Chapter 39 — CITY POLICY

Except as otherwise specifically provided in this code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city pursuant to any of the provisions of this code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof.

('63 Code, § 1-4.01)

The written notice of appeal shall be filed with the City Clerk within 14 days after receipt of written notice of such action appealed from, but in no event later than 30 days after the date of such action. ('63 Code, § 1-4.02)

The City Clerk shall forthwith set such matter for hearing before the Council at a subsequent regular meeting and shall cause notice thereof to be given to the applicant not less than five days prior to such hearing, unless such notice is waived in writing by the applicant. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.

('63 Code, § 1-4.03)

CLAIMS AGAINST CITY

The provisions of this chapter recognize that the general claim procedures applicable to the city and all local public agencies are governed by the provisions of the Cal. Government Code, Chapters 1 and 2 of Division 3.6, commencing with §§ 900 and following. The provisions of this chapter are enacted pursuant to the authority contained in Cal. Government Code § 905; provided, that such claims are not governed by any other statutes, ordinances or regulations. (Ord. 815-C.S., passed 8-4-15)

Claims against the City of Eureka for money or damages that are excepted by Cal. Government Code § 905 from Chapter 1 (commencing with § 900) and Chapter 2 (commencing with § 910) of the Government Claims Act and that are not governed by any other statutes or regulations expressly relating thereto, must be presented in the same manner as claims not so excepted. The time periods prescribed by Cal. Government Code §§ 911.2 and 912.4 will apply to these claims.

A claim must be presented and acted upon before suit against the city or employees of the city in their official capacity may be brought thereon. Any action brought against the city on the claim will be subject to Cal. Government Code §§ 945.6 and 946. (Ord. 932-C.S., passed 2-15-22)

No suit subject to this chapter may be brought against the city until a claim has been presented to and acted upon by the city, pursuant to the provisions of Cal. Government Code § 945.4. Any action brought against the city on a claim after it has been presented to and acted upon by the city shall be subject to the provisions of Cal. Government Code §§ 945.6 and 946. (Ord. 325-C.S., passed 6-17-80; Am. Ord. 556-C.S., passed 8-19-93; Am. Ord. 815-C.S. Passed 8-4-15)

Pursuant to Cal. Government Code § 935.4, the City Council delegates authority to the City Manager and their designees to review all claims for sufficiency and to reject any and all claims. The City Council delegates to the City Manager authority to allow, compromise, or settle claims, including workers' compensation claims, for an amount up to $50,000. The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $50,000.

(Am. Ord. 815-C.S., passed 8-4-15)

A claim shall be in writing, verified by the claimant or by his or her guardian, conservator, executor or administrator, and shall be presented to the City Clerk by the claimant or by a person acting on the claimant's behalf. The claims shall show all information as required by Cal. Government Code § 910. The foregoing reference to Cal. Government Code § 910 shall not be construed to authorize a class action, and no claim may be filed on behalf of a class of persons unless verified by every member of that class. The City Manager or his or her designee, shall review all claims for sufficiency of information. The City Manager or his or her designee, may within 20 days of receipt of a claim, either personally deliver or mail to claimant a notice stating deficiencies in the claim presented. If such notice is delivered or sent to claimant, the city shall not act upon the claim until at least 15 days after such notice is sent.

(Ord. 325-C.S., passed 6-17-80; Am. Ord. 815-C.S., passed 8-4-15)

Pursuant to Cal. Government Code § 911.2, any claim specified in EMC § 39.10 shall be presented within the following time limitations:

(A) Claims relating to a cause of action for death, injury to person or to personal property shall be presented within six months after the accrual of the cause of action.

(B) Claims relating to any other cause of action shall be presented within one year after the accrual of the cause of action. (Ord. 325-C.S., passed 6-17-80; Am. Ord. 468-C.S., passed 3-3-88; Am. Ord. 815-C.S., passed 8-4-15)

Any applicant who fails to file a claim within the time period required by EMC § 39.18 may submit a written request to the city for leave to present a late claim, pursuant to the provisions of Cal. Government Code § 911.4. The City Manager or his or her designee, shall grant or deny the application to present a late claim within 45 days after it is presented to the City, in accordance with the provisions of Cal. Government Code §§ 911.6 through 912.2, inclusive. (Ord. 325-C.S., passed 6-17-80; Am. Ord. 815-C.S., passed 8-4-15)

Pursuant to Cal. Government Code § 912.4, the City Manager or his or her designee shall act on a claim within 45 days after the claim has been presented. By mutual agreement of the claimant and the City Manager or his or her designee, such 45-day period may be extended by written agreement. If the claim is not acted on within 45 days, it shall be deemed to have been rejected on the forty-fifth day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement.

(Ord. 325-C.S., passed 6-17-80; Am. Ord. 815-C.S., passed 8-4-15)

PROCUREMENT

This subchapter is known and may be cited as the "Purchasing System of the City." (‘63 Code, § 2-6.01) (Ord. 2849, passed 10-4-60; Am. Ord. 451-C.S., passed 9-15-86; Am. Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3-19)

(A) In accordance with and pursuant to Charter Section 709 (Purchasing), there is hereby adopted a centralized purchasing system in the city in order to establish: (a) efficient procedures for the purchase of equipment, materials, supplies, and services, including conditions under which purchases require competitive bidding; (b) requirements for Council approval of purchases; (c) conditions under which all bids may be rejected and new bids invited; and (d) to assure that purchases are at the lowest possible cost commensurate with quality needed; (e) to exercise positive financial control over purchases; (f) to assure the quality of purchases; (g) to authorize alternative procurement methods; (f) to serve the city's best interests; and (g) to assure the quality of professional services.

(B) To the full extent permitted under section 5(a) of Article XI of the California State Constitution, with respect to municipal affairs, the city is expressly exempt from compliance with the provisions of the Public Contract Code, except for laws which expressly apply to charter cities or are preemptive based on matters of statewide concern.

(‘63 Code, § 2-6.02) (Ord. 2849, passed 10-4-60; Am. Ord. 451-C.S., passed 9-15-86; Am. Ord. 690-C.S., passed 5-17-05; Am. Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3-19)

(A) Definitions. As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply regardless of whether or not the defined term is capitalized:

BID. A written offer to provide goods or services at a stated price in response to a city bid solicitation.

BIDDER. A person or entity that submits a bid in response to a city bid solicitation.

COMPETITIVE PROCUREMENT PROCESS. Any competitive process for procurement of goods or services, including bidding (formal or informal), requests for proposals, requests for qualifications, and requests for quotes.

CONTRACT. A written, legally-binding agreement between the city and a contractor, service provider, or vendor to provide goods and/or services to the city.

DIR. The California Department of Industrial Relations.

EMERGENCY. 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.

FORMAL BIDDING. A competitive procurement process requiring public notice of the invitation for bids, and pursuant to which a contract will be awarded, if at all, to the responsible bidder that submits the lowest responsive bid. GOODS. Tangible items, including, materials, equipment, and supplies.

INFORMAL BIDDING. A competitive procurement process in which notice of the invitation for bids may be sent informally, including via email to potential bidders, as may be further specified in the Procurement Policies and Procedures.

LAWS. All applicable local, state, and federal laws, rules, and regulations (including the uniform federal standards applicable

to non-federal entity funding recipients), as well as the City Charter, this subchapter, and all ordinances and resolutions enacted by the Council.

LOCAL BUSINESS. A business that: (1) has fixed offices or distribution points located within the geographical boundaries of Humboldt County; (2) is listed in the City of Eureka permits and license tax paid file; (3) possesses a current Business License Certificate; and (4) has been located and doing business in Humboldt County for at least six months. A Post Office box number alone will not suffice to establish status as a local business.

MAINTENANCE. Routine, recurring, and usual work for the preservation or protection of any city owned or publicly operated facility for its intended purposes, including, but not limited to (1) minor repainting; (2) resurfacing of streets and

highways at less than one inch; (3) landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and (4) 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 230,000 volts and higher. However, the definition of "maintenance" set forth in 8 C.F.R. § 16000, including exceptions thereto, will apply for purposes of determining the applicability of prevailing wage requirements.

MASTER AGREEMENT. A contract for goods or services to be provided on an "as-needed" or task order basis, with a total compensation stated as a not-to-exceed amount.

PROCUREMENT POLICIES AND PROCEDURES. The administrative procurement policies and procedures established and maintained by the Purchasing Agent to supplement and implement the provisions of this subchapter and applicable laws, which may be updated as needed to reflect changes in laws and evolving best practices and city needs.

PROFESSIONAL SERVICES. Services that require a professional license, degree, certification, or high level of technical skill, including, but not limited to, economic and financial services, legal services, actuary services, psychological services, medical services, claims consultant services, insurance services, internet and related technology services, consultant and expert services for litigation, architectural services, landscape architectural services, engineering services, environmental project development and permit processing services, land surveying services, and construction project management services.

PUBLIC WORKS. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any city owned, leased, or operated facility, including (1) painting or repainting of any city owned, leased, or operated facility; (2) for a city-owned utility system, "public works" only includes the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher; and (3) for purposes of this definition, "facility" means any plant, building, structure, ground facility, utility system, or other public work improvement. However, the definition of "public works" set forth in Labor Code § 1720 et seq., including exceptions thereto, will apply for purposes of determining the applicability of prevailing wage requirements.

PURCHASING AGENT. The City Manager or his or her designee, as specified in § 39.37(B).

QUALIFIED CONTRACTORS LIST. A list of preapproved contractors that the Purchasing Agent may elect to create, maintain, and update on an annual basis for informal bidding for public works contracts.

RESPONSIBLE BIDDER. A bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to perform the public works project to the city's satisfaction.

SERVICES. Intangible products or assistance, including, but not limited to, public works services, maintenance services, and professional services.

VENDORS LIST. A list of preapproved vendors that the Purchasing Agent may elect to create, maintain, and update annual on an annual basis for competitive procurement, including informal bidding for goods or services (other than public works services). (B) Purchasing Agent. The City Manager is the Purchasing Agent for the city. The City Manager may delegate, in whole or in part, any of the powers and functions of Purchasing Agent to the Director of Finance or to any other officer or employee of the city, subject to the limits of the delegee's purchasing authority as set forth in § 39.39 and subject to the terms and condition of the written delegation of authority.

(1) Authority. The Purchasing Agent has the following authority and duties:

(a) Purchase or contract. To purchase or contract for goods and services required by the city, provided those expenditures have been authorized in the city budget or by other action of the Council.

(b) Minimum expenditures. To procure the needed quality of goods and services at the least expense to the city;

(c) Encourage competition. To encourage full and fair competition as appropriate to ensure the best value for the city;

(d) Purchasing analysis. To keep informed of current developments in purchasing, prices, market conditions, and new products;

(e) Forms. To prescribe and maintain such forms as are reasonably necessary to the operation of the provisions of this subchapter; and

(f) Inspection and testing of purchases. To ensure the inspection of all goods and services purchased or contracted for to ensure conformance with the required specifications or scope of services, including authority to require chemical and physical tests of samples to determine quality and conformance with specifications.

(2) Cooperative purchasing. The Purchasing Agent is authorized to join with other governmental agencies in cooperative purchasing plans when the best interests of the city would be served thereby.

(3) Exemptions from centralized purchasing. The Purchasing Agent may authorize any department to purchase or contract for specified goods independently of the Purchasing Agent, provided that such purchases or contracts comply with the procedures established by this subchapter, and subject to any other conditions the Purchasing Agent may require for the specific authorization, including periodic reports.

(4) Alternative procurement procedures. The Purchasing Agent may use alternative procurement methods as provided in this subchapter.

(5) Brand preference. The Purchasing Agent is authorized to make a determination pursuant to § 3400(c) of the Public Contract Code that a particular material, product, thing, or service may be designated by brand or trade name in an invitation for bids or request for proposals for one of the permitted reasons provided in Public Contract Code § 3400(c).

(6) Protests. It is in the city's best interest to ensure that protests arising from a competitive procurement process are resolved fairly and efficiently, and without delay to the city's operations or projects. The Purchasing Agent is authorized to establish written protest procedures in consultation with the City Attorney, which may be included in the bid documents or request for proposals. The Purchasing Agent or his or her designee, acting in consultation with the City Attorney, is authorized to investigate and make a determination on a protest consistent with applicable laws.

(C) Determination of responsibility. A bidder may not be disqualified on grounds that it is not a responsible bidder without the minimum due process hearing required under laws, including the opportunity to present and rebut evidence bearing on responsibility in relation to the subject procurement. Determination of whether a bidder is responsible in relation to a specific procurement may include consideration of evidence pertaining to any of the following:

• (1) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

• (2) Whether the bidder has the facilities to perform the contract or provide the service promptly, or within the time specified, without delay or interference;

• (3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

• (4) The bidder's record of performance of previous contracts or services;

• (5) The bidder's past and current compliance with laws relating to the contract or service;

• (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service within the allocated time;

• (7) The quality, availability, and adaptability of the equipment, materials, supplies, or services to the particular use required;

• (8) The ability of the bidder to provide future maintenance and service; and

• (9) The nature and scope of the conditions or exceptions attached to the bid.

• (D) Written contracts. All contracts entered into by the city pursuant to this subchapter must be in writing, drafted or approved by the City Attorney pursuant to Charter Section 608, and must be executed by the Purchasing Agent or other duly authorized officer or employee of the city in accordance with § 31.04 (Contracts, Conveyances, and Other Transactions), and as may be specified in the Procurement Policies and Procedures.

(1) All contracts must require the contracting party, to the maximum extent allowed by law (and subject to the limitations of Cal. Civil Code §§ 2782 and 2782.8, if applicable), to defend, indemnify, and hold harmless the city, its officers, officials, employees, and agents upon the terms specified by the city to cover all damages and loss related to the work, services or goods provided pursuant to the contract.

s must require the contracting party, to the maximum extent allowed by law (and subject to the limitations of Cal. Civil Code §§ 2782 and 2782.8, if applicable), to defend, indemnify, and hold harmless the city, its officers, officials, employees, and agents upon the terms specified by the city to cover all damages and loss related to the work, services or goods provided pursuant to the contract.

(2) All contracts must require the contracting party to obtain and maintain the insurance coverage specified by the city, including additional-insured endorsements, as required, to protect the city, its officers, officials, employees, and agents from damages and loss related to the work, services or goods provided pursuant to the contract.

(3) All contracts must require the contracting party to obtain and maintain all licenses or permits required by laws to provide the goods or services.

(E) Liability limitations. The city is not liable for payment or other obligation for a contract or purchase that was made without compliance with laws. No provision of this subchapter will be deemed to impose a mandatory duty for the city or any of its officers, officials, employees, boards or council to enforce the requirements of this subchapter. The procedures in this subchapter are for the city's sole and exclusive benefit. The city's failure to follow or enforce the provisions of this subchapter in any instance does not constitute a waiver of any of this subchapter's requirements or the city's right of enforcement.

(F) Rejection of bids. The Purchasing Agent is authorized to reject any or all bids, quotes, or proposals when the public interest would be served by the rejection, subject to the limits of laws.

(G) Authority to approve contracts. All contracts in the amount of $100,000 or more require Council approval.

(1) The Purchasing Agent is authorized, without Council approval, to approve and award a contract for an amount less than $100,000.

(2) The Purchasing Agent is authorized to delegate to another employee or officer of the city, in writing, authority to approve a contract in an amount of $10,000 or less.

(‘63 Code, § 2-6.04)

(Ord. 2849, passed 10-4-60; Am. Ord. 353-C.S., passed 11-3-81; Am. Ord. 451-C.S., passed 9-15-86; Am. Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3-19)

Public works services must be procured under this section and applicable laws. For purposes of complying with Charter Section 710 (Public Works), contracts for city improvements which are estimated to cost more than $15,000, but less than $100,000 are deemed to be "authorized by the Council to be made directly by a city department in conformity with detailed plans, specifications and estimates," if such contracts are procured in compliance with this section and the Procurement Policies and Procedures, and approved by the Purchasing Agent.

(A) Prequalification and statements of qualification.

(1) For any public works contract subject to informal bidding or formal bidding, the Purchasing Agent or his or her designee may elect to require all bidders to prequalify, using prequalification procedures that substantially conform to the requirements of Public Contract Code § 20101, as may be further specified in the Procurement Policies and Procedures, including, but not limited to, (a) required submission of a financial statement and standardized prequalification questionnaire that is generally consistent with the current guidelines and model forms provided by the DIR; (b) use of a uniform system of rating prospective bidders based on objective criteria; and (c) inclusion of an appeal process that enables a prospective bidder to dispute its rating prior to the bid deadline, as further specified in Public Contract Code § 20101.

(2) Alternatively, an invitation for bids issued for informal bidding or formal bidding may require submission of a signed statement of qualifications which may be used to evaluate whether a bidder is a responsible bidder as further specified in § 39.37(C) (Determination of responsibility).

(B) Bid thresholds and requirements. The bid thresholds established pursuant to the Uniform Public Construction Cost Accounting Act and set forth in Public Contract Code § 22032, as amended from time to time, will apply to determine the applicable bidding requirements as follows:

(1) Public works projects that are estimated to cost up to and including the amount set forth in Public Contract Code § 22032(a), currently $60,000, may be performed by (a) city employees, (b) force account, (c) negotiated contract, or (d) as otherwise specified in the Procurement Policies and Procedures.

(2) Public works projects that are estimated to cost more than the amount set forth in Public Contract Code § 22032(a) (currently $60,000), but no more than the maximum amount set forth in Public Contract Code § 22032(b), currently $200,000, may be awarded pursuant to informal bidding.

(3) Public works projects that are estimated to cost more than the amount set forth in Public Contract Code § 22032(c), currently $200,000, must be awarded pursuant to formal bidding.

(4) The bid threshold amounts set forth above will be deemed modified to align with future increases to the corresponding amounts set forth in Public Contract Code § 22032.

(C) Informal bidding. Contracts subject to informal bidding, as set forth above, will be procured in accordance with the following requirements, and as may be further specified in the Procurement Policies and Procedures:

(1) Minimum number of bids. The notice inviting informal bids will be sent by mail or email to at least three qualified bidders, whenever possible, which may include contractors on the Qualified Contractors List.

(2) Bids in excess of informal bidding amount. If all bids received are in excess of threshold amount for informal bidding the Council may award the contract to the responsible bidder that submitted the lowest responsive bid, if the Council determines that the cost estimate used as the basis for using informal bidding was reasonable.

(D) Formal bidding. The notice inviting bids for contracts subject to formal bidding, as set forth above, will be published as specified in the Procurement Policies and Procedures, and will be subject to the provisions of subsection (E), below.

(E) Requirements for informal and formal bidding. Public works procurements using informal bidding or formal bidding are subject to the following provisions and as further specified in the Procurement Policies and Procedures and subsection (F), below:

(1) Notice inviting bids. The notice inviting bids will be prepared using the form approved by the Purchasing Agent, and must generally describe the proposed project, describe how to obtain more detailed information, state the time and place for bid submission, and provide such other information required by laws. For formal bids, the bid documents must require submission of bid security in the amount of 10% of the maximum bid price, as further specified in the Procurement Policies and Procedures.

(2) Prequalified contractors. If the city chooses to prequalify contractors, the notice inviting bids will only be sent to prequalified contractors pursuant to subsection (A), above.

(3) Notice required. Notice to prospective bidders must be provided in the manner required by the Procurement Policies and Procedures for informal bidding or formal bidding, as applicable.

• (4) Bid opening procedure — informal bids.

(a) Submittal. Bids will be submitted to the purchasing agent or his or her designee by the time stated in the notice inviting bids. For contracts subject to prevailing wage requirements, the bidding instructions must require that the bidder's DIR registration number be submitted with the bid, and city staff will check online to confirm that the bidder is currently registered with the DIR before opening the bid. Bids that are submitted after the stated deadline for bid submission, or bids for which staff determines that the bidder lacks the required DIR registration will be returned.

• (b) Opening. Bids will be opened at the time stated in the notice inviting bids.

• (5) Bid opening procedure — formal bids.

(a) Sealed bids. Bids must be submitted to the Purchasing Agent or his or her designee in sealed envelopes, each identified as a bid on the envelope. For contracts subject to prevailing wage requirements, the bidding instructions must require that the bidder's DIR registration number be included on the outside of the envelope, and city staff will check online to confirm that the bidder is currently registered with the DIR before opening the bid. Bids that are submitted after the stated deadline for bid submission, or bids for which staff determines that the bidder lacks the required DIR registration will be returned unopened.

(b) Opening. Bids will be opened in public at the time and place stated in the notice inviting bids.

(6) Basis for award. The contract will be awarded, if at all, to the responsible bidder that submits the lowest responsive bid.

(F) Bid security and bonds. For formal bids, each bid must be accompanied by bid security in the amount of 10% of the maximum bid price (including additive alternates, if applicable), in the form of cash or as a cashier's check, certified check, or bid bond payable to the city. For any public works contract over $60,000, the successful bidder will be required to provide a payment bond and a performance bond, each for an amount equal to 100% of the contract price, as a condition to performing any work on the project. Any bond submitted pursuant to this subsection must be issued by a bond surety that is admitted in California and on a bond form approved by the Purchasing Agent.

(G) Change orders. For purposes of complying with Charter Section 710 (Public Works), change orders affecting the scope of work, time requirements, cost, or other substantive provisions affecting the city's interest are deemed to be approved by the Council, provided the City Manager recommends the change order, and (1) the change order cost falls within the change order contingency previously approved for the contract, or (2) the change order cost does not exceed the Purchasing Agent's approval authority.

(H) Alternative procurement methods authorized. Subject to authorization by the Council and the limitations of laws, the city may use an alternative procurement method for bidding on public works in excess of $1,000,000. Alternative procurement methods may include design-build, design-build-operate, construction-manager-at-risk, lease-leaseback, or any other procurement methodology specifically approved by the Council and determined to be in the city's best interests. The Purchasing Agent is expressly authorized to consider award on the basis of "best value," which may be based on objective criteria that may include, but not be limited to, price, features, functions, life-cycle costs, experience, and past performance.

(I) Task order contract. A Master Agreement for performing minor improvements and repairs on a task order basis, including pothole, sidewalk, or utility pole repairs, may be awarded subject to the same competitive procurement requirements that apply to any other public works contract, as may be further specified in the Procurement Policies and Procedures.

(Am. Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3- 19; Am. Ord. 899-C.S., passed 3-17-20)

Goods will be procured pursuant to this subsection and pursuant to the Procurement Policies and Procedures.

(A) Estimated value of $10,000 or less. Goods with an estimated dollar value of $10,000 or less may be procured through a negotiated written purchase order, and as otherwise specified in the Procurement Policies and Procedures. The Purchasing Agent may negotiate with vendors on the Vendors' List, if established.

(B) Request for quotes. Goods with an estimated value over $10,000 and up to $100,000 may be procured by a request for quotes as specified in the Procurement Policies and Procedures, and in accordance with the following requirements:

(1) Contents. The request for quotes will describe the required goods in sufficient detail to ensure fair comparisons (including, but not limited to, size, performance criteria, standards, shipping costs, time for delivery, and warranty requirements), describe how to obtain more detailed information, and state the time and manner for submitting quotes and any required supporting documentation. The request will also describe required contract provisions or attach the required form of contract.

(2) Issuance. The request for quotes must be issued to vendors listed in the Vendors List, if established and applicable.

(3) Minimum number of quotes. Whenever possible, purchases will be based on procurement of at least three quotes.

(4) Form of response. Quotes must be in writing and may be submitted by mail, by fax, or electronically, as specified in the request for quotes.

(5) Award. The contract will be awarded, if at all, based on the lowest responsive quote, factoring in shipping and handling costs, and subject to local preference if applicable.

(C) Competitive procurement by informal bidding. Goods with an estimated value exceeding $100,000 will be procured by informal bidding as specified in the Procurement Policies and Procedures, and the contract awarded, if at all, based on the lowest responsive bid, factoring in shipping and handling costs, and subject to local preference if applicable.

(D) Term. Pursuant to Charter Section 711 (Terms of Contracts), no contract for equipment, materials, or supplies will be made for a term in excess of one year, with the exception of contracts for utilities where the rates are regulated by state or federal laws, or as approved by the Council for public works improvements.

(E) Used goods. Used equipment, materials, or supplies may be procured at the discretion of the Purchasing Agent or his or her designee, when in the best interest of the city, and as may be further specified in the Procurement Policies and Procedures.

(F) Local preference. Pursuant to Charter Section 709 (Purchasing), for materials, supplies, and equipment obtained pursuant to a competitive procurement process, a preference of up to 5% may be applied as may be further specified in the Procurement Policies and Procedures.

(G) Reports required. In the event that any goods are procured without substantial compliance with the procedures set forth in this subsection, a full report of the circumstances will be submitted in writing by the department head to the Purchasing Agent, filed with the Council, and entered in the minutes of the Council for public inspection.

(H) Master Agreement purchases. A Master Agreement for ongoing or recurrent purchases of goods, may be awarded subject to the same competitive procurement requirements that apply to any other contract for goods, as may be further specified in the Procurement Policies and Procedures.

(Am. Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3-19)

(A) Criteria. Contracts for services may be awarded based on criteria including, but not limited to, price, rates, demonstrated competence, and the experience and qualifications necessary for the satisfactory performance of the services required. In selecting an individual or firm to provide required services, any of the following may be considered:

(1) Experience on similar projects or providing similar services and record of performance on previous contracts.

(2) The character, integrity, reputation, judgment, experience, and efficiency of the firm, and personnel proposed to provide the services.

• (3) The ability, capacity, and skill to perform the services.

• (4) The proposed approach to complete the necessary elements of the required services.

• (5) The proposed lump sum fee and/or rate schedule for providing the services.

(B) Vendors List. Service contracts estimated to cost over $60,000 and up to $200,000 may be procured from qualified service providers on the Vendors List, if established, in accordance with informal competitive procurement procedures that may be provided in the Procurement Policies and Procedures. If no Vendors List is established or if there are insufficient qualified service providers for the required services on the Vendors List, the services will be procured by a request for proposals or request for qualifications, as may be further specified in the Procurement Policies and Procedures.

(C) Competitive procurement of services. Service contracts estimated to cost in excess of $200,000 will be procured by (1) request for proposals for service contracts based on a defined project, or (2) by request for qualifications for service contracts for ongoing or on-call services, or by a combination of both methods, as may be further specified in the Procurement Policies and Procedures.

(D) "Architectural and engineering services." Notwithstanding any provision to the contrary in this subchapter, all contracts for "architectural and engineering services," which is defined in Cal. Government Code § 4529.10 to include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services, will be procured pursuant to a fair, competitive selection process as specified in Cal. Government Code § 4529.12, and as may be further specified in the Procurement Policies and Procedures.

(E) Professional services. For professional service contracts other than for "architectural and engineering services," as defined above, that will be (1) less than $100,000, and (2) can be provided by a well-qualified local business, the Purchasing Agent, or designated department may negotiate with a local business for the services subject to prior approval from the Council.

(F) Grant funded projects. Notwithstanding any provision to the contrary in this subchapter, alternate procurement procedures that are more restrictive may be used to comply with conditions applicable to grant funding.

(G) Master Agreement for services. A Master Agreement for performing ongoing or on-call services, may be awarded subject to the same competitive procurement requirements that generally apply to contracts for the underlying services, as may be further specified in the Procurement Policies and Procedures.

(‘63 Code, § 2-6.16) (Ord. 451-C.S., passed 9-15-86; Am. Ord. 690-C.S., passed 5-17-05; Am. Ord. 822-C.S., passed 11-3-15; Am. Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3-19)

Notwithstanding any other provision in this chapter to the contrary, but subject to the limits of laws, the following procurements may be made without any competitive procurement process.

(A) Sole source. A purchase may be made or contract awarded without a competitive procurement process when there is only one reasonable and practicable source for the required goods or services because of the unique quality of the goods or services; availability; compatibility with existing city programs, equipment or systems; or fitness for a particular use. Such a sole source purchase must be determined to meet the Procurement Policies and Procedures and be recommended for approval by the Purchasing Agent and be approved by the Council.

(B) City's best interest. Except where otherwise required by laws or by applicable funding conditions, goods and services may be obtained by negotiated contract and without a competitive procurement process, when the Council determines that, due to the nature of the goods or services, (1) a competitive procurement process is not likely to serve the best interests of the city or to result in the lowest price, or (2) there is a less expensive alterative (e.g. state contract, used equipment, etc.) that will serve the city equally as well.

(C) Emergencies. Notwithstanding any other provisions of this subchapter, upon determining that an emergency exists, as defined above, the Council or City Manager may dispense with otherwise applicable competitive procurement procedures to authorize a procurement necessary to address, avoid, or ameliorate the circumstances creating the emergency or the resulting damage or potential damage. An emergency procurement will be limited in scope and duration to the extent necessary to satisfy the emergency need. The City Manager must report to the Council any emergency purchase made and the basis therefor at the next Council meeting following the emergency procurement.

(D) Urgent purchases. The Purchasing Agent may authorize immediate purchases of goods or services up to $30,000, without compliance with otherwise applicable competitive procurement procedures, for goods or services that are required on an urgent

basis based on unforeseen and unforeseeable circumstances, if the Purchasing Agent determines that the time required for the applicable competitive procurement would outweigh the potential benefits under the specific circumstances. A procurement made on an urgent basis will be documented as specified in the Procurement Policies and Procedures. Lack of planning or reasonable foresight will not constitute justification for an urgent purchase.

ircumstances, if the Purchasing Agent determines that the time required for the applicable competitive procurement would outweigh the potential benefits under the specific circumstances. A procurement made on an urgent basis will be documented as specified in the Procurement Policies and Procedures. Lack of planning or reasonable foresight will not constitute justification for an urgent purchase.

(E) Purchases not susceptible to competitive bidding process. Except where otherwise required by laws or by applicable funding conditions, goods and services may be procured by negotiated contract and without a competitive procurement process, for procurements which are not readily adaptable to the open market and bidding processes. Such procurements include, but are not limited to: (1) utility services (telephone, gas, water, sewer and electricity) provided to city buildings and facilities, (2) franchises awarded by the Council, (3) insurance or bond premiums, and (4) subscriptions, memberships, software licenses, advertisements and travel expenses.

(F) Miscellaneous. Use of a competitive procurement process may be dispensed with if it would be impossible, impractical, or incongruous or when the amount involved is less than $5,000.

(G) Other. Competitive procurement processes may be dispensed with in accordance with any other section of the city Charter or this chapter that provides such an exemption, or by approval of the Council in accordance with laws. (Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3-19)

(A) Estimate of requirements. All offices, boards, and commissions must file detailed requisitions or estimates of their requirements for procurements of goods or services in such manner, at such times, and for such future periods as the Purchasing Agent prescribes. Such requisitions and estimates must be filed with the Purchasing Agent on such forms as he or she prescribes. (B) Encumbrance of funds. Except in cases of emergency when necessary for the protection of the public peace, health, safety, welfare, property, or interests of the city or general public, the Purchasing Agent must not issue any purchase order for goods or services unless there exists in the account against which the purchase is to be charged a sufficient unencumbered appropriation balance in excess of all unpaid obligations to pay for the purchase.

(C) Surplus supplies and equipment. All offices, boards, and commissions must submit to the Purchasing Agent, at such time and in such forms as he or she prescribes, reports showing all equipment, materials, and supplies which are no longer used or which have become obsolete, worn out, or scrapped. The Purchasing Agent has the authority to sell all equipment, materials, and supplies which have become unsuitable for public use or to exchange the same for, or trade in the same on, new equipment, materials, and supplies.

(‘63 Code, §§ 2-6.12, 2-6.14, 2-6.17) (Ord. 2849, passed 10-4-60; Am. Ord. 451-C.S., passed 9-15-86; Am. Ord. 555-C.S., passed 5-20-93; Am. Ord. 822-C.S., passed 11-3-15; Am. Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3-19)

PREVAILING WAGES

Contracts for public works construction projects valued in excess of $25,000, and contracts for alteration, demolition, repair or maintenance projects valued in excess of $15,000, shall require payment of prevailing wages in accordance with the requirements of the California Labor Code.

(Ord. 806-C.S., passed 11-4-14; Am. Ord. 892-C.S., passed 12-3-19)