A. 
This chapter is established pursuant to the requirements of the Uniform Public Construction Cost Accounting Act, Public Contract Code Section 22000 et seq., and Government Code Section 54202.
B. 
The purchasing system in this chapter shall apply to all purchases in the city, including all "public projects" and "maintenance work." It shall also apply to the purchase of all other supplies, equipment and services by the city.
(Ord. 2555 § 1, 2018)
The city manager is the purchasing agent and may appoint a designee to administer the purchasing system. The designated purchasing agent's authority and responsibilities shall be in accordance with all applicable resolutions and administrative regulations established by the city.
(Ord. 2555 § 1, 2018)
Rules governing the purchasing system, either by resolution or administrative regulation, shall provide procedures that require every department to submit requests and estimates for supplies, equipment and services to the designated purchasing agent in a prescribed requisition process at least annually.
(Ord. 2555 § 1, 2018)
Except in cases of emergency, the purchasing agent shall not issue any purchase order or approve any written agreement, unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.
(Ord. 2555 § 1, 2018)
The purchasing agent, in his or her discretion, shall have the authority to inspect supplies and equipment delivered, or services rendered, to determine their conformance with the specifications set forth in the original contract or order.
(Ord. 2555 § 1, 2018)
A. 
For all purchases made pursuant to this section that are less than or equal to three thousand five hundred dollars, the purchasing agent or department head may effectuate the purchase by way of check request, credit card payment or wire transfer. The purchasing agent or department head making a purchase under this section shall make sure that the proper account number is used in connection with the purchase and that the funds required are available prior to the purchase. Unless required by the vendor, requisitions for three thousand five hundred dollars or less will not be issued a purchase order.
B. 
For purchases made pursuant to this section valued at more than three thousand five hundred dollars but not more than fifteen thousand dollars, an approved purchase order is required prior to the time of purchase. Department heads shall complete a requisition form and submit it to the purchasing agent. Requisitions are not due until such time prior to actually requiring the service or purchase.
C. 
For purchases made pursuant to this section valued at more than fifteen thousand dollars but not more than one hundred thousand dollars, at least two bids and a purchase order approved by the city manager are required prior to the time of purchase.
D. 
For purchases made pursuant to this section valued at more than one hundred thousand dollars but not more than two hundred thousand dollars, at least two bids, an approved purchase order, an agreement signed by the city manager, and city council approval are required prior to the time of purchase.
E. 
For purchases made pursuant to this section valued at more than two hundred thousand dollars, formal bidding and city council approval are required prior to the time of purchase with the exception of legal fees as outlined below in subsection F.
F. 
The city manager is authorized to approve, execute and bind the city to contracts up to, and within the constraints, of the current fiscal year approved "LEGAL FEES" budget for all legal services, including expert and consultant services in connection with existing and anticipated litigation and/or claim defense or prosecution, and other such related matters, including, but not limited to, expert witnesses, arbitrators, mediators, court transcripts, court reporters, process servers, private investigators, court filing and messenger services and other legal support services. The city manager shall provide the city council with regular updates on all matters necessitating a significant amount of legal services. Purchases that exceed the approved "LEGAL FEES" budget require a budget adjustment and approval of the city council.
G. 
Except as otherwise provided by law, and where no federally restricted grant funds are used, the following purchases of services, supplies and equipment shall be by negotiated contract without requiring a bidding process:
1. 
Contracts for professional services, such as contracts with accountants, auditors, attorneys, plan checkers, inspectors, surveyors, architects, engineers, CEQA consultants, information systems consultants, financial consultants, election services consultants, public relations consultants and related activities, negotiation for or acquisition of land, insurance, bonds or any other similar contracts, subject to the requirements in Sections 4526 through 4529.5 and Section 37103 of the Government Code.
2. 
The day-to-day operation of the city's self-insurance or insurance retention programs are exempt from these requirements, when performed in cooperation with the city's risk manager.
3. 
Contracts where a commodity or service is offered by only one vendor, or when only one vendor is able to supply a commodity within the time frame or under terms or conditions which reasonably meet the needs of the city (sole source). Prior approval of the city manager shall be required.
4. 
Contracts where the purchase is procured pursuant to a competitively bid contract awarded by another city or public agency.
5. 
Where the services, supplies and equipment are procured by participation in any purchase under a Federal General Service Administration (GSA) contract, California Multiple Award Schedule Contract (CMAS), leverage purchase agreement, or similar agreement or process utilizing a valid competitive bidding process. The contract must be approved by the city council upon a finding that the proposed contract offers the best pricing. Whenever possible, the proposed contract should be based on at least three bids from contractors identified on the applicable schedule. Since such contracts only establish a maximum price that can be charged, the city's agents shall attempt to negotiate a lower price from the selected contractor(s) whenever possible.
6. 
Other exceptions allowed by law.
(Ord. 2590 § 1, 2022)
All persons or entities to render professional services to the city shall render such services pursuant to a professional services agreement in a form approved by the city attorney. All persons or entities under agreement with the city to render professional services shall not be subject to Chapter 2.68, Personnel System, of the city's municipal code and shall be considered independent contractors and not an employee of the city.
(Ord. 2555 § 1, 2018)
The city council of the city of Westminster, California, hereby adopts the Act, for the purpose of prescribing regulations governing the purchases and contracts awarded by the city. In accordance with the terms of the Act, the city may utilize the Act's procedures when contracting for "public projects" or "maintenance work" as defined in Public Contract Code Section 22002. Pursuant to Public Contract Code Section 22003, the city may also use the Act's procedures for any other work which does not fall within the definition of a "public project." However, nothing shall preclude the city from utilizing more restrictive procedures.
(Ord. 2555 § 1, 2018)
A. 
Small Purchasing Procedures. Public projects and maintenance work which are in accordance with the limits established in Public Contract Code Section 22032(a), may be performed by the employees of the city by force account, by negotiated contract, or by purchase order.
1. 
The city's purchasing agent has authority to execute all contracts or purchase orders under this section.
B. 
Informal Procedures. Public projects and maintenance work which are in accordance with the limits established in Public Contract Code Section 22032(b), may be let to contract by following the Act's informal procedures. The informal procedures include the following:
1. 
Contractors List. A list of contractors, identified according to categories of work, shall be developed and maintained in accordance with the provision of Public Contract Code Section 22034, together with any criteria promulgated by the Commission from time to time.
2. 
Notice Inviting Bids. At least ten calendar days before bids are due, a notice inviting informal bids shall be mailed to all contractors on the list for the category of work being bid, and to all construction trade journals specified pursuant to the requirements of Public Contract Code Section 22036; provided however:
a. 
Additional contractors and trade journals may be notified at the discretion of the purchasing agent.
b. 
For public projects, 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.
c. 
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 those contractor(s).
3. 
The city's purchasing agent has authority to execute all contracts or purchase orders under this section.
4. 
In situations where a contract was originally presumed to fall within the informal bid limits in Public Contract Code Section 22034(2)(d), but where all bids received are in excess of those limits, the city council may still award the contract if the requirements of Public Contract Code Section 22034(f) have been met.
C. 
Formal Procedures. Public projects and maintenance work which are in accordance with the limits established in Public Contract Code Section 22032(c), shall, unless otherwise provided by the Act or by law, be let to contract pursuant to the formal procedures set forth in the Act and the following procedures:
1. 
Notice Inviting Bids.
a. 
Formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation pursuant to the requirements of Public Contract Code Section 22037.
b. 
The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail, and mailed to all construction trade journals specified in Public Contract Code Section 22036. All notices under this paragraph shall be sent at least fifteen calendar days before the date of opening the bids.
c. 
In addition to notice required by this section, the city may give such other notice as it deems proper.
2. 
The city council shall adopt plans, specifications and working details for all public projects requiring the formal bid procedure, pursuant to Public Contract Code Section 22039.
3. 
The city council shall award all contracts let to contract pursuant to the formal bid procedures, and authorize the mayor or city manager to execute the agreement.
(Ord. 2555 § 1, 2018)
A. 
Processing Bids. Sealed bids shall be submitted to the city clerk and shall be identified as bids on the envelope. It is the responsibility of the bidder to ensure receipt of the bid document by the city clerk by the designated hour. 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.
B. 
Bid Acceptance or Rejection.
1. 
Rejection of All Bids. In its discretion the city council (or the purchasing agent when applicable) may reject all bids presented, if city, prior to rejecting all bids and declaring that the project can be more economically performed by city employees, furnishes a written notice to the apparent low bidder. The notice shall inform the bidder of the city's intention to reject the bid, and shall be mailed at least two business days prior to the hearing where the bid will be rejected. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city may:
a. 
Abandon the project or readvertise for bids; or
b. 
Following passage of a resolution of the city council by a four-fifths vote stating the project can be performed more economically by the employees of the city, the city may have the project done by force account without further complying with the requirements of the Act.
2. 
If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.
3. 
If no bids are received through the formal or informal procedure, the project may be performed by the employees of the city by force account or negotiated contract without further complying with this chapter.
(Ord. 2555 § 1, 2018)
Notwithstanding the other provisions of this chapter, federal and state law and any special conditions pertaining to grants shall also be met when purchasing or contracting pursuant to these grants, including, but not limited to, those federal regulations contained in Title 2, Subtitle A, Chapter II, Part 200, Subpart D of the Code of Federal Regulations. All procurement transactions made pursuant to this section shall be conducted in a manner providing full and open competition. However, nothing shall preclude the city from utilizing more restrictive procedures.
(Ord. 2555 § 1, 2018)
A. 
Notwithstanding any other provisions of this chapter to the contrary, emergency purchases in an amount up to two hundred thousand dollars may be approved by the city manager or designee without the need for formal bidding. A full report of the circumstances of any emergency purchase in excess of fifty thousand dollars shall be filed with the city council at its next regular meeting. An emergency purchase is defined to mean the immediate purchase of any materials, supplies, equipment or other services, which has been determined by the city manager to be necessary for the preservation of the public health, safety, life or property.
B. 
With respect to public projects, in the event of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 of the Public Contract Code, commencing with Section 22050.
(Ord. 2590 § 2, 2022)
All city departments shall submit to the designated purchasing agent, reports showing all supplies and equipment which are no longer needed or which have become obsolete or worn out. The purchasing agent shall have authority to dispose of such supplies and equipment in a manner which best suits the city's needs, as prescribed by resolution or administrative regulation.
A. 
The amounts received for any property sold pursuant to this section shall be deposited in the original purchasing fund, unless otherwise directed by the city manager.
B. 
Except as provided by state law, the purchasing agent may be requested to assist when disposing of unclaimed or abandoned property in the possession of the police department.
(Ord. 2555 § 1, 2018)