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.
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.
A person or entity that submits a bid, quotation or other
offer other than a proposal.
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.
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.
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.
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.
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.
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.
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.
All property other than real estate, including, but not limited
to, equipment, supplies, and materials.
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.
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.
The general services manager of the City of Santa Barbara.
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 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.
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.
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.
(Ord. 5494, 2009; Ord. 5836, 2018; Ord. 5914, 2019; Ord. 6150, 4/16/2024)
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:
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.
D.
City Projects having an estimated construction value over $500,000.00
may be let to contract under any of the following procedures:
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.
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.
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.
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.
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)
