Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter:
"Act"
means the Uniform Public Construction Cost Accounting Act found at California Public Contract Code Section 22000 et seq.
"Alternative procedure"
means purchasing materials, supplies, services (professional, consulting, public works, maintenance and other general services) or equipment by negotiated contract, purchase order or any other procedure outlined in the City's purchasing policies and procedures manual approved by the City Manager and consistent with this chapter. A type of alternative procedure may include, but is not limited to, what will be referred to as a "simplified pricing procedure" wherein the authorized contracting party, or designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the City.
"Authorized contracting party"
means the City official or body provided with authority under this chapter to approve or award a contract or to make a purchase, as well as to reject all bids when appropriate. Unless otherwise stated, the party authorized to approve or award a contract or to make a purchase shall have the authority to execute the associated purchase order, contract and/or agreement.
"City Engineer"
means either the City Engineer or the person delegated by the City Engineer to perform all or some of the duties prescribed in this chapter.
"City Manager"
means the City Manager or designee or person designated by the City Manager to perform all or some of the duties prescribed in this chapter.
"Commission"
means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010).
"Emergency"
for purposes of public projects shall have that meaning provided in California Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing or contracting purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the City.
"Facility"
means any plant, building, structure, ground facility, utility system (subject to the limitation found in California Public Contract Code Section 22002, subdivision (c)(3)), real property, streets and highways, or other public work improvement.
"General services"
mean all services performed by persons not in a professional occupation, including, but not limited to, contract services for park, electrical and computer repair, building, facility and vehicle maintenance, recreation programs, and other similar services which are not typical of professional services.
"Maintenance work"
shall have that meaning provided in Section 22002(d) of the Act, as that section may be amended from time to time. In addition and to the extent not inconsistent with Section 22002(d), maintenance work shall include, but shall not be limited to, the following:
1. 
Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
2. 
Minor repainting.
3. 
Street and highway maintenance, including utility patching, skin patching, crack filling, filling of pot holes, slurry sealing, edge grading, street striping, resurfacing of streets and highways at less than one-inch, sign replacement, sidewalk repair and replacement, curb and gutter repair and replacement, and street and traffic light repair and replacement. Maintenance work shall not include striping of a new street or highway.
4. 
Sewer maintenance, including foaming, video taping, cleaning and manhole restoration.
5. 
Traffic signal maintenance. Maintenance work shall not include installation of new traffic signals.
6. 
Storm drain related maintenance.
7. 
Landscape maintenance, including mowing, watering, trimming, pruning, planting, tree and plant replacement, irrigation and sprinkler system servicing, retrofit and repair, and landscape rehabilitation.
8. 
Maintenance of facilities, including roof repairs or replacements, heating and air conditioning repairs, and electric repairs.
9. 
Vehicle and equipment maintenance and repairs.
10. 
Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.
"Public project"
shall have that meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time. A public project shall not include maintenance work. In addition and to the extent not inconsistent with Section 22002(c), public project shall include, but shall not be limited to, the following:
1. 
Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility;
2. 
Painting or repainting of any publicly owned, leased, or operated facility; and
3. 
In the case of a publicly owned utility system, public project shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.
"Professional services"
means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, personnel, social services, animal control, legal, management, cable television, communication and other similar professional functions which may be necessary for the operation of the City.
"Public project formal bidding procedure"
means a procedure which meets the requirements of State and local law, including Section 22037 of the Act, this chapter and any policies and procedures approved by the City Manager consistent with this chapter.
"Public project informal bidding procedure"
means a procedure which meets the requirements of State and local law, including Section 22034 of the Act, this chapter and any policies and procedures approved by the City Manager consistent with this chapter.
"Purchasing officer"
means the City Manager or designee(s) as provided in Section 3.32.030. Pursuant to Section 3.32.030, the City Manager may change his or her designation at any time.
"Woodland formal bidding procedure"
means a procedure which meets the requirements of State and local law, including the Act, this chapter and any policies and procedures approved by the City Manager consistent with this chapter.
(Prior code § 17B-010)
A. 
The purpose of this chapter is to establish efficient procedures for the purchase of materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases. In addition, this chapter and the purchasing system it establishes are designed to provide appropriate procedures to implement the City's participation in the Uniform Public Construction Cost Accounting Act pursuant to California Public Contract Code, Section 22000 et seq.
B. 
A centralized purchasing division and purchasing system are hereby adopted and vested with the authority to govern the purchase of all City materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment.
(Prior code § 17B-020)
A. 
There is created the position of Purchasing Officer. The Purchasing Officer shall be the City Manager or designee. The City Manager may change his or her designation at any time. The duties of the Purchasing Officer may be combined with those of any other City office or position. The Purchasing Officer may delegate the duties of that position to one or more subordinate employees with the consent of the City Manager, each of whom shall be under the Purchasing Officer's supervision.
B. 
The Purchasing Officer shall be the head, and have the general supervision of all purchasing functions of the City. The Purchasing Officer shall direct and supervise the City's purchasing program. The Purchasing Officer shall endeavor to obtain full and open competition on all purchases to the extent possible. The Purchasing Officer shall establish methods and procedures for the efficient and economical functioning of the purchasing division.
C. 
Subject to the supervision of the City Manager (if the City Manager has delegated authority to act as Purchasing Officer), the Purchasing Officer shall have the authority to:
1. 
Purchase and Contract. Purchase or contract for materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment required by the City.
2. 
Negotiate and Recommend. Negotiate and recommend to the City Council execution of contracts for the purchase of materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment.
3. 
Purchasing Policies and Procedures Manual. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution and disposal of materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment for the City. To this end, the Purchasing Officer shall be responsible for developing and obtaining City Manager approval of a purchasing policies and procedures manual, which shall outline the policies and procedures necessary to implement the regulations of this chapter. Upon approval by the City Manager, the purchasing policies and procedures manual shall have the same force and effect as the provisions of this chapter.
4. 
Forms. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter.
5. 
Review Plans and Specifications. Review, or provide for the review of, the working details, drawings, plans and specifications for any projects or purchases requiring such review in this chapter.
6. 
Inspections and Testing. Inspect, supervise or provide for the inspection and supervision of purchased materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment to ensure conformity with any specifications established or required by the City. The Purchasing Officer or designee shall have authority to require appropriate testing of items delivered or samples to determine their quality and conformance with the specifications. Samples of items, when required, shall be furnished free of expense to the City and, if not destroyed by test, will be returned upon request at the bidder's expense.
7. 
Surplus Materials, Supplies and Equipment. As provided for in Section 3.32.150 below, transfer, sell, exchange or trade any materials, supplies, or equipment deemed to be surplus.
8. 
Bidder, Contractor and Vendor Lists and Catalogs. Develop and maintain, or provide for the development and maintenance of, any bidder's list, contractor's list or vendor's list and catalog file necessary to the operation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter. Each City department may have its own lists or catalogs. If the Purchasing Officer delegates the obligation to develop and maintain any list to another City employee, the Purchasing Officer shall retain final oversight authority and approval regarding how the list is developed and maintained.
(Prior code § 17B-030)
A. 
Applicability of Chapter. The purchasing regulations contained in this chapter shall apply to the purchase of materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment.
B. 
Basis of Awards. The City shall secure materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment at the lowest total cost commensurate with the quality and scope needed, and subject to any limitations imposed by State or Federal law. Notwithstanding the foregoing, although the City is not adopting the formal procedures outlined in Government Code Section 4525 et seq., the City shall secure professional services based upon demonstrated competence, professional qualifications and suitability for the project in general. The City may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances.
C. 
Purchasing Policies and Procedures Manual. The Purchasing Officer shall develop, for approval by the City Manager (if the City Manager has delegated authority to act as the Purchasing Officer), such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures shall be written and implemented in such a way to encourage open and competitive bidding, where appropriate, provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for efficient and timely acquisition of needed materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment, and provide effective fiscal controls.
D. 
Competitive Bidding. In purchasing, materials, supplies, services (professional, consulting, public works, maintenance and other general services) and equipment, the City shall make use of competitive bidding, both formal and informal, whenever required by law, this chapter, or any policies and procedures approved by the City Manager consistent with this chapter. Formal and informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to this chapter.
E. 
Unencumbered Funds. The Purchasing Officer shall not issue a purchase order for materials, supplies, services (professional, consulting, public works, maintenance and other general services) or equipment involving any project or purchase without an unencumbered appropriation in the fund account against which such purchase is to be charged except for the following:
1. 
In cases of emergency;
2. 
When specifically authorized by resolution or minute order of the City Council;
3. 
When the Purchasing Department acquires inventory for the warehouse that is not yet assigned to any department or fund; and
4. 
When using limited purchase orders, yearly purchase orders or blanket purchase orders, as those terms are defined in the purchasing policies and procedures manual.
F. 
Requisition Forms. The department responsible for a purchase shall submit requests for materials, supplies, services (professional, consulting, public works, maintenance and other general services) or equipment to the Purchasing Officer by standard requisition forms, or by other means as may be established by the purchasing policies and procedures manual.
G. 
Applicable State and Federal Law. The City shall comply with all applicable Federal and State laws for the particular purchase at issue, including, but not limited to, bidder's security and bonding requirements, as well as prevailing wage requirements.
H. 
Delegation of Purchasing Officer Authority. The Purchasing Officer, with approval of the City Manager, may provide written authorization to any department director to conduct a bidding process outside of the centralized purchasing system; provided, however, that such bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The Purchasing Officer, with approval of the City Manager, may rescind such authorization in writing at any time and for any or no reason.
I. 
Purchase Orders—Contract and Agreement Forms. The Purchasing Officer shall require: (1) all purchases for materials, supplies, services (professional, consulting, public works, maintenance and other general services) or equipment of $2,500.00 or more to be made with a purchase order; and (2) all purchases for materials, supplies, services (professional, consulting, public works, maintenance and other general services) or equipment equal to or more than $15,000.00 to be made with a purchase order and on an appropriate contract or agreement, the form of which shall be approved by the City Attorney. The City Attorney shall not need to review and approve as to form each executed contract or agreement; provided a City model approved as to form by the City Attorney is used without substantive modification.
J. 
Unlawful Purchasing Activities and Conflicts. The purchasing policies and procedures manual shall specifically prohibit practices which might result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit City officials, officers and employees from participating in the bidding or selection process when they have a relationship with a person or business entity seeking a contract under this chapter which would subject the officials, officers or employees to the prohibitions of Government Code Sections 1090 and 87100 et seq.
K. 
Records Retention. Unless the City's record retention schedule or State law requires a longer period, the Purchasing Officer shall keep a written record of all bids for a period of two years following the award of the purchase. If no purchase is awarded pursuant to a particular bid process, the Purchasing Officer shall still keep a written record of the bid information for a period of two years following the City's decision not to award the purchase.
L. 
State or Federal Funding. Any purchases made with State or Federal funds shall comply with all laws, rules and regulations made applicable by the funding source.
M. 
Delegation of Department Director Authority. Where indicated in this chapter, the department directors, with approval of the City Manager, may provide written authorization to any subordinate employees to exercise the director's purchasing authority; provided, however, that such delegation shall be pursuant to an authorized written signature authorization form/procedure approved by the Purchasing Officer, and the bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The department directors, with approval of the City Manager, may rescind such delegation in writing at any time and for any or no reason.
(Prior code § 17B-040; Ord. 1673 § 3, 2021)
A. 
$60,000.00 or Less. Public projects of $60,000.00 or less may be awarded by the Director of the department responsible for the project, or designee pursuant to Section 3.32.040, by any alternative procedure.
B. 
$60,001.00 Through $100,000.00. Public projects of more than $60,000.00, but less than or equal to $100,000.00 may, except as otherwise provided in this chapter or the Act, be awarded by the Community Development Director or the Public Works Director pursuant to the public project informal bidding procedure.
C. 
$100,001.00 Through $400,000.00. Public projects of more than $100,000.00, but less than or equal to $400,000.00 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Manager. All public projects more than $100,000.00, but less than or equal $200,000.00 shall be bid pursuant to the public project informal bidding procedure and all public projects of $200,000.00 or more shall be bid pursuant to the public project formal bidding procedure. If all bids received are over $200,000.00, the City Council may, with the approval of a four-fifths vote of those members present and without following the public project formal bidding procedure, award the contract in an amount not exceeding $212,500.00 to the lowest responsive and responsible bidder, so long as the City Council also determines that the City's cost estimate for the project was reasonable.
D. 
More Than $400,000.00. Public projects of more than $400,000.00 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the public project formal bidding procedure.
E. 
City Engineer Review of Plans and Specifications. The City Engineer shall review and approve the working details, drawings, plans and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the City's liability for dangerous conditions of public property.
F. 
City Council Review of Plans and Specifications. The City Council shall review and approve the working details, drawings, plans and specifications prepared for every public project of more than $400,000.00.
G. 
Award. Contracts for public projects of $60,000.00 or less, if awarded, may be awarded in the best interests of the City. Contracts for public projects of more than $60,000.00, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.
H. 
Dollar Limits and Change Orders or Amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in Section 3.32.130 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For public projects awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or designees shall have authority to approve contract amendments or change orders up to 25% of the original contract amount.
I. 
No Bid Splitting. The City shall not split a project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(Prior code § 17B-050; Ord. 1673 § 3, 2021)
A. 
$50,000.00 or Less. Maintenance work and other general services projects of $50,000.00 or less may be awarded by the Director of the department responsible for the project, or designee pursuant to Section 3.32.040, by any alternative procedure.
B. 
$50,001.00 Through $100,000.00. Maintenance work and other general services projects of more than $50,000.00, but less than or equal to $100,000.00 may, except as otherwise provided in this chapter or the Act, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
C. 
More Than $100,000.00. Maintenance work and other general services projects of more than $100,000.00, shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
D. 
Purchasing Officer Review of Plans and Specifications. The Purchasing Officer, or designee, shall review and approve the form of the working details, drawings, plans and specifications prepared for every maintenance work and other general services project.
E. 
Award. Contracts for maintenance work and other general services projects of $50,000.00 or less, if awarded, may be awarded in the best interests of the City. Contracts for maintenance work and other general services projects of more than $50,000.00, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.
F. 
Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the department director and City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend or renew such a contract, without obtaining the next highest approval authority (e.g., the City Manager for the department director and the City Council for the City Manager), when the award, amendment, extension or renewal will result in the City paying an aggregate amount in excess of the approval authority of the department director or City Manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase "same project" shall include an on-call or as-needed contract.
G. 
Dollar Limits and Change Orders or Amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in Section 3.32.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For maintenance and other general service projects awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or designees shall have authority to approve contract amendments or change orders up to 25% of the original contract amount.
H. 
Five-Year Term Limitation. No maintenance work or other general services contract shall extend for a period of more than five years, including any authorized extensions.
I. 
No Bid Splitting. The City shall not split a project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(Prior code § 17B-060; Ord. 1673 § 3, 2021)
A. 
$50,000.00 or Less. Professional services contracts of $50,000.00 or less may be awarded by the Director of the department responsible for the project, or designee pursuant to Section 3.32.040, by any alternative procedure.
B. 
$50,001.00 Through $100,000.00. Professional services contracts of more than $50,000.00, but less than or equal to $100,000.00 may, except as otherwise provided in this chapter or the Act, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
C. 
More Than $100,000.00. Professional services contracts of more than $100,000.00 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
D. 
Purchasing Officer Review of Scope of Services. The Purchasing Officer shall review and approve, or provide for the review and approval of, the scope of services prepared for every professional services contract.
E. 
Award. Contracts for professional services shall be awarded to the contractor who will best serve the interests of the City, taking into account the demonstrated competence, professional qualifications and suitability for the project in general. The City may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances.
F. 
Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the department director and City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services, or amend, extend or renew such a contract, without obtaining the next highest approval authority (e.g., the City Manager for the department director and the City Council for the City Manager), when the award, amendment, extension or renewal will result in the City paying an aggregate amount in excess of the approval authority of the department director or City Manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase "same project" shall include an on-call or as-needed contract.
G. 
Dollar Limits and Change Orders or Amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in Section 3.32.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For professional service agreements awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or designees shall have authority to approve contract amendments or change orders up to 25% of the original contract amount.
H. 
No Bid Splitting. The City shall not split a project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(Prior code § 17B-070; Ord. 1673 § 3, 2021)
A. 
$50,000.00 or Less. Purchases of materials, supplies and equipment of $50,000.00 or less may be awarded by the Purchasing Officer or the Director of the department responsible for the purchase, or designee pursuant to Section 3.32.040, by any alternative procedure.
B. 
$50,001.00 Through $100,000.00. Purchases of materials, supplies and equipment of more than $50,000.00, but less than or equal to $100,000.00 may, except as otherwise provided in this chapter or the Act, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
C. 
More Than $100,000.00. Purchases of materials, supplies and equipment of more than $100,000.00 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
D. 
Department Director Review of Specifications. The director of the using department shall review and approve, or provide for the review and approval of, the specifications prepared for every purchase of materials, supplies and equipment.
E. 
Purchasing Officer Review of Specifications. The Purchasing Officer, or designee, shall review and approve the form of all contracts for the purchase of materials, supplies and equipment.
F. 
Award. Contracts for the purchase of materials, supplies and equipment of $50,000.00 or less, if awarded, may be awarded in the best interests of the City. Contracts for the purchase of materials, supplies and equipment of more than $50,000.00, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.
G. 
Dollar Limits and Change Orders or Amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in Section 3.32.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For materials, supplies and equipment contracts awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or designees shall have authority to approve contract amendments or change orders up to 25% of the original contract amount.
H. 
Local Bidder Preference. In order to promote the economic health of the City and to encourage local participation in the procurement of materials, supplies, and equipment by the City, preference may be granted to responsible local vendors by an amount equal to five percent of the total bid price. The granting of this local vendor preference shall be based on a determination by the Purchasing Officer that quantity and quality of the local product is equal to that of the next lowest bidder. In determining which responsible bidder is the lowest bidder, the Purchasing Officer may deduct from the total price of each bid the amount of sales and use tax revenues that will be paid to the City on account of that portion of the bid price that is directly subject to the imposition of such taxes.
1. 
Definition. "Local vendor" means and refers to a supplier or provider of materials, supplies, and equipment that:
a. 
Has an established place of business within the City limits (a post office box is insufficient);
b. 
Has a current City business license;
c. 
Has paid all currently due business registration fees; and
d. 
Began doing business within the City at least one year prior to the City's inviting bids or quotations for the respective purchase.
2. 
Verification of Local Business Preference Eligibility. Any vendor claiming to be a local business shall so certify in the bid, in writing. The Purchasing Officer shall not be required to verify the accuracy of the claim but shall have sole discretion to determine if a vendor meets the definition of "local vendor" using the criteria set forth in this section. The decision of the Purchasing Officer that any person or business is not a local vendor shall be subject to appeal to the City Council within 10 days of notification of such decision by the Purchasing Officer.
3. 
Exceptions to Local Bidder Preference. The provisions of this section and the local bidder preference established pursuant to this section shall not be applicable to the following types of purchases:
a. 
Purchases or contracts for professional services;
b. 
Public projects, as defined in Section 3.32.010 of this code;
c. 
Emergency purchases;
d. 
Sole source purchases made by the City; and
e. 
Purchases made where legal constraints on the expenditure of funds prohibit the application of the local bidder preference, including Federal or State loan or grant funding, when such funding would be jeopardized by application of the local preference.
4. 
Findings. Whenever the Purchasing Officer awards a contract using the local vendor preference criteria specified in this Section 3.32.080(H), the Purchasing Officer shall include written findings to that effect in the notification to bidders.
5. 
Promulgation of Administrative Rules. The Purchasing Officer may adopt administrative rules supplemental to the provisions of this subsection H as necessary or appropriate to implement the local vendor preference program. Such administrative rules, if adopted, shall be provided to potential bidders, vendors, and contractors to the widest extent possible.
I. 
Recycled Products Preference. In order to promote the use of products containing recycled material, including post consumer material and secondary material, the City may take into consideration the percentage of recycled product in the materials, supplies or equipment being provided in determining the lowest responsive and responsible bidder. This section shall not be effective unless and until the Purchasing Officer adopts a written policy to implement its provisions, which policy shall be included in the City's purchasing policies and procedures manual. In addition, fitness and quality being equal, the City shall endeavor to purchase products containing recycled material instead of virgin products, whenever available at no more than the total cost of the virgin materials.
J. 
No Bid Splitting. The City shall not split a project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
K. 
Fleet Replacement Vehicles and Equipment. Notwithstanding anything to the contrary contained herein, the Purchasing Officer shall be the authorized contracting party for the replacement of a vehicle or other equipment on the City's annual vehicle/equipment replacement list, as approved through the budget process each year. The Purchasing Officer shall not make an award or approve such a purchase unless and until the applicable alternative procedure, non-public project informal bidding procedure or non-public project formal bidding procedure is followed.
(Prior code § 17B-080; Ord. 1673 § 3, 2021)
A. 
Uses of Formal Bidding Procedure. This formal bidding procedure shall be used whenever formal bidding is required for a public project.
B. 
Required Process. The formal competitive bidding procedure shall comply with all aspects of State and local law governing formal competitive bidding, including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, resolutions of the City Council as may be adopted from time to time, and policies and procedures as the City Manager may approve from time to time.
C. 
Notice Inviting Formal Bids. Notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. Notices shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. At a minimum, the notice inviting formal bids shall:
1. 
Describe the project;
2. 
State how to obtain more detailed information about the project;
3. 
State the date, time and place for the submission of sealed bids; and
4. 
Include any other information required by State or local law, as determined by the City Attorney.
D. 
Published Notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City.
E. 
Distribution of Notice Inviting Formal Bids. The notice inviting formal bids shall also be sent to those construction trade journals specified in Section 22036 of the Act.
F. 
Additional Notice. The City shall also provide any additional notice as it deems proper.
G. 
Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.
H. 
Confidentiality. Only sealed bids shall be accepted by the City. Sealed bids shall not be opened prior to the date of bid opening, as specified by the City in its notice inviting formal bids.
I. 
Bidder's Security. When required by applicable law or determined necessary by the Purchasing Officer or designee, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
J. 
City's Authority. The City may reject any or all bids received, and may waive any minor irregularities in each bid received.
K. 
No Bids Received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
L. 
Award of Contract. The contract shall be awarded in accordance with Section 3.32.050(G). If two or more bids are the same and the lowest, the City may accept the one it chooses.
M. 
Rejection of Bids. The City may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the City shall have the option of any of the following:
1. 
Abandon the project;
2. 
Readvertise for bids in the manner described in this chapter; or
3. 
By passage of a resolution by a four-fifths vote of the City Council, declare that the project can be performed more economically by the employees of the City and have the project done by force account.
(Prior code § 17B-090)
A. 
Uses of Public Project Informal Bidding Procedure. This informal bidding procedure shall be used when a public project is involved and informal bidding is permitted by this chapter.
B. 
Contractor List. The Purchasing Officer shall develop and maintain, or provide for the development and maintenance of, a list of qualified contractors, identified according to categories of work, as described in Section 22034(a) of the Act. The list shall be developed and maintained in accordance with criteria established by the Commission. In developing the list, the Purchasing Officer or designee shall obtain from the contractor's State license board and from the contractor's trade associations in the County, the names and addresses of qualified contractors located in the County.
C. 
Distribution of Notice Inviting Informal Bids. The Purchasing Officer shall provide a notice inviting informal bids. The notice inviting informal bids shall be mailed to either or both of the following:
1. 
All contractors on the qualified contractors list maintained pursuant to subsection B of this section; and/or
2. 
All construction trade journals specified in Section 22036 of the Act.
The notice inviting informal bids must be mailed not less than 10 calendar days before the bids are due.
D. 
Contents of Notice Inviting Informal Bids. At a minimum, the notice inviting informal bids shall:
1. 
Describe the project in general terms;
2. 
State how to obtain more detailed information about the project;
3. 
State the date, time and place for the submission of sealed bids; and
4. 
Include any other information required by State or local law, as determined by the City Attorney.
E. 
Proprietary Projects or Products. If the Director of the using department certifies that, to the best of his or her knowledge, the project, product or service is proprietary in nature and can be obtained only from one contractor, and that no equivalent projects, products or services are available, the notice inviting informal bids may be sent exclusively to such contractor.
F. 
Contents of Bid and Contract Documents. The contents and form of the bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney; provided, however, that the City Attorney need not review or approve the contents of the technical specifications, drawings and other technical documents.
G. 
Bidder's Security. When required by applicable law or determined necessary by the City Manager or Purchasing Officer, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
H. 
City's Authority. The City may reject any or all bids received, and may waive any minor irregularities in each bid received.
I. 
No Bids Received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
J. 
Award of Contract. The contract shall be awarded in accordance with Section 3.32.050(G). If two or more bids are the same and the lowest, the City may accept the one it chooses.
(Prior code § 17B-100)
A. 
Uses of the Non-Public Project Formal Bidding Procedure. A formal bidding procedure shall be used whenever formal bidding is required by this chapter and the project does not involve a public project.
B. 
Distribution of Notice Inviting Formal Bids or Request for Proposals. A notice inviting formal bids or a request for proposals, as appropriate, shall be published at least once and at least 10 calendar days before the date of opening the bids or proposals in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City. The notice inviting formal bids or request for proposals shall also be posted on the City's public bulletin board and provided directly to bidders, vendors or contractors on the City's approved list for the type of purchase at issue. The City shall endeavor to receive formal bids or proposals from at least three vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals shall be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder. If the Purchasing Officer and the Director of the using department certify that, to the best of their knowledge, there is no local source or local provider available for the project, the notice inviting bids or the request for proposals, as appropriate, may be distributed to a list of qualified vendors maintained by the Purchasing Officer and/or published in a trade journal appropriate to the project, in lieu of publication in a newspaper of general circulation.
C. 
Contents of Notice Inviting Formal Bids or Request for Proposals. At a minimum, the notice inviting formal bids or request for proposals shall:
1. 
Describe the project or purchase in general terms;
2. 
State how to obtain more detailed information about the project or purchase;
3. 
State the date, time and place for the submission of bids or proposals; and
4. 
Include any other information required by State or local law, as determined by the City Attorney.
All formal bids shall be sealed bids, but need not be publicly opened as is required by the public project formal bidding procedure.
D. 
Proprietary Projects or Sole Source Products. If the Director of the using department certifies that, to the best of his or her knowledge, the project, product or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting formal bids or request for proposals may be sent exclusively to such vendor or contractor.
E. 
Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.
F. 
Confidentiality. Only sealed bids shall be accepted by the City. Sealed bids shall not be opened prior to the date of bid opening, as specified by the City in its notice inviting formal bids.
G. 
Bidder's Security. When required by applicable law or determined necessary by the City Manager or Purchasing Officer, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
H. 
City's Authority. The City may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.
I. 
No Bids Received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
J. 
Award of Contract. The contract shall be awarded in accordance with Section 3.32.060(H), 3.32.070(G) or 3.32.080(H) as applicable. If two or more bids are the same and the lowest, the City may accept the one it chooses.
(Prior code § 17B-110)
A. 
Uses of Non-Public Project Informal Bidding Procedure. This informal bidding procedure shall be used whenever informal bidding is allowed for a purchase which does not involve a public project.
B. 
Distribution of Notice Inviting Informal Bids or Request for Proposals. A notice inviting informal bids or request for proposals, as appropriate, shall be provided. The notice inviting informal bids or requests for proposals shall be provided to at least three vendors or contractors, and the City shall endeavor to receive informal bids or proposals from at least three vendors or contractors.
C. 
Contents of Notice Inviting Informal Bids or Request for Proposals. At a minimum, the notice inviting informal bids or request for proposals shall:
1. 
Describe the project or purchase in general terms;
2. 
State how to obtain more detailed information about the project or purchase;
3. 
State the date, time and place for the submission of bids or proposals; and
4. 
Include any other information required by State or local law, as determined by the City Attorney.
D. 
Proprietary Projects or Sole Source Products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting informal bids or request for proposals may be sent exclusively to such vendor or contractor.
E. 
Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
F. 
Bidder's Security. When required by applicable law or determined necessary by the City Manager or Purchasing Officer, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
G. 
City's Authority. The City may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.
H. 
No Bids or Proposals Received. If no bids or proposals are received, the authorized contracting party may award the contract by any alternative purchasing procedure.
I. 
Award of Contract. The contract shall be awarded in accordance with Section 3.32.060(H), 3.32.070(G) or 3.32.080(H) as applicable. If two or more bids are the same and the lowest, the City may accept the one it chooses.
(Prior code § 17B-120)
In addition to the situations described in Section 3.32.050, competitive bidding, either formal or informal, is not required for public projects in the situations provided for in this section. The Purchasing Officer shall establish rules and regulations within the purchasing policies and procedures manual which are necessary to implement the provisions of this section. Under the conditions outlined herein and in the purchasing policies and procedures manual, any alternative procedure may be used.
A. 
Emergencies. In situations determined by the City Manager to constitute an emergency for a public project pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The City Council hereby delegates to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $175,000.00, pursuant to Section 22035 of the Act and California Public Contract Code Section 22050. Emergency expenditures of more than $175,000.00 shall first be approved by the City Council. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.
For projects of more than $45,000.00, a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a formal bidding procedure.
For projects of $45,000.00 or less, the City Manager shall have the authority to cause the Director of the department responsible for the project, or designee, to proceed by any alternative procedure pursuant to Section 3.32.050 above.
B. 
No Competitive Market. When the City Council determines, upon recommendation by the City Manager and Purchasing Officer, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.
C. 
No Bids Received. When no bids are received pursuant to either the public project informal bidding procedure or the public project formal bidding procedure.
D. 
Otherwise Authorized. Upon recommendation of the City Manager, Purchasing Officer and City Attorney, when otherwise authorized by this chapter or applicable law.
(Prior code § 17B-130)
In addition to the situations described in Sections 3.32.060 through 3.32.080, competitive bidding, either formal or informal, is not required for non-public projects in the situations provided for in this section. The Purchasing Officer shall establish rules and regulations within the purchasing policies and procedures manual which are necessary to implement the provisions of this section. Under the conditions outlined herein and in the purchasing policies and procedures manual, any alternative procedure, including no bidding, may be used with the City Manager's approval.
A. 
Emergencies. When the Purchasing Officer and the authorized contracting party, with the approval of the City Manager, determine that an emergency exists, as defined in Section 3.32.010.
B. 
No Competitive Market. When the Purchasing Officer and the authorized contracting party, with the approval of the City Manager, determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.
C. 
Competitive Bidding Already Completed. When the Purchasing Officer and the authorized contracting party, with the approval of the City Manager, determines that:
1. 
A competitive bid procedure has been conducted by another public agency, including, but not limited to, another local agency, the State through the California Multiple Award Schedule (CMAS), the Federal government through the General Services Administration (GSA), the U.S. Communities Government Purchasing Alliance or the Western States Contracting Alliance (WSCA); and
2. 
The price to the City is equal to or better than the price to that public agency.
D. 
State Purchase. When the purchase is made on behalf of the City by the State Department of General Services.
E. 
Purpose of Bidding is Otherwise Accomplished. When the Purchasing Officer and the authorized contracting party, with the approval of the City Manager, determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for non-public projects under this chapter.
F. 
No Bids Received. When no bids are received through the non-public project formal or informal bidding procedures.
G. 
Water. The City Manager is authorized to negotiate and execute, on behalf of the City, agreements with privately owned, Federally owned, State owned and locally owned utilities and agencies for the purchase and sale of water to deliver such water to the City or such other locations as may be appropriate without competitive bidding. The purchasing policies and procedures manual shall include a process by which the City Manager shall approve such purchases and sales through utilization of the competitive open market for such commodities.
H. 
Library Information Purchases. The Library Services Director is authorized to negotiate and execute, on behalf of the City, contracts for the purchase of library books, tapes, periodicals and other information delivery formats (e.g., microfilm, DVD, CD-ROM and internet information) without competitive bidding, so long as each purchase is in accordance with the budget approved by the City Council and there is an unencumbered appropriation in the fund account against which the purchase is to be charged. The purchasing policies and procedures manual shall include a process by which the Library Services Director approves such purchases in a manner which identifies a competitive price which is in the best interests of the City. The Library Services Director shall not be required to select the lowest price.
I. 
Mandated Expenditures. Expenditures mandated by law or regulation, such as County booking fees, waste disposal fees or other non-negotiable permit, use or application fees.
J. 
Otherwise Authorized. When otherwise authorized by this chapter or applicable law.
(Prior code § 17B-140)
A. 
Designations by City Departments. All City departments shall submit to the Purchasing Officer, at such times and in such form as he or she shall prescribe, reports showing all materials, supplies and equipment which are deemed by that department to be surplus, in that they are no longer used or are unsuitable for City use by that department.
B. 
Transfer Among Departments. The Purchasing Officer shall have the authority to transfer to another department any materials, supplies and equipment designated by a department as surplus.
C. 
Sale, Exchange or Trade. The Purchasing Officer or designee shall have authority to sell as surplus all materials, supplies and equipment which cannot be used by any department or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new materials, supplies and equipment. The sale of surplus materials, supplies and equipment shall be made by public auction pursuant to applicable law and any rules and regulations provided for in the purchasing policies and procedures manual. In addition, the Purchasing Officer may approve the sale of any surplus materials, supplies or equipment by means other than public auction, upon a finding that the sale in such alternative manner is in the best interests of the City and is supported by documentation sufficient to establish that the City is receiving compensation at least equal to the fair market value of the materials, supplies or equipment. The City Council shall approve by resolution any sale, exchange or trade of materials, supplies and equipment with an estimated value of $50,000.00 or more.
D. 
Abandonment or Destruction. Except as otherwise prohibited by applicable law, the City Manager shall have the authority to authorize the abandonment or destruction of materials, supplies and equipment which have no commercial value or which will require an expenditure of funds for continued care, handling, maintenance or storage which exceeds the estimated proceeds of sale. The authorization shall be in writing and shall be signed by the City Manager.
E. 
Donation. Except as otherwise prohibited by applicable law, the City Council may, by resolution, establish a procedure for the City Manager to approve the donation of materials, supplies and equipment which have no commercial value or which will require an expenditure of funds for continued care, handling, maintenance or storage which exceeds the estimated proceeds of sale. Donations may be made to charitable, civic or non-profit organizations, as well as other public agencies, and shall be done in a fair and equitable manner. In its resolution, the City Council shall establish rules and regulations to govern the fair and equitable donation of materials, supplies and equipment. The resolution shall also indicate that the City Manager shall not approve any donation without first making a finding that the materials, supplies and equipment are surplus to the needs of the City, that they either have no commercial value or will require an expenditure of funds for continued care, handling, maintenance or storage which exceeds the estimated proceeds of sale, and that the donation is in the best interests of the City.
F. 
City Officials and Employees. Surplus supplies and equipment may be sold to the public if so prescribed by the City Manager and/or the City Council. City officials and employees, and their immediate families, however, shall not be eligible to purchase such surplus items; provided, however, that retired service animals may be purchased by their primary handler.
(Prior code § 17B-150)