A purchasing system is adopted in order to establish efficient
procedures for the purchase of supplies, equipment and services; to
secure for the city supplies, equipment and services at competitive
costs commensurate with quality needed and with due consideration
to disposability; to exercise positive financial control over purchases;
to clearly define authority for the purchasing function; to ensure
the quality of purchases; and to buy without favor or prejudice. No
contract entered into in contravention or violation of this chapter
shall be enforceable against the city.
(Code 1980, § 3.08.010; Ord. No. 328B, § 2, 1998)
As used in this chapter, the following words and terms are defined
as follows unless the context indicates that a different meaning is
intended:
means any department, agency or other unit of city government
which derives its support wholly or in part from the city.
means a result intended in the acquisition of all goods and
services based on consideration of total cost of ownership, life-cycle
costs, human health, product quality, product performance and contractor
quality of service. The term "best value" means a value determined
by objective criteria related to price, features, functions, and life-cycle
costs.
means a product composed in whole or in significant part
of biological products, forestry materials or renewable domestic agricultural
materials, including plant, animal or marine materials, generally
safer for the environment than petroleum-based counterparts, and usually
biodegradable or recyclable.
means the process by which products are disposed of, or recycled,
after their term of useful service expires.
means a product or service that has a lesser or reduced effect
on human health and the environment when compared with competing products
or services that serve the same purpose and that has characteristics
that include, but are not limited to: derived from renewable energy
sources, bio-based, readily biodegradable, readily compostable, high-recycled
content, post-consumer material, low toxicity, reduced pollution and
greenhouse gas emissions, recyclable, repairable, long-lasting, energy-or
water-resource efficient and reusable. The comparison with competing
products or services that serve the same purpose may consider raw
materials acquisition, production, manufacturing, packaging, distribution,
reuse, operation, maintenance, delivery and/or disposal of the product.
means the comprehensive accounting of the total cost of a
product, including procurement costs, initial costs, energy and operational
costs, maintenance costs, longevity of service and disposal costs.
means a person, firm, partnership or corporation considered
to be a point of sale within the city pursuant to the Constitution
and laws of the state.
means the person, firm, partnership or corporation submitting
the lowest price for the supplies, materials, equipment or services
which meet or exceed the specifications, delivery terms and conditions
and other requirements included in the invitation to bid.
means a low amount of toxic chemicals used in making a product,
including products made with low volatile organic compounds or devoid
of carcinogens, reproductive toxins, bioaccumulative toxins or asthma-causing
substances.
means a finished material that would normally be disposed
of as a solid waste, having reached its intended end-use and completed
its life cycle as a consumer item. The term "post-consumer material"
does not include manufacturing or converting wastes.
means, in the city's sole discretion, sufficient in performance
and available at a reasonable price, within a reasonable time, based
on a life-cycle cost assessment that considers initial cost and expected
replacement, operation, maintenance and end-of-life management costs.
means the services of attorneys, physicians, architects,
engineers, auditors, specialized printers, or other individuals or
organizations possessing a high degree of professional, unique, specialized
or technical skill or expertise, not adaptable to competitive bidding,
or where the service involves a contract for special activities, negotiations
for the acquisition of land, trash services, insurance, bonds or other
service of a similar nature to the above, engaged for a particular
project or series of projects.
means purchases of supplies, equipment, services and personal
property and shall not include real property leases, rentals or purchases.
means the official designated by the city manager for administration
and/or enforcement of this chapter.
means such limits which shall be those amounts which determine
purchase procedures. Such purchase limits shall be established by
a resolution of the city council.
means products manufactured with waste material that has
been recovered or diverted from the waste stream. Recycled content
products may be derived from post-consumer waste, industrial scrap,
manufacturing waste and/or other waste that otherwise would not have
been utilized.
means fragments of finished products or finished products
of a manufacturing process that has converted a resource into a commodity
of real economic value and includes post-consumer material, but does
not include excess virgin resources from the manufacturing process.
means any and all services, including, but not limited to, equipment service contracts. The term "services" does not include services rendered by city officers or employees, nor professional services for which the procedure for procurement is specifically provided by law or approved city procedures which are in their nature unique and not subject to competitive bidding. The term "services" does not include public works projects (see section 3.08.110 regarding bidding for public works).
means any and all articles, things or personal property furnished
to, or used by, any city department.
means programs or policies whereby equipment can be returned
to a manufacturer, distributor or recycler at the end of its useful
life.
means the real cost for a product, encompassing materials,
installation, maintenance, anticipated repairs, necessary monitoring
and end-of-life management.
(Code 1980, § 3.08.020; Ord. No. 328B, § 2, 1998; Ord. No. 870 (Recodification), 2014)
There is created a purchasing division within the city which
is vested with the authority for the centralized purchase of supplies,
equipment and services.
(Code 1980, § 3.08.030; Ord. No. 328B, § 2, 1998)
The purchasing manager may delegate the duties of that position
to subordinate employees. The purchasing manager shall direct and
supervise the city's purchasing program. The purchasing manager shall
endeavor to obtain as full and open a competition as possible on all
purchases. The purchasing manager shall establish methods and procedures
for the efficient and economical functioning of the purchasing program.
(Code 1980, § 3.08.040; Ord. No. 328B, § 2, 1998)
The purchasing manager shall have the authority to:
A.
Purchase
or contract for supplies, materials, equipment and services required
by a using department in accordance with the purchasing procedures
prescribed by this chapter;
B.
Enter
into any contract permitted by law, including, but not limited to,
equipment service contracts, lease purchase agreements, agreements
for services and professional services, and rental agreements subject
to any restrictions set forth in this chapter or specifically provided
by law;
C.
Maintain
when feasible full and open competition among bidders on all purchases;
D.
Prepare,
recommend and implement rules governing the purchasing of supplies,
equipment and services for the city and recommend revisions and amendments
where applicable;
E.
Keep
informed of current developments in the field of purchasing, prices,
market conditions and new products;
F.
Prescribe
and maintain such forms as are reasonably necessary to the operation
of this chapter and other rules and regulations;
G.
Recommend
the transfer of surplus or unused supplies and equipment between departments
as needed and the sale of all supplies and equipment which cannot
be used by any department or which become unsuitable for city use;
H.
Maintain
a vendor's list, vendor's catalog file and records needed for the
efficient operation of the purchasing division;
I.
Manage
and supervise the city central warehousing facility;
J.
Purchase
or contract for supplies, materials, equipment and services that offer
the best value to the city based on total cost of ownership and taking
into consideration the quality, performance and owner-ship costs of
the supplies, materials, equipment and services, including, but not
limited to, costs of acquisition, extended warranties, operation,
including energy and water consumption, supplies, maintenance, hazardous
materials training and other labor, end-of-life management costs and
options and the expected lifetime compared to other alternatives;
K.
Include,
as appropriate, a requirement for environmentally preferable products
or services in bid specifications and contracts for supplies, materials,
equipment and services;
L.
Prepare,
recommend and implement guidelines for the purchasing of environmentally
preferable products or services for the city, including, but not limited
to, the purchasing of appliances, batteries, electronic equipment,
fleet maintenance products, janitorial and other building maintenance
products, landscaping and grounds maintenance products, lighting equipment,
office supplies, and furniture, packing and storage supplies, motor
oil and other lubricants, paint, park playground equipment and road
paving materials, and recommend revisions and amendments where applicable.
(Code 1980, § 3.08.050; Ord. No. 328B, § 2, 1998; Ord. No. 870 (Recodification), 2014)
All departments shall submit requests to the purchasing manager
by standard requisition form or by other means as may be established
by purchasing procedures for the supplies, materials, equipment and
services as required for their operations and purposes and within
the limits of funds appropriated therefor. The purchasing manager,
after reviewing any such requisitions, may question its propriety
and may require from the head of the requesting department a justification
of the quantity or quality requisitioned.
(Code 1980, § 3.08.060; Ord. No. 328B, § 2, 1998)
A.
Purchasing by bid process. Purchasing of supplies and equipment shall be by bid process pursuant to sections 3.08.080 and 3.08.090. However, bidding may be dispensed with upon adequate, specific documentation when one of the following conditions exists:
1.
When,
in the view of the city manager or the person acting in that capacity,
an emergency requires that an order be placed with the nearest available
source of supply;
2.
When
the amount involved is less than the open market amount established
by resolution of the city council;
3.
When
the commodity can be obtained from only one vendor. A commodity shall
be considered obtainable only from one vendor when only one vendor
offers it for sale, lease or rental, or when only one vendor is able
to do so within the time frame and/or under the terms and conditions
which reasonably meet the needs of the using agency, or when there
is a sole distributor or manufacturer of a product or service such
that there is no acceptable substitute within a specific geographical
area;
4.
When
there is to be a contract for professional services. Contracting for
professional services may be conducted with or without a request for
a proposal/qualification procedure. Awards of professional services
contracts shall be made by the purchasing manager upon the request
of the city manager or department director when the same have been
budgeted and for which sufficient funds have been appropriated. Awards
of professional service contracts that exceed the dollar amount for
approval by the city manager shall be subject to approval of the city
council;
5.
When,
through cooperative purchasing with the state, the county, or other
public agencies, the advantage of large-scale buying may be obtained;
6.
When
the purchase is beneficial to the interest of the city and is from
a supplier who has been awarded a specific item or items in a contract
resulting from a formal competitive bid process by another governmental
agency within the state or by the federal government within the previous
365 days (one year);
7.
When
purchasing from or selling to another governmental agency utilizing
purchasing agreements maintained by said governmental agency when
such action is beneficial to the interests of the city;
8.
When
the city council determines by resolution it would be in the best
interest of the city to dispense with bidding; provided, however,
that the city council shall state the basis of its determination;
9.
When
there is a breakdown in essential machinery, essential services, or
when unforeseen circumstances arise, including delays by contractors,
delays in transportation, and unanticipated volume of work which requires
the immediate attention of a professional or immediate service/repair
in order to protect public health, safety or welfare.
B.
Additional
requirements and prohibitions.
1.
Notwithstanding
any other term or provision hereof, no contract shall be awarded to
any person, firm, partnership or corporation that does not have a
city business license when required to possess the same pursuant to
any provision of this code.
2.
No
person shall be interested personally in any contract made hereunder
(see Government Code section 1090 et seq.) or violative of the conflict
of interest provisions of the city and/or the Political Reform Act,
Government Code section 87100 et seq.
3.
Contracts
for services and public works projects less than the minimum amounts
for public works bidding (see Public Contract Code section 20160 et
seq.) may require the payment of prevailing wages pursuant to the
Labor Code.
4.
Bid
splitting. It is unlawful to split or separate into smaller units,
quantities, work orders, or projects any purchase of supplies, equipment
or services for the purpose of evading the provisions of this chapter
pertaining to the purchase of supplies, equipment or services.
C.
Every
person who willfully violates this section is guilty of a misdemeanor.
(Code 1980, § 3.08.070; Ord. No. 328B, § 2, 1998; Ord. No. 870 (Recodification), 2014; Ord. No. 910 § 2, 2017)
Except as otherwise provided in this chapter, purchases of supplies,
equipment or services of an individual estimated value greater than
the established formal bid procedure amount shall be by written contract
with the lowest or highest responsible bidder or the bidder who provides
goods or services at the best value, as the case may be, pursuant
to the procedures prescribed in this section.
A.
Notice
inviting bids. Notices inviting bids shall include a general description
of the articles to be purchased or sold, shall state where specifications
may be obtained, and the date, time and location of when bids are
due and will open.
1.
Posted
notices. Notices inviting bids shall be published at least ten days
before the date of the bid opening on the city's website. Notices
inviting bids, requests for proposals, or requests for qualifications
for professional services may be posted, as available, during the
solicitation process, if applicable
2.
Bidder's
list. The purchasing manager shall also solicit bids from responsible
prospective suppliers whose names are on the bidder's list in accordance
to the commodity or service category the prospective supplier has
specified.
B.
Bidder's
security. When deemed necessary by the purchasing manager, bidder's
security may be prescribed in the public notice inviting bids. Bidders
shall be entitled to return of bid security; provided, however, that
a successful bidder shall forfeit the bid security upon refusal or
failure to execute the contract within ten days after the notice of
award of the contract has been mailed unless, in the latter event,
the city is solely responsible for the delay in executing the contract.
The city may, on refusal or failure of the successful bidder to execute
the contract, award it to the next lowest responsible bidder or the
bidder who provides goods or services at the next best value, with
the bidder's security being applied to the amount of the contract
price differential between the lowest bid and the second lowest bid,
and the contract price differential, if any between the bidder who
provides goods or services at the best value and the bidder who provides
goods or services at the next best value, with the surplus, if any,
returned to the lowest bidder or the bidder who provides goods and
services at the best value. If the city rejects the remaining bids
presented and re-advertises, the amount of the lowest bidder's security
or the security of the bidder who provides goods and services at the
best value, may be used to offset the cost of receiving new bids and
the surplus, if any, shall be returned to the lowest bidder or the
bidder who provides goods and services at the best value.
C.
Bid
and proposal submission. Sealed bids shall be submitted to the purchasing
agent and shall be identified as a bid on the envelope. Alternatively,
bids and proposal submissions may be submitted electronically through
the electronic bidding system that the city's purchasing divisions
utilizes, unless the purchasing manager determines otherwise. Electronic
bid and proposal submittals shall be to the purchasing agent in accordance
with policies and procedures adopted by the city council for submission
of electronic bids that ensure the identification, security and confidentiality
of electronic bids. Sealed and electronic bid and proposal responses
and associated documentation will be on file in the city's purchasing
division and shall be opened in public at the time and place stated
in the public notice. The functionality of the electronic bidding
system ensures that bid and proposal submissions remain unopened until
the closing date and time of said submissions and that said submissions
cannot be viewed by the public or city staff until the closing date
and time. A tabulation of all bids received shall be available for
public inspection during regular business hours after the bid opening.
D.
Rejection
of bids. The city may reject any and all bids presented, re-advertise
for bids or award a contract after negotiation for the most reasonable
cost under existing conditions. The right to reject any and/or all
bids is expressly reserved to the city and said decision shall be
final.
E.
Determination
of lowest responsible bidder.
1.
Upon
opening and tabulation of all bids received to determine the low bidder,
the purchasing manager shall thereafter determine the lowest responsible
bidder by applying the following criteria:
a.
For purposes of determining the lowest responsible bidder, there
shall be deducted from the bid submitted by a local bidder all sales
taxes which will be apportioned to and received by the city;
b.
The ability, capacity and skill of the bidder to provide the service
or commodity required and to comply with all specified requirements
in the bid document;
c.
The bidder's record of performance of previous contracts or services;
previous failure to perform to city requirements may disqualify the
bidder;
d.
The ability of the bidder to provide future maintenance and service
for the use of the subject of the contract.
2.
Whenever
the purchasing manager determines that a bidder is not responsible
pursuant to this section and the specifications of the notice inviting
bids, the purchasing manager shall notify the bidder of said determination,
in writing. The bidder may, within ten days after notice is given
by the purchasing manager, appeal such determination to the city manager
who shall conduct a public hearing to determine whether or not the
bidder is a responsible bidder. The decision of the city manager shall
be final.
F.
Determination
of bidder providing best value. Upon opening and tabulation of all
bids received to determine the bidder providing goods and services
at best value, the purchasing manager shall thereafter determine the
bidder providing best value by applying the following criteria:
G.
Award
of contracts. Except as otherwise provided in this chapter, contracts
for supplies, equipment or services of a value requiring formal bid
procedures shall be awarded to either the lowest responsible bidder
or the bidder providing goods and services at the best value. The
purchasing manager shall have the authority to award contracts, including
capital outlay items, which have been budgeted and for which there
are sufficient funds appropriated. Contracts which exceed the appropriated
amount, or which are not budgeted, shall not be awarded, except upon
approval of the city council.
H.
Tie
bids. If two or more bids received are for the same total amount or
unit price, quality and service being equal or are of equal best values,
the city may, in its discretion, accept either bid submitted.
I.
Performance
security. A performance bond, certificate of deposit or cash may be
required before entering into a contract, in such amount as is deemed
reasonably necessary to protect the interests of the city. If performance
security is required, the acceptable type and amount thereof shall
be described in the notice inviting bids and, if a bond, the form
of the bond shall be as determined by the city attorney.
(Code 1980, § 3.08.080; Ord. No. 328B, § 2, 1998; Ord. No. 853, § 1, 5-16-2012; Ord. No. 870 (Recodification),
2014; Ord. No. 910 § 3,
2017)
Purchases of supplies, equipment and services of a value established by resolution requiring informal bid procedures shall be made by the purchasing manager by the informal bid process pursuant to the procedure prescribed in this section and without observing the procedure described in section 3.08.080.
A.
Minimum
number of bids. Informal bid purchases shall, whenever possible, be
based on at least three bids and shall be awarded to the lowest responsible
bidder.
B.
Solicitation
of informal bids. The purchasing manager shall solicit informal bids
by written requests to prospective vendors, via fax machine, by telephone,
electronically or by any other means deemed effective.
C.
Informal
bids. Informal bids shall be submitted, in writing, to the purchasing
manager, who shall keep a record of all such bids open to public inspection
after the submission of bids or the placing of an order.
D.
Submittal
of informal bids. The purchasing manager shall establish lists, by
category or type, of persons, firms, partnerships or corporations
capable of and willing to submit bids for goods, services or supplies
and shall invite submittals for placement on said lists. When requesting
the submittal of informal bids, it shall be the duty of the purchasing
manager to rotate the names of interested persons, firms, partnerships
or corporations so as to maximize the number of potential bidders.
Any bid submitted in a timely fashion during an informal bid procedure
shall be considered even if no notice was previously provided to the
bidder. The purchasing manager shall, further, post a list of goods,
services and supplies proposed to be purchased so as to permit interested
parties to bid thereon. Said posting shall comply with any and all
applicable rules pertaining to posting, as adopted by the city council.
(Code 1980, §3.08.090; Ord. No. 328B, § 2, 1998; Ord. No. 870 (Recodification), 2014)
The purchasing manager may procure goods, services and supplies
for the city without resort to either the formal bid or informal bid
procedures with regard to purchases in amounts within the open market
procedure limits, as established by resolution. The purchasing manager
shall maintain lists of providers capable of supplying such goods,
services and supplies and shall rotate the use thereof.
(Code 1980, § 3.08.100; Ord. No. 328B, § 2, 1998)
A.
Public
projects, as defined by the Public Contract Code section 22002 shall
be bid, advertised, and awarded in accordance with the California
Uniform Public Construction Cost Accounting Act (UPCCAA), as it may
be amended from time to time.
B.
Contracts
for public projects shall be awarded pursuant to the dollar limitations
established by UPCCAA, which as of the effective date of this section
are as follows:
1.
Public
projects of $45,000.00 or less may be performed by city employees
by force account, by negotiated contract, or by purchase order.
2.
Public
projects of $175,000.00 or less may be let to contract by informal
bidding procedures as set forth in this section.
3.
Public
projects of more than $175,000.00 shall, except as otherwise provided
in this chapter, be let to contract by formal bidding procedure.
C.
Public
projects shall not be split or separated into smaller work orders
for the purpose of evading the requirements of the UPCCAA.
D.
Contractors
list. The city shall comply with the requirements of Public Contract
Code section 22034.
E.
Informal
Bidding. Public projects eligible for informal bidding under the UPCCAA
may be let to contract as follows:
1.
A
notice inviting informal bids shall be circulated using one or both
of the following alternatives:
a.
Notices inviting informal bids may be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection C of this section.
b.
Notices inviting informal bids may be mailed to all construction
trade journals as specified by the California Uniform Construction
Cost Accounting Commission in accordance with section 22036 of the
Public Contract Code. Additional contractors and/or construction trade
journals may be notified at the discretion of the city; provided however,
if the product or service is proprietary in nature such that it can
be obtained only from a certain contractor or contractors, the notice
inviting informal bids may be sent exclusively to such contractor
or contractors.
2.
The
city manager or designee is authorized to award contracts at or below
the dollar limitation applicable to informal bidding.
3.
If
all bids received through the informal bidding process exceed $175,000.00,
the city council of the public agency may, by adoption of a resolution
by a four-fifths vote, award the contract at $187,500.00 or less to
the lowest responsible bidder, if it determines the cost estimate
of the public agency was reasonable.
F.
Formal
bidding. Bidding on all public projects subject to formal bidding,
shall done in accordance with the procedures set forth in Public Contracts
Code section 22037 et seq.
G.
Delegation
of Design Approval Authority. The city manager, public works director,
city engineer, or their designees are authorized to approve plans
or designs for public projects for purposes of design immunity pursuant
to Government Code Section 830.6. Nothing in this section is intended
to, nor will it, preclude the city council from separately or additionally
approving plans or designs for purposes of design immunity pursuant
to Government Code Section 830.6.
(Code 1980, § 3.08.110; Ord. No. 328B, § 2, 1998; Ord. No. 870 (Recodification), 2014; Ord. No. 910 § 4, 2017; Ord. No. 1025, 4/3/2024)
The purchasing agent, or such person as may be appointed by
the purchasing manager, may inspect the supplies and equipment delivered
to determine their conformance with the specifications set forth in
the order. The purchasing manager shall have authority to require
chemical or physical tests of samples submitted with bids and samples
or deliveries which are necessary to determine their quality and conformance
with the specifications.
(Code 1980, § 3.08.120; Ord. No. 328B, § 2, 1998)
The purchasing manager may, in place of formal bidding procedures,
institute procurement by a process of sealed proposals and competitive
negotiation, if a proposed purchase involves goods, equipment or products
of a unique and complex design and/or must be manufactured or assembled
to the particular needs of the city. The city manager or designee
must approve of such purchasing procedure and purchases.
(Code 1980, § 3.08.130; Ord. No. 328B, § 2, 1998)
In discretionary approvals related to engineering and planning,
if a professional services agreement is required for which the city
is to be reimbursed, the city will select the consultant.
(Code 1980, § 3.08.140; Ord. No. 328B, § 2, 1998)
All using departments shall submit to the purchasing manager,
at such times and on such forms as the purchasing agent shall prescribe,
reports showing all supplies and equipment which are no longer used
or which have become obsolete or worn out. The purchasing manager
shall have authority to exchange for or trade in on new supplies and
equipment all supplies and equipment which have become unsuitable
for city use.
A.
Such
items so declared to be surplus shall be offered for sale on a competitive
bid basis. Bids may be solicited by written request, telephone, fax
machine, by public auction, by use of an auction service by advertisement
in any newspaper or magazine, or by any combination of such methods.
B.
When,
after a reasonable effort has been made to obtain competitive bids,
no offers are received for any item of city-owned personal property
so declared to be surplus, the purchasing manager is authorized to
dispose of such item for the highest scrap value that can be obtained
therefor and if a reasonable effort to do so produces no opportunity
to sell the same for scrap, the purchasing manager may cause its destruction
or any other disposition thereof.
C.
The
city may sell obsolete or surplus property to any other governmental
agency at an established fair market value without other bids.
D.
The
city may donate surplus personal property to any agency or entity
which is exempt from federal income tax, with the approval of the
city council.
(Code 1980, § 3.08.150; Ord. No. 328B, § 2, 1998)
The purpose of the provisions of this section are to promote
the procurement of environmentally preferable products or services
throughout all city departments in order to foster the practice of
responsible purchasing choices that reduce impacts on the public health
and environment and support markets for environmentally preferable
products or services.
A.
If fitness
and quality are equal, and to the extent that such use does not negatively
impact health, safety or operational efficiency, all city departments
shall procure environmentally preferable products or services, including
recycled content products, whenever:
1.
Environmentally
preferable products or services are available at the same or lesser
total cost than competing products or services that serve the same
purpose;
2.
Product
or service specific procurement guidelines have been prepared for
the product or service; or
3.
The
life-cycle cost of the product or service is determined to be less
when taking into consideration quality, performance and ownership
costs of the product or service, including, but not limited to, costs
of acquisition, extended warranties, operation, including energy and
water consumption, supplies, maintenance, hazardous materials training
and other labor, end-of-life management costs and options and the
expected lifetime compared to other alternatives.
B.
All
city departments, whenever practicable, or when specific procurement
guidelines have been developed, shall designate environmentally preferable
products or services when procuring products or services from contractors
or consultants and, if applicable, shall require contractors or consultants
to specify the minimum percentage of recycled content in the products
offered, both post-consumer material and secondary material.
C.
All
city departments shall require the use of recycled paper with a minimum
of 30 percent postconsumer material on all outside print jobs, wherever
practicable.
D.
To support
environmentally friendly business practices, all city departments
shall make an effort to procure goods and services from contractors
or consultants that use environmentally friendly business practices
and/or contractors or consultants that demonstrate a high level of
environmental and social responsibility by:
1.
Offering
free or low-cost product take-back services for their products to
ensure that these items are reused and/or safely managed at the end
of their useful life;
2.
Disclosing
any hazardous materials contained in their products;
3.
Assisting
the city in documenting, monitoring and reporting the climate and
other environmental benefits of the products they sell to the city;
or
4.
Instituting
any other procedures that help the city to fully implement the provisions
of this section.
E.
All
city departments shall require outside contractors and consultants
to use environmentally preferable products or services in the performance
of services for the city, wherever practicable.
(Code 1980, § 3.08.160; Ord. No. 328B, § 2, 1998; Ord. No. 870 (Recodification), 2014)
It is unlawful for any person, firm, partnership or corporation to violate or to fail to comply with section 3.08.070(B)(4), as adopted by the ordinance codified in this chapter. Any person, firm, partnership or corporation violating or failing to comply with section 3.08.070(B)(4) shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of section 3.08.070(B)(4) is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.
(Code 1980, § 3.08.170; Ord. No. 328B, § 4, 1998; Ord. No. 870 (Recodification), 2014)
A.
Nothing
in this chapter shall prohibit the city from using specialized contracting
procedures when authorized by state law. If state law authorizes such
procedures, this chapter need not also specifically authorize them.
Such specialized procedures may include, without limitation, prequalification
of contractors or subcontractors and design-build contracting procedures.
B.
The
city manager is authorized to determine whether or not the needs of
any particular project warrant the use of legally available specialized
contracting procedures, or to delegate that determination to other
city staff.
C.
The
city manager is authorized to adopt and enforce all policies and procedures
necessary to effectively utilize any specialized contracting procedures
authorized by state law. All such policies and procedures shall be
written and available for review in the office of the city clerk.
D.
Where
required by applicable state law, the policies and procedures shall
provide for a process to appeal an administrative decision. Failure
to file a timely appeal shall constitute a waiver of any and all rights
to challenge the administrative decision whether by administrative
process, judicial process or any other legal process or proceeding.
E.
Notwithstanding
any other provision of this chapter, the community services director,
or designee, is authorized to execute, and take any other action necessary
to enter into, contracts for the provision of professional entertainment
services to the city, without complying with any other provision of
this chapter. Unless approved in writing by the city manager, the
total amount of any such contract shall be less than that amount otherwise
requiring compliance with formal bid procedures pursuant to this chapter.
Any contract entered into pursuant to this provision shall be in writing.
(Code 1980, § 3.08.180; Ord. No. 708, § 1, 2003; Ord. No. 753, § 1, 2005)
