Prior History: Former Chapter 2 Article 5 Purchasing, compiled of Ord. 2170 2-19-74; Ord. 2178 4-23-74; Ord. 2387 11-25-80; Ord. 90-34 1-29-90; Ord. 99-3 2-2-99; Ord. 03-19 10-14-03Ord. 06-04 4-11-06; Ord. 06-19 10-24-06; Ord. 15-19 9-1-15; Ord. 16-07 7-26-16; Ord. 21-07 4-13-21; Ord. 22-07 4-5-22Ord. 23-11 5-9-23; repealed and replaced by Ord. 25-01, 1/16/2025.
This purchasing system is adopted to establish efficient procedures for acquiring goods and services at the lowest possible cost without sacrificing quality, to maintain financial oversight of purchases, and clearly define authority for the expenditure of public funds.
(Ord. 25-01, 1/16/2025)
As used in this Article, the following definitions shall apply:
"Best qualified person or firm"
shall mean the person or firm whose proposal, ranks the highest in accordance to the criteria specified in the solicitation document.
"Competitive bidding"
is a price only selection process where the contract award is to the lowest responsive and responsible bidder.
"Competitive procurement,"
refers to the formal or informal process of soliciting bids, proposals, quotes, or other similar offer from vendors for the procurement of goods or services to determine contract award. Depending on the nature of the goods or services being sought, the City's evaluation will be based on the "lowest responsive and responsible bidder" or "best qualified person or firm" as more fully detailed in the City's Request for Bids, Request for Proposals, Request for Quotes or similar solicitation document. The City may utilize alternative project delivery methods and procurement strategies for public works projects, instead of awarding to a lowest responsive and responsible bidder, as more fully detailed in the solicitation document.
"Competitive selection"
is a process whereby various criteria are used to determine which person or firm offers the City the overall best value. Criteria in addition to cost are weighed and a contract can be awarded to the best qualified person or firm instead of the person or firm with the lowest price.
"Emergency"
means a sudden, unexpected occurrence, requiring immediate action necessary to permit the City's continued operation or provision of services. An emergency purchase shall be limited to such goods and services necessary to satisfy the emergency need.
"Goods"
include, but are not limited to, materials, supplies, and equipment.
"Lowest responsive and responsible bidder"
shall mean the lowest bidder whose bid best responds in quality, fitness, and capacity to the requirements of the proposed work or usage.
(Ord. 25-01, 1/16/2025)
The Finance Director or Finance Director's designee is the City's Purchasing Officer. Under the supervision of the City Manager, the Purchasing Officer shall have authority to:
(a) 
Negotiate, purchase and obtain goods and services in accordance with applicable Federal, State and local laws, and regulations prescribed by the City Council or City Manager.
(b) 
Procure quality goods and services at the least expense to the City.
(c) 
Discourage uniform bidding and endeavor to obtain fair and open competition on all purchases and sales.
(d) 
Prepare and recommend rules and regulations governing the purchase of goods and services to the City Manager.
(e) 
Stay informed on developments in procurement practices of government agencies, market conditions, prices, and new products, through research and conferring with other government agencies, national technical societies, trade associations, and private sector organizations.
(f) 
Develop and maintain forms to streamline the City's procurement procedures while ensuring compliance with this Article. Provide city staff with training on the City's procurement procedures.
(g) 
Prepare and adopt a standard purchasing nomenclature for City departments and vendors.
(h) 
Prepare and maintain a vendors' catalog containing descriptions of vendors' goods, services, prices and discounts.
(i) 
Exploit the possibilities of buying "in bulk" so as to take full advantage of economies of scale discounts.
(j) 
Determine that bid specifications are adhered to in all respects.
(k) 
Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use.
(l) 
Exercise propriety review over all purchases and make recommendations to the City Manager.
(Ord. 25-01, 1/16/2025)
With approval of the City Manager, the Purchasing Officer may authorize a department to purchase goods independently when it is more advantageous. Such authorization shall be in writing and conditioned upon compliance with this Article.
(Ord. 25-01, 1/16/2025)
All City departments and offices shall file detailed requisitions and estimates of their goods and services requirements with the Purchasing Officer. The Purchasing Officer shall review each requisition and have the authority to revise the quantity, quality, or estimated cost, provided that a change in quality will not vary substantially from the standards of the department or office and the appropriate department head is consulted when practicable.
(Ord. 25-01, 1/16/2025)
(a) 
Authority to Award Contracts and Purchase Orders.
(1) 
The City Council shall award all contracts and purchase orders for goods and services over one hundred thousand dollars.
(2) 
The City Manager is authorized to award all contracts and purchase orders for goods and services not-to-exceed one hundred thousand dollars.
(3) 
The Purchasing Officer is authorized to award purchase orders for goods only, not-to-exceed one hundred thousand dollars.
(b) 
All contracts and purchase orders for goods and services shall be awarded in accordance with the competitive procurement procedures outlined in this Article, unless otherwise exempt.
(c) 
It shall be unlawful for any officer, employee, or agent of the City to purchase goods or services or otherwise make any contract that is not in compliance with this Article. Any contract or purchase order awarded contrary to the provisions of this Article shall not be binding on the City and the City shall not be obligated there under unless ratified by the City Council or City Manager.
The City Manager shall have the authority to ratify unauthorized contracts or purchases not-to-exceed fifteen thousand dollars per contract or purchase. The City Manager shall file a report, detailing this action, with the City Council at a regularly scheduled meeting held within sixty days of ratification.
(Ord. 25-01, 1/16/2025)
Unless an exception to competitive procurement applies, all contracts or purchase orders shall be awarded pursuant to informal or formal competitive bidding or competitive selection.
(Ord. 25-01, 1/16/2025)
(a) 
Informal Bidding And Competitive Selection Contract Limits. Every contract or purchase order over twenty-five thousand dollars and up to one hundred twenty-five thousand dollars shall be informally procured via competitive bidding or competitive selection unless an exception in Section 2-198.1 applies.
(b) 
Informal Competitive Bidding Procedure.
(1) 
Awards Exceeding twenty-five thousand dollars to one hundred thousand dollars. The Purchasing Officer shall informally issue solicitations by giving notice to the vendors listed in the most current bidders' list for the particular goods and/or services being procured. If the Purchasing Officer is aware of a vendor that is not on the list, the Purchasing Officer shall also issue the solicitation to that vendor.
(2) 
Awards Exceeding one hundred thousand dollars to one hundred twenty-five thousand dollars. Sealed bids shall be required to be submitted in order to award a contract for solicitations of goods and/or services estimated to exceed one hundred thousand dollars. The Purchasing Officer shall notify the vendors of the solicitation in writing at least ten days before the deadline for submitting a response and provide a copy of the solicitation. The Purchasing Officer, City Manager, or City Council may shorten the timeline for urgent matters. No bid bond or published notice inviting bids shall be required.
(3) 
The Purchasing Officer shall publically open each response to a solicitation at the time and place designated for opening. The responses shall be tabulated and held in the Purchasing Officer's office for public inspection for thirty days.
(4) 
Local Preference. The City may extend a local small business preference pursuant to Chapter 2, Article 5(A) of the Municipal Code.
(c) 
Informal Competitive Selection Procedure.
(1) 
Awards Exceeding twenty-five thousand dollars to one hundred thousand dollars. The Purchasing Officer shall informally issue solicitations by giving notice to the persons or firms listed in the most current bidders' list for the particular services being procured. If the Purchasing Officer is aware of a person or firm that is not on the list, the Purchasing Officer shall also issue the solicitation to that person or firm.
(2) 
Awards Exceeding one hundred thousand dollars to one hundred twenty-five thousand dollars. Sealed proposals shall be required to be submitted to award a contract for solicitations of services estimated to exceed one hundred thousand dollars. The Purchasing Officer shall notify the persons or firms of the solicitation in writing at least ten days before the deadline for submitting a proposal and provide a copy of the solicitation. The Purchasing Officer, City Manager, or City Council may shorten the timeline for urgent matters.
(3) 
Proposal Submittal and Opening. The Purchasing Officer shall publicly announce the names of the proposers who submitted proposals. The City may keep the names of the entities submitted proposals, as well as the contents and evaluations confidential to the extent permitted by law.
(Ord. 25-01, 1/16/2025)
(a) 
Formal Competitive Bidding and Competitive Selection Threshold. Unless an exception in Section 2-198.1 applies, all contracts or purchase orders over one hundred twenty-five thousand dollars shall be awarded through a formal competitive bidding or selection procedure.
(b) 
Formal Competitive Bidding Procedure.
(1) 
Notice Requirement. Notice shall be published in a newspaper of general circulation in the City of Inglewood by at least one insertion, which shall be at least fifteen days prior to the time designated for opening bids. Bid notices for construction projects shall be sent to at least one trade periodical in sufficient time to permit such periodicals to publish said notice at least fifteen days before the bid opening time. The notice shall include a general description of the good and/or service desired; shall state the time, date and place of bid opening; and shall designate where the solicitation documents may be obtained.
(2) 
Bidder's List. Such notice shall also be sent on or before the deadline for newspaper publication to those persons and firms listed in the City's latest bidders' list with a general description of the good and/or service desired by the City and posted on the City's online vendor portal website.
(3) 
Bulletin Board Notice. All pending purchases or sales shall be noticed by posting on the public bulletin board of the City Hall.
(4) 
Bidders' Security. All bids must be sealed and, if required by the City in the solicitation, bids must be accompanied by security in the form of either cash, cashier's check, certified check or surety bond in a sum equal to ten percent of the total aggregate bid. In the event a bid bond is required and the successful bidder fails or refuses to execute the contract within the time designated in the bid documents, his or her bid security shall be forfeited and the City Council may award the contract to the next lowest responsive and responsible bidder.
(5) 
Other Bond Requirements. The City may require a faithful performance bond, labor and material bond and other bonds in an amount reasonably necessary to protect the City's interest in obtaining the services or work involved. If bonds are required, the form and amount thereof shall be designated in the Notice Inviting Bids.
(6) 
Opening Procedure. All bids must be submitted to the City Clerk who shall safeguard them in a sealed condition until the time noticed for public bid opening. Bids will be opened publicly at the time and place stated in the public notice, by the City Clerk or designee, together with the Purchasing Officer or designee. A tabulation of all the bids received shall be available for public inspection in the Purchasing Office for a period of no less than thirty calendar days after the bid opening.
(7) 
Compilation of Bids and Recommendations. Following the opening of bids the Purchasing Officer shall compile all of the bids and submit them to the City Manager together with a recommendation as to which bid he or she considers best, taking into consideration the recommendation of the department head involved, the bid, compliance with specifications and responsibility of the bidder. The City Manager shall forward the compilation of bids and the Purchasing Officer's recommendation with respect to an award to the City Council.
(8) 
Award or Alternative Procedure. The City Council may make an award of contract to the lowest responsive and responsible bidder or, in the alternative, either reject all bids and readvertise, or authorize the City itself to perform the work, or directly acquire the goods desired in accordance with the immediately following provision:
(9) 
Direct Method. After bids are rejected or if no bids are received, the City Council by three affirmative votes may, order the work done by City personnel and equipment or authorize the purchase of the goods or services involved on the open market without complying with the requirements of this Article; provided that the City Council receive competent information or data that the City itself is capable of completing the project involved in a more satisfactory or economical manner, or that the goods or service may be purchased more economically on the open market.
(10) 
Tie Bids. If two or more bids are received which are in all respects equal, the contract shall be awarded to a bidder maintaining a place of business in Inglewood; however, if all or none of such bidders maintain a place of business in Inglewood then the contract shall be awarded by;
(i) 
Reject all bids and reissue a notice inviting bids; or
(ii) 
Reject all bids and authorize negotiation of an agreement between the City and one of the equivalent bidders; or
(iii) 
Drawing lots.
(c) 
Formal Competitive Selection Procedure.
(1) 
Notice Requirement. The Purchasing Officer shall notify the persons or firms of the solicitation in writing at least fifteen days before the deadline for submitting a proposal and provide a copy of the solicitation.
(2) 
Opening Procedure. All proposals shall be submitted to the Purchasing Office and will be safe guarded in a sealed condition until the time noticed for opening. The City may keep the names of entities submitting proposals, as well as the contents and evaluations confidential to the extent permitted by law.
(3) 
Evaluation Criteria. In determining the best qualified person or firm, for award of an agreement, the City shall consider all of the criteria referenced in the solicitation document. The City shall have absolute discretion in determining the applicability and weight of the criteria in the solicitation document. The City is not required to select the proposal with the lowest price.
(4) 
Selection Recommendation. Following the evaluation of the proposals, the Purchasing Officer will submit his or her recommendation to the City Manager taking into consideration, the recommendation to the department head and selection committee, the weighted score, compliance with the scope of services and the responsibility if the best qualified person or firm. The City Manager shall forward the proposals and the Purchasing Officer's recommendation with respect to award, to the City Council.
(5) 
Award. The City Council may make an award of contract to the best qualified person or firm or in the alternative, reject all proposals and readvertise.
(Ord. 25-01, 1/16/2025)
Contracts between the City and the successful contractors for pre-construction services, design, construction, finance, operations and maintenance, and related services for the In glewood Transit Connector Project ("ITC Project") may be procured in accordance with the following subsections:
(a) 
Alternative Methods. With respect to any procurement and contract under this Section, the City may utilize some or all of the following project delivery methods and procurement strategies:
(1) 
Alternative project delivery methods, including, but not limited to, design-build, design-build-maintain, design-build-finance-maintain, design-build-operate-maintain, design-build-finance-operate-maintain, concession arrangements, early contractor involvement, early works agreements, and other forms of alternative project delivery, or any combination of any such methods.
(2) 
Use of a best value approach to procure and contract for delivery of the ITC Project, which approach shall generally set forth the criteria the City will evaluate when reviewing submittals, the relative weight of such criteria in the evaluation process, and the factors the City will consider in making its award determination, including, but not limited to, experience and qualifications, technical proposals and other related factors, in addition to contract price.
(3) 
Competitive solicitations using requests for qualifications, short-listing of qualified proposers, requests for proposals, pre-proposal procedures consistent with appropriate protocols including review and assessment of design and architectural components, meetings or interviews with individual short-listed proposers, and community engagement and previews of proposer solutions, revised proposals, and best and final offers.
(4) 
Negotiations with proposers prior to award to allow clarification and changes in the proposals.
Should the City elect to use a competitive solicitation in connection with any procurement or contract under this Section, the City shall have the discretion to require some or all of the procurement procedures described in subsection (b) below.
(b) 
Procurement Process. With respect to any procurement and contract under this Section in which the City issues a request for qualifications, request for proposals or similar solicitation document, the City may utilize some or all of the following procurement procedures:
(1) 
The City shall take adequate measures to treat each proposer fairly and employ reasonable precautions to prevent the disclosure of confidential or proprietary information contained in any one proposal with other proposers, except as may be required by law.
(2) 
The City may identify a process whereby proposers may request and receive authorization to deviate from technical and financial specifications, provided the proposer has demonstrated to the City's satisfaction that the proposed deviation will meet or exceed the applicable specifications.
(3) 
To the extent permitted by applicable law, the City may withhold proposals from release or disclosure until the award of the contract and the conclusion of any protest or other challenge to such award or the lapse of the protest period without challenge.
(4) 
The City may require that all proposals be submitted to the City's designated procurement manager for the ITC Project, who shall safeguard them in a manner and at a location the designated procurement manager deems appropriate to reasonably maintain the confidentiality and security of the proposals.
(5) 
The City may require that every proposal for any contract under this Section be accompanied by proposal security, subject to terms and conditions and in such amounts as determined in the City's discretion, securing the proposer's obligation to enter into the proposed contract if the same be awarded to it.
(6) 
The City may require the party directly under contract with the City, one or more of that party's prime contractors, or any combination thereof, to provide performance and payment security in the form of bonds, guarantees, letters of credit or any other type of financial instrument, or any combination of the foregoing for all or part of the cost of the ITC Project. To the extent permitted by applicable law, the City may set the amounts of such performance and payment security based on its determination of what is required to adequately ensure payment of subcontractors and protect the City's interests.
(7) 
The City may pay stipends or payments for work product on terms and conditions and in such amounts as determined in the City's discretion.
(8) 
In exchange for such stipend or payment for work product, the City may require the proposer to grant to the City the right to use any work product contained in the proposer's proposal.
(9) 
To the extent permitted by applicable law, the City may allow contractors identified in a proposal for a contract procured under this Section to delay compliance with applicable licensing requirements until contract execution or financial close, as determined by the City in its sole discretion.
(10) 
To the extent permitted by applicable law, the City may set a uniform rate of interest on payments due and owing but not yet made on contracts related to the ITC Project.
(11) 
To the extent that the City utilizes any of the procurement procedures described in this subsection, the request for qualifications, request for proposals or similar solicitation documents issued under this Section will specify relevant terms and conditions.
(12) 
The City may allow the proposers to submit subcontractor information and details of work to be subcontracted after contract execution.
(13) 
The City may allow the proposers to propose and arrange more than one subcontractor for each portion of subcontracted work.
(c) 
Contracting. Notwithstanding any other provision of law, the City may include in a contract entered into under this Article any provision that the City determines is necessary or appropriate. Examples of such provisions include, but are not limited to, the following:
(1) 
Provisions addressing the allocation and management of project risks, including, without limitation, design, construction, geotechnical, delay, permitting, governmental approvals, change of law, change in utility costs, operations and maintenance, force majeure, inflation and financing risks.
(2) 
Provisions providing that the City may pay the contractor by making periodic payments to the contractor through the term of the contract or any portion thereof. Such payments may include: availability, milestone, progress, substantial completion or final acceptance payments; payments for costs related to design, construction, financing, operations and maintenance; payments for costs incurred from utilities, land acquisition, and any other project development costs; and a rate of return on the contractor's investment the City determines to be appropriate.
(3) 
Provisions providing that the City may make downward adjustments to payments owing to the contractor where the contractor fails to achieve performance specifications or otherwise fails to comply with its obligations under the contract.
(4) 
Provisions requiring that either the City or the contractor provide the utilities required during construction and operation of the ITC Project.
(5) 
Provisions requiring the use of arbitration or other alternative dispute resolution procedures to resolve disputes between the City and the contractor. Such alternative dispute resolution procedures may include, but are not limited to, binding or nonbinding process, arbitration or mediation, the establishment of a board to hear disputes and/or resort to the courts.
(6) 
Provisions addressing the City's requirements for operations, maintenance, renewal, rehabilitation, reequipping, use and change in use of the ITC Project, flexibility to expand the ITC Project, and provisions allocating performance obligations between the contractor and the City with respect to such requirements.
(7) 
Provisions providing for compensation of the contractor upon early termination of the contract, including, but not limited to, termination by the City for its convenience, or termination by default of either the City or the contractor. Compensation on termination amounts and formulas shall be as determined by the City in its discretion.
(8) 
Provisions specifying events of default and remedies available to the contractor and the City.
(9) 
Provisions setting forth the technical standards and specifications with which the contractor must comply, including, but not limited to, performance standards and output specifications, together with provisions allowing the City to enforce, amend or waive such technical standards and specifications.
(10) 
Provisions requiring that the contractor obtain and maintain insurance with such coverages and deductibles as determined by the City to be appropriate in its discretion.
(11) 
Provisions regarding the maintenance and auditing of the contractor's books and records.
(12) 
Provisions requiring the contractor to waive certain rights and benefits conferred by Public Contract Code Section 7104, to the extent that it may be inconsistent with any provision of the contract.
(13) 
Provisions specifying no withholdings and retainages or specifying withholding and retainages in amounts, percentages and frequency the City deems appropriate, and the terms and timing of release.
(14) 
Provisions specifying the terms and timing for making payments to the contract.
(15) 
Provisions specifying the rate of interest on late payment to the contractor.
(16) 
Provisions allowing or precluding securities as substitution for retention or payment of retention into an escrow.
(d) 
Funding and Financing. The City may utilize any lawful source of funding and financing, or combination thereof, for the development, design, construction, operations, maintenance, and renewal of the ITC Project. The City is hereby authorized to:
(1) 
Require the contractor to arrange for all or a portion of the financing required for the ITC Project and the City may elect in its discretion to participate with the contractor in any gains realized through the refinancing of the ITC Project, as determined by the City in its discretion.
(2) 
Pursue and apply for, and accept from the United States, any state, or any of their respective agencies, or from any regional or local governmental entity, such funds and credit assistance as are available to it for carrying out the purposes of this Article, whether the funds are made available by grant, loan, guaranty, line of credit or other financing arrangement, and pursue and apply for such funds and credit assistance to the extent necessary to support the contractor's use of such mechanisms to arrange for all or a portion of the financing required for the ITC Project.
(3) 
Enter into such arrangements and other agreements with the United States, any State, or any of their respective agencies, or with any State, regional or local governmental entity, as may be necessary, proper, and convenient for carrying out the purposes of this Section.
(4) 
Accept from any source any grant, donation, gift, pledge, or other form of conveyance of land, money, other real or personal property, or other valuable thing made to the City for carrying out the purposes of this Section.
(5) 
Impose and collect fees, rents and charges from users of the ITC Project, as well as other project-generated revenue streams (including, but not limited to, advertising, corporate sponsorships, joint use and fiber optic technology). The City may increase such fees, rents and charges and use lawful measures to enforce such fees, rents and charges and/or authorize a contractor or another public entity to impose, collect, increase and enforce such fees, rents and charges to the same extent as available to the City. The use, application and sharing of such fees, rents, charges and revenue streams by the City or the contractor shall be as determined by the City in its discretion.
(6) 
Consider and adopt other alternative strategies for increasing ITC Project revenues as a means to reduce long term ITC Project costs payable by City or its assignee.
(7) 
Utilize any other lawful source of funding and financing, or combination thereof, that the City determines is necessary or appropriate.
(Ord. 25-01, 1/16/2025)
(a) 
Prior to making an award of contract exceeding one hundred thousand dollars the City Council shall afford any bidder who is present at the particular Council meeting an opportunity to testify or present evidence pertaining to the bidding procedures or documents employed if there is a complaint with respect thereto.
(b) 
No contract shall be awarded to a lowest responsive and responsible bidder unless prior thereto, notice of the hearing shall have been mailed to all of the bidders at least five days prior to a hearing and each shall have been given an opportunity to:
(1) 
Testify and present evidence pertaining to any matter relating thereto;
(2) 
Cross examine or question any person testifying; and
(3) 
Be present during all stages of the Council's award hearing. Upon conclusion of the hearing, Council may make an award and when such determination is made, it shall be final.
(Ord. 25-01, 1/16/2025)
(a) 
With respect to contracts and purchase orders using City funds, the competitive bidding procedures and requirements in this Article may be dispensed with in any of the following instances:
(1) 
Twenty-five Thousand Dollars or Less. When the estimated amount involved is twenty-five thousand dollars or less, when a good or service is being purchased.
(2) 
Standardization of Goods and/or Services. When goods and/or services are required to maintain consistent operation or function to an existing technology or public safety system or program already in use by the City, provided such purchases do not exceed the cost of five hundred thousand dollars. Examples of items lending themselves to standardization are computer equipment, computer hardware and software products, public safety equipment such as ammunition, ballistic vests, light bars, mobile radios, camera systems and fire apparatus.
(3) 
Sole Source Goods or Services. Sole source means those purchases where it would be undesirable or impossible for the City to advertise for a particular work or for patented items, or experimental or unique services or products, or where competitive purchases would be unavailable or would not prove advantageous for the City. No sole-source purchase may be made where to do so would show favoritism, improvidence, extravagance, fraud, or corruption, or result in the waste of public funds, but may be used only to obtain the best economic result for the public.
(4) 
Emergency Procurements.
(i) 
By the City Council after a vote of three-fourths of those present upon findings supported by competent information or data that such goods or services is urgently and imminently necessary for the preservation of life, health, property or the protection of the public welfare.
(ii) 
By the City Manager provided that: (A) the total cost to the City shall not exceed one hundred fifty thousand dollars; and (B) the agreement for the emergency goods and/or services is ratified by the City Council at a regularly scheduled meeting held within sixty days after purchase.
(iii) 
By the Public Works Director provided that: (A) the Public Works Director has established a call out list of contractors available to perform emergency pipeline, electrical or mechanical repair work. The call out list shall be updated annually and consist of contractors known to provide quality work for the City or in other jurisdictions; (B) the total cost to the City shall not exceed one hundred thousand dollars; and (C) the agreement for the emergency goods and/or services is ratified by the City Council at a regularly scheduled meeting held within sixty days after purchase.
(5) 
Cooperative Purchases. Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program. Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement. For the purposes of this Section, the term cooperative governmental purchase program means any combination between the City and any other public agency or public agencies for the joint purchase of goods and/or services.
(6) 
When the City Council has approved group food purchasing programs for senior citizens and/or youth, eighteen years old and under.
(7) 
Professional Services. Nothing shall be construed to preclude the city from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this Article. The term "professional services" means services entailing a high degree of specialized technical or mental skill. Such services include, but shall not be limited to, attorneys, physicians, appraisers, accountants, collection agency, detective agency, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic's and optometry.
(8) 
Procurements funded by grants, donations or gifts when the special conditions attached to the grants, donations or gifts require the procurement of particular goods and/or services.
(9) 
Where competitive bids or proposals have been solicited, and no bid or proposal has been received. In such a situation the Purchasing Officer may proceed to have the services performed or the goods procured without further competitive bidding.
(10) 
Insurance and bonds.
(11) 
Public library collection materials and/or services for the provision of public library collection materials or other books or periodicals.
(12) 
Goods and services provided by another governmental, public or quasi-public entity.
(13) 
Membership dues, conventions, training, and travel arrangements.
(14) 
Works of art, entertainment or performance.
(15) 
Proprietary subscriptions, proprietary publications, and or/technical manuals (manual, law books, technical manuals, technical services related to publications, etc.) regardless of media format, up to fifty thousand dollars per year.
(b) 
Contracts or purchase orders awarded with non-City funds shall follow the rules of the funding entity (Federal, State, County funds, donations, etc.).
(Ord. 25-01, 1/16/2025)
No purchase or project shall be split or separated into smaller acquisitions or projects for the purpose of evading the provisions of this Article. In estimating the cost of any acquisition or project, City officers shall consider all elements of potential cost in determining whether or not to follow the formal bidding procedure designated in this Article. Purchases and acquisitions shall be made by a written instrument approved as to form by the City Attorney. Collusive or "accommodation" bidding is prohibited.
(Ord. 25-01, 1/16/2025)
Obsolete or surplus personal property shall be disposed of by a method determined by the Purchasing Officer to be of the most value and in the City's best financial interest; however, property acquired through Federal or State funds must be disposed of in accordance with the requirements of the funding agency. The following methods may be used:
(a) 
Public Auction or Sealed Bids. The Purchasing Officer may dispose of obsolete or surplus property via a competitive sale to the public, generally through auction or sealed bid. Both methods cannot be conducted less than five days following posting of notice on the City's bulletin board and such other advertising as the Purchasing Officer deems sufficient to attract sufficient prospective buyers.
(b) 
Transfer From One City Division to Another. The Purchasing Officer may transfer surplus property from one City division to another.
(c) 
Transfer To a Not-For-Profit Entity. At the discretion of the Purchasing Officer or City Council, the Purchasing Officer may transfer obsolete or surplus property to a not-for-profit entity by donation.
(d) 
Trading In For a New Purchase. At the discretion of the Purchasing Officer or City Council, the Purchasing Officer may bargain with vendors for the trading in of obsolete or surplus property as an offset or allowance on the purchase of other property, provided all vendors are given are given an equal opportunity to view and appraise the property for such purpose.
(e) 
Disposable of Firearms and Weapons. All obsolete firearms and weapons must be disposed of in accordance with all applicable provisions of State law.
(Ord. 25-01, 1/16/2025)
Unclaimed property found, recovered or held by the Police Department, shall be disposed of in the following manner:
(a) 
All property which is subject to the provisions of the Penal Code and regulated thereby, shall be handled in accordance with such provisions, notwithstanding any provisions of this Article.
(b) 
If the owner of property appears and claims it within four months, (three months for bicycles), the Police Department shall release such property to the owner.
(c) 
If the property is not claimed in accordance with subsection (b) above, such property shall be transferred to the custody of the Purchasing Officer to be disposed of as follows:
(1) 
Any such property may be determined by resolution of the City Council to be needed for City use, and shall thereby be converted for such use.
(2) 
Bicycles or toys may, by determination of the Chief of Police, be used in any program or activities designed to prevent juvenile delinquency, or may be given to recognized youth organizations which conduct activities designed to combat juvenile delinquency.
(3) 
During periods of motor fuel shortage, bicycles may also be converted for use by City employees in the performance of their duties. Distribution of such bicycles among departments shall be at the discretion of the City Manager.
(4) 
Property not otherwise disposed of, may be sold by the sealed bid method or at public auction for cash to the highest bidder, with notice of such sale given by the Chief of Police at least five days before the date of sale, by publication once in a newspaper of general circulation. Property for which no bid is made at such sale, may be held, put to City use, destroyed if it has no marketable value, or given to recognized organizations which conduct activities combating juvenile delinquency as such organizations are determined by the Chief of Police.
(d) 
All unclaimed firearms and weapons ammunition must be disposed of in accordance with all applicable provisions of the State law.
(Ord. 25-01, 1/16/2025)
(a) 
Definitions.
"Paper products"
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 California Code of Regulations (CCR) Section 18982(a)(51).
"Printing and writing papers"
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Recycled-content paper"
means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(b) 
All vendors providing paper products and printing and writing paper shall:
(1) 
If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than ten percent of the total cost for non-recycled items.
(2) 
Provide paper products and printing and writing paper that meet Federal Trade Commission Recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(3) 
Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) 
Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) 
Provide records to the City's Finance Department/Purchasing Division of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled-content paper and non-recycled-content paper, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required for recycled-content paper purchases, purchaser name, quantity purchased, date purchased, and recycled-content (including products that contain none), and if non-recycled-content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
(6) 
Maintain records required for five years.
(Ord. 25-01, 1/16/2025)