the Purchasing Policies are exempt from
competitive pricing conducted by the City.
CHAPTER 8. PURCHASE SPECIFICATIONS
8.1 Use of brand names in specifications shall be for the purpose of describing the
standard of quality, performance, and characteristics the City desires, and not be
intended to limit or restrict competition. If a brand name is incorporated into a
specification, a minimum of two acceptable brands shall be listed whenever possible
and shall be followed by the statement “or approved equal” unless the sole source
policy applies.
8.2 Use of specifications provided by a specific manufacturer should be avoided,
however, if used, the name of the manufacturer, model number, etc., should be
indicated. The bid document shall clearly state that the use of the manufacturer’s
specifications are for the sole purpose of establishing the level of quality desired.
The Purchasing Agent will determine and approve any product submitted as an “or
equal.”
8.3 The Purchasing Agent may limit bidding to a specific product type or a brand name
product when purchasing equipment or supplies required to be compatible with
existing equipment or to perform complex or unique functions.
8.4 Public Contract Code § 3400 requirements should be reviewed when brand names
and/or manufacturer specifications are being considered for inclusion in a bid
solicitation.
CHAPTER 9. DISPOSAL OF SURPLUS PROPERTY
The City Manager or designee is authorized to exchange, trade-in, sell and dispose of
surplus personal property having salvage value in the open market, by public auction, by
competitive sealed bids or by exchange or trade in for new goods. The sale or lease of
surplus personal property to a governmental, public or quasi-public agency may be without
advertisement for or receipt of bids. Employees are not eligible to receive or purchase
surplus property, however, employees may receive personalized items, and receive or
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purchase at market value items considered to be memorial or commemorative in nature,
subject to City Manager approval.
9.1 PROPERTY WITH NO SALVAGE VALUE
Surplus personal property with no salvage value, as determined by the Purchasing
Agent, shall be disposed of in a manner that salvages recyclable components, if
practical.
9.2 UNCLAIMED, SEIZED OR ABANDONED PROPERTY
The Purchasing Agent, with City Manager approval, is authorized to sell or dispose of all
goods in the possession or custody of the Department of Public Safety which are
unclaimed, seized and/or abandoned and may be legally disposed of by the City.
9.3 REPORTING
The Purchasing Agent shall provide reports to Finance Director indicating surplus
personal property disposed of, the method of disposal, and the amounts received from
disposal, and shall maintain records for public inspection relative to the disposal of
surplus personal property for a period of time in compliance with State law and the City’s
records retention schedule.
9.4 DONATIONS OF SURPLUS PROPERTY
Upon approval in advance in writing by the City Manager, surplus personal property may
be donated to governmental, public or quasi-public agencies, charitable or non-profit
organizations on a first-come first-served basis to be utilized for non-profit purposes.
CHAPTER 10. PURCHASE AND USE OF RECYCLED PRODUCTS
In purchasing paper products (including printing and writing paper), the City shall require the
following:
(1) If fitness and quality are equal, City employees and departments shall purchase and
use recycled-content paper products, that consists of at least 30 percent by fiber weight
postconsumer fiber, instead of non-recycled products whenever recycled paper products
are available at the same or lesser total cost than non-recycled items. Whenever recycled
content paper products are procured, they shall meet Federal Trade Commission
recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(3) The City shall require that vendors certify in writing, under penalty of perjury, the
minimum percentage of postconsumer material in the paper products 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 or vendor internet website.
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(4) The City shall require that vendors certify in writing, on invoices or receipts provided,
that the paper products offered or sold to the City is eligible to be labeled with an unqualified
recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the City’s procurement recordkeeping designee of all paper
product purchases within thirty (30) days of the purchase (both recycled-content and non-
recycled content, if any is purchased) made by any department or employee of the
City. Records shall include a copy (electronic or paper) of the invoice or other
documentation of purchase, written certifications 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 are provided, include a
description of why recycled-content products were not procured.
10.1 RECYCLED PRODUCTS
Recycled products covered under this policy include: paper (printing and copy), paper
products, plastic, printer cartridges, antifreeze, glass, metal, oil, paint, solvents, tires,
tire-derived products, compost and aggregate, such as those used in building
construction, road construction, office products and fleet maintenance.
10.2 EXCEPTIONS
Exceptions to this policy are granted under the following conditions:
A. The cost is greater than 105% of the cost of a comparable non-recycled
product.
B. A recycled product option cannot be identified, after a due diligence search.
C. Critical performance criteria cannot be met by any recycled product.
D. A recycled product is not available within a reasonable amount of time.
E. Other exceptions as granted by consent of the City Manager or Assistant City
Manager.
CHAPTER 11. CAPITAL EQUIPMENT
Purchase of equipment or furniture at a unit cost of $5,000 or greater with a useful life greater
than 5 years shall be capitalized in accordance with the City’s capitalization policy. A
Purchase Order must be issued; Standing Purchase Orders may not be substituted. At the
time of receipt, a tracking number shall be issued and affixed to the asset.
CHAPTER 12. INFORMATION TECHNOLOGY-RELATED PURCHASES
To keep costs under control and assure implemented technologies work together
harmoniously and meet staff needs, the City of Rohnert Park Information Technology
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Department (IT) shall standardize and control all purchases of equipment touching the Data
and Telephone networks, as well as desktop computers.
12.1 With limited exceptions, the Information Technology Department shall include in its
annual budget funding to support all cross-department technologies, and shall work
cooperatively with the Purchasing Agent to identify technology vendors and
purchasing methods. While the Information Technology Department may provide
support for specific departmental technology needs, those needs may be funded
through department budgets.
12.2 The list of those authorized by the City Manager or Assistant City Manager to
request technology purchases shall be maintained by the Information Technology
Department.
CHAPTER 13. RISK MANAGEMENT
13.1 The Purchasing Agent shall adhere to and follow the insurance requirements and
monitor compliance as established by the City’s Risk Management Agency. In
accordance with the type of services to be provided. The Purchasing Agent shall
ensure the proper insurance requirements are included in any standard contract for
services. Contracts will not be fully executed until all required insurance certificates
and endorsements have been received, reviewed and approved; additional
requirements may apply to Public Projects.
13.2 Requirements for contract bonds, such as Performance Bonds, Labor and Material
Bonds and/or Fidelity Bond shall be determined by the Project Manager’s
Department Head, with advisement from the Purchasing Agent when required.
Bonds are maintained by the project manager, and forwarded to the City Clerk’s
office upon contract completion. Requirements related to Public Projects may vary
from those for non-public projects.
CHAPTER 14. CONTRACTOR’S OPERATING REQUIREMENTS
14.1 Any person doing business in the City must possess a current City of Rohnert Park
Business License, as required by the Rohnert Park Municipal Code.
14.2 Prior to contract award, the project manager shall verify that the contractor’s State
Contractors License is valid and in good standing, and the Contractor has not been
debarred by the Federal Government. Verification shall be documented in the
permanent contract file.
14.3 No contractor or subcontractor may be listed on a bid proposal or awarded a
contract for a public works project unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions
from this requirement for bid purposes only under Labor Code section 1771.1(a)].
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14.4 All contractors (including consultants and service providers) and their respective
subcontractors who meet any of the following criteria shall be required to
successfully pass a California Department of Justice Live Scan Fingerprinting
background check conducted by the City of Rohnert Park Department of Public
Safety:
• Work with children when performing on-site services
• Access City of Rohnert Park computers
Contractors shall be responsible for obtaining Live Scan Fingerprinting prior to
performing work and shall bear the cost thereof at the time of fingerprinting.
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APPENDIX – DEFINITION OF TERMS
1. AMENDMENT – any change or modification in the terms and conditions of a contract,
accomplished by agreement of the parties; similar function to a change order
2. AWARD – a contract or purchase made with a vendor that successfully completes a
bidding or competitive proposal process
3. BIDDER’S LIST – list of responsible prospective suppliers and contractors to whom
notice of Invitations for Bid on Public Projects may be delivered
4. CHANGE ORDER – document used to detail a substantial change to a Purchase
Order or construction contract
5. CITY – City of Rohnert Park, California
6. COMPETITIVE QUOTE – verbal or written pricing quotation made by vendor(s)
regarding specific purchases; typically three are required prior to purchasing item or
service (also known as Informal Competitive Pricing)
7. CONSULTANT SERVICES – services of an advisory nature that provide a
recommended course of action or personal expertise, and that have an end product
which is basically a transmittal of information
8. CONTRACT – all types of City agreements, regardless of what they may be called,
for the procurement or disposal of goods, supplies, services, professional or
consulting services, or construction
9. CONTRACTS FOR GOODS AND VARIOUS SERVICES – for purchases of goods
and services through non-pre-qualified vendors for non-public projects, utilizing
informal or formal processes for submission of proposals or bids, based on the
requirements for these processes
10. CONTRACTOR – any person, group of persons, business, consultant, designing
architect, association, partnership, corporation, supplier, vendor, printer, or other
entity not in the employment of the City that has entered into a binding contract with
the City, or serves in a subcontracting capacity with an entity having a contract with
the City, to provide goods, supplies, services, professional services, construction or
disposal of surplus supplies
11. EMERGENCY PURCHASE – purchase or service procured under circumstance of a
Federal, State or City declared disaster or where a circumstance poses clear,
substantial, and imminent danger (e.g., fire, flood, explosion, storm, earthquake,
epidemic, riot, civil defense) and immediate action is necessary to prevent or mitigate
major loss or significant impairment of life, health, property, or essential public
services; procurement should not be delayed by use of normal competitive and
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financial procedures. Emergency purchases related to Public Projects must meet
requirements established by CUPCCA.
12. ENCUMBRANCE – placement of a financial hold on a specified amount of funds
designated for a particular purpose, prior to making a purchase or payment on a
contract related to that purpose, and preventing the use of those funds for any other
purpose
13. EXEMPT PURCHASE – a purchase not readily adaptable to the open market and
formal bidding or competitive pricing processes, such as magazine subscriptions and
membership dues; also emergency and other purchases as detailed in the Purchasing
Policy
14. GENERAL SERVICES – the furnishing of labor, time or effort by a vendor primarily
through use of manual or technical skills that may or may not produce a tangible
commodity; e.g., janitorial work, landscape maintenance, equipment repair and
service, rubbish and waste removal, clothing rental and cleaning, and minor repainting
(non-public projects)
15. JOB ORDER CONTRACT – a contract competitively bid for a base year and multiple
option years for Public Projects of minor construction and renovation, alterations,
painting and repair of existing facilities
16. LOWEST RESPONSIBLE, RESPONSIVE BIDDER – bidder submitting the bid or
proposal meeting all requirements of the specifications, terms, and conditions of the
Invitation for Bids or Request for Proposal resulting in the lowest cost to the City in a
total cost concept or based solely on price, taking into consideration the financial and
practical ability of the vendor to perform the contract and past performance of the
vendor
17. PERFORMANCE BOND – a bond issued to the City as a guarantee against the failure
of a contractor to meet obligations specified in the contract
18. PROFESSIONAL SERVICES – services provided by an educated, certified or
licensed specialist, or technical expert, that may be subject to procurement restrictions
in accordance with State law, and City contract requirements, beyond that of regular
(non-professional) consultant services
19. PURCHASE ORDER – A document representing a contract between the City and the
vendor, utilized for ordering goods and services, and subject to specific signature
authorities based on the dollar value of the purchase(s)
20. REQUEST FOR STATEMENT OF QUALIFICATIONS (RSQ) – document providing
details regarding a desired purchase (typically a service), and soliciting qualifications
from vendors
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21. REQUEST FOR PROPOSALS (RFP) – document providing details regarding a
desired purchase, and soliciting pricing quotations from vendors
22. REQUEST FOR QUOTATIONS (RFQ) – process to invite suppliers to provide written
or verbal pricing and/or other details regarding products and services of interest to the
City; facilitating vendor comparison and purchase under the best available terms
23. SOLE SOURCE PURCHASE – commodities and services that can be obtained from
only one vendor, proprietary items sold directly from the manufacturer, items that have
only one distributor authorized to sell in this area, or items that perform a complex or
unique function; exempt from bidding
24. SURPLUS PROPERTY – personal property which the City no longer has use for, has
fully depreciated, or which has exhausted its intended life; also goods in the
possession or custody of the Department of Public Safety that are unclaimed, seized
and/or abandoned
25. TASK ORDER – issued under Master Agreements to secure services from the
consultant as needed; include the specific scope of work required by the City, the
compensation due for that specific scope of work, and any terms and conditions that
may pertain solely to the task; creates a financial obligation for the City
26. URGENT PURCHASE – a purchase made when a sudden, unexpected occurrence,
while not an emergency as defined in the Purchasing Policies, necessitates expedited
action to prevent or mitigate loss, protect property or public health and safety, and
ensure essential public services (e.g., street signal outage, heating system failure at
the Senior Center in winter, off-site fire truck repair)
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TABLE OF CONTENTS
1.GENERAL INFORMATION ...................................................................................................................... 1
2.DELEGATION OF PURCHASING AUTHORITY IN EMERGENCY ................................................................ 2
3.PROCUREMENT PROCEDURES .............................................................................................................. 3
4.REPORTING AND CONTRACTING .......................................................................................................... 5
1.GENERAL INFORMATION
1.1. Purpose and Scope.
1.1.1. This Emergency and Disaster Purchasing Policy (“Policy”) modifies the City’s
normal purchasing practices to assure that, in exigent circumstances caused by a
proclaimed Emergency or Disaster, the City is able to acquire the goods and
services required to address an immediate threat to life, public health, or safety or
an immediate threat of significant damage to improved public and private property
while still maintaining an effective purchasing process and complying with
applicable local and state purchasing laws. Where the City is included in a major
disaster or emergency declared by the President of the United States, this Policy
also assures that City procurements comply with federal regulations applicable to
FEMA (Federal Emergency Management Agency) disaster grant reimbursement.
1.1.2. This Policy does not govern emergency purchases related to Public Works projects,
which are subject to the procedures set forth in the Public Contract Code sections
20168 and 22050 et seq. Emergency purchases to repair or replace public facilities
may proceed prior to adoption of the working details, drawing, plans, and
specifications, only when in accordance with the Public Contract Code. Staff
responsible for Public Projects shall be held accountable for compliance with these
requirements.
1.1.3. For purposes of this Policy, an Emergency and Disaster shall be deemed to exist
when a condition exists that presents an immediate threat to life, public health, or
safety, or an immediate threat of significant damage to improved public or private
property, and a local Emergency or Disaster has been proclaimed. Any purchases
that do not meet the standard of being necessary for responding to an immediate
threat to health, safety, or improved property shall follow the City’s regular
Purchasing Policy.
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1.2. Definitions. For purposes of this Policy:
1.2.1. A proclaimed disaster or emergency exists if: (1) the Governor has declared a state
of emergency for an area which includes the geographic territory of the City; or (2)
the City has declared an emergency in the City in the manner provided for in
Chapter 2.52 of the Rohnert Park Municipal Code.
1.2.2. "Director of Emergency Services" means the person designated as the director of
emergency services as specified in Rohnert Park Municipal Code Section 2.52.050,
as may be amended from time to time.
2. DELEGATION OF PURCHASING AUTHORITY IN EMERGENCY
2.1 City Manager Authority. In an emergency, if the City Manager or Director of Emergency
Services determines that material, supplies, equipment, and/or services must be procured
before the City Council is able to assemble and approve these purchases, the City Manager
has authority, subject to the limitations set forth in sections 2.1.1 and 2.1.2, to approve the
immediate rental or purchase of any equipment, supplies, services or other items necessary
to respond to an immediate threat to health, safety or improved property.
2.1.1 Limits of Single Purchase Authority. The City Manager or Director of
Emergency Services or his/her designee shall have the authority to make individual
purchases up to and including $500,000 on his or her signature alone. The City
Manager or Director of Emergency Services or his/her designee shall have the
authority to make purchases in excess of $500,000, up to a maximum of $1,000,000
when countersigned by the Mayor or in the Mayor’s absence countersigned by
another councilmember. If the Mayor or a councilmember is physically unavailable
to provide a physical signature, then approval by electronic or verbal means shall
be permitted and such approval shall be documented by the City Manager or
Director of Emergency Services.
2.1.2 City Council Authorization. Nothing contained in this Policy shall limit the
authority of the City Manager to make purchases and take such other emergency
steps as are, or may be, authorized by the City Council, including opening a line or
lines of credit to accommodate necessary purchases.
2.2 Sub-Delegation of Purchasing Authority. At any time that the City Manager is not
available to approve purchases as allowed in this chapter, the duty shall be carried out by
the Director of Emergency Services.
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2.3 Sub-Delegation of Purchasing Authority to Department Heads. If none of the people
designated in the order of succession as Director of Emergency Services are available, and
the delay in getting his/her signature would pose an immediate threat to health, safety, or
improved property, the City Department Directors (including Public Safety, Public Works,
Human Resources, Development Services, and Finance) or his/her designee, shall each
have authority to procure in accordance with other requirements of this Policy any
equipment, supplies, services, or other items necessary for his or her department to respond
to the immediate threat to health, safety, or improved property, up to a maximum of
$100,000.
3. PROCUREMENT PROCEDURES
3.1 Compliance with Federal Regulations.
All purchases made under this Policy shall comply with the applicable provisions of 2 CFR Part
200, as those regulations may be amended from time to time.
3.2 Requisition.
3.2.1 Competition. All procurements must be conducted in a manner that promotes full
and open competition.
3.2.2 Procurement Methods. The following methods of procurement may be utilized
by the City Manager or Director of Emergency Services or his/her designee using
the methods of procurement set forth in 2 CFR section 200.320, as may be
subsequently amended from time to time. At the time of adoption of this Policy,
the federal procurement thresholds, as set forth in 2 C.F.R. section 200.320 are:
Under $10,000 Micro-Purchases: no solicitation required so long as the
price is deemed reasonable.
$10,000 to $250,000 Small Purchases: informal procurement required via receipt
of an adequate number of price quotes.
$250,001 and above Sealed Bids or Competitive Proposals.
Sealed Bids: require formal advertising, two or more bidders
are willing and able to respond, and a public opening of the
bids. A fixed price contract is awarded to lowest responsive
and responsible bidder.
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Competitive Proposals: when sealed bids is not appropriate,
requires advertising, includes a written method for
conducting the technical evaluation, and responses must be
solicited from an adequate number of qualified sources,
normally more than one source submitting an offer, and
either a fixed price or cost-reimbursement type contract is
awarded.
3.3 Non-Competitive Purchasing. Procurement by solicitation from a single source is
allowable only when one or more of the following situations apply: (1) the item is available
only through a single source; (2) public exigency or emergency will not permit delay
required from competitive solicitation; (3) the purchase will be reimbursed from a federal
grant, and the federal awarding agency or pass-through entity has expressly authorized a
noncompetitive process; (4) after solicitation of a number of sources, competition is
deemed inadequate.
3.4 Justification of Non-Competitive Purchasing. Any use of non-competitive purchasing
shall be justified and documented prior to purchase.
3.4.1 The City Manager or Director of Emergency Services may determine procurement
by non-competitive purchasing is appropriate if sufficient justification exists.
3.4.2 If the decision to use non-competitive purchasing is solely based on public exigency
or emergency, then the procurement should be limited to that which must be
performed immediately, allowing subsequent procurement by competitive
proposals. Examples of such acquisitions include, but are not limited to: (1)
placement of emergency protective measures; (2) procurement of scarce
commodities, goods, or services; or (3) acquisition or rental of emergency
equipment, emergency consulting services, emergency road clearance or other
emergency requirements.
3.5 Solicitation Procedures for Non-Competitive Proposals. Even where exempt from
competitive solicitation, telephonic or other electronic bid solicitation from potential
vendors or suppliers, in lieu of written and/or sealed bids, shall be conducted in an effort
to obtain multiple competitive proposals, when and if time allows in light of the exigent
circumstances. If reimbursement under a federal grant award is anticipated for the
purchase, then in accordance with 2 CFR section 200.323, the City Manager or the Director
of Emergency Services shall ensure that profit is negotiated as a separate element of the
price for each contract in which there is no price competition.
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CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE:
APPENDIX TO PURCHASING POLICY:
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2.04.001
APPENDIX
☒ RESO NO: 2018-154 NOVEMBER 27,
2018
Page 5 of 6
3.6 Solicitation Requirements for Competitive Proposals.
3.6.1 Locations of Postings for Requests for Proposals or Solicitation of Bids. The
City Manager or the Director of Emergency Services may waive requirements for
public posting of requests for proposals or solicitation of bids, provided the
invitation for bids or request for proposals is advertised or publicized. Notices
soliciting bids or requests for proposals may be posted at the Emergency Operations
Center or Alternate Emergency Operations Center, if the primary Emergency
Operations Center is not being used.
3.6.2 Length of Time for Posting Requests for Proposals or Solicitation of Bids. The
City Manager or the Director of Emergency Services may shorten any bid period
to expedite the award of contracts for emergency equipment, goods, or services,
and should seek to assure that the shortened bid period allows multiple suppliers to
submit bids.
3.6.3 Number of Bids Required. Solicited bids that are non-responsive shall count
towards the minimum numbers of bids required when there is a declared
Emergency and Disaster in the City.
3.7 Contract Price Analysis. For a purchase over $250,000, if reimbursement under a federal
grant award is anticipated, the City Manager or the Director of Emergency Services shall ensure
that a cost or price analysis in accordance with 2 CFR section 200.323 is performed prior to
receiving bids or proposals, and that profit is negotiated as a separate element of the price for each
contract.
4. REPORTING AND CONTRACTING
4.1 Reporting. As soon as reasonably possible after purchases are made pursuant to this
Policy, the Director of Emergency Services or department head shall submit to the Finance
Director, or his or her designee, a requisition and notation that the commodity has been
ordered on an emergency basis from the vendor designated together with justification for
the purchase having been made pursuant to this Policy. Upon receipt of requisitions,
the Finance Director, Purchasing Agent, or his/her designee, shall prepare purchase orders
for the emergency equipment, supplies, services, or other items in accordance with the
requirements of this Policy.
4.2 City Council Notification. The Finance Director or his/her designee, shall inform the City
Council, at its next regular or special meeting or as soon as reasonably possible thereafter,
of any purchases made in excess of $100,000, or whenever the aggregate of purchases is
greater than $500,000.
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE:
APPENDIX TO PURCHASING POLICY:
EMERGENCY AND DISASTER
PURCHASING POLICY
2.04.001
APPENDIX
☒RESO NO: 2018-154 NOVEMBER 27,
2018
Page 6 of 6
4.3 Public Posting of Contract Awards. All contracts awarded that exceed $100,000 shall
be provided to the City Council within thirty (30) days of award, and thereafter shall be
publicly posted.
4.4 Authority to Cancel Emergency Procurements. Any purchase order or contract
procured under this Policy shall include a provision indicating that the City has the
authority to rescind or terminate a contract for non-performance when a contractor or
vendor, once awarded a contract, is unable to perform under the terms of the contract and
the resulting delay or non-performance presents an immediate threat to health, safety, or
improved property.
4.5 Requirement for Separate Invoicing. All contracts and purchase orders made under this
Policy shall require separate invoicing from routine (non-disaster related) purchases, and
require invoices to state the goods, services, or equipment provided and shall specify the
location where the goods or services were delivered.
4.6 Mandatory Federal Terms. If reimbursement under a federal grant award is anticipated
for a purchase, then the purchase orders or contract for such purchase shall contain all
provisions required under 2 CFR section 200.326.