In order to establish efficient procedures for the purchase of equipment, supplies, and services 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. To the greatest extent practicable, the City shall endeavor to develop purchasing specifications that will result in the purchase of equipment, supplies, and services that are environmentally preferred. Competitive bidding for the purchase of equipment, supplies, and services is preferred as a matter of City policy and good purchasing practice. Even when competitive bids are not required by this chapter, competitive proposals or bids should be obtained if reasonably practicable and compatible with the City's interests.
(Ord. 3306, 1968; Ord. 3760, 1975; Ord. 5494, 2009; Ord. 5836, 2018)
The following words and phrases shall have the following meaning and construction for purposes of this chapter.
Bid.
A bid, quotation, or other offer, other than a proposal, from a person or entity to sell, lease, or rent goods, equipment, or services to the City at a specified price.
Bidder.
A person or entity that submits a bid, quotation or other offer other than a proposal.
Blanket Purchase Order.
Blanket Purchase Orders are open purchase orders/charge accounts used on a fiscal year basis. Blanket Purchase Orders: simplify and improve the efficiency for small orders as defined in Section 4.52.060.B.1. by eliminating the need to submit individual requisitions; are primarily used when there are miscellaneous or variable items and the quantities are unknown or difficult to estimate; and can also be used for goods or services that are budgeted for and provided on a fiscal year basis. Pricing during the term may be fixed, unspecified, or by formula.
Emergency Purchase.
A purchase made to address a situation that creates an immediate and serious need for equipment, supplies, or services which cannot be met through normal purchasing procedures and where the lack of such equipment, supplies, or services would seriously threaten the functioning of City government, the preservation of property, or the health or safety of any person.
Environmentally Preferred Purchases.
A manner of purchasing equipment, supplies, and services that results in less harm to the natural environment. Environmentally preferred purchases involve the purchase of equipment, supplies, and services in a manner that uses less harmful materials, employs recycled or recovered materials (where appropriate and available), and utilizes techniques intended to result in less impact on the environment than other available methods.
General Services.
Any service provided by an independent contractor other than a professional service. General services include, but are not limited to, maintenance and repair, janitorial, security, pest control, and landscaping, regardless whether the provision of the service requires a license or certification pursuant to applicable law.
Information Technology.
Includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications that include voice, video, and data communications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.
Maintenance and Repair.
Services and work for the repair, restoration, rehabilitation, or preservation of the condition of an existing facility or structure that is not for the purpose of increasing size or capacity (other than to meet current standards), or an alteration to accommodate a new or different use. For example and without limitation, maintenance and repair includes; repair, repaving, resurfacing, or restriping of streets; repair and replacement of existing sidewalks and paseos; installation of driveways; installation of curb ramps and other accessibility features as required by the Americans With Disabilities Act or similar statute; replacement, repair or relining of existing water or sewer line; repainting, resurfacing, reroofing of buildings; replacement of windows, doors, electrical wiring, or plumbing; replacement of existing turf or landscape. If a question arises as to the proper characterization of a purchase as maintenance and repair or a public work, the Purchasing Agent shall determine in writing whether the primary purpose of the purchase is to restore or preserve the condition of an existing facility, structure, or equipment or to obtain a new or replacement facility, structure, or equipment.
Operational Emergency.
An unexpected or unplanned break or failure of a critical piece of equipment or infrastructure that threatens the on-going operations of a department or an essential service.
Personal Property.
All property other than real estate, including, but not limited to, equipment, supplies, and materials.
Professional Services.
Services provided by an independent contractor that require specialty training, education, or experience, including, but not limited to, financial, economic, accounting, engineering, legal, or administrative matters. Because the development of software requires special skills and is a product of the mind, acquisitions of commercial off-the-shelf software and custom software will be processed as a professional service. Professional service includes, but is not limited to, services provided by accountants, architects, biologists, botanists, economists, engineers, financial advisors, geologists, landscape architects, lawyers, software developers, and similar professionals, regardless whether provision of the service requires a license or certification pursuant to applicable law.
Purchase.
To obtain equipment, supplies, or services in exchange for money or its equivalent. For purposes of this chapter, the term purchase shall also include the acquisition of equipment or supplies by lease.
Purchasing Agent.
The general services manager of the City of Santa Barbara.
Reverse Auction.
A process where the City announces its need for equipment, supplies, or services on the Internet, or some other manner, and suppliers bid against one another in a real-time, open, and interactive bidding environment to supply the City with required equipment, supplies, or services.
Services Involving Peculiar Ability.
Services that typically require artistic or creative skill and advanced or specialized training or experience. For purposes of this chapter, the construction trades are not services involving peculiar ability.
Within The Budget Approved by the City Council.
Purchases that fall within the annual financial budget adopted by the City Council for the department against whose account the purchase will be applied. A particular purchase need not be a specific line item of the department's budget in order to be considered included within the budget approved by the City Council.
(Ord. 5494, 2009; Ord. 5836, 2018; Ord. 5914, 2019)
The City department receiving a grant is solely responsible for complying with all requirements of the grant and must designate a grant administrator. The grant administrator is responsible for ensuring that all grant requirements are followed and is responsible for including all applicable grant requirements in the specifications for the acquisition of goods or services to be processed by the Purchasing Division. This includes unique requirements or mandatory contract clauses that must be included in a resulting purchase order or contract in order to comply with the terms and conditions of the grant such as a lower bidding threshold, minority business participation goals, "Buy American" requirements, etc. The City will follow Uniform Guidance for federal grants. The Uniform Guidance for federal grants requires the City to adhere to the more stringent requirements between the terms and conditions of the grant or the City's own purchasing policies and procedures.
(Ord. 5836, 2018)
A. 
The Purchasing Agent shall be under the direction, supervision, and control of the Director of Finance.
B. 
The Purchasing Agent is authorized and directed to:
1. 
Negotiate, purchase, and contract for equipment, supplies (other than library books and library periodicals), routine laboratory tests, general services required by any office, department, or agency of the City in accordance with purchasing procedures prescribed by this chapter, and such other rules and regulations as shall be prescribed by the City Council.
2. 
Act to procure for the City the needed quality in equipment, supplies, routine laboratory tests, and general services at least expense to the City.
3. 
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases.
4. 
Prepare and recommend to the City Council rules governing the purchase of supplies, services, and equipment for the City.
5. 
Stay informed of current developments in the field of purchasing, prices, market conditions and new products.
6. 
Prescribe and maintain such purchasing forms as are reasonably necessary to the operation of this chapter and other rules and regulations.
7. 
Maintain a bidders' list, vendors' catalog file and records needed for the efficient operation of the Purchasing Division.
8. 
Consolidate orders and requisitions where the City may benefit from higher quantities.
9. 
Develop and implement policies and procedures for use of computer or electronic communication technology for procurement purposes, including electronic bid boards, electronic documentation, and electronic signatures, except as prohibited by state or federal law.
(Ord. 3306 §2, 1968; Ord. 3760 §2, 1975; Ord. 3832 §1, 1976; Ord. 3848 §1, 1976; Ord. 5494, 2009; Ord. 5836, 2018; Ord. 5914, 2019)
All departments shall file detailed estimates of their requirements for supplies and equipment in such manner, at such time, and for such future periods as the Purchasing Agent shall prescribe.
(Ord. 3306 §2, 1968; Ord. 3760 §2, 1975; Ord. 5836, 2018)
A. 
The City Council is the awarding authority for all contracts governed by this chapter except as otherwise provided in this chapter. Contracts awarded by the City Council shall be executed as provided in Section 518 of the City Charter unless otherwise directed by the City Council.
B. 
The City Administrator is authorized to award and execute any agreement subject to this chapter in an amount established by City Council resolution.
C. 
The City Administrator may delegate such authority to a subordinate employee of the City.
D. 
The Purchasing Agent may award to the lowest responsible bidder and execute contracts made in accordance with Sections 4.52.060 and 4.52.070 when the contract is within the budget approved by the City Council.
E. 
The Public Works Director is authorized to award and execute contracts made in accordance with Section 4.52.165 except where the power to award and execute contracts is reserved by that section to the City Council.
F. 
The City shall not be bound by or liable under any contract or purchase order subject to this chapter unless the contract is made and executed as provided in this chapter.
G. 
Contracts of the City shall be made only by a duly authorized officer or employee of the City. Contracts for purchase of goods or materials having a value over $2,500.00 shall be in writing. Contracts for services having a contract value of greater than $10,000.00 shall be in writing. A purchase order duly authorized and issued by the Purchasing Agent may be used to satisfy the requirements of this section provided that the purchase order contains all the requirements of a contract under California law. The form of all contracts and purchase orders shall be approved by the City Administrator and City Attorney. When permitted by state or federal statute and authorized by procedures developed and adopted by the City pursuant to Section 4.52.030 (B)(3), electronic communication technology may be used whenever a written document is required by this chapter; provided, however, that the communication is capable of being translated into a record of the City capable of being retained, accessed and reproduced in accordance with the City's policies governing records of the City.
H. 
The Library Director is authorized to purchase library books and library periodicals under procedures established by the Director subject to the appropriations of the approved budget for the Library.
I. 
The City Administrator is delegated the authority of the City Council to reject all bids for any contract. The Public Works Director may reject bids for any contract subject to bidding under Section 4.52.165.
(Ord. 5494, 2009; Ord. 5836, 2018; Ord. 5914, 2019; Ord. 6150, 4/16/2024)
A. 
The City Administrator is authorized to negotiate and contract for equipment, supplies, and services within the scope of appropriations approved by the City Council without complying with the competitive bidding requirements of Section 4.52.060 or 4.52.070 as provided in this section.
B. 
This section applies to the following categories of purchases:
1. 
Advertising services (print, television, radio, internet, etc.);
2. 
Software licenses, technical support, and maintenance renewals;
3. 
Housing and furniture rental for police department cadets;
4. 
Subscriptions, periodicals, dues, and memberships;
5. 
Conferences, trainings, and seminars;
6. 
Postage;
7. 
Purchases from other government entities or public utilities;
8. 
Rental or leasing of facilities;
9. 
Real property/real estate purchases;
10. 
Temporary employment services, including hiring of temporary employees.
C. 
The City Administrator may delegate in writing the authority under this section.
(Ord. 5716, 2015; Ord. 5836, 2018; Ord. 6066, 2022)
A. 
Requisitions. Purchases of supplies via purchase orders or Blanket Purchase Orders, general services, and equipment, of a value up to $100,000.00 shall be made pursuant to this section, except as otherwise authorized by this chapter. All departments of the City shall submit requests for equipment, supplies, routine laboratory tests, or general services to the Purchasing Agent by standard requisition request forms.
B. 
Bidding Procedure. Purchases of equipment, supplies, routine laboratory tests, or general services of a value of up to $100,000.00, may be made by the Purchasing Agent in the open market pursuant to the bidding procedures described herein.
1. 
Purchases of up to $10,000.00. Purchases of goods or services of a value up to $10,000.00 may be made without competitive bidding.
2. 
Purchases over $10,000.00 and up to $100,000.00. Purchases of goods or services of a value over $10,000.00 and up to $100,000.00 shall be bid in the following manner:
a. 
Minimum Number of Quotations. Purchases shall whenever possible be based on at least three quotations and shall be awarded to the person submitting the lowest responsible quotation.
b. 
Notice Inviting Quotations. The Purchasing Agent shall solicit quotations by written requests to prospective vendors or by telephone.
c. 
Written quotations shall be submitted to the Purchasing Agent who shall keep a record of all open market orders and quotes for a period of one year after the submission of quotes or the placing of orders.
C. 
Written Quotations. All quotations over $2,500.00 must be in writing.
D. 
Award of Contracts by Purchasing Agent. The Purchasing Agent is authorized to award contracts to the lowest responsible bidder when the City Council has approved a departmental budget that includes funds specifically for the purchase of the item(s) and the amount of the award is not more than the budgeted amount.
E. 
Tie Quotations. If two or more quotes received are for the same total amount or unit price, quality, service, and delivery being equal, the Purchasing Agent may award a contract: after negotiation with the vendors submitting equivalent quotations; giving preference to the local vendor (maintains a business within the City limits); or by lottery when tied vendors are not local or all are local.
F. 
Performance Security. The Purchasing Agent shall have the authority to require a performance security before entering into a contract in such amount as he or she finds reasonably necessary to protect the best interests of the City. If the Purchasing Agent requires a performance security, the form and amount of the security shall be described in the terms, conditions, or general provisions of bid documents.
G. 
Sole Source Purchases. Except when the purchase amount is within the monetary authority delegated to the City Administrator, purchases of goods or services which can be obtained from only one source may be made by the Purchasing Agent without advertising and after a determination by the City Council that the goods or services are only available from one source, and approval of the purchase by the City Council. Purchases within the monetary authority delegated to the City Administrator by the City Council, which can be obtained from only one source may be made by the City Administrator without advertising after a determination that the goods or services are only available from one source and the City Administrator may approve the purchase.
H. 
Best Interest Waiver. The City Council may authorize purchase of equipment, supplies, and general services without complying with the above procedures when, in the opinion of the Council, compliance with the procedure is not in the best interest of the City. For purchases within the monetary authority delegated to the City Administrator by the City Council, the City Administrator may authorize purchase of equipment, supplies, and general services without complying with the above procedures when, in the opinion of the City Administrator, compliance with the procedure is not in the best interest of the City.
I. 
Encumbrance of Funds. Except in cases of emergency, the Purchasing Agent shall not issue any purchase order for equipment, supplies, or services for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged.
(Ord. 3760 §2, 1975; Ord. 3832, 1976; Ord. 3848, 1976; Ord. 4022, 1980; Ord. 5371, 2005; Ord. 5494, 2009; Ord. 5716, 2015; Ord. 5836, 2018; Ord. 5914, 2019; Ord. 6154, 5/21/2024)
A. 
Requisition. Purchases of supplies via purchase orders or Blanket Purchase Orders, general services, and equipment, of a value greater than $100,000.00 shall be made pursuant to this section, except as otherwise authorized by this chapter. All departments of the City shall submit requests for equipment, supplies, and general services to the Purchasing Agent by standard City requisition forms.
B. 
Notice Inviting Bids. The Purchasing Agent shall issue a notice inviting bids that includes a general description of the articles to be purchased or the services sought, states where the bid forms and specifications may be secured and announces the time and place for opening bids.
1. 
Notice. Notices inviting bids shall be publicly advertised not less than 14 days before the date of opening of bids by at least one of the following methods:
a. 
Publication at least once in a newspaper of general circulation published in the City;
b. 
Publication in an electronic bidding system established by the Purchasing Agent;
c. 
Distribution in such other manner determined by the Purchasing Agent to be appropriate under the circumstances.
2. 
Upon advertisement as provided in subsection (B)(1) above, notices inviting bids shall be publicly accessible through a link posted on the City's webpage.
3. 
Bidders' List. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the City's bidders' list or who have requested their names to be added thereto.
C. 
Bidders' Security. When deemed necessary by the Purchasing Agent, bidders' security may be required. Bidders shall be entitled to a return of bid security upon execution of the contract or upon the re-advertisement for bids, provided that the successful bidder shall forfeit his or her bid security upon refusal or failure to execute the contract within 10 days after notice of contract has been deposited in the United States mail. 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 responsible bidder, the bidder first awarded the contract shall forfeit only the portion of his or her security which is equal to the difference between his or her bid and the bid of the next lowest responsible bidder. If the next lowest responsible bidder is awarded the contract, he or she shall forfeit his or her bid security if he or she fails or refuses to execute the contract.
D. 
Bid Opening Procedure. Bids may be submitted in physical form or electronically through an electronic bidding platform established by the Purchasing Agent, as specified in the notice inviting bids. Bids shall be submitted in a manner that conceals the bid until the time of opening of all bids. Bids shall be opened at a location open to the public at the time and place stated on the notice inviting bids or as may otherwise be announced to all bidders. A tabulation of all bids received shall be open for public inspection during regular City business hours for a period of not less than 30 calendar days after the bid opening. The manner of submission and the time and location of bid opening shall be stated in the notice inviting bids.
E. 
Rejection of Bids. In its discretion, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure described herein. In cases where the Purchasing Agent is authorized to award a contract, the Purchasing Agent may, in his or her discretion, reject any and all bids presented and re-advertise for bids pursuant to the procedure described herein.
F. 
Award of Contracts. Contracts shall be awarded by the City Council to the lowest responsible bidder who submits a bid responsive to the specifications except as otherwise provided herein.
G. 
Award of Contracts by Purchasing Agent. The Purchasing Agent is authorized to award contracts to the lowest responsible bidder when the City Council has approved a departmental budget that includes funds specifically for the purchase of the item(s) and the amount of the award is not more than the budgeted amount.
H. 
Tie Bids. If two or more bids received are for the same total amount or unit price, quality, service and delivery being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council shall award a contract: after negotiation with the bidders who were tied at the time of the bid opening; giving preference the local bidder (maintains a business within the City limits); or by lottery when tied bidders are not local or all are local.
I. 
No Bids Received. If no bids are received within 10 days of the publication of the notice inviting bids or such other time specified in the notice inviting bids for the receipt of bids, the Purchasing Agent may either publish a new notice inviting bids or solicit bids without further publication.
J. 
Performance Security. The Purchasing Agent shall have the authority to require a performance security before entering into a contract in such amount as he or she shall find reasonably necessary to protect the best interests of the City. If the Purchasing Agent requires a performance security, the form and amount of the security shall be described in the terms, conditions, or general provisions of bid documents.
K. 
Sole Source Purchases. Purchases of goods or services which can be obtained from only one source may be made by the Purchasing Agent without advertising and after a determination by the City Council that the goods or services are only available from one source and approval of the purchase by the City Council.
L. 
Best Interest Waiver. The City Council may authorize purchase of equipment, supplies, and general services without complying with the above procedures when, in the opinion of the Council, compliance with the procedure is not in the best interest of the City.
M. 
Encumbrance of Funds. Except in cases of emergency, the Purchasing Agent shall not issue any purchase order for equipment, supplies, or services for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged.
(Ord. 3306 §2, 1968; Ord. 3760 §2, 1975; Ord. 3832 §1, 1976; Ord. 4022, 1979; Ord. 5371, 2005; Ord. 5494, 2009; Ord. 5716, 2015; Ord. 5836, 2018; Ord. 5914, 2019; Ord. 6066, 2022; Ord. 6154, 5/21/2024)
A. 
In addition to procurement under Section 4.52.070, general services having a estimated contract value greater than $100,000.00 may be let under best value or competitive negotiation procurement procedures established by the Purchasing Agent whenever the City Administrator determines it to be in the best interest of the City.
B. 
The procedures established by the Purchasing Agent must meet the following minimum requirements:
1. 
The Purchasing Agent will solicit formal proposals. Notice of request for proposals must be posted for not less than 30 days on the City's website and may be given in any other manner determined by the Purchasing Agent to be appropriate for the project. The request for proposals must: specify the date, time, and place for submission of proposals; contain a description of the project and the location where plans and specifications for the project may be obtained; contain a description of the information to be submitted by each proposer: contain the factors for evaluation of each proposal including the relative weight to be given to each factor.
2. 
In addition to price, the factors for selection of a successful proposer may include the following:
a. 
Demonstrated experience performing the same or similar work;
b. 
Experience of core personnel to be assigned to the project;
c. 
Financial condition and stability;
d. 
Successful performance of the same or similar work;
e. 
Prior record of performance on projects for the City;
f. 
History of compliance with local, State, and Federal laws, regulations, and policies governing public contracts;
g. 
Proposed quality control and quality assurance plan for the scope of work;
h. 
Proposed performance plan and schedule for the scope of work;
i. 
Other factors the Purchasing Agent deems relevant to obtaining the best value for the City.
A. 
General requirements contracts for maintenance, repair, or landscaping of buildings, facilities, improvements, property, or grounds that contain a unit price book of detailed specifications and unit prices for typical tasks or items of work may be let as provided in this section. General requirements contracts do not identify specific projects at the time of contract award. Instead, work is authorized by separate job orders specifying and directing the performance of work within the scope of work established by the contract. A contractor under a general requirements contract is not guaranteed any particular amount of work under the contract.
B. 
General requirements contracts may be made under procedures established by Section 4.52.060 or 4.52.070, as applicable, and on specifications that provide for unit-cost terms for all labor, material, and equipment necessary to perform all work contemplated for individual job orders. Contracts let under this subsection shall not exceed a term of five years in duration. If a contract is awarded for a term less than five years, one or more extensions may be granted, but the entire term of the contract, including extensions, may not exceed five years.
C. 
General requirements contracts may be awarded to more than one contractor on specifications that provide for unit-cost terms for all labor, material, and equipment necessary to perform work contemplated for individual job orders. The cost for each unit will be determined according to the lowest responses for units or items of work submitted pursuant to a notice inviting proposals published according to the procedures established by the Purchasing Agent. Following the submission of responses, the Purchasing Agent may establish the terms of and enter into a uniform contract with more than one qualified contractor. Contracts made under this subsection, and job orders under such contracts, shall be issued to contractors by rotation or other fair and equitable system developed by the Purchasing Agent. Contracts under this subsection shall not exceed a term of five years in duration. If a contract is awarded for a term less than five years, one or more extensions may be granted, but the entire term of the contract, including extensions, may not exceed five years.
(Ord. 5914, 2019)
When responding to an operational emergency, the purchase of any equipment, supplies, or services may be made in accordance with the following procedures:
A. 
Declaration of an operational emergency. The City Administrator or a City department head must declare an operational emergency in writing. The declaration shall specify the reasons why the purchase of equipment, supplies, or services without complying with the normal purchasing procedures specified in this chapter is necessary in order to address the operational emergency.
B. 
Scope of authority. When an operational emergency declared, the City Administrator or the department head declaring the operational emergency may purchase any equipment, supplies, or services as needed to address the emergency without complying with the bidding procedures otherwise required pursuant to this chapter. Purchases utilizing this exception to the normal purchasing procedures are only allowed as necessary to address an immediate need. Even when normal purchasing procedures are not followed for reasons relating to the operational emergency, competitive bidding shall be used to the greatest extent practicable under the circumstances.
C. 
Documentation. All purchases utilizing this exception to the normal purchasing procedures shall be documented in writing.
D. 
Encumbrance of funds. When purchases are requested of equipment, supplies, or services in order to address an operational emergency for which no funds have been encumbered, the requisition shall so state and the interested department head shall initiate a request for fund transfer within four hours after the start of the next regular work day.
E. 
Report to city council. Any time the value of purchases made in response to an operational emergency without compliance with normal purchasing procedures exceeds the purchasing authority delegated to the City Administrator by the City Council in the aggregate for a single emergency, a report shall be made to the City Council within a reasonable time of the declaration of the operational emergency in order to explain the need for the purchases made without complying with the normal purchasing procedures.
(Ord. 5494, 2009; Ord. 5716, 2015; Ord. 5836, 2018; Ord. 5914, 2019)
In the event a local emergency is declared by a federal or state agency, or a local emergency is declared pursuant to Section 9.116.050 of this code, the City may suspend its procurement policies and procedures for purchases related to the City's response to the declared emergency and follow federal procurement standards for sub-recipients under 2 C.F.R. Sections 200.318 through 200.326 in order to ensure that expenditures and procurements related to the City's response to the emergency are eligible for federal reimbursements.
(Ord. 5836, 2018)
The Purchasing Agent may inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order or contract. The Purchasing Agent shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.
(Ord. 3306 §2, 1968; Ord. 3760 §2, 1975; Ord. 5836, 2018)
The Purchasing Agent is responsible for the City storage control program. Under direction of the Purchasing Agent, the City Stores Manager is responsible for the custody of and accounting for the supplies. This includes the maintenance of a perpetual inventory record for each item carried in stock and making quantity checks at frequent intervals to verify the ledger count and value. The City Stores Manager is to exercise full control and reporting of all materials received, withdrawn, or returned to stock.
(Ord. 3306 §2, 1968; Ord. 3760 §2, 1975; Ord. 5494, 2009; Ord. 5836, 2018)
The City recognizes that purchasing information technology on the basis of lowest purchase price alone may not always serve the best interests of the City. Therefore, the Purchasing Agent is hereby authorized to purchase information technology, within the budget approved by the City Council, on a "best value basis." In determining the best value for the City, the Purchasing Agent may consider the following factors:
A. 
The purchase price or cost;
B. 
The quality of the vendor's goods or services;
C. 
The extent to which the vendor's goods or services meet the City's needs;
D. 
The total long-term cost to the City of the good or service;
E. 
The reputation of the vendor and the vendor's goods or services;
F. 
The vendor's past relationship with the City;
G. 
The impact of the proposed purchase on the City's ability to comply with laws relating to the procurement of goods or services from persons with disabilities;
H. 
The impact of the proposed purchase on the City's ability to comply with laws relating to the procurement of goods or services from historically underutilized businesses; and
I. 
Any relevant criteria specifically listed in the request for proposals or bids.
The preceding list of factors is not listed in order of priority and not all factors will be relevant to all purchases. Unless the request for proposals or bids assigns a particular weight to one factor or another, the Purchasing Agent may assign priority of the factors as appropriate for the individual purchase based on the information available at the time of the purchase with the goal of obtaining the optimum combination of economy, quality, and effectiveness that is the result of fair, efficient, and practical procurement decision-making.
(Ord. 5716, 2015; Ord. 5836, 2018)
It is unlawful to split or separate any purchase into smaller increments for the purpose of evading the provisions of the Charter or this chapter requiring advertising and competitive bidding.
(Ord. 3306 §2, 1968; Ord. 3760 §2, 1975; Ord. 5494, 2009; Ord. 5836, 2018)
All City departments shall submit to the Purchasing Agent, at such times and in such forms as the Agent shall prescribe, reports showing all supplies, equipment or personal property of any nature which are no longer used or which have become obsolete or worn out. The Purchasing Agent shall have the authority to exchange or trade on new supplies and equipment, or to sell, all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. The Purchasing Agent shall also have the authority to make transfers between departments of any usable surplus supplies or equipment. The Purchasing Agent, upon obtaining the specific written approval of the City Finance Director, may, without published notice of the intended sale or competitive bidding, sell items of surplus personal property to: (1) any interested party if the value of the item does not exceed $500.00; (2) any governmental entity as long as the value of the item does not exceed $10,000.00; (3) recycling center if the item has no value in the Purchasing Agent's opinion, or donated to a Council approved charity or charities.
(Ord. 3306 §2, 1968; Ord. 3760 §2, 1975; Ord. 5494, 2009; Ord. 5716, 2015; Ord. 5836, 2018; Ord. 5914, 2019)
A. 
Cooperative purchasing agreements. Nothing contained in this chapter shall prohibit the participation by the City of Santa Barbara in any voluntary cooperative purchasing agreement, agreements, or programs entered into between the City of Santa Barbara and any local, state, or federal government, or association of governmental agencies within the United States which is authorized by state or federal law or regulations.
B. 
Surrogate bidding. Nothing contained in this chapter shall prohibit the participation by the City of Santa Barbara in a surrogate bidding process where the City purchases equipment, supplies, or services at the same price as a contract awarded by another local, state, or federal government, or association of governmental agencies within the United States following a competitive bidding process that substantially conforms to the City's purchasing procedures.
C. 
Federal GSA contracts, California multiple award schedule contracts and leverage procurement agreements. Nothing contained in this chapter shall prohibit the participation by the City of Santa Barbara in any purchase under a Federal General Service Administration (GSA) contract, California Multiple Award Schedule Contract or Leverage Procurement Agreement.
D. 
Authority to act. The Purchasing Agent is hereby empowered and authorized to act under the provisions of this chapter, to procure for the City supplies and equipment in conjunction with such voluntary cooperative purchasing agreement, surrogate bidding process, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement to the extent such purchases are within the budget approved by the City Council. Sections 4.52.060 and 4.52.070 of this chapter shall not apply to the purchase of supplies or equipment pursuant to any voluntary cooperative purchasing agreement, surrogate bidding process, Federal GSA contract, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement entered into under the provisions of this section. All formal contract and bidding procedures to be followed in such cases shall be those specifically enumerated in the voluntary cooperative purchasing agreement, the surrogate bid, Federal GSA contract, California Multiple Award Schedule Contract, or California Leverage Procurement Agreement.
(Ord. 3620 §1, 1974; Ord. 3760 §2, 1975; Ord. 5494, 2009; Ord. 5716, 2015; Ord. 5836, 2018)
No contract to be executed in a future fiscal year or years for purchases of goods or services as described in this chapter shall be valid unless appropriations for such purchase shall have been made in the year in which the contract was entered into.
(Ord. 3760 §2, 1975; Ord. 5494, 2009; Ord. 5836, 2018)
A. 
The state prevailing wage law requires contractors on public works projects to be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed. Under California Constitution Article XI, Section 5, the laws of chartered cities supersede state law with respect to municipal affairs of the City. The City of Santa Barbara is a chartered city duly organized and validly existing under the laws of the State of California, and thus the City may exempt itself from prevailing wage requirements. California Labor Code Section 1782 provides that the state has limited financial resources and resolves only to extend financial assistance to construction projects of those chartered cities that require compliance with the prevailing wage law on all their municipal construction projects. Under Labor Code Section 1782, chartered cities are disqualified from receiving financial assistance if the city has awarded, a public works contract without requiring the contractor to comply with prevailing wage requirements. Chartered cities that have charter provisions exempting city projects from prevailing wage requirements may adopt a local prevailing wage ordinance with requirements equal to or greater than state prevailing wage law in order to avoid disqualification. Since approximately 1990, the City has generally required prevailing wages to be paid on capital improvement projects. Compliance with Labor Code Section 1782 requires the adoption of an ordinance and the payment of prevailing wages beyond capital improvement projects to include maintenance and repair work, as described in the Labor Code. Notwithstanding the City's constitutional right to exempt locally funded projects from prevailing wage, the City Council finds that the City's financial interests are best served by complying with California's prevailing wage law.
B. 
Prevailing wages shall be paid on all public works contracts in accordance with the Labor Code unless otherwise exempted by Labor Code Section 1782.
C. 
The provisions of this chapter do not restrict the City from receiving or using state funding or financial assistance awarded prior to January 1, 2015, or from receiving or using state funding or financial assistance to complete a contract awarded prior to January 1, 2015. Further, this chapter does not disqualify or amend any contracts awarded prior to January 1, 2015.
D. 
If Labor Code Section 1782, for any reason, is held to be invalid or inapplicable to charter cities by any court of competent jurisdiction or is repealed, this section shall automatically sunset and be of no further effect immediately thereafter.
(Ord. 3832 §1, 1976; Ord. 5676, 2014; Ord. 5836, 2018; Ord. 6066, 2022)
A. 
City Projects may be performed by City forces or under contract as provided in this section. The Public Works Director is responsible for the implementation and administration of work performed or contracted for under this section. As used in this section the term "City Projects" includes all public works affecting City buildings, facilities, or real property of whatever nature including construction of new buildings or facilities and maintenance and repair of existing buildings or facilities. Maintenance and repair projects of any value may be performed by City employees consistent with the budget approved by the City Council.
B. 
City Projects up to an estimated construction value of $100,000.00 may be let to contract through direct negotiation with qualified contractors on a list established and maintained by the Public Works Director or by bidding under the procedures of Section 4.52.060.
C. 
City Projects having an estimated construction value of $100,000.00 up to $500,000.00 may be let to contract under the procedures of Section 4.52.070, except that:
1. 
In lieu of a general notice inviting bids, when the Public Works Director has established a list of qualified contractors identified according to categories of work, all contractors on the list of qualified contractors established and maintained by the Public Works Director for the category of work being bid shall be delivered notice as provided in Section 4.52.070 unless the service qualifies for a best interest or sole source waiver.
2. 
The notice inviting bids under subsection (C)(1) of this section may describe the project in general terms and provide instructions on how to obtain more detailed information about the project.
3. 
Notices under either subsection (C)(1) or (C)(2) of this section must state the time and date for submission of bids and other bidding information required by Section 4.52.070.
D. 
City Projects having an estimated construction value over $500,000.00 may be let to contract under any of the following procedures:
1. 
Contract let under Section 4.52.070.
2. 
Contract let under the design-build procurement procedures established for the project under subsection E of this section whenever the City Council, upon recommendation by the Public Works Director, determines it to be in the best interest of the City.
3. 
Contract let under the best value or competitive negotiation procurement procedures established for the project under subsection F of this section whenever the City Council, upon recommendation by the Public Works Director, determines it to be in the best interest of the City.
4. 
Contract let under the construction manager at risk procedures established for the project under subsection G of this section whenever the City Council, upon recommendation of the Public Works Director, determines it to be in the best interest of the City.
E. 
The City may enter into design-build contracts, including design-build operate and progressive design-build contracts, as follows:
1. 
Before procuring a design-build contract, the Public Works Director shall prepare a request for proposals setting forth the scope of the project that may include, but is not limited to, the size, type, and desired design character of the works, improvements, facilities, buildings and site, and performance specifications. The performance specifications shall describe the quality of construction materials, assessblies, and other information deemed necessary to adequately describe the City's needs. The performance specifications shall be approved by the City Council before solicitation of proposals.
2. 
The Public Works Director may establish requalification requirements consistent with the provisions of Section 4.52.210 of this chapter.
3. 
Upon recommendation of the Public Works Director, the City Council will select one of the following methods as the process to be used for the selection of the successful design-build entity:
a. 
A design-build competition based on performance, specifications, and criteria stated in the request for proposals. Criteria used in this form of evaluation of proposals may include, but not be limited to, items such as proposed design approach, initial and life-cycle costs, project features, financing, quality, capacity, schedule, and operational and functional performance of the facility. However, any criteria and methods used to evaluate proposals shall be limited to those contained in the request for proposals. Any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the development of criteria or preparation of the request for proposals shall not be eligible to participate in the competition with any design-build entity. The award of a design-build contract shall be made to the design-build entity whose proposal is judged as providing best value meeting the interests of the City and the objectives of the project.
b. 
A competition based on program requirements, performance specifications, and a preliminary design or combination thereof stated in the request for proposals. Limited drawings and specifications detailing the requirements of the project may accompany the request for proposals. The Public Works Director shall establish technical criteria and methodology, including price, to evaluate proposals and shall describe the criteria and methodology of evaluation and selection in the request for proposals. Any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the preparation of the preliminary design or request for proposals shall not be eligible to participate in the competition with any design-build entity. The award shall be made to the design-build entity on the basis of the technical criteria and methodology, including price, whose proposal is judged as providing best value in meeting the interests of the City and meeting the objectives of the project.
c. 
A design-build program competition based on program requirements and a detailed scope of work, including any preliminary design drawings and specifications stated in the request for proposals. Any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the preparation of the preliminary design or request for proposals shall not be eligible to participate in the competition with any design-build entity. Award shall be made on the basis of the lowest responsible and reliable bid.
4. 
When a progressive design-build contract is selected as the procurement method for a project the following provisions apply:
a. 
After selecting a design-build entity based upon qualifications, the City may enter into a contract and direct the design-build entity to begin design and preconstruction activities sufficient to establish a guaranteed maximum price for the project.
b. 
Upon agreement of the guaranteed maximum price for the project, the City, at its sole and absolute discretion, may amend the contract with the design-build entity to contract for the remaining design, preconstruction, and construction activities sufficient to complete and close out the project, consistent with the guaranteed maximum price. If there are unforeseen site conditions, the City may amend the contract with the design-build entity accordingly and consistent with the guaranteed maximum price, to enable the design-build entity to complete the remaining design, preconstruction, and construction activities sufficient to complete and close out the project.
c. 
If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the project exceed the guaranteed maximum price, the costs exceeding the guaranteed maximum price shall be the responsibility of the design-build entity. If the costs for these activities are less than the guaranteed maximum price, the design-build entity shall not be entitled to the difference between the cost and the guaranteed maximum price unless there is a prior written agreement concerning the sharing of these funds. Costs include the design-build entity's direct costs, general conditions, overhead, and fee.
d. 
If the City and the design-build entity do not reach agreement on a guaranteed maximum price, or the City otherwise elects not to amend the design-build entity's contract to complete the remaining work, the City may solicit proposals to complete the project from qualified firms and award a contract on a best value basis.
e. 
The design professionals responsible for performing design services on behalf of a design-build entity that has been replaced pursuant to subsection (E)(4)(d) of this section shall have sole liability for their design errors and omissions, if the City elects to use their complete and stamped designs with subsequent design build entities or licensed contractors.
5. 
The City recognizes that the design-build entity is charged with performing both design and construction. Because a design-build contract may be awarded prior to the completion of the design, it is often impracticable for the design-build entity to list all subcontractors at the time of the award. It is the intent of the City to establish a clear process for the selection and award of subcontracts entered into pursuant to this subsection E in a manner that retains protection for subcontractors while enabling design-build projects to be administered in an efficient fashion. All of the following requirements shall apply to subcontractors, licensed by the state, that are employed on design-build projects:
a. 
Each design-build proposal must specify the construction trades or types of subcontractors that may be named as members of the design-build entity at the time of award. All trades necessary to accomplish the purposes of the project must be specified. All subcontractors that are listed at the time of award of the design-build contract shall be afforded the protection of all applicable laws.
b. 
All subcontracts that were not listed by the design-build entity at the time of award shall be awarded by the design-build entity in accordance with a bidding process established in the design-build contract including requirements for the listing of subcontractors in the manner required by California statute for bidding of public works contracts.
6. 
All design-build contracts under this subsection E shall be awarded by the City Council.
F. 
Contracts let under the best value or competitive negotiation procurement must comply with the following procedures:
1. 
The Public Works Director will solicit formal proposals. Notice of request for proposals must be posted for not less than 30 days on the City's website and may be given in any other manner determined by the Public Works Director to be appropriate for the project. The request for proposals must: specify the date, time, and place for submission of proposals; contain a description of the project and the location where plans and specifications for the project may be obtained; contain a description of the information to be submitted by each proposer: contain the factors for evaluation of each proposal including the relative weight to be given to each factor.
2. 
In addition to price, the factors for selection of a successful proposer may include the following:
a. 
Demonstrated experience performing the same or similar work;
b. 
Experience of core personnel to be assigned to the project;
c. 
Financial condition and stability;
d. 
Successful performance of the same or similar work;
e. 
Prior record of performance on projects for the City;
f. 
History of compliance with local, State, and Federal laws, regulations, and policies governing public works contracts;
g. 
Proposed quality control and quality assurance plan for the project;
h. 
Proposed mobilization, construction, and demobilization plan for the project;
i. 
Proposed public and traffic safety control plan for the project;
j. 
Other factors the Public Works Director deems relevant to obtaining the best value for the City.
3. 
All contracts under this subsection F shall be awarded by the City Council.
G. 
A construction manager at risk contract means a successive combination of written contracts relating to a single project between the City and a construction manager at risk entity where the latter agrees to perform preconstruction services and construction services for the City at or under a guaranteed maximum price. A construction manager at risk entity must hold a California General Engineering Contractor's License Class A; California General Building Contractor License Class B; or a General Specialty Contractor License Class C as appropriate for the project. The City may enter into construction manager at risk contracts as follows:
1. 
Before procuring a construction manager at risk contract, the Public Works Director will shall prepare a request for proposals that references an engineering design for the work prepared by City engineers or by design professionals under contract to the City. The engineering design need not be complete but must be sufficiently developed as to the project size, location, and anticipated construction cost and schedule so as to permit meaningful proposals to be submitted and evaluated. The request for proposal must indicate the scope of preconstruction services and construction services sought and identify the factors that will be used for selection of the construction manager at risk entity. Selection of a successful construction manager at risk entity must be based upon the selection factors stated in the request for proposals.
2. 
The Public Works Director may establish prequalification requirements consistent with the provisions of Section 4.52.210 of this chapter.
3. 
Construction manager at risk contracts will be entered into with the same entity for preconstruction services and constructions services. The letting of a preconstruction services contract will not bind the City to enter into a construction services contract but does provide a priority basis for negotiation of a construction services contract with the same construction manager at risk entity through the negotiation of a guaranteed maximum price. If the City and the preconstruction services contractor cannot reach agreement on a construction services contract, as determined by the City Council, the City may award a construction services contract to a different entity.
4. 
Preconstruction services agreements and construction services agreements must have a guaranteed maximum price. Certain business terms for the construction services agreement may be conditionally agreed upon in the preconstruction services agreement but are limited to the costs of contract general conditions, hourly labor rates, overhead, and the construction manager at risk entity's proposed fee. Cost of labor, equipment, and materials to be provided by subcontractors or self-performed by the construction manager at risk entity will not be included in the preconstruction services agreement but will be reserved for proposal, negotiation, and agreement on a guaranteed maximum price in the construction services agreement.
5. 
All subcontracts under a construction manager at risk contract will be procured according to a competitive procurement process as stated in the contract. The provisions of Public Contract Code Sections 4100 through 4144, as amended, apply to construction services under a construction manager at risk contract. In preparing its proposal for a construction services contract the construction manager at risk entity will provide a list of subcontractors in accordance with Public Contract Code Sections 4100 through 4144.
6. 
All contracts under this subsection G will be awarded by the City Council.
H. 
The Public Works Director is authorized and directed to establish and update on a regular basis, but not less than every two years, a list or lists of qualified contractors for use under subsections B and C of this section. The Public Works Director is authorized and directed to establish minimum qualifications for contractors according to categories of work and a process for contractors to be included on the list by submission of a response to a publicly noticed request for submission of qualifications. Notice of the request for submission of qualifications will be given in the manner for solicitation of bid and to any contractor that has submitted a written request for notices within one year of the solicitation for proposals.
I. 
The Public Works Director may establish administrative procedures for the implementation of this Section.
J. 
The Public Works Director may promulgate procedures and requirements for notice, submission, and protest of bids and proposals under this section, including use of electronic bidding. Notice of bids may be given in any manner, determined by the Public Works Director to be appropriate under the circumstances, in addition to notice by publication as required by Section 4.52.060 or 4.52.070 as applicable.
(Ord. 5724, 2015; Ord. 5836, 2018; Ord. 6066, 2022; Ord. 6150, 4/16/2024)
The City Administrator or designee may purchase library books and library periodicals in accordance with the budget approved by the City Council.
(Ord. 3832 §1, 1976; Ord. 5836, 2018)
The award of contracts for professional services shall comply with Section 518 of the City Charter or any other procedures established by ordinance or resolution of the City Council consistent with Charter Section 518.
(Ord. 5494, 2009; Ord. 5836, 2018)
The City Administrator shall prepare and promulgate procedures for the suspension or debarment of nonresponsible bidders or contractors, and such procedures shall be approved by resolution of the City Council. The City shall not award any contract to vendors on the State of California's Debarment List or on the Federal Excluded Parties List.
(Ord. 5494, 2009; Ord. 5836, 2018)
A. 
A contract for construction of public works or improvements, except maintenance and repair, in an amount of $5,000,000.00 or greater, as estimated by the City Engineer, shall include a requirement for a project labor agreement. The requirement shall be included in the procurement documents and contract.
B. 
The City Council may approve a project labor agreement by resolution.
(Ord. 5866, 2018; Ord. 6150, 4/16/2024)
A. 
The Public Works Director may establish a contracting procedure for a public work contract requiring competitive bidding under Section 519 of the City Charter that includes a process for prequalification of potential contractors or subcontractors, or both contractors and subcontractors.
B. 
The Purchasing Agent may establish a contracting procedure for a public work contract requiring competitive bidding under Section 4.52.070 of this chapter that includes a process for prequalification of potential contractors or subcontractors, or both contractors and subcontractors.
C. 
As used in this section, the term prospective bidder means a contractor or subcontractor responding to a prequalification notice. The term Director means the Public Works Director for prequalification procedures under subsection A above, and the Purchasing Agent for prequalification procedures under subsection B above.
D. 
A prequalification notice inviting prequalification information may invite prospective bidders to submit information that will permit the Director to determine in advance of advertising of a notice inviting bids that a prospective contractor is responsible to perform a proposed contract or that a prospective subcontractor is responsible to perform specified kinds of work. A prequalification notice may include minimum qualification requirements.
E. 
A prequalification notice shall be advertised in the manner prescribed for the proposed contract and may be advertised in any manner, including posting on the City's website or electronic procurement system as determined appropriate by the Director. When bids will be considered only from bidders determined to be prequalified, the notice inviting bids shall state that only prequalified bidders are eligible to submit a bid.
F. 
The responsibility of each prospective bidder will be based on the bidder's response to the prequalification notice. Bidding shall be restricted to bidders determined by the Director to be responsible. When a prequalification notice includes subcontractors, the performance of subcontracts shall be restricted to subcontractors determined by the Director to be responsible. In determining responsibility, the Director may consider:
1. 
The prospective bidder's experience in the design, construction, fabrication, assembly, or manufacture of works or materials similar to what will be called for under the contract documents;
2. 
The experience of others having contracted with the prospective bidder in the construction, fabrication, assembly, or operation of similar works or materials designed, constructed, fabricated, or assembled by the prospective bidder;
3. 
The physical plant, facilities, and equipment the prospective bidder proposes to employ in the performance of a proposed contract or subcontract;
4. 
The experience and expertise of a prospective bidder's responsible managing personnel, key staff members, and other employees who would be assigned to the work if the prospective bidder were awarded the contract or subcontract;
5. 
The financial capability, capability to procure appropriate insurance and bonding, and resources of the prospective bidder to perform the proposed contract or subcontract;
6. 
Any other factor bearing on the responsibility of a prospective bidder that is specified in the prequalification notice.
G. 
If the Director determines a prospective bidder to be not responsible based on the responses to the notice, the Director shall give written notice of the determination together with the reasons therefor to the prospective bidder. The notice shall provide the prospective bidder an opportunity to request a meeting with the Director before the decision becomes final. The request for a meeting must be filed in writing with the Director no later than 5:00 p.m. of the tenth day following the date of the notice. If a request for a meeting is not filed, the decision is final. The Director shall promptly schedule a meeting and provide the prospective bidder not less than seven days' notice of the time and date of the meeting. At the meeting, the prospective bidder will be provided the opportunity to present oral and/or documentary evidence rebutting the preliminary determination of non-responsibility. The prospective bidder may be represented by an attorney or other designated representative. The meeting will not be quasi-judicial and will not be conducted according to the technical rules relating to evidence and witnesses applicable to quasijudicial proceedings. Any relevant evidence, including hearsay, may be considered if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. After the meeting the Director shall make a final determination in writing stating the reasons for the determination. The Director's decision following the meeting is final, except for the possibility of judicial review. If a final decision by the Director is made less than 30 days before a date set for the notice inviting bids, the notice shall be postponed to a date not less than 30 days after the date of decision.
H. 
Prequalification is not a conclusive determination of responsibility. A prequalified bidder may be rejected as not responsible based on subsequently discovered information or because the bidder fails to submit a responsive bid.
I. 
This section is enacted as an exercise of the City's municipal affairs charter power to establish an alternate procedure for prequalification of bidders. The authority granted by this section is additional to any other authority for prequalification of bidders established by law.
(Ord. 6066, 2022)