Note: Prior ordinance history: Ord. 1605.
(1)
Method
Determined by Cost Estimate.
The procedure to be followed in awarding Contracts or Purchase
Orders is determined initially by the estimated cost to the City of
the Supplies or Services.
(2)
No
Division of Procurements.
The Procurement of Supplies or Services shall not be knowingly
staged or separated into smaller units or segments solely for the
purpose of evading the competitive bidding requirements of this Title.
(3)
Cancellation
of Solicitation.
A solicitation may be canceled up until the opening of Bids
by the Director, when cancellation or rejection is in the best interests
of the City. The reasons therefor shall be made part of the Contract
file.
(4)
Use
of Electronic Means.
(a)
Consistent with the stated policy of promoting efficient public Contract
law, consistent with the best of modern practice and research, and
pursuant to the authority granted by Public Contract Code sections
1600 and 1601, the Director shall be authorized to utilize electronic
means in the Procurement of Supplies and Services, so long as the
purpose and intent of applicable state law, this chapter, and any
supplemental rules or regulations are met.
(b)
Without limiting the nature of the foregoing, the City may utilize
online bidding and selling methods, electronic signature in accordance
with applicable state, local and federal law, and electronic mail
for delivery of notices when "mailed" notice is required
herein. For purposes of this Title, "supporting materials",
as defined in Public Contract Code section 1601, shall be deemed to
also include security bonds, which the City may, in its sole and absolute
discretion, allow to be submitted electronically, consistent with
any supplemental regulations, adopted in accordance with this Title,
implementing the submission of electronic security bonds. Whenever
"sealed" Bids or Proposals are called for, any electronic
means may be used so long as such electronic means provide for the
secured submission of the required data. Whenever Bids are required
to be "opened", such Bids shall be deemed "opened"
if and when they are made available to both the City and the public
simultaneously, in a public setting, including, without limitation,
by way of making such Bids available in an electronic format that
is readable by the public. If provisions of this section are in conflict
with any other resolution or ordinance of the City, this section shall
prevail.
(5)
Use
of Purchase Requisitions and Purchase Orders.
The Director shall prepare administrative policies and procedures
controlling the implementation of each Procurement approved pursuant
to this Chapter through the use of a Purchase Requisition and Purchase
Order. Each Procurement may only be approved after issuance of a Purchase
Requisition and Purchase Order approved by the Director, unless otherwise
exempt pursuant to applicable supplemental regulations.
(Ord. 2049 § 1, 2021)
The purchasing authority applicable for the Procurement of Supplies
and Services shall be established as follows:
(1)
Signature
Authority of the City Manager.
The City Manager may approve Purchase Orders or enter into Contracts
for Supplies and Services in an amount not to exceed $75,000. The
City Manager may further delegate Signature Authority to other City
employees as the City Manager deems appropriate not to exceed the
Signature Authority set forth by the City Council herein.
The City Manager may approve Purchase Orders or enter into Contracts
for Legal Services required by the City Attorney where Legal Services
will be performed under separate Contract directly with the City outside
of and separate from the City's agreement for Legal Services
with its City Attorney, and where the cost for Legal Services is within
the budget previously appropriated by the City Council. The City Attorney
shall provide the City Council with regular updates on all matters
requiring Legal Services and the costs associated therewith.
(2)
Authority
of the City Council.
The City Council shall approve Purchase Orders and Contracts for Supplies and Services that exceed $75,000, unless such approval is otherwise delegated to the City Manager pursuant to separate action by the City Council. The City Council may also, from time to time, change the City Manager's Signature Authority established pursuant to Section 7.03.020(1) by adoption of a resolution setting forth the revised amount of the City Manager's Signature Authority as authorized by this section 7.03.020(2).
(Ord. 2049 § 1, 2021)
The total estimated cost of Supplies or Services determines
the Procurement process that must be followed, as described below:
(1)
Supplies,
Maintenance Work, and General Services.
(a)
$10,000 or less: by negotiated Contract.
(b)
$10,000.01 $75,000: by the Informal Process.
(c)
Over $75,000: by the Formal Process.
(d)
The City Council may from time to time revise the amounts identified
herein setting forth the Procurement process for Supplies, Maintenance
Work, and General Services by adoption of a resolution identifying
the revised amounts therefor.
(Ord. 2049 § 1, 2021)
(1)
Soliciting
Informal Bids.
The Director shall cause to be prepared by the Using Department
Specifications for each Procurement and solicit informal Bids via
posted notice, telephone request, mail, email, fax or any other reasonable
solicitation method. All Bids shall be documented in writing. If the
Director is unable to obtain a minimum of three Bids, the Director
shall document that reasonable efforts were made to obtain the minimum
number of required Bids. The Director may follow the Formal Process.
(2)
Award
– Supplies, Maintenance Work, or General Services.
Open market Procurement shall be based whenever possible on competitive Bids awarded to the lowest Responsible Bidder, or the most qualified Bidder, in the best interests of the City, and approved pursuant to the Signature Authority specified in Section 7.03.020(1).
(3)
Award
– Professional Services
Award of Professional Services Contracts shall be made to the most qualified Bidder who will best serve the City's interests taking into account the demonstrated competence and professional qualifications for the scope of services to be provided and at fair and reasonable price to the City. Contracts for Professional Services may be approved pursuant to the Signature Authority specified in Section 7.03.020(1).
(Ord. 2049 § 1, 2021)
The formal process for Procurement of Supplies, Maintenance
Work, and General Services shall comply with all aspects of state
and local law governing formal competitive bidding, including, resolutions
of the City Council as may be adopted from time to time, this Title,
and applicable supplemental regulations.
(1)
Bidder
List.
The City shall maintain a list of qualified Bidders in accordance
with policies and procedures established by the Director.
(2)
Notice.
All qualified Bidders on the City's list for the category
of work being bid shall be mailed, faxed, or emailed an Invitation
for Bids (IFB) or Notice Inviting Bids (NIB). The City may elect to
mail, fax, or email the IFB or NIB to construction trade journals
or through the City's electronic purchasing system registry
of Bidders. The IFB or NIB shall describe the scope of the Supplies,
Maintenance Work or General Services to be provided in general terms
and how to obtain more detailed information about the Procurement,
and state the time and place for the submission of Bids. All mailing
of IFB or NIB to qualified Bidders and/or construction trade journals
or through the City's electronic purchasing system registry
of Bidders shall be completed not less than 10 calendar days before
Bids are due.
(3)
Bidder's
Security/Failure to Sign Contract.
Bidder's security may be required by the Director. If
required, the security shall be prescribed in the IFB or NIB including
provisions for its forfeiture for failure of the lowest Bidder to
execute a Contract, or to furnish Supplies, Maintenance Work or General
Services pursuant to a Purchase Order.
(4)
Bid
Opening Procedure.
Sealed Bids shall be submitted to the Director and shall be
identified as to Bidder, project, and bid title/number on the envelope.
Bids shall be opened by the City in public at the time and place stated
in the IFB or NIB. Alternatively, sealed Bids may be received by the
City via an electronic bid management system in accordance with this
Chapter.
(5)
Award.
If a Contract is to be awarded or a Purchase Order is to be issued, it shall be made with the lowest Responsible Bidder submitting a Responsive Bid. Bid irregularities may be waived upon recommendation by the City Attorney. Procurement pursuant to the Formal Process may be approved pursuant to Section 7.03.020.
(6)
Tie
Bids.
If two or more Bids received are determined to be the lowest
and Responsive Bids, the City may accept either Bid. Should tie Bids
be received the following priority list will apply to the award:
(7)
No
Bids.
If no Bids are received, the Procurement may be performed by
City employees by Force Account or by negotiated Contract without
further complying with this Title.
(Ord. 2049 § 1, 2021)
The RFQ and/or RFP process shall be utilized for Procurement
based on demonstrated competence and qualifications of the Bidder
to be performed or provided and at fair and reasonable prices to the
City. The City may use the RFQ process to establish a pre-qualified
list of suppliers for a future Procurement of Supplies. The City may
use the RFQ process to establish a pre-qualified list of persons or
Businesses for a future Procurement of Services, including Professional
Services through a separate RFP process. The City may utilize a two-step
RFQ and RFP process for highly complex or technical Procurement. The
Director shall establish policies and procedures for implementation
of the Formal RFQ and/or RFP process meeting the following minimum
guidelines:
(1)
Notice
Inviting RFQs or RFPs.
At a minimum, the notice inviting RFQs or RFPs shall: (1) describe
the project; (2) state how to obtain more detailed information about
the project; (3) state the date, time and place for the submission
of Statements of Qualifications or Proposals; (4) describe general
parameters for evaluation and selection; and (5) include any other
information required by state or local law.
(2)
Published
Notice.
City staff shall solicit RFQs or RFPs via published notice in
a newspaper of general circulation and on the City's website
for at least 10 calendar days before the date for receiving Statements
of Qualifications or Proposals, unless urgent circumstances call for
a shorter time.
(3)
Review
of Qualifications or Proposals.
The City will receive Statements of Qualifications or Proposals
at the date, time and place of submission on the noticing inviting
RFQs/RFPs. Any Statements of Qualifications or Proposals received
after the deadline will be time/date stamped and returned unopened
by the City. The City will review and evaluate Statements of Qualifications
or Proposals based on the evaluation and selection criteria in the
RFQs/RFPs and will identify qualifications that pass or fail based
on factors listed in the RFQ, or will rank Proposals based on factors
listed in the RFP.
(4)
Negotiation.
Once Proposals are ranked, the City may negotiate a Contract
with the highest ranked Bidder only, may negotiate with multiple Bidders,
or may attempt to reach an agreement with the highest ranked Bidder
before negotiating with other Bidders in order of ranking. The City
may also dispense with negotiations and recommend an award based on
the Proposals.
(5)
Award.
Award for Professional Services Contracts shall be to the most
qualified Bidder who will best serve the City's interests considering
the demonstrated competence and professional qualifications for the
scope of services to be provided and at fair and reasonable prices
to the City. Award for all other Contracts shall be to the Bidder
that is in the City's best interests, in the City's sole
and absolute discretion.
Award for highly complex or technical Procurement not otherwise
considered Professional Services shall be to the most qualified Bidder
and at the most reasonable fee who will best serve the City's
interests after considering the evaluation criteria in the RFP which
may include a combination of both a qualifications component and a
fee component as established by the City in the RFP.
(Ord. 2049 § 1, 2021)
(1)
Policy.
Modifications to a Contract or Purchase Order through a City
issued written amendment documenting the changes to the Contract or
Purchase Order may be utilized for purposes of: (1) adding and/or
deleting quantity of items being purchased; (2) modifying unit prices;
(3) modifying the scope of work or Services to be provided; (4) changing
the funding sources; (5) changing the performance schedule; or (6)
any other change required by the City.
(2)
Specific
Authority.
(a)
The City Manager may approve Contract or Purchase Order amendments
for Supplies and Services if the amendments aggregated with the original
Contract or Purchase Order do not exceed the Signature Authority,
subject to an unencumbered appropriation in the funds against which
such expenditure is to be charged.
(b)
The City Council shall approve Contract or Purchase Order amendments
for Supplies and Services where the amendments aggregated with the
original Contract or Purchase Order exceeds the Signature Authority.
During the approval of a Contract or Purchase Order by the City Council,
the City Council may delegate specific Signature Authority to approve
Contract or Purchase Order amendments, specific to that Contract or
Purchase Order, based on either a percentage of the original Contract
or Purchase Order amount or a specific dollar amount. If no specific
Signature Authority is given by the City Council, the City Manager
may approve Contract or Purchase Order amendments for a City Council
awarded Contract or Purchase Order up to the Signature Authority otherwise
allowed pursuant to this Chapter.
(Ord. 2049 § 1, 2021)
