Eastvale Municipal Code Ch. 4.06 Purchasing Goods and Services; Disposition of Surplus Supplies And…

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Editor's note— Ord. No. 26-04, § 1(Exh. A), adopted March 25, 2026, effective April 24, 2026, amended chapter 4.06, §§ 4.06.010—4.06.130 in its entirety to read as herein set out. Former chapter 4.06, §§ 4.06.010—4.06.130, pertained to similar subject matter, and derived from Ord. No. 19-06, § 1(Exh. A), adopted July 10, 2019; Ord. No. 22-02, § 4, adopted Feb. 9, 2022. Formerly, ch. 4.06, §§ 4.06.010—4.06.110, pertained to purchasing; professional services; disposition of surplus supplies and equipment and derived from Ord. No. 2010-11, § 1, adopted January 12, 2011; Ord. No. 2018-06, § 1, adopted June 27, 2018; Ord. No. 25-12, § 1(Exh. A), adopted November 12, 2025.

A centralized purchasing system is hereby adopted for the following purposes:

(a) To establish efficient procedures for the purchase of supplies, equipment, labor and services (goods and services) required by the city at the lowest possible cost commensurate with quality needed;

(b) To exercise responsible financial control over purchases;

(c) To clearly define authority for the purchasing function through the use of purchase orders, contracts and other authorized procedures;

(d) To establish the necessary procedures for the selection of vendors of all ranges of goods and services so as to avoid favor or prejudice;

(e) To provide for identification of capital assets acquired for the city; and

(f) To establish policy and procedures for the disposition of surplus goods.

This chapter applies to contracts for public projects, as defined herein, that are subject to compliance with the Local Agency Public Construction Act (Public Contract Code section 20100 et seq.) and other applicable State laws pertaining to the procurement of contracts for public projects, but only to the extent this chapter is not in conflict with State laws applicable to the public project. For the purpose of clarity, the informal and formal procurement procedures and exceptions thereto contained in sections 4.06.060 through 4.06.090 of this chapter shall not apply to public projects.

This chapter does not apply to contracts that do not involve the payment of public money to a third party in exchange for goods or services, including but not limited to franchise agreements and agreements related to the acquisition or disposition of rights to real property.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Contract means a mutually agreed upon, legally binding agreement between the city and the vendor, contractor, or consultant.

Department head means the person who is designated by the city manager as being responsible for each particular city department, including, but not limited to, city manager, city clerk, finance, planning, community services, law enforcement services, fire protection services, and engineering/public works.

Economy and efficiency refers to cases where, in the case of sound judgment, the need for goods or services is best met by methods which do not comply with the strict procedures of this division, due to time constraints, economy of scale or other considerations.

Emergency means a condition of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestations or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy.

Finance director means the city's finance director, or in the absence of a finance director, the city manager or a person designated by the city manager to carry out the duties of the finance director under this division of the Code.

Goods means supplies, equipment, materials, and any other items for sale or use, but not including real property.

Invitation for bids means a formal solicitation for sealed bids, including invitations for proposals or statement of qualifications, for which a public notice is advertised in accordance with administrative policies or applicable state law for public work projects.

Nonprofessional services means all services other than professional services, including but not limited to maintenance, repair, landscaping, janitorial, clerical, and other services that do not require advanced or specialized knowledge, expertise, training or skill. For the purposes of this division, nonprofessional services does not include any services that are performed on a public project and required to be procured and awarded in compliance with California Public Contracts Code.

Proclaimed emergency or disaster means the President or Governor has declared or proclaimed a State of Emergency for an area that includes the geographic territory of the city; or a local emergency has been proclaimed and is currently in effect.

Professional services means services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience. Professional services include, but are not limited to, services provided by accountants, appraisers, attorneys, economists, finance, insurance advisors, medical professionals, planning, those professions listed in Government Code Section 4526, and other specialized consultants.

Public project shall have the same meaning as defined in public contract code section 20161.

Purchase order means a legal document issued by the city to the selected vendor that authorizes the purchase and payment of goods or services.

Purchasing officer means the person(s) appointed by the finance director and functioning under his or her general direction and control to assist with the carrying out of the finance director's duties.

Services means the furnishing of labor, time or effort by an independent contractor.

Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods, as set forth in Title 2 of the Code of Federal Regulations, Part 200, as it may be amended from time to time.

Sole source means when goods or services may be obtained from only one source.

Vendor means the supplier, company, consultant, contractor, firm, and/or organization selected by the city to provide goods and services.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

(a) The finance director, at the direction of the city manager, has the authority and responsibility to designate a purchasing officer, establish a centralized purchasing system, and establish purchasing policy and procedures for the purchase of goods and services and disposition of surplus supplies and equipment in accordance with this chapter, as it may be amended from time to time by the city council.

(b) Purchasing officer. The finance director shall designate a purchasing officer whose duties shall include but not be limited to the following.

(1) May promulgate administrative policies necessary or desirable to carry out the responsibilities of this chapter.

(2) Keep informed of current developments in market conditions and new products and maintain a bidder's list, and other records needed for the efficient purchase of supplies and equipment.

(3) Cause goods delivered to the city to be inspected to determine their conformance with specifications.

(4) Evaluate contract services performed to determine conformance with the specifications set forth in the contract and for compliance with applicable policies, laws and regulations.

(5) Consider and encourage the purchase and use of environmentally friendly, "green" and recyclable materials and products, whenever practicable.

(6) When a contract for a purchase of goods or services is not expressly required herein, determine, in consultation with the city attorney, when it is appropriate for a contract to be executed in conjunction with the purchase of goods or services.

(7) Making determinations as to whether a particular service to be procured qualifies as a professional or nonprofessional service for the purposes of determining the relevant procurement procedures to be followed.

(c) Department heads. The head of each city department is responsible for administering and implementing for that department the purchasing policy and procedures set forth in this chapter and those established by the finance director. Each department head or his/her designee shall ensure that sufficient documentation is submitted to the purchasing officer with a request for purchase to demonstrate compliance with this chapter and any applicable administrative policies.

(d) Ethics statement. It is essential for taxpayers, residents, and businesses in the city to have complete confidence in the integrity of their public servants, particularly in the procurement of goods, services, and public projects. City employees, elected and appointed officials must uphold high standards of integrity in their conduct and ensure that their procurement activities align with administrative policies and any applicable federal, state, and local laws and procure without prejudice, seeking to obtain the maximum value for each dollar expended and avoid unfair practices. At a minimum, city employees are required to adhere to the standards outlined in the Political Reform Act, Government Code Section 8100 et seq.; Fair Political Practices Commission (FPPC), Government Code Section 1090, 87100, and 87103, and Anti-Kickback Enforcement Act of 1986 regulations.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

The adopted budget for each department for each fiscal year shall include funding for the necessary goods and services for that department during the fiscal year. Unless there is a proclaimed emergency or disaster, a purchase order for goods or services shall not be approved unless there exists an unencumbered appropriation in the department account against which such purchase is to be charged.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

(a) Initial approval. The city manager or their designee is authorized to approve and execute contracts for goods and services provided that the amount of the contract does not exceed $50,000.00. Contracts for goods and services greater than $50,000.00 shall be approved by the city council and executed by the city manager after city council approval.

(b) Change orders and amendments.

(i) Council approved contracts. Change orders and amendments to a contract approved by the city council may be approved by the city manager, provided the aggregate amount of all change orders and amendments to a particular contract, including the change order under consideration, do not exceed ten percent of the original contract amount. Any change order or amendment to a contract approved by the city council that exceeds ten percent of the original contract cost, when considered with the aggregate amount of all other changes to the contract, shall be approved by the city council.

(ii) City manager approved contracts. Change orders and amendments to a contract approved by the city manager may be approved by the city manager, provided that the aggregate amount of all change orders and amendments to a particular contract, including the change order under consideration, does not cause the total cost of the contract to exceed $55,000.00. Any change order or amendment to a contract approved by the city manager that results in the total cost of the contract exceeding $55,000.00 shall be approved by the city council.

(iii) Any proposed changes to a contract that does not increase the purchase price may be approved by the city manager in accordance with any applicable terms and conditions of the original contract related to change orders or amendments.

(c) The finance director shall provide a report to the city council, or a finance subcommittee established by the city council if one exists, on a recurring basis informing the council or its finance subcommittee of purchases approved administratively.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

(a) For purchases of goods and nonprofessional services not exceeding $10,000.00, purchases can be made without conducting informal or formal bidding. For purchases of professional services not exceeding $199,999.99, purchases can be made without conducting informal or formal bidding.

(b) For purchases of goods or nonprofessional services with a value of $10,000.01 to $49,999.99, at least three informal written bids, quotes or proposals must be obtained in accordance with the procedures established by the finance director, unless exempt pursuant to section 4.06.090. The purchase order or contract for such purchases shall be awarded to the lowest responsive, responsible vendor, consistent with the quality, quantity and delivery requirements.

The lowest responsive, responsible vendor shall be determined by such factors as price, ability, references, quality of supplies and equipment. Bids, quotes or proposals shall be submitted to the purchasing officer. The department head shall make a good faith effort to notify all businesses engaged in providing such goods or services located within the boundaries of the city of the opportunity to bid.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

Unless exempt pursuant to section 4.06.090, all purchases of goods of $50,000.00 or more shall be let by the formal procedures set forth herein.

(a) The purchasing officer shall advertise a public notice inviting formal bids.

(1) The public notices shall be transmitted by means established by the administrative code but not recited over the telephone or in person, to all qualified vendors on the city's bid list or who have requested their name to be added thereto. Any interested bidder may obtain an invitation for bid.

(2) The public notices shall describe the goods or services in general terms, how to obtain more detailed information, and state the time and place for submission of responses.

(3) Public notices shall be transmitted by way of electronic bidding system for the purpose of receiving sealed electronic bids or proposed contracts no later than ten calendar days before the opening date of the bids.

(4) Public notice shall be published at least ten calendar days before the date of opening of the bids.

(b) All bids shall be submitted sealed and electronically in accordance with the instructions contained in the invitation for bid.

(c) The bids shall be opened in public, at the time and place stated on the invitation for bid. All bids shall be publicly declared.

(d) Contracts shall be awarded in accordance with invitation for bid instructions.

(e) If two or more bids received are the same price and are the lowest price, the city may accept the one it chooses or accept the lowest bid made by negotiation with the bidders at the time of the bid opening.

(g) If no bids are received, the purchase may be let in the open market or by the informal procedures set forth in section 4.06.060.

(h) The purchasing officer shall have the right to waive any defect or informality in the bidding or in the procedures set forth in this section. A waiver of any defect or informality shall not void any contract subsequently entered into.

(i) Formal bidding may require bidder's security as determined by the purchasing officer. Bidder's security shall be in an amount equal to at least ten percent of the amount bid and shall be in one of the following forms:

(1) Cashier's check made payable to the city.

(2) A certified check made payable to the city.

(3) A bidder's bond executed by an admitted surety insurer which meets the rating requirements established by the city clerk, made payable to the city.

(j) A bid for which bidder's security is required shall not be considered unless one of the forms of bidder's security is enclosed with it. If the successful bidder fails to execute the contract, the amount of the bidder's security shall be forfeited to the city as set forth below.

(k) The city council may on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsive bidder. If the city awards the contract to the second lowest responsible bidder, the amount of the lowest bidder security shall be applied by the city to the difference between the low bid and the second lowest bid and the surplus if any shall be returned to the lowest bidder if a check is used or to the surety on the bidder's bond if a bond is used.

(l) In its discretion, the city may abandon the project or cause to have the project re-advertised for bids by the formal procedures set forth in this section.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

(a) Contracts for professional services of an estimated value of $200,000.00 or more shall be awarded upon completion of a competitive solicitation process which emphasizes value over price and permits the evaluation of criteria such as qualifications, experience, and performance data to determine the best overall value ("Best Value") to the city as determined by the purchasing officer, or may be exempted in accordance with section 4.06.090.

(b) Contracts for non-professional services of an estimated value of $50,000.00 or more shall be awarded by a competitive solicitation process as described in paragraph a of this section or through formal bidding procedures as described in section 4.06.070. The purchasing officer shall have the authority to determine the appropriate procedure to use for a purchase of non-professional services based on the nature of the services involved.

(c) Notwithstanding section 4.06.050, all contracts for the performance of the annual audit of the city's financial statements shall be approved by the city council.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

The procurement procedures set forth in sections 4.06.060, 4.06.070 and 4.06.080 may be waived, at the discretion of the purchasing officer or city council, when any of the following are applicable:

(a) After a reasonable attempt has been made to obtain bids, quotes, proposals or other submissions, and it has been determined by the purchasing officer that three responsive submissions cannot be obtained from responsible vendors.

(b) The purchasing officer determines that due to the nature of the goods or services formal bidding or solicitation is not likely to result in the lowest price or Best Value.

(c) The purchase of goods or services is made directly from a vendor at a price established by competitive procedures by another federal, state, county, other public agency or cooperative purchasing programs (also known as "piggybacking"), even if the agency has not established a cooperative purchase program or the city has not entered into a cooperative purchase agreement with the agency.

(d) The goods or services are unique or proprietary, including, but not limited to, acquisition of data processing, telecommunications and word processing equipment, goods and services.

(e) The goods or services can only be obtained from a sole source.

(f) The purchase of a specific brand name, make or model is necessary to match existing city equipment or aesthetic or facilitate effective maintenance and support.

(g) The purchasing officer determines that to further economy and efficiency it is in the city's best interest to waive strict compliance with the formal or informal solicitation procedures required herein.

(h) The purchasing of advertising in print or other media formats where legal requirements exist regarding the manner and method of advertising, or where the advertising is aimed at reaching a specific target audience.

(i) The purchasing officer finds that emergency conditions exist that require the immediate purchase of goods or services.

For purchases made from an emergency situation, in accordance with purchasing policy and procedures, the director of any department, with the approval of the city manager, may purchase supplies, equipment, or services directly subject to parameters set forth in city council resolution(s) or administrative guidelines. The director will submit a report of the circumstances of the emergency to the purchasing officer within three business days. If the contract is one that in a non-emergency situation would have needed to be presented to city council for approval, then the report will be filed with the city council and will be entered in the minutes of the city council at its next regular meeting.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

The city council has encouraged all residents and businesses located within the City of Eastvale to shop locally at businesses located in the city. In keeping with this policy except for those contracts funded through programs or partners which prohibit the use of a local preference or as may be prohibited by state or federal law, the purchasing officer shall make every attempt to purchase goods from Eastvale businesses by giving preference to local vendors in the purchase of goods pursuant to the formal or informal competitive procedures. The city must inform prospective bidders that the city will be giving preference to local bidders at the time the bids for goods are solicited.

(a) A vendor shall be considered a local vendor if it meets the following criteria:

(1) It has fixed facilities with employees located within the city limits; and

(2) All sales tax returns for the goods purchased must be reported to the state through a business within the geographic boundaries of the city; and

(3) It has a city business registration

(b) A purchase of goods where local vendor preference is being given shall be awarded as follows:

(1) If a local vendor submitted the lowest priced submission, then the contract shall be awarded to such qualifying local vendor.

(2) If one or more qualifying local vendors have made a responsive submission but a qualifying local vendor did not submit the lowest priced submission, the submission price of each qualifying local vendor shall be reduced by ten percent for the purposes of comparison when evaluating bids. The reduced price of each qualifying local vendor will then be compared to the other submissions received by the city. If with this ten percent reduction a local vendor would be awarded the contract, the contract shall be awarded to the qualifying local vendor.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

The head of any city department may declare supplies or equipment (collectively "personal property") held by such department surplus. Such declaration shall be in writing and the written declaration shall be delivered to the finance director who shall maintain a written inventory of surplus supplies and equipment for circulation to and review by each department. If any department has use for such personal property, the department head may request reassignment of such personal property from the finance director. The finance director shall have the authority to assign the personal property to the department best able to make use of such personal property. If no department head makes a request for use of such personal property after the inventory report has been circulated for one month, the personal property shall be deemed surplus.

(a) The finance director shall have the authority to dispose of surplus supplies, vehicles, capital assets, equipment and other materials which cannot be used by any city agency or which have become unsuitable for city use by one or more of the following methods:

(1) Sale on the open market. The finance director shall cause to be published at least three days before the sale, in a locally adjudicated newspaper or newspaper circulated in the city, or by posting on any city website, a notice of sale setting forth a general description of the personal property to be sold, and the day, time and location of the sale. The terms of all such sales shall be cash in the amount of the full purchase price.

(2) Sale by sealed bid or public auction. As an alternative to the sale on the open market, the finance director may, when in his/her judgment it is in the best interest of the city, sell surplus personal property by means of sealed bid or public auction.

In the case of sale by sealed bid or public auction, the finance director shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, or by posting on any city website, a notice setting forth a general description of the surplus personal property to be sold, and the day, time and location of the sale. The terms of all such sales shall be cash in the amount of the full purchase price.

In conducting an auction, the finance director may contract with a professional auctioneer and allow a flat fee, hourly fee or percentage of the amount of the sale to be paid based upon that which is common and customary method and rate for such auctioneering services.

(3) Trade-in, only when the finance director determines that the trade-in value is expected to exceed the value estimated to be obtained through the sale or other disposition of such surplus property.

(4) Scrap. Surplus property may be sold as scrap if the finance director deems that the value of its parts exceeds the value of the surplus property as a whole.

(5) Low value item. Where the finance director determines that surplus property is of minimal value to the city due to spoilage, obsolescence or other cause or where the city determines that the cost of disposal of such property would exceed the recovery value, the city shall dispose of the same in such a manner as they deem appropriate and in the best interest of the city, including but not limited to donation to any other governmental organization (including those outside the United States) or a non-profit group or corporation exempt from federal taxes pursuant to Internal Revenue Code Section 501(c)(3) located within or serving the City of Eastvale.

(6) Other procedures permitted by law, as directed by the city council.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

(a) Purpose and applicability. This section pertains to federally-funded projects and purchases. The purpose of this section is to ensure compliance with all applicable federal requirements when federal money is being expended by the city. To the extent that any provisions of this section are inconsistent with any other provisions of this chapter, the provisions of this section shall prevail with respect to federally-funded procurements. If any provision of this section becomes inconsistent with federal requirements, whether due to a change in federal law or regulations, through judicial precedent, or for any other reason, then the city shall not be required to comply with the inconsistent provision.

(b) Code of conduct. As representatives of the City of Eastvale, all employees are expected to conduct themselves in a professional and ethical manner, maintaining high standards of integrity and the use of good judgement. Employees are expected to be principled in their business interactions and act in good faith with individuals both inside and outside the city. The following code of conduct shall govern the performance, behavior and actions of the city, including employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts:

(1) No employee, director, appointed or elected official, volunteer, or agent of the city shall participate in the selection, award, or administration of contracts supported by a federal award if a conflict of interest is real or apparent to a reasonable person.

(2) Conflicts of interest may arise when any employee, officer, or agent of the city, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a real or apparent financial or other interest in or a tangible personal benefit form a firm considered for the contract.

(3) The city's employees, directors, appointed or elected officials, volunteers, or agents shall neither solicit nor accept gratuities, favors, gifts, consulting fees, trips, or anything having a monetary value in excess of the gift limitation amount established by the fair political practices commission from a vendor, potential vendor, family or employees of a vendor, contractor or parties to subcontractors.

(4) Disciplinary measures for violations of the code of conduct by employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts could lead to disciplinary measures, up to and including possible termination of employment.

(c) Solicitation procedures.

(1) Acquisition of unnecessary or duplicative items must be avoided. Consideration should be given to consolidating or dividing procurements to obtain a more economical purchase. When appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.

(2) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services, the city shall enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.

(3) Federal excess and surplus property shall be utilized in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.

(4) Value engineering clauses may be used in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.

(5) Contracts shall only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

(6) Records will be maintained to sufficiently detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. The city clerk will be the repository for said records and shall be maintained in accordance with the city's adopted records retention schedule.

(7) Time and material type contracts (open-ended) may be used only after a determination that no other contract is suitable. Time and material type contract means a contract where the cost to the city is the sum of the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expense, and profit. Each time and material contract will set a ceiling price that the contractor exceeds at its own risk. A higher degree of oversight is required in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.

(8) The city alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the city of any contractual responsibilities under its contracts. The federal awarding agency will not substitute its judgment for that of the city unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or federal authority having proper jurisdiction.

(d) Competition.

(1) All procurement transactions must be conducted in a manner providing full and open competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals will be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include, but are not limited to:

a. Placing unreasonable requirements on firms in order for them to qualify to do business;

b. Requiring unnecessary experience and excessive bonding;

c. Noncompetitive pricing practices between firms or between affiliated companies;

d. Noncompetitive contracts to consultants that are on retainer contracts;

e. Organizational conflicts of interest;

f. Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance or other relevant requirements of the procurement; and

g. Any arbitrary action in the procurement process.

(2) Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.

(3) All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equivalent description may be used as a means to define the performance or other relevant requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated.

(4) Bids and proposals shall identify all the requirements which the offerors must fulfill and all other factors to be used in evaluation bids or proposals

(e) Methods of procurement.

(1) Micro-purchase: Micro-purchases may be made on the open market. Micro-purchases are purchases where the aggregate dollar amount does not exceed $15,000.00, or $2,000.00 for acquisitions of construction subject to 40 U.S.C. chapter 31, or $2,500.00 for acquisitions of services subject to 41 U.S.C. chapter 67, or the current micro-purchase limitation set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1. where this threshold is periodically adjusted.

(2) Small purchases: Purchases up to the simplified acquisition threshold may be made by following informal purchasing procedures (§ 4.06.050). The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1. and adjusted periodically. As of the date of this ordinance, the simplified acquisition threshold is $350,000.00.

(3) Large purchases: Purchases over the simplified acquisition threshold must be made by any of the following competitive processes:

a. Sealed bids. The fixed price (lump sum or unit price) is awarded to the responsible bidder who conformed to all material terms and is the lowest in price.

i. This method is the preferred procurement method for construction contracts, if the following conditions apply:

(a) A complete, adequate, and realistic specification or purchase description is available;

(b) Two or more responsible bidders are willing and able to compete effectively for the business, and,

(c) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally based on price.

ii. If sealed bids are used, the following requirements shall apply:

(a) The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known vendors, providing them sufficient response time prior to the date for opening the bids;

(b) The invitation for bids, which will include any specifications and pertinent attachments, must define the terms or services in order for the bidder to properly respond;

(c) All bids will be publicly opened at the time and place prescribed in the invitation for bids;

(d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts will only be used in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and

(e) Any or all bids may be rejected if there is a sound documented reason.

b. Competitive proposals: This procurement method requires formal solicitation, fixed-price or cost-reimbursement contracts, and is used when sealed bids are not appropriate. The contract should be awarded to the responsible firm whose proposal is most advantageous to the project, with price being one of the various factors. If this method is used, the following requirements apply:

i. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;

ii. Proposals must be solicited from an adequate number of qualified sources;

iii. The methods for conducting technical evaluations of the proposals received and for selecting recipients may include, but not limited to: oral interviews, references, past performance, availability to perform work, and certifications as determined by project scope.

iv. Any response that takes exception to any mandatory items in this proposal process may be rejected and not considered;

v. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the project, with price and other factors considered; and,

vi. Competitive proposal procedures may be used for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services, though A/E firms are a potential source to perform the proposed effort.

(4) Noncompetitive proposals: Also known as sole-source procurement, this may be appropriate only when one or more of the following criteria are met:

a. The item is available only from a single source;

b. The public emergency for the requirement will not permit a delay resulting from competitive solicitation;

c. The federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity; or

d. After solicitation of a number of sources, competition is determined inadequate.

(f) Contract cost and price. A cost or price analysis shall be performed in connection with every procurement action in excess of the simplified acquisition threshold, including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, independent estimates shall be made prior to receiving bids and proposals.

(1) Profit shall be negotiated as a separate element of the price for each contract in which there is a no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

(2) Costs or prices based on estimated costs for contracts under the federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the city under Subpart E - Cost Principles of Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(3) The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used.

(g) Federal awarding agency or pass-through entity review.

(1) The city shall make available, upon request of the federal awarding agency or pass-through entity, technical specifications on proposed procurements where the federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the city desires to have the review accomplished after a solicitation has been developed, the federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.

(2) The city will make available upon request, for the federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:

a. Procurement procedures or operations fails to comply with the procurement standards in this part;

b. The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;

c. The procurement, which is expected to exceed the simplified acquisition threshold, specifies a "brand name" product;

d. The proposed contract is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or

e. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold.

(3) The city is exempt from the pre-procurement review in subsection 2 of this section if the federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part.

(4) The city may request that its procurement system be reviewed by the federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis;

(5) The city may self-certify its procurement system. Such self-certification must not limit the federal awarding agency's right to survey the system. Under a self-certification procedure, the federal awarding agency may rely on written assurances from the city that it is complying with these standards. The city must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.

(h) Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the federal awarding or pass-through entity may accept the bonding policy and requirements of the city provided that the federal awarding agency or pass-through entity has made a determination that the federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:

(1) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified;

(2) A performance bond on the part of the contractor for 100 percent of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract; and,

(3) A payment bond on the part of the contractor for 100 percent of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

(i) Contract provisions. Contracts where federal funding is utilized shall include the following contract clauses, the specific language of which shall be determined by the city attorney:

(1) Equal employment opportunity - All contracts, when funded in whole or partly by monies derived from the federal government (either directly or indirectly), shall contain a provision requiring compliance with equal employment opportunity.

(2) Davis-Bacon Act - Applies to construction contracts in excess of $2,000.00. It requires contracts to pay laborers and mechanics wages not less than the prevailing wage as determined by the Secretary of Labor and must be required to pay wages not less than once a week. Each bid solicitation published by the city must contain the current prevailing wage determination. Any award of the contract must be conditioned on contractor's acceptance of that wage determination and suspected or reported violations of this act shall be immediately reported to the federal awarding agency.

(3) Copeland "Anti-Kickback" Act - Applies to construction contracts in excess of $2,000.00. It prohibits kickbacks in construction contracts funded with federal monies. Contractors and subcontractors or sub recipients shall be prohibited from inducing any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled and suspected or reported violations shall be immediately reported to the federal awarding agency.

(4) Contract Work Hours and Safety Standards Act - Applies to contracts in excess of $150,000.00 that involve the employment of mechanics or laborers funded with federal money. Such contracts must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

(5) Clean Air Act & Federal Water Pollution Control Act - Applies to contracts and sub grants in excess of $150,000.00. Contractor shall be required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Suspected or reported violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(6) Debarment and suspension - Contracts funded with federal grant monies may not be awarded to contractors that have been debarred or suspended from receiving federal monies pursuant to the System for Award Management (SAM).

(7) Byrd Anti-Lobbying Amendment - Contractors that apply or bid for an award of $100,000.00 must certify that they will not and have not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award.

(j) Contracting with small and minority business, women's business enterprises, and labor surplus area firms. All necessary affirmative steps will be taken to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and,

(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in subsections (1) through (5) of this section.

(k) Proclaimed emergencies or disasters. Notwithstanding any other provision in this section, the city shall follow the then-current applicable procurement procedures promulgated by the Federal Emergency Management Agency (FEMA) necessary to be eligible for FEMA funding or reimbursement for purchases during a proclaimed emergency or disaster.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)

(a) All city departments, and direct service providers to the city, as applicable, must comply with the city's recovered organic material produce and recycled-content paper procurement policy, as amended.

(b) All vendors providing paper products and printing and writing paper shall:

(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than one percent of the total cost for non-recycled items.

(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

(4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

(5) Provide records to the city's recordkeeping designee, of all paper products and printing and writing paper purchases (both recycled-content and non-recycled content, if any is purchased). Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in this section, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(Ord. No. 26-04, § 1(Exh. A), 3-25-2026)