A purchasing system is adopted in order to establish efficient
procedures for the acquisition of supplies, services, equipment, and
technology 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.
Approval of city budget appropriations by the city council authorizes
expenditure of city funds in accordance with that appropriation and
the established level of city services.
(Ord. 1500 § 1, 1988; Ord. 1874 § 3, 2019)
The city manager is designated as the purchasing officer for
the city of San Bruno. The city manager may delegate the duties of
purchasing to a purchasing officer or any other city employee. Within
those amounts permitted by this chapter, and in conformance with those
rules and procedures specified in administrative policy, the city
manager may delegate the duties of purchasing for a department to
that department head.
As the purchasing officer, the city manager shall have authority
to:
A.
Purchase
or contract for supplies, services, equipment, and technology required
by any using department in accordance with purchasing procedures prescribed
by this chapter, and such administrative regulations as the city manager
shall adopt for the internal management and operation of the purchasing
system and such other rules and regulations as shall be prescribed
by the city council;
B.
Negotiate
and recommend execution of contracts for the purchase of supplies,
services, equipment, and technology;
C.
Act
to procure for the city the needed quality in supplies, services,
equipment, and technology at least expense to the city;
D.
Discourage
uniform bidding and endeavor to obtain as full and open competition
as possible on all purchases;
E.
Prepare
and recommend to the city council rules governing the purchase of
supplies, services and equipment for the city;
F.
Supervise
the inspection of all supplies, services and equipment purchased to
insure conformance with specifications;
G.
Recommend
the transfer of surplus or unused supplies and equipment between departments
as needed and the sale of all supplies and equipment which cannot
be used by a department or which have become unsuitable for city use;
H.
Join
with other governmental agencies in joint purchasing and/or sale endeavors
where the purchasing procedures are consistent with state and federal
statutory or grant requirements and serve the city's interest in making
an efficient and economical purchase.
I.
Maintain
a bidder's list, vendors catalogue file, and records needed for the
efficient operation of the purchasing system.
(Ord. 1500 § 1, 1988; Ord. 1874 § 3, 2019)
A.
All
departments using centralized purchasing shall file detailed estimates
of their requirements in supplies, services and equipment in such
manner, at such time, and for such future periods as the city manager,
or his or her designee shall prescribe.
B.
Pursuant
to an adopted administrative policy, the city manager may authorize
any department to purchase or contract for specific supplies, services,
equipment, and technology independently of centralized purchasing.
(Ord. 1500 § 1, 1988; Ord. 1874 § 3, 2019)
A.
Purchases
of supplies, professional and special services, non-professional services,
equipment, and technology may not be made by purchase order unless
within the stated limit specified in the administrative policy of
the city of San Bruno as may be amended from time to time.
B.
All
other city purchases shall be by written contract or as provided in
the city's administrative policy as may be amended from time to time.
(Ord. 1500 § 1, 1988; Ord. 1874 § 3, 2019)
A.
The
city shall engage in a selective process when seeking to retain specially
trained persons or firms to provide professional services such as
architecture, engineering, surveying and construction management and
special services such as financial, economic, accounting, economic,
legal and administrative or other matters involving specialized expertise
or unique skills.
B.
Where
possible and appropriate, the city shall make reasonable efforts to
obtain more than one proposal in a fair and equitable process. The
method and details of these procedures shall be outlined in administrative
regulations of adopted by the city.
(Ord. 1874 § 3, 2019)
A.
"Act"
"Commission"
"Facility"
"Public project"
1.
2.
3.
4.
a.
b.
c.
d.
e.
Definitions.
For the purposes of this article the following words and phrases shall
have the following meanings:
means the Uniform Cost Accounting Act (UCAA) (California
Public Contracts Code Section 22000, et seq.).
means the California Uniform Construction Cost Accounting
Commission.
means any plant, building, structure, ground facility, utility system, subject to the limitation of subsection (4) of the definition for public project below, real property, streets and highways, or other public work improvement.
means any of the following:
Construction, reconstruction, erection, alteration, renovation,
improvement, demolition and repair work involving any city owned,
leased or operated facility;
Painting or repainting of any city-owned, leased, or operated
facility;
In the case of a city-owned utility system, "public project"
shall include only the construction, erection, improvement, or repair
of dams, reservoirs, power plants, and electrical transmission lines
of two hundred thirty thousand volts and higher;
"Public project" does not include maintenance work. For purposes
of this section, "maintenance work" includes all of the following:
Routine, recurring and usual work for the preservation or protection
of any city-owned or city-operated facility for its intended purposes,
Minor repainting,
Resurfacing of streets and highways at less than one inch,
Landscape maintenance, including mowing, watering, trimming,
pruning, planting, replacement of plants, and servicing of irrigation
and sprinkler systems,
Work performed to keep, operate, and maintain city owned water,
power or waste disposal systems, including, but not limited to, dams,
reservoirs, power plants and electrical transmission lines of two
hundred thirty thousand volts and higher.
B.
Public
Projects Contracting Procedures. The city shall follow the contracting
procedures set forth in Article 3 of the Uniform Public Construction
Cost Accounting Act (Section 22030, et seq., of the Public Contracts
Code).
C.
Contractors
List. The public works director shall compile and maintain a list
of qualified contractors identified according to categories of work.
This list shall comply with the requirements of the Act and the criteria
promulgated, from time to time, by the commission.
D.
Informal
Bidding. Notice.
1.
When
a public project is to be performed which qualifies for informal bidding,
notice of such project shall be given as follows except where the
product or service is proprietary:
a.
Mailed notice shall be sent to all contractors on the contractors
list for the category of work being bid; and
b.
Mailed notice shall be given to all construction trade journals specified
by the commission for the receipt of such notice for San Mateo County;
c.
Additional notice to other contractors and/or trade journals may,
in the discretion of the city, be given.
2.
If
the product or service to be acquired is proprietary in nature such
that it can only be obtained from a certain contractor or contractors,
notice inviting bids may be sent only to such contractor or contractors.
3.
All
mailing of notices to contractors and construction trade journals
shall be completed not less than ten days before bids are due.
4.
The
notice shall describe the project in general terms, how to obtain
more detailed information about the project and shall state the time
and place for submission of bids.
E.
Award
of Contracts. Subject to the city manager's overall contract authority,
the city manager is authorized to award contracts for public projects
of two hundred thousand dollars or less or the amount as specified
in the Act for project projects which are subject to informal bidding.
F.
Rejection
of Bids. The city manager or the city council, as the case may be,
may, in the manager's or council's discretion, reject all bids and
proceed as authorized by the Act.
G.
Approval
of Plans and Designs. The city engineer, or designee, is authorized
to approve plans and designs, and all amendments and addenda thereto,
for performance of a public project of the city.
(Ord. 1500 § 1, 1988; Ord. 1656 § 2, 2002; Ord. 1874 § 3, 2019)
The responsibility for the inspection, testing and acceptance
of all supplies, equipment, technology and contractual services performed
shall rest with the purchasing department or purchasing agent concerned.
(Ord. 1500 § 1, 1988; Ord. 1874 § 3, 2019)
The purchases of supplies, services, equipment, and technology
shall not be split or separated into smaller orders for the purpose
of evading the competitive bidding provisions of this chapter.
(Ord. 1874 § 3, 2019)
Following the award of a contract for supplies, services, equipment,
and technology or public project, such contract may be amended by
the issuance of a change order provided the change which is the subject
of the amendment is reasonably related to the scope of the original
contract. The city manager will maintain control relative to the scoping,
estimating and negotiating of the proposed change(s) and the finance
director will certify the availability of funds for the proposed change
in the event that the change order increases the contract cost. The
total contract budget may include a council authorized contract contingency.
Any change order that exceeds the authority limits granted herein
or within an administrative policy with respect to purchasing procedures
shall be submitted to the city council for approval.
(Ord. 1874 § 3, 2019)
To foster greater economy and efficiency, the city may avail
itself of state and local intergovernmental agreements for procurement
or use of common goods and services. Joint procurements, state cooperative
purchasing programs, and assignment of existing contract rights ("piggyback
procurements") with other public agencies may be used when consistent
with applicable state and federal statutory or grant requirements.
The city manager is empowered and authorized to act under the provisions
of this chapter to procure for the city supplies, services, equipment,
and technology in conjunction with such voluntary cooperative purchasing
agreements or programs which may be available and advantageous to
the city. This authority includes the authority to act as lead agency
when appropriate.
(Ord. 1874 § 3, 2019)
A.
Emergency
Procedures. In accordance with Public Contract Code Sections 20168
and 22050, in the case of an emergency, the city manager may repair
or replace a public facility, take any directly related and immediate
action required by that emergency, and procure the necessary supplies,
services, equipment, and technology for those purposes, without giving
notice for bids to let contracts.
"Emergency" as used in this chapter as defined in Public Contract
Code Section 1102, means a sudden, unexpected occurrence that poses
a clear and imminent danger, requiring immediate action to prevent
or mitigate the loss or impairment of life, health, property, or essential
public services.
The city manager must report such emergency to the city council
no later than seven days after the action, or at the next regularly
scheduled city council meeting, provided it is no later than fourteen
days after the emergency action was taken. The city manager's report
must explain why the action was necessary to respond to the emergency
and why the emergency did not permit a delay resulting from a competitive
solicitation for bids. The city council shall review the emergency
action and determine by a four-fifth's vote whether such emergency
action is still needed.
B.
Sole
and Single Source (Noncompetitive). The city is not required to engage
in the competitive bidding process when procuring supplies, services,
equipment, and technology for which there exists only a sole source
of supply as documented by the city manager acting within his/her
procurement authority.
C.
Discretion
to Waive Competitive Process. The city council may waive the requirements
for formal competitive bidding or other procedures set forth in this
chapter, in limited circumstances and when permissible under applicable
law, when the city council determined that such waiver serves the
best interests of the city because competitive bidding would frustrate
or undermine the public policy goal of such process.
(Ord. 1874 § 3, 2019)
Nothing in this chapter shall preclude the city from utilizing
the design-build project delivery method where authorized by and in
accordance with the provisions and requirements set forth in Public
Contract Code Section 22160, et seq., as it may be amended from time
to time.
(Ord. 1874 § 3, 2019)
To the extent they are not otherwise governed by city policies,
concession agreements are contracts where the city grants permission
to use city facilities or property to vendors to sell products or
services, for which the city receives a percentage of the proceeds
and/or a flat rate of compensation. Generally, these arrangements
are at no direct cost to the city or cost are minor and incidental.
Where it is determined that a number of potential vendors are
available to provide similar products or services, a competitive negotiations
procedure should be followed, and the city manager may award a contract
to the highest ranked proposer, taking into consideration the economic
return to the city, quality of the product, service and experience
of the vendor. The city council shall approve revenue generating/concessions
contracts that exceed the city manager's contract authority.
(Ord. 1874 § 3, 2019)
Any individual or business entity aggrieved by any purchasing
decision or public project contract executed by a department head,
or designee of such department head may seek administrative review
by the city manager.
A.
Such
review may only be initiated by an individual or business entity with
a financial interest in the purchasing decision.
B.
The
aggrieved individual or business entity, or their authorized agent
or representative, must file a written appeal with the city manager,
stating the nature of the complaint, identifying the reason or reasons
for such complaint, and explain the remedy they are seeking by way
of their review, and giving a return address for a response.
C.
Such
written review must be delivered or postmarked no later than five
business days following the date of the purchasing decision that is
administratively appealed.
D.
Upon
consideration, the city manager will, in writing, rescind, confirm,
or modify the subordinate purchasing decision made; and a copy of
such written determination shall be mailed to the appellant.
E.
2.
Administrative appeals to the city council pursuant to Chapter 1.32 of this city code may be made:
a.
In public project contracts or purchasing decisions where the amount
involved exceeds the limits set in subsection (E)(1), above;
b.
In public project contracts or purchasing decisions where the city
manager has made the original purchasing decision;
c.
In every instance where the administrative review by the city council
is required by law.
(Ord. 1500 § 1, 1988; Ord. 1874 § 3, 2019)
