(a)
To
establish policy and requirement for the procurement of goods, services
and construction by the city, whenever practicable and advantageous
to the city, be based on competitive procurement, whether by informal
procurement if permitted, or formal procurement if required, except
as otherwise provided in this chapter. Goods, services and construction
must be procured in compliance with this chapter.
(b)
As
public employees, city staff shall use their best unbiased judgment
every time money is expended, or action is taken on the city's behalf.
These activities are guided through the application and adherence
of the city Conflict of Interest Code, as amended from time to time,
and by the following commonly shared values and ethical standards
for dealing with vendors and clients:
(1)
Avoid unfair practices by granting all competitive contractors equal
consideration insofar as state, federal and city regulations require;
(2)
Conduct business in good faith, demanding honesty and ethical practices
from all participants in the purchasing process;
(3)
Decline personal gifts or gratuities from present or potential contractors
since this can influence or appear to influence procurement decisions;
(4)
Promote positive contractor relationships by affording contractor
representatives courteous, fair and ethical treatment;
(5)
Make every reasonable effort to negotiate equitable and mutually
agreeable settlements of controversies with a contractor(s);
(6)
Avoid involvement in any transactions/activities that could be considered
or even appear to be a conflict between personal interest and the
interests of the city;
(7)
Know and obey the letter and spirit of laws governing the purchasing
function and remain alert to the legal ramifications of purchasing
decisions; and
(8)
Enhance proficiency by acquiring and maintaining current technical
knowledge and pursuing related educational opportunities and professional
growth.
(c)
These
ethical standards are hereby adopted as policies of the city council.
All city staff engaged in the procurement process shall adhere to
these ethical standards. The designee shall ensure that all procurements
are conducted in a manner consistent with these ethical standards.
(Ord. 2073 § 2, 2022)
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:
means the city council when referencing procurement for the
city or for any using agency of the city.
means an offer or proposal submitted by a bidder setting
forth the price for the goods, services, or construction to be provided.
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.
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.
means the city of Glendora.
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.
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.
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.
means any person (as hereinafter defined) who enters into
a contract with the city.
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.
means the city's purchasing designee, who oversees and implements
the city's purchasing.
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."
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.
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.
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.
means supplies, materials, equipment and other things included
within the definition of "goods" in Section 2105 of the California
Uniform Commercial Code.
means funding from state, federal or other sources, which
require specific use of the funding provided to the city.
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.
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.
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.
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.
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.
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.
means any individual, partnership, limited partnership, association,
corporation, labor union, committee, club, governmental entity or
other entity recognized by California law.
mean buying, purchasing, renting, leasing or otherwise acquiring
or obtaining goods, services, or construction; this also includes
all functions and procedures pertaining thereto.
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.
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."
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.
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.
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.
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.
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.
means a bidder who is determined by the designee or the awarding
entity to be responsible based on the following criteria:
The bidder's ability, capacity and skill to perform the contract,
and to provide post-performance maintenance and repair;
The bidder's facilities and resources;
The bidder's character, integrity, reputation, judgment, experience
and efficiency;
The bidder's record of performance of prior contracts with the
city and others; and
The bidder's compliance with laws, regulations, guidelines and
orders governing prior contracts performed by the bidder.
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.
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.
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.
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.
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)
(a)
The
duties and responsibilities of the purchasing designee shall include,
but not limited to, the following:
(1)
Negotiate, process the purchase of, and contract for all goods, services
and construction needed by any city department or agency which derives
its support wholly or in part from the city; provided, however, that
any single expenditure in excess of twenty-five thousand dollars shall
require city council approval;
(2)
Make procurements in accordance with the purchasing procedures prescribed
by this chapter, relevant administrative regulations approved by the
city manager, and such rules and regulations as the purchasing designee
shall adopt for internal management and operations;
(3)
Act to procure for the city the needed goods, services and construction
with the necessary quality, capacity, safety performance ability and
overall cost, considering labor and maintenance costs and other applicable
factors required to meet the service objectives of the using department
or agency at the least expense to the city;
(4)
Discourage collusion in bidding and discourage vendor uniform bidding;
endeavor to obtain the most open competition possible on all purchases;
(5)
Prepare and recommend administrative regulations, including revisions
and amendments thereto, governing the procurement of goods, services
and construction for the city, which regulations shall be effective
upon approval by the city manager or designee;
(6)
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products;
(7)
Prescribe and maintain such forms as are reasonably necessary for
the operation of this chapter and other rules and regulations;
(8)
The purchasing designee is authorized to transfer between departments
or divisions with department head approval any unused goods and supplies
with;
(9)
The purchasing designee is authorized from time to time to sell or
exchange any and all equipment, materials, fixtures and other personal
property of the city having a salvage value and which is obsolete
or unserviceable, or is surplus to the city, or for which replacement
is to be purchased. The purchasing designee may sell the same for
the best price obtainable in the open market or, when he or she deems
it advisable, to the highest bidder at public sale, or he or she may
exchange the same for other property or for credit on other property.
In the event the purchasing designee determines that any such obsolete
or surplus property has no salvage value, he or she may dispose of
it as he or she deems advisable. Any employees involved in declaring
property surplus, or in the sale of said property, are excluded from
acquiring it in any way;
(10)
Prescribe, design and issue forms needed for the operation of this
chapter and other applicable rules and regulations;
(11)
By written authorization, grant authority to any department head
to purchase or contract for specified supplies and equipment; but
shall require that such purchases or contracts be made in conformity
with purchasing procedures established in this ordinance. At the discretion
of the purchasing designee, each department head shall perform the
duties and exercise the authority of the purchasing designee with
a limit on purchases from the same vendor, purchased on the same day,
to less than two thousand five hundred dollars in value, except to
the extent that the city manager reserves the duties and authority
to him or herself;
(b)
The
city manager is authorized to approve, execute, and bind the city
to:
(1)
Contracts and purchase orders for goods, services, professional services,
construction of fifty thousand dollars or less, entered into in accordance
with the policies and procedures outlined in this chapter; and
(2)
Such other contracts as are expressly approved by the city council
and the library board of trustees.
(c)
The
city manager is authorized to delegate such authority to his or her
designees, including among others, department heads, when the city
manager deems it is in the best interests of the city to do so.
(Ord. 2073 § 2, 2022)
(a)
The
purpose of the requisition is to inform the designee, in clear and
explicit terms, of the procurement needs and processes followed of
the using agencies, thus enabling the designee to oversee the procurement
of all goods, services, and construction required by the city. Except
as otherwise provided in this chapter, each using agency shall prepare
a purchase requisition and submit it to the designee to provide documentation
for the proper procurement process followed. Goods shall not be ordered
and/or received, and services, construction work shall not commence
until a requisition has been approved by the designee and a purchase
order has been issued. No requisition shall be broken into smaller
units to evade any requirement of this chapter, except that unrelated
items requisitioned by departments may be separated to provide different
lists to vendors dealing in different types of goods, services, and
construction.
(b)
All
procurement of goods, services, and construction shall be made by
purchase order. Certain procurements for services and construction
may have terms and conditions that govern those procurements stated
in contracts and in such case the purchase order will be utilized
to track and encumber funds. No purchase orders shall be required
for petty cash purchases or purchase card program purchases less than
an amount recommended from time to time by the administrative services
director and approved by the city manager.
(c)
Except
in cases of emergency procurement, no purchase order shall be issued
unless there exists an unencumbered appropriation in the fund account
against which the procurement is to be charged. Except for emergency
procurement, no goods, services, and construction work shall be ordered,
obtained or received without authorization by the designee, which
authorization shall be in the form of an executed or confirming purchase
order. The designee, or designees, shall be authorized to issue and
execute purchase orders in accordance with policies and procedures
established by the city manager from time to time, that are consistent
with this chapter.
(d)
Change
Orders. Modifications to a purchase order shall be made only by change
order. Subject to the availability of funds, change orders may be
utilized for purposes of: (1) adding and/or deleting quantity of items
being procured; (2) modifying unit prices; (3) modifying scope of
work/services being provided, where the modification is reasonably
related to the original scope of work/services; (4) changing funding
source(s); (5) modifying contract completion time or the term of an
contract; or (6) any other change approved by the designee. Unless
otherwise specifically authorized by the awarding entity, change orders
which cumulatively exceed the following will require awarding entity
approval:
(1)
Ten percent of the original contract price for contracts and/or purchase
orders up to fifty thousand dollars; additional percentage authority
may be authorized by the designee up to fifty thousand dollars or
as otherwise specified for in the administrative policy;
(2)
Any change order which causes the contract price to exceed fifty
thousand dollars, if the contract and/or purchase order was not previously
approved by the awarding entity;
(3)
Ten percent of the original contract price for contracts and/or purchase
orders previously approved by the awarding entity and the total change
order amount will not exceed fifty thousand dollars;
(4)
A contract amendment which extends the term of the agreement beyond
one year of the original expiration date;
(5)
Any change order which extends the time of completion beyond one
year of the original date.
(e)
Any
change order involving the modification of the scope of work/services
where the modification is not reasonably related to the original scope
of work/services, as determined by the designee, to the contract is
specifically prohibited. Except for construction contracts and purchase
orders, all change orders shall be by fully executed written amendment
to the procuring contract.
(Ord. 2073 § 2, 2022)
(a)
While
the need for emergency procurement is recognized, the practice shall
be curtailed as much as possible by anticipating needs so that normal
competitive procurement may be used.
An "emergency" shall be deemed to exist under any one or more
of the following circumstances:
(1)
A great public calamity;
(2)
An immediate need to prepare for national or local defense;
(3)
A breakdown in machinery, facilities or essential services which
requires the immediate procurement of goods, services or construction
to protect the public health, welfare, safety, property, or personal/confidential
information;
(4)
A using agency operation directly affecting the public health, welfare,
safety, the property, or personal/confidential information, is so
severely impacted by any cause that personal injury or property destruction
appears to be imminent and probable unless goods, services or construction
designed or intended to mitigate the risks thereof are procured immediately;
or
(5)
A using agency is involved in a city project, which is of such a
nature that the need for particular goods, services or construction
can only be ascertained as the project progresses and, when ascertained,
must be satisfied immediately for the protection of public health,
welfare, safety, property, or personal/confidential information.
(b)
Emergency
procurement may be initiated by the head of a using agency or his
or her duly authorized representative only as follows:
(1)
During normal city business hours, the individual shall contact the
purchasing designee and explain to the designee's satisfaction the
reasons and justification for emergency procurement. If the nature
of the emergency is such that goods, services or construction must
be procured immediately and the designee is satisfied with the explanation
of reasons and justifications given therefor, the designee shall authorize
the procurement and cause an emergency purchase order to be issued
as soon as possible and in no event later than the following business
day. A requisition confirming the procurement must be prepared by
the individual and submitted to the designee no later than the following
business day. Items exceeding fifty thousand dollars require city
council approval.
(2)
After normal city business hours, the individual shall exercise his
or her best judgment in ascertaining whether the actual circumstances
necessitate emergency procurement, and if deemed necessary shall order
it. As soon as possible and in no event later than the following business
day, the individual shall prepare a purchase requisition confirming
the emergency procurement and deliver it to the designee, who shall
then review and cause an emergency purchase order therefor to be prepared.
Upon designee concurrence, the word "confirmation" shall be clearly
imprinted on all purchase requisitions and purchase orders issued
in confirmation of emergency procurement. Items exceeding fifty thousand
dollars require city council approval.
(Ord. 2073 § 2, 2022)
(a)
Competitive procurement shall not be required in circumstances explicitly stated in this chapter; exceptions to competitive procurement will be included with each type of procurement under Section 2.040.050 (Emergency procurement), 2.40.090 (Procurement of goods), Section 2.40.100 (Procurement of services), Section 2.040.110 (Acquisition of construction services).
(b)
Deposits.
Contracting for professional services in which an applicant deposits
one hundred percent of the costs of such service and agrees to replenish
a deposit account for any additional costs incurred under the professional
service agreement. The professional services to be contracted shall
be contractually obligated to the city for purposes of oversight and
supervision, not the applicant, and no public funds will be a source
of any payment to the service provider under that specific contract.
The city attorney shall obtain a contractual termination clause stipulating
that should the applicant fail to replenish deposits that the city
may terminate the contract for work done to that date in all such
professional service related contracts.
(Ord. 2073 § 2, 2022)
(a)
For
the acquisition of goods, services and construction, informal procurement
will be conducted by the department, through the approval of the purchasing
designee and the designee's duly authorized representatives in a manner
and under circumstances intended to elicit competitive responses.
(b)
The
process, forms and systems used to conduct informal procurement, as
recommended by the designee and approved by the city manager, shall
be included in the city's administrative policy.
(c)
Informal
procurement may be conducted under the supervision of the designee
if the procurement expenditure is estimated to be fifty thousand dollars
or less, does not fall within the utility and library exception, and
does not involve the procurement of construction or goods of the type
required to be acquired by formal procurement.
However, informal competitive bidding shall not be required
for any purchase that has an estimated value of less than two thousand
five hundred dollars.
(d)
Competitive
procurement shall not be required for:
(1)
Advertising and publications;
(2)
City utility bills (e.g., water, electric, and gas);
(3)
Contracted recreation teachers;
(4)
Dues and memberships;
(5)
Fuel purchases and other commodities that are subject to market pricing;
(6)
Information technology software maintenance and license renewals;
(7)
Insurance, insurance adjusting, legal, and related services;
(8)
Leases;
(9)
Postage;
(10)
Professional development, training, and continuing education classes;
(11)
Professional recruitment services;
(12)
Rebates;
(13)
Temporary staff services to backfill vacant positions;
(14)
Travel and conference expenses.
(e)
The
water utility has a need for compatibility within their respective
systems for uniform operation, maintenance and replacement, and this
need can be met by procuring certain supplies, equipment, and materials
supplies through informal procurement or negotiated procurement.
(f)
If
it appears to the designee to be in the best interest of overall economy
and efficiency of the city to do so, and it is within existing budget
appropriation, the following supplies, equipment, and materials are
determined to be peculiar to the needs of the water utility, and may
be acquired by informal procurement or negotiated procurement, regardless
of their estimated procurement expenditure amounts, provided that
the city council shall have approved the proposed acquisition if required
under the provisions of this chapter, either by approval of the procurement
contract or approval of annual purchase orders:
(1)
Chemicals;
(2)
Dewatering equipment, parts and repairs;
(3)
Fire hydrants;
(4)
Water fittings, parts and supplies;
(5)
Meter, metering devices, meter parts and repairs;
(6)
Pipe and pipe fittings;
(7)
Pumps and repairs;
(8)
Road and backfill materials;
(9)
SCADA equipment;
(10)
Tubing, copper and plastic;
(11)
Valves and operators;
(12)
Well equipment (including incidental labor to install, which labor
shall not exceed the amount set by state law for which bids are required
for public works projects of a general law city);
(13)
Such other supplies and materials peculiar to the needs of the water
utility department, which are carried as inventory items.
(g)
The
following supplies, materials and services are determined to be peculiar
to the needs of the library department. If it appears to the designee
to be in the best interest of overall economy and efficiency of the
city to do so and is within existing budget appropriation, be acquired
by informal procurement or negotiated procurement, regardless of their
estimated procurement expenditure amounts, provided that the city's
board of library trustees or city council shall have approved the
proposed acquisition, either by approval of the procurement contract
or approval of annual purchase orders:
(h)
The
designee or department shall solicit informal bids by means of a written
or verbal request for bids, accompanied by city specifications, if
deemed necessary by the designee. Where the department seeks the procurement
of services or professional services, a request for proposal or request
for qualifications, as appropriate, may be issued. Responses to the
city's request for bids, proposals, or qualifications shall be in
writing, and documentation of responses shall be submitted to the
designee prior to payment by the administrative services department-finance
division.
(i)
The
designee may reject any and all informal bids submitted in response
to a request for bids and otherwise shall award all informal bids,
insofar as practicable, to the lowest bidder. The designee shall be
authorized to administer purchase orders for goods, services, and
construction awarded by informal procurement. Where the department
seeks the procurement of services or professional services through
request for proposals or request for qualifications, the informal
bid shall be awarded in accordance with the evaluation criteria set
forth in the request for proposals or request for qualifications.
(j)
The
provisions of Section 2.040.070 shall also apply to all contracts
for goods, services or construction awarded under informal procurement.
(k)
The
designee shall maintain and keep records of all informal procurements,
including informal bids received, in accordance with the applicable
city's record retention schedule adopted by the city council from
time to time.
(l)
All
communications from bidders shall be directed only to the city representative
and in the form as designated in the request for bids. Any communications,
whether written or verbal with any city councilmember or city staff
other than the city representative designated in the request for bids,
prior to the award of a contract, is strictly prohibited. Bidders
violating this section shall be disqualified from consideration and
rejected by the designee.
(Ord. 2073 § 2, 2022)
(a)
For
the acquisition of goods, services and construction, formal procurement
shall be conducted by the designee and the designee's duly authorized
representatives in conjunction with a department, or may be conducted
by the department, through the approval of the designee and the designee's
duly authorized representatives in a manner and under circumstances
intended to elicit competitive responses.
(b)
The
process, forms and systems used to conduct formal procurement, as
recommended by the designee and approved by the city manager, shall
be included in the city's administrative policy.
(c)
Formal
procurement shall be conducted under the supervision of the designee
if the procurement expenditure is estimated to be more than fifty
thousand dollars, except in those procurement situations described
in:
(d)
When
required by law, a notice inviting bids shall be published at least
once in a newspaper of general circulation in the city, the first
publication of which shall be at least ten days before the time and
date set by the designee for opening the formal bids received. All
other notices inviting bids or requests for bids shall be published
through the city bidding website for at least ten days before the
time and date set by the designee for opening the bids received, unless
otherwise exempted by the awarding entity. The notice shall include
a general description of the goods, services or construction sought
to be procured by the city, shall state where specifications therefor
may be obtained and shall set forth the time and place for a public
opening of formal bids received timely. The designee shall, in addition
and as practicable, solicit formal bids from a sufficient number of
responsible prospective bidders whose names appear on the bidders'
lists maintained pursuant to Public Contract Code hereof by causing
to be sent to them notification that will acquaint them with the procurement
items sought by the city. A notice inviting bids for the procurement
of services or professional services may be issued in the form of
a request for proposals or request for qualifications as deemed appropriate
by the designee.
(e)
Bids
and bid securities, which security shall guarantee the bid and be
forfeited to the city if the bidder is awarded the contract but fails
or refuses to honor the bid and execute the contract documents timely,
shall be submitted to the city in the following manner:
(1)
For formal procurement subject to PCC, the bids shall be: (A) submitted
in the manner required by the city as specified in the solicitation
document; (B) accompanied by the type and amount of bid security prescribed
by PCC; (C) sealed as prescribed in the notice inviting bids or the
specifications referenced in the notice; and (D) submitted to the
city's city clerk department within the time and in the manner specified
by the notice or specifications.
(2)
For formal procurement not subject to PCC, the bid shall be submitted
in the form required by the city, accompanied by the type and amount
of bid security specified, sealed, and submitted to the city clerk
department within the time and manner specified in the notice inviting
bids or the specifications referenced in the notice.
(f)
The
bids shall be opened and referenced as to bidder identity and amounts
bid in public at the time and place specified in the published notice,
and no bid shall be received or recognized by the finance division,
which has not been received prior to the time so specified. Bids submitted
in response to a request for proposals or request for qualification
shall be opened and evaluated in the manner provided in the request
for proposals for the request for qualifications. If, upon the opening
of bids to provide goods, services or construction not subject to
the provisions of PCC, the designee determines that the actual expenditure
therefor would appear to be twenty-five thousand dollars or less,
the designee may convert the formal procurement to informal procurement
procedures for award of a contract.
(g)
After
the bids have been opened and referenced, the designee shall cause
them to be tabulated or, in the case of a request for proposals or
request for qualifications, evaluated in accordance with the criteria
established therein.
(h)
The
designee may in their discretion reject any and all bids, or any segregable
portions thereof, for any one or more types of goods, services or
construction included in the specifications when the public interest
is served thereby, provided specifically that any potential award
does not otherwise require consideration by the awarding entity.
(i)
Contracts
procured through formal procurement shall be awarded by the awarding
entity to the lowest responsive and responsible bidder, except that:
(1)
Contracts procured through formal procurement may be awarded by the
designee where the procurement is made using cooperative procurement
methods and a supplemental appropriation is not otherwise required;
(2)
A contract for goods may be awarded to a local responsive bidder who is not the lowest responsive bidder pursuant to Section 2.40.090;
(3)
Contracts procured through formal procurement for services or professional
services, where a request for proposals or request for qualifications
was used to solicit bids, shall be awarded by the awarding entity
in accordance with the evaluation criteria set forth in the request
for proposals or request for qualifications.
(j)
All
contracts procured through formal procurement shall be approved as
to form by the city attorney and city council.
(k)
Contract
bonds executed by good and sufficient sureties authorized to conduct
surety business in the state of California and in such amounts as
are required by law or deemed adequate to insure the faithful performance
of a contract in the time and manner prescribed therein shall be required
of the successful bidder for all contracts over twenty-five thousand
dollars for construction, where they are required by law, and in other
instances as determined by the designee. Contract bonds requirements
shall be set out in the notice inviting bids or the specifications.
"Contract bonds" means performance bonds (or functional equivalent
such as supply bonds) to guarantee the contractor's faithful performance
of the awarded contract in the time, manner and workmanship specified
and payment bonds to guarantee the contractor's payment of claims
as prescribed in Section 9550 et seq., of the California Civil Code.
(l)
Contracts
procured through formal procurement shall not be assigned by the contractor
without the written consent of the city manager. In no event shall
a contract or any part thereof be assigned to a bidder who was declared
not to be responsive bidder during consideration of the bids submitted
in response to advertisement for that particular procurement.
(m)
The
designee shall maintain and keep records of all formal procurements,
including formal bids received, in accordance with the applicable
city's record retention schedule adopted by the city council from
time to time.
(n)
All
communications from bidders shall be directed only to the city representative
and in the form as designated in the notice inviting bids. Any communications,
whether written or verbal with any city councilmember or city staff
other than the city representative designated in the notice inviting
bids, prior to the award of a contract, is strictly prohibited. Bidders
violating this section shall be disqualified from consideration and
rejected by the designee.
(Ord. 2073 § 2, 2022)
(b)
The
process, forms and systems for the acquisition of goods, as approved
by the designee and city manager, shall be included in the city's
administrative policy.
(c)
Competitive
procurement through the informal procurement and formal procurement
process shall not be required in any of the following circumstances:
(1)
When an emergency arises and emergency procurement is undertaken pursuant to Section 2.40.050 hereof;
(2)
When the procurement involved is less than two thousand five hundred
dollars;
(3)
When the procurement can only be obtained from a sole source and
the designee is satisfied that the best price, terms and conditions
have been negotiated;
(4)
When the procurement can only be obtained timely from a single source
and the designee is satisfied that the best price, terms and conditions
for the procurement thereof have been negotiated;
(5)
When the procurement consists of replacement parts for the city's
vehicles and other motorized fleet related equipment;
(6)
When cooperative purchasing is available and undertaken or when goods
can be obtained through federal, state and/or other public entity
pricing contracts or price agreements;
(7)
Where payment for goods is to be made to a federal, state, and/or
other public entity;
(8)
When goods can be procured from a bidder who offers the same or better
price, terms and conditions as the bidder previously offered as the
lowest responsive bidder under competitive procurement conducted by
the city or another public agency, provided that, in the opinion of
the designee, it is in the best interests of the city to do so:
(A)
A copy of the solicitation has been obtained from the originating
city or public agency and reviewed by the purchasing designee for
compliance with this section;
(B)
The purchasing designee determines that the specifications of the
goods or services required by the city are not materially different
from those specified in the originating city's or public agency's
solicitation;
(C)
The selected bidder was selected in compliance with the competitive
bidding or proposal process requirements of such city or other public
agency;
(D)
The purchasing designee determines that the competitive bidding or
proposal process utilized is at least the same as that contained in
this section;
(E)
The purchasing designee determines that the competitive bidding or
proposal process utilized is at least the same as that contained in
this section;
(F)
The contract resulting from the original solicitation is current
or the solicitation is within two years from the date of the city's
order, or written justification is provided justifying use of an older
solicitation; and
(G)
The purchasing designee determines that, as a result of piggyback
purchasing, the price of the goods or services is lower than it would
be if purchased directly by the city pursuant to this chapter.
(10)
When the procurement is subject to subsection 2.40.070(e) and (f) of this chapter, which generally allows for items peculiar to the needs of the water utility to be made through Informal or negotiated procurement;
(11)
When the procurement is subject to subsection 2.40.070(g), which generally allows for books, journals, maps, publications and other supplies peculiar to the needs of the library to be made through informal or negotiated procurement;
(12)
When the procurement is for wholesale water commodity, and water
transmission purchases by or on behalf of the city's water utility
department;
(13)
When approved by the designee, the city requires goods not subject
to the PCC, which are of such a nature that suitable technical or
performance specifications describing them are not readily available
and cannot be developed in a timely manner to meet the needs of the
city, in which case the designee shall be authorized to negotiate
with any person or persons for the procurement thereof upon the price,
terms and conditions deemed by the designee to be in the best interest
of the city and in doing so may utilize informal procurement or negotiated
procurement process;
(14)
When the procurement is for the renewal of maintenance, license(s),
support, or a similar need for existing technology systems, including
hardware, and the items procured are from the owner/developer of the
software/hardware or from a sole source provider, and the designee
is satisfied that the best price, terms and conditions have been negotiated;
and
(15)
When the procurement is for the renewal of maintenance, license(s),
support, or a similar need for existing technology systems, including
hardware, and the items are procured from a vendor/reseller that was
originally selected based on the city's procurement standards, provided
that: (A) the contractor has been used continuously since such selection;
(B) if there are not any non-substantive changes to the procurement;
and (C) when it is determined by the designee to be in the best interests
of the city to do so;
(d)
When the procurement for goods are to be procured through the use of federal or state grant funding, procurement shall be done in accordance with the procedures herein. If the receipt of grant funding is conditioned upon requirements and procedures more strict than as set forth herein, the procedures necessary for the receipt of the grant funding shall be followed. Certain federally funded procurements are subject to Sections 200.317 through 200.327 of Title 2 of the Code of Federal Regulations (CFR). Federally funded procurements shall follow the applicable CFR provisions, except where this section provides for a stricter procedure, and then the provisions of this section shall apply. The department is responsible for compliance with all aspects of grant requirements and shall inform the designee of any and all grant requirements which affect the expenditure of grant funds and the procurement of goods, services, or construction with grant funds.
(e)
In
the designee's administration of competitive procurement pursuant
to this chapter, the designee shall be authorized to give such preferences
for goods, services or construction as required to give by applicable
state or federal law, or such preferences as are permitted by such
law and specifically provided for from time to time by city council
resolution or ordinance.
(f)
Local Preference. In the procurement of goods for the city's requirements, five percent preference shall be given to those vendors who have a local presence in the city of Glendora, provided that price, quality, terms, delivery and service reputation are determined to be equal by the designee under the criteria set forth in Section 2.40.080 hereof. To qualify as a local vendor, the bidder must certify to the following at the time of bid submission:
(1)
It has fixed facilities with employees located within the city limits;
(2)
It has a business street address within the city limits (post office
box or residential address shall not suffice to establish a local
presence);
(3)
All sales tax returns for the goods purchased must be reported to
the state through a business within the geographic boundaries of the
city and the city will receive a percentage of sales tax of goods
purchased as is allocable to the city from time to time under then
existing state law; and
(4)
It has a current city business license.
(g)
False
certifications shall be immediate grounds for rejection of any bid
or if the bid is awarded, grounds for voiding the bid, terminating
any contract, and seeking damages thereto. This local preference shall
not be applicable where otherwise prohibited by law, including, but
not limited to, procurements funded by utility rates and subject to
Proposition 218 and/or Proposition 26 and procurements funded by federal
grants.
(h)
Recycled
Goods Preference. In the procurement of goods for the city's requirements,
preference shall be given, as the city council from time to time hereafter
directs by resolution or ordinance, to recycled goods as defined and
provided for in such state legislation as the State Assistance for
Recycling (STAR) Markets Act of 1989 (commencing at Section 12150
of the California Public Contract Code) and the California Integrated
Waste Management Act of 1989 (commencing at Section 40000 of the California
Public Resources Code).
(Ord. 2073 § 2, 2022)
(a)
If
opportunities arise to purchase used equipment, such equipment may
be purchased without competitive bidding, provided all the following
conditions are met:
(1)
The equipment being sold is warrantied or, in the case of an "as
is, where-is" purchase, there is an inspection by a qualified party
who certifies that the condition of the item is acceptable and adequate
for efficient city use;
(2)
The dealer of the equipment is a bona-fide and reputable dealer as
verified through reference checks or the equipment is being purchased
from another governmental entity;
(3)
The selling price of the equipment is less than twenty-five thousand
dollars, including tax, installation, freight, and any other additional
acquisition costs;
(4)
If no bids are received from the formal bidding process for the purchase
of used equipment with a selling price of over twenty-five thousand
dollars, a written request to commence negotiation with a vendor(s)
must be submitted to the city manager for approval. Acceptance of
the contract is subject to city council approval.
(b)
Justification
for the sole source purchase of used equipment must be documented
and maintained as part of the procurement file.
(c)
It
is not allowable to purchase used equipment when procedures for the
acquisition of new equipment have been circumvented to avoid the competitive
bidding process.
(Ord. 2073 § 2, 2022)
(b)
The
process, forms and systems used in the acquisition of services as
approved by the designee and city manager, shall be included in the
city's administrative policy.
(c)
Competitive
procurement through the informal procurement and formal procurement
process shall not be required in any of the following circumstances:
(1)
When an emergency arises and emergency procurement is undertaken pursuant to Section 2.40.050 hereof;
(2)
When the procurement involved is less than two thousand five hundred
dollars;
(3)
When the procurement can only be obtained from a sole source and
the designee is satisfied that the best price, terms and conditions
for the procurement thereof have been negotiated;
(4)
When the procurement can only be obtained timely from a single source
and the designee is satisfied that the best price, terms and conditions
for the procurement thereof have been negotiated;
(5)
When the procurement consists of services needed for the replacement
parts for the city's vehicles and other motorized fleet related equipment;
(6)
When cooperative purchasing is available and undertaken or when services
can be obtained through federal, state and/or other public entity
pricing contracts or price agreements;
(7)
Where payment for services is to be made to a federal, state, and/or
other public entity;
(8)
When services, except for professional services, can be procured
from a contractor who offers the same or better price, terms and conditions
as the contractor previously offered as the lowest responsive bidder
under competitive procurement or negotiations conducted by the city
or another public agency, provided that, in the opinion of the designee,
it is in the best interests of the city to do so:
(A)
A copy of the solicitation has been obtained from the originating
city or public agency and reviewed by the purchasing designee for
compliance with this section;
(B)
The purchasing designee determines that the specifications of the
goods or services required by the city are not materially different
from those specified in the originating city's or public agency's
solicitation;
(C)
The selected bidder was selected in compliance with the competitive
bidding or proposal process requirements of such city or other public
agency;
(D)
The purchasing designee determines that the competitive bidding or
proposal process utilized is at least the same as that contained in
this section;
(E)
The purchasing designee determines that the competitive bidding or
proposal process utilized is at least the same as that contained in
this section;
(F)
The contract resulting from the original solicitation is current
or the solicitation is within two years from the date of the city's
order, or written justification is provided justifying use of an older
solicitation; and
(G)
The purchasing designee determines that, as a result of piggyback
purchasing, the price of the goods or services is lower than it would
be if purchased directly by the city pursuant to this chapter.
(10)
When the procurement is subject to subsection 2.40.070(e) and (f) of this chapter, which generally allows for items peculiar to the needs of the water utility to be made through informal or negotiated procurement;
(11)
When the procurement is subject to subsection 2.40.070(g), which generally allows for books, journals, maps, publications and other supplies peculiar to the needs of the library to be made through informal or negotiated procurement;
(12)
When approved by the designee, the city requires services not subject
to the PCC, which are of such a nature that suitable technical or
performance specifications describing them are not readily available
and cannot be developed in a timely manner to meet the needs of the
city, in which case the designee shall be authorized to negotiate
with any person or persons for the procurement thereof upon the price,
terms and conditions deemed by the designee to be in the best interest
of the city and in doing so may utilize informal procurement or negotiated
procurement process;
(13)
When the procurement is for the retention of outside legal counsel
and services;
(14)
When the procurement is for the retention of services associated
with litigation and/or claims, or 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;
(15)
When the procurement is by the city manager or designee for an interim
department head, interim assistant department head or an interim senior
management employee;
(16)
When approved by the designee and the procurement is for the hiring
of special instructors/performers, including, but not limited to,
classes offered by the community services departments.
(17)
When the procurement is for the annual maintenance, license(s), support,
or similar need for current technology systems, including hardware,
and the items procured are from the owner/developer of the software/hardware
or from a sole source provider, and the designee is satisfied that
the best price, terms and conditions have been negotiated;
(18)
When the procurement is for the renewal of maintenance, license(s),
support, or a similar need for existing technology systems, including
hardware, and the items are procured from a vendor/reseller that was
originally selected based on the city's procurement standards, provided
that: (A) the vendor has been used consecutively since then; and (B)
if there are any non-substantive changes to the procurement, the designee
is satisfied that the best price, terms and conditions have been negotiated;
(19)
When the competitive procurement of less than fifty thousand dollars
for professional services is waived with the written approval of the
city manager; and by the designee to be in the best interest of the
city and in doing so may utilize informal procurement or negotiated
procurement process.
(d)
When the procurement of services are to be procured through the use of federal or state grant funding, procurement shall be done in accordance with the procedures herein. If the receipt of grant funding is conditioned upon requirements and procedures more strict than as set forth herein, the procedures necessary for the receipt of the grant funding shall be followed. Certain federally funded procurements are subject to Sections 200.317 through 200.327 of Title 2 of the Code of Federal Regulations (CFR). Federally funded procurements shall follow the applicable CFR provisions, except where this chapter provides for a stricter procedure, and then the provisions of this chapter shall apply. The department is responsible for compliance with all aspects of grant requirements and shall inform the designee of any and all grant requirements which affect the expenditure of grant funds and the procurement of goods, services, or construction with grant funds
(Ord. 2073 § 2, 2022)
(a)
Acquisition
of construction services shall be completed in conformance with the
PCC code. Formal procurement process and awarding entity approval
shall be required for acquisition of all services above fifty thousand
dollars.
(b)
The
process, forms and systems used to acquire construction services,
as approved by the designee and city manager, shall be included in
the city's administrative policy.
(c)
Competitive
procurement through the informal procurement and formal procurement
process shall not be required in any of the following circumstances:
(1)
When an emergency arises and emergency procurement is undertaken
pursuant to article three hereof;
(2)
When the procurement involved is less than two thousand five hundred
dollars;
(3)
When the procurement can only be obtained from a sole source and
the designee is satisfied that the best price, terms and conditions
for the procurement thereof have been negotiated;
(4)
When the procurement can only be obtained timely from a single source
and the designee is satisfied that the best price, terms and conditions
for the procurement thereof have been negotiated;
(5)
When procurements are conducted by consultants on behalf of the city;
(6)
When construction services can be procured from a contractor who
offers the same or better price, terms and conditions as the contractor
previously offered as the lowest responsive bidder under competitive
procurement or negotiations conducted by the city or another public
agency, provided that, in the opinion of the designee, it is in the
best interests of the city to do so:
(A)
A copy of the solicitation has been obtained from the originating
city or public agency and reviewed by the purchasing designee for
compliance with this section;
(B)
The purchasing designee determines that the specifications of the
goods or services required by the city are not materially different
from those specified in the originating city's or public agency's
solicitation;
(C)
The selected bidder was selected in compliance with the competitive
bidding or proposal process requirements of such city or other public
agency;
(D)
The purchasing designee determines that the competitive bidding or
proposal process utilized is at least the same as that contained in
this section;
(E)
The purchasing designee determines that the competitive bidding or
proposal process utilized is at least the same as that contained in
this section;
(F)
The contract resulting from the original solicitation is current
or the solicitation is within two years from the date of the city's
order, or written justification is provided justifying use of an older
solicitation; and
(G)
The purchasing designee determines that, as a result of piggyback
purchasing, the price of the goods or services is lower than it would
be if purchased directly by the city pursuant to this chapter.
(7)
When cooperative purchasing is available and undertaken or when services
can be obtained through federal, state and/or other public entity
pricing contracts or price agreements;
(8)
Where payment for construction services is to be made to a federal,
state, and/or other public entity;
(9)
When the awarding entity waives bidding requirements when it is determined
by the designee to be in the best interests of the city to do so;
(10)
When approved by the designee, the city requires construction services,
which are of such a nature that suitable technical or performance
specifications describing them are not readily available and cannot
be developed in a timely manner to meet the needs of the city, in
which case the designee shall be authorized to negotiate with any
person or persons for the procurement thereof upon the price, terms
and conditions deemed by the designee to be in the best interest of
the city and in doing so may utilize informal procurement;
(11)
When the procurement for construction services are to be procured through the use of federal or state grant funding, procurement shall be done in accordance with the procedures herein. If the receipt of grant funding is conditioned upon requirements and procedures more strict than as set forth herein, the procedures necessary for the receipt of the grant funding shall be followed. Certain federally funded procurements are subject to Sections 200.317 through 200.327 of Title 2 of the Code of Federal Regulations (CFR). Federally funded procurements shall follow the applicable CFR provisions, except where this chapter provides for a stricter procedure, then the provisions of this chapter shall apply. The using agency is responsible for compliance with all aspects of grant requirements and shall inform the designee of any and all grant requirements which affect the expenditure of grant funds and the procurement of construction services with grant funds.
(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)
