In order to establish efficient procedures for the purchase
of goods and services, to secure for the city goods and services at
the lowest possible cost commensurate with quality needed, to exercise
positive financial control over purchases, to clearly define authority
for the purchasing function and to assure quality of purchases, a
purchasing system is hereby adopted. This chapter shall not be applicable
to public works contracts governed by the Public Contracts Code.
(Ord. 763 § 1, 1995; Ord. 1126, 1/24/2023)
Except as otherwise provided herein, purchases and contracts for goods and non-professional services at a cost greater than the city manager's signing authority shall be awarded by written contract to the lowest responsible bidder pursuant to a competitive bid, whereby a written notice inviting bids is publicly posted. Purchases for goods and non-professional services at a cost equal to or less than the city manager's signing authority may be conducted pursuant to the procedure described in Section
2.56.040.
(Ord. 763 § 1, 1995; Ord. 856 § 1, 2001; Ord. 1126, 1/24/2023)
Purchases of goods and non-professional services at a cost greater than a department director's signing authority but equal to or less than the city manager's signing authority may be awarded by the city manager pursuant to an informal bid on the open market, without observing the procedure described by Section
2.56.030. The open market procedure solicits informal bids through any reasonable solicitation method. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder. Purchases for goods and non-professional services at a cost equal to or less than the department director's signing authority may be conducted pursuant to the procedure described in Section
2.56.042.
(Ord. 763 § 1, 1995; Ord. 856 § 2, 2001; Ord. 980 § 2, 2011; Ord. 1126, 1/24/2023)
Purchases of goods and non-professional services at a cost equal to or less than a department director's signing authority may be made by the department director at the lowest possible cost commensurate with the quality needed, without observing the procedures described by Sections
2.56.030 and
2.56.040. Prudent judgment shall be used at all times to ensure that the purchased supplies and services are received in good condition and at a fair price, and the department director is strongly encouraged to obtain competitive quotations.
(Ord. 1126, 1/24/2023)
Purchases of professional services at a cost greater than the city manager's signing authority shall be awarded by written contract to the most qualified proposer pursuant to a formal request for proposals, whereby a written notice inviting proposals is publicly posted. Proposals must be evaluated using the quality-based selection (QBS) process in accordance with Public Law 92-582. Purchases for professional services at a cost equal to or less than the city manager's signing authority may be conducted pursuant to the procedure described in Section
2.56.120.
(Ord. 1126, 1/24/2023)
The following exceptions are made to the formal bidding requirements set out in Sections
2.56.030,
2.56.040, and
2.56.043 of this chapter:
A. Best Interests of the City. Except where otherwise prohibited by
law, the appropriate purchasing authority may make a contract award
without following the required procurement methods, provided that
said authority finds the award to be in the best interests of the
city or of the public health, safety, and welfare of the community.
B. Serving as a Pass-Through Agency. When the city is a fiscal agent,
receiving federal, state, or county funds on behalf of a separate
entity.
C. Cooperative Purchasing. When the city develops a contract off of
another government agency's or purchasing cooperative's
competitively bid contract to secure value pricing and/or reduce administrative
overhead.
D. Emergency. When a sudden, unexpected occurrence poses a clear and
imminent danger, requiring immediate action by the city to prevent
or mitigate the loss or impairment of life, health, property, or essential
public services.
E. Mandated Expenditures. When expenditures are mandated by law or regulation.
F. Non-Traditional Procurements. When certain goods and services are
acquired in a specific manner that meets the "best quality and value"
standards outside of the open, competitive market.
G. Commodities. When expenditures for commodities that are not readily
adaptable to formal bidding requirements.
H. Sole Source. When only one supplier, for reasons of expertise, standardization,
quality, compatibility, specifications, or availability, is capable
of providing the required product or service.
(Ord. 980 § 3, 2011; Ord. 1126, 1/24/2023)
Except in cases of emergency, the city shall not issue any purchase
order or contract for supplies or equipment unless unencumbered appropriations
exist in the department against which such purchase is to be charged.
(Ord. 763 § 1, 1995; Ord. 1126, 1/24/2023)
The city shall inspect, or cause to be inspected, supplies and
equipment delivered to determine their conformance with the specifications
set forth in the order or contract. The city shall have authority
to require chemical and physical tests of samples submitted with bids
and samples of deliveries as necessary to determine their quality
and conformance with specifications.
(Ord. 763 § 1, 1995; Ord. 1126, 1/24/2023)
Local vendors are granted a two percent differential in lieu
of sales and transactions tax loss for the purchase of materials,
supplies, equipment and personal property. Prices, fitness, quality,
delivery and service being equal, preference will be given to the
local vendor, in the purchase of supplies and equipment, as provided
for in a purchasing policy adopted by the city council by resolution.
Local vendor preference shall not be granted for contracts involving
public works, personal, professional, and consultant services, or
as otherwise prohibited by law. For the purposes of this section,
"local vendor" means a business having its principal place of operation
within the jurisdictional boundaries of the city and a valid business
license. For purposes of this chapter, when the city considers a local
vendor's bid in connection with the purchase of supplies and equipment,
the local vendor's bid shall be the bid amount after the applicable
percent differential is applied.
(Ord. 773 § 1, 1995; Ord. 980 § 4, 2011; Ord. 1076 § 2, 2018)
The city manager is authorized to contract for personal, professional
and consulting services when the amount of the contract does not exceed
the city manager's signing authority and unencumbered amounts
sufficient to cover the contract cost exist in the department which
the expense is to be charged to.
(Ord. 763 § 1, 1995; Ord. 856 § 3, 2001; Ord. 1126, 1/24/2023)
A. The City shall have the authority to negotiate trade-ins on new supplies
and equipment for supplies or equipment which cannot be used by any
department or which have become unsuitable for city use.
B. Surplus supplies and equipment which cannot be used by any department
or which have become unsuitable for city use may be disposed of by
auction or sale or otherwise after receiving bids or proposals which,
in the determination of the city manager, provide the best and most
responsible return to the city.
(Ord. 763 § 1, 1995; Ord. 1126, 1/24/2023)