A.
Whenever
bids are called for as required by the charter, or specifically required
by the council, the following procedures shall be used:
1.
Requests
for the construction, improvements, repair or maintenance of public
works requiring bids shall be initiated by the division responsible
for the project. Plans, specifications and contracts for such projects
shall be prepared by the originating division and forwarded to the
city manager for presentation to the city council. Upon approval and
adoption thereof by the city council, notice thereof shall be published
twice in the city's official newspaper, the first publication shall
be at least 10 days before the time for opening bids. Sealed bids
will be received at the office of the city clerk up to the time and
date as specified in the request for bids, and such bids will be opened
publicly at or about the specified time of such day in the council
chamber of the city hall. The purchasing administrator and the head
of the division, or his/her designate, which initiated the call for
bids shall be present in the council chambers at the hour designated
for the opening of bids if it is reasonably convenient for them to
do so. At the time designated for the opening of bids, the city clerk
shall publicly open, examine and declare the bids received; provided,
that they shall defer such opening until at least one of the officers
or employees designated for attendance at the opening of bids is present.
The city clerk shall record the names of the officers or employees
designated to attend the opening of bids and who are present at the
opening of said bids. The city clerk shall record the bids received.
2.
Immediately
after opening the bids, one copy of each bid received shall be filed
with the city clerk. The remaining copies of the bids shall be delivered
to the head of the division who initiated the call for bids. Such
division head shall render a written report to the city manager on
the bids received and a recommendation thereon. The city manager shall
report to the council at its next regular meeting together with any
additional recommendations.
3.
Requests
for supplies, material, labor or other valuable consideration, requiring
bids, shall be made by requisition, detailing the specifications for
the goods or services required and forwarded to the purchasing office.
Requisitions for similar goods from various divisions shall be combined
into one competitive bid by the purchasing administrator. Bids for
these items shall be advertised by mailing copies to interested vendors
or contractors on the bidders' list maintained in the purchasing office
and by publicly posting the same in the reception area of the purchasing
office and by any additional means determined by the purchasing administrator.
Such mailing and posting shall be made at least 10 days before the
time for opening bids. The notice calling for these bids shall provide
that sealed bids will be received at the purchasing office at a time
and date designated in each bid. The purchasing administrator will
publicly open these bids in the purchasing office at the time designated.
After opening and recording the bids, the purchasing administrator
shall consult with the requesting division for its recommendation.
After reviewing the recommendation and bids, the purchasing administrator
shall transmit a report, including written recommendation, to the
city manager on the bids received. This recommendation will include
references from the requesting division as to the acceptability of
the recommended vendor and goods in meeting the division's needs.
Upon approval by the city manager and certification by the director
of finance and administrative services as to proper funding, the purchasing
administrator shall execute and forward a copy of the contract or
purchase order to the successful bidder. Copies of these contracts
or purchase orders shall be on file in the purchasing office, the
finance and administrative services division and the requesting division's
offices.
B.
The
provisions of this section shall not apply to bids received in connection
with work performed under the Improvement Acts in the Streets and
Highway Code or any other state law which does not authorize such
procedure, nor shall they apply to bids received in connection with
the sale of bonds by the city. "City clerk," "director of finance
and administrative services," and "purchasing administrator" mean
and include any person or persons properly designated and authorized
to act on their behalf.
(Prior code § 5-12; Ord. 5021 § 1, 1993)
Whenever bids are called for as required by the Improvement
Acts in the Streets and Highways Code of the state of California,
the notice inviting bids shall state that sealed bids will be received
at the office of the city clerk until two p.m. (2:00 P.M.) on a specified
Wednesday; and, that bids will be opened, examined and declared by
the city clerk at a public meeting which the city clerk has called
for the purpose to be held in the council chamber of the city hall
at two p.m. (2:00 P.M.) on such day. The city clerk shall report the
results of the bidding, together with the director of public work's
recommendation thereon to the council at its next regular meeting
after the opening of bids.
(Prior code § 5-13)
After the council has awarded a contract to the lowest responsible
bidder or has approved an appropriation which will culminate in the
renewal of a contract, the contract and bonds, if any, shall be prepared
and submitted to the contractor for execution. When the contract and
bonds have been executed by the contractor and approved as to form
by the city attorney, the city manager is authorized to execute such
contract on behalf of the city.
(Prior code § 5-14)
Whenever materials or services are to be procured and the aggregate
cost to the city is to be such that competitive bidding is not required
by law and funds have been appropriated and remain unexpended to which
such procurement may properly be charged, a contract providing for
such procurement, duly executed by the supplier and accompanied by
such sureties as may be required by law, approved as to form by the
city attorney, may be executed by the city manager on behalf of the
city.
(Prior code § 5-14.1)
Before becoming effective, contracts under which money shall
or may become payable during the then current fiscal year must be
certified by the director of finance and administrative services.
The director of finance and administrative services shall not affix
his or her certificate until he or she has ascertained that the bonds
are furnished by a responsible corporate surety authorized to do business
in the state.
(Prior code § 5-15)
The director of public works, rather than the city manager,
shall execute contracts for work under the Improvement Acts in the
Streets and Highways Code of the state of California, after the award
thereof by the council.
(Prior code § 5-16)
A.
Pursuant to Article VI, Section 9 of the charter, contracts for labor, material, supplies or services or for the construction, improvement, repair, maintenance of public works involving the expenditure of an amount not exceeding $50,000, shall not be subject to the competitive bidding process required by the charter and other provisions of this code, except as set forth below.
B.
Contracts
for labor, material, supplies or services or for the construction,
improvement, repair, maintenance of public works involving an expenditure
of an amount not exceeding $50,000 shall be awarded using the following
procedure:
1.
The
purchasing administrator, whenever feasible and appropriate, shall
endeavor to consolidate requests for similar types of goods and services
received from different departments into one bid and regularly mail
the requests for bid to vendors and contractors on the bid list. If
the cost of the goods and services involves an expenditure of $5,000
or less, bids may be solicited and received orally, by letter, or
by written bid. The purchasing administrator may authorize verbal
quotations for goods costing between $5,000 and $50,000 upon the request
of the using executive or whenever the purchasing administrator finds
it to be in the city's best interest.
2.
To
the maximum extent feasible, at least five qualified vendors shall
be solicited for expenditures over $15,000. The requesting department
shall advise the purchasing administrator of any prospective vendors.
3.
Written
requests for bids or quotations shall be issued to prospective vendors
and to anyone requesting copies. The written requests shall also be
posted on the city's website and placed on the public counter. The
qualifications of bidders shall be established after the bids are
received and opened by the city.
4.
These
competitive bids shall be opened and read publicly by the purchasing
administrator or his or her representative at the time and place designated
in the request for bids, and the vendors and prices quoted shall be
recorded at that time on forms designated for that purpose.
5.
The
purchasing administrator may postpone or cancel the opening of the
bids either giving oral or written notice to proposed vendors when
he determines it will be in the best interests of the city.
6.
The
bids received are reviewed by the purchasing administrator or his
or her representative and the lowest responsible bidder offering goods
or services best meeting the needs of the city shall receive the award.
The purchasing administrator may consult with the using department
regarding the suitability of the goods or services offered before
awarding the order.
7.
If
no acceptable bids are received, the purchasing administrator may
reject any and all bids received and proceed to locate alternate sources,
specifications or methods to meet the needs of the using department.
8.
Bids
received for the construction, improvement, repair or maintenance
of public works costing no more than $50,000 shall be referred to
the requesting department for their recommendation. Upon receiving
their recommendation, the executive is authorized to approve the purchase.
The purchasing office, upon receiving the approved bid back from the
department, will process the bid in accordance with the procedures
set forth herein.
9.
The
purchasing administrator is authorized to approve purchases up to
$15,000. This dollar limit may be increased with the written authorization
and approval of the director of administrative services. The purchasing
administrator shall not issue any purchase orders exceeding his or
her authorized approval value without receiving the written or electronic
approval of the director of administrative services or his or her
representative.
(Ord. 5534 § 1, 2006)
A.
Subject
to the recommendation of the risk manager and the approval as to form
by the city attorney, the city manager is authorized to execute indemnity
agreements on behalf of the city under either of the following circumstances:
1.
An
indemnity agreement between the city and a public entity, private
organization, or person for the use of such public entity's, private
organization's, or person's property; provided, however, that any
such indemnity agreement shall be specifically limited to claims,
losses, damages, or injuries arising directly from the city's use
of such property and during the dates and hours of the use; or
2.
An
indemnity agreement between the city and either a public entity, private
organization, or private person where the contract value does not
exceed $50,000 and city council approval of the contract is not otherwise
required.
B.
Prior
to execution by the city manager, any such indemnity agreement shall
be approved by the risk manager and approved as to form by the city
attorney.
(Ord. 5542 § 1, 2006)
