Colusa Municipal Code Art. I In General

The purpose of this chapter is to provide for the fair and equitable treatment of persons involved in public purchasing with the city, to provide safeguards to maintain a procurement system of quality and integrity, and to assure a maximum of competition for the lowest price consistent with the stated level of quality. The further purposes of this chapter are to define the types of contracts regulated by this chapter, provide for the authority of city officers to enter into certain contracts, and to set forth the procedural requirements for the various types of contracts. All purchases and contracts for services, commodities, equipment and other personal property by the city shall be made in accordance with this chapter, except as otherwise required by state law.

(Ord. No. 424, § 1.)

The contracts regulated by this chapter are:

(a) Contracts for professional services;

(b) Contracts for the purchase of commodities, equipment and general services;

(c) Contracts for public works projects; and

(d) Contracts for the acquisition and disposition of interests in real property.

(Ord. No. 424, § 1.)

For the purposes of this chapter, the following definitions shall apply:

(a) "Amendment" or "change order," means change, or modification, or addendum to a contract after it has been executed.

(b) "Commodities" means any tangible goods or items such as supplies, parts and materials. Generally, they are consumable in city operations, become part or a component of city equipment or city facilities.

(c) "Construction" means the process of building, altering, repairing, improving or demolishing any structure or building, or other improvements of any kind. It does not include operation, routine repair, or routine maintenance of existing structures, buildings or real property.

(d) "Contract" means any agreement to do or not do a certain thing. "Contract" and "agreement" are synonymous. The term "contract" includes, among other things, a purchase order, a contract for services, and an addendum or change order.

(e) "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.

(f) "Equipment" means tangible personal property which is durable. It may be mobile, portable or fixed; and is an independent functioning unit, as opposed to parts which are components. It would include, for example, office equipment, furniture, field equipment, shop, lab, and plant equipment, vehicles and rolling stock.

(g) "Invitation for bids" means documents, whether attached or incorporated by reference, utilized for soliciting bids.

(h) "Local vendor" means a person or legal entity which has a place of business (other than a Post Office box) within the city, has a valid, current business license issued by the city, and has had the place of business within the city and business license issued by the city for at least one year prior to the opening of the bid.

(i) "Professional services" means services performed by specially trained and experienced persons or entities such as services provided by an attorney, architect, accountant, engineer, doctor, financial consultant, planning or environmental consultant, investment or banking advisor, or public relations consultant.

(j) "Public works project" means projects for the erection, improvement, construction, repair, renovation, alteration or improvement of public buildings and related structures, including but not limited to, street work, sewer work, water system work, drainage and flood control works, and park and recreation facilities. Public works projects do not include routine, recurring, or other normal work done to maintain any public owned or operated structure or improvement.

(k) "Procurement" means the process of buying, purchasing, renting, leasing or other acquisition of commodities, equipment, services or construction.

(l) "Request for proposal" means documents, whether attached or incorporated by reference, utilized for soliciting proposals.

(m) "Responsible vendor, bidder or offeror" means a person who has the capacity in all respects to perform fully the contract requirements, and the experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance.

(n) "Responsive vendor, bidder or offeror" means a person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.

(o) "Services" means the furnishing of labor, time or effort to perform or complete a designated task.

(Ord. No. 424, § 1.)

Before a contract is signed by any city representative, the contract must: (1) include insurance and indemnification provisions and be approved as to form by the city attorney; (2) be approved as to funding availability by the city manager or his/her designee; and (3) be signed by the other party (except in the instance of a public entity, in which instance it may be signed by the city representative first). The city council or city manager shall not award, sign or issue any contract or purchase order for commodities, equipment, services or public works projects unless there exists an unencumbered appropriation in the proper account against which the contract or purchase shall be charged.

(Ord. No. 424, § 1.)

City contracts for commodities, equipment, general services or public works projects shall be awarded by competitive sealed bidding except as otherwise provided or authorized in this chapter.

(Ord. No. 424, § 1.)

(a) No city official or employee shall accept any gratuity or kickback, provide confidential or contractual advance information to any potential bidder, or accept any fee contingent upon the award of a contract. Without prior authorization of the city council, the city will not award any contracts or purchase orders to city officials or employees or to family members of either, purchase any items for the personal use of any city official or employee, or allow city officials or employees, or their family members to purchase surplus city supplies or equipment.

(b) Any official or employee of the city who shall aid or assist a bidder in securing a contract to furnish supplies, equipment or services at a higher price than that proposed by any other bidder, or who shall favor one bidder over another by giving or withholding information, or who shall willfully mislead any bidder in regard to the character of the commodity called for, or who shall knowingly accept commodities of a quality inferior to those called for by the contract, or to the receipt of a greater amount or different kind of commodity than has been actually received, shall be deemed guilty of a misdemeanor.

(Ord. No. 424, § 1.)