HomeMy WebLinkAboutEncinitas Escondido Oceanside San Marcos et al; 2009-06-17;EXHIBIT "3"
COOPERATIVE AGREEMENT REGARDING
ACQUISITION OF HIGH RESOLUTION ORTHO-PHOTOGRAPHY
This Cooperative Agreement ("Agreement") is entered into by and between the City of Carlsbad
("Carlsbad"), and ttie Participants listed in Section 1 of this Agreement ("Participants"), and shall be
effective as of J^yU-^P I^T*^ 2009^^j *
WHEREAS, the Participants wish to acquire high resolution ortho-photography and related
products for their respective geographic areas of interest (hereinafter referred to either as a particular
Participant's "Imagery Project," or collectively as the Participants' "Imagery Projects"); and
WHEREAS, acquisition of the Imagery Projects on a collaborative basis will result in improved
information sharing among the Participants and significant cost savings to the Participants; and
WHEREAS, Carlsbad is a municipal government agency in San Diego County with experience
with projects similar to the Imagery Projects; and
WHEREAS, Carlsbad has the authority to contract for special services on behalf of itself, other
cities and an irrigation district pursuant to California Government Code Sections 37103 and 53060.
WHEREAS, the Participants have requested and Carlsbad has agreed to serve as the Contract
Manager for the Imagery Projects as further defined in this Agreement;
NOW, THEREFORE, it is mutually understood and agreed to by Carlsbad and the Participants
(collectively referred to herein as the "Participants") as follows:
1. The Participants agree to collaboratively purchase the Imagery Projects. The Participants
are as follows: City of Carlsbad, City of Encinitas, City of Escondido, City of Oceanside, City of Poway,
City of San Marcos, City of Solana Beach, City of Vista and the Santa Fe Irrigation District.
2. Carlsbad will serve as the "Contract Manager" for this Agreement to perform the functions
set forth in the Scope of Work attached as Exhibit A. Carlsbad's "Project Manager" shall be Karl von
Schlieder.
3. Each Participant shall execute this Agreement by submitting a signed Participant Scope
and Signature Page designating its authorized representative along with documentation of authorization
of the representative's authority to bind the entity. Each Participant Signature Page shall set forth the
applicable Participant's Imagery Project description and the dollar amount the Participant has agreed to
contribute toward completion of the Imagery Projects. Participants will have the option of requesting
additional tasks related to an Imagery Project and each Participant agrees to bear the costs of the
additional work it has requested. If additional tasks are requested the Participant will sign an amendment
to its Participant Scope and Signature Page. Participants who are not affected by such an amendment
will not be required to execute additional documents. A Participant may add to or modify its Imagery
Project only with approval by all other Participants, but may not reduce the scope of work or contribution
amount if it will cause the other Participants to owe an increased contribution amount.
4. Each Participant shall bear any costs it incurs pursuant to this Agreement, plus actual
costs of duplication, mailing, etc. incurred by the Project Manager as invoiced by the Project Manager
without expectation of reimbursement or subsidization by any other Participant, subject to the following
exception. If a Participant requests additional work, that Participant agrees to pay for the cost of any
additional work conducted in its jurisdiction.
5. The Participants agree to form a project working group to complete the necessary work
related to the Imagery Projects, including providing technical input, reviewing deliverables and providing
comments and approvals and providing technical support in a timely manner. The Participants agree that
staff for each Participant will cooperate fully in the exchange of information and will work together, under
the administrative oversight of Carlsbad.
6. This Agreement does not reduce, expand, transfer, or alter in any way, any of the
statutory or regulatory authorities and responsibilities of any of the signatories. For purposes of this
Agreement, the relationship of the Participants is that of independent entities and not as agents of each
other or as joint venturers or partners. The Participants shall maintain sole and exclusive control over
their personnel, agents, consultants, and operations.
7. The Imagery Projects created pursuant to this Cooperative Agreement shall be jointly
owned exclusively by those agencies cost-sharing the production of the products by geographic tile.
Additional work requested as set forth in sections 3 and 4 of this Agreement shall be shared with and
owned by only those parties paying for the additional work. Each Participant intends to use the products
of the Imagery Projects as it determines is appropriate, consistent with its respective authority. Each
Participant is responsible for making its own determination as to the usefulness or as to the propriety of
its use of or reliance upon the work product of any other Participant. It is not intended by this Agreement
that any Participant represents or warrants that its work product is sufficient for the purposes to which any
other Participant may wish to apply that work product.
8. Each Participant shall identify and inform each other Participant of the name of and
contact information for a technical lead person to exchange information between the Participants
concerning the Imagery Projects.
9. Each Participant agrees to cooperate and coordinate with Carlsbad, its staff, contractors,
consultants, and vendors, providing services required under this Agreement to the extent practicable in
the performance of the Imagery Projects.
10. The Participants agree to work diligently together and in good faith, using their best
efforts to resolve any unforeseen issues and disputes arising out of the performance of this Agreement. In
the event of a dispute the complaining Participant shall submit a statement of the grounds for the dispute,
including all pertinent dates, names of persons involved, and supporting documentation to the Project
Manager. The Project Manager will review the documentation in a timely manner and reply to the
Participant within 20 days. Upon receipt of an adverse decision by the Project Manager, the Participant
may submit a request for reconsideration to the Contract Manager's City Manager. The request for
reconsideration must be received within 10 days from the postmark date of the Project Manager's reply.
The City Manager will respond to the request for reconsideration within 10 working days. The decision of
the Contract Manager's City Manager will be final and in writing.
11. To the fullest extent permitted by law, the other Participants shall indemnify, defend and
hold harmless the City of Carlsbad, its officers, agents and employees from and against any and all loss,
damages, obligations, liabilities and expenses, including reasonable attorneys' fees, that arise directly or
indirectly from its management of this Cooperative Agreement or from alleged act(s) of negligence or
willful misconduct by Participants or any of their agents or employees.
12. Carlsbad shall require the vendor to name all other participants as additional insureds under
the COMMERCIAL GENERAL LIABILITY insurance policy required in the orthophotography contract it
executes with the City of Carlsbad.
13. This Agreement may only be modified or amended in writing and executed by the
authorized representative of the relevant Participant(s). All modifications, amendments, changes, and
revisions of this Agreement from time to time, in whole or in part, and from time to time, shall be binding
upon the Participant(s).
14. This Agreement shall be governed by and construed with the relevant Federal, State of
California, and local laws. Carlsbad warrants that in the performance of this Agreement, it shall comply
with all Federal, State of California, and local laws, statutes and ordinances and all lawful orders, rules
and regulations promulgated thereunder that apply to Carlsbad.
15. This Agreement, including all Exhibits and Participant Scope and Signature Pages
incorporated herein and made applicable by reference, constitutes the complete and exclusive statement
of the term(s) and condition(s) of the Agreement between the Participants and supersedes all prior
representations, understandings, and communications. The invalidity in whole or part of any term or
condition of this Agreement shall not affect the validity of other term(s) or condition(s).
16. Except as set forth in section 12 of this Agreement, nothing in the provisions of this
Agreement is intended to create duties, obligations to, or rights in third parties or affect the legal liability of
the Participants in this Agreement to third parties.
17. Any notice sent by first class mail, postage paid, to the addresses and addressees listed
in the Participant Scope and Signature Pages shall be deemed to have been given when in the ordinary
course it would be delivered. The representatives of the Participants who are primarily responsible for the
administration of this Agreement, and to whom notices, demands and communications shall be given are
designated in the Participant Scope and Signature Pages. If any of the names and/or information listed in
the Participant Scope and Signature Pages should change, the Participant making such changes shall
notify the Project Manager in writing of the changes within five (5) days of effective date of such changes.
18. This Agreement may be executed in counterparts. This Agreement shall continue in full
force and effect through December 31, 2010, unless terminated earlier by mutual written consent of all
the Participants. The term of this Agreement may only be extended upon mutual written agreement by
the Participants. Any Participant may withdraw from and terminate its participation in the Agreement by
providing 30 days written notice to each other Participant hereto, provided that the terminating Participant
shall bear the reasonable costs of terminating work it has requested under this Agreement through the
date of its withdrawal from the Agreement, including any additional costs incurred due to higher unit rates
being charged by a vendor or consultant for a reduced scope of work.
IN WITNESS WHEREOF, the Participants hereto have caused this Agreement to be executed
below by Carlsbad and on the attached Participant Scope and Signature Pages by the Participants.
City of
By Claud
Mayor
APPROVED AS TO FORM:
Assistant City Attorney
Exhibit A - Scope of Work
The City of Carlsbad will perform the following tasks associated with the project:
1. Negotiate a City of Carlsbad contract with Participants' selected consultant.
2. Coordinate schedules and tasks with the contracted consultant.
3. Act as point of contact between consultant and Participants on all project-related matters.
4. Collect project-funding payments from Participants as per the schedule detailed in Exhibit B of
this agreement.
5. Pay consultant upon receipt of invoices for documented work accomplished for the Participants,
as per the Carlsbad/Consultant contract.
6. Coordinate the transfer of products between the consultant and Participants for their respective
areas of interest in order to facilitate product review and quality control.
Each participating agency will perform the following tasks associated with the project:
1. Participants will provide technical input, to the extent of their abilities, concerning questions of
scope of work and technical direction of the project.
2. Review in an expedited manner all preliminary and final deliverables for Participant's Imagery
Project, adhering to the project's overall schedule of production, review, update and delivery of
products.
3. Attend any relevant meetings, including project kick-off, pilot project, and project status meetings.
Exhibit B - Payment Schedule
Payment
Number
1
2
3
4
5
Description of Deliverable
Contract between Carlsbad and
Contractor approved by Carlsbad
City Council
Flights completed for
imagery/LiDAR acquisition
Production of contour data for AOI
complete
First delivery of products
Miscellaneous costs for copying,
mailing, etc.
Percent of
Contribution
Amount Owed
30%
30%
25%
15%
Amount Payable to Carlsbad
By Participants
Encinitas $4,816
Escondido$21,912
Oceanside$1 1.840
Powav $10.992
San Marcos $7,504
SF Irria. Dist. $4.240
Solana Beach $604
Vista $9. 120
Encinitas $4.816
Escondido$21,912
Oceanside $11, 840
Powav $10,992
San Marcos $7,504
SF Irria. Dist. $4.240
Solana Beach $604
Vista $9. 120
Encinitas $4, 013. 33
Escondido $18,260
Oceanside $9,866.67
Powav $9, 160
San Marcos $6,253.33
SF Irria. Dist.3.533.33
Solana Beach $503.34
Vista $7.600
Encinitas $2,408.00
Escondido $10, 956
Oceanside $5,920
Powav $5,496
San Marcos $3,752
SF Irria. Dist. $2.120
Solana Beach $302
Vista $4.560
Actual
Exhibit C - Participant Scope and Signature Pages
City of Carlsbad
City of Encinitas
City of Escondido
City of Oceanside
City of Poway
City of San Marcos
City of Solana Beach
City of Vista
Santa Fe Irrigation District
Participant Scope and Signature Page
Participant Name: City of Carlsbad
Contribution Amount: $34,280.00
Participant Address: 1635 Faraday Av. Carlsbad. CA 92008-7314
Participant Phone Number: 760-602-2434
Contact Person: Karl von Schlieder, GIS Manager
Contact Email: karl.vonschlieder@carlsbadca.gov
Imagery Project Tile Sharing:
Number of tiles to be purchased at 100% (no agency sharing): 139 @ $160.00 = $22,240
Number of tiles to be purchased at 50% (share with one other agency): 128 @ $160.00 = $10,240
Number of tiles to be purchased at 33% (share with two other agencies): 33 @ $160.00 = $1,760
Number of tiles to be purchased at 25% (share with three other agencies): 1 @ $160.00 = $ 40
Total $34.280
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
Lisa Hildabrand City Manager
Printed Name Title
. w
Signature Date
Municipal Code of the City of Carlsbad, California
Title 3 Revenue and Finance
Chapter 3.28 Purchasing
3.28.050 Procurement of goods.
D. Additional Responsibilities and Authorities.
3. The city manager shall be the awarding authority for procurement of goods for
which the cost to the city is one hundred thousand dollars or less.
(Ord. CS-002 § 2 (part), 2008)
Participant Scope and Signature Page
Participant Name: City of Encinitas
Contribution Amount: $16,053.33
Participant Address: 505 S Vulcan Ave, Encinitas, CA 92024
Contact Phone Number: 760-633-2665
Contact Person: Wendy Flynn, GIS Supervisor
Contact Email: wflynn@cityofencinitas.org
Imagery Project Tile Sharing:
Number of tiles to be purchased at 100% (no agency sharing): 55 @ $160.00 = $8,800.00
Number of tiles to be purchased at 50% (share with one other agency): 73 @ $160.00 = $5,840.00
Number of tiles to be purchased at 33% (share with two other agencies): 25 @ $160.00 = $1,333.33
Number of tiles to be purchased at 25% (share with three other agencies): 2 @ $160.00 = $80.00
Total $16.053.33
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
Phil Cotton City Manager
Printed Name Title
Signature Date
05-90 1.04.010
CHAPTER 1.04
CODE ADOPTION
1.04.010 Adoption. The ordinances embraced in the following Titles, together with such
amendment as may be made, shall constitute and be cited as the "Encinitas Municipal Code". The
Encinitas Municipal Code shall include such secondary codes that are adopted by reference, except
those portions of the secondary codes that are modified or deleted by provisions of the Encinitas
Municipal Code. (Ord. 86-13)
1.04.020 Severability. If any section, subsection, sentence, clause, or phrase of this Code is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Code. The City Council hereby declares that it would have passed
this Code, and each section, subsection, sentence, clause and phrase thereof, and will pass any
amendments thereto, irrespective of the fact that any one or more of the other sections, subsections,
sentences, clauses or phrases had been declared invalid or unconstitutional.
1.04.030 Definitions.
A. Unless the provisions or the context otherwise require, words and phrases in this
Code shall be construed and understood according to their common and approved usage. Words or
phrases that have acquired a particular meaning in the law shall be construed and understood
according to such meaning.
B. Title, Chapter and Section headings contained herein shall not be deemed to govern,
limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Code.
C. The provisions of this Code, and all proceedings under them, are to be construed
with a view to effect their objects and to promote justice.
1.04.040 Judicial Review. Pursuant to Section 1094.5 of the Code of Civil Procedure, the
provisions of Section 1094.6 of the Code of Civil Procedure are hereby made applicable to persons
seeking judicial review of a decision of the City of Encinitas.
1.04.050 Repeal of Ordinance. The repeal of any ordinance within this Code shall not
repeal the repealing clause of such ordinance, nor shall it revive any ordinance which has been
repealed thereby.
05-90 7.12.010
CHAPTER 7.12
CONTRACT FOR SERVICES
7.12.010 Purpose.
A. This Chapter is intended to establish procedures for the selection of persons and
firms to provide services for identified projects. This Chapter does not apply to construction
services for public works projects which the State law requires to be bid. (Ord. 89-45)
B. Unless otherwise provided, the City's selection of architects, engineers, land surveyors and
construction project management firms and other persons to provide professional services by
contract with the City shall be on the basis of demonstrated competence and on the professional
qualifications necessary for the satisfactory performance of the professional services required. (GC§
4525, et seq.)
'y C. "Contract Officer" is the City official who is authorized to choose the method for
selecting the Provider, designate the selected Provider, and enter into a contract with the selected
Provider on behalf of the City.
Unless the services are being sought by bid, the Contract Officer:
1. May discuss with one or more Providers the alternative methods for providing the
required services;
2. May conduct further negotiations with one or more of the most qualified Providers
to fully clarify their proposal to provide services; and
3. Shall select the Provider that will provide the services to the best advantage of the
City.
D. "Provider" is a person or firm who provides the type of services sought by the City.
E. "Selected Provider" is the person or firm selected by the City to provide the services.
05-90 7.12.020
7.12.020 Methods of Selection. The following are the alternative methods for selecting a
Provider:
A. Personal Request for Proposals. The Contract Officer directly contacts one or more
potential Providers to obtain proposals; selects the Provider who proposes to provide services to the
best advantage of the City; and enters into a contract on behalf of the City.
B. Limited Request for Proposals. The Contract Officer requests several Providers to
submit proposals; selects the Provider who proposes to provide services to the best advantage of the
City; and enters into a contract on behalf of the City.
C. General Request for Proposals. The Contract Officer posts, publishes and mails a
Notice of Request for Proposals; selects the Provider who proposes to provide services to the best
advantage of the City; and enters into a contract on behalf of the City.
D. Solicitation of Bids. The Contract Officer posts, publishes and mails a Notice of
Solicitation of Bids; selects the responsible Provider who submits a responsive bid setting forth the
lowest price; and enters into a contract on behalf of the City. This method will be used where the
services needed are of technical nature that involve little professional judgment and therefore
selecting the lowest responsible, responsive bid would be in the public's interest.
7.12.030 Services for Short-term/Cost Less than $50.000.
A. Services for City Council Project. Where the City Council determines to acquire
services for a City Council-initiated project, the City Manager shall serve as the Contract Officer
under the direction of the City Council; except the City Council shall select the provider.
B. Services for Third Party Project. Where a third party is proposing a project which
requires the City to obtain services to process or administer that project and the costs incurred by
the City are to be reimbursed by the third part, the City Manager or City Manager's designee shall
serve as the Contract Officer.
C. Services for Other Projects. Unless otherwise provided, where the City Council has
budgeted funds which are available for obtaining services for other projects, the City manager or
the City Manager's designee shall serve as the Contract Officer.
Participant Scope and Signature Page
Participant Name City Of Escondido
Participant Address 201 N. Broadway. Escondido. CA 92025
Participant Phone Number 760-839-4037 Contribution Amount $73.040.00
Contact Person Dan Hildebrand. GIS Manager Contact Email dhildebrand@escondido.org
Imagery Project Description:
Number of tiles to be purchased at 100% (no agency sharing): 420 @ $160.00 $67,200
Number of tiles to be purchased at 50% (share with one other agency): 62 @ $80.00 $4,960
Number of tiles to be purchased at 33% (share with two other agencies): 15 @ $53.33 $800
Number of tiles to be purchased at 25% (share with three other agencies): 2 @ $40.00 $ 80
Total $73,040
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
Clay Phillips City Manager
Printed Name Title
Signature Date
Sec. 10-103
Sec. 10-103. Summary; when informal and
formal bidding procedures are
dispensable.
Bidding required under this chapter shall not be
necessary under the following circumstances:
(a) When the city manager determines that an
emergency requires an order be placed with the
nearest available source of supply; or
(b) When the commodity or item is required
to match or be compatible with other furnishings,
materials or equipment presently on hand and is to
be purchased from the supplier of such on-hand
items; or
(c) When a particular type or make of com-
modity or item, furnishings, type of material or
equipment has been standardized for the city by
order of the city manager; or
(d) When the city manager has declared in
writing a specific brand or a specialized piece of
equipment is required to meet quality and perform-
ance criteria, and a substitute item would not meet
or exceed the specified criteria. In such cases, the
brand item or specialized piece of equipment may
be considered a sole source; or
(e) When, in the course of the formal bid pro-
cedure prescribed by section 10-102, no bids are
received or all bids received substantially exceed
the city's cost estimate for the purchase; or
(f) When the provisions of section 10-100 or
10-101 is applicable. (Ord. No. 2007-02(RR) § 1,
2-28-07)
Sec. 10-104. Award of bids; sales tax credit.
The amount of local sales tax to be allocated to
the city by any vendor as in accordance with sec-
tion 10-85 shall be credited against the bid amount
for determining the bid award. (Ord. No. 2007-
02(RR)§ 1,2-28-07)
Sec. 10-105. Recycled products;
specifications.
Specifications for supplies and equipment may
not require the use of products manufactured from
virgin materials or exclude the use of recycled
products, reusable products or products designed to
be recycled unless it can be demonstrated to the
purchasing officer that these products would not
achieve a necessary performance standard. (Ord.
No. 2007-02(RR) § 1, 2-28-07)
Sec. 10-106. Recycled products; low bid not
required.
Award of bids to the lowest bidder may not be
required when recycled products are purchased.
The city encourages the purchase of recycled con-
tent for supplies and equipment. It may include
post-consumer waste of the highest content possi-
ble. (Ord. No. 2007-02(RR) § 1, 2-28-07)
Sec. 10-107. Recycled products; promotion.
The purchasing officer may encourage manu-
facturers, distributors and bidders to provide and
use recycled products or products designed to be
recycled. The city may participate in cooperative
purchasing efforts with other government agencies
buying recycled products. (Ord. No. 2007-02(RR)
§1,2-28-07)
Sec. 10-108. Authorizations to purchase
supplies and equipment.
~ (a) Authorization for the purchase of supplies
and equipment may be approved by the following
parties, once all insurance requirements are met,
and agreements have been approved to form by the
city attorney:
(1) The city council shall approve contracts
for amounts over one hundred thousand dollars
($100,000.00).
_9 (2) The city manager may approve and exe-
cute contracts up to a maximum amount of one
hundred thousand dollars ($100,000.00).
(3) The city manager or his or her desig-
nee(s), including department heads, may approve
and execute contracts up to a maximum amount of
fifty thousand dollars ($50,000.00).
(4) The city manager or his or her desig-
nee(s), including superintendents, may approve and
execute contracts up to a maximum amount of
twenty five thousand dollars ($25,000.00).
169 (Escondido Municipal Supp. No. 57,6-07)
Participant Scope and Signature Page
Participant Name: City of Oceanside
Contribution Amount: $ 39,466.67
Participant Address: 300 N. Coast Hwy.. Oceanside. CA 92054
Contact Phone Number: 760 435-5809
Contact Person: Talli Carev. CIS Supervisor
Contact Email: tcarev@ci.oceanside.ca.us
Imagery Project Tile Sharing:
Number of tiles to be purchased at 100% (no agency sharing): 199 @ $160.00 = $ 31,840.00
Number of tiles to be purchased at 50% (share with one other agency): 80 @ $160.00/2 = $ 6,400.00
Number of tiles to be purchased at 33% (share with two other agencies): 23 @ $160.00/3 = $ 1,226.67
Number of tiles to be purchased at 25% (share with three other agencies): 0 @ $160.00 = $ 0
Total: $39.466.67
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
Peter Weiss
Printed Name
Signature
City Manager
Title
Date
APPROVED AS TOORM
IBARA L. HAMILTON
Assistant City Attorney
CITY OF OCEANSIDE
ADMINISTRATIVE DIRECTIVE
SUBJECT:
PROCUREMENT OF GOODS AND SERVICES
NUMBER PAGE
19 OF 26
APPROVAL DATE:
January 24, 2008
Attachment A
PURCHASING
PROCESS FLOW
CHART
BEST
Purchase(s)
$25,001 to
$50,000
^^ •
PV i c
•
I
Up to $2,500
Counter
Purchase Procedure
- Competitive Pricing
- Direct Purchase
- No Requisition
- No Purchase Order
- ATP Required
E
•
m• ,i
$2,501- $10,000 $10,001 -$25,000
Approved by
City Manager
$25,001 -
$50,000
I
Verbal Quote
Procedure
- Competitive Pricing
- 3 Verbal Quotes
(Written/Fax/Email)
- Justification for Sole
Source/Sole Brand
- No Requisition
(unless requested)
- Purchase Order
(unless requested)
- ATP Required
- Recurring purchases
exceeding $10,000 must
follow informal bidding
procedures.
Informal Bid
Procedure
- Competitive Pricing
- 3 Verbal Quotes
(Written/Fax/Email)
- Justification for Sole
Source/Sole Brand
- Requisition Required
- Purchase Order
Required
- No ATP
- Recurring purchases
exceeding $25,000 must
follow informal bidding
procedures.
Informal Bid
Procedure
- Competitive Pricing
- 3 Verbal Quotes
(Written/Fax/Email)
- Justification for Sole
Source/Sole Brand
-Requisiton Required
- Purchase Order
Requirec
- No ATP
Formal Bid
Procedure
• Formal Bidding (RFP)
•Staff Report Prepared
Justification for Sole
Source/Sole Brand
- Requisition Required
Purchase Order
Required
- No ATP
Participant Scope and Signature Page
Participant Name: City of Poway
Contribution Amount: $36.640.00
Participant Address: 13325 Civic Center Drive, Poway, CA 92064
Participant Phone Number: 858-668-4452
Contact Person: Brad Rosen. IT Manager
Contact Email: BRosen@ci.powav.ca.us
Imagery Project Tile Sharing:
Number of tiles to be purchased at 100% (no agency sharing): 229 @ $160.00 = $36,640
Number of tiles to be purchased at 50% (share with one other agency): 0 @ $160.00 = $ 0
Number of tiles to be purchased at 33% (share with two other agencies): 0 @ $160.00 = $ 0
Number of tiles to be purchased at 25% (share with three other agencies): 0 @ $160.00 = $ 0
Total $36.640
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
Rod Gould City Manager
Printed Name Title
Signature Date
5/26/2009 Chapter 3.28 PURCHASING
Chapter 3.28
PURCHASING
Sections:
3.28.010 Adoption.
3.28.020 Establishment of Centralized Purchasing Division.
3.28.030 Exceptions to centralized purchasing.
3.28.040 Repealed.
3.28.050 Unauthorized purchases.
3.28.060 Formal bidding procedure - Public works projects.
3.28.070 Formal bidding procedure.
3.28.080 Exceptions to bidding requirements.
3.28.090 Repealed.
3.28.100 Professional services.
3.28.110 Cooperative purchasing.
3.28.120 Award and execution of contracts.
3.28.125 Amendments to contracts.
3.28.130 Insurance and licensing.
3.28.140 Procurement of recycled products.
3.28.010 Adoption.
In order to establish efficient procedures for the purchase of supplies, equipment,
materials and services; to secure the same for the City at the lowest possible cost
commensurate with the quality needed; to exercise positive financial control over purchases;
and to ensure that purchases are consistent with the City's adopted budget; a purchasing
system is adopted. (Ord. 675 § 1, 2008; Ord. 55 § 1, 1982)
3.28.020 Establishment of Centralized Purchasing Division.
There is created a Centralized Purchasing Division under the City Manager or the City
Manager's designee in which is vested the authority for the purchase of supplies, equipment
and services. (Ord. 675 § 2, 2008; Ord. 55 § 2, 1982)
3.28.030 Exceptions to centralized purchasing.
The Director of Administrative Services or designee may, when authorized by the City
Manager in writing, authorize a department or division to purchase supplies and equipment
when such purchases may be made more advantageously or expeditiously by the respective
department or division. (Ord. 675 § 3, 2008; Ord. 260 § 1, 1988; Ord. 55 § 3, 1982)
3.28.040 Purchase order- Encumbrance of funds.
Repealed by Ord. 675. (Ord. 260 § 2, 1988; Ord. 55 § 4, 1982)
3.28.050 Unauthorized purchases.
No City department head, division head or other employee shall make or order the
purchase of any supplies, equipment, materials or services or make any contract without the
prior approval, in writing, of the Director of Administrative Services. (Ord. 675 § 5, 2008; Ord.
260 §1, 1988; Ord. 55 §5, 1982)
3.28.060 Formal bidding procedure - Public works projects.
Contracts for public projects shall be administered in the manner provided by Section
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20160 et seq. of the Public Contracts Code as may be amended from time to time. (Ord. 55
§6,1992)
3.28.070 Formal bidding procedure.
Except as otherwise provided in this chapter, any purchase which exceeds $50,000 in
value for supplies, services, and equipment, or the amount established by Public Contracts
Code Section 20162 and succeeding amendments for contracts on public works projects,
will be by formal bid.
A Notices inviting sealed bids shall be published at least twice, not less than five days
apart, the first time being 10 days before the date of the opening of the bids, in a newspaper
of general circulation in the City, or they shall be posted in at least three places in the City
that have been designated by ordinance as the places for posting public notices.
B. Notices inviting bids shall include a general description of the articles to be purchased,
where bid forms and specifications may be obtained, and the time, date and place for the
opening of bids.
C. When deemed necessary by the Director of Administrative Services, bidder's security
may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid
security; provided, however, that a successful bidder shall forfeit the bid security upon the
bidder's refusal or failure to execute the contract within 10 days after the notice of award of
contract has been mailed. 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 amount of the lowest bidder's
security shall be applied by the City to the contract price differential between the lowest bid
and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If
the City Council rejects all bids presented, due to the failure of the successful bidder to
execute the contract, and readvertises, the amount of the lowest bidder's security may be
used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the
lowest bidder.
D. Sealed bids together with bidder's security shall be submitted to the Director of
Administrative Services or designee. The bid shall be so identified on the envelope. Bids
shall be opened in public at the date, time and place stated in the public notices inviting the
bids. Any bid received after the scheduled time of the bid opening shall be returned to the
bidder unopened. A tabulation of all bids received shall be available for public inspection
during regular business hours for a period of not less than 30 calendar days after the bid
opening.
E. At its sole discretion, the City Council may reject any and all bids presented and
readvertise for bids pursuant to the procedure prescribed above. In the event no bids are
received or all bids are rejected, the City Council may, in accordance with Public Contracts
Code Section 20167, and any amendments thereto, direct the Director of Administrative
Services or designee to proceed pursuant to paragraphs relating to open market procedure
or competitive negotiations.
F. If two or more bids received are for the same total amount or unit price, quality and
service being equal, the City Council may at its discretion accept the bid it chooses with or
without further negotiations with the tie bidders.
G. The City shall have authority to require performance and labor and materials security
before entering a contract in such amount as it finds reasonably necessary to protect the
best interests of the City. If the City requires security, the form and the amount of the security
shall be described in the notice inviting bids. The notice inviting bids may provide that
security may be posted in the form of a surety bond, a letter of credit drawn on an institution
located in San Diego County and approved by the City Attorney, or a cash deposit. (Ord. 675
§ 6, 2008; Ord. 260 §§1,3, 1988; Ord. 188 § 1, 1986; Ord. 55 § 7, 1982) ^
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3.28.080 Exceptions to bidding requirements.
Where otherwise required by this chapter, formal or informal bidding procedures may be
waived, at the discretion of the City Manager or his or her designee, when:
A. An emergency requires that the supplies, services or equipment be acquired from the
nearest available source or vendor.
B. The supplies, services or equipment can be obtained from only one vendor or source.
C. The supplies or equipment are required to match or be compatible with other supplies
or equipment previously purchased by the City.
D. The City Manager or City Council has established a standardized type or make of
supplies or equipment for the City.
E. The City Manager, or his or her designee, determines that competitive bidding is
impossible, or not in the public's interest.
F. Services, other than a public project, as defined by Public Contracts Code Section
20161, are to be performed entirely by City forces.
G. For public projects, as defined by Public Contracts Code Section 20161, no bids are
received, or the City Council has rejected all bids pursuant to Public Contracts Code Section
20167, and any amendments thereto.
H. The value of the supplies, services or equipment to be purchased does not exceed
$1,000.
Open market purchases shall, wherever possible, be based on at least three bids and
shall be awarded to the lowest responsible bidder. The lowest responsible bidder will be the
individual or firm who submits a responsible bid based on total cost, and which is determined
to be the most advantageous to the City. (Ord. 675 § 7, 2008; Ord. 260 § 1, 1988; Ord. 55 §
8, 1982)
3.28.090 Competitive negotiations.
Repealed by Ord. 675. (Ord. 361 § 1, 1992; Ord. 260 § 1, 1988; Ord. 55 § 9, 1982)
3.28.100 Professional services.
The selection of a firm for professional services will be made by qualification-based
selection. In order to implement this method of selection when contracting for architectural,
professional engineering, land surveying, construction management and other professional
services, the City must be sure that selection is made on the basis of demonstrated
competence and qualifications for the types of services to be performed and at fair and
reasonable prices. Whenever possible, at least three proposals shall be required for the
professional services needed. The requirement for multiple proposals may be waived if only
one firm or individual can provide the service. It is the policy of the City to give prime
consideration to consultants and other professionals whose offices are located within the
City of Poway, but the final selection shall still be made based on demonstrated competence
and professional qualifications first and agreed-upon financial agreement second. (Ord. 361
§3,1992)
3.28.110 Cooperative purchasing.
Purchase of supplies, services and equipment by contract, arrangement and agreement
for the cooperative purchasing programs with the State, the County and any other public or
municipal corporation of the State may be made by the Director of Administrative Services
when the administering agency has made their purchase in a competitive manner. (Ord. 675
§ 9, 2008; Ord. 260 § 1, 1988; Ord. 55 § 11, 1982)
3.28.120 Award and execution of contracts.
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Except in emergency situations, all contracts for supplies, services and equipment in an
estimated amount of $50,000 or more and public works projects in an estimated amount of
$5,000 or more shall be awarded by the City Council. Contracts for supplies, services and
equipment in an amount less than $50,000 shall be executed by the City Manager or the City
Manager's designee. No contract shall be approved by the City Council or City Manager
unless the expenditure is consistent with the City's adopted budget. (Ord. 675 § 10, 2008;
Ord. 55 §12, 1982)
3.28.125 Amendments to contracts.
Approval of amendments to contracts for supplies, services or equipment, other than
contracts for public works projects, shall be consistent with the authority limits set forth in
PMC 3.28.120. The authority to approve an amendment shall be determined based on the
total cost of the contract, including the amendment. (Ord. 675 § 11, 2008)
3.28.130 Insurance and licensing.
When contracting for services of any kind, no matter what the value of the contract is, the
contractor must have:
A. A policy of general liability insurance covering the contractor for claims and judgments
arising from their products or activities for the City. The policy shall be for a minimum of
$1,000,000 and extended by endorsement naming the City as additional insured. The
$1,000,000 limit may be adjusted up or down by the Director of Administrative Services or
designee in conjunction with the City Attorney based upon the type of contract or service
being considered and the potential liability exposure.
B. The contractor, when required by law, must be licensed to perform work in the State of
California, and the license must be current and properly classified. (Ord. 675 § 12, 2008;
Ord. 361 §4, 1992)
3.28.140 Procurement of recycled products.
When purchasing recycled products of any kind these are the basic requirements:
A. Specification for the supplies and equipment should not require the use of products
manufactured from virgin materials or exclude the use of recycled products, reusable
products or products designed to be recycled unless it can be demonstrated that these
recycled products would not achieve the necessary performance standard.
B. The City will purchase acceptable supplies and equipment that use products with
recycled content. Such recycled content shall include post consumer waste of the highest
content possible. Reasonable performance shall not be sacrificed for recycled content.
C. Manufacturers, distributors and contractors will be encouraged to provide and use
recycled products, reusable products or products designed to be recycled.
D. Wherever possible, recycled products purchased by the City will be labeled as such to
promote the program.
E. The City will participate in cooperative purchasing efforts with other government
agencies in buying recycled products. (Ord. 413, 1993)
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Participant Scope and Signature Page
Participant Name City of San Marcos
Participant Address 1 Civic Center Drive, San Marcos, CA 92069
Participant Phone Number (760) 744-1050 Contribution Amount $ 25,013.33
Contact Person Mettja Kuna Contact Email mkuna@san-marcos.net
Imagery Project Description: 214 Tiles of 4-inch Resolution Orthophotos, LiDAR and 2-ft Contours
Number of tiles to be purchased at 100% (no agency sharing): 101
Number of tiles to be purchased at 50% (share with one other agency): 106
Number of tiles to be purchased at 33% (share with two other agencies): 7
Number of tiles to be purchased at 25% (share with three other agencies): 0
Additional Work Description and Costs:
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
Paul Malone
Printed
Signature
City Manager
Title
Date
CHARTER
City of San Marcos
PREAMBLE
\Ve the people of the City of San Marcos declare our intent to restore to our community the historic principles of self
governance inherent in the doctrine of home-rule. Sincerely committed to the belief that local government has the closest affinity to the
people governed, and firm in the conviction that the economic and fiscal independence of our local government will better serve and
promote the health, safety and welfare of all the citizens of this City, we do hereby exercise the express right granted by the Constitution
of the State of California to enact and adopt this Charter for the City of San Marcos.
CHARTER
Article I - Municipal Affairs; Generally
Section 100. Municipal Affairs. Each of the responsibilities of
governance set forth and described in this Charter, and as
established by the Constitutional, statutory and judicially defined
law of the State of California, is hereby declared to be a municipal
affair or concern, the performance of which is unique to the
benefit of the citizens of the City of San Marcos.
Article II - Revenue, Savings and Generation
Section 200. Public Works Contracts. The City shall have the
power to establish standards, procedures, rules or regulations to
regulate all aspects of the bidding, award and performance of any
public works contract, including, but not limited to, the
compensation rates to be paid for the performance of such work.
Section 201. Public Financing. The City shall have the power to
establish standards, procedures, rules or regulations related to any
public financing.
Section 202. Utility Franchises
202.1. The City shall have the power to adopt any ordinance
providing for the acquisition, development, or operation by the
City of any public utility, or any ordinance providing for the
granting of a franchise to any public utility not owned by the
City which proposes to use or is using City streets, highways or
other rights-of-way.
202.2 Notwithstanding the terms of §202.1, after the
effective date of this amendment, the City, a utility established
by the City, or any commission, agency or unit of the City
government (individually or collectively hereinafter "City")
shall not, prior to November 2, 2014, itself or through a third
party, provide Distribution Services within the boundaries of
the City unless each of the following conditions shall have first
been met:
202.2.1 The City shall charge the same or a lower cumulative
rate (taking into account all cost factors) for Distribution
Services for each consumer classification as that which is
charged by the City's incumbent franchisee.
202.2.2 The City shall have the financial ability and provide
the Distribution Services without incurring debt or encumbering
the general fund of the City.
202.2.3 Prior to any election required by the terms hereof, a
qualified, independent auditor shall certify that the Distribution
Services proposed will satisfy subsections 202.2.1 and 202.2.2
above.
202.2.4 At an election to be scheduled by the City, the voters
of San Marcos shall approve proposed Distribution Services.
202.2.5 Distribution Services shall mean ownership and/or
operation of any pipes, wires, and electric and gas utility plant
and related services for the delivery of electricity or natural gas
to consumers but only within the boundaries of the City of San
Marcos.
Section 203. Enterprises. The City shall have the power to
engage in any enterprise deemed necessary to produce revenues
for the general fund or any other fund established by the City
Council to promote a public purpose.
Article III - Revenue Retention
Section 300. Reductions Prohibited. Any revenues raised and
collected by the City shall not be subject to subtraction, retention,
attachment, withdrawal or any other form of involuntary
reduction by any other level of government.
Section 301. Mandates Limited. No person, whether elected or
appointed, acting on behalf of the City, shall be required to
perform any function which is mandated by any other level of
government, unless and until funds sufficient for the performance
of such function are provided by said mandating authority.
This version contains amendments ratified by the voters on November 7, 2000 and November 4, 2004
2.20.060-2.20.100
2.20.060 Bond. The City manager shall furnish a corporate surety bond, to be approved by the
City Council, in such a sum as may be determined by the City Council, which bond shall be conditioned
upon the faithful performance of the duties imposed upon the City manager as prescribed in this
chapter. Any premium for such bond shall be a proper charge against the City.
2.20.070 Compensation; Expenses.
(a) The City manager shall receive such compensation and expense allowances as the City
Council shall from time to time determine and fix by resolution and the compensation and expenses
reimbursements shall be a proper charge against such funds of the City as the City Council shall
designate.
(b) The City manager shall be reimbursed for all sums necessarily incurred or paid by him in
the performance of his duties when traveling on duties pertaining to the City. The need for traveling
within the county and to the City of Los Angeles shall be determined by the City manager; however,
other travel shall be authorized by the City Council. Reimbursement for expenses shall only be made
when a verified itemized claim setting forth the sums expended for which reimbursement is requested
has been presented to the City Council and duly approved and allowed by the City Council.
2.20.080 Removal. The removal of the City manager shall be only upon a majority vote of the
whole City Council. Notwithstanding other provisions of this division, the City manager shall not be
removed from office during or within a period of sixty (60) days next succeeding any general City
election held in the City at which election a member of the City Council is elected.
2.20.090 City Manager Pro Tem. The City manager shall appoint, subject to the approval of
the City Council, one of the other officers or department heads of the City to serve as City manager pro
tern during any temporary absence or disability of the City manager and upon his failure to appoint a
manager pro tern, the City Council may designate some duly qualified person to perform the duties of
the City manager during the period of absence or disability of the City manager, subject, however, to
that person furnishing a corporate surety bond conditioned upon faithful performance of the duties
required by this division to be performed by the City manager.
2.20.100 Powers and Duties Generally. The City Manager, who shall be responsible to the
City Council, shall be the chief administrative officer of the government of the City, under the direction
and control of the City Council, except as otherwise provided in this division; he shall be responsible for
the efficient administration of all the affairs of the City which are under his control. In addition to his
general powers as administrative head and not as a limitation thereon, it shall be his duty and he shall
have the powers set forth in the following sections:
(a) Enforcement of laws. It shall be the duty and authority of the City manager to see that
all laws, provisions of this Code and other ordinances of the City are duly enforced and that all
franchises, permits and privileges granted by the City are faithfully observed.
(b) Personnel direction. It shall be the duty and authority of the City manager to control,
order and give directions to all appointive department heads and to subordinate officers and employees.
In departments of the City, orders and directions shall be given to employees of the department through
the department head. The City manager may transfer employees from one department to another and
may consolidate or combine offices, positions, departments or units under his direction.
2.20.100-2.20.100
(c) Personnel appointment, advancement and removal. It shall be the duty and authority
of the City manager to appoint, remove, suspend, promote and demote any and all appointive officers
and employees of the City in accordance with the personnel provisions of this chapter and other City
ordinances and the personnel rules and regulations of the City, except those officers who shall be
appointed specifically by the City Council, including the City Attorney. Political beliefs or affiliations shall
not be a basis for appointment or removal. The City manager shall have the authority to correct during a
fiscal year any salary inequity caused by the addition of duties and the City Council shall be notified of
the adjustment.
The City manager shall make and keep up-to-date job or position descriptions for all employees
of the City.
(d) Departmental and personnel control. It shall be the duty and authority of the City
manager to exercise control over all departments of government of the City and over all appointive
officers and all employees thereof.
(e) Council meetings. It shall be the duty and authority of the City manager to attend all
meetings of the City Council unless excused therefrom by the City Council, except when his removal is
under consideration by the City Council.
(f) Recommendations to the City Council. It shall be the duty and authority of the City
manager to recommend to the City Council for adoption such measures and recommendations as he
deems necessary or expedient.
(g) Financial matters. It shall be the duty and authority of the City manager to keep the
City Council at all times fully advised as to the financial conditions and needs of the City.
(h) Budget. It shall be the duty and authority of the City manager to prepare and submit
before the first day of June of each year, the proposed total annual budget, including the proposed
annual salary plan, to the City Council for its consideration. The City manager shall be responsible for
the administration of the budget after its final adoption and he shall keep the City Council informed with
respect thereto.
(i) Purchases; inventory. It shall be the duty and authority of the City manager to
purchase all supplies for all the departments or divisions of the City. No expenditure shall be submitted
or recommended to the City Council, except on report or approval of the City manager. The City
manager shall also cause to be made and kept up-to-date an inventory of all property, real and
personal, owned by the City.
Any limitations on the maximum which may be spent by the City manager on budgeted
equipment shall be set forth from time to time by policy statements by the City Council.
(j) Investigations. It shall be the duty and authority of the City manager to make
investigations into the affairs of the City and any department or division thereof and any contract or the
proper performance of any obligations running to the City.
(k) Complaints; services rendered by public utilities. It shall be the duty and authority of
the City manager to investigate all complaints in relation to matters concerning the administration of the
City government and in regard to the service maintained by public utilities in the City and to see that all
franchises, permits and privileges granted by the City are faithfully performed and observed.
Participant Scope and Signature Page
Participant Name City of Solana Beach
Participant Address 635 S. Highway 101. Solana Beach. CA 92075-2215
Participant Phone Number 858-720-2476 Contribution Amount $ 2.013.34
Contact Person Jim Greenstein Contact Email iqreenstein@cosb.org
Imagery Project Description:
Number of tiles to be purchased at 100% (no agency sharing): none
Number of tiles to be purchased at 50% (share with one other agency): 20
Number of tiles to be purchased at 33% (share with two other agencies): 7
Number of tiles to be purchased at 25% (share with three other agencies): 1
Additional Work Description and Costs:
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
David Ott, City Manager Date
&>-
Chapter 3.08 PURCHASING Page 5 of 7
60 calendar days after a notice of completion has been signed by the authorized
department director and the authorized project coordinator, provided there are no outstanding
stop orders or mechanics liens. (Ord. 293 § 3, 2002)
3.08.085 Purchase of used equipment.
If opportunities arise to purchase used equipment, such equipment may be purchased
without competitive bidding, provided all the following conditions are met:
A. The equipment being sold is warranted or, in the case of an "as-is, where-is" purchase,
there is an inspection by a qualified party who certifies that the condition of the item is
acceptable and adequate for efficient city use.
B. The dealer of the equipment is a bona fide and reputable dealer as verified through
reference checks or the equipment is being purchased from another governmental entity.
C. The selling price of the equipment is less than $15,000, including tax, installation, freight,
and any other additional acquisition costs.
D. If no bids are received from the formal bidding process for the purchase of used
equipment with a selling price of over $15,000, a written request to commence negotiation
with a vendor(s) must be submitted to the city manager for approval. Acceptance of the
contract is subject to city council approval.
Justification for the sole source purchase of used equipment must be documented and
maintained as part of the procurement file.
It is not allowable to purchase used equipment when procedures for the acquisition of new
equipment have been circumvented to avoid the competitive bidding process. (Ord. 293 § 3,
2002)
3.08.090 Inspection and testing.
The purchasing officer shall supervise the inspection and testing of supplies and equipment
delivered to determine their conformance with the specifications set forth in the purchase
order or contract. The purchasing officer 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. Before payment is authorized,
the satisfactory receipt of goods shall be established as prescribed in the administrative
regulat[onsgoy^jng.tj^processingofpurchase orders. (Ord. 293 § 3, 2002)
3.08.095 Award and execution of contracts.
Except in emergency situations pursuant to SBMC 3.08..Q6Q, all contracts for supplies,
services and equipment in an estimated amount of $15,000, or more, shall be awarded by the
city council. Contracts for supplies, services and equipment in an estimated amount of less
than $15,000 shall be executed by the city manager or designee. (Ord. 293 § 3, 2002)
3.08.100 Change orders for contracts covering'the purchase of suppTrCSTservices or
equipment.
A. Change orders for contracts for the purchases of supplies, services and equipment may
not exceed the original bid amount by more than 25 percent.
B. Change orders for an amount of less than $15,000 may be approved by the city
manager if unencumbered funds are available.
C. Change orders for an amount of $15,000 or more shall require city council approval.
D. Any change order that results in the need for additional appropriation shall be approved
by the city council. (Ord. 293 § 3, 2002)
3.08.105 Change orders for contracts covering public works construction projects.
A. Change orders for an amount of less than $5,000 shall be approved by the department
director overseeing the project.
B. The city manager may approve any change order for $5,000 or more with the following
limitations: 10 percent of the contract value, provided sufficient project appropriations exist.
C. The city council shall approve any change order for amounts that exceed any of the
limitations in subsection (B) of this section. (Ord. 293 § 3, 2002)
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Participant Scope and Signature Page
Participant Name City of Vista
Participant Address 600 Eucalyptus Avenue
Participant Phone Number (760)639-6185 Contribution Amount $30.400
Contact Person Robert Borowski Contact Email rborowski@citvofvista.com
Imagery Project Description:
Number of tiles to be purchased at 100% (no agency sharing): 118 @ $160.00 = $18,800
Number of tiles to be purchased at 50% (share with one other agency): 126 @ $80.00 = $10,080
Number of tiles to be purchased at 33% (share with two other agencies): 27 @ $53.33 = $1,440
Number of tiles to be purchased at 25% (share with three other agencies): 0 @ $40.00 = $0
Additional Work Description and Costs:
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
Rita L. Geldert City Manager
Printed Name Title
Signature Date
ORDINANCE NO. 2007-9
CITY OF VISTA
PAGE 10
Purchasing Officer shall not issue any purchase order for supplies, services or
equipment unless there exists an unencumbered appropriation in the fund
account against which such purchase is to be charged.
"Section 3.08.090 Award and Execution of Contracts.
A. Purchase Contracts Executed and Approved by City Council.
Except in emergency situations pursuant to Section 3.08.060.E and situations
involving applicant-funded environmental assessments under Section
15.04.40.D, all contracts for supplies, services, equipment and public projects
with an estimated amount in excess of $75,000 shall be awarded by the City
Council.
B. Purchase Contracts Executed by City Manager. Contracts for
supplies, services, equipment and public projects in an estimated amount of
$75,000 or less, and contracts authorized by Sections 3.08.060.E or 15.04.40
shall be executed by the City Manager.
C. Contracts Executed by City Attorney. The City Attorney may
execute contracts of up to $75,000 when the contract is for, or is in support of,
legal services.
D. Notice of Award; Satisfaction of Post-Bid Requirements. After
the City makes a determination to award a contract in accordance with this
Chapter, the City shall issue a written notice of award of contract to the
contracting party. Within the time specified in the notice of award, the bidder shall
submit to the City all of the documents required by the invitation for bids (if any
are identified, such as signed contract documents, insurance, or performance
security). If no time is specified in the notice of award, the bidder shall submit all
required documents within ten calendar days after the date of the notice of
award.
E. Award to Next Lowest Bidder. In the event that the bidder
awarded the contract does not properly and timely execute and submit all of the
documents required by the invitation for bids, the City may void the previous
award of contract, and award the contract to the next eligible bidder. This
process may continue until the City awards the contract to bidder who complies
with this Section.
"Section 3.08.100 Modifications of Awarded Contracts.
A. Contracts Originally Approved by the City Council. Contracts
originally approved by the City Council may be modified or amended in writing
under either of the following circumstances:
1. The City Manager is authorized to approve written contract
amendments or written change orders when: (a) the value of the amendments or
change orders, in aggregate, do not exceed the greater of $25,000 or ten percent
of the aggregate value of the original contract; and (b) the contract amendment
or change order is executed by contractor and the City Manager.
2. The City is authorized to approve written amendments or written
change orders in amounts greater than provided in subparagraph 1, when all of
Participant Scope and Signature Page
Participant Name: Santa Fe Irrigation District
Contribution Amount: $14,133.33
Participant Address: 5920 Linea del Cielo, PO Box 409 Rancho Santa Fe, CA 92067
Contact Phone Number: 858-756-2424
Contact Person: Karen Falk
Contact Email: kfalk@sfidwater.org
Imagery Project Tile Sharing:
Number of tiles to be purchased at 100% (no agency sharing): @ $160.00 = $ 10,080.00
Number of tiles to be purchased at 50% (share with one other agency): @ $160.00 = $ 2,960.00
Number of tiles to be purchased at 33% (share with two other agencies): @ $160.00 = $ 1,013.33
Number of tiles to be purchased at 25% (share with three other agencies): @ $160.00 = $ 80.00
Total $14.133.33
The person signing below represents that he/she is the designated representative of the Participant listed
above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the
Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees
to the terms and conditions of said Agreement.
Michael Bardin General Manager
Printed Name Title
Signature Date
£(/
EXHIBIT A
ARTICLE 20. - PROCUREMENT
Sec. 20.1 General
The Santa Fe Irrigation District (District) shall procure required goods and services
commensurate with acceptable quality at the lowest possible cost. Appropriate
internal financial controls shall be exercised over all procurements. No procurement
shall be authorized unless the goods or services to be procured have been approved
pursuant to the District's budgetary process.
The General Manager shall execute and maintain administrative procedures to
ensure that the procurement of all goods and services are properly documented as
conforming to this policy, related internal financial controls, and all applicable
administrative procedures.
The District shall not discriminate against any person or entity because of race,
color, creed, sex, religion, national origin, disability, medical condition, sexual
orientation, or any other protected category under federal, state or local law and shall
place, in all procurement related solicitations or advertisements for formal
procurement of goods or services, a statement that all qualified bidders will receive
consideration without regard to color, creed, sex, religion, marital status, age,
national origin, disability, medical condition, sexual orientation, or any other
protected category under federal, state or local law, or words to that effect.
The General Manager may, at their discretion, delegate duties contained in this
policy.
Sec. 20.2 Public Works Construction Contracts
Sec. 20.2.1 General
All District construction and capital improvements work in excess of $35,000, unless
performed by Santa Fe Irrigation District (the District) forces, shall be let by
competitive bidding in accordance with Sections 20560-20570 of the Public Contract
Code, unless otherwise approved by the Board, as in an emergency and in accordance
with Public Contract Code section 22050.
Sec. 20.2.2 Acceptance of Bids
Acceptance of any bid over $35,000 shall be by action of the Board. The Board
reserves the right to reject all bids or to make such award as it deems to be in the best
interest of the District, and in accordance with law.
The General Manager is authorized to accept any bids of $35,000 or less, and reserves
the right to reject all bids or to make such award in the best interest of the District,
and in accordance with law.
Sec. 20.2.3 Relief of Bidders
A bidder shall not be relieved of their bid unless by consent of the Board as provided
in Public Contract Code Section 5100 et. seq.
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Sec. 20.2.4 Prequalified Bidders
The District reserves the right to prequalify bidders on public works projects.
Sec. 20.2.5 Change Orders
Sec. 20.2.5.1 Individual
The General Manager is authorized to approve change orders up to $25,000 when a
change in the scope of work occurs, as long as the project budget has sufficient funds.
Sec. 20.2.5.2 Cumulative Total
The General Manager is authorized to approve change orders as specified in Sec.
20.2.6.1 to a maximum cumulative total value of 15% of the contract for contracts
under $1 million and 7.5% of contracts over $1 million or $150,000, whichever is
greater, without prior approval of the Board.
Sec. 20.2.6 Project Acceptance
Sec. 20.2.6.1 General
The Board of Directors shall accept all public works projects and authorize staff to
file a notice of completion.
Sec. 20.2.6.2 Retention
In addition to withholding any amounts as liquidated damages, the District may,
withhold 150% of the value of all disputed work items, including punch list work
items, as disputed funds pursuant to the provisions of Public Contract Code section
7107. Retention shall be released in accordance with Public Works Contract Code
Section 7107. The District may further withhold funds to sufficiently address stop
notices at 125% of the amount of an outstanding Stop Notice pursuant to Civil Code
Section 3186.
Sec. 20.3 Procurement of Goods, Services and Supplies
Sec. 20.3.1 District Procurement Approval Levels
The General Manager is authorized to make purchases of $25,000 or less for goods,
services and supplies. Purchases over $25,000 require approval of the Board of
Directors. The General Manager will designate levels of purchasing authority to
appropriate District staff.
Sec. 20.3.2 Authorized Procurement Methods
Sec. 20.3.2.1 Purchase Orders
A purchase order is required for all purchases of $500 or more.
Sec. 20.3.2.1 Open Purchase Orders
Open purchase orders are used when the District must purchase repetitive, specified
services or items, or categories of items, from the same vendor over extended
periods or on a monthly basis, or requiring numerous shipments.
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Sec. 20.3.2.2 Professional Services Contracts
The District may contract for professional services in accordance with Government
Code Section 4525 et. seq. All contracts awarded for professional services shall be
awarded based on demonstrated competence and on the professional qualifications
necessary for the satisfactory performance of the services required.
Sec. 20.3.2.3 Procurement Card Purchases
Procurement card(s) may be used to purchase supplies, services and equipment. The
General Manager shall determine the appropriate number of cardholders and the
transaction type, amount and merchant limits of each cardholder.
Sec. 20.3.2.3.1 Procurement Card Purchase Review
The General Manager will review monthly the procurement card purchases made
authorized District staff cardholders. The Finance Committee will review all
procurement card purchases made by the General Manager as part of its monthly
review of General Manager expenses and reimbursements.
Sec. 20.3.2.4 Petty Cash
The maximum petty cash expenditure allowed is $100. Splitting purchases in order to
utilize petty cash rather than standard purchasing procedures is not permitted.
Sec. 20.3.3 Emergency Purchases
In an emergency, the General Manager is authorized to waive any provision of this
policy. Any waiver authorized hereunder will be documented as required by this
policy and remedied by informing and retroactively obtaining the approval of the
Board of Directors within sixty (60) days of the procurement or the end of the fiscal
year, whichever is earlier. Notwithstanding anything to the contrary, the General
Manager shall comply with the provisions of Public Contract Code section 22050, as
applicable.
Sec. 20.3.4 Sole Source Purchases
Sole source purchases are seldom justified and are discouraged. A sole source
purchase must be documented as to why only one supplier is acceptable. This
documentation must be verified by the General Manager, who is responsible for
making the final determination on sole source purchases.
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