In order 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 over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.
(Prior code § 19A.1)
The purchase of electric power for purposes of resale by the city electric utility shall be exempt from the requirements of this chapter. Such purchases shall be governed by and only made in accordance with the rules and regulations of the city electric utility. All rules and regulations promulgated by the city electric utility related to purchasing of electricity for resale must be approved by the city council.
(Ord. 3430 § 1, 1999)
There is created the position of purchasing officer. He or she shall be appointed by the city manager. The purchasing officer shall be the head and have general supervision of the purchasing department. The duties of the purchasing officer may be combined with those of any other office or position. The purchasing officer shall have authority to:
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 the purchasing officer shall adopt for the internal management and operation of the purchasing department 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 least expense to the city;
D. 
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;
E. 
Prepare and recommend to the city manager and city council rules governing the purchase of supplies, services and equipment for the city;
F. 
Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
G. 
Prescribe and maintain such forms as reasonably necessary to the operation of this chapter with the exception of Section 4.12.140 and other rules and regulations;
H. 
Be responsible for the operation of central stores and to supervise the inspection of all supplies, services and equipment purchased to insure conformance with specifications;
I. 
Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use;
J. 
Maintain a bidders’ list, vendors’ catalog file and records needed for the efficient operation of the purchasing department.
(Prior code § 19A.3)
All departments shall submit requests for supplies, services and equipment to the purchasing officer on forms prescribed with estimated dollar amount, allowing sufficient lead time to meet delivery schedules.
(Prior code § 19A.5)
A. 
Purchases of supplies and equipment shall be made only by purchase order approved by the purchasing officer. Minor purchases of less than $50.00 may be made from petty cash, only when such supplies or equipment are unavailable through the purchasing department. The purchasing officer shall be notified of such purchase immediately.
B. 
Purchases of services or construction of public works shall be by formal written contract, except in the case of emergency.
(Prior code § 19A.7; Ord. 1982 § 1, 1986)
Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.
(Prior code § 19A.8; Ord. 1982 § 1, 1986)
A. 
Purchase of supplies or equipment of an estimated value equal to or greater than the bid amount established in the City Charter, shall be by written purchase order with the lowest responsible bidder in accordance with this section.
B. 
Notice to Bidders. The purchasing officer shall prepare and send to prospective bidders a notice inviting bids and detailed specifications of the supplies or equipment.
1. 
Published Notice. The notice inviting bids shall be published at least five working days before the date of bid opening. For purposes of this section, “working days” means Monday through Friday, except federal holidays. The notice shall be published at least once in a newspaper of general circulation in the city, and shall include a general description of the articles to be purchased. The notice shall state where bid specifications may be obtained.
2. 
Bidders List. The purchasing officer shall also solicit bids from all responsible persons whose names are on the bidders list (see Section 4.12.030(J)) or who have requested their names to be added to the bidders list.
C. 
Bidders Security. The purchasing officer may, in his or her discretion, demand as security a deposit or bid bond from each bidder in an amount which shall be specified in the call for bids. The security of the successful bidder shall be held to secure the capacity, readiness, and willingness of the successful bidder to execute the purchase order. The successful bidder shall forfeit the security upon refusal or failure to execute the purchase order within 15 calendar days after the notice of award of purchase order 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 purchase order, award the purchase order to the next lowest responsible bidder; the amount of the successful bidder’s security shall be applied by the city to the difference between the successful bid and the next lowest responsible bid; and the surplus, if any, shall be returned to the successful bidder that refused or failed to execute the purchase order. The securities of unsuccessful bidders shall be returned following the execution of the purchase order by the successful bidder.
D. 
Bid Opening. All bids shall be submitted to the city clerk, and shall be opened by the person and at the time and place stated in the published notice. Bids shall be identified as bids on the envelope. Bids shall be reviewed by the purchasing officer in consultation with the using department, if any, and a recommendation submitted to the city council for award. A tabulation of all bids received shall be made available for public inspection.
E. 
Rejection of Bids. At its discretion, the city council may reject any and all bids presented or may request that the notice inviting bids be readvertised.
F. 
Award of Bids. Bids shall be awarded by the city council, and a purchase order issued by the purchasing officer, to the lowest responsible bidder except as otherwise provided herein.
G. 
Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council may, in its discretion, either accept the one it chooses, or accept the lowest bid made by negotiation with the tie bidders.
H. 
Bid Irregularity. Relief from bidder’s errors may be granted in the sole discretion of the city council as provided in the specifications of a particular bid.
I. 
Standardization. Where the purchasing officer has determined that it is required by the health, safety or welfare of the people of the city, or by the effectiveness and efficiency of city operations, standardization of supplies or equipment with existing supplies or equipment, or with supplies or equipment needed for regional task forces or partnerships, is permitted and the specifications may limit the purchase to a single brand or trade name. The factors that shall be considered in determining to standardize on a single brand or trade name include:
1. 
Repair and maintenance costs would be minimized.
2. 
User personnel training would be facilitated.
3. 
Supplies or spare parts would be minimized.
4. 
Modifications to existing equipment would be minimized or made unnecessary.
5. 
Training requirements for repair and maintenance personnel would be minimized.
6. 
Proper operation of a function or program requires single brand or trade name supplies or equipment to be compatible with existing supplies or equipment.
7. 
Overall purchase or operational costs would be minimized.
(Ord. 1328 § 1, 1976; Ord. 1637 § 1, 1982; Ord. 1735 § 1, 1983; Ord. 1794 § 1, 1984; Ord. 1982 § 1, 1986; Ord. 2235 § 1, 1989; Ord. 2315 § 1, 1990; Ord. 2675 § 1, 1993; Ord. 2808 § 1, 1994; Ord. 3241 § 1, 1998; Ord. 4214 § 1, 2005; Ord. 4514 § 1, 2007; Ord. 4674 § 1, 2008; Ord. 5204 § 1, 2013; Ord. 5361 § 1, 2014; Ord. 5639 § 1, 2016; Ord. 6325 § 3, 2021)
A. 
Contracts for public works or services estimated to have a value equal to or greater than, or to cost equal to or greater than, the bid amount established in the City Charter, shall be awarded to the lowest responsible bidder after receipt of sealed formal bids in accordance with this section.
B. 
Notice to Bidders. The using department shall prepare and send to prospective bidders a notice inviting bids and detailed plans and specifications of the public works or service being bid. The plans and specifications shall be approved by the city council prior to requesting bids.
1. 
Published Notice. The notice to bidders shall be published at least five working days before the date of bid opening. The notice shall be published at least once in a newspaper of general circulation in the city, and shall include a general description of the public work or services. The notice shall state where bid specifications may be secured, and the time and place for bid opening.
2. 
Bidders List. The using department shall also solicit bids from all responsible persons whose names are on a bidders list or who have requested their names to be added thereto.
C. 
Bids for public works shall require a bidder’s bond or security in the amount of 10 percent of the amount of the bid. The security of the successful bidder shall be held to secure the capacity, readiness, and willingness of the successful bidder to execute the contract. The successful bidder shall forfeit the security upon refusal or failure to execute the contract within 15 calendar 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 the contract to the next lowest responsible bidder. If the city council awards the contract to the next lowest responsible bidder, the amount of the successful bidder’s security shall be applied by the city to the difference between the successful bid and the next lowest responsible bid, and the surplus, if any, shall be returned to the successful bidder that refused or failed to execute the contract. The deposits shall be returned to the unsuccessful bidders following the execution of the contract by the successful bidder.
D. 
Bid Opening. All bids shall be submitted to the city clerk, and shall be opened by the person and at the time and place stated in the published notice. Bids shall be identified as bids on the envelope. Bids shall be reviewed by the using department, and a recommendation submitted to the city council for award. A tabulation of all bids received shall be made available for public inspection.
E. 
Rejection of Bids. At its discretion, the city council may reject any and all bids presented or may request that bids be readvertised.
F. 
Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder except as otherwise provided herein.
G. 
Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, if the public interest will not permit the delay of readvertising for the bids, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders.
H. 
Bid Irregularity. Relief from bidder’s errors may be granted in the sole discretion of the city council as provided in the specifications of a particular bid.
I. 
Use of City Employees. In lieu of the bidding and contract procedures set forth in this section, public works and services may be performed by city employees at the discretion of the city manager.
(Ord. 1982 § 2, 1986; Ord. 2235 § 1, 1989; Ord. 2675 § 1, 1993; Ord. 2808 § 1, 1994; Ord. 3241 § 1, 1998; Ord. 4214 § 1, 2005; Ord. 4514 § 1, 2007; Ord. 4674 § 1, 2008; Ord. 5204 § 1, 2013; Ord. 5361 § 1, 2014; Ord. 5639 § 2, 2016; Ord. 6325 § 4, 2021)
Contracts for professional services not conducive to bidding (including, without limitation, contracts for engineering, architectural, accounting or legal services) may be awarded without bids.
(Ord. 1982 § 2, 1986)
Purchases of supplies, equipment, contractual services, and sales of personal property, of an estimated value less than the bid amount established in the City Charter, may be made by the purchasing officer in the open market without observing the procedure prescribed in Section 4.12.090.
A. 
Minimum Number of Bids. Open market purchases shall, whenever possible, be based on at least three bids, and shall be awarded to the lowest vendor with the lowest responsible bid.
B. 
Notice Inviting Bids. The purchasing officer shall solicit bids from prospective vendors by written requests, by telephone or by published notice to bidders.
C. 
Record of Bids. For open market purchases of less than the bid amount established in the City Charter, the purchasing officer shall keep a record of all open market orders and bids which may be received in writing or orally 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 inspections at the purchasing officer’s office.
(Ord. 1328 § 2, 1976; Ord. 1637 § 2, 1982; Ord. 2066 § 1, 1987; Ord. 2235 § 1, 1989; Ord. 2675 § 1, 1993; Ord. 2808 § 1, 1994; Ord. 3241 § 1, 1998; Ord. 4214 § 1, 2005; Ord. 4514 § 1, 2007; Ord. 4674 § 1, 2008; Ord. 5204 § 1, 2013; Ord. 5361 § 1, 2014; Ord. 5639 § 3, 2016; Ord. 6325 § 5, 2021)
A. 
Local Agencies. The purchasing officer may purchase services, supplies and equipment without complying with the bidding requirements of this chapter, if such purchases are made under an agreement or cooperative purchasing program entered into by any local governmental jurisdiction or public agency, regardless of whether the city is a named party to the agreement or an actual participant in such a program. However, the provisions of this subsection may be utilized only if: (1) the agreement or cooperative purchasing program was entered into pursuant to a bidding or request for proposal (RFP) process which substantially conforms to the city’s competitive bidding or RFP requirements; and (2) the agreement or cooperative purchasing program is still in full force and effect, but was not entered into by the local governmental jurisdiction or public agency more than three years prior to the city’s approval of a binding obligation to purchase services, supplies, or equipment.
B. 
State and Federal Government. The purchasing officer may purchase services, supplies and equipment without complying with the bidding or RFP requirements of the city, if such purchases are based on any master agreement, cooperative agreement, or other types of agreements entered into by any state or the United States of America that would offer the city the benefits of those entities’ buying power, regardless of whether the city is a named party to such agreements. Examples include, but are not limited to, National Association of State Procurement Officials Value Point (NASPO Value Point) or National Intergovernmental Purchasing Alliance (National IPA) Contracts.
C. 
Multiple-Award Schedules. The purchasing officer may purchase services, supplies and equipment without complying with the bidding or RFP requirements of the city, if such purchases are based on any multiple-award schedules developed through a competitive process, regardless of whether the city is a named party to such schedules. Examples include, but are not limited to, California Multiple Award Schedules (CMAS) and the Federal General Services Administration (GSA).
When purchasing pursuant to subsection B or C above, the city should select the best value vendor. In determining best value, the city shall consider the following factors:
1. 
Price, including any additional price reductions offered;
2. 
Past performance;
3. 
Special features of the services, supplies or equipment required for effective performance;
4. 
Trade-in considerations;
5. 
Probable life of the item selected when compared with that of a comparable item;
6. 
Warranty considerations;
7. 
Maintenance availability and expense;
8. 
Environmental and energy efficiency considerations;
9. 
Delivery terms;
10. 
Location of the vendor.
D. 
Best Interests. Prior to purchasing any services, supplies or equipment under this section, the purchasing officer must determine that the procurement is in the best interests of the city.
E. 
Price. Any services, supplies or equipment purchased under this section must be purchased at the same or lower price as the local, state or federal governmental jurisdiction, or public agency, except that the city may approve variation in price of not more than 15 percent for customizing the order or for modifications or variations in the city’s best interests. In the event the agreement, cooperative agreement, or multiple award schedule offers a list of services, supplies or equipment for the local, state or federal governmental jurisdiction, or public agency to choose from, the city may select any of the offered services, supplies or equipment, so long as the services, supplies or equipment are offered at the same or lower price as the services, supplies or equipment offered to the local, state or federal governmental jurisdiction, or public agency.
(Ord. 4514 § 2, 2007; Ord. 5165 § 1, 2013; Ord. 5817 § 1, 2017)
A. 
Real property found to be surplus to the needs of the city by the city council shall be sold by sealed bids. The terms and conditions of each such sale shall be established by council resolution.
B. 
The provisions of subsection A of this section notwithstanding, excess real property determined by the council to be unusable except by the owner of adjoining privately owned real property, or real property needed by another public entity, public utility, or a nonprofit public benefit corporation which has its principal place of business in the city, may be offered for sale to such adjoining landowner, or to such public entity, public utility, or nonprofit public benefit corporation which has its principal place of business in the city, at a price determined by the city council to be equitable to the purchaser and the city. Additionally, any interest in real property may be sold or otherwise disposed of pursuant to a finding by the city council that such disposition is in the city’s best interest. Provided, however, that notice of the terms and conditions of such proposed sale or disposition pursuant to this subsection and the date of confirmation thereof shall be published in a newspaper of general circulation in the city at least 10 days prior to final approval and confirmation of the proposed sale or disposition. Such sales and dispositions shall be confirmed and approved upon a four-fifths’ affirmative vote of the city council.
(Prior code § 19A.11; Ord. 1247 § 1, 1974; Ord. 1353 § 1, 1977; Ord. 1976 § 1, 1986; Ord. 5057 § 1, 2012)
The purchasing officer shall be responsible for establishing procedures for the operation of central stores including the inspection of supplies and equipment delivered and contractual services performed to determine their conformance with the specifications set forth in the 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.
(Prior code § 19A.12)
A. 
All using departments shall submit to the city manager or designee, at such times and in such form as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The city manager or designee shall have authority to sell all supplies and equipment which cannot be used by any department or which 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 conducted through a competitive bidding process.
Notwithstanding the foregoing, the library may sell or trade surplus and donated library materials. For purposes of this section, “library materials” shall include, but not be limited to, books, magazines, newspapers, maps, audiocassettes, audio discs (“CDs”), videocassettes, video discs (“DVDs”), computer software, and video games. Funds from the sale of these library materials shall be deposited in the library’s accounts and be used for the sole purpose of purchasing new library materials.
B. 
The provisions of subsection A notwithstanding, supplies and equipment which are determined by the city manager or designee to be no longer useable by the city that may be needed and useable by another public entity, public utility, or a nonprofit public benefit corporation providing services for the benefit of Roseville residents, may be offered for sale to such entities at a price determined by the city manager or designee to be equitable to the purchaser and city.
C. 
The provisions of subsection A of this section notwithstanding, the chief of police may allow the sale of a police officer’s duty handgun to said officer at the time of his or her honorable retirement from city service, at the full replacement price of the handgun. The chief of police shall determine an officer’s standing with the city at the time of the officer’s separation and will not permit the sale upon circumstances other than honorable retirement. No portion of this section shall supersede the officer’s need to meet all legal requirements to possess a firearm. All transfer documents pertaining to the sale will be completed through a dealer in possession of a Federal Firearms License and all sale and transfer costs shall be paid by the retiring officer.
(Prior code § 19A.13; Ord. 2261 § 1, 1989; Ord. 4603 § 1, 2008; Ord. 4653 § 1, 2008; Ord. 4820 § 1, 2010)
A. 
The provisions of Section 4.12.130 notwithstanding, if the city manager or designee has attempted to sell surplus supplies or equipment through a competitive bidding process, and any such supplies or equipment have remained unsold, or if the city manager or designee has determined that the surplus supplies or equipment are unsalable or have little or no estimated salvage or appraisal value, such that disposal by competitive bidding would result in unnecessary cost, effort or expense to the city, such surplus supplies or equipment may be disposed of by any method which the city manager or designee determines to be appropriate considering the value of the surplus supplies or equipment and the cost of storing the surplus supplies or equipment.
B. 
City officers, employees or members of the immediate family of an officer or employee shall not purchase or receive directly or indirectly unclaimed or surplus supplies or equipment sold or otherwise disposed of pursuant to this chapter.
(Ord. 4850 § 1, 2010)
A. 
Applicability of Bid Protest Procedures. Only contracts to be awarded pursuant to Section 4.12.090 and Section 4.12.095 of this code are subject to the bid protest procedures set forth in this section.
B. 
Persons Entitled to File Bid Protests. Only a bidder on a contract, a bidder’s authorized representative or a party specifically excluded from filing a bid by city action may file a bid protest on a contract. A subcontractor of a party filing a bid on a contract may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue his or her own protest.
C. 
Form of Bid Protest. Bid protests shall be in writing; shall provide the name, address, electronic mail address, telephone and fax numbers of the protesting bidder; shall identify the contract to which the bid protest pertains; and shall identify the city department or division issuing the request for bids. The bid protest shall identify and explain the factual and legal grounds for the protest, and shall include any written materials that the protesting bidder wishes to have considered in determining the protest. Any grounds not raised in the written protest are deemed waived by the protesting bidder. Bid protests shall be addressed and delivered to the City Clerk, 311 Vernon Street, Roseville, CA 95678. Any bid protest that is not submitted as provided herein shall be invalid and shall not be considered.
D. 
Submission of Bid Protest to City. After bids for a contract are received and opened by the city, city staff shall provide each bidder notice of the city staff’s preliminary recommendation for award of the contract. The city’s notification may be by any reasonable means, including, but not limited to, U.S. mail, electronic mail, phone message, fax, or internet posting. Any bid protest related to the contract shall be received by the city clerk no later than seven calendar days after the city notifies the bidders of the recommendation for award. The effective date of notice by mail is the date that the notice is deposited in the mail. The effective date of all other means of notice is the date it is transmitted. If the seventh calendar day does not fall on a business day, the deadline to submit a protest shall be extended to 5:00 p.m. on the next business day. For purposes of this section, “business day” shall mean any day that the city clerk’s office is open to the public to conduct business.
E. 
Investigation by City. If a bid protest is timely filed, city staff shall provide a copy of the bid protest to the bidder or bidders whom the protesting bidder claims should be disqualified or rejected, and shall investigate or cause to be investigated the bid protest. The protesting bidder, and any other bidder on the contract, shall promptly provide any information requested by city staff as part of such investigation. City staff shall prepare a written response to the bid protest, with the advice of the city attorney, which shall be provided to the protesting bidder and to the bidder or bidders whose bid is being protested within 14 calendar days after the bid protest was received.
F. 
Appeal to City Council. An appeal of city staff’s decision on the bid protest may be made by the protesting bidder to the city council by filing a written notice of appeal with the city clerk within seven calendar days after the date of notice of staff’s decision regarding the bid protest. If an appeal is timely filed and subsequently has not been withdrawn by the protesting bidder or by operation of the provisions of this section, the city council shall consider the bid protest at a noticed, public meeting. The city council may hear the bid protest as part of the city council’s consideration of the award of the contract to which the bid protest relates or may hear the bid protest as a separate item, provided that the city council shall decide the bid protest prior to awarding the contract, unless the city council exercises its discretion to reject all bids. The city council may take action on the bid protest at the meeting when the bid protest is considered or may continue the matter of the bid protest and contract award to a future date.
G. 
City Council’s Decision. The scope of the bid protest considered by the city council shall be limited to the issues set forth in the bid protest timely filed with the city clerk. The city council may take any action on the bid protest that is authorized by law, including adoption of city staff’s recommended determination of the bid protest, adoption of a determination different from that recommended by city staff or the rejection of all bids without deciding the bid protest. The decision of the city council on a bid protest shall be the final administrative action on the protest and shall exhaust the protesting bidder’s administrative remedies.
H. 
Rejection of All Bids. The filing of a bid protest shall not preclude the city from rejecting all bids. Rejecting all bids shall render a protest moot and terminate all protest proceedings.
I. 
Exclusive Remedy. The procedures and time limits set forth in this section are mandatory and are the protesting bidder’s sole and exclusive remedy. The protesting bidder’s failure to fully comply with these procedures and time limits shall constitute a waiver of any right to further pursue a bid protest, including filing of a claim pursuant to the California Government Code or other legal proceedings.
(Ord. 5135 § 1, 2012)