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HomeMy WebLinkAboutAgenda Report - April 1, 1987 (93)TO THE CITY COUNCIL FROM: THE CITY MANAGER'S OFFICE SUBJECT COUNCIL COPJAI IUNICATION GATE, March 20, 1987 Report of City Attorney Regarding Bidding Procedure Requirements - City Attorney NCD. The question was asked of this office by the Lodi City Council as to when said there are two areas which must the City must go bid. In answering Jnr► =° be distinguished. The first is the question of public works contracts by the local agency, and the second is the purchase of supplies and equipment- As- to public works contracts, Public Contract Code Section 20160 et seg. Section 20161. provides the procedure for bidding on public works contracts- (copy attached) defines "public project" to include: "(a) A project for the erection, improvement, painting, or repair of public _ buildings and works. bas waterfronts, embankments, or other work (b) ;',.Work in or about streams,. Y > for protection against overflow. (c) Street or sewer work except maintenance or repair. (d) Furnishing supplies or materials for any such project, including-. maintenance or repair of streets .or mowers." Public Contract Code Section 20162 (copy attached) p' -Fides that when the', exceeds five thousand dollLrs ($5,000) , it shall . expenditure for a public project for and let to the la+xst responsible bidder after notice. be contracted As to the second area, purchase of supplies and equipment by local agencies, -Government Code Section 54201 (copy attached) provides that every local agency includingbidding regulations shall shall adopt policies and procedures, purchases of supplies and equipment. Government Code Section 54203 governing (copy attached) p_ovides that the procedures and policy must be adopted by ordinance in a manner as provided by law or charter, as the case may be. Lodi Municipal Code sections attached) provides for a aes lthat E' purchasing system, and further p o al�l•purchases of supplies, services be by bid procedures E and equipment, and the sale of personal property shall pursuant to 3.20.100 and 3.20.110. S Page Two Honorable rS yor and Council �-nbers Bidding Procedure Requirements Bidding shall be dispensed with only when: F: 1) an emergency requires that an order be placed with the nearest available source of supply, ?4. 2) when the amount involved is less than one hundred dollars, or u 3) when the c0MCdity can be obtained from only one vendor. Further, 3.20.110 provides that purchases of supplies, equiprent, contractual services and sales of personal property of an estimated value in the amount of five thousand iollars or less may be made by the purchasing officer in the open market without observing the pros prescribed by Section 3.20.100. a) Specifically, under the open market procedure, the purchasing agent must: 1) wherever possible, obtain at least three bids, 2) award the bid to the lowest responsible bidder. b) The purchasing officer shall solicit bids 1) by written requests to prospective vendors, 2) by telephone, and 3) by public notice posted on a public bulletin board in the City Hall. c) Sealed written bids shall be suhnitted to the purchasing officer. Further, Lod; nzdcioal Code section 3.20.040 (copy attached) permits an exemption from centralizFcl purchasing, where the purchasing officer, with the approval of the city council, may authorize in writing any agency to purchase or contract for specified supplies, services and equiprnnt independently of the purchasing department; however, this section does require that such purchases or contracts be mace in conformity with the procedures established by Chapter 3.20, and shall further require periodic reports from the agency on the purchases and contracts mace under such written authorization. Under said IM Sec. 3.20.040, the purchasing office. is permitted to obtain equipment through the State cooperative purchasing system, where the State �i ) rs Honorable Mayor and Council Numbers Bidding Procedure Requirements Page Three has gone through the bidding process for particular items such as typewriters, vehicles, or other types of equipment. This is not only pursuant to Lodi Municipal Code, but also through Government Code Section 54205 (copy attached) which reads in part: "Any local agency may request that the State Department of General Services to make purchases of materials, equipment or supplies on its behalf in accordance with the provisions of Government CoA Section 14814." (copy attached) Re fully submitted, M. Stein City Attorney CAL .AGENCIES LOCAL. AGENCY PUBLIC CONSTRUCTION § 20161 Div. 2 Pt. 3 Section 20169. Publication of legal notices: bids; contract. instruction of any 20170. Bids; presentation; bidder's security. .:.amps or juvenile 20171. Bidder's security; amount. commencing with 20172. Bidder's security; forfeiture. deposit. the Welfare and 2017:3. Bidder's security; 20174. Refusal or failure to execute contract; award to next bidder; disposition on work is to be of original bidder's security. to such camps, Article 4 was added by Stats.1982, c. 465, p. 1921, § Il. aners pursuant to irojeets involving Heading of Article 4 was amended by Stats.1984, c. 1128, )r work training I§ 10, to add the teor-d "Cities" § 20160. Cities; contracts; application of article The provisions of this article shall apply to contracts awarded by cities subject to Title 4 (commencing with Section 34000) of the Government Code. (Added by Stats.1982, c. 465, p. 1921, § 11.) ✓ § 20161. Public project defined As used in this chapter, "public project' means: (a) A project for the erection, improvement, painting, or repair of public buildings and works. spealed; see, now, wided for resolution (b) Work in or about streams, bays, waterfronts, embankments, or project may be per- other work for protection against overflow. tally after a county for a public project (c) Street or sewer work except maintenance or repair. rrovisions of Gov.C. Y: (d) Furnishing supplies or materials for any such project, including now § 20121), which :dares in counties of maintenance or repair of streets or sewers. Ops.Atty.Gen. 744, (Added by Stats.1982, c. 465, p. 1921, § 11.) Historical Note ffense. or modifications. •ntical bids; none Derivation: Gov.C. former § 37901, add. ed by Stats.1949, c_ 79, p. 165, § 1, amended by Stats.1978, c. 491, p. 1624, § 3. Stats.1883, e. 49, p. 274, § 874; Stats. 1891, c. 59, p. 55. § 1; Stats.1897. c. 87, p. 89, § 1; Stats.1913, c. 27, p. 32. § 1; Stats. 1929, c. 294, p. 598, § 3; Stats.1931, c. 131, Words and Phrases (Perm. Ed.) p. 183, § 5; Stats.1933, c. 516, p. 1334, § 27; Stats.1939, c. 306, p. 1579, § 1; Stats.1941, c. 741, p. 2259, § 1; Stats.1941, C. 1034, p. 2672, § 1; Stats.1883, c. 49. p. 258, § 777; Stats.1891, c. 53, p. 54, § 1; Stats.1915, c. 663, p. 1304, § 1; Stats.1941, c. 741, p. 2260, § 2; Stats.1941, c. 1634, p. 2673, § 2. Library References ttion. s 261 § 20161 In general 1 Competitive bidding 2 Garbage disposal 3 CONTRACTING BY LOCAL AGENCIES Div. 2 Notes of Decisions 1. In general Use of city work forces for extensions of cit• -owned electrical and water facilities was a "municipal affair" with respect to which competitive bidding requiremei.... or. "public projects" were inapplicable absent evidence of a statewide impact. Smith v. City of Riverside (1973) 110 Ca..Rptr. 67, 34 C.A.3d 529. As generally used in statutes pertaining to construction of public improvements, word "street" or "roadway" includes curbs and gutters. Martin v. Cit of Corning (1972) 101 Cal.Rptr. 678, 25 C.A.3d 165. Gov.C. § 37901 (repealed; see, now this section) and Gov.C. § 37902 (repealed; ace, now, § 2016Y), as applicable in 1946 and 1947, requiring municipalities to take bids for construction of facilities including water and sewer mains were inapplicable to city's agreement to furnish water and sewer mains for housing development as it was up to city to determine in what manner it would install facilities. Carruth v. City of Madera (1965) 43 Cal.Rptr. 855, 233 C.A.2d 688. The lighting of streets by electric arc lights placed above the in'ersections of streets was not "street work," within Mun. Corp. Act, § 777, as amended by Stats.1891, p. 54, providing that all street work shall be done by contract let after notice by publics - tion. Elec. Light & Power Co. v. City of San Bernardino (1893) 34 P. 819, 100 C. 348. 2. Competitive bidding State bidding procedures did not preempt nonconflicting local regulation of contract letting by home rule charter city with re- spect to work on city -owned pier; thus, work did not have to he put to competitive bidding. Piledrivers' Local Union No. 2375 v. City of Santa Monica (App. 2 Dist.1984) I98 Cal.Ratr. 731, 151, C.A.3d 509. City acted in excess of its authority v hen it permitted its own employees to replace service lines to water main, at total cost in excess of $3,5W, without submitting such "public project" to competitive bidding. Killeen v. City of San Bruno (1976) 128 Cal.Rptr. 760, 56 C.A.3d 479. 3. Garage disposal Gov.C. § 37802 (repealed; see, now, § 20162) providing that when expenditure required for a "public project" exceeded $1,000, it shall be contracted for and let to lowest responsible bidder after notice, did not include a contract for disposal of gar- bage arbage by city in view of Gov.C. § 37901 (repealed; see, now, this section) defming a "public project" as a project for erection, improvement, and repair of public buildings and works, work in and about streams, bays, waterfronts, embankments, or other work for protection against overflow, street or sewer work except maintenance or re- pair, and the furnishing of supplies or mate- rials for any such project. Davis v. City of Santa Ana (1952) 239 P.20 656, 108 C.A.2d 669. / § 20162. Bids; expenditure requiring; notice t/ When the expenditure required for a public project exceeds five thousand dollars ($5,000), it shall be contracted for and let to the lowest responsible bidder after notice. (Added by Stats.1982, c. 465, p. 1921, § 11.) Historical Note Derivation: Gov.C. forn.er § 37902, add. Stats.1883, c. 49, p. 274, § 874; Stats ed by Stats.1949, c. 79, p. 165, § 1, amended 1891, C. 59, p. 55, § 1; Stats.1897, c. 87, .. by Stats.1953, c. 395, P. 1654, § 1; Stats. 89, § 1; Stats.1913, c. 27, p. 32, § 1; Stacz. 1959, c. 1024, p. 3047, § 1; Stats.1969, c. 1929, c. 294, P. 598, § 3; Stats.1931, c i31, 594, p. 1226, § 1; Stats.1975, c. 916, p. 2024, p. 183, § 5; Stats. 1933, c. 516, p. 1334, § 27; § 1 Stats.19:19, 306, p. 1579, § 1; Stats.1941, 262 LOCAL Pt. 3 c. 741. p. 2F; 2672, § 1; 2 Stats.1891, a bf unicipa.- ding for pat: L.R. 210. F In genera Lowest re Public pr Purpose Void cost § 54201 CITIES, COUNTIES, ETC- Title 5 Article 7 PURCHASES OF SUPPLIES AND EQUIPMENT BY LOCAL AGENCIES See. 54201. "Local agency", defined. 54202. Policies and procedures. 54203. Adoption of policies by city or county. 54204. Adoption of policies by other local agencies. 54205. Purchases by department of general services. Article 7, added as Article 6 by Stats.1957, c. 1912, P. 3344, § 1, was renumbered Article 7 a?,d amended by Sta+s. 1961, c. 84, p.1086, § 36. Cross Refen-nces Resource conservation districts, purchasing policies and procedures, see Public Re- sources Code J 8957. V § 54201. "Local agency,„ defined As used in this article, the term ,local agency" means every city, county, city and county, district, or any other local governmental body or corporation empowered to expend public funds for the acqui- sition of property. (Added by Stats.1957, c. 1912, p. 3344, § 1.) Library References Words and Phrases (Perm.Ed.) § 54202. Policies and procedures Every local agency shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency. Purchases of supplies and equipment by the lo- cal agency shall be in accordance with said duly adopted policies and in accordance with all provisions of law governing same. No policy, procedure, or regulation shall be adopted which is inconsistent or in conflict with statute. (Added by Stats.1957, c. 1912, p. 3344, Forms See R'est's California Code Forms, Government. Library References Counties 6113, 114. C.T.ti. Counties a$ 175, 177. 873, '_1lunicipal Corporations C--6, 227. c.i.s. etis icii;al Corporations H q. 356 Div. 2 i, insurance Cities, conn- not required surance only, and any such,; § 5420- If thy; policies Pr, in the rnar (Added by In general insurance 1. in gene iVhere by ordinau competitiv4 a bid Whit lona if th i Yiation is mination and if no § 54. H ty, the means ble for t. 0 P. The .,state Title 5 - Div. 2 PURCHASE OF SUPPLIES, ETC. § 544205 i "WENT BY :957, c. 1912, nded by Stats. lures, see Public Re - means every city, ,cal governmental nds for the acqui- :-edures, including �s and equipment ipment by the lo- )pted policies and ame. No policy, neonsistent or in 5, 177. orporations §§ 973, Notes of Decisions i. Insurance Cities, counties and school districts are not required by state statutes to huy in- surance only after competitive bidding. and any such requiremeut. and procedure to be followed, must be i,)und in the char- ter or ordinances of the local body or in rules and regulations ado,)ted under such charter and ordinances. 32' Ops.Atty.Geu. 92. § 54203. Adoption of policies by city or county If the local agency is a city, a county, or a city and county, the policies provided for in Section 54202 shall be adopted by ordinance in the manner provided by law or by charter, as the case may be. (!_dded by Stats.1957, c. 1912. p. 3344, § 1.) Notes of Decisions in general I insurance 2 1. In general Where board of supervisors is required by ordinance to contract for purchases by competitive bidding, the board may atreQt a bid which deviates from bid specsf tions if the board determines that the de- viation is inconsequential, and such deter- mination is subject to review by courts and if not upheld. vendor would be liable to county for all compensation received. 47 Ops.Atty.Gen. 129, 4-19-66- 2. Insurance Cities, counties and school districts are not required by state statutes to buy in- surance only after competitive bidding. and any such requirement, and procedure to be followed, must be found in the char- ter or ordinances of the local body or in rules and regulations adopted under such charter and ordinances. 38 Ops.At!y.Gen. 92- § 54204. Adoption of policies by other local agencies If the local agency is other than a city, county, or city and coun- ty, the policies provided for in Section 54202 shall' be adopted by means of a written rule or regulation, copies of which shall be availa- ble for public distribution. (Added by Stats.1957, e. 1912, p. 3344, § 1.) - j § 542055. Purchases by department of general services V Any local agency may request the State Department of General Services to make purchases of materials, equipment, or supplies on its behalf in accordance with the provisions of Section 14414. (Added by Stats.1961, c. 2121. p. 4381, § 2. Amended by Stats.1966, c. 159, P. 1124, § 12; Stats.1965, c. 371, P. 1576, § 216.) Historical Note The 1965 amendments substituted for "State Department of F>nance" and "State Department of General Services" "Section 14814" for "Section 13409". Cross References Department of general services. see § 14600 et seq. 357 L 3.16.100 entitled to the exemption. (Ord. 1333 § 3.20.030 Purchasing officer- 1(3)(C)(part), 1984) Powers. 3.20.040 Exemptions from 3.16.110 Administration by county. centralized purchasing. The county recorder shall administer 3.20.050 Estimates of agency this chapter in conformity with the provi- requirements. sions of Part 6.7 of Division 2 of the 3.20.060 Requisitions. Revenue and Taxation Code and the 3.20.070 Bidding. provisions of any county ordinance 3.20.080 Purchase orders. adopted pursuant thereto. (Prior code § 3.20.090 Use of unencumbered 23-32) funds required. 3.20.100 Formal contract 3.16.120 Refunds. procedure. Claims for refund of taxes imposed 3.20.110 Open market procedure. pursuant to this chapter shall be gov- 3.20.120 Inspection and testing of erned by the provisions of Chapter 5 purchases. .k (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxa- tion Code of the state. (Prior code 3.20.010 Purpose. 23-33} In order to establish efficient pro- cedures for the purchase of supplies, K 3.16.130 Operative date. services and equipment, to secure for the This chapter shall become operative city supplies, services and equipment at upon the operative date of any ordinance the Iowest possible cost commensurate adopted by the county, pursuant to Part with quality needed, to exercise positive 6.7 (commencing with Section [ 190t} of financial control over purchases, to Division 2 of the Revenue and Taxation clearly define authority for the purchas- Code of the state, or upon the effective ing function and to assure the quality of date of the ordinance codified in this purchases, a purchasing system is j chapter, whichever is the later. (Prior adopted. (Prior code § 2-55) x f #; code § 23-34) 3.20.020 Purchasing officer— Established. Chapter 3.20 There is created the position of pur- chasing officer. He shall be appointed by PURCHASING SYSTEINI the city manager. The purchasing officer shall be the head and have general super - Sections: vision of the purchasing department. The 3.20-010 Purpose. duties of the purchasing officer may be 3.20.020 Purchasing officer— combined with those of any other office Established. or position. (Prior code § 2-56) 49 11 3.20.070 Bidding. Purchases of supplies, services. equip- ment and the sate of personal property shall be by bid procedures pursuant to Sections 3.20. 100 and 3.20.110. Bidding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, when the amount involved is less than one hundred dollars, or when the commodity can be obtained from only one vendor. ( Prior code § 2-61) 3.20.080 Purchase orders. Purchases of supplies. services and equipment shall be made only by pur- chase orders. (Prior code § 2-62) 3.20.090 Use of unencumbered funds ® required. ' Except in cases of emergency, the pur- chasing officer shall not issue any purchase order for supplies, services or equipment unless there exists an unen- cumbered appropriation in the fund account against which the purchase is to be charged. (Prior code § 2-63) 3.20.100 Formal contract procedure. The advertisement for bids will be con- ducted as provided for in the Government Code. A. Notice inviting Bids. Notice invit- ing bids shall include a general descrip- tion of the articles to be purchased or sold. shall state where bid blanks and specifications may be secured and the time and place for opening bids. I. Published Notice. Notice inviting- bids nvitingbids shall be published at least ten dais before the date of opening of the bids. Notice shall be published at bast once in 3.20.070 a newspaper of general circulation, printed and published in the city. or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. 2. Bidders' List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders list or who have requested their names to be added thereto. 3. Bulletin Board. The purchasing officer shalt also advertise pending pur- chases or sales by a notice posted on a public bulletin board in the City Hall. B. Bidder's Security. When deemed necessary by the purchasing officer. bid- der's id- der s security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; pro- vided, that a successful bidder shall for- feit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed. un: ,s the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract. award it to the next lowest responsible bidder. There- after, if the city council awards the con- tract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difirence between the low bid and the second lowest bid, and the surplus, if any. shall be returned to the lowest bidder. C. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the 3 20.030 3.20.030 Purchasing officer—Powers. or unused supplies and equipment The purchasing officer shall have between departments as needed and the authority to: sale of all supplies and equipme..t which A. Purchase or contract for supplies, cannot be used by any agency or which services and equipment required by any may become unsuitable for city use; using agency in accordance with pur- K. Maintain a bidders' list, vendors chasing procedures prescribed by this catalog file and records needed fo-- the chapter, such administrative regulations efficient operation of the purchasing as the purchasing officer shall adopt for department. (Prior code § 2-57) the internal management and operation of the purchasing department and such 3.20.040 Exemptions from centralized other rules and regulations as shall be purchasing. prescribed by the city council or city The purchasing officer. with the manager, B. Negotiate and recommend execu- approval of the city council, may autho- tion of contracts for the purchase of sup- nze in writing any agency to purchase or p::es. services and equipment: contract for specified supplies, services C. Act to procure for the city the and equipment independently ofthepur- needed quality in supplies, services and chasing department; but he shall require equipment at least expense to the city; that such purchases or contracts be made ;. D. Discourage uniform bidding and in conformity with the procedures estab- endeavor to obtain as full and open com- lished by this chapter and shall further petition as possible on all purchases: require periodic reports from the agency E. Prepare and recommend to the city on the purchases and contracts made council rules governing the purchase of under such written authokization. (Prior supplies. services and equipment for the code § 2-58) city; F. Prepare and recommend to the city 3,20.050 Estimates of agency council revisions and amendments to the requirements. purchasing rules: All using agencies shall file detailed G. Keep informed ofcurrent develop- estimates of their requirements in sup- ments in the field of purchasing, prices, plies, services and equipment in such market, conditions and new products: manner, at such time and for such future H. Prescribe and maintain such forms periods as the purchasing officer Are- as reasonably necessary to the operation scribes. (Prior code § 2-59) of this chapter and other rules and regula- tions: 1. Supervise the inspection of all sup- 3.20.060 Requisitions. plies. services and equipment purchased Using agencies shall submit requests to insure conformance with specifica- for supplies, services and equipment to tions: the purchasing officer by standard recqul- J. Recommend the transfer of surplus sition forms. (Prior code § 2-601) 3.20.100 public notices. A tabulation of all bids received shall be open for public inspec- tion during regular business hours for a period of not less than thirty calendar days after the bid opening. D. Rejection of Bids. In its discretion, the city council may reject any and all bids presented and readvertise for bids. E. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder except as oth- erwise provided in this chapter. F. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of readvertising forbids, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. G. Performance Bond. The city coun- cil shall have authority to require a per- formance bond befog,- entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the bidding documents. (Ord. 1333 § IOXA, D), 1984; prior code § 2-64) 3.20.110 Open market procedure. Purchases of supplies, equipment, contractual services and sales of personal property of an estimated value in the amount of five thousand dollars or less may be made by the purchasing officer in the open market without obs�cving the procedure prescribed by Section 3.20.100: A. Minimum Number of Bids. Open market purchases shall, wherever possi- ble, be based on at least three bids. and shall be awarded to the lowest responsi- ble bidder. B. Notice Inviting Bids. The purchas- ing officer shall solicit bids by written requests to prospective vendors. by tele- phone and by public notice posted on a public bulletin board in the City Hall. C. Written Bids. Sealed written bids shall be submitted to the purchasing officer who shall keep a record of all open market orders and bids for a period of one year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspec- tion. (Ord. 1333 § 1(3)(E), 1984; prior code § 2-65) 3.20.120 Inspection and testing of purchases. The purchasing officer shall inspect supplies and equipment delivered, and contractual services performed, to deter-., mine their conformance with the specifi- cations set forth in the order or contract. The purchasing officer shall have author- ity to require chemical and physical tests of samples submitted with bids and sam- ples of deliveries which are necessary to determine their quality and confor- mance with specifications. (Prior code § 2-66) Chapter 3.24 LOST AND UNCLaINMED PROPERTY Sections: 3.24.010 Retention for six months. 52 • § 14813 DEPARTMENT OF GENERAL SERVICES Title 2 specifying in detail the ground of the protest and the facts in support thereof. (Added by Stats.1965, c. 371, p. 1556, § 179.) Historical Note Derivation: Former 1 13407, added by Stats.I955, c. 1738, p. 3295. 1 8. amended by Stats.1961, c. 552, p. 1683. 1 1. Administrative Code References Dismissal of frivolous or noumeritoriour protests, aee 2 Cal.Adm.Code 872. Requests for bearing, see 2 CaLAdm.Code 870. Law Review Commentaries Due process in public contracts: Pre- award bearings to determine responsibility of bidders. (1974) 5 Pacific L.J. 142. Library Reteseatxs States 4-98. CJ.s. states If 18o to 187. § 14814. Purchases on behalf of local agency; service charge; rules and regulations The Department of General Services is authorized to make pur• chases of materials, equipment, or supplies, other than printed mate- rial, on behalf of any city. county, city and county, district, or other. local governmental body or corporation empowered to expend public funds for the acquisition of property, upon written request of such 10 - cal agency; provided that such purchases can be made by the Depiart', ment of General Services upon the same terms, conditions and spedil', cations at a price lower than the local agency can obtain through its. normal purchasing procedures. The state shall incur no financial re- sponsibility in connection with purchases for local agencies under this section. No purchase shall be for less than five hundred dollar ($500) and the local agency shall accept sole responsibility for P - and ment to the vendor. All purchases shall be subjet.'t to audit inspection by the local agency for which made. The competitive bidding requirements of this chapter shall a to purchases made under this section. of Purchases under this section shall be subject to the provisions Section 14813. No purchase shall be made under this section when bids have'. been received by the local agency for the `urn=skiing of such Inateri', als, equipment, or supplies, unleF > the purchasf by the Department of General Services can be made at a lower r: icv upon the same terms, .- conditions and specifications. 606 DIv. 3 A charg this service, : department c department i:: in instances c agency prior partment. The Dep: regulations a= (Added by Staff Derivation: Fo. Stats.1961, a Zl Community college partment of i Purchases on heba' States 4-67, 85 e § 14815. Each quay; city, county, cf lie corporation . of consumable with a list of Sk* The de partmen, I, supplement of and specificatio. (Added by Stats. States 4-90, 94. RVICES Title 2 ;5 -:< Div. 3 PURCHASES AND SERVICES § 14815 d the facts in support A charge shall be made to each local agency availing itself of this service, such charge to be not less than the estimated cost to the department of rendering the service, including costs incurred by the department in preparation for a purchase requested by a local agency =F in instances where such request is canceled or withdrawn by the local agency prior to award of the contract or purchase order by the de- 4 partment. t' l The Department of General Services may adopt such rules and v3.,� • regulations as are necessary for the purposes of this section. im.Code 872. ..F;: (Added by Stats.1965, c. 371, p. lbb?, § 179.) r` Historical Note Derivation: Former 1 13409, added by tiered i 13408.5 and amended by State. Stats-1961, c. 2121, p. 4380, j 1, renum- 1903, e- 630. P. 282.5, 11. . Cross Reterences Community college districts, application of Education Code to purchases through de- s ,j. partment of general services, see Education Code 1 81843. 't g160to167. Administrative Code References Purchases on behalf of local agendes, see 2 Ciai.Adm.Code 1$95 et seq. ncy; service charge; Ubrary References orszed to make pur- States 4=E17, 85 et seq. ".S. States if 120, 121, 136 to 138, 140, 145, c than printed mate- r,, . ty, district, or other § 14815. List of items available for purchase ed to expend public :r,<. n request of such to- .� Es q upon request provide each quarter ch the department shall made by the Depart- ' city, county, city and county, district, local government body or pub- >nditions and specifi- lic corporation empowered to expend public funds for the acquisition n obtain through its of consumable .materials and supplies and other interested parties acur no financial re- : with a list of such items available for purchase under Section 14814. 1 agencies under this The department may supplement the quarterly lists with a monthly :ive hundred dollars _: supplement of changes, additions and deletions. Terms, conditions sponsibility for pay- and specifications shall be provided upon request. lbject to audit and (Added by Stats.1971, c. 1984, p. 2062, § 1.) i chapter shall apply ,r 1 llbrary References States c^. X90, 94. CJS. Staten if 154, 255 to 157. 180. to the provisions of r , ;on when bids have i - :Ing of such maters- = ,r the Department of ;on the same terms,x. xY 607