Editor's note—For statutory provisions authorizing
cities to adopt policies and procedures governing purchases of supplies
and equipment, see Government Code Sections 54201, et seq.
In order to establish efficient procedures for the purchase
of services, supplies and equipment, to secure for the City supplies
and equipment 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, a purchasing system is adopted.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
There is created the position of purchasing officer, who shall
be the City Manager or such other full-time City employee appointed
by the City Manager. The purchasing officer shall exercise general
supervision over the purchasing function. The duties of the purchasing
officer may be combined with those of any other office or position.
The purchasing officer shall have the authority to provide general
supervision of the following functions:
(a)
Purchasing
or contracting for services, supplies, and equipment required by any
City department in accordance with the purchasing procedures prescribed
by this chapter, such administrative regulations as the purchasing
officer may adopt for the internal management and operation of the
purchasing division or such other rules and regulations as may be
prescribed by the City Council and/or City Manager;
(b)
Negotiating
and executing contracts for the purchase of services, supplies, and
equipment;
(c)
Procuring
for the City services, supplies, and equipment at maximum quality
and least expense to the City;
(d)
Obtaining
as full and open competition as possible on all purchases;
(e)
Preparing
and recommending to the City Council rules governing the purchase
of services, supplies, and equipment for the City;
(f)
Preparing
and recommending to the City Council revisions and amendments to the
purchasing rules;
(g)
Education
regarding current developments in the field of purchasing, prices,
market conditions and new products;
(h)
Prescribing
and maintaining such forms as are reasonably necessary to the operation
of this chapter;
(i)
Supervising
the inspection of all services, supplies, and equipment purchased
to ensure conformance with specifications;
(j)
Recommending
the transfer of surplus or unused services, supplies, and equipment
between departments as needed; and
(k)
Maintaining
records needed for the efficient purchase of services, supplies, and
equipment.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
The purchasing officer shall have authority to inspect services,
supplies, and equipment delivered to determine their conformance with
specifications set forth in the order. The purchasing officer shall
have authority to require chemical and physical tests of samples submitted
with bids as well as to inspect samples.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
All City departments shall justify their requirements in services,
supplies, and equipment in preparation and as a component of the City's
annual budget.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
Each City department shall make every reasonable effort to purchase
and use recycled products or those with recycled content whenever
feasible to the extent such use does not adversely affect health,
safety or operational efficiency and effectiveness as determined by
each City department. The term "recycled products" shall be construed
to mean products which contain recycled materials or are reusable
or recyclable, provided, however, that recycled paper products must
contain recycled materials.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
The purchasing officer shall have authority to supervise the
exchange or trade-in of all supplies and equipment which have become
unsuitable for City use for new supplies and equipment.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
The purchasing officer shall review the expenditures of City
departments on a regular basis to ensure that budgetary appropriations
are not exceeded. If City departmental budgets are exceeded by the
purchase of services, supplies, and equipment, prior consent for such
purchases shall be required.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
Except as otherwise provided in this chapter, and except as provided for qualifying public projects under the informal bid procedures in Chapter 4 of Title 7 of this Code implementing Public Contract Code Section 22034, purchases of services, supplies, and equipment shall be by bid procedures pursuant to this chapter. Bidding may be dispensed with when an emergency requires that an order be placed with the nearest available source of supply, or when the unit value of the goods involved is less than $30,000.00 or when the commodity can be obtained from only one vendor.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
Except as otherwise provided in this chapter, and except as provided for qualifying public projects under the informal bid procedures in Chapter 4 of Title 7 of this Code implementing Public Contract Code Section 22034, purchase of services, supplies, and equipment of an estimated unit value greater than $30,000 shall be by written contract with the lowest responsive and responsible bidder pursuant to the procedure prescribed in Sections 8-4.10 through 8-4.16.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
(a)
Notice inviting bids. Notices inviting bids shall include
a general description of the articles to be purchased and state where
bid blanks and specifications may be secured and the time and place
for opening bids.
(b)
Published notice. Notices inviting bids shall be published
at least 10 days before the date of opening of the bids. Notices shall
be published at least once in a newspaper of general circulation,
printed and published in the City, or, if there is none, shall be
posted in at least three public places in the City that have been
designated by ordinance as the places for posting public notices.
(c)
Bulletin board. The purchasing officer may also advertise
pending purchases by a notice posted on a public bulletin board in
the City Hall.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
When deemed necessary by the purchasing officer, bidder's security
may be prescribed in the public notices inviting bids. Bidders shall
be entitled to return of bid security; provided, however, that a successful
bidder shall forfeit his or her bid security upon his or her refusal
or failure to execute the contract within 10 days after the City mails
to him or her notice of award of contract, unless the City is solely
responsible for the delay in executing the contract. 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
contract price differential between the lowest bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest
bidder. If the City Council rejects all bids presented, and re-advertises,
the amount of the lowest bidder's security may be used to offset the
cost of receiving new bids and the surplus, if any, shall be returned
to the lowest bidder.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
Sealed bids shall be submitted to the purchasing officer and
shall be identified as 'bids' on the envelope. Bids shall be opened
in public at the time and place stated in the public notices. A tabulation
of all bids received shall be open for public inspection during regular
business hours for a period of not less than 30 calendar days after
the bid opening.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
In its discretion, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure prescribed in Section 8-4.10.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
Except as otherwise provided in this chapter, contracts shall
be awarded by the City Council to the lowest responsible bidder.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
If two or more bids received 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 re-advertising for bids, the City Council
may, in its discretion, accept the one it chooses or accept the lowest
bid made after negotiation with the tie bidders at the time of the
bid opening.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
The City Council shall have the authority to require a performance
bond before entering into a contract in such amount as it finds necessary
to protect the best interest of the City. If the City Council requires
a performance bond, the form and amount of bond shall be described
in the notice inviting bids.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
Purchases of services, supplies, and equipment of an estimated unit value of $30,000.00 or less may be made by the purchasing officer in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in Sections 8-4.10 through 8-4.16. Open market purchases shall require approval by the approval authority listed in Section 8-4.22 applicable to the contract's price.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
The purchasing officer shall solicit bids or place orders by
written requests to prospective vendors, by telephone and/or by public
notice posted on a public bulletin board at City Hall.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
The purchasing officer shall keep a record of all open market
orders for a period of one year after such orders are placed. This
record, while so kept, shall be open to public inspection.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
Open market purchases shall, wherever practicable, be based
on at least three bids or responses by vendors.
(§ 1, Ord. 754, eff. October 23, 2001, as amended by § 2, Ord. 927, eff. March 6, 2022)
The purchasing officer shall secure professional services based
upon demonstrated competence, professional qualifications, price,
familiarity with the City, and experience and suitability for meeting
the City's needs. Except as otherwise designated by the City Council,
professional services contracts expected to cost more than $30,000
shall be awarded through a formal bidding process to the most qualified,
experienced, and suitable bidder, taking into account price and the
other factors stated in this section. If a vendor is selected that
does not offer the lowest price, the purchasing offer must provide
a rationale to be approved by the City Manager prior to final selection
being made.
(§ 2, Ord. 927, eff. March 6, 2022)
|
Contract/Purchase Amount
|
Purchase Order
|
Professional Service Agreement
|
Bidding Process
|
Authorization Required
|
|---|---|---|---|---|
|
$5,000 or less
|
Not required
|
Required
|
None
|
Department head only
|
|
$5,001—$30,000
|
Not required
|
Required
|
Informal
|
Purchasing officer or City Manager
|
|
$30,001 or greater
|
Recommended
|
Required
|
Formal
|
Department head, City Manager, City Council
|
|
Any amount during a declared state of emergency
|
Not required
|
Informal
|
None
|
City Manager (up to $100,000.00) or City Council (above $100,000.00)
|
|
Required
|
Required
|
None
|
City Manager
| |
|
Required
|
Required
|
Informal
|
City Council
| |
|
Required
|
Required
|
Formal
|
City Council
|
(§ 2, Ord. 927, eff. March 6, 2022)
