For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Responsible bid.
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 included in the invitation for bids.
Responsible bidder.
A bidder who submits a responsible bid, and who is not only 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.
(Code 1964 § 2-3.108)
A purchasing system is hereby adopted to govern purchases of supplies, services and equipment required by any department of the city, to establish bidding regulations therefor, to provide for the sale of supplies or equipment and to define the authority for the purchasing function. These purchasing procedures are expressly inapplicable to the obtaining of professional services.
(Code 1964 § 2-3.101; Ord. 1433 § 1)
There is hereby created and established the office of purchasing officer for the city. The city manager shall be the purchasing officer.
(Code 1964 § 2-3.102)
Purchasing procedures are hereby established to be used by the purchasing officer, pursuant to this article.
(a) 
Department heads shall be required to file detailed estimates of future requirements for supplies, services and equipment in time, manner and form as requested by the purchasing officer.
(b) 
Department heads may be authorized by the purchasing officer to purchase or contract for supplies, services and equipment as approved and appropriated by the annual budget process. Reports of such purchases shall be made available to the purchasing officer through the city accounting system, or as the purchasing officer shall direct.
(c) 
Requests for supplies, services and equipment shall be submitted by requisition to the purchasing officer or department heads by authorized employees, unless the department head is not authorized under subsection (b) of this section.
(d) 
Written quotations shall be obtained for prospective purchases of supplies, services, equipment, and sale of personal property, unless:
(1) 
The amount is less than one thousand dollars;
(2) 
Purchase is clearly possible from one source only; or
(3) 
Operational urgency is such that an immediate order must be placed with the nearest capable vendor.
(e) 
Purchases of supplies, services and equipment shall be made only by purchase order.
(f) 
Additional guides, forms and regulations shall be prescribed by the purchasing officer as necessary.
(Code 1964 § 2-3.103; Ord. 1244 § 1)
Expenditures exceeding fifty thousand dollars for supplies, services and equipment other than for a public project and the sale of personal property of an estimated value greater than one thousand dollars shall be by written contract pursuant to the following procedures:
(a) 
A notice inviting bids shall be published in a newspaper of general circulation at least once describing the supplies, services, or equipment to be purchased or sold, indicating the date and location of opening of the bids and the location where bid forms and specifications may be secured. Bids shall be solicited also from responsible prospective suppliers or contractors.
(b) 
When deemed necessary by the purchasing officer, bidder's security may be prescribed in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within the period specified in the award of contract, unless the city is responsible for the delay.
(c) 
Sealed bids shall be submitted to the city clerk and shall be identified as bids on the envelopes. Bids shall be opened in public as stated in the public notice. A tabulation of all bids shall be included in the city council minutes.
(d) 
In its discretion, the city council may reject any and all bids and readvertise. In the case that no bids are received, the city council may direct the purchasing officer to proceed in any manner deemed necessary.
(e) 
Contracts shall be awarded by the city council to the lowest bidder, unless it is found by the city council that it would be in the public interest to accept other than the lowest bid due to the differences in quality, materials or services offered in the bid. In the case of tied bids, the city council shall make a decision to award the contract after negotiation with each of the tied bidders.
(f) 
The city council may require that a performance bond be provided before entering into a contract with a successful bidder. The form and amount of the bond shall be described in the notice inviting the bids.
(Code 1964 § 2-3.104; Ord. 414 § 1; Ord. 603 § 1; Ord. 857 § 1; Ord. 1433 § 2; Ord. 1846 § 1; Ord. 2319, 2008)
Purchases of professional services up to fifty thousand dollars may be approved by the city manager. Purchase of professional service exceeding fifty thousand dollars shall be approved by the city council. All such contracts shall be by written contract. The city manager may establish procedures for the acquisition of professional services.
(Ord. 2417 § 1, 2013)
In computing bids or quotations on all materials, supplies, and services to be purchased by the city, preference may be granted to responsible local vendors by an amount equal to five percent of the net bid. The granting of this vendor's preference shall be based on a determination by the purchasing agent that quantity and quality of the local product is equal to that of the next lowest bidder. This local vendor preference is expressly made inapplicable to bids for public projects, as defined by Public Contracts Code Sections 20161 and 22002.
(Ord. 1433 § 3)
The city shall comply with 14 CCR Sections 18993.3 and 18993.4 and Public Contract Code, Chapter 3.5. Recycled Product Procurement Mandates Pertaining to Local Governments Division 2. Part 3. Chapter 3.5, Sections 22150–22154.
(a) 
Definitions.
Recycled product.
Goods or materials that meet the requirements identified in Public Contract Code Section 12209, including any good or material that has been reused or refurbished without substantial alteration of its original form and paper products, and printing and writing paper.
Recovered material.
Material and byproducts which have been recovered or diverted from the solid waste stream, but such term does not include those materials and byproducts generated from, and commonly reused within, an original process (such as mill broke). This term includes material defined as postconsumer material.
Postconsumer material.
Postconsumer materials are those recovered materials which have served their intended uses and have been separated and diverted from the solid waste stream for the purposes of collection and recycling. These do not include manufacturing wastes.
Mill broke.
Trimmings of paper machine rolls.
(b) 
Procurement program for purchase of recycled products.
(1) 
Preference. The city shall purchase recycled products whenever sufficient quantities are readily available and meet the city's specifications. The city shall purchase recycled products that contain the highest percentage of recovered materials, and are produced to the greatest extent with post-consumer materials.
All city departments shall establish purchasing practices which maximize the purchase of materials, goods and supplies that are produced from recovered materials, and/or may be recycled or reused when discarded.
(2) 
Promotion. To promote the use of products made from recovered materials, the city, to the extent practicable, shall label applicable products to indicate that they are recycled products.
The city shall cooperate with neighboring agencies in an effort to develop a comprehensive, consistent and effective procurement effort intended to stimulate the market for recycled products.
(3) 
Certification of Recovered Material Content. The city shall require the seller to certify in writing on a form prescribed by the city, that the recycled product sold to the city contains the minimum percentage of recovered materials set forth in the city's product specification and shall also specify the percentage of postconsumer materials contained in the product.
(4) 
Annual Status Report. City staff shall prepare and deliver to the city council an annual status report documenting the types, quantities and dollar amounts of recycled products purchased in the previous year, any additions or revisions to the previous year's specifications, and document those instances whereby an exemption, as listed in subsection (e) of this section, was used to purchase something other than the specified recycled product. The report shall also contain the status of the city's efforts to develop markets for recycled products including efforts to establish cooperative procurement programs with other agencies.
(c) 
Product specifications.
(1) 
The city shall review and revise product specifications so as to conform to the following guidelines:
(A) 
Specifications shall not require the use of products made from virgin materials.
(B) 
Specifications shall not exclude the use of recycled products.
(C) 
Specifications shall, whenever possible, clearly identify both the expected performance standard(s) for each particular product, and the specific intended use.
(D) 
Performance standards must be reasonable and not so stringent as to purposely exclude recycled products.
(E) 
A minimum percentage of recovered material content shall be incorporated into each specification when it is known that there are sufficient and readily available supplies of a particular recycled product able to meet the city's specifications.
(F) 
A minimum percentage of postconsumer material content shall be incorporated in each specification when it is known that there are sufficient and readily available supplies of a particular recycled product able to meet the city's specifications.
(2) 
Monitoring and Revising Specifications. City staff shall continually monitor the availability of recycled products so as to create new specifications and revise existing product specifications to reflect the availability of newly marketed products and increases in recovered material content (specifically, increases in the postconsumer material content).
(d) 
Equipment and machinery purchases. The city shall purchase, whenever feasible, equipment and machinery that is compatible with the city's applicable recycled products specifications.
(e) 
Exemptions.
(1) 
If the city finds it is unable to purchase a sufficient supply of a particular specified recycled product, the city may purchase a nonrecycled product until such time as a sufficient supply of the recycled product becomes available.
(2) 
No product shall be purchased that will negatively impact the health and safety of employees and citizens.
(3) 
A nonrecycled product may be substituted for the specified recycled product whenever:
(A) 
A particular piece of equipment or operation is unable to function properly with the material specified. In these instances, the preferred substitute product shall be a recycled product containing the highest percentage of recovered material and postconsumer material that allows the particular piece of equipment or operation to function. The substitution of a nonrecycled product shall be used as the last resort;
(B) 
In cases of operational emergency, the city may purchase products from the nearest capable vendor when the specified recycled product cannot be purchased by the time needed.
(4) 
If the purchase of a recycled product would significantly impact a department's adopted budget, the department shall document the impact and submit the issue to council for policy direction.
(f) 
City consultant contracts. All city contracts for consultant work, requiring the submittal of paper document(s) to the city, shall specify that the submitted document must be produced on recycled paper, when practicable, conforming to the city's specifications. All such documents shall be required to have the front cover labeled in such a way as to identify that the document was produced on recycled paper. Where practicable, the pages of all such documents shall be produced double-sided.
(g) 
Public works contracts. This section shall not apply to public works contracts required to be awarded to the lowest responsible bidder under state law.
(Ord. 1565 § 1; Ord. 2614 § 1, 2021)
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 any tests necessary to determine the quality and conformance with specifications.
(Code 1964 § 2-3.105)
The purchasing officer shall sell all supplies or equipment which cannot be used for any department or which have become unsuitable for city use, or exchange the same for, or trade the same on, new supplies and equipment. Such sales shall be made pursuant to this article. The purchasing officer may transfer stock or equipment from one department to another department which may have need for and can use it.
(Code 1964 § 2-3.106)
In addition to price, the lowest responsible bidder will be determined after the following factors have been considered:
(a) 
The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(b) 
Whether the bidder has the facilities and financial ability to perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(c) 
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(d) 
The bidder's record of performance of previous contracts or services;
(e) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
(f) 
The quality, availability and adaptability of the supplies, equipment or services to the particular use required;
(g) 
The number and scope of conditions attached to the bid.
(Code 1964, 8 2-3.108; Ord. 2634 § 9, 2022)
Sections 15.02.040, 15.02.050 and 15.02.100 shall not apply to the purchase of supplies, services, and equipment under the following circumstances:
(a) 
When such supplies, services, or equipment are unique because of their quality, durability, availability, or fitness for a particular use and, it is determined by the city manager, that it is in the city's best interests to suspend the purchasing procedures for the purchase or contract;
(b) 
When it is determined by the city manager that the supply, service, or equipment can only be obtained from one vendor;
(c) 
When it is determined by the city manager that it is in the city's best interests to procure the supplies, services, or equipment through a cooperative purchasing program, such as programs through other governmental jurisdictions and public agencies, or cooperative purchasing organizations including, without limitation, the California Multiple Award Schedule (CMAS), the General Services Administration (GSA), the U.S. Communities Government Purchasing Alliance, OMNIA Partners, and the Western States Contracting Alliance (WSCA);
(d) 
When it is determined by the city manager that the procurement and purchase of the supply, service, or equipment is subject to federal, state, or local grant funding requirements; or
(e) 
When it is determined by the city manager that it is in the city's best interests to procure the supplies, services, or equipment through a state, federal, or non-profit grant process.
(Ord. 2586 § 1, 2020; Ord. 2634 § 9, 2022)