Colton Municipal Code Ch. 3.08 Bidding, Contracting and Purchases of Supplies, Services and Equipment

Footnotes:

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Editor's note— Ord. No. O-06-26, § 1(Exh. A), adopted March 17, 2026, amended Ch. 3.08 in its entirety to read as herein set out. The former Ch. 3.08, §§ 3.08.010—3.08.170, pertained to similar subject matter and derived from Ord. 0-12-03, § 1 (part), adopted 2003; Ord. 0-16-05, §§ 1—2, adopted 2005; Ord. No. O-06-15, §§ 1—2, adopted April 21, 2015; Ord. No. O-10-15, §§ 1—2, adopted October 20, 2015; Ord. No. O-10-21, § 2, adopted September 21, 2021.

The purpose of this chapter is to establish efficient procedures for the purchase of supplies, general services, professional services and equipment, and establish procedures for bidding and contracting of public works projects consistent with state law. These procedures shall be interpreted to not be overly time consuming and cumbersome, while allowing the City to obtain the best services, and acquire quality supplies and equipment in an overall economic manner at the lowest reasonable cost at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to maintain the highest ethical standards in awarding public contracts, to clearly define authority for the purchasing function, to encourage competition for public contracts and to aid public officials in the efficient administration of public contracting, and to assure the quality of purchases. Therefore, a centralized purchasing system is hereby adopted and vested with the authority for the purchase of all City supplies, services and equipment. In addition, this chapter and the purchasing system it establishes is designed to provide appropriate procedures to implement the City's participation in the Uniform Public Construction Cost Accounting Act pursuant to California Public Contract Code, Section 22000 et seq.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

Unless otherwise indicated, the Following definitions Shall apply to all provisions of this chapter:

"Act" means the Uniform Public Construction Cost Accounting Act found at California Public Contract Code, Section 22000 et seq.

"Alternative Procedure" means purchasing supplies, services or equipment by negotiated contract, purchase order or any other procedure outlined in the City's purchasing and bidding policies and procedures manual Approved by the City Manager and consistent with this chapter. A type of Alternative Procedure May include, but is not limited to, what will be referred to as a "simplified pricing procedure" wherein the Authorized Contracting Party, or his or her Designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the City. Alternative Procedures shall not be used for federally funded procurements unless such procedure fully complies with the documentation, competition, and quotation requirements of 2 C.F.R. § 200.320.

"Authorized Contracting Party" means the City official or body provided with authority under this chapter to approve a contract or to make a purchase.

"City Manager" means the City Manager or Person Designated by the City Manager to perform all or some of the duties prescribed in this chapter.

"Colton Formal Bidding Procedure" means a procedure which meets the requirements of State and Local Law, including the Act, this chapter and any policies and procedures Approved by the City Manager consistent with this chapter.

"Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010).

"Digital signature" has the same meaning as in Section 16.5 of the California Government Code, as may be amended.

"Electronic record" has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.

"Electronic signature" has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.

"Emergency" for purposes of Public Projects Shall have that meaning provided in California Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing or contracting purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the City.

"Facility" means any plant, building, structure, ground facility, utility system (subject to the limitation found in California Public Contract Code Section 22002, Subdivision (c)(3)), real property, streets and highways, or other public work Improvement.

"General Services" means all services performed by persons not in a professional occupation, including, but not limited to, contract services for park, electrical and computer repair, building, facility and vehicle maintenance, recreation programs and other similar services which are not typical of Professional Services.

"Lowest Responsive and Responsible Bidder" means the lowest bidding party whose bid meets all of the bid specifications set forth in the request for bid proposal and who possesses the skills, judgement, integrity, experience, and financial resources necessary to timely perform and fulfill the contracting bid. Criteria for determining the lowest responsive and responsible bidder may include, but not be limited to, the following:

1. Ability, capacity and skill of the bidder to provide the supplies, materials, equipment, and/or contractual services as required.

2. Ability of the bidder to provide the supplies, materials, equipment or contractual services within time specified.

3. Experience and efficiency of the bidder.

4. Quality or performance of previous purchases from said bidder.

5. Ability of the bidder to provide future maintenance, repair parts and services for the use of the commodity purchased.

6. Performance by bidder under contracts with other public or private entities.

7. Listing of contractor as "debarred" or determination of other public agency that bidder has submitted a fraudulent bid within the prior five years.

8. Possession of required license(s), permit(s) or other governmental approvals, if any, to supply or provide the subject supplies, materials, equipment or services.

"Maintenance Work" shall have that meaning provided in Section 22002(d) of the Act, as that section may be amended from time to time. In addition, and to the extent not inconsistent with Section 22002(d), Maintenance Work shall include, but shall not be limited to, the Following:

1. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated Facility for its intended purposes;

2. Minor repainting;

3. Street and highway maintenance, including utility patching, skin patching, crack filling, filling of potholes, slurry sealing, edge grading, street striping, resurfacing of streets and highways at less than one-inch, sign replacement, sidewalk repair and replacement, curb and gutter repair and replacement, and street and traffic light repair and replacement. Maintenance Work shall not include striping of a new street or highway;

4. Sewer maintenance, including foaming, videotaping, cleaning and manhole restoration;

5. Traffic signal maintenance. Maintenance Work Shall not include installation of new traffic signals;

6. Storm drain related maintenance;

7. Landscape maintenance, including mowing, watering, trimming, pruning, planting, tree and plant replacement, irrigation and sprinkler system servicing, retrofit and repair and landscape rehabilitation;

8. Maintenance of facilities, including roof repairs or replacements, heating and air conditioning repairs and electric repairs;

9. Vehicle and equipment maintenance and repairs;

10. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand volts and higher.

"Professional Services" means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, personnel, social services, animal control, management, solid waste, cable television, communication and other similar professional functions which may be necessary for the operation of the City.

"Public Project" shall have that meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time. A Public Project shall not include Maintenance Work. In addition, and to the extent not inconsistent with Section 22002(c), Public Project shall include, but shall not be limited to, the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated Facility;

2. Painting or repainting of any publicly owned, leased or operated Facility; and

3. In the case of a publicly owned utility system, Public Project shall include only the construction, erection, Improvement, or repair of dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand volts and higher.

"Public Project Formal Bidding Procedure" means a procedure which meets the requirements of State and Local law, including Section 22037 of the Act, this chapter and any policies and procedures approved by the City Manager consistent with this chapter.

"Public Project Informal Bidding Procedure" means a procedure which meets the requirements of State and Local law, including Section 22034 of the Act, this chapter and any policies and procedures approved by the City Manager consistent with this chapter.

"Purchasing Officer" means the City Manager or his or her Designee(s) as provided in Section 3.08.020. Initially, the City Manager designates the Finance Director to act as the Purchasing Officer. Pursuant to Section 3.08.020, the City Manager may change his or her designation at any time.

"UETA" means the Uniform Electronic Transactions Act, commencing at Section 1633.1 of the California Civil Code.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

There is created the position of Purchasing Officer, who shall be appointed by City Manager. The Purchasing Officer shall be the City Manager or his or her designee(s). The Purchasing Officer shall be the head, and have the general supervision of all purchasing functions of the City. The duties of the Purchasing Officer may be combined with those of any other office or position. Subject to the supervision of the City Manager, the Purchasing Officer shall have the authority to:

A. Purchase or contract for supplies, services and equipment required by the City;

B. Negotiate and recommend to the City Council execution of contracts for the purchase of supplies, services and equipment;

C. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution and disposal of supplies, services and equipment for the City;

D. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter;

E. Review the working details, drawings, plans and specifications for any projects or purchases requiring such review in this chapter;

F. Inspect or supervise the inspection of purchased supplies, services and equipment to ensure conformity with any specifications established or required by the City;

G. Transfer among departments any supplies, services and equipment not needed by one such department, but which are necessary for the operation of one or more other departments;

H. Sell any supplies and equipment not needed for public use or that may become unsuitable for their intended use;

I. Develop and maintain any bidder's list, contractor's list or vendor's catalog file necessary to the operation of this chapter and any other policies and procedures Approved by the City Manager consistent with this chapter.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. The City shall secure supplies, services and equipment at the lowest total cost commensurate with the quality and scope needed, and subject to any limitations imposed by State law. Notwithstanding the foregoing, the City shall secure Professional Services based upon demonstrated competence, professional qualifications and suitability for the project in general. The City may consider cost of Professional Services if the Authorized Contracting Party determines it to be a relevant factor under the circumstances.

B. The Purchasing Officer shall develop, for approval by the City Manager, such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures shall be written and implemented in such a way to encourage open and competitive bidding, where appropriate, provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for efficient and timely acquisition of needed supplies, services and equipment, and provide effective fiscal controls.

C. In purchasing, supplies, services and equipment, the City shall make use of competitive bidding, both formal and informal, whenever required by Law, this chapter or any policies and procedures approved by the City Manager consistent with this chapter.

D. Formal and informal competitive bidding is not required, for instance, when an Emergency is declared pursuant to this chapter.

E. Except in cases of Emergency or unless specifically authorized by Resolution or minute order of the City Council, the Purchasing Officer shall not issue a purchase order for supplies, services or equipment involving any project or purchase unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

F. The City shall comply with all Federal and State bidder's security and bonding requirements and all prevailing wage laws applicable to each contract or purchase.

G. The Purchasing Officer, with approval of the City Manager, may provide written authorization to any Department Director to conduct a bidding process outside of the centralized purchasing system; provided, however, that such bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The Purchasing Officer, with approval of the City Manager, may rescind such authorization in writing at any time and for any or no reason.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

The purpose of this section is to set forth the ethical standards of professional behavior expected of all officials and employees conducting purchasing activities on behalf of the City. It is of the highest importance that the taxpayers, residents, and business of the City of Colton have complete confidence in the integrity of their public servants. This need is especially critical in the role of procurement of goods, services, and public projects for the City's operational requirements. All City employees are required to exemplify high standards of integrity in their individual conduct and are responsible to ensure that they transact procurement activity consistent with City policies and procedures and applicable Federal, State, and local laws and regulations.

A. Responsibility to follow ethical standards in purchasing.

1. Employees. Each employee engaged in purchasing activities on behalf of the city is responsible for following standards prescribed herein. Violation of these standards may result in disciplinary action, termination of employment or criminal prosecution against the employee.

2. Department Heads. Department Heads must ensure all employees within their respective department who conduct purchasing activities are aware of and thoroughly understand the ethical standards of conduct in purchasing and the prohibited practices prescribed in this chapter.

3. City Manager. The City Manager must ensure all department heads who conduct purchasing activities are aware of and thoroughly understand the ethical standards of conduct in purchasing and the prohibited practices prescribed in this chapter.

B. Prohibited Practices. Purchasing officers and their designees are specifically prohibited from:

1. Having a financial or personal beneficial interest (directly or indirectly) in any contract or purchase order for supplies, equipment, services, or projects furnished to the city. No officer or employee shall participate in the procurement or selection process when such officer or employee has a relationship with a person or business entity seeking a contract under this chapter which would subject such officer or employee to the prohibition of California Government Code section 87100 et seq., or Government Code section 1090.

2. Accepting or receiving (directly or indirectly) from any person, firm, or corporation to whom any contract or purchase order may be awarded (by rebate, gift or otherwise) any money or anything of material value, or any promise, obligation or contract for future reward or compensation. Inexpensive advertising items bearing the name of the firm—such as pens, pencils, paper weights, calendars, or other promotional material—are not considered articles of value or gifts in relation to this policy.

3. Using information available to officials and employees, solely because of their city position, for personal profit, gain or advantage.

4. Furnishing services or information not available to all prospective bidders or to the public, or causing such services or information to be furnished, to any person or entity bidding on, [or] reasonably expected to bid on a contract with the city.

5. Providing confidential information to persons to whom issuance of such information has not been authorized.

6. Using a position or status in the city to solicit (directly or indirectly) business of any kind; or to purchase products at special discounts or upon special concessions for personal private use from any person or firm who sells or solicits sales to the city.

7. Serving the interests of any organization (either as an officer, employee, member of the board of directors, or in any capacity for consideration) which transacts or attempts to transact business with the city for profit when such employee holds a city position of review or control—even though remote—over such business transactions.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. Small Projects. Public projects that do not exceed the limit set forth in subd. (a) of section 22032 of the Public Contract Code, currently seventy-five thousand dollars ($75,000) as of 2025, may be performed by the employees of a public agency by force account, by negotiated contract, purchase order, or Alternative Procedure.

B. Medium Projects. Public projects that do not exceed the limit set forth in subd. (b) of section 22032 of the Public Contract Code, currently up to two hundred twenty thousand dollars ($220,000) as of 2025, may be let to contract by Public Project Informal Bidding Procedure.

C. Large Projects. Public projects that exceed the limit set forth in subd. (c) of section 22032 of the Public Contract Code, currently more than two hundred twenty thousand dollars ($220,000) as of 2025, may be let to contract by Public Project Formal Bidding Procedure.

D. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive that the requirements of this section, the City shall comply with such requirements.

E. City Engineer Review, The City Engineer or his designee shall review the working details, drawings, plans and specifications prepared for every Maintenance Work Project and other General Services Project which may affect the design or operation of public Improvements and which may bring into question the City's liability for dangerous condition of public property.

F. City Council Approval. The City Council shall review and approve the working details, drawings, plans and specifications prepared for every public project of more than fifty thousand dollars ($50,000).

G. Award. Contracts for public projects of twenty-five thousand dollars ($25,000) or less, if awarded, may be awarded in the best interests of the City. Contracts for public projects of more than twenty-five thousand dollars ($25,000), if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the Authorized Contracting Party may accept the one it chooses. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

H. Dollar Limits and Change Orders or Amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in Section 3.08.130 applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount.

I. Change Orders and Contingency amount for change orders for Public Projects.

a. Any contingency amount needed to adequately appropriate funds for any public project must be included in the total project cost at the time a request for approval is submitted to the City Manager or City Council as provided by this chapter.

b. When determining the authorization limit for a public project contract, the contingency amount shall be included.

c. The City Manager may approve change orders that do not exceed ten percent (10%) of the original contract price. All change orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

J. No Bid Splitting. The City shall not split a project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this Code.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. Ten Thousand Dollars or Less. Maintenance Work and other General Services Projects of ten thousand dollars or less may be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the project, by any Alternative Procedure.

B. Ten Thousand One Dollars to Fifty Thousand Dollars. Maintenance Work and other General Services Projects of more than ten thousand dollars, but less than or equal to fifty thousand dollars ($50,000) shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the Non-Public Project Informal Bidding Procedure.

C. Fifty Thousand One Dollars to One Hundred Thousand Dollars. Maintenance Work and other General Services Projects of more than fifty thousand dollars ($50,000), but less than or equal to one hundred thousand dollars ($100,000) shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. More than One Hundred Thousand Dollars. Maintenance Work and other General Services Projects of more than one hundred thousand dollars ($100,000) shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Formal Bidding Procedure.

E. City Engineer Review. The City Engineer or his designee shall review the working details, drawings, plans and specifications prepared for every maintenance Public Project and other General Services Project which may affect the design or operation of public Improvements and which may bring into question the City's liability for dangerous condition of public property.

F. Purchasing Officer Approval. The Purchasing Officer, or his or her designee, shall review and approve the working details, drawings, plans and specifications prepared for every Maintenance Work and other General Services Project.

G. City Council Approval. The City Council shall review and approve the working details, drawings, plans and specifications prepared for every Maintenance Work and other General Services Project of more than fifty thousand dollars ($50,000).

H. Award. Contracts for Maintenance Work and other General Services Projects of twenty-five thousand dollars ($25,000) or less, if awarded, may be awarded in the best interests of the City. Contracts for Maintenance Work and other General Services Projects of more than twenty-five thousand dollars ($25,000), if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the Authorized Contracting Party may accept the one it chooses. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

I. Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend or renew such a contract, without City Council Approval, when the award, amendment, extension or renewal will result in the City paying an aggregate amount of more than fifty thousand dollars ($50,000) to the individual or entity in any given fiscal year. For purposes of this section, the phrase "same project" shall include an on-call or as-needed contract.

J. Change Orders and Contingency Amounts for Non-Public Projects. Except for contracts for public projects, all change orders for non-public projects are subject to the written approval of the appropriate department head prior to commencement of the work described in the change order. The City Manager may approve individual change orders that do not exceed ten percent (10%) of the original contract price. All change orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

K. Five Year Term Limitation. No Maintenance Work or other General Services contract shall extend for a period of more than five years, including any authorized extensions.

L. No Bid Splitting. The City shall not split a project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this Code.

M. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. Ten Thousand Dollars or Less. Professional Services contracts of ten thousand dollars ($10,000) or less may be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the project, by any Alternative Procedure.

B. Professional Services contracts of more than ten thousand dollars but less than or equal to fifty thousand dollars may be awarded by the City Manager pursuant to the Non Public Project Informal Bidding Procedure.

C. Professional Services contracts of more than fifty thousand dollars but less than or equal to one hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. Professional Services contracts of more than one hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Formal Bidding Procedure.

E. Purchasing Officer Approval. The Purchasing Officer, or his or her Designee, shall review and approve the scope of services prepared for every Professional Services contract.

F. City Council Approval. The City Council shall review and approve the scope of services prepared for every Professional Services contract of more than fifty thousand dollars.

G. Award. Contracts for Professional Services Shall be awarded to the contractor who will best serve the interests of the City, taking into account the demonstrated competence, professional qualifications and suitability for the project in general. The City may consider cost of Professional Services if the Authorized Contracting Party determines it to be a relevant factor under the circumstances. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

H. Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services, or amend, extend or renew such a contract, without City Council Approval, when the award, amendment, extension or renewal will result in the City paying an aggregate amount of more than fifty thousand dollars ($50,000) to the individual or entity in any given fiscal Year.

I. No Bid Splitting. The City shall not split a project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this Code.

J. The City Manager may approve change orders that do not exceed ten percent (10%) of the original contract price. All change orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

K. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. Ten Thousand Dollars or Less. Purchases of materials, supplies and equipment of ten thousand dollars ($10,000) or less may be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the purchase, by any Alternative Procedure.

B. Ten Thousand One Dollars to Fifty Thousand Dollars. Purchases of materials, supplies and equipment of more than ten thousand dollars ($10,000), but less than or equal to fifty thousand dollars ($50,000) shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the Non-Public Project Informal Bidding Procedure.

C. Fifty Thousand One Dollars to One Hundred Thousand Dollars. Purchases of materials, supplies and equipment of more than fifty thousand dollars ($50,000), but less than or equal to one hundred thousand dollars ($100,000) shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. More than One Hundred Thousand Dollars. Purchases of materials, supplies and equipment of more than one hundred thousand dollars ($100,000) shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Formal Bidding Procedure.

E. Department Director Approval. The Director of the using department shall review and approve the specifications prepared for every purchase of materials, supplies and equipment.

F. Purchasing Officer Approval. The Purchasing Officer, or his or her Designee, shall review and approve all contracts for the purchase of materials, supplies and equipment.

G. City Council Approval. The City Council shall review and approve the specifications prepared for every purchase of materials, supplies and equipment of more than fifty thousand dollars ($50,000).

H. Award. Contracts for the purchase of materials, supplies and equipment of twenty-five thousand dollars ($25,000) or less, if awarded, may be awarded in the best interests of the City. Contracts for the purchase of materials, supplies and equipment of more than twenty-five thousand dollars ($25,000), if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the Authorized Contracting Party may accept the one it chooses. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

I. Local Bidder Preference. In order to promote the economic health of the City and to encourage Local participation in the procurement of materials, supplies and equipment, the City may take into consideration the sales tax to be returned to the City as a result of an award in determining the lowest responsive and responsible bidder. This section shall not be effective unless and until the Purchasing Officer adopts a written policy to implement its provisions. This provision shall not apply to any procurement utilizing federal funds.

J. No Bid Splitting. The City shall not split a project, work, service or purchase into smaller projects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this Code.

K. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. Uses of Formal Bidding Procedure. This Formal Bidding Procedure shall be used whenever formal bidding is required for a Public Project.

B. Required Process. The formal competitive bidding procedure shall comply with all aspects of State and Local law governing formal competitive bidding, including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, Resolutions of the City Council as may be adopted from time to time, and policies and procedures as the City Manager may approve from time to time.

C. Notice Inviting Formal Bids. Notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. Notices shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. At a minimum, the notice inviting formal bids Shall:

1. Describe the project;

2. State how to obtain more detailed information about the project;

3. State the date, time and place for the submission of sealed bids; and

4. Include any other information required by State or Local law, as determined by the City Attorney.

D. Published Notice. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City.

E. Distribution of Notice Inviting Formal Bids. The notice inviting formal bids shall also be sent to those construction trade journals specified in Section 22036 of the Act at least thirty (30) calendar days before the date of bid opening.

F. Additional Notice. The City shall also provide any additional notice as it deems proper.

G. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.

H. City's Authority. The City may reject any or all bids received, and may waive any minor irregularities in each bid received.

I. No Bids Received. If no bids are received, the Authorized Contracting Party may award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re-solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. § 200.320(c).

J. Award of Contract. The contract shall be awarded in accordance with Section 3.08.050.F. If two or more bids are the same and the lowest, the City may accept the one it chooses.

K. Rejection of Bids. The City may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the City shall have the option of any of the Following:

1. Abandon the project; or

2. Readvertise for bids in the manner described in this chapter; or

3. By passage of a Resolution by a four-fifths (4/5) vote of the City Council, declare that the project can be performed more economically by the employees of the City and have the project done by force account.

L. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. Uses of Public Project Informal Bidding Procedure. This Informal Bidding Procedure shall be used when a Public Project is involved and informal bidding is permitted by this chapter.

B. Contractor List. The Purchasing Officer or designee shall maintain a list of qualified contractors, identified according to categories of work, as described in Section 22034(a) of the Act. The list shall be developed and maintained in accordance with criteria established by the Commission. In developing the list, the Purchasing Officer or designee shall either mail, fax, or email a written notice to all construction trade journals designated for the City under Section 22036. The notice must invite all licensed contractors to submit the name of their firms to the City for inclusion on the City's list of qualified bidders for the following twelve (12) months.

C. Distribution of Notice Inviting Informal Bids. The Purchasing Officer shall provide a notice inviting informal bids. The notice inviting informal bids shall be mailed to either or both of the following:

1. All contractors on the qualified contractors list maintained pursuant to subsection B. of this section; and/or

2. All construction trade journals specified in Section 22036 of the Act. The notice inviting informal bids must be mailed not less than ten (10) calendar days before the bids are due.

D. Contents of Notice Inviting Informal Bids. At a minimum, the notice inviting informal bids Shall:

1. Describe the project in general terms;

2. State how to obtain more detailed information about the project;

3. State the date, time and place for the submission of sealed bids; and

4. Include any other information required by State or Local law, as determined by the City Attorney.

E. Proprietary Projects or Products. If the Director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such contractor or contractors. For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. § 200.320(c) and be fully documented in the contract file.

F. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.

G. City's Authority. The City may reject any or all bids received, and may waive any minor irregularities in each bid received.

H. No Bids Received. If no bids are received, the Authorized Contracting Party may award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re-solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. § 200.320(c).

J. Award of Contract. The contract shall be awarded in accordance with Section 3.08.050(f). If two or more bids are the same and the lowest, the City may accept the one it chooses.

K. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. Uses of the Non-Public Project Formal Bidding Procedure. A Formal Bidding Procedure shall be used whenever formal bidding is required by this chapter and the project does not involve a Public Project.

B. Distribution of Notice Inviting Formal Bids or Request for Proposals. A notice inviting formal bids or a request for proposals, as appropriate, shall be published at least fourteen (14) calendar days before the date of opening the bids or proposals in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City. The notice inviting formal bids or request for proposals may also be provided directly to vendors or contractors. The City shall endeavor to receive formal bids or proposals from at least three (3) vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder. If the Purchasing Officer and the Director of the using department certify that, to the best of their knowledge, there is no local source or local provider available for the project, the notice inviting bids or the request for proposals, as appropriate, may be distributed to a list of qualified vendors maintained by the Purchasing Officer and/or published in a trade journal appropriate to the project, in lieu of publication in a newspaper of general circulation.

C. Contents of Notice Inviting Formal Bids or Request for Proposals. At a minimum, the notice inviting formal bids or request for proposals shall:

1. Describe the project or purchase in general terms;

2. State how to obtain more detailed information about the project or purchase;

3. State the date, time and place for the submission of bids or proposals; and

4. Include any other information required by State or Local law, as determined by the City Attorney. Bids for purchases of more than fifty thousand dollars ($50,000) shall be sealed bids.

D. Proprietary Projects or Sole Source Products. If the Director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the notice inviting formal bids or request for proposals may be sent exclusively to such vendor(s) or contractor(s). For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. § 200.320(c) and be fully documented in the contract file.

E. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.

F. City's Authority. The City may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.

G. No Bids Received. If no bids are received, the Authorized Contracting Party may award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re-solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. § 200.320(c).

H. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. Uses of Non-Public Project Informal Bidding Procedure. This Informal Bidding Procedure shall be used whenever informal bidding is allowed for a purchase which does not involve a Public Project.

B. Distribution of Notice Inviting Informal Bids or Request for Proposals. A notice inviting informal bids or request for proposals, as appropriate, shall be provided. The notice inviting informal bids or requests for proposals shall be provided to at least three (3) vendors or contractors, and the City shall endeavor to receive informal bids or proposals from at least three (3) vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder.

C. Contents of Notice Inviting Informal Bids or Request for Proposals. At a minimum, the notice inviting informal bids or request for proposals Shall:

1. Describe the project or purchase in general terms;

2. State how to obtain more detailed information about the project or purchase;

3. State the date, time and place for the submission of bids or proposals; and

4. Include any other information required by State or Local law, as determined by the City Attorney. Bids for purchases of more than fifty thousand dollars ($50,000) shall be sealed bids.

D. Proprietary Projects or Products. If the Director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the notice inviting informal bids or request for proposals may be sent exclusively to such vendor(s) or contractor(s). For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. § 200.320(c) and be fully documented in the contract file.

E. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.

F. City's Authority. The City may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.

G. No Bids or Proposals Received. If no bids or proposals are received, the Authorized Contracting Party may award the contract by any alternative purchasing procedure. For federally funded procurements, if no bids are received, the City shall either re-solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. § 200.320(c).

H. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

In addition to the situations described in Section 3.08.050, competitive bidding, either formal or informal, is not required for Public Projects in the situations provided for in this section. Under such conditions, any Alternative Procedure may be used. Prior to a contract award under this section, the City Manager shall cause City staff to prepare and maintain a contract file with sufficient information to satisfy an external audit with respect to the exception invoked, which shall be retained for no less than five (5) years after the contract is entered into or the last payment thereunder is made, whichever occurs later.

A. Emergencies. In situations determined by the City Manager to constitute an Emergency for a Public Project pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The City Council hereby delegates to the City Manager the power to declare a public Emergency and take any directly related and immediate action required by the Emergency, up to the limit set forth in subd. (c) of section 22032 of the Public Contract Code, currently two hundred twenty thousand dollars ($220,000) as of 2025, pursuant to Section 22035 of the Act and California Public Contract Code Section 22050. Emergency expenditures of more than the limit set forth in subd. (c) of section 22032 of the Public Contract Code, currently two hundred twenty thousand dollars ($220,000) as of 2025, Shall first be Approved by the City Council. Work Shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.

For Projects of more than the limit set forth in subd. (a) of section 22032 of the Public Contract Code, currently seventy five thousand dollars ($75,000) as of 2025, a report on the Emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council shall determine, by a four-fifths (4/5) vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The City Council shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action may be completed pursuant to a Formal Bidding Procedure.

The City Manager shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action may be completed pursuant to an Informal Bidding Procedure.

B. No Competitive Market. When the City Council determines, in accordance with applicable Law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.

C. No Bids Received. When no bids are received pursuant to either the Public Project Informal Bidding Procedure or the Public Project Formal Bidding Procedure.

D. Otherwise Authorized. When otherwise authorized by this chapter or applicable Law.

E. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

In addition to the situations described in sections 3.08.060 through 3.08.080, competitive bidding, either formal or informal, is not required for Non-Public Projects in the situations provided for in this section. Under such conditions, any alternative procedure, including no bidding, may be used with the City Manager's approval. Prior to a contract award under this section, the City Manager shall cause City staff to prepare and maintain a contract file with sufficient information to satisfy an external audit with respect to the exception invoked, which shall be retained for no less than five (5) years after the contract is entered into or the last payment thereunder is made, whichever occurs later.

A. Emergencies. In situations determined by the Authorized Contracting Party to constitute an Emergency, as defined in section 3.08.020.

B. No Competitive Market. When the City Council determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.

C. Competitive Bidding Already Completed. When the Authorized Contracting Party determines that a competitive bid procedure has been conducted by another public agency (e.g., through CMAS or GSA) and the price to the City is equal to or better than the price to that public agency.

D. State Purchase. When the purchase is made on behalf of the City by the State Department of General Services.

E. Purpose of Bidding is Otherwise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non-Public Projects under this chapter. Prior City Council concurrence with the City Manager's determination shall be required for Non-Public Project purchases over one hundred thousand dollars ($100,000).

F. No Bids Received. When no bids are received Non-Public Project formal or informal bidding procedures.

G. Electric Utility. Purchases authorized by Section 2.18.010 of this Code.

H. Expenses. The reimbursement or payment of travel expenses and other employee expenses.

I. Insurance. The payment of any insurance premiums or claims, including employee medical payments.

J. Real Property. The purchase or lease of real property with City Council approval.

K. Banking and Investment Services. Banking, investment, and merchant or card processing services.

L. Purchases involving special facilities or market conditions.

M. Intergovernmental and Joint Power Authority Purchases. The proposed purchase is from or with another political subdivision, a joint power authority, state agency, or the United States government.

N. Purchases made through cooperative purchasing programs.

O. Debt service payments and related compliance and reporting services.

P. Contracts for Special Services pursuant to Government Code Section 53060.

Q. Otherwise Authorized. When otherwise authorized by this chapter or applicable law.

R. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

All using Departments shall submit to the Purchasing Officer, at such times and in such form as he/she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out.

A. The Purchasing Officer shall have authority to sell as surplus all supplies, materials and equipment which cannot be used by any agency or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the City Manager, and only after authorization from the City Council as to any items of an estimated value of ten thousand dollars ($10,000) or more.

B. Surplus supplies and equipment may be sold to the public if so prescribed by the City Manager and/or the City Council. City officials and Employees, and their immediate families, however, shall not be eligible to purchase such surplus items.

C. Surplus property sales shall be conducted through public auction, online auction platform, sealed bid, or other publicly advertised competitive method.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

Pursuant to the California Government Code, the Mayor must execute all contracts on behalf of the City, unless another City Officer or Employee is authorized to do so. The City Manager and his or her Designees, as explicitly set forth in this chapter and the administrative policies implementing this chapter, are hereby authorized to execute contracts on behalf of the City.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

In any transaction or communication with the City for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions apply:

A. When a record is required to be in writing, an electronic record satisfies that requirement, if it is in accordance with the UETA.

B. When a signature is required the parties may agree that either:

1. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or

2. A digital signature satisfies that requirement, if it is in accordance with Section 16.5 of the California Government Code.

3. This section is intended to enable the city to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law, and does not limit the city's ability to use electronic records, electronic signatures, or digital signatures in any way. All use of electronic records, electronic signatures, and digital signatures by the city shall be in accordance with city administrative policies and procedures, as may be designated and amended from time to time by the city administrator or his or her designee.

4. Any use of electronic records, electronic signatures, and digital signatures by the city that is not in accordance with this section and city administrative policies and procedures, or any unauthorized signing of any contract, record, or other document, shall render such contract, record, or other document invalid as not fully and properly executed by the city.

5. Authority to sign or execute contracts, records, or other documents via electronic signatures or digital signatures may be delegated by the City Manager or other City Department Heads to designated city staff members. The act of delegation of electronic signature authority by the City Manager or other City Department Head must be memorialized in writing, including, but not limited to, memorandum, city form, e-mail, or delegation process recorded within electronic signature software.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)

A. When any purchase, contract, public project, maintenance work, professional service, or acquisition of materials, supplies, or equipment is funded in whole or in part with federal grant funds, cooperative agreement funds, pass-through funds, disaster assistance funds, or any other form of federal financial assistance, the procurement of such goods or services shall be conducted in strict compliance with the procurement standards set forth in 2 C.F.R. Part 200, Subpart D, and any agency-specific federal regulations or grant conditions.

B. In the event any conflict between the provisions of this Chapter and federal procurement requirements, the federal requirements shall control and supersede this Chapter.

C. For federally funded procurements, the City shall:

1. Perform and document a cost or price analysis for every procurement action in excess of the federal micro-purchase threshold;

2. Maintain written documentation of all quotes, bids, proposals, evaluations, and selection rationale;

3. Prepare an independent cost estimate prior to solicitation;

4. Prohibit the use of geographic preferences, local vendor preferences, or evaluation criteria based on local economic benefit;

5. Restrict noncompetitive procurements (sole source) to circumstances expressly permitted under 2 C.F.R. § 200.320(c);

6. Verify and document that any cooperative purchasing, piggyback, CMAS, or other third-party procurement utilized by the City was conducted in compliance with federal procurement standards.

D. The Purchasing Officer shall develop administrative procedures and forms necessary to implement compliance with federal procurement requirements for applicable purchases.

E. Nothing in this section shall be interpreted to restrict the City's authority under this Chapter for non-federally-funded procurements.

(Ord. No. O-06-26, § 1(Exh. A), 3-17-2026)