Article II — Purchasing

3. For state law as to purchase of supplies and equipment by cities, see Gov. C., § 54201 et seq.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Agency and using agency. Any of the departments, offices or other organization units of the city government and any special districts whose affairs and funds are under the supervision and control of the city council and for which the city council is ex officio governing body.

Contractual services. Any and all telephone, gas, water, electrical light and power services; the rental of equipment and machinery; insurance; the services of attorneys, physicians, electricians, engineers, consultants or other individuals or organizations possessing a high degree of technical skill; and all other types of agreements under which the contract provided services which are required by the city government but not furnished by its own employees. Purchase of space for legal advertising shall not be subject to the provisions of this article.

Local bidder. A firm or individual who regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in the city.

Supplies and equipment. Any articles, materials or things which shall be furnished to, or used by, any agency, but excluding services or materials furnished "in kind" in lieu of cash to indigents.

(Ord. No. 263, § 2.)

The purpose of this article is to adopt policies and procedures governing purchases of supplies, equipment and contractual services by the city in accordance with article 6, chapter 5, division 2, title 5 of the

Government Code of the state. This article is not intended to conflict with applicable provisions of state law, and shall be interpreted as supplementary thereto.

(Ord. No. 263, § 1.)

Subject to the provisions of section 9-7, the city council hereby authorizes each agency head to purchase without prior council approval supplies and equipment so long as the purchase of said supplies and equipment is provided for in the city's budget and provided further the purchase price does not exceed the budgeted amount. Each agency head shall be responsible for making all such purchases at the most favorable price for the city consistent with efficient operation. The agency head shall, whenever possible, secure competitive quotations before making such purchases. When the city council has entered into a contract with a vendor to supply all of the city's requirements for specified supplies or equipment, the using agency shall not have authority to purchase such supplies or equipment under this section.

(Ord. No. 263, § 3; Ord. No. 406, § 1.)

If the amount of any single expenditure for supplies or equipment is estimated to exceed twenty-five thousand dollars, bids shall be solicited by public notice, followed by an award by the city council, except where the city council makes the finding recorded in its minutes that competitive bidding would not be in the public interest. The method and extent of public notice shall be prescribed by the city council. All bids shall be submitted sealed to the city clerk. The city council may reject any or all bids for any or all supplies and equipment. A tabulation of all bids received, whether accepted or rejected, shall be open for public inspection for a period of not less than thirty days after the bid opening. In all cases the award shall be made by the city council to the lowest responsible bidder. In determining the lowest responsible bidder, the city shall take into consideration the quality offered and its conformity with the specifications, the delivery and discount terms and conditions of the bid and other information and data required to prove his responsibility. However, price and quality being equal, the award may be made to a responsible local bidder whose bid is not more than five percent higher than the lowest responsible bidder. Provided, however, in no event shall the award be made to a responsible local bidder whose bid exceeds the lowest responsible bid by more than one thousand dollars.

(Ord. No. 263, § 4; Ord. No. 370, § 1; Ord. No. 406, § 2; Ord. No. 417 § 1; Ord. 463, § 1; Ord. No. 517, §§ 1, 2, 12-18-2018.)

Requests by a using agency for contractual services shall be submitted to the city council, who may negotiate contracts for such services as it determines are necessary.

(Ord. No. 263, § 5.)

Emergency purchases may be made by an agency when the supplies or equipment so purchased are necessary for the preservation of life or property. Such emergency purchases shall be submitted to the city council for ratification at its next meeting.

(Ord. No. 263, § 6.)

The acceptance of any gratuity in the form of cash, merchandise or any other thing of value by an official or employee of the city from a vendor, or contractor or prospective vendor or contractor shall be a cause of disciplinary action.

(Ord. No. 263, § 7.)

Except as otherwise provided by law, no purchase of supplies, equipment or contractual services shall be made in excess of the amount of the appropriations allowed by the budget.

(Ord. No. 263, § 8.)