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)
Public works and improvements will be consistent with the city’s
Charter.
(Ord. 3430 § 1, 1999)
There is created a centralized purchasing department in which
is vested authority for the purchase of supplies, services and equipment.
(Prior code § 19A.2)
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 file detailed estimates of their requirements
in supplies, services and equipment in such a manner, at such time,
and for such future periods as the purchasing officer shall prescribe.
(Prior code § 19A.4)
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;
3. Special
features of the services, supplies or equipment required for effective
performance;
5. Probable
life of the item selected when compared with that of a comparable
item;
7. Maintenance
availability and expense;
8. Environmental
and energy efficiency considerations;
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)