A purchasing system is hereby adopted in order to establish efficient procedures for the procurement of services, supplies and equipment at the lowest possible cost commensurate with the level of quality required, to exercise financial control over purchases, and to clearly define authority for the purchasing function.
(Ord. 12-12 § 2 (part))
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. 
"Consultant or professional services"
means the services rendered by architects, attorneys, engineers, doctors, financial consultants, planning or environmental consultants, investment advisors, bank or trustee officers, and other professional or specialized consultants.
B. 
"Contract"
means any agreement to do or not do a certain thing. For the purposes of this chapter, "contract" and "agreement" are synonymous. The term "contract" includes, but is not limited to, a purchase order; a contract for services; an addendum or change order, which means a change or addendum to an executed contract; a letter of agreement; and a memorandum of understanding.
C. 
"Force account"
is a term used by the Uniform Construction Cost Accounting Procedures meaning an account which is used to account for work performed on public projects using internal resources, including but not limited to labor, equipment, materials, supplies, and subcontracts of the public agency.
D. 
"Emergency"
means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
E. 
"General services"
means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following:
1. 
Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, elevator maintenance, custodial services and pest control, etc.;
2. 
Repair, modification and maintenance of city equipment and software;
3. 
Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipment;
4. 
Replanting, care or maintenance of public grounds, including, but not limited to, maintenance of trees, shrubbery, flowers, and lawns;
5. 
Providing temporary personnel services;
6. 
Providing other miscellaneous services to facilitate city operations;
7. 
Performing repair, demolition or other work required to abate nuisances under this code;
8. 
Licensing software services;
9. 
Leasing or rental of equipment (personal property) for use by the city;
10. 
Maintenance of equipment owned or leased by the city.
"General services"
does not include consultant or professional services, or work associated with a public project.
F. 
"Goods of a technical nature"
means hardware, software, or communications equipment, or any item that is substantially similar to the foregoing as determined by the Purchasing Agent.
G. 
"Large contract"
means a contract for the purchase of general services or supplies and equipment with a total cost of more than one hundred thousand dollars ($100,000). Notwithstanding the foregoing, the one hundred thousand dollars ($100,000) threshold set forth in the previous sentence shall automatically increase if the amount set forth for the "formal level" of contracting in Section 100.2 of the State Contracting Manual or its successor is increased.
H. 
"Large public project"
means a "public project," as defined in subdivision (c) of Public Contract Code Section 22002, with a total cost of two hundred twenty thousand dollars ($220,000) or more. Notwithstanding the foregoing, the two hundred twenty thousand dollars ($220,000) threshold set forth in the previous sentence shall automatically increase to reflect the amount set forth in subdivision (b) of Public Contract Code Section 22032.
I. 
"Public project"
shall have the meaning given that term by California Public Contract Code Section 22022.
J. 
"Small public project"
means a "public project," as defined in subdivision (c) of Public Contract Code Section 22002, with a total cost of less than two hundred twenty thousand dollars ($220,000). Notwithstanding the foregoing, the two hundred twenty thousand dollars ($220,000) threshold set forth in the previous sentence shall automatically increase to reflect the amount set forth in subdivision (b) of Public Contract Code Section 22032.
K. 
"Small contract"
means a contract for the purchase of general services or supplies and equipment with a total cost of between ten thousand dollars ($10,000) and one hundred thousand dollars ($100,000), inclusive. Notwithstanding the foregoing, the one hundred thousand dollars ($100,000) threshold set forth in the previous sentence shall automatically increase if the amount set forth for the "formal level" of contracting in Section 100.2 of the State Contracting Manual or its successor is increased.
L. 
"Supplies and equipment"
means and includes tangible goods, supplies, equipment, vehicles, printing, materials, and furniture and furnishings purchased on behalf of the city.
M. 
"Very small contract"
means a contract for the purchase of general services or supplies and equipment with a total cost of less than ten thousand dollars ($10,000).
N. 
"Very small public project"
means a "public project," as defined in subdivision (a) of Public Contract Code Section 22002, with a total cost of seventy-five thousand dollars ($75,000) or less. Notwithstanding the foregoing, the seventy-five thousand dollars ($75,000) threshold set forth in the previous sentence shall automatically increase to reflect the amount set forth in subdivision (a) of Public Contract Code Section 22032.
(Ord. 12-12 § 2 (part); Ord. 7-25 § 1)
The City Manager is designated as Purchasing Agent. The Purchasing Agent may delegate all or a portion of the contracting or purchasing duties to any city staff member. The Purchasing Agent shall have the authority to:
A. 
Contract for or procure consultant or professional services, general services, supplies and equipment required by the city, in accordance with purchasing procedures outlined in this chapter;
B. 
Negotiate and recommend execution of contracts for the purchase of consultant or professional services, general services, supplies and equipment;
C. 
Act to procure for the city the necessary quality in consultant or professional services, general services, supplies and equipment at the lowest cost to the city;
D. 
Prepare and recommend to the City Council revisions and amendments to the purchasing rules;
E. 
Establish and maintain such forms as are reasonably necessary to the operation of this chapter;
F. 
Supervise the inspection of all consultant or professional services, general services, supplies and equipment purchased to ensure conformance with specifications;
G. 
Pursuant to Section 2.36.150, arrange the sale or disposal of all supplies and equipment which cannot be used by the city, or which have become unsuitable for city use;
H. 
Maintain a bidder's list and other records necessary for the efficient acquisition of consultant or professional services, general services, and supplies and equipment;
I. 
Join with other governmental agencies in joint purchasing endeavors where the purchasing procedures conform to the provisions of this chapter and state law.
(Ord. 12-12 § 2 (part))
A. 
The Purchasing Agent is authorized to enter into a small contract on behalf of the city and approve a purchase by the city without the prior approval of the City Council, so long as the contract or purchase satisfies the following conditions:
1. 
The monies have been appropriated; and
2. 
The contract or purchase is for consultant or professional services, general services, or supplies and equipment.
B. 
In an emergency the Purchasing Agent may authorize the expenditure of any unencumbered monies in the emergency reserve fund, notwithstanding the fact that such monies may not have been appropriated for such purpose, to the extent that said emergency funds have not been appropriated or are otherwise unavailable therefor.
(Ord. 12-12 § 2 (part); Ord. 7-25 § 2)
The following factors shall be considered in determining the responsiveness of potential contracts and purchases and the responsibility of vendors and bidders in accordance with applicable law:
A. 
The amount of the contract or the purchase price;
B. 
The ability, capacity and skill of the bidder or vendor to perform the contract or provide the service required;
C. 
The ability of the bidder or vendor to perform the contract or provide the service promptly, or within the time specified, without delay or interference;
D. 
The reputation and experience of the bidder or vendor;
E. 
The previous experience of the city with the bidder or vendor;
F. 
The previous and existing compliance by the bidder or vendor with the laws and ordinances;
G. 
The sufficiency of the bidder's or vendor's financial resources and ability to perform the contract or provide the service;
H. 
The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
I. 
The ability of the bidder or vendor to provide future maintenance and service for the subject of the contract or purchase;
J. 
The number and scope of conditions attached to the contract or purchase;
K. 
The purchase of supplies, whenever feasible, containing the highest amount of postconsumer and recovered materials practicable. In all cases, these products must meet reasonable performance standards, and be readily available at a competitive price. In addition, all equipment bought, leased or rented shall, wherever feasible, be compatible with the use of other recycled products purchased by the city;
L. 
Compliance with any administrative policies referencing "green fleet" purchasing procedures;
M. 
In the event that two (2) or more potential contracts or bids are received from responsible bidders or vendors for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent.
(Ord. 12-12 § 2 (part))
A. 
The award of any small contract shall, whenever possible, be based on at least three (3) quotations. For small contracts of less than fifty thousand dollars ($50,000), the quotations may be verbal or written. For small contracts greater than fifty thousand dollars ($50,000), the quotations shall be in writing, which writings may include facsimile and electronic mail transmissions. Quotations with the required documentation shall be submitted to the Finance Department for approval by the Purchasing Agent. Negotiated pricing is allowed and departments are strongly encouraged to solicit quotations from city-based businesses. The award of any small contract shall be consistent with the factors stated in Section 2.36.060 and shall be made from the vendor that submits the lowest total cost.
B. 
At the discretion of the Purchasing Agent, the competitive bidding procedure set forth in Section 2.36.090 may be used for any acquisition of general services, supplies and equipment, regardless of the value.
(Ord. 12-12 § 2 (part); Ord. 7-25 § 4)
City Council approval shall be required to authorize large contracts.
Awards of large contracts shall comply with the competitive bidding procedure set forth in this section, except as provided in Section 2.36.100. Bids should be obtained from one (1) or more vendors located within the city whenever possible.
A. 
Notices inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond and a faithful performance bond will be required.
B. 
Notices inviting bids shall be posted in at least three (3) public places in the city that have been designated by ordinance as the place for posting public notices, at least fourteen (14) calendar days before the date of opening the bids.
C. 
The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list and may advertise the notice inviting bids in applicable publications and websites readily accessible to the public.
D. 
When deemed necessary by the Purchasing Agent or City Council, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent or City Council. A successful bidder (and his surety, if a bond is furnished) shall be liable for any damages upon the bidder's failure to enter into a contract with the city or upon the bidder's failure to perform in accordance with the tenor of his or her bid.
E. 
When deemed necessary by the Purchasing Agent or City Council, any person or entity entering into a contract with the city may be required to furnish a faithful performance deposit or bond in an amount determined by the Purchasing Agent or City Council.
F. 
Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
G. 
At its discretion, the City Council may reject all bids presented and re-advertise for bids.
H. 
Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder, except as otherwise provided herein.
I. 
If two (2) or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent at the time of the bid opening.
(Ord. 12-12 § 2 (part); Ord. 7-25 § 5)
A. 
Contracts or purchases involving the acquisition of consultant or professional services are exempt from competitive bidding; however, the procurement of such services shall be subject to the following:
1. 
Large contracts involving the acquisition of consultant or professional services will require City Council approval.
2. 
With respect to contracts for or procurement of professional services from private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms, the Purchasing Agent shall establish administrative procedures to assure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with Government Code Section 4526 or its successor.
3. 
The Purchasing Agent may utilize a request for quotation or request for proposal, to ensure the services are matched with the needs of the city.
B. 
Any request for an exception under this subsection shall identify the nature of the contract or purchase, amount of the contract or purchase, and the reasons why competitive bidding is not feasible and shall be subject to City Council approval. The provisions of Section 2.36.090 subject to City Council approval shall not apply to the following:
1. 
Where the city's requirements can be met solely by a single patented article or process;
2. 
Situations where no bids have been received following bid announcements conducted pursuant to the provisions of this chapter;
3. 
When an emergency requires that an order be placed with the nearest source of supply;
4. 
When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city's needs at the lowest cost;
5. 
For janitorial services for city buildings and facilities;
6. 
For maintenance and repair of buildings and facilities;
7. 
For maintenance and repair of public streets, including street sweeping;
8. 
Public projects, pursuant to Section 2.36.160;
9. 
When another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment;
10. 
When the City Council specifically waives the competitive bid process and authorizes staff to negotiate the purchase of vehicles by a four-fifths (4/5) vote.
(Ord. 12-12 § 2 (part); Ord. 7-25 § 6)
The purchasing dollar limits set forth in this chapter are determined on a per order basis. It is unlawful to split or separate into smaller orders the contract or purchase of general services, supplies and equipment for the purpose of evading the competitive bidding provisions of this chapter.
(Ord. 12-12 § 2 (part))
Purchases for small contracts shall be documented by purchase orders prepared by the Purchasing Agent in accordance with adopted administrative policies.
(Ord. 12-12 § 2 (part); Ord. 7-25 § 7)
No purchase shall be transacted until it has been ascertained that there is, to the credit of the department of the city for whose benefit such purchase is to be made, a sufficient appropriated balance in excess of all unpaid obligations to defray the amount of such purchase.
(Ord. 12-12 § 2 (part))
The Purchasing Agent shall require the inspection of supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications and requirements set forth in the purchase order or contract.
(Ord. 12-12 § 2 (part))
The Purchasing Agent shall establish administrative procedures for city departments to report all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Agent shall have the authority to sell, trade, exchange, dispose of, discard or destroy all said supplies and equipment. Such sales may be made by auction, negotiated sale, or otherwise, after receiving bids or proposals that provide the maximum return to the city, as determined by the Purchasing Agent.
The Purchasing Agent shall have the authority to recommend to the City Council surplus supplies and equipment for donation, which donation shall be subject to City Council approval upon making the appropriate findings, including the requisite public purpose for such donation.
At such times as determined by the Purchasing Agent, but at least annually, reports shall be prepared and submitted to the City Manager showing the disposition of surplus supplies and equipment. The report shall contain itemized information on the disposition of any item that had a purchase cost in excess of the capitalization threshold established by the City Manager or his or her designee for inclusion as an asset in the city financial records.
(Ord. 12-12 § 2 (part))
Public projects shall follow the purchasing procedures as set forth in Sections 22030 through 22045 of the Public Contract Code.
A. 
Contracts for very small public projects may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order (Reference: Public Contract Code Section 22032).
B. 
Contracts for small public projects may be let to contract by informal procedures as set forth in Section 22030 through 22045 of the Public Contract Code.
1. 
A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
2. 
Where a public project is to be performed, a notice inviting informal bids shall be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this section, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified; provided, however:
a. 
If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission.
b. 
If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
3. 
All mailing of notices to contractors and construction journals pursuant to this section shall be completed not less than fifteen (15) calendar days before bids are due.
4. 
The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and shall state the time and place for the submission of bids.
5. 
The Purchasing Agent is authorized to award informal contracts pursuant to this section.
C. 
Contracts for large public projects shall be authorized by City Council and shall comply with the competitive bidding procedures set forth in Section 2.36.090. Contracts for very small and small public projects may be approved by the Purchasing Agent. (Reference: Public Contract Code Section 22034.)
(Ord. 12-12 § 2 (part); Ord. 7-25 § 8)