This chapter shall apply to all city purchases, procurements,
and contracts including those for supplies, services, equipment, public
works, and professional services.
(Ord. 1537 § 2, 2018)
This section applies to all city purchases except public works
contracts over five thousand dollars, professional services contracts,
and fixed charges. Purchases shall be made to the responsible vendor
offering the lowest acceptable bid or through best value procedures
that provide adequate and reasonable competition at the sole discretion
of the city. Quotations and bids shall be obtained using the following
methods.
(a) Micro-Purchases.
Purchases aggregating three thousand five hundred dollars or less
may be awarded without soliciting competitive quotations.
(b) Small
Purchases. Purchases aggregating over three thousand five hundred
dollars to fifty thousand dollars shall be obtained using informal
quotations from at least two qualified vendors.
(c) Procurements
(Over Fifty Thousand Dollars).
(1) Service contracts aggregating over fifty thousand dollars shall be
selected using a request for proposal or a request for bid process,
as determined by the purchasing officer to serve the city's greater
benefit, based on each contract or procurement.
(2) Other purchases aggregating over fifty thousand dollars shall be
awarded to the lowest responsive and responsible bidder through competitive
bid procedures unless the purchasing officer determines that the public
interest would be served by using a modified procedure.
(3) The city reserves the right in its sole discretion to reject any
and all bids presented and to readvertise for bids.
(Ord. 1537 § 2, 2018)
Unless the provisions of Chapter
2.38 apply, any award of a public works contract over five thousand dollars shall be made in accordance with this section. The procedures used shall ensure that the city obtains adequate and reasonable competition.
(a) Formal
Bidding. Public works contracts require formal, competitive sealed
bidding pursuant to state law.
(1) Public Notice. Public notice of the request for bids shall be published.
(2) Bid Opening. Sealed bids shall be opened by the city clerk or designee
publicly in the presence of at least one witness at the time and place
designated in the request for bids.
(3) Bid Acceptance and Bid Evaluation. Bids shall be unconditionally
accepted without alteration or correction. The city retains the right
to waive minor irregularities in the bid, but will reject nonresponsive
bids in accordance with law.
(4) 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 be served by re-advertising for bids, the city council may
accept the one it chooses or accept the lowest bid made by negotiation
with the tie bidders.
(5) Rejection of Bids. In its sole discretion the city may reject any
and all bids presented and readvertise for bids.
(6) Award. The contract shall be awarded to the lowest responsible and
responsive bidder.
(7) Storage of Sealed Bids. All opened bid materials, after the award,
are to be retained for the time prescribed by the records management
program.
(b) Emergency
Exception to Competitive Bidding. In an emergency, the procedures
of Public Contract Code Sections 20168 and 22050, or any successor
statute, shall apply. The city manager is authorized to order emergency
work pursuant to Public Contract Code Section 22050 and if such action
is ordered, the city manager shall report to the council at successive
regular meetings stating the justification for continuing with the
emergency work. In the absence or inability of the city manager to
so act, the director of public works shall be authorized to exercise
these powers.
(Ord. 1537 § 2, 2018)
This section applies to the procurement of professional services.
Professional services includes any type of special service or advice
in financial, economic, accounting, engineering, legal or administrative
matters by persons specially trained and experienced and competent
to perform the special services required (Government Code Section
53060). Such services include, but are not limited to, architectural;
engineering; environmental; financial; land surveying; construction
management; audits; training services; legal services; preparation
of planning or studies; technology application development; and personnel,
job classification and benefit studies.
(a) Contracts
aggregating fifty thousand dollars or less can be obtained by negotiated
contract and/or by purchase order.
(b) Contracts
aggregating greater than fifty thousand dollars shall be obtained
by request for proposal (RFP) or request for qualification (RFQ).
(c) Professional
services contracts shall be awarded only to responsible contractors
possessing the ability to perform successfully under the terms and
conditions of a proposed procurement. Consideration will be given
to such matters as contractor integrity, compliance with public policy,
record of past performance, and financial and technical resources.
Professional services are generally retained considering technical
factors (such as qualifications and experience), price and other factors
such as the ability to meet the city's time schedule(s) for the project.
(Ord. 1537 § 2, 2018)
Fixed charges are goods or services that can be acquired from
only one source for which a fixed charge has been determined. Fixed
charge contracts can be obtained without bid, request for proposal,
or request for qualifications. A purchase order is not required for
these types of purchases.
(Ord. 1537 § 2, 2018)
When deemed necessary by the city manager or the city manager's
designated representative, bidder's security may be prescribed in
the notice inviting bids. All public works bids shall be accompanied
by security. 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 ten 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
to execute the contract, award it to the next lowest responsible,
responsive 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.
(Ord. 1537 § 2, 2018)
The city shall have authority to require a performance bond
of the successful bidder before entering into a contract pursuant
to an award in such an amount as it shall find reasonably necessary
to protect the best interests of the city. If the city requires a
performance bond, the form shall be approved by the city attorney.
The amount and form, whenever possible, shall be set forth in the
notice inviting bids.
(Ord. 1537 § 2, 2018)
All purchases over three thousand five hundred dollars shall
be made by purchase order or written contract except for purchases
involving "fixed charges."
(Ord. 1537 § 2, 2018)
Purchases shall not be divided so as to avoid compliance with
any provision of this chapter.
(Ord. 1537 § 2, 2018)
All city contracts shall be reviewed as to form by the city
attorney or city's special legal counsel.
(Ord. 1537 § 2, 2018)
Notwithstanding the provisions of this chapter, federal or state
law and any special conditions pertaining to grants shall also be
met when purchasing or contracting pursuant to such grants.
(Ord. 1537 § 2, 2018)
The city shall endeavor to create specifications and make purchases
that are environmentally friendly to the extent practicable and consistent
with the common good, taking into account the city's budget and other
factors.
(Ord. 1537 § 2, 2018)