§ 39.37 GENERAL PROVISIONS.

(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)