To establish efficient procedures for the purchase of supplies,
services, and equipment; to secure for the City supplies, services,
and equipment at the lowest possible cost commensurate with quality
needed; to exercise positive financial control of purchases; to clearly
define authority for the purchasing function; and to assure the quality
of purchases a purchasing system is hereby adopted.
(1274 § 1, 1972; 2813 § 1, 2012)
As established in Chapter
2.20, the Finance Director shall have the following authority, any part of which may be delegated to the Purchasing Division:
A. Purchase
or contract for supplies, services, and equipment required by any
using agency in accordance with purchasing procedures prescribed by
this chapter, such administrative regulations as he or she shall adopt
for the internal management and operation of the Purchasing Division,
and such other rules and regulations as shall be prescribed by the
City Council or City Manager;
B. Negotiate
and recommend execution of contracts for the purchase of supplies,
services, and equipment;
C. Act
to procure for the City the needed quality in supplies, services,
and equipment at the least expense to the City;
D. Discourage
uniform bidding and endeavor to obtain as fully and open competition
as possible on all purchases;
E. Prepare
and recommend to the City Council through the City Manager, rules
governing the purchase of supplies, services, and equipment for the
City;
F. Prepare
and recommend to the City Council through the City Manager, revisions
and amendments to the purchasing rules;
G. Keep
informed of current developments in the field of purchasing, prices,
market conditions, and new products;
H. Prescribe
and maintain such forms as reasonably necessary to the operation of
this chapter and other rules and regulations;
I. Supervise
the inspection of all supplies, services, and equipment purchased
to insure conformance with specifications;
J. Recommend
the transfer of surplus or unused supplies and equipment between departments
as needed and the sale of all supplies and equipment that cannot be
used by any agency or that have become unsuitable for City use; and
K. Maintain
a bidder's list, vendor's catalog file, and records needed for the
efficient operation of the Purchasing Division.
(1274 § 1, 1972; 2813 § 1, 2012)
The Finance Director may authorize any department or division
to purchase or contract for specified supplies, services, and equipment
independently of the Purchasing Division; but he or she shall require
that such purchases or contracts be made in conformity with the procedures
established by this chapter.
(1274 § 1, 1972; 2813 § 1, 2012)
All using agencies shall file detailed estimates of their requirements
in supplies, services, and equipment in such manner, at such time,
and for such future periods as the Finance Director shall prescribe.
(1274 § 1, 1972; 2813 § 1, 2012)
Using agencies shall submit requests for supplies, services,
and equipment to the Purchasing Division by standard requisition forms.
(1274 § 1, 1972; 2813 § 1, 2012)
Except as provided in Chapter
2.52, purchases of supplies, services, equipment, and the sale of personal property shall be by bid procedures pursuant to Sections
2.50.100 and
2.50.110. Bidding may be dispensed with only when:
A. The
amount is equal to or less than $25,000.00;
B. An emergency requires that the order be placed with the nearest available source of supply and/or service providers, subject to Section
2.50.070;
C. The
Finance Director determines that the commodity can be obtained from
only one vendor;
D. The
City has a contract with another governmental agency to purchase a
particular item or service on a cooperative basis;
E. The purchase price and other terms are similar to those in a contract awarded for the same goods and/or services by another public agency or government purchasing cooperative organization based on a competitive process similar to the processes described in Section
2.50.100 or
2.50.110 (piggy-back purchases);
F. The
contract is for professional services to be let primarily based on
qualifications; or
G. The
City Council determines it to be in the best interest of the City.
(1274 § 1, 1972; 1319 § 1, 1973; 1987 § 1, 1987; 2674 § 1,
2005; 2813 § 1, 2012; 2872 § 1, 2016)
A. When bidding procedures for the purchase of goods or services in excess of $25,000.00 are dispensed with under Section
2.50.060 for an emergency that is not a proclaimed disaster, the department that places such orders with the nearest available source of supply must submit a written justification to the Purchasing Division within 48 hours explaining the emergency conditions necessitating the placement of said order.
B. In cases
of an emergency arising from exigent circumstances caused by a proclaimed
disaster, when repair, replacements or services are necessary to respond
to an immediate threat to health, safety or property, the City Manager
may proceed at once to contract for services or to replace or repair
any public facility without adopting plans, specifications, or working
details, or giving notice for bids to let contracts. The work may
be done by day labor under the direction of the City Manager or designee,
by contractor, or by a combination of the two. The City Manager or
designee shall implement such policies and procedures as may be necessary
to comply with applicable federal and/or state regulations affecting
the ability of the City to receive reimbursement from federal, state
and/or joint task force agencies for emergency expenditures made during
a proclaimed disaster.
(1274 § 1, 1972; 2674 § 1, 2005; 2813 § 1, 2012; 2872 § 2,
2016)
Purchases of supplies, services, and equipment shall be made
only by purchase order.
(1274 § 1, 1972; 2813 § 1, 2012)
Except in cases of emergency, the Purchasing Division shall
not issue any purchase order for supplies, services, or equipment
unless there exists an unencumbered appropriation in the fund account
against which said purchase is to be charged.
(1274 § 1, 1972; 2813 § 1, 2012)
Formal contract procedures, described herein, shall be followed
for all public purchases where required by state and federal laws,
and may be followed when the Finance Director determines that formal
contract procedures might best serve the public interest.
A. Notice
Inviting Bids. Notices inviting bids shall include a general description
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.
1. Published
Notice. The first notice inviting bids shall be published at least
10 days before the opening of the bids. The notice shall be published
at least twice, not less than five days apart, in a newspaper of general
circulation, printed and published in the City, or if there be none,
it shall be posted in at least three public places in the City that
have been designated by ordinances as the places for posting public
notices.
2. Bidders'
List. The Purchasing Division and/or City Clerk's office shall also
solicit sealed bids from all responsible prospective suppliers whose
names are on the bidders' list.
3. Bulletin
Board. The Purchasing Division and/or City Clerk's office shall also
advertise pending purchases or sales by a notice posted on a public
bulletin board in the City Hall.
B. Bidder's
Security. When deemed necessary, bidder's security may be prescribed
in the public notices inviting bids. Bidders shall be entitled to
return of bid security, provided that a successful bidder shall forfeit
his or her bid security upon refusal or failure to execute the contract
within 10 days after the notice of award of contract has been mailed,
unless the City is responsible for the delay. The City Council may,
on refusal or failure of the successful bidder to execute the contract,
award it to the next lowest responsible bidder. If the City Council
awards the contract to the next lowest bidder, the amount of the lowest
bidder's security shall be applied by the City to the difference 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
Division and/or City Clerk's Office and shall be identified as bids
on the envelope. Bids shall be opened in public at the time and place
stated in the public notices. A tabulation of all bids received shall
be open for public inspection during regular business hours for a
period of not less than 30 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 otherwise provided herein.
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 for bids, 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
Bonds. The City Council shall have authority to require a performance
bond before 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 notice inviting bids.
(1274 § 1, 1972; 2813 § 1, 2012)
Purchases of supplies, equipment, contractual services, and sales of personal property shall be made by the Purchasing Division following the open market procedure described herein where state and federal laws and directives of the Finance Director do not require observing the procedure described in Section
2.50.100.
A. Minimum
Number of Bids. Open market purchases shall, wherever possible, be
based on at least three bids.
B. Notice
Inviting Bids. The Purchasing Division shall solicit bids from prospective
vendors by written requests, and/or by telephone, and/or by public
notice posted on a public bulletin board in the City Hall.
C. Written
Bids. The Purchasing Division shall maintain records of all sealed
written bids and open market orders resulting therefrom for a period
of three years after the submission of the bids for the placing of
orders. This record, while so kept, shall be open to public inspection
during regular City Hall working hours.
D. Award
of Purchase. Open market purchases shall be awarded to the lowest
responsible bidder as determined by the Finance Director, unless by
minute order the City Council directs the award of the purchase order
to a different bidder. In addition, where the services to be provided
by a bidder or supplier are equal, preference shall be given to local
merchants when the local merchants' bids are within two percent of
the lowest bid received, provided the dollar amount represented by
the two percent difference does not exceed $5,000.00. This provision
shall only be utilized where bids in the amount of $5,000.00 or higher
are required.
(1274 § 1, 1972; 2169 § 1, 1991; 2813 § 1, 2012)
The Purchasing Division shall inspect supplies and equipment
delivered, and contractual services performed, to determine their
conformance with the specifications set forth in the order or contract.
The Purchasing Division shall have authority to require chemical and
physical tests of samples submitted with bids and samples of deliveries
that are necessary to determine their quality and conformance with
specifications.
(1274 § 1, 1972; 2813 § 1, 2012)
All using agencies shall submit to the Purchasing Division, at such times and in such form as prescribed, reports showing all supplies and equipment that are no longer used or that have become obsolete and/or worn out. The Purchasing Division shall have authority to sell all supplies and equipment that cannot be used by any agency or that have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies and equipment. Such sales shall be made pursuant to Sections
2.50.100 and
2.50.110, whichever is applicable.
(1274 § 1, 1972; 2813 § 1, 2012)