As used in this chapter, the words set forth hereinafter in
this chapter shall have the following meanings whenever they appear
in these rules and regulations, unless the context in which they are
used clearly requires a different meaning:
"Awarding entity"
means the city council when referencing procurement for the
city or for any using agency of the city.
"Bid"
means an offer or proposal submitted by a bidder setting
forth the price for the goods, services, or construction to be provided.
"Bidder"
means any individual, firm, entity, partnership, corporation,
or combination thereof, submitting a bid, acting directly or through
a duly authorized representative of a using agency.
"Change order"
means a city-issued document used to modify a purchase order
to add, delete, or revise the quantity, price or scope of goods, services,
professional services or construction being provided.
"City"
means the city of Glendora.
"Competitive procurement"
means a process involving the solicitation under the authority
and supervision of the designee by formal procurement or informal
procurement (all as hereinafter defined) under procedures and circumstances
intended to foster effective, broad-based competition within the private
sector to provide goods, services or construction to the city.
"Construction"
means the process of building, altering, repairing, improving
or demolishing any public structure or building, or other public improvements
of any kind; it does not include routine operation, maintenance or
repair of existing structures, buildings or real property by the city's
own forces. "Construction" shall also include "public project" as
defined in Section 20161 of the California
Public Contract Code.
"Contract"
means any type of legally recognized agreement to provide
goods, services or construction, no matter what it may be titled or
how described, including executed purchase orders, for the procurement
or disposition of goods, services or construction, but does not include
any agreement for collective bargaining, utility extensions, subdivision
improvements or any agreements whereby an owner of real property or
his or her authorized representative agrees to construct improvements
of a public nature on property to be dedicated to the city.
"Contractor"
means any person (as hereinafter defined) who enters into
a contract with the city.
"Cooperative purchasing"
means a purchasing method whereby the procurement requirements
of two or more governmental entities are combined in order to obtain
the benefit of volume procurement or reduction in administrative expenses.
Cooperative purchasing practices may include other agencies who conduct
volume procurements on behalf of governmental agencies.
"Designee"
means the city's purchasing designee, who oversees and implements
the city's purchasing.
"Emergency procurement"
means the procurement of goods, services or construction without utilizing competitive procurement in circumstances set forth in Section
2.40.050 hereof as constituting an "emergency."
"Field order"
means in construction projects, a written order passed to
the contractor from the City or architect which will effect a minor
change in work, requiring no further adjustment to the contract sum
or expected date of completion.
"Formal bid"
means a written bid which shall be: (1) submitted in a sealed
envelope, or electronically, in conformance with a city-prescribed
format and procedure; (2) publicly opened, read and-recorded at a
city-specified date, time and place; and (3) accepted only by an award
made by the awarding entity.
"Formal procurement"
means procurement by written notice inviting bids and formal bid, request for proposals, or request for qualifications and includes procurement of construction, goods and services subject to the bidding requirements of Section
2.40.080.
"Goods"
means supplies, materials, equipment and other things included
within the definition of "goods" in Section 2105 of the California
Uniform
Commercial Code.
"Grant"
means funding from state, federal or other sources, which
require specific use of the funding provided to the city.
"Informal bid"
means an offer, which may be conveyed to the designee by
email, letter, memo, financial system or other means, to provide for
stated prices, goods, services or construction, which are not required
to be procured by formal procurement; informal bids shall be solicited
only by city personnel from a using agency who are authorized to do
so, and for each instance of procurement by informal bid, the authorized
personnel shall obtain informal bids from at least three different
persons, if possible.
"Informal procurement"
means competitive procurement by request for bid, request
for proposals or request for information submitted by persons in the
open market submitted to the using agency or designee.
"Life cycle cost"
means the estimated total cost of goods, services or construction
procured by the city over the useful life of the goods, services or
construction based upon their initial procurement price as adjusted
by projected operating, maintenance and related ownership expenses
which the city will incur during their useful life.
"Lowest responsive bidder"
means the bidder or offeror who submits the lowest responsive
formal bid, informal bid, or offer in response to the city's invitation
or request therefor, as determined by the city.
"Negotiated procurement"
means the business marketplace in which a user agency or
the designee, exercising prudent business practices and judgment,
would procure goods, services or construction utilizing a negotiation
procedure, subject to approval by the designee, instead of informal
or formal procurement.
"Open market"
means the private sector business marketplace in which private
persons, exercising prudent business practices and judgment, would
procure goods, services, or construction utilizing informal bid or
formal bid procedures.
"Person"
means any individual, partnership, limited partnership, association,
corporation, labor union, committee, club, governmental entity or
other entity recognized by California law.
"Procure" and "procurement"
mean buying, purchasing, renting, leasing or otherwise acquiring
or obtaining goods, services, or construction; this also includes
all functions and procedures pertaining thereto.
"Professional services"
means advisory, consulting, architectural, information technology,
engineering, financial, legal (including claims adjustment), surveying,
research or developmental and any other services which involve the
exercise of professional discretion and independent judgment based
on an advanced or specialized knowledge, expertise or training gained
by formal studies or experience.
"Purchase order"
means a city-issued document with any necessary terms and
conditions, which authorizes the delivery of goods, the rendering
of services or the performance of construction at a stated price and
encumbers city funds for the payment therefor; when approved by the
city council through the biennial budget process or at another time
during the start of any fiscal year, a purchase order shall be referred
to as an "annual purchase order."
"Purchase requisition"
means a written request prepared on the requisite city form
prepared by the designee, and submitted by a using agency to the designee
for procurement of specified goods, services or construction.
"Request for bids" or "notice inviting bids"
means a written or verbal solicitation issued under the authority
and supervision of the designee for formal or informal bids for described
goods, services or construction, which may be procured by formal or
informal procurement.
"Request for information"
means a written solicitation issued by a using agency, through
the supervision of the designee, which: (1) generally describes the
goods or services sought to be procured by the city; (2) sets forth
in determining what persons can provide goods or services sought to
be procured by the city; and (3) does not provide for the negotiation
of any procurement contract.
"Request for qualifications"
means a written solicitation issued by the purchasing division,
through the supervision of the designee, which: (1) generally describes
the goods or services sought to be procured by the city; (2) sets
forth in determining what qualified persons can provide those services
by providing minimum standards and criteria for the goods or services
sought; (3) generally describes the format and content of proposals
to be submitted; and (4) may provide for negotiation of the procurement
contract.
"Request for proposals"
means a written solicitation issued by the purchasing division,
through the supervision of the designee, which: (1) generally describes
the goods or services sought to be procured by the city; (2) sets
forth minimum standards and criteria for evaluating proposals submitted
in response to it; (3) generally describes the format and content
of proposals to be submitted; (4) provides for negotiation of terms
and conditions of the procurement contract; and (5) may place emphasis
on described factors other than price to be used in evaluating proposals.
"Responsible bidder"
means a bidder who is determined by the designee or the awarding
entity to be responsible based on the following criteria:
(1)
The bidder's ability, capacity and skill to perform the contract,
and to provide post-performance maintenance and repair;
(2)
The bidder's facilities and resources;
(3)
The bidder's character, integrity, reputation, judgment, experience
and efficiency;
(4)
The bidder's record of performance of prior contracts with the
city and others; and
(5)
The bidder's compliance with laws, regulations, guidelines and
orders governing prior contracts performed by the bidder.
"Responsive bid"
means a formal bid or informal bid submitted in response
to a city-issued notice inviting bids or request for bids, which meets
and conforms to the substantive requirements specified by the city
without material qualification or exception, as determined by the
city.
"Services"
means all services which are described in city specifications
or are in the nature of advertising, cleaning, gardening, insurance,
janitorial, leasing of goods, membership, postal, printing, security,
subscriptions, travel, utilities (electric, gas, telegraph, telephone,
transportation and water), weeding and discing, and the repairing,
maintaining or servicing of goods, but does not include professional
services, real property transactions, construction, nor employment
and collective bargaining contracts.
"Specifications"
means a city-issued or referenced definite, detailed written
description of the goods to be furnished, the services to be performed
or the construction work to be done and materials to be used under
a contract with the city, which specifies the composition, construction,
dimension, durability, efficiency, form, nature, performance characteristics
and standards, quality, shape, texture, type and utility of goods,
services or construction sought by the city.
"Surplus goods"
means any goods having a remaining useful life or salvage
value but which are no longer used, needed for use or retained for
potential use by the using agency which has care, custody or control
of them.
"Using agency"
means all city departments, institutions, offices, boards,
commissions, divisions, agencies and authorities which derive their
support totally or in part from city funds and for which the designee
is directed to procure goods, services, professional services, or
construction.
(Ord. 2073 § 2, 2022)
The designee has the responsibility and authority for the procurement
of goods, services and construction. The city manager, or such other
person as the city manager may delegate such authority, shall be the
purchasing designee of the city.
(Ord. 2073 § 2, 2022)
The purchasing designee shall have the authority to supervise
the inspection and testing of goods delivered to determine their conformance
with the specifications set forth in the purchase order or contract.
The purchasing designee shall have authority to require chemical and
physical tests of samples submitted with bids and samples of deliveries,
which are necessary to determine their quality and conformance with
specifications. Before payment is authorized, the satisfactory receipt
of goods shall be established as prescribed in the administrative
regulations governing the processing of purchase orders.
(Ord. 2073 § 2, 2022)
The offer of any gratuity to an official or employee by any vendor or contractor, or perspective vendor or contractor, shall be cause for declaring such individual or firm to be an irresponsible bidder as provided in Sections
2.40.070 and
2.40.080.
(Ord. 2073 § 2, 2022)
Goods, and services may be procured from any other governmental
agency with which the city has entered into a joint exercise of powers
agreement for such purpose, pursuant to the provisions of Section
6502 of the
Government Code, provided:
(a) The
sales price of the item to be purchased has been obtained through
the competitive bidding process conducted within a previous twelve-month
period, by the other agency; and
(b) The
purchase can be made by the other governmental agency upon the same
terms, conditions, and specifications at a lower price then can be
obtained by the city through normal purchasing procedures;
(c) The
city may combine its bidding or its purchases with those of another
governmental entity when economically advantageous to do so
(Ord. 2073 § 2, 2022)
Public works contracts will abide by the provision of Section
20160 et seq., of the
Public Contract Code of the state.
(Ord. 2073 § 2, 2022)