The purpose of this chapter is to establish efficient procedures for the purchase of supplies, materials, equipment, contractual services and construction work for both public projects as defined in the Public Contract Code or nonpublic projects for the City at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, and to clearly define the authority for the purchasing function.
(Ord. 427 § 1, 1995)
For the purposes of this chapter, certain words and phrases used herein are defined as follows:
"Contractual services"
means the rental, repair, or maintenance of equipment, machinery, and other City-owned personal property and other services of a like nature.
"Open market purchases"
means purchases made without prior newspaper advertising or Council action.
"Public project"
means any of the following:
1. 
Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
2. 
Painting or repainting of any publicly owned, leased or operated facility.
"Public project"
shall not mean any of the following:
1. 
Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
2. 
Minor repainting.
3. 
Resurfacing of streets and highways at less than one inch.
4. 
Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems.
"Purchasing Officer"
means the City Manager and/or the individual designated by the City Manager as Purchasing Officer.
"Supplies," "materials" and "equipment"
mean any and all articles or things which shall be furnished to or used by any department, or division thereof.
(Ord. 427 § 1, 1995)
Purchases of supplies, materials, equipment, contractual services, and public projects shall be made subject to such regulations as may be prescribed by resolution of the Council and to the provisions of the Public Contract Code.
(Ord. 427 § 1, 1995)
The City Manager shall be authorized to process for payment those claims against the City where a reasonable advance estimate of costs is not possible or for essential services of a recurring nature. Included, but not limited to this authorization, shall be such items as utility services for telephone, electricity, and gas, approved claims for liability under the City's insurance program, renewal premiums for authorized insurance policies, and all expenditures for the City's payroll and employee withholdings.
(Ord. 427 § 1, 1995)
The Purchasing Officer shall have the power and duty to purchase and contract for supplies, materials, equipment, and contractual services needed by any and all departments of the City.
(Ord. 427 § 1, 1995)
All using departments shall file with the Purchasing Officer detailed estimates of their requirements for supplies, materials, equipment, and contractual services in such manner, at such times, and for such future periods as the Purchasing Officer shall prescribe.
(Ord. 427 § 1, 1995)
Each department, or division thereof, shall utilize the form of requisition to be prescribed by the Purchasing Officer. No purchasing requisition shall be initiated unless the department has a sufficient unencumbered balance in excess of all unpaid obligations to defray the amount of such order.
(Ord. 427 § 1, 1995)
A. 
Purchases Up to $250.00. The small purchase order as prescribed by the Purchasing Officer may be used for purchases up to $100.00 by any employee authorized by their department head. Small purchase orders shall be valid up to $250.00 if signed by the Purchasing Officer or designated representative.
B. 
Purchases and Sales Up to $5,000.00. Purchases of supplies, materials, equipment or contractual services and all sales of personal property of the City which has become obsolete or unusable or for any other reason is to be disposed of, when the total expenditure of the same or the value of the personal property to be sold is $5,000.00 or less may be made by City departments in the open market. Insofar as it is practical, no less than three vendors shall be solicited to submit quotations. Award shall be made to the vendor offering the lowest acceptable quotation. The names of the vendors submitting quotations, the date and the amount of the quotation shall be recorded and maintained as a public record.
C. 
Purchases and Sales Up to $25,000.00. Purchases of supplies, materials, equipment or contractual services and all sales of personal property of the City which has become obsolete or unusable or for any other reason is to be disposed of, when the total expenditure of the same or the value of the personal property to be sold is greater than $5,000.00 and less than $25,000.00 may be made by the Purchasing Officer in the open market with the approval of the City Manager or designee through the informal bid process.
D. 
Soliciting Informal Bids. The Purchasing Officer shall serve the best interest of the City through soliciting informal bids by direct mail requests, checking prices by telephone inquiry, the comparison of prices on file, or by other appropriate means. Insofar as it is practical, no less than three vendors shall be solicited to submit quotations. Award shall be made to the vendor offering the lowest acceptable quotation. The Purchasing Officer shall keep a record of all open market purchases and sales and the informal bidding competition thereon, and such records shall be maintained as a public record.
E. 
Rejection of Informal Bids. The Purchasing Officer may reject any and all informal bids, offers or quotations when, in the Purchasing Officer's discretion, it shall be in the best interest of the City to do so.
F. 
Public Projects Informal Bidding Procedures. Public projects, as defined by the Uniform Public Construction Cost Accounting Act may be let to contract by informal procedures as set forth in Section 22000 et seq., of the Public Contract Code as the same now reads or as hereinafter amended as follows:
1. 
Public projects of $75,000.00 or less may be let to contract by informal procedures as set forth in Section 22000 et seq., of the Public Contract Code.
2. 
A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
3. 
Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this chapter, and 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 department soliciting bids; provided, however:
a. 
If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission; or
b. 
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.
4. 
The Purchasing Officer is authorized to award informal contracts pursuant to this chapter.
(Ord. 427 § 1, 1995)
A. 
Soliciting Bids—Notices. Purchases of supplies, materials, equipment, contractual services or construction of public projects and sales of personal property of the City which has become obsolete or unusable or for any other reason is to be disposed of, when the total expenditure or the value of the personal property to be sold exceeds the limits of Section 3.20.080(C) or (F) of the City of Live Oak Municipal Code as the same now reads or as hereinafter amended shall be made after the publication in a newspaper of general circulation within the City of two or more insertions of notices inviting bids therefor, the first publication of which shall be at least 10 days before the time for opening the bids.
B. 
Tabulating Bids. At the time specified in the notice inviting bids, such bids shall be opened publicly and declared. The Purchasing Officer or designee shall tabulate all bids received and shall present them to the Council which shall make the awards. A tabulation of all received shall be maintained for public inspection.
C. 
Rejection of Bids. The Council may reject any and all bids presented and may readvertise at its discretion.
D. 
Splitting Requisitions. No undertaking involving amounts in excess of the statutory limit set forth in subsection A of this section shall be split into parts by the department head issuing the requisition or by the Purchasing Officer so as to produce amounts less than the referenced statutory limits set forth herein for the purpose of avoiding the provisions of this section.
(Ord. 427 § 1, 1995)
When deemed necessary by the Purchasing Officer, bidder's security may be required. Bidders shall be entitled to the return of bid security; provided, however, a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute the contract within 10 days after the contract is awarded, unless the City is responsible for the delay. On the refusal or failure of the successful bidder to execute the contract, the bid may be awarded to the next lowest responsible bidder. If the contract is awarded 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.
(Ord. 427 § 1, 1995)
When deemed necessary by the Purchasing Officer, a performance bond may be required before entering into a contract in such amount as is reasonably necessary to protect the best interests of the City.
(Ord. 427 § 1, 1995)
Competitive bidding requirements for purchases and sales over the statutory limit set forth in Section 3.20.080 may be waived with the approval of the Council except when the estimated expenditure required for a public project as defined by Title 4, Division 3, Part 2, Chapter 6 of the Government Code of the State exceeds the statutory limit therein set forth and subject to the provisions and exceptions therein provided. The conditions authorizing waiver of the competitive bidding requirements may include, but not be limited to, cooperative purchasing or sales in conjunction with other governmental entities, professional services, annual service or supply agreements or purchases necessary for standardization on particular types of equipment.
(Ord. 427 § 1, 1995)
In the event an emergency shall arise which precludes action by the Council and which requires any purchase of supplies, materials, equipment, or contractual services, the Purchasing Officer is hereby authorized to secure in the open market at the lowest obtainable price any such supplies, materials, equipment or contractual services even though the amounts thereof shall exceed the statutory limits set forth in Section 3.20.080. In each such instance the Purchasing Officer shall submit to the Council in writing a full explanation of the circumstances of such emergency and a description of the supplies purchased which report shall become a part of the records of the next ensuing meeting of the Council and be open for public inspection.
(Ord. 427 § 1, 1995)
Upon ascertaining the price to be paid for any supplies, materials, equipment, or contractual services, the Purchasing Officer shall prepare a purchase order on a prescribed form.
(Ord. 427 § 1, 1995)
The Purchasing Officer shall forward the original purchase order to the vendor or contractor, retaining one copy for his or her numerical purchase order file. The Purchasing Officer shall likewise forward one copy of the purchase order to the Finance Department and one copy to the department for whose benefit the purchase is being made, such copy to be used as a receiving report.
(Ord. 427 § 1, 1995)
Upon the receipt by any department of supplies, materials and equipment, the department head shall be responsible for the making of a careful check of the quality, condition, and quantity received against the department head's copy of the purchase order and the packing lists. If all of the supplies, materials, and equipment referred to in the purchase order have been received, the department head shall sign the receiving copy of the purchase order, attaching thereto the packing lists, if any, and forward the same to the Finance Department. If a delivery represents only a partial delivery of the supplies, materials, and equipment, the department receiving the delivery shall properly fill out a partial receiving report for the items actually received and send the report to the Finance Department. Upon receiving the balance of the order, the department head shall sign the receiving copy of the purchase order and return it to the Finance Department.
(Ord. 427 § 1, 1995)
The City Manager, or the City Manager's representative, shall compare the vendor's invoice with the copy of the purchase order and receiving report. The City Manager, or the City Manager's representative, shall check the invoice for correctness of unit prices, discounts, transportation allowances, and the like, and with the reports of quantity and quality of goods received. Upon satisfying him or herself that the invoice is correct, the City Manager, or the City Manager's representative, shall approve the invoice for payment.
(Ord. 427 § 1, 1995)
The Purchasing Officer shall inspect, or cause to be inspected, all deliveries of supplies, materials, equipment, and contractual services to determine their conformance with the specifications set forth in the order or contract. Any department, or division thereof, having the staff and facilities for adequate inspection may be authorized by the Purchasing Officer to inspect all deliveries made to such using department.
(Ord. 427 § 1, 1995)
The Purchasing Officer shall control and supervise, or cause to be controlled and supervised, all storerooms and warehouses.
(Ord. 427 § 1, 1995)
A. 
Surplus Stock. The Purchasing Officer shall have the power to sell all supplies, materials, and equipment which are no longer used or which have become obsolete, worn out, or scrapped, or which have become unsuitable for public use, or to exchange for or trade in the same on new supplies, materials, and equipment.
B. 
Disposal of Toys or Bicycles. Pursuant to Welfare and Institutions Code Section 217, in lieu of the provisions contained in Section 2080.5 of the California Civil Code, an alternative procedure is established with respect to the disposal of unclaimed toys or bicycles. The Purchasing Officer is authorized with respect to toys or bicycles which have been unclaimed for at least 60 days, to transfer and deliver any such toys or bicycles to the probation officer of the County, to the Welfare Department of the County or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency, and which is exempt from income taxation under Federal or State law, or both, for use in any program or activity designed to prevent juvenile delinquency.
(Ord. 427 § 1, 1995)
The City Manager shall establish, and from time to time amend, all rules and regulations authorized by this chapter and any others necessary to its operation. Such rules and regulations, and amendments thereto, shall be subject to the approval of the Council by resolution.
(Ord. 427 § 1, 1995)