The terms listed in this section whenever used in the chapter, unless otherwise indicated, shall be construed as follows:
"Bid"
means an offer to perform obligations under a contract for supplying goods or services at a specified time.
"City"
means city of Rio Vista.
"Competitive bidding"
means the process whereby bids are solicited from bidders in accordance with applicable law under the direction of the finance director to foster cost effective competition within the private sector to provide goods or services to the city.
"Conflict of interest"
means a conflict of interest under the statutory, regulatory and case law of the state of California and/or the city of Rio Vista.
"Contract"
means any type of legally recognized agreement to provide goods or services including, without limitation, executed purchase orders for the procurement of goods or services.
"Cooperative purchasing"
means a purchasing method whereby the procurement requirements of two or more separate governmental entities are combined with the intent of obtaining the benefits of volume pricing and/or reduction in administrative costs.
"Emergency"
means those cases wherein needed supplies or equipment are not on hand and must be procured immediately on the open market at the nearest and earliest available source of supply. In an emergency situation there is insufficient time to follow the bid procedures provided in this chapter because: (1) great public calamity exists; or (2) there is an immediate need to prepare for national or local defense; or (3) there is a breakdown in machinery, equipment or an essential service which requires the immediate purchase of supplies or equipment to protect the public health, safety or welfare; or (4) an essential city operation affecting the public health, safety or welfare would be greatly hampered or disrupted by following the standard purchasing procedure.
"Formal bid"
means a bid submitted to the city pursuant to and in compliance with Sections 3.12.290 through 3.12.370 of this chapter.
"Goods"
means supplies, materials equipment and other commodities included in Section 2105 of the California Commercial Code.
"Informal bid or quotation"
means verbal or written bid that is submitted by a bidder for procurement of goods or services for which formal competitive bidding is not required.
"Open market procurement"
means procurement of goods and services utilizing informal bids or quotations under the direction of the finance director.
"Professional services"
means advisory, consulting, architectural, engineering, data processing, telecommunications, legal, financial, surveying or any service which involves the exercise of professional discretion or independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience.
"Purchase or procurement"
means purchase of goods and services including leases by which the city acquires an ownership interest.
"Purchase order"
means a contractual document provided to vendors for the ordering of goods and services required by the city.
"Purchase requisition"
means a written request in form as the city may, from time to time, determine, submitted by a using agency to the finance department for procurement of specified goods or services.
"Ratification"
means the act of approving an unauthorized commitment by an official who has the authority to do so.
"Recycled goods"
means finished manufactured products containing recycled materials in the production thereof.
"Responsible bidder"
means a bidding party possessing the skills, judgment, integrity, experience and financial resources necessary to timely perform and fulfill the contract being bid.
"Responsive bid"
means a bid which meets all of the specifications set forth in the request for bid proposal.
"Services"
means all services including equipment service contracts. The term does not include services rendered by city officers and employees, nor private firms offering professional services.
"Surplus personal property"
means any goods that are unneeded, obsolete or otherwise unsuitable for use by the using department, or any other department of the city.
"Unauthorized commitment"
means agreement that is not binding solely because the city representative who made it lacked the authority to enter into the agreement on behalf of the city.
"Using agency"
means any department, agency or other unit of city government which uses goods or services and derives its support in whole or in part from city funds.
(Ord. 604 § 1, 2004)
The finance department is hereby charged with responsibility for centralized purchasing for the following purposes:
A. 
To establish efficient policies and procedures for the purchase of city supplies, material, equipment and services at the lowest possible cost commensurate with quality needed;
B. 
To establish policies and procedures for the disposition of surplus goods;
C. 
To purchase goods and services at the lowest competitive market price without favor or prejudice;
D. 
To operate a central stores warehouse for the convenience of, and monetary savings to the city and departments;
E. 
To provide for identification of capital assets acquired for the city;
F. 
To clearly define the authority for the purchasing function; and
G. 
To exercise responsible financial control over purchases commensurate with the quality needed.
(Ord. 604 § 1, 2004)
The finance director under the direction and supervision of the city manager, shall have the responsibility and authority for the purchasing of supplies, materials, equipment and the administration of contractual services required by any office, department or agency of the city, except as otherwise provided in this chapter, and shall have the responsibility and authority to:
A. 
Establish a purchasing program, providing for competitive bidding or open market purchasing in order to obtain the greatest possible advantage for the city;
B. 
Prepare operating policies, setting forth procedures, to be followed by all departments concerning the purchase of materials, equipment and services, including, without limitation, the preparation and modification as necessary, of a Purchasing Policies and Procedures Manual;
C. 
Solicit the lowest competitive prices on all purchases and award, or recommend award, only to responsible bidders, encourage uniform bidding practices, and endeavor to obtain full and open competition on all purchases;
D. 
Manage the purchasing program using contracts as permitted by law, including, but not limited to, equipment service contracts, lease purchase agreements and rental agreements, subject to restrictions set forth in this chapter or specifically provided by law;
E. 
Prescribe and maintain purchasing related forms, bid lists, vendor directories, catalog files, and records needed for the efficient operation of a centralized purchasing program;
F. 
Keep informed of current developments in the procurement field, prices, market conditions and new products;
G. 
Encourage the standardization of similar equipment, materials, and services used by the various city departments;
H. 
Transfer surplus property between offices or departments, sell at auction, trade in on new equipment, or dispose of as determined to be in the best interest of the city;
I. 
Establish and enforce specifications with respect to supplies, materials, equipment and services required by the city;
J. 
Perform such other duties as may be imposed by ordinance or resolution of the city council or any lawful directives of the city manager.
(Ord. 604 § 1, 2004)
Departments shall submit requests of supplies, equipment and services on standard requisition forms to be maintained and updated by the finance director. The requisition shall set forth the salient characteristics of the supplies/equipment/services being requested. At the minimum, when known, the requisition shall state the brand name and manufacturer part number. In the case of services, the requisition shall be in sufficient detail to permit competition when reasonably possible. All requisitions shall be approved by the department head, or duly authorized representative.
(Ord. 604 § 1, 2004)
"Sole/single source" as used in this chapter, means that the procurement is available from only one source and there is no permissible substitute. Specifications requiring a sole source shall include written justification from the requesting department explaining why a sole source has been specified. The finance department shall independently exercise due diligence to research whether the source is a "sole/single source" and, if it concurs, issue written confirmation to the requesting department. Only then shall any source be considered a "sole/single source" as used in this chapter.
(Ord. 604 § 1, 2004)
The city manager shall have authority, and in his or her sole discretion may delegate authority in writing to a department head, to authorize and approve in writing purchase requisitions and purchase orders for goods and services, which do not exceed $29,500. Purchases of goods or services in a dollar amount over $29,500 shall require city council approval, unless any contract authorization for any particular contract has previously been delegated by the city council.
(Ord. 604 § 1, 2004; Ord. 006-2014 § 1)
Purchases of supplies, equipment and services shall be made only by purchase order, except as otherwise provided in this chapter, or as provided for in the Purchasing Policies and Procedures Manual. Persons authorized to sign purchase orders are the persons authorized to purchase the subject supplies, equipment or services pursuant to Section 3.12.060. Purchase orders executed by other persons shall be a nullity and of no legal effect. Purchases and contracts shall not be split, stared or separated into smaller units of work for the purpose of evading the competitive bidding procedures, or limits of contracting authority, as specified in this chapter.
(Ord. 604 § 1, 2004; Ord. 006-2014 § 1)
The department head may grant authorization for change notices in an amount not to exceed 20% of the original purchase order, as long as the aggregate total of the purchase order, including the amount of the change notice and any previous change notices, does not exceed their signature authority as previously approved by the city manager or the city council, as applicable, in accordance with Section 3.12.060. Any change notice that causes a purchase order to exceed signature authority must be approved by the city manager, or the city council in accordance with Section 3.12.060.
(Ord. 604 § 1, 2004)
The city manager or designee shall not authorize any purchase order unless there exists an unencumbered appropriation in the adopted fiscal year budget against which such purchase is to be charged, except in the case of an emergency, as set forth in Section 3.12.370(B).
(Ord. 604 § 1, 2004)
In addition to price in determining the "lowest responsible bidder," consideration will be given to quality and performance of the commodity to be purchased or service provided by the bidder. Criteria for determining the lowest responsible bidder shall include, but not be limited to, the following:
A. 
Ability, capacity and skill of the bidder to provide the supplies, materials, equipment or contractual services as required;
B. 
Ability of the bidder to provide the supplies, materials, equipment or contractual services within time specified;
C. 
Character, integrity, reputation, judgment, experience, and efficiency of the bidder;
D. 
Quality or performance of previous purchases from said bidder;
E. 
Ability of the bidder to provide future maintenance, repair parts and services for the use of commodity purchased;
F. 
Performance by bidder under contract with other public or private entities;
G. 
Listing of contractor as "debarred" or determination of other public agency that bidder has submitted a fraudulent bid within the prior five years;
H. 
Possession of required license(s), permit(s) or other governmental approvals, if any, to supply or provide the subject supplies, materials, equipment or services.
(Ord. 604 § 1, 2004)
In computing bids or quotations on all materials, supplies, equipment and services to be purchased by the city, preference may be granted to local vendors by an amount equal to three percent of the bid or quotation ("local vendor preference"). This means that local vendors' bids or quotations will be deemed lowered by three percent when comparing it to the bids or quotations of other vendors. In no event shall the local vendor preference exceed $5,000 for any single purchase order or contract. The local vendor preference shall be utilized solely for the purpose of selecting a vendor, and shall not have any bearing on the amount of the purchase order or contract should a local vendor be selected. This local vendor preference is expressly made inapplicable to bids for public projects, as that term is defined in California Public Contract Code Section 20161.
For purposes of this section, a "local vendor" shall mean a person or legal entity which has a place of business (other than a post office box) within the city and has a valid, current business license issued by the city. The city manager or city finance director shall develop a procedure for certifying such information.
(Ord. 638 § 1, 2008)
The finance department and all other employees involved in the procurement of supplies, material, equipment and services will conduct themselves with absolute integrity. The very highest ethical standards will be maintained in all material activities. The finance department and all other employees will be constantly aware of their responsibilities in spending public funds and subscribe to the following principles and standards as advocated by the National Association of Purchasing Management and the California Association of Public Purchasing Officers:
A. 
Regard public service as a sacred trust, giving primary consideration to the interests of the city;
B. 
Purchase the best value obtainable, securing the maximum benefit for each tax dollar expended;
C. 
Allow for full and open competition and not participate in uniform bidding;
D. 
Know and respect their obligations to the public, private sector and using agencies;
E. 
Accord vendor representatives courteous treatment remembering that they are important sources of information and assistance in buying decisions;
F. 
Strive constantly for greater knowledge of purchasing methods and of the goods and services to be procured;
G. 
Conduct themselves with fairness and dignity, demand honesty in buying and selling;
H. 
Cooperate with all organizations and individuals engaged in enhancing the development and standing of the purchasing profession;
I. 
Remember that their conduct reflects on the city and the entire purchasing profession.
(Ord. 604 § 1, 2004)
No officer or employee of the city shall have any financial interest in the transaction of business in connection with the purchase of goods and services for the city. No officer or employee shall participate in the procurement or selection process when such officer or employee has a relationship with a person or business entity seeking a contract under this chapter which would subject such officer or employee to the prohibition of California Government Code Section 87100 et seq., or Government Code Section 1090 et seq.
(Ord. 604 § 1, 2004)
The finance director and all other officers and employees of the city are prohibited from accepting or soliciting directly or indirectly from any person to which any purchase order or contract is, or whom that person knows might be, awarded; any rebate, kickback, gift, money or other consideration. The offer of any such consideration or gratuity to an official or employee by any supplier or contractor shall be cause for declaring such individual to be an irresponsible bidder and for preventing him or her from bidding as provided in this chapter.
(Ord. 604 § 1, 2004)
City officers and employees shall not utilize city funds, personnel or facilities to make purchases for personal use, using the city's purchasing personnel or facilities. The city's credit or name will not be used for personal purposes by city officers or officials.
(Ord. 604 § 1, 2004)
Any employee or officer of the city shall be deemed guilty of malfeasance and shall be disciplined in accordance with city personnel rules and regulations, code and state law, including termination where appropriate, for engaging in any of the following activities:
A. 
Deliberately aiding or assisting a bidder in securing a contract to furnish supplies, materials, equipment or contractual services at a higher price than that proposed by any other bidder;
B. 
Knowingly favoring one bidder over another by giving or withholding information;
C. 
Wilfully misleading any bidder regarding the character of materials or supplies called for;
D. 
Knowingly accepting commodities of a quality inferior to those called for by the contract;
E. 
Knowingly certifying to a greater amount of service performed than has actually been performed, or to the receipt of a greater amount or different kind of materials or supplies than have actually been received.
(Ord. 604 § 1, 2004)
If at any time it shall be found that the person, firm, or corporation to whom a contract has been awarded has in presenting any bid or bids, colluded with any other party or parties for the purpose of preventing any other bid being made, causing an inflated bid to be made, or otherwise improperly influencing the bidding process, then the contract so awarded shall be null and void.
(Ord. 604 § 1, 2004)
When for any reason collusion or other anti-competitive practices are suspected among any bidders or offerors, a written notice of the relevant facts shall be transmitted to the city attorney, the district attorney and/or state attorney general.
(Ord. 604 § 1, 2004)
The remedies available to the city pursuant to this chapter shall not be exclusive remedies for the conduct prohibited under this chapter. The city or any other appropriate authority may pursue any and all remedies or penalties provided for by law against any individual who engages in conduct prohibited pursuant to this chapter.
(Ord. 604 § 1, 2004)
When economically advantageous, repetitively ordered materials will be procured through the use of annual or multi-year contracts. Time and dollar limits will be identified on all such contracts and purchase orders relating to the same. A new purchase order is to be issued each fiscal year. These contracts will also include terms, which specify conditions of renewal each year for the duration of the contract. An annual review shall be made by the finance director and the using agency to determine if the contract will be renewed or terminated.
(Ord. 604 § 1, 2004)
Where advantageous for the city, and, if appropriate, approved by the city council or the city manager, the finance director is authorized to purchase supplies, materials, equipment and contractual services through legal contracts of other governmental jurisdictions or public agencies without further contracting, solicitation, or formal bidding, provided such practice complies with state law. This practice is commonly referred to as "piggybacking." Utilization of cooperative purchasing agreements must include:
A. 
Minimal change in specifications from original bid;
B. 
Copy of the request for bids and all bids received for the subject item(s) by the originating agency;
C. 
Authorization from the originating agency to use the bid;
D. 
Authorization and agreement from the vendor to supply the supplies, materials, equipment or services in accordance with the terms of the bid.
(Ord. 604 § 1, 2004)
The city reserves the right, as the interest of the city requires, to reject any or all bids, to waive any informality in bids received, to reject any unapproved alternate bid, and to reject the bid of any bidder who has previously failed to perform competently in any prior business relationship with the city. The rejection of any or all bids shall not render the city liable for costs or damages.
(Ord. 604 § 1, 2004)
The city manager or designated representative shall review all unauthorized commitments to determine the appropriate course of action. The course of action, may include, but is not limited to:
A. 
Ratification;
B. 
Rejection of payment;
C. 
Requiring that payment be made by the individual making the unauthorized commitment.
(Ord. 604 § 1, 2004)