In order to establish efficient procedures for the purchase of supplies, equipment and services; secure supplies, equipment and services at competitive cost commensurate with quality and quantity needed; exercise positive financial control over purchases; clearly define accountability and authority for the purchasing functions; and ensure against favoritism in awarding purchasing contracts; the purchasing system set forth in this chapter shall govern the procedure for all purchases except as otherwise required by law.
For the purpose of this chapter, the definition of "purchasing authority" means the person(s) responsible for the procurement of supplies, equipment and services, in accordance with the provisions of this chapter.
As defined in Section 2.24.070 of this Code, authority and responsibility for the purchase of supplies, equipment, and services is vested in the City Manager. The City Manager may designate a person or persons in writing to serve as purchasing authority and delegate to such person(s) the duties and responsibilities imposed by this chapter. Purchasing authorization thresholds shall be established by Council resolution.
The City Manager shall approve policies and procedures that are appropriate and necessary to implement the provisions of this chapter. The policies and procedures shall be written in such a way to: (1) encourage open and competitive bidding; (2) provide equal opportunity based on merit; (3) ensure against favoritism in awarding purchasing contracts; (4) provide for efficient and timely acquisition of supplies, equipment, and services; and (5) provide effective fiscal controls.
Except where expressly exempted, all purchases and contracts governed by this chapter shall be by competitive bid. Purchases exempted from competitive bidding requirements set forth in this chapter include:
A. 
Professional and consultant services.
B. 
Information technology purchases and contracts.
C. 
Emergency purchases and contracts.
D. 
Cooperative purchases and contracts.
E. 
Sole source purchases and contracts.
F. 
Over-the-counter purchases and contracts.
G. 
Certain purchases and contracts as determined by the City Manager where the competitive bid process is impracticable.
The competitive bidding provisions of this chapter shall not apply to contracts involving the acquisition of professional or specialized consultant services. Selection for such service shall be on the basis of demonstrated competence, the professional qualifications necessary for the satisfactory performance of the professional services required and a fair and reasonable price proposal.
The acquisition of professional services for architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management is governed by California Government Code Sections 4525 through 4529.
The competitive bidding provisions of this chapter shall not apply to purchases and contracts involving the acquisition of information technology. Selection shall be on the basis of requirements and specific evaluation criteria which result in the best value to the City.
In the event of an emergency as determined by the City Manager which requires immediate action to ensure public health, safety, welfare and continuity of operations, the City Manager may cause the purchase of necessary supplies, equipment and services without competitive bidding for the purpose of responding to the emergency with unencumbered money, irrespective of whether the money has been appropriated for such purpose.
A full report of the circumstances of any such emergency purchase shall be presented to the City Council at the next available regularly scheduled City Council meeting.
(Ord. 2017-07)
The purchasing authority shall have the ability to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services by contract, arrangement or agreement pursuant to law and as determined by the purchasing authority to be in the City's best interest. The purchasing authority may buy directly from a vendor at a price established by another public agency when the other agency has made their purchase in a competitive manner.
If the City Manager determines that there is only one reasonably known capable supplier due to the unique nature of the requirements for the desired supplies, equipment or services, the City Manager may waive the competitive bidding requirements.
The price threshold and award authority for over-the-counter purchases and contracts shall be set by Council resolution. Comparative pricing is not required but shall be used whenever practical.
The price threshold and award authority for over-the-counter purchases and contracts shall be set by Council resolution. Open market purchases may be made without observing the formal contract procedures set forth in Section 7.18.110 of this chapter.
The purchasing authority shall solicit at least three written quotes from at least three prospective vendors.
A. 
Purchases and contracts of supplies, equipment and services having an estimated value equal to or greater than the price threshold specified by Council resolution for formal bid procedures shall be made by the purchasing authority in accordance with the procedures set forth in this chapter and any policies or procedures approved by the City Manager for the purpose of implementing this chapter.
B. 
The purchasing authority shall develop specifications for the desired supplies, equipment or services.
C. 
The purchasing authority shall issue a notice inviting bids which shall include, but is not limited to, the following:
1. 
The requirement that bids be in writing and sealed.
2. 
A general description of the item(s) or service(s) to be purchased.
3. 
The location where bid forms and specifications may be obtained.
4. 
The deadline and the time and place for opening bids.
5. 
The type and character of bidder's security required, if any.
D. 
Notice inviting bids shall be published in accordance with all legal and City policy requirements.
E. 
Sealed bids shall be opened at the time and place stated in the notice inviting bids.
F. 
The purchasing authority shall keep a record of all submitted bids in accordance with the City's retention policy.
For purchases and contracts subject to the competitive bidding requirements, the purchase or contract shall be awarded to the lowest qualified bidder in conformity with the specifications except as described below.
When a bid is recommended to be awarded to other than the lowest qualified bidder, written justification is required. The written statement must be signed by the City Manager and retained with the contract.
If no bids are received, the purchase may be made through negotiated contract or other process approved by the City Manager.
The purchasing authority may reject:
A. 
Any bid that fails to meet the bidding requirements in any respect.
B. 
All bids, for any reasons, with or without cause, and submit the supplies, equipment or service involved to a new bidding process or abandon the purchase.
Bidder's security may be required when deemed necessary by the purchasing authority. Bidders shall be entitled to return of bid security. However, a successful bidder shall forfeit his or her security upon refusal or failure to execute a contract within 15 days after notice of award of that contract, unless the City is responsible for the delay. The contract may be awarded to the next lowest qualified bidder upon the refusal or failure of the successful bidder to execute the contract within the time herein prescribed.
The purchasing authority may require as a condition to executing a contract on behalf of the City, a performance bond or a labor and material bond, or both, in such amounts as the purchasing authority shall determine appropriate to protect the best interests of the City. The form and amount of such bond(s) shall be described in the notice inviting bids.
With the exception of emergency procedures, as defined in this chapter, no purchase shall be made without prior budget authority.
No obligation for the payment of supplies, equipment or services shall be incurred by the City except as defined by this chapter. Any agreement for the purchase of equipment, supplies or services made contrary to the provisions of this chapter shall be void and any claim and demand against the City based thereon shall be invalid.