3-8 PURCHASING AND CONTRACTING.

It is the policy of the Town of Danville to obtain the highest quality supplies, equipment and services at the lowest possible cost. The purpose of this Section 3-8 is to establish procedures that further this policy by providing responsible financial controls for all purchasing and contracting by the Town. (Ord. #99-01, §2)

As used in this Section 3-8, the following words and phrases have the following meanings:

Awarding authority means the Town Council, Town Manager or other person authorized by this section to award contracts after completion of the applicable selection process.

Contract means a written agreement between the Town and any person or entity providing services or supplies to the Town. Contract shall include a purchase order issued by the Town pursuant to this section.

Formal bid means a bid submitted in a sealed envelope in conformance with a prescribed format.

General services means any work or services provided by an independent contractor, including, but not limited to: maintenance or repair of Town buildings, structures or improvements; repair, modification or maintenance of Town equipment or software; replanting, care or maintenance of public grounds, including trees, shrubs and other plants; temporary personnel services; any other services provided to the Town which do not fall under the definition of public projects or professional services.

Informal bid means a bid submitted by letter, telephone, facsimile, electronically or by any other specified means, which need not be sealed.

Local business means an individual merchant or entity engaged in business with offices or distribution points located within the corporate boundaries of the Town and which for sales tax purposes, designates the Town as the point of sale for retail transactions.

Professional services means accounting, appraisal, architectural, auditing, engineering, surveying, legal, financial planning, planning or any other service with similar professional, scientific, expert or other technical skill.

Public project shall have the meaning set forth in Section 20161 of the California Public Contract Code as that section now exists or may exist in the future.

Supplies means all goods, materials and equipment.

Vehicle shall have the meaning set forth in Vehicle Code Section 670 or its successor.

• (Ord. #99-01, §2)

All contracts for public projects shall be bid and awarded pursuant to the procedures required by the California Public Contract Code. (Ord. #99-01, §2)

The Town shall award contracts for professional services on the basis of demonstrated competence and professional qualifications necessary to accomplish the necessary tasks and not solely on the basis of price. Rather than using a competitive bidding process when selecting contractors to provide professional services, the Town shall utilize a request for proposal process addressing technical qualifications, ability to provide the service in a timely manner and costs. (Ord. #9901, §2)

Whenever possible, all contracts for the purchase of supplies or services shall be awarded on the basis of competitive bidding. Notwithstanding the above, competitive bidding shall not be required in the following circumstances:

• a. Contracts for professional services awarded pursuant to subsection 3-8.4;

• b. When the estimated amount of the contract is less than ten thousand ($10,000) dollars;

• c. For emergency purchases necessary to prevent the immediate interruption or cessation of necessary Town services or to safeguard life, property or the public health and welfare;

• d. Where it can be demonstrated that there is only one (1) vendor or source of the required supplies or services.

• (Ord. #99-01, §2; Ord. 2013-01, §1; Ord. 2021-03, § 1)

All contracts for the purchase of supplies or general services that are subject to competitive bidding may be awarded on the basis of informal bids if the estimated amount of the contract, including appropriate contingency amounts, is less than twenty-five thousand ($25,000.00) dollars. For purchases in which informal bids are used, every reasonable effort shall be made to obtain at least three (3) such bids. All contracts estimated at more than twenty-five thousand ($25,000.00) dollars must be awarded on the basis of formal bids. (Ord. #99-01, §2; Ord. 2021-03, § 1)

All contracts for the purchase of supplies or general services shall be awarded on the basis of the most advantageous proposal to the Town. In determining the most advantageous proposal to the Town, the awarding authority shall consider the following factors:

• a. Cost to the Town;

• b. Quality of the proposed service or supplies;

• c. Location of the vendor/contractor;

• d. Capabilities and expertise of the contractor;

• e. Past service record of the vendor/contractor with the Town;

• f. References from other persons or entities regarding the work record of the vendor/contractor.

• (Ord. #99-01, §2)

As required by the Public Contract Code, the Town Council shall be the awarding authority for all public project contracts of at least five thousand ($5,000.00) dollars. For all other contracts, the awarding authority shall be:

(Ord. #99-01, §2)

Notwithstanding any other provision of this Section 3-8, the procedure for the purchase of vehicles by the Town shall be as set forth in this subsection. All purchases of vehicles may be made through informal bids. In addition, if the Town Council has appropriated funds for the purchase of the specific vehicle(s) through the Town’s annual financial plan and the purchase price is within the appropriated amount, the Town Manager shall be the awarding authority. If funds were not previously appropriated for the specific vehicle(s) or the price exceeds the appropriated amount, the Town Council shall be the awarding authority. (Ord. #99-01, §2)

All purchases of services or supplies shall be made by written contract or purchase order, as deemed appropriate by the awarding authority and City Attorney. (Ord. #99-01, §2)

Notwithstanding anything to the contrary in this Section 3-8, technical or specialized supplies may be purchased by means of negotiation rather than competitive bidding under the following circumstances:

• a. Suitable technical performance specifications for the supplies are not readily available;

• b. The Town is unable to develop adequate specifications due to the unique nature of the supplies;

• c. The quality of the supplies cannot be accurately determined by reference to their specifications alone;

• d. A negotiated purchase would be more advantageous to the Town.

• (Ord. #99-01, §2)

In awarding contracts pursuant to subsection 3-8.6, if, after reviewing the specified criteria all factors are relatively equal between a local and nonlocal business, it shall be the policy of the Town to award the contract to the local business. (Ord. #99-01, §2)

After the award of any contract, any unsuccessful bidder may challenge the bid procedure by filing a written protest with the awarding authority. The protest must set forth the reasons for the challenge and must be filed within ten (10) days of the award of the contract. The awarding authority shall review the protest and provide a written reply in an expeditious manner. The decision of the awarding authority with respect to the protest shall be final. Failure to file a timely protest shall be deemed a waiver of any challenge to the procedure or award of contract. (Ord. #99-01, §2)

3-8.14 Cooperative Purchasing Agreements With Other Agencies. |

Notwithstanding any provision of this Section 3-8, the Town may participate in any voluntary cooperative purchasing agreement or program with the State, County, other cities or public agencies if it would be advantageous to the Town. The bidding and contract procedures to be used in such cases shall be those specifically required in the voluntary cooperative purchasing agreement between the participating agencies. (Ord. #99-01, §2)

The Town Manager may adopt administrative policies and procedures for the purpose of implementing the provisions of this Section 3-8. (Ord. #99-01, §2)

It is unlawful to split or separate orders into smaller quantities or amounts for the purpose of avoiding the competitive bidding provisions of this chapter. (Ord. #99-01, §2)

The Town staff member responsible for administration of a particular purchase or contract may approve change orders to the contract so long as the amount is within the approved contingency for the contract. Any change order exceeding the contingency shall be approved by the Town Manager. Any change orders exceeding the amount appropriated by the Town Council shall be approved by the Town Council through an additional appropriation. (Ord. #99-01, §2)

It shall be the policy of the Town to purchase and use recycled products and materials whenever feasible. In addition, the Town will cooperate to the greatest extent feasible with neighboring City and County governments in an effort to develop a comprehensive and effective procurement effort intended to stimulate the market for recycled products, reusable products, and products designed to be recycled. (Ord. #99-01, §2)

Any purchase or contract made in violation of the provisions of this Section 3-8 shall be null and void. (Ord. #99-01, §2)