Ceres Municipal Code Ch. 01 General Provisions

The purpose of this title is to:

A. Establish efficient procedures for the purchase or lease of services, supplies, materials and equipment at the lowest feasible cost, taking into consideration the necessary level or quality and the benefit of supporting local businesses;

B. Ensure that there is accountability and control over purchases by the City; and

C. Clearly define the authority for purchasing function on behalf of the City.

(Ord. No. 2019-1053, § 4, 11-12-2019)

For purposes of this title, and except where otherwise expressly defined, the following words and phrases shall have the following meanings respectively ascribed to:

Bidder shall mean a person, firm or entity that submits a bid to the City in response to the City's solicitation of bids under the formal bidding procedure provided in 04.03.

City Manager shall mean the City Manager of the City of Ceres or a City employee specifically designated to act for the City Manager.

Formal bidding procedure shall mean the City's competitive bidding procedure as set forth in 04.03.

Informal bidding procedure shall mean the procedure adopted under title 4, ch. 04.

Local business or local vendor shall mean a business holding a valid City business license and having its principal place of operation within the Municipal boundaries of the City.

Nonprofessional services shall mean and include services of a nonprofessional character of any type, description or variety including, but not limited to, tree trimming services, janitorial services, repair services for office machines and equipment, and automotive vehicles and other similar services which do not involve professional services.

Professional services shall mean and include professional services of any type or variety, including, but not limited to, services that require special licenses or certifications, or services rendered by engineers, architects, auditors, consultants, actuaries and attorneys.

Purchase shall mean the purchase, rental, or lease of supplies or services.

Real property shall mean and include all interests in real property, including, but not limited to, fee title to real property and easements affecting real property, but shall not include leasehold interests except in conjunction with the purchase of other interests in real property.

Responsible bidder shall mean a person or entity who has the capability in all respects to fully perform all contract requirements and who is permitted to do so under local, State, and Federal law. A responsible bidder has adequate financial responsibility, resources, judgment, skill, ability, capacity and integrity to perform all aspects of the contract, taking into consideration the criteria set forth in 04.03.050.

Responsive bid shall mean an offer, submitted by a responsible bidder to furnish supplies or services in conformity with the specifications, delivery terms and conditions and other requirements included in the invitation for bids.

Supplies shall mean and include supplies, goods, equipment and materials, excluding supplies or materials required for the maintenance or repair of any street, sewer or water work which are subject to competitive bidding as a public project under the California Public Contract Code.

(Ord. No. 2019-1053, § 4, 11-12-2019)

A. The City Manager is designated as Purchasing Officer for the City.

B. The Purchasing Officer shall have the authority to:

1. Make, enter into and execute agreements or contracts on behalf of the City when authorized to do so by City Council resolution or ordinance;

2. Through writing, delegate his or her authority to purchase or execute such contracts, or to make and execute such contracts, to other City department heads when authorized to do so by City Council resolution or ordinance, but must require that the purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the department head regarding the purchases and contracts made pursuant to such authority;

3. Purchase, or contract for the sale or lease of, supplies or nonprofessional services required by the City in accordance with purchasing procedures established in this title and other applicable law;

4. Negotiate and recommend execution of contracts for purchase or lease of supplies or nonprofessional services in accordance with purchasing procedures established in this title and other applicable law;

5. Act to procure for the City the necessary quality of supplies or nonprofessional services in accordance with the provisions of this chapter and other applicable law;

6. Prepare and recommend to the City Council amendments to the purchasing rules;

7. Establish and maintain such forms as reasonably necessary to the purchasing function and maintain other records necessary for the efficient acquisition of supplies or nonprofessional services;

8. Supervise the inspection of all supplies or nonprofessional services purchased or leased by the City to ensure conformance with specifications;

9. Recommend and oversee the sale or disposal of all supplies or nonprofessional services which cannot be used by the City, or which have become unsuitable for City use;

10. Maintain a bidders' list, including a local bidders' list that identifies businesses and service providers that have an established place of business within the City and that have had a City business license for at least 12 months.

(Ord. No. 2019-1053, § 4, 11-12-2019)

The City Manager, or his or her designee, is authorized to execute contracts on behalf of the City for services, supplies, and equipment:

A. Whenever authorization is provided by the City Council;

B. When the contract sum does not exceed $25,000.00; or

C. The contract term does not exceed one year in duration and the amount of the contract for the services, supplies and equipment has been approved in the City's current adopted budget, or any subsequent modifications.

(Ord. No. 2019-1053, § 4, 11-12-2019)

Each department or division shall utilize the form of requisition prescribed by the Purchasing Officer. No purchase requisition shall be initiated unless the department has a sufficient unencumbered balance in excess of all unpaid obligations in the department budget where the purchase is to be charged.

(Ord. No. 2019-1053, § 4, 11-12-2019)

Should any sections of the California Public Contract Code referred to in this title be amended, modified or replaced, by the State Legislature, the sections amended, modified or replaced shall govern the provisions of this title.

(Ord. No. 2019-1053, § 4, 11-12-2019)