In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost commensurate with quality needs, 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.
The procedures established by this Chapter shall apply only to the purchase of supplies, equipment, and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code.
There is created the position of Purchasing Agent, who may also be known as the Purchasing Officer. The Purchasing Agent shall be the head and have general supervision of the Purchasing Division. The duties of Purchasing Agent may be combined with those of any other office or position. The Purchasing Agent shall have the authority to:
(a) 
Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this Chapter, such administrative regulations as the Purchasing Agent 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 the City Manager;
(b) 
Negotiate and recommend execution of contracts for the purchase of supplies and equipment;
(c) 
Act to procure for the City the needed quality in supplies 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 Council rules governing the purchase of supplies and equipment for the City;
(f) 
Prepare and recommend 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 are reasonably necessary for the operation of this Chapter and other rules and regulations;
(i) 
Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications;
(j) 
Recommend the transfer of surplus or unused supplies and equipment between departments as needed;
(k) 
Maintain an approved vendors list, vendors' catalog file, and records needed for the efficient operation of the Purchasing Division.
The City Manager may authorize, in writing, any department to purchase specified supplies and equipment independent of the Purchasing Agent; provided, however, that the City Manager shall require that such purchases be made in conformity with the procedures established by this Chapter and shall further require periodic reports from the Department on the purchases made under such written authorization.
All using departments shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the Purchasing Agent shall prescribe.
Using departments shall submit requests for supplies and equipment to the Purchasing Agent by standard requisition form, or by other means as may be established by the purchasing rules and regulations.
Purchases of supplies and equipment shall be made only by purchase orders. Except as otherwise provided herein, no purchase order shall be issued unless the prior approval of the Purchasing Agent or his designated representative has been obtained.
Except in cases of emergency, the Purchasing Agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged.
The Purchasing Agent shall, in his or her discretion, inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The Purchasing Agent 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.
Except as otherwise provided herein, purchases of supplies and equipment of an estimated value greater than Thirty-five thousand dollars shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed.
(Amended by Ord. 03-10, 5/28/03)
Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secured, and the time and place for opening bids.
Notices inviting formal bids shall be published at least 10 days prior to the date of opening of the bids. Notices shall be published at least once for non-public projects and at least twice, not less than five days apart for public projects, in a newspaper of general circulation in the City.
The Purchasing Agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto.
Where deemed necessary by the Purchasing Agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to 10% of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon his or her refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise.
A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the City Council, in an amount reasonably necessary to protect the best interests of the City. In addition, the City Council shall have authority to require a faithful performance bond or other bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids.
Sealed bids shall be submitted to the Purchasing Agent and shall be identified as "bids" on the envelope. The Purchasing Officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the Purchasing Office during regular business hours for a period of not less than 30 calendar days after the bid opening.
In its discretion, the City Council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein.
Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the Purchasing Agent at the time of award of contract.
If two or more formal 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 in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract.
When no formal bids or no responsive bids are received, the Purchasing Officer is authorized to negotiate for written proposals, and his or her recommendation shall be presented to the City Manager, and the award, if any, shall be made in accordance with applicable provisions prescribed herein.
Purchases of supplies and equipment of an estimated value in the amount of Thirty-five thousand dollars or less may be made by the Purchasing Agent in the open market pursuant to the procedure prescribed in Sections 3.12.260 through 3.12.280 and without observing the procedure prescribed in Sections 3.12.130 through 3.12.240; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than Five thousand dollars.
(Amended by Ord. 03-10, 5/28/03)
Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors.
The Purchasing Agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices.
The Purchasing Agent shall keep a written record of all open market purchases and informal bids for a period of two years. This record, while so kept, shall be open to public inspection.
Notwithstanding any provision of this Chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances:
(a) 
When the estimated amount involved is less than Five thousand dollars;
(b) 
When the commodity can be obtained from only one vendor;
(c) 
The City Manager may authorize the purchase of materials, supplies, equipment, and services where an emergency is deemed to exist and it is determined that service involving the public health, safety, or welfare would be interrupted if the normal procedure were followed. All emergency purchases which would otherwise require formal bidding procedures made pursuant to this Section shall be submitted to the City Council for ratification at the next regular Council meeting after the purchase is authorized;
(d) 
Contracts for personal services, for professional and consultant services, and for other, non-public projects and contractual services may be executed without observing the bidding procedures provided herein. The City Manager is authorized to enter into such contracts where the amount of the contract does not exceed Thirty-five thousand dollars; provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. Where the amount of the contract exceeds Thirty-five thousand dollars the contract shall be approved by the City Council;
(e) 
Any agreement involving acquisition of supplies, equipment, or service entered into with another governmental entity.
(Amended by Ord. 03-11, 5/28/03)
The City Council shall, by resolution, prescribe procedures, rules, and regulations governing the solicitation, selection, and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures provided for in this Chapter. Such procedures, rules, and regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost-effectiveness.
All using departments shall submit to the Purchasing Agent, at such times and in such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out.
The Purchasing Agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for City use.
The Purchasing Agent shall have authority, subject to approval of the City Manager, to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the maximum return to the City.