Goleta Municipal Code Art. II Supplies, General Services and Equipment

Quality and service being equal, a local preference of up to five percent may be given to local vendors located within the City of Goleta at the discretion of the Purchasing Officer.

Except as authorized in Section 3.05.150, or in the case of urgencies as described in Section 3.05.120, the purchase of supplies, general services, equipment and special equipment/supplies, not included in the construction contract or bid specification for a Public Project, shall be made as follows:

A. Departmental Purchases. A department may purchase supplies, equipment, special equipment/supplies and general services independently of the Purchasing Officer of a value up to $10,000.00, provided such department keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items.

1. For purchases up to $2,500.00, the approval of the Department Director or designee is required. No bids are required.

2. All purchases over $2,500.00 require a purchase order or written contract. Purchases over $2,500.00 and up to $10,000.00 require approval by the Department Director and the Purchasing Officer or their designee. Three informal quotes are required for all purchases over $2,500.00 and up to $10,000.00.

B. City Manager Purchases. Purchases for supplies, equipment or general services for an amount over $10,000.00 and up to $45,000.00, must be approved by the City Manager. Three informal written bids must be obtained based on written specifications.

The Purchasing Officer, or designee, shall award the purchase contract to the lowest responsive and responsible bidder, vendor or offerer whose quote, bid, or proposal fulfills the purpose intended, or reject such bids or proposals, or negotiate further for more acceptable terms to the City.

C. Informal Bid Procedures. Purchases for supplies, general services or equipment with an estimated value over $45,000.00, but less than $125,000.00, shall be made on an informal written bidding procedure as follows:

1. Ten-Day Notice. Notices inviting informal bids shall be posted at least 10 calendar days before the due date of submission of bids to all firms or suppliers on the bidder's list for the category of equipment, supplies, or general services being bid, and to such other vendors as the Purchasing Officer deems appropriate. Such notice shall be posted on a public bulletin board at City Hall and on the City of Goleta website.

2. Notice Contents. Except as authorized by Section 3.05.200, the notice shall at least describe the supply, general service, or equipment needed in general and generic terms, any required bidder's security or performance bonds, how special bid specifications can be obtained, required sealed bids, state the closing date, place, and time for submission of informal bids.

3. Bid and Performance Bonds. The City may require bidder's security equal to 10% of the bid amount and/or a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City requires either or both of such security and bond, the form and amount of the security and bond shall be described in the notice inviting bid.

4. Bidder's Security/Failure to Sign Contract. If the City requires a bidder's bond or other form of security, the bidder's security shall be prescribed in the notice inviting bids in an amount equal to 10% of the amount bid. Bidder's security shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within 60 days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of his or her bid security, as may be determined by the City Council, upon the bidder's failure or refusal to comply with the purchase order, or to execute a written contract within 10 days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the Council may award the contract to the next lowest responsible bidder.

5. Bid Opening Procedure. Sealed bids shall be submitted as described in the notice inviting bids. Bids shall be opened at the time and place stated in the notice inviting bids. A record and tabulation shall be made at that time of all bids received and then opened.

6. Bid Evaluation Procedure. All bids shall be analyzed by the Department for compliance with bid specifications, and the Department shall prepare an analysis of the bid process for submittal to the City Council. The Department shall then prepare a recommendation to Council for award or rejection of bid.

7. No Bids Received. In the event no bids are received, the Department Director requesting the purchase shall have the option of any of the following:

a. Abandoning the purchase;

b. Rebidding the purchase on an informal basis; or

c. The Department Director may request the City Council to allow the obtaining of the item, supply, service or equipment on a direct negotiated contract basis.

8. Rebidding. If the Purchasing Officer determines bids are unacceptably high, or specifications were misleading, the Purchasing Officer may reject any bids presented and the item may be rebid.

9. Award. The City Council shall reject all bids or award the purchase contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation and the contract award amount is within the unencumbered appropriation for that item. The Council may waive any minor bid irregularities. If all bids received are $125,000.00 or over, the City Council may, by a four-fifths vote, award the bid to the lowest responsible bidder whose bid is no greater than $137,500.00 if it determines the cost estimate of the public agency was reasonable. If bids are rejected, Council may seek a new bid or instruct that the purchase be made on a direct negotiated contract basis.

D. Formal Bid Procedures. For supplies, general services, or equipment with an estimated value of $125,000.00 and over, purchases shall be made in accordance with the following formal written bid procedures:

1. Published Notices. A notice inviting bids shall be published at least 14 calendar days before the date of the opening of bids. The notice shall be published at least once in a newspaper of general circulation printed and published in the City, and also in appropriate trade publications, if any, circulated within the general area. Such other notice as the Purchasing Officer deems appropriate may be made, such as posting on a public bulletin board at City Hall and on the City of Goleta website.

a. Notices Inviting Bids. Notices inviting bids shall include a general description of the goods, articles, services or equipment to be purchased, state where bid blanks and specifications may be secured and the time and place for the opening of bids;

b. Bidder's List. The departments shall maintain lists of responsible bidders for various categories of supplies or equipment. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for the category of equipment, supplies or general services subject to the bid request.

2. Bidder's Security/Failure to Sign Contract. If the City requires a bidder's bond or other form of security, the bidder's security shall be prescribed in the notice inviting bids in an amount equal to 10% of the amount bid. Bidder's security shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within 60 days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of his or her bid security, as may be determined by the City Council, upon the bidder's refusal or failure to execute the contract within 10 days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the Council may award the contract to the next lowest responsible bidder.

3. Bid Opening Procedure. Sealed bids shall be submitted as described in the notice inviting bids. Bids shall be opened by City staff at the time and place stated in the notice inviting bids. A record and tabulation shall be made at the time of all bids received and shall be open for public inspection during regular business hours for a period of two years after the bid opening.

4. Bid Evaluation Procedures. Quality and service being equal, a local preference of up to five percent may be given to local vendors located within the City of Goleta at the discretion of the Purchasing Officer or designee. All bids shall be analyzed by the Department for compliance with bid specifications. The Department shall prepare a recommendation for award or rejection to the City Council.

5. Rejection of Bids. If the City Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, the Council may reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract.

6. Award of Contracts. Contracts shall be awarded by the Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the solicitation, and, provided the award amount is within the unencumbered appropriation for that item. The Council may waive any minor bid irregularities.

7. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the Council may accept either bid or accept the lowest bid made by negotiation with the tied bidders.

8. Performance Bonds. The City may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

A. Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the Purchasing Officer or department head may:

1. Limit bidding to a specific product type, or a brand name product; or

2. Utilize a request for proposal approach where warranties, servicing obligations, and product performance will be evaluated in addition to the price of the product, and the award of the contract is made by the Council to the proposer it deems is in the best public interest.

B. Sole Source Purchases. Commodities or services that can be obtained from only one vendor or one distributor authorized to sell in the Santa Barbara County area, are exempt from the competitive bidding requirements in Section 3.05.080 and are deemed sole source purchases. Sole source purchases may include proprietary items sold direct from the manufacturer.

All sole source purchases shall be supported by written documentation indicating the facts and nature supporting the determination of a sole source, signed by the appropriate department head and forwarded to the Purchasing Officer.

The Purchasing Officer shall make the final determination to award sole source purchases based on the documentation submitted.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

A. The bidding requirements of Section 3.05.080 shall not apply to the purchasing of any supplies, general services, or equipment and special equipment/supplies which the Purchasing Officer decides to obtain through a cooperative competitive bidding procedure, being prepared by and processed through another local, State, or Federal governmental agency. If the Purchasing Officer determines it to be in the best interest of the City, the Purchasing Officer is authorized to "piggy-back" onto or join into an existing written purchase contract, which contract was obtained through a competitive bidding process prepared by and awarded by another local, State or Federal government agency. Approval of a "piggy-back" or cooperative purchase shall be obtained from City Council for an award of a purchase over $45,000.00.

B. Multiple Awarded Bids. Multiple awarded bids are generally conducted by larger government agencies. A competitive bidding process is conducted for a specified product. Several vendors whose product meets the specification are awarded the contract. Maximum item price and contract terms are established. If the Purchasing Officer determines it to be in the City's best interest, the Purchasing Officer is authorized to use Federal, State or other government agency multiple awarded contracts. Staff must obtain quotes from at least three vendors on the list and award the bid to the lowest responsive and responsible bidder. Approval shall be obtained from City Council of purchases over $45,000.00.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

If in procuring supplies a recycled, energy efficient or environmentally friendly product can achieve the necessary City performance standard, and if such recycled product is readily available, specifications should, if economically feasible, require products made with recycled, energy efficient or environmentally friendly materials be bid. If the department director determines that: (1) a recycled, energy efficient or environmentally friendly product lacks performance capabilities or needed quality levels; or (2) a sufficient amount of said product is not currently available in the market, then a reduced percentage can be required, or the supply specification can be limited to non-recycled, non-energy efficient or non-environmentally friendly materials.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

The bidding procedures of Section 3.05.080 may be dispensed with in the case of urgency. Urgency shall exist when the service, repair, or replacements are immediately necessary to permit the continued performance of the operations or services of the City, or to avoid the immediate danger to life, health, or property. The City Council delegates the City Manager to determine when a public urgency exists and any purchases in excess of $45,000 are subject to confirmation by the City Council at its next meeting.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

The Purchasing Officer or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. The Purchasing Officer, at his or her discretion, may require such chemical and physical tests of samples of supplies and equipment as he or she deems necessary to determine the quality in conformance with those specifications.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

Purchases shall not be knowingly staged or separated into smaller units or segments for the purpose of evading the competitive formal or informal bidding requirements of this chapter.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)

A. General services shall be procured either through the bid process outlined in Section 3.05.080 with the emphasis on awarding to the "lowest responsible responsive bidder" or through the Request for Proposal process outlined in Section 3.05.260 with emphasis on factors other than price.

B. Factors to Consider. If it is determined that all vendors providing a service classification can equally provide the service satisfactorily, then a bid process would be appropriate. However, if other factors other than price need to be considered in awarding the contract, the request for proposal process would be appropriate. Examples of areas other than price that may be important in awarding the contract include experience level, competence, resources/equipment, staffing levels, and services available/time factors. Other qualifications and procedures for selecting such services may be determined by each City department responsible for recommending the service contract.

(Ord. 09-12 § 3; Ord. 20-06 § 1; Ord. No. 24-07, 12/17/2024)