For the purposes of this chapter:
"Bid" or "sealed bid"
means offers submitted via the city's approved secure online purchasing system, in sealed envelopes, or otherwise secured to prevent the contents from being known prior to the submission deadline. This procedure is appropriate for higher-value purchases when exact specifications can be determined and the only significant variable is price.
"Competitive solicitation"
means any process, including a bid, quote or proposal, whether used alone or in combination, which provides all interested vendors a fair and equal opportunity to compete for the city's business.
"Department"
means, for the purposes of this chapter, the city's police department.
"Military equipment"
means the following:
1. 
Unmanned, remotely piloted, powered aerial or ground vehicles.
2. 
Mine-resistant ambush-protected vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. 
High mobility multipurpose wheeled vehicles, commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles and motorized dirt bikes are specifically excluded from this subdivision.
4. 
Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. 
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. 
Weaponized aircraft, vessels, or vehicles of any kind.
7. 
Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. 
Firearms of fifty caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. 
Ammunition of fifty caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. 
Specialized firearms and ammunition of less than fifty caliber, including assault weapons as defined in sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than fifty caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. 
Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. 
"Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. 
Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device.
14. 
The following projectile launch platforms and their associated munitions: forty millimeter projectile launchers, "bean bag," rubber bullet, and specialty impact munition weapons.
15. 
Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. 
Notwithstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
"Military equipment use policy"
means a publicly released, written document governing the use of military equipment by the department that addresses, at a minimum, all of the following:
1. 
A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. 
The purposes and authorized uses for which the department proposes to use each type of military item.
3. 
The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. 
The legal and procedural rules that govern each authorized use.
5. 
The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the department is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. 
The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the military equipment use policy.
7. 
For the department, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the department will ensure that each complaint, concern, or question receives a response in a timely manner.
"Proposal"
means an offer at set prices and terms or an offer to enter into a negotiated contract. This process is appropriate when the specification is for an end result rather than a specific product or process. Proposals are to be structured to present suggested processes, services or solutions that best serve the needs and interests of the city.
"Public project"
means a public works project as defined in section 20161 of Article 4 of the Public Contract Code, as that section may be amended, moved, or re-numbered from time to time.
"Quote"
means offers that are not required to be sealed or secured under this chapter. Such offers may be made by phone, fax, email, postal mail or other suitable means, as specified in the request for quotes or other solicitation for proposals, quotes, or similar responses. This procedure is appropriate for lower-value purchases and for obtaining budget estimates.
(Ord. 5119 § 3, 2022)
The city council hereby provides that the city is exempt from the application of section 20162 the California Public Contract Code, and said section shall not apply to requirements and procedures for bids, sealed bids, quotes, proposals, or competitive solicitation, in the purchasing of equipment, services, supplies, or other property, or for expenditures involving a public project, except as otherwise provided in this chapter.
A. 
Sealed bids shall be obtained for all purchases of equipment, services, supplies or other personal property in excess of seventy-five thousand dollars, for the purchase of any military equipment, and for all expenditures involving a public project in excess of the limits established in subsections (A)(1) through (3) below.
1. 
Public projects of fifty thousand dollars or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
2. 
Public projects of more than fifty thousand dollars and up to two hundred thousand dollars may be let by contract or purchase order after receiving not less than three written quotes.
3. 
Public projects of more than two hundred thousand dollars must, except as otherwise provided in this chapter, be let to contract by formal bidding procedure.
B. 
Sales and purchases of equipment, services, supplies or other personal property shall be by written contract with the lowest (in the case of purchases), or highest (in the case of sales), responsible bidder pursuant to the procedure prescribed by this chapter, unless waived pursuant to subsection (C) of this section.
C. 
Except as otherwise provided in subsection (D), the bidding procedures of this chapter may be waived, and an open market acquisition, sale, or purchase pursuant to section 3.20.110 of this chapter may be authorized by:
1. 
The city manager, or his or her designee, for all acquisitions, purchases, and sales not exceeding seventy-five thousand dollars, when:
a. 
The commodity or service can be obtained from only one source;
b. 
The commodity or service is required to match or be compatible with other furnishings, material, services, or equipment presently on hand, and is to be purchased from the supplier of such on-hand items;
c. 
The city manager or city council has ordered a standardized type or make of commodity; or
d. 
The city manager, or his or her designee, determines that due to special circumstances, it is in the city's interest to waive the bidding requirement;
2. 
The city manager, or his or her designee, for all expenditures not involving a public project, when an emergency requires that the commodity or services must be obtained from the nearest available source;
3. 
The city manager, or his or her designee, when services, supplies, or equipment may be acquired from or in cooperation with another governmental agency that is acquiring or has acquired services, supplies or equipment in a process that accomplishes the purposes of this chapter;
4. 
The city manager, or his or her designee, when services, supplies, or equipment may be acquired under a competitively-bid California state contract;
5. 
The city council, for all expenditures not involving a public project when any of the circumstances stated in subsections (C)(1) through (C)(4) of this section exist, or when the city council determines that due to special circumstances it is in the city's interest to waive the bidding requirement; or
6. 
The city council, for all expenditures involving a public project over the limits established in subsections (A)(1) through (A)(3) of this section, or if authorized by the Public Contract Code, the Government Code, or by the courts of this state.
D. 
The waiver of bidding procedures set out in subsections (C)(1) through (C)(4) are not applicable to the purchase of military equipment as that term is defined in this chapter.
E. 
Notwithstanding subsections (A) through (D), military items classified as "consumable ammunition or munitions" under the military equipment use policy, which were previously authorized by the city council, the city council gives the Department prior approval to purchase such items without returning to the city council in the following circumstance:
When stocks of consumable ammunition or munitions previously authorized by the city council have reached significantly low levels or are exhausted, the Department may resupply the consumable items in that calendar year without prior city council approval in order to maintain safe levels of essential and necessary availability of said ammunition or munitions.
(Ord. 5119 § 5, 2022; Ord. 5141, 2/27/2024)
A. 
When a public project in excess of two hundred thousand dollars is involved, notice inviting bids shall be published in accordance with section 20164 of the California Public Contract Code.
B. 
When public expenditures in any dollar amount relate to the acquisition of military equipment for department purposes, as those terms are defined in this chapter, the notice inviting bids shall be published in accordance with section 20164 of the California Public Contracts Code.
C. 
Other than contracts for public projects, and unless the bidding process is waived pursuant to section 3.20.010(C) of this chapter, notice inviting bids shall be made in accordance with applicable law and in the form and manner specified in this chapter. If the bidding process is waived pursuant to section 3.20.010(C)(1) of this chapter, or by the city council based on those circumstances listed in section 3.20.010(C)(5), the purchasing agent shall notify all qualified prospective bidders registered with the city no fewer than ten calendar days prior to the date set for submission of quotes or proposals.
(Ord. 5119 § 7, 2022)
Notice inviting bids under the provisions of this chapter shall include a general description of the articles to be purchased or sold. Such notice shall specify the place where bid blanks and specifications may be secured, the deadline for submission of bids, and the time and place for opening bids.
(Ord. 5082 § 3, 2019)
The purchasing agent shall, in addition to any other notices required under the provisions of this chapter, advertise pending purchases or sales by a notice posted on the city of El Cajon's official website.
(Ord. 5082 § 3, 2019)
The purchasing agent may solicit sealed bids for contracts under the provisions of this chapter from any responsible prospective suppliers whose names are on the bidders' list, those who have requested their names to be added thereto, or any other source that will ensure open competition.
(Ord. 5082 § 3, 2019)
A. 
When a public project in excess of two hundred thousand dollars is involved, security shall accompany the bid presented in accordance with sections 20170 through 20174 of the California Public Contract Code.
B. 
When no public project is involved, bidder's security is not required except when deemed necessary by the purchasing agent. In such case, it shall be prescribed in the public notices inviting bids under the provisions of this chapter. Bidders shall be entitled to return of such bid security; provided, however, that a successful bidder shall forfeit its bid security upon refusal or failure to execute a contract within ten days after the notice of award of a contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
(Ord. 5082 § 3, 2019)
Bids shall be submitted to the city, in the manner as specified in the notice inviting bids. Bids not required to be submitted through the city's approved secure online purchasing system shall be submitted on paper in a sealed envelope. Bids submitted on paper shall be delivered to the purchasing agent and shall be identified as bids on the envelope containing the same. A tabulation of all bids received shall be open for public inspection during regular business hours or on the city of El Cajon's official website for a period of not less than thirty calendar days after the bid opening.
(Ord. 5082 § 3, 2019)
If two or more bids received under the provisions of this chapter are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may accept the one it chooses.
(Ord. 5082 § 3, 2019)
The city council shall have authority to require a performance bond or labor and materials bond before entering into a public project contract under the provisions of this chapter. Any bond required for public project contracts shall be in an amount the city council finds reasonably necessary to protect the best interests of the city. If the city council requires a bond pursuant to this section, the form and amount of the bond(s) shall be described in the notice inviting bids, pursuant to section 3.20.020.
(Ord. 5082 § 3, 2019)
A. 
When authorized pursuant to section 3.20.010(C) of this chapter, a purchase or sale may be made on the open market. Whenever possible, such purchase or sale shall be based on a competitive solicitation process consisting of sealed bids, quotes, proposals, or other process, said processes being used alone or in combination.
B. 
The purchasing agent shall conduct the competitive solicitation process in accordance with generally accepted business practices, including telephone, facsimile, email, and secure internet purchasing system. Documentation of all purchases shall be maintained in an accessible format in accordance with the city's records management policy.
(Ord. 5082 § 3, 2019)
A. 
Except as provided in section 3.20.010(D), the city council authorizes the city manager, or his or her designee, to sign non-public contracts pursuant to section 40602 of the Government Code, when said contracts do not exceed the sum of seventy-five thousand dollars for the initial term of the contract. The city manager, or his or her designee, is also authorized to sign any amendments to non-public contracts to extend, or renew, additional terms that do not exceed a period of one year each, and do not exceed the sum of seventy-five thousand dollars each.
B. 
Except as provided in section 3.20.010(D), and within the same dollar amount set out in subsection (A) of this section, the city manager, or his or her designee, is authorized to participate in joint and cooperative nonpublic works contracts with the state of California, the county of San Diego, school districts, water districts, and such other agencies as the council may direct.
C. 
The city manager, or his or her designee, may sign contracts for all expenditures not involving a public project, when an emergency requires that the commodity or services be obtained from the nearest available source.
(Ord. 5119 § 9, 2022)
A. 
1. 
All contracts for public projects for more than the dollar amount established by subsection (A)(3) of section 3.20.010 must be awarded by the city council in accordance with applicable law.
2. 
Provided that all procedures and conditions to acquire military equipment as set forth in the approved military equipment use policy have been conducted and met, all contracts for the acquisition of military equipment may be awarded by the city council in accordance with applicable law.
B. 
Except as provided in subsection (A) of this section and section 3.20.010(D), above, all contracts for public projects and purchases of equipment, services, supplies, or other personal property up to seventy-five thousand dollars, may be awarded by the purchasing agent to the lowest responsive, responsible bidder in accordance with section 3.20.010 of this chapter, provided that all of the following conditions are met:
1. 
The items to be purchased were approved by council in the adopted budget.
2. 
The award is within the amount allocated by council for the purchase.
3. 
There are at least three responsive bidders.
4. 
The award is being made to the low bidder.
5. 
There has been no protest against the proposed award lodged with the city within five days of the bid opening.
(Ord. 5119 § 11, 2022)