For purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Agency" and "using agency"
mean any department, agency, commission, bureau or other
unit of the city government which derives its support wholly or in
part from the city.
"Emergency purchase"
means an emergency purchase arising out of a situation in
which the delay in procurement of material, equipment or service may
jeopardize the life, health or safety of local citizens or city employees.
"Lowest responsible bidder"
means in addition to price, the lowest responsible bidder
will be determined after the following factors have been considered:
1.
The ability, capacity and skill of the bidder to perform the
contract or provide the service required;
2.
Whether the bidder has the facilities to perform the contract
or provide the service promptly, or within the time specified, without
delay or interference;
3.
The bidders' record of performance of previous contracts or
services;
4.
The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or service;
5.
The sufficiency of the financial resources and ability of the
bidder to perform the contract or service;
6.
The quality, availability and adaptability of the supplies,
equipment or services to the particular use required;
7.
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract;
8.
The number and scope of conditions attached to the bid.
"Open purchase order"
means an open purchase order document placed with a vendor
for a specified period of time which authorizes the delivery of specified
merchandise or the rendering of certain services at a specified price.
"Purchases"
means purchases of supplies, equipment and personal property
and includes leases or rentals as well as transactions by which the
city acquires ownership.
"Responsible bid"
means an offer submitted by a responsible bidder to furnish
supplies, equipment or services in conformity with the specifications,
delivery terms and conditions and other requirements including in
the invitation for bids.
"Responsible bidder"
means a bidder who submits a responsible bid and who is not
financially responsible but is possessed of the resources, judgment,
skill, ability, capacity and integrity requisite and necessary to
perform the contract according to its terms.
"Services"
means all services, including but not limited to the following:
the repair or maintenance of equipment, machinery and other city-owned
or operated property; and towel and cleaning services. Such term does
not include services rendered by city officers or employees nor professional
and other contractual services which are in their nature unique and
not subject to competition.
(Prior code § 2-9)
All purchases of supplies, services and equipment by the city
of Manteca shall be in compliance with the "Purchasing Procedures
Manual" which has been approved and adopted by resolution of the city
council. The city council from time to time, as it deems necessary,
may amend the "Purchasing Procedures Manual" by further resolution.
(Ord. 1056 § 2, 1997)
Public projects, as defined by the Act and in accordance with
the limits listed in Section 22032 of the
Public Contract Code, may
be let to contract by informal procedures as set forth in Section
22032, et seq., of the
Public Contract Code.
(Ord. O2019-03 § 1)
The agency shall comply with the requirements of Public Contract
Code Section 22034.
(Ord. O2019-03 § 1)
Where a public project is to be performed which is subject to
the provisions of this chapter, a notice inviting informal bids shall
be circulated using one or both of the following alternatives:
A. Notices inviting informal bids may be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section
3.24.040.
B. Notices
inviting informal bids may be mailed to all construction trade journals
as specified by the California Uniform Construction Cost Accounting
Commission in accordance with Section 22036 of the Public Contract
Code. Additional contractors and/or construction trade journals may
be notified at the discretion of the department/agency soliciting
bids; provided, however:
1. If
the product or service is proprietary in nature such that it can be
obtained only from a certain contractor or contractors, the notice
inviting informal bids may be sent exclusively to such contractor
or contractors.
(Ord. O2019-03 § 1)
The city manager or designee is authorized to award informal
contracts pursuant to this chapter.
(Ord. O2019-03 § 1; Ord. O2019-14 § 1)
An open purchase order may be placed with a vendor for a specified
length of time authorizing the purchase of materials or services.
A. Placement.
Open purchase orders shall be issued on a monthly basis, unless otherwise
specified, with vendors who deal with the city on a regular basis.
The open purchase order shall include a list of those employees authorized
to make purchases on the city's behalf.
B. Spending
Limit. Purchases on an open purchase order shall be limited to one
hundred fifty dollars per day per department. This is intended to
facilitate efficient operations in situations where personnel responsible
for repair work frequently find it necessary to purchase material
or services without the benefit of advance planning.
C. Invoice-Receipts.
The city employee authorized to make purchases on an open purchase
order shall acquire an invoice or receipt for the materials purchased.
It shall clearly list and describe the materials purchased, be dated
and the price fully detailed. The employee shall sign the invoice
or receipt and promptly deliver it to his or her department head.
The department head shall indicate on the invoice or receipt the appropriate
accounting clerk and initial and route it immediately to the finance
department for further processing.
D. Open
Purchase Order Exceptions.
1. The
following items shall not be purchased on an open purchase order:
a. Office furniture and equipment;
b. Industrial grade chemicals;
c. Tools, both power and hand types, regardless of cost;
d. Materials with value in excess of one hundred dollars;
e. Capital outlay and improvement items.
2. Each
department head shall be responsible for monitoring the volume of
open purchase orders made so as not to exceed budgetary appropriations.
(Prior code § 2-18)
The purchasing officer shall inspect supplies and equipment
delivered and contractual services performed, to determine their conformance
with the specifications set forth in the order or contract. The purchasing
officer shall have authority to require chemical and physical test
of samples of deliveries which are necessary to determine their quality
and conformance with specifications.
(Prior code § 2-19)
All using agencies shall submit to the purchasing officer, at such times and in such form as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies and equipment. Such sales shall be made pursuant to Section
3.24.020.
(Prior code § 2-19.1)
The purchasing officer of the city shall not sell any surplus
supplies or equipment of the city to any employee of the city. This
provision shall not apply to police canines that were purchased by
the city.
(Ord. 1246 § 2, 2003; Ord. 943, 1992)
Upon the retirement, from active service, of a police canine
that was purchased by the city, and with the written approval of the
police chief, the handler to which said canine is assigned may purchase
the canine from the city for the sum of one dollar. In the event the
handler does not want to purchase said canine or the purchase is not
approved then in that event the police chief shall dispose of said
canine.
(Ord. 1246 § 4, 2003)
By contract approved by the city council, any act authorized
or required by this chapter may be performed by another public entity
required by law to purchase supplies and equipment through a public
bidding process.
(Ord. 904 § 1, 1991)