In order to establish efficient procedures for the purchase
of supplies, equipment, materials and certain services; to secure
the same for the City at the lowest possible cost commensurate with
the quality needed; 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 hereby adopted.
(Ord. 556 § 3, 2019)
means the entity authorized to approve and sign contracts subject to the requirements of this chapter, pursuant to Section 3.24.180.
means an offer, submitted in response to a notice inviting
sealed bids, usually in competition with other bidders.
means combining the requirements of two or more political
entities to obtain the benefits of volume purchases and/or reduced
administrative expenses.
means a sudden, unexpected occurrence that poses a clear
and imminent danger, requiring immediate action to prevent or mitigate
the loss or impairment of life, health, property, or essential public
services.
means those products and services which are more energy efficient,
less toxic, less polluting and which generate less waste overall.
means all services performed by persons in a professional
occupation, which are generally advisory in nature, provide a recommended
course of action or personal expertise, or provide an end product
which is basically a transmittal of information. Professional services
include, but are not limited to, consulting and performing services
for accounting, auditing, computer hardware and software support,
architectural, engineering, planning, environmental, land surveying,
construction project management, redevelopment, financial, economic,
personnel, social services, animal control, legal, management, communication,
and other similar professional functions which may be necessary for
the operation of the City.
has the meaning provided in Section 22022(c) of the Public
Contract Code, as that section may be amended from time to time. A
public project does not include maintenance or professional service
work.
means the person designated by the City Manager to purchase
supplies, equipment and services pursuant to this chapter.
means a bidder who, by reference to bid documents or public
records, has the capability in all respects to perform fully the contract
or bid requirements, and the tenacity, perseverance, experience, integrity,
reliability, capacity, facilities, equipment, and credit which will
assure good faith performance.
means a bidder whose bid conforms in all material respects
to the requirements set forth in the notice inviting sealed bids.
means either a commodity: (a) can be obtained from only one
supplier; or (b)(i) is not for a public work as defined in Public
Contract Code Section 20161, (ii) must match or be compatible with
other supplies, equipment or material presently used and the awarding
authority has made a finding to this extent, and (iii) will be purchased
from an authorized manufacturer or authorized retailer.
means a list maintained by the purchasing agent which sets
out the names and addresses of suppliers of various goods and services
from whom bids, proposals, and quotations may be solicited.
(Ord. 556 § 3, 2019)
A.
The
City Manager may designate a person to act in his or her behalf for
the purchase of supplies, equipment and services pursuant to this
chapter. The person so designated is authorized to act on behalf of
the City in carrying out the provisions of this chapter and is identified
herein as the purchasing agent. The purchasing agent may designate
an employee to perform functions and duties as provided herein with
concurrence of the City Manager.
B.
The
purchasing agent has the following authority:
1.
To
negotiate, purchase and obtain supplies, contractual services and
equipment used by the City in accordance with City and State law and
such rules and regulations as are prescribed by the City Manager and/or
City Council;
2.
To
procure for the City the needed quality in supplies, services and
equipment at the least expense to the City. The technique of energy
lifetime costing may be used in setting performance standards and
evaluating bids on energy consuming items;
3.
To
obtain full and open competition on all purchases in accordance with
this chapter;
4.
To
prepare and recommend to the City Manager rules and regulations governing
purchase of supplies, services and equipment for the City and amendments
thereto as necessary;
5.
To
keep informed of current developments in the field of purchasing,
pricing, market conditions and new products, and secure for the City
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
having national recognition and by private businesses and organizations;
6.
To
prescribe and maintain such forms as are reasonably necessary for
the operation of the purchasing system;
7.
To
prepare and maintain a vendors list, including deletion of records
of vendors failing to update information;
8.
To
make recommendations to the City Manager as appropriate;
9.
Pursuant to Chapter 3.32, recommend the transfer of surplus supplies, materials, and equipment between departments as needed, and the sale of all such items which have become unusable by the City and which cannot be used by any department;
10.
The purchasing agent may, when authorized by the City Manager, authorize
a department or office to purchase supplies, equipment and material
when such purchases may be made more advantageously or expeditiously
by the respective department or departments;
11.
The purchasing agent, in cooperation with the using departments,
may provide for the standardization of supplies, equipment and material
in accordance with their use.
(Ord. 556 § 3, 2019)
The purchasing agent may request all City departments or offices
to file detailed estimates of their anticipated requirements in order
to take advantage of volume or selective buying. Departments may not
split their requirements into smaller estimates or requirements for
the purpose of evading the City's requirements for competitive
bidding or proposals as outlined in this chapter.
(Ord. 556 § 3, 2019)
Using agencies, City departments or offices must submit requests
for supplies, equipment and services to the purchasing agent using
a standard requisitioning process, as prescribed by the purchasing
agent. The purchasing agent must examine each requisition and have
the authority to revise it as to quantity, quality or estimated cost;
provided, however, that a change in quality will not vary substantially
from the standards of the using department or office.
(Ord. 556 § 3, 2019)
Except in the cases of emergency, or if excepted by the purchasing
agent, all purchases must be made by purchase order issued by the
purchasing agent after authorization of the Finance Department, certifying:
A.
That
there is to the credit of each using department concerned a sufficient
unencumbered appropriate balance in excess of all unpaid obligations
to defray the amount of such order;
B.
That
such order is provided for in the budget of the using department or
has been approved by the City Council;
C.
That
in the case of the purchase of capital equipment and assets or services,
if not provided for in the budget, that the same have been first approved
by the City Council.
(Ord. 556 § 3, 2019)
No City officer or employee may order the purchase of any supplies,
equipment, materials or contractual services or make any contract
within the purview of this chapter other than in accordance with the
provisions of this chapter, the regulations and procedures established
thereunder and with the approval of the purchasing agent. Any purchase
or contract made contrary to this chapter is null and void and any
claim or demand made against the City based thereon is invalid.
(Ord. 556 § 3, 2019)
A.
All
contracts for the purchase of supplies, equipment, materials and nonprofessional
services must be procured in accordance with the following, except
as otherwise provided in this chapter:
1.
Purchases estimated to exceed $50,000.00 must be made by the formal bidding procedures in Section 3.24.100.
2.
Purchases estimated to exceed $3,500.00 but not to exceed $50,000.00 may be made by the informal bidding procedures in Section 3.24.110.
3.
Purchases
estimated at $3,500.00 or less may be made on the open market without
following formal or informal bidding procedures.
(Ord. 556 § 3, 2019; Ord. 612 § 2, 2023)
All City purchases subject to formal bidding procedures pursuant to Section 3.24.090 must comply with the requirements of this section and be purchased by formal written contract with the bidder submitting the lowest responsive responsible bid, after due notice inviting sealed bids.
A.
Notice
Inviting Bids. Notice inviting bids will include a general description
of the supplies, equipment, material or service and details on bond
requirements and be published by the purchasing agent at least once
in a newspaper of general circulation and on the City's website
at least 10 days before the last day set for the receipt of bids as
designated in the notice. In the event a newspaper of general circulation
is unable to publish such notice for any reason, the purchasing agent
will post such notice in at least three public places in the City
designated as places for posting public notices. In the event the
item(s) or service(s) to be purchased is not identified to be purchased
in the budget, the City Council must authorize the notice inviting
sealed bids. In the event substantive changes to the notice inviting
sealed bids are necessary after the notice has been published, the
purchasing agent may issue an addendum and, if issued, publish the
addendum on the City's website, or by other means that constitutes
the official venue for communications between the City and potential
bidders, for at least three days prior to the deadline for submitting
sealed bids. If the deadline for submitting sealed bids falls fewer
than three days after publishing the addendum, the purchasing agent
may extend the deadline as part of issuing and publishing the addendum.
B.
Bidders'
List. The purchasing agent must also solicit sealed bids from all
responsible prospective suppliers who have requested that their names
be added to a "bidders' list" which the purchasing
agent maintains, by sending them a copy of such newspaper notice or
such other notice as will acquaint them with the proposed purchase.
C.
Bidders'
Security. The purchasing agent may require bidders' security
in an amount deemed appropriate or applicable either by cash, certified
or cashier's check, or surety bond approved by the City Attorney.
In the event a bidders' security is required, no bid will be
considered unless the required security is submitted therewith. Bidders
are entitled to the return of such security after the City enters
into a contract for the purchase at issue or declines to enter into
a contract; provided, however, that a successful bidder forfeits his
or her bid security upon refusal or failure to execute a contract
within 15 days after notice of award of a contract has been mailed,
unless the City is responsible for the delay. Upon refusal or failure
of the successful bidder to execute the contract, the contract may
be awarded to the next lowest bidder, the amount of the lowest bidder
security may be applied by the City to the difference between the
low bid and the second lowest bid.
D.
Bid
Opening. Sealed bids must be submitted to the City Clerk, who will
open them in public, at the time and place stated in the notice inviting
sealed bids. The City Clerk may delegate his or her responsibilities
of this subsection to responsible assistants and deputies.
E.
Compilation
of Bids and Recommendations. Following the opening of bids, the purchasing
agent will compile all bids and submit a summary of the bids to the
City Manager together with a recommendation of award, taking into
consideration any recommendation of the department head involved,
the amount of bid, as well as whether the bidder's bid is responsive
and responsible. The City Manager will submit his or her recommendation
with respect to an award to the City Council for any contract which
must be approved by City Council; provided, however that the purchasing
agent may recommend rejection of any or all bids for any one or more
commodities or contractual services included in the proposed contract
if he or she determines that the public interest will be served thereby
and may recommend waiver of minor irregularities in a bid.
F.
Council
Action Following Recommendation.
1.
The
City Council may make an award of contract to the lowest responsible
bidder submitting the best bid in all respects.
2.
In
its discretion, the City Council may waive minor irregularities in
a bid, reject any or all bids, and may authorize the readvertising
of bids, or in the alternative, may authorize the purchase or service,
pursuant to any other procurement procedure set forth in this chapter.
G.
Tie
Bids. In the event two or more bids are received for the same total
amount or unit price and in all other respect are equal, the City
Council may award the contract to the local bidder, if any, the bidder
using environmentally preferable products, if any, or by lot.
H.
Bond.
The purchasing agent has the authority to require a performance bond
and materials and labor bond in such amount as he or she finds reasonably
necessary to protect the best interests of the City. If a bond is
required, the form and amount of the bond will be described in the
notice inviting sealed bids.
(Ord. 556 § 3, 2019)
A.
Informal Bidding Procedures. All City purchases subject to informal bidding procedures pursuant to Section 3.24.090 must comply with the requirements of this section. When using informal bidding procedures, the purchasing agent solicits bids by direct request to prospective vendors, by mail or electronic mail, telephone, facsimile or bulletin board. When practicable, a purchase made using informal bidding procedures must be based on at least three bids and be awarded to the lowest, responsive responsible bidder.
B.
Records.
The purchasing agent will keep a record of all purchases made pursuant
to the informal bidding procedures contained herein and bids submitted
in competition thereon. Such records are open to public inspection.
(Ord. 556 § 3, 2019)
In any of the following instances, the purchasing agent may
dispense with the requirements of formal or informal bidding and procure
supplies, material and equipment on the open market:
A.
When
the estimated amount involved does not exceed $3,500.00;
B.
When a commodity qualifies as a sole source purchase pursuant to Section 3.24.020 and does not exceed $50,000.00, or if the cost exceeds $50,000.00, the sole source procurement method is approved by the City Council;
C.
When
the City Council determines that due to special circumstances, it
is in the City's best interest to purchase a commodity or enter
into a contract without compliance with the formal or informal bidding
procedure.
(Ord. 556 § 3, 2019; Ord. 612 § 2, 2023)
A.
The
purchasing agent may join with other public jurisdictions in cooperative
purchasing plans or programs, including, but not limited to, the California
Communities Purchasing Program (CCPP), the California Department of
General Services (CADGS), the California Multiple Award Schedule (CMAS),
the National Association of Counties (NACo) or similar arrangements
or plans as determined by the purchasing agent to be in the City's
best interest.
B.
The purchasing agent may also buy directly from a vendor at a price established by a competitive or competitively negotiated bid by another public jurisdiction in substantial compliance with the formal purchasing procedures as provided in Section 3.24.100 even if the City had not joined with that public agency in a cooperative purchase.
(Ord. 556 § 3, 2019)
A.
In the case of an emergency as defined in Section 3.24.020, the purchasing agent may authorize the head of a department to purchase supplies, material, equipment or services on the open market when all of the following conditions are present:
1.
Immediate
procurement of the supplies, material, equipment, and/or services
is essential to prevent delays in the work of the department which
may affect the life, health, safety or convenience of the public;
2.
The
estimated cost of the purchase does not exceed $25,000.00; and
3.
The
head of the department procuring the supplies, material, equipment,
and/or services sends to the purchasing agent a copy of the delivery
record, together with a full written explanation of the circumstances
justifying the emergency purchase.
B.
In the case of an emergency as defined in Section 3.24.020, the City Manager may authorize the purchasing agent to secure in the open market, any supplies, material, equipment, and/or services when all of the following conditions are present:
1.
Immediate
procurement of the supplies, material, equipment, and/or services
is essential to prevent delays in the work of the department which
may affect the life, health, safety or convenience of the public;
and
2.
The
estimated cost does not exceed $75,000.00; provided, however, that
when the estimated cost exceeds $50,000.00, or $25,000.00 for professional
services, the procurement must be subsequently ratified by the City
Council.
C.
In the case of an emergency as defined in Section 3.24.020, the City Council must ratify purchases of supplies, materials, equipment or services essential to prevent delays in the work of the department which may affect the life, health, safety or convenience of the public when the estimated cost thereof exceeds $50,000.00, or $25,000.00 for professional services.
(Ord. 556 § 3, 2019; Ord. 612 § 2, 2023)
Nothing herein contained limits the authority of the Director
of Emergency Services to make emergency purchases and take such other
emergency steps as are or may be authorized by the City Council.
(Ord. 556 § 3, 2019)
A.
This section applies to the City's selection of specialized professional services as defined in Section 3.24.020.
B.
Selection
must assure that these services are engaged on the basis of demonstrated
competence and on the professional qualifications necessary for the
satisfactory performance of the services required and at fair and
reasonable prices to the City.
(Ord. 556 § 3, 2019)
The following types of contracts and purchases are not subject
to the provisions of this chapter:
A.
Public
projects as defined in Section 20161 of the California Public Contract
Code, except for the issuing of a purchase order, by the purchasing
agent for encumbrance of funds;
B.
Contracts
to be paid directly from deposits posted by development project applicants
or from grant funds. The City Manager has the authority to approve
contracts (and amendments thereto) to be paid directly from deposits
posted by development project applicants for professional services
required in conjunction with the processing or review of development
applications, or by grant funds received by the City when the application
for or acceptance of said grant funds has been approved by the City
Council;
C.
Utility
services and related charges;
D.
Real
property purchases and related title and escrow fees;
E.
Insurance
and bond premiums;
F.
Real
property leases;
G.
Professional
services, except as otherwise provided.
H.
Purchases
of newspaper (or similar) advertisements for City notices, including
but not limited to, notices of public hearings or request for bids.
(Ord. 556 § 3, 2019; Ord. 587 § 2, 2021; Ord. 612 § 2, 2023)
A.
The
awarding authority for contracts and amendments to contracts subject
to this chapter is as follows:
1.
A
department director is authorized to execute contracts and amendments
to contracts subject to this chapter if the cumulative amount of the
contract plus any amendment(s) is $25,000.00 or less in any single
fiscal year and is on behalf of his or her department only.
2.
The
purchasing agent is authorized to execute contracts and amendments
to contracts subject to this chapter if the cumulative amount of the
contract plus any amendment(s) is $25,000.00 or less in any single
fiscal year and is on behalf of more than one department.
3.
The
City Manager is authorized to execute contracts and amendments to
contracts for supplies, materials, equipment, or nonprofessional services
subject to this chapter if the cumulative amount of the contract plus
any amendment(s) is $50,000.00 or less in any single fiscal year.
The City Manager is authorized to execute contracts and amendments
to contracts for professional services subject to this chapter if
the cumulative amount of the contract plus any amendment(s) is $25,000.00
or less in any single fiscal year.
4.
City
Council approval is required on contracts and amendments to contracts
for supplies, materials, equipment, or nonprofessional services subject
to this chapter if the cumulative amount of the contract plus any
amendment(s) exceeds $50,000.00 in any single fiscal year. City Council
approval is required on contracts and amendments to contracts for
professional services subject to this chapter if the cumulative amount
of the contract plus any amendment(s) exceeds $25,000.00 in any single
fiscal year. For any contract approved by the City Council pursuant
to this section, the City Manager is authorized to execute amendments
in a cumulative amount not to exceed the lesser of 10% of the City
Council-approved amount or $50,000.00 (for supplies, materials, equipment,
or nonprofessional services) or $25,000.00 (for professional services).
B.
No change
in an agreement, contract or purchase order may be made without issuance
of a written change order, amendment or purchase order, and no payment
for any such change may be made unless a written change order, amendment
or purchase order has first been approved and executed in accordance
with this section designating in advance the work to be done and the
amount of additional compensation to be paid.
(Ord. 556 § 3, 2019; Ord. 587 § 2, 2021; Ord. 612 § 2, 2023)
In all purchases for the City outlined in this chapter, any
practices which might result in unlawful activity are prohibited including,
but not limited to, rebates, kickbacks or other unlawful considerations.
City employees are specifically prohibited from participating in the
selection process when those employees have a relationship with a
person or business entity seeking a contract pursuant to this chapter.
(Ord. 556 § 3, 2019)
Local vendors based in the City shall be solicited for purchases
whenever feasible. When determining the lowest responsible bidder,
the amount of local sales tax to be received by the City that is included
in the bid submitted by a local vendor shall be credited by the City
against said bid. The local preference is not applicable to construction
agreements or other contracts required by state or federal statutes
or regulations to be awarded to the lowest responsible bidder.
(Ord. 587 § 2, 2021)
