Prior history: Prior code §§ 3.12.010—3.12.120 and 3.12.300—3.12.330.
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 functions, and to assure the quality of purchases, a purchasing system is adopted.
(Ord. 14-02 § 3, 2014)
The procedures established by this chapter shall apply only to the purchase of supplies, equipment, and services, and shall not apply to public works projects as defined in Section 20161 of the California Public Contracts Code.
(Ord. 14-02 § 3, 2014)
There is created the position of purchasing agent, who may also be known as the "purchasing officer." The purchasing agent shall be the city manager or designee. The purchasing agent shall be the head and have general supervision of the purchasing division. The duties of the 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.
(Ord. 14-02 § 3, 2014)
The purchase of supplies and equipment of an estimated price less than or equal to $1,500 may be made by the department directors designated and approved by the purchasing officer. The department directors shall purchase supplies and equipment at the lowest possible cost commensurate with the quality needs.
(Ord. 14-02 § 3, 2014)
Purchases of supplies and equipment of an estimated price between $1,500 and less than or equal to $20,000 may be made by the purchasing officer by the procedures as follows:
A. 
Minimum Number of Bids. Open market purchase shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder.
B. 
Notice Inviting Bids. The purchasing officer shall solicit bids by written request to prospective vendors or by telephone.
C. 
Written Bids. If required, written bids shall be submitted to the purchasing officer who shall keep a record of all open market bids and the placing of the order. This record, while so kept, shall be open to public inspection.
D. 
Contracts. The purchase and sale of the supplies and equipment shall be memorialized in a contract or purchase order and written confirmation signed by the purchasing officer.
(Ord. 14-02 § 3, 2014)
Except as otherwise provided herein, purchases and contracts for supplies and equipment of an estimated price greater than $20,000 shall be awarded by written contract to the lowest responsible bidder pursuant to the procedure prescribed in this section.
A. 
Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured and the time and place for opening bids.
1. 
Published Notice. Notice inviting bids shall be published at least ten days before the date of opening of the bids. Such notice shall be published at least one time in a newspaper of general circulation in the city, or if there is none, it shall be posted in at least three public places within the city that have been designated by resolution as the places for posting public notices.
B. 
Bidder's Security. When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notice inviting bids. 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 of the successful bidder to execute the contract, award it to the next lowest responsible 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.
C. 
Bid Opening Procedure. Sealed bids shall be submitted to the city clerk and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
D. 
Rejection of Bids. At its discretion, the city council may reject any and all bids presented and readvertise for bids.
E. 
Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder except as otherwise provided herein.
F. 
Tie Bids. If two or more bids received are for the same 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 accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders prior to awarding of bid.
G. 
Performance Bonds. Before entering a contract the purchasing officer shall have authority to require a performance bond in such amount deemed reasonably necessary to protect the best interests of the city. If the purchasing officer requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
(Ord. 14-02 § 3, 2014)
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.
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.
(Ord. 14-02 § 3, 2014)
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.
(Ord. 14-02 § 3, 2014)
Using departments shall submit requests for supplies and equipment to the purchasing agent by standard requisition forms, or by other means as may be established by the purchasing rules and regulations.
(Ord. 14-02 § 3, 2014)
Purchases of supplies and equipment shall be made only by purchase orders. Except as otherwise provided in this chapter, no purchase order shall be issued unless the prior approval of the purchasing agent or designated representative has been obtained.
(Ord. 14-02 § 3, 2014)
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 the purchase is to be charged.
(Ord. 14-02 § 3, 2014)
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.
(Ord. 14-02 § 3, 2014)
All using departments shall submit to the purchasing agent, at such times and in such forms as the purchasing agent shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out.
(Ord. 14-02 § 3, 2014)
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.
(Ord. 14-02 § 3, 2014)
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 which, in his or her judgment, provides a fair benefit to the city.
(Ord. 14-02 § 3, 2014)
Any agreement for the purchase of supplies, equipment or services from another governmental agency shall be exempt from formal contract procedures of this chapter and all such agreements may follow the procedures in Section 3.12.060 or 3.12.070, as deemed advisable by the purchasing officer. Where the city budget authorizes the purchases of materials, supplies or equipment for the city and where the purchasing officer determines that another public agency (hereinafter "the acquiring agency") has within the 12 months immediately preceding the proposed purchase proceeded with steps pursuant to its purchasing procedure to obtain bids and award a contract to the lowest responsible bidder for the same materials, supplies or equipment which this city needs and for which authorization has been given, then, and in that event, the procedures of this chapter need not be followed and the city may proceed to purchase the materials, supplies or equipment on the same terms and conditions as purchased by the acquiring agency. For purposes of this chapter, "acquiring agency" may include, but is not limited to, the state of California, the county of Santa Barbara, a joint powers agency or any other governmental agency.
(Ord. 14-02 § 3, 2014)
Contracts for personal, professional, consultant services and non-public works with an estimated cost less than $10,000 may be awarded pursuant to the open market procedures of this chapter. All contracts for personal, professional, consultant services and non-public works with an estimated cost over than $10,000 may only be awarded by the city council following a formal written request for proposals procedure, the scope of which shall be approved by the city manager.
(Ord. 14-02 § 3, 2014)
Contracts for public projects, as defined in Section 20161 of the California Public Contract Code, as may be amended, shall be awarded in accordance with Chapter 3.16 of this code.
(Ord. 14-02 § 3, 2014)