Note: Prior ordinance history: Ords. 857, 960, 1229, 1232.
In order to establish efficient procedures for the acquisition
of supplies, services and equipment at the lowest possible cost commensurate
with quality needed, to dispose of surplus personal property to the
best advantage of the city, to exercise positive financial control
over purchases, to clearly define authority for the purchasing function
and to assure the quality of purchases, a purchasing system is adopted.
(Ord. 1321 § 1, 2003)
The city manager is designated as the purchasing authority for
the city. He or she may delegate the duties of purchasing to department
heads or any other city employee. Each department head shall have
authority for his or her department to:
(a)
Purchase
or contract for supplies, services and equipment required by any using
department in accordance with purchasing procedures prescribed by
this chapter, such administrative regulations as the purchasing officer
shall adopt for the internal management and operation of the purchasing
system and such other rules and regulations as shall be prescribed
by the city council.
(b)
Negotiate
and recommend execution of contracts for the purchase of supplies,
services and equipment.
(c)
Act
to procure for the city the needed quality in supplies, services and
equipment at least expense to the city.
(d)
Discourage
uniform bidding and endeavor to obtain as full and open competition
as possible on all purchases.
(e)
Prepare
and recommend to the city council rules governing the purchase of
supplies, services, and equipment for the city.
(f)
Prepare
and recommend to the city council revisions and amendments to the
purchasing rules.
(g)
Prescribe
and maintain such forms as reasonably necessary for the operation
of this chapter and other rules and regulations.
(h)
Supervise
the inspection of all supplies, services and equipment purchased to
insure conformance with specifications.
(i)
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 a department or which have become unsuitable for city use.
(j)
Maintain
a bidder’s list, vendor’s catalog file and records needed
for the efficient operation of the purchasing system.
(k)
Join
with other governmental agencies in joint purchasing endeavors where
the purchasing procedures substantially conforms to this chapter and
state law.
(Ord. 1321 § 1, 2003)
(a)
The
department head may authorize in writing any other governmental agency
to purchase or contract for specified supplies, services and equipment.
He or she shall ensure that such purchases or contracts by other governmental
agencies be made in conformance with the procedures established by
state law. This authority includes the authority to act as lead agency
when appropriate.
(b)
Except
for public projects that are subject to formal bid procedures pursuant
to this chapter, city purchases may be made by taking advantage of
valid contract terms that have been negotiated by another governmental
agency, if that agency had used a quote or bid process that substantially
conforms with the procedures established by state law and this chapter.
In these cases, city staff shall verify and document such conformance.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014; Ord. 1604 § 2, 2020)
Using departments shall submit requests for supplies, services
and equipment to the department head and to the finance department
on such standard forms as may be prescribed in the Administrative
Instructions Manual.
(Ord. 1321 § 1, 2003)
Public projects, as defined by the Uniform Public Construction
Cost Accounting Act, Section 22000 et seq., of the Public Contract
Code, may be let to contract alternative bidding procedures, in a
manner consistent with the applicable dollar thresholds, as set forth
in Section 22032 of the Public Contract Code, as may be amended from
time to time.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014)
A list of contractors shall be developed and maintained, according
to categories of work, and 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.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014)
Where a public project is to be performed, and is eligible to
utilize the informal bidding provisions of subsection (b) of Section
22032 of the Public Contract Code, as may be amended from time to
time, the following procedures shall apply:
(a)
A notice inviting abbreviated bids shall be mailed or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 4.04.071, 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, unless the product or service is proprietary. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids; provided however:
(1)
If there is no list of qualified contractors maintained by the city
for the particular category of work performed, the notice inviting
bids shall be sent only to the construction trade journals specified
by the commission.
(2)
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 abbreviated bids may be sent exclusively to such contractor
or contractors.
(b)
All mailing of notices to contractors and construction trade journals pursuant to subsection (a) shall be completed not less than ten calendar days before bids are due.
(c)
The
notice inviting informal bids shall describe the project in general
terms and how to obtain more detailed information about the project,
and state the time and place for the submission of bids.
(d)
For
public projects that are under seventy-five thousand dollars and have
followed these informal bidding procedures, the city manager may award
the contract.
(e)
If all bids received are in excess of two hundred thousand dollars, or the limits established by subsection (d) of Section 22034 of the Public Contract Code, whichever is higher, the city council, by adoption of a resolution by a four-fifths vote, may award the contract, at no more than two hundred twelve thousand five hundred dollars, or the limit established by subsection (d) of Section 22034 of the Public Contract Code, whichever is higher, to the lowest responsible bidder, if it determines the cost estimate was reasonable.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014; Ord. 1583 § 2, 2019)
Contracts for public projects as defined by the Uniform Public
Construction Cost Accounting Act, Section 22000 et seq., of the Public
Contract Code, in an amount exceeding the current limit as specified
in subsection (c) of Section 22032 of the Public Contract Code, as
may be amended from time to time, shall be accomplished using the
formal bidding procedure described in this section.
(a)
Notice
Inviting Bids. Notices inviting bids shall distinctly describe the
project, shall state where bid blanks and specifications may be secured,
and shall state the time and place for the receiving and opening of
sealed bids.
(1)
Published Notice. Notice inviting bids shall be published at least
fourteen calendar days before the date of opening the bids in a newspaper
of general circulation, printed and published in the city.
(2)
Construction Trade Journals. The notice inviting formal bids shall
also be mailed, and emailed to all construction trade journals, and
posted on the city’s website, or other website used for bidding
on public projects, as specified by the California Uniform Construction
Cost Accounting Commission in accordance with the requirements of
Section 22036 of the Public Contract Code.
(b)
Bidder’s
Security. All bids presented in connection with the public project
shall be accompanied by bidder’s security in the form and amount
prescribed by Public Contract Code Section 20170 et seq., which security
shall be dealt with as prescribed therein. In all cases bidders shall
be entitled to return of bid security provided that a successful bidder
shall forfeit his or her bid security upon refusal or failure to execute
the contract within ten days after the notice of award of contract
has been mailed, unless the city is responsible for the delay. The
city council may, on refusal or failure of the successful bidder to
execute the contract, award it to the next lowest responsible bidder.
If the city council awards the contract 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.
(c)
Bid
Opening Procedure. Sealed bids shall be submitted to the department
identified in the invitation for bid documents and shall be identified
as bids on the envelope. Bids shall be opened in public at the time
and place stated in the public notice. A tabulation of all bids received
shall be open for public inspection during regular business hours
for a period of not less than thirty calendar days after the bid opening.
(d)
Rejection
of Bids or No Bids Received. In its discretion, the city council may
reject any and all bids presented and readvertise for bids. If no
bids are received, the city council may award the project by negotiated
contract.
(e)
Award
of Contracts. Contracts shall be awarded by the city council to the
lowest responsible bidder except as otherwise provided herein.
(f)
Tie
Bids. If two or more bids received are for the same amount or unit
price, quality and service being equal, and if the public interest
will not permit the delay of readvertising for bids, the city council
may accept the one it chooses or accept the lowest bid made by negotiation
with the tie bidders or may utilize a public drawing.
(g)
Performance
Bonds. The department head shall have authority to require a performance
bond before entering a contract in such amount as he or she finds
reasonably necessary to protect the best interests of the city. If
the department head requires a performance bond, the form and amount
of the bond shall be described in the notice inviting bids.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014)
(a)
Purchases of supplies, services, equipment and the sale of personal property that do not fall under Section 4.04.070 or 4.04.073, and do not utilize federal grants, awards or funds, shall be by the open market procedures described in this section when the estimated value, exclusive of sales tax and freight, exceeds ten thousand dollars. When the purchase of supplies, services, equipment and the sale of personal property that do not fall under Section 4.04.070 or 4.04.073, but utilize federal grants, awards or funds, such procurements shall be by the open market procedures described in this section when the estimated value, exclusive of sales tax and freight, exceeds the federally established micro-purchase threshold, or when specified by the grant requirements. Open market procedures may be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply or when the commodity can be obtained from only one vendor.
(b)
The
department head shall solicit open market quotes or bids as outlined
below by written requests to prospective vendors, by telephone, mail,
e-mail, or by public notice posted on a public bulletin board in the
City Hall, or posted on the city’s website.
(1)
At least three quotes shall be obtained from vendors for all items
not exceeding twenty-five thousand dollars, and shall be submitted
to the department head who shall keep a record of all open market
orders for a period of one year after the submission of bids or the
placing of orders. Said record, while so kept, shall be open to public
inspection.
(2)
At least three written bids shall be submitted to the department
head for items over twenty-five thousand dollars except professional
services. Department head shall keep a record of all open market bids
for a period of one year after the submission of bids or the placing
of orders. Said record, while so kept, shall be open to public inspection.
(3)
Purchases of Professional, Personal, or Specialized Services.
(A)
When entering into professional services, personal services, or specialized
services contract, the skill, ability, and expertise of the entity
or person performing the services is a key component of the selection
criteria. The selection should therefore be on the basis of demonstrated
competence, overall value to the city, and on the professional qualifications
necessary for the satisfactory performance of the services required.
Cost is only one factor in determining the selection.
(B)
In these cases, the department head shall solicit requests for proposals
or requests for quotations to prospective vendors either by mail,
by telephone, by e-mail, or by public notice posted on a public bulletin
board in the City Hall, or posted on the city’s website.
(C)
Proposals or quotations shall be submitted to the department head
who shall keep a record of all open market orders for a period of
one year. Said record, while so kept, shall be open to public inspection.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014; Ord. 1557 § 2, 2018)
Purchases of supplies, services and equipment in the amount
specified in the administrative rules and regulations may be made
by purchase order.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014)
Except in cases of emergency, the department head shall not
issue any purchase order for supplies, services or equipment unless
there exists an unencumbered appropriation against which the purchase
is to be charged.
(Ord. 1321 § 1, 2003)
(a)
All
purchases and contracts exceeding twenty-five thousand dollars for
supplies, services, equipment and/or the sale of personal property,
including, but not limited to, those contracts associated with a public
project as defined by the Uniform Public Construction Cost Accounting
Act, Section 22000 et seq., of the Public Contract Code, shall be
by written contract with:
(1)
The lowest responsible bidder or lowest responsive proposer;
(2)
In the case of sales by the city, the highest responsible bidder
or highest responsive proposer; or
(3)
In the case of professional, specialized, or personal services contracts, based on the criteria established in Section 4.04.080(b)(3)(A)4.04.080(b)(3)(A). Such purchases and contracts shall be pursuant to the procedures set forth in this chapter.
(b)
All
written contracts regardless of amount shall be reviewed by the city
attorney’s office.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014)
(a)
Purchases
of supplies, services, public projects, and equipment, or any combination
thereof, and the sales of personal property shall be approved by:
(b)
Unless
stated otherwise, all written contracts shall be executed by the city
manager, or designee. All contracts exceeding one hundred fifty thousand
dollars shall be also approved by the city council.
(c)
All
real property acquisitions or real property lease contracts with a
term of three years or more, regardless of amount, shall be approved
by the city council.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014; Ord. 1589 § 1, 2019)
The responsibility for the inspection, testing and acceptance
of all supplies, equipment and contractual services performed shall
rest with the department head concerned.
(Ord. 1321 § 1, 2003)
The city manager shall adopt reasonable rules and regulations
regarding disposition of surplus supplies and equipment.
(Ord. 1321 § 1, 2003; Ord. 1490 § 1, 2014)
The city manager or designee is authorized to, and may establish
rules, regulations, guidelines and policies for implementing and enforcing
this chapter.
(Ord. 1490 § 1, 2014)
