The purpose of this chapter is to establish policies and procedures
for the purchase of supplies and equipment, contractual services agreements
and awarding of public project contracts, and to comply with Government
Code Sections 54201 through 54205 that require that cities adopt policies
and procedures governing the purchase of supplies and equipment.
(Ord. 3-11 § 2)
For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them by this section.
"Competitive bid" or "competitive bidding"
means an offer, or the process leading to an offer, submitted
pursuant to a public notice inviting suppliers to provide the city
with specified supplies or equipment; and which offers are submitted
as sealed bids.
"Contractual service agreement"
means an agreement for any service not performed by city
personnel, including the following:
1.
Telephone, gas, water, electric and other utility services;
2.
Towel, window washing and cleaning services;
3.
Banking, loaning, leasing and other financial services;
4.
The rental of equipment and facilities;
5.
The services of attorneys, physicians, architects, engineers,
consultants or other individuals or organizations possessing a high
degree of technical and professional skills;
6.
Insurance, maintenance agreements and other forms of guarantee;
7.
Labor and materials provided by individuals acting as independent
contractors or by organizations, unless provided as part of a public
project;
8.
Other items not considered supplies, equipment or public projects.
"Open market purchase"
means the purchase of supplies and equipment without the
need for soliciting sealed bids or awarding to the lowest bidder.
"Public project"
has the meaning ascribed to it in Section 20161 of the Public
Contract Code.
"Purchase"
means all obligations to disburse public funds for the acquisition
of supplies and equipment.
"Responsible bidder"
means a bidder who has furnished, when requested, information
and data to provide that his or her financial resources, production
or service facilities, service reputation and experience are adequate
to make satisfactory delivery of the supplies or equipment to satisfy
any provision of this chapter.
(Ord. 3-11 § 2)
The city council shall approve administrative policies sufficient
to carry out the intent of this chapter.
(Ord. 3-11 § 2)
All purchases shall be in keeping with policies adopted by the
city council through the general plan, annual budget, ordinances,
resolutions, administrative policies and minute orders. Furthermore,
except for the following exceptions, all purchases shall be made from
unencumbered appropriations. Accordingly, no open market purchases
shall be made, no notice of award shall be issued, no contract shall
be signed until the purchasing agent has determined that the unexpended
balance in the appropriation is sufficient to defray the amount of
such purchase or contract, or until provisions for modifying the appropriation
are made.
(Ord. 3-11 § 2)
It is unlawful for any officer or employee of the city to obligate
the city in any way for purchases by methods other than those prescribed
in this chapter. Any purchases, orders, commitments or obligations
to pay made contrary to the provisions of this chapter, or related
administrative policies adopted pursuant to this chapter, shall be
null and void.
(Ord. 3-11 § 2)
Purchases for supplies and equipment having an estimated value
of ten thousand dollars or less may be made in the open market. Procedures
governing the open market purchases of supplies and equipment shall
be included in the administrative policies adopted pursuant to this
chapter.
(Ord. 3-11 § 2)
Purchases of supplies and equipment shall be made in accordance with administrative policies adopted by the city council and Sections
2.08.050,
3.04.090 and
3.04.100 of this code.
(Ord. 07-18 § 1)
Unless an open market purchase is allowed under Section
3.04.070 purchases of supplies and equipment shall be from the lowest responsible bidder whose bid has been solicited, received and approved pursuant to the following procedure:
A. Bidding
Requirements—Exceptions. The bidding requirements set forth
in this chapter do not apply in the following situations:
1. When,
after advertising for bids as required in this chapter, no responsible
bids were received;
2. When,
upon a majority vote of the council, it is determined that it is in
the best interests of the city to suspend competitive bidding;
3. When
the desired supplies or equipment is produced and/or distributed by
only one individual or organization;
4. When
there is a public calamity, such as an extraordinary fire, flood,
storm, epidemic or other disaster, or it is necessary for emergency
work, the purchasing agent may declare the existence of such calamity
or emergency and in the public interest and necessity demand the immediate
expenditure of such money to safeguard life, health or property;
5. Where
cooperative purchasing agreements permit purchases through legal contracts
of other public agencies;
6. When
purchasing from another public agency;
7. When
maintaining, exchanging and/or upgrading components of existing equipment.
B. Invitation
of Bids.
1. The
notice inviting bids shall include the following statements:
a. A general description of the supplies or equipment to be purchased;
b. The location where bid forms and specifications may be secured;
c. The time and place for opening bids;
d. The type and character of the bidder's security required.
2. The
notice inviting bids shall be published at least once in a newspaper
of general circulation in the city; such notice to be published ten
days or more prior to the date set for bid opening.
C. Security
Required. Whenever, upon the call for bids for any purchase or contract,
the purchasing agent or the city council deems it advisable, each
bidder shall be required to submit with the bid as security, either
in cash, by cashier's check or by certified check in favor of and
payable at sight to the city of West Sacramento, or by surety bond,
an amount determined to be sufficient, but not to exceed ten percent
of the aggregate amount of the bid. If the bidder to whom the contract
is awarded fails or neglects, for ten calendar days after receipt
of such award, to enter into the contract or to timely deliver or
provide the desired supplies or equipment, the bid security shall
be forfeited and the purchasing agent shall draw the money due on
such bid security and pay the same, or any cash deposited, into the
city treasury. The bid security shall not be returned to the defaulting
bidder in such case until the city council approves the return thereof
in whole or in part. Unsuccessful bidders will receive their bid security
within thirty days unless the city council deems it necessary to keep
the bid security beyond the thirty days.
D. Opening
and Public Record. Written bids shall be submitted to the city clerk
in sealed envelopes. Bids shall be opened in public at the time and
place stated in the public notice. A tabulation of all bids received
shall be opened for public inspection during regular business hours
for a period not less than thirty calendar days after the bid opening.
E. Rejection
of Bids. The city council may reject any and all bids for any reason
whatsoever. When all bids are rejected, the council may authorize
any of the following:
1. Rewrite
bids using the same or amended specifications;
2. Direct
the purchasing agent to negotiate with bidders.
F. Award
of Bid.
1. The
award shall be given to the lowest responsible bidder except as otherwise
provided in this section. In addition to price in determining the
lowest responsible bidder, consideration shall be given to the quality
of the supplies or equipment.
2. The
purchasing agent may waive any informality or immaterial irregularity
in any bid.
3. The
bid of any bidder from within the city shall be computed by subtracting
from his or her bid the amount of sales tax that would be received
by the city for the project being bid.
4. If
two or more bids received from responsible bidders are equal in price
and quality, the purchasing agent may re-invite bids, choose one bid
over the other, or negotiate with the bidders to receive a low bid.
(Ord. 3-11 § 2)
The procedure for bidding and awarding construction contracts
on public projects shall be in accordance with
Public Contract Code
Section 20160 and following.
(Ord. 3-11 § 2)
Contractual services agreements shall be made in accordance with administrative policies adopted by the city council and Section
2.08.050 of this code.
(Ord. 3-11 § 2)