Ord 810ORDINANCE NO. 810
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
REPEALING SECTION 3.28.080 OF THE POWAY
MUNICIPAL CODE AND ADDING A NEW SECTION
3.28.080 PERTAINING TO PURCHASING
WHEREAS, the City of Poway enacted its Purchasing Code, codified at Chapter
3.28 of the Poway Municipal Code, in 1982;
WHEREAS, the City of Poway last revisited its Purchasing Code in 2008; and
WHEREAS, there is a need to update the City's Purchasing Code, in order to
increase the purchase threshold of open market supplies, equipment, materials and
services from the $1,000 threshold at which it stands to $10,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 3.28.080 of Chapter 3.28 of the Poway Municipal Code is
hereby repealed.
SECTION 2: A new section 3.28.080 is hereby added to Chapter 3.28 of the
Poway Municipal Code to read as follows:
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.
Ordinance No. 810
Page 2
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 $10,000.
Open market purchases for supplies or equipment 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.
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in
accordance with Government Code § 36933.
Introduced and first read at a regular meeting of the City Council of the City of
Poway, California, held the 19th day of September 2017, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
yawze
Nancy'eufeld; CMC, City Clerk
Ordinance No. 810
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that
the foregoing Ordinance No. 810, was duly adopted by the City Council at a regular
meeting of said City Council held on the 3rd day of October 2017, and that it was so
adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: LEONARD
DISQUALIFIED: NONE
Nanc Neufeld, CMC, City Clerk
City of Poway