Chapter 2.55 — PURCHASING AND CONTRACTS

A purchasing system is hereby adopted in order to establish efficient procedures for the procurement of services, supplies and equipment at the lowest possible cost commensurate with the level of quality

required, and to exercise financial control over purchases. This chapter is adopted in accordance with California Government Code Sections 54201 through 54205. (Ord. No. 21-2, § 1, 2-16-21)

For the purposes of this chapter, the words set out in this section shall have the following meanings: A. "Act" means the Uniform Public Construction Cost Accounting Act (California Public Contracts Code Section 22000 et seq.). B. "Commission" means the California Uniform Construction Cost Accounting Commission. C. "Consultant or professional services" means the services rendered by architects, attorneys, engineers, doctors, financial consultants, planning or environmental consultants, investment advisors, bank or trustee officers, and other professional or specialized consultants. D. "Contract" means any agreement to do or not do a certain thing. For the purposes of this chapter, "contract" and "agreement" are synonymous. The term "contract" includes, but is not limited to, a purchase order; a contract for services; any addendum to the contract or change order to an executed contract; or a letter of agreement. E. "Force account" is a term used by the Uniform Construction Cost Accounting Procedures meaning an account which is used to account for work performed on public projects using internal resources, including but not limited to, labor, equipment, materials, supplies, and subcontracts of the public agency. F. "Emergency" means 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. G. "General services" means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following: 1.

Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, HVAC maintenance; elevator maintenance, custodial services and pest control, etc.; 2. Repair, modification and maintenance of city equipment and software; 3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipment; 4. Replanting, care or maintenance of public grounds, including, but not limited to, maintenance of trees, shrubbery, flowers, and lawns; 5. Providing temporary personnel services through an agency; 6. Providing other miscellaneous services to facilitate city operations; 7. Performing repair, demolition or other work required to abate nuisances under this code; 8. Licensing software services; 9. Leasing or rental of equipment (personal property) for use by the city; 10. Maintenance of equipment owned or leased by the city.  "General services" does not include consultant or professional services, or work associated with a public project. H. "Goods of a technical nature" means hardware, software, or communications equipment, or any item that is substantially similar to the foregoing as determined by the Purchasing Agent. I.

"Public project" shall have the meaning given that term by California Public Contract Code Section 20161 and the Uniform Construction Cost Accounting Procedures ("UCCAP") set forth in the Uniform Public Construction Cost Account Act ("The Act") and referenced in Section 2.55.160. J. "Supplies and equipment" means and includes tangible goods, supplies, equipment, vehicles, printing, materials, and furniture and furnishings purchased on behalf of the city. (Ord. No. 21-2, § 1, 2-16-21)

City Council approval is required for all contracts and purchases unless otherwise specified by this chapter or code, or by another provision of federal or state law. (Ord. No. 21-2, § 1, 2-16-21)

The City Manager is designated as Purchasing Agent. The Purchasing Agent may delegate all or a portion of the contracting or purchasing duties to any city staff member. The Purchasing Agent shall have the authority to: A. Contract for or procure consultant or professional services, general services, supplies and equipment required by the city, in accordance with purchasing procedures outlined in this chapter; B. Negotiate and recommend execution of contracts for the purchase of consultant or professional services, general services, supplies and equipment; C. Act to procure for the city the necessary quality in consultant or professional services, general services, supplies and equipment at the lowest cost to the city; D. Establish and maintain such administrative procedures as are reasonably necessary for the operation of this chapter; E. Pursuant to Section 2.55.150, arrange the sale or disposal of all supplies and equipment which cannot be used by the city, or which have become unsuitable for city use; F.

Join with other governmental agencies in joint purchasing endeavors where the purchasing procedures conform to the provisions of this chapter and state law. (Ord. No. 21-2, § 1, 2-16-21)

($60,000.00). A. The Purchasing Agent is authorized to enter into a contract on behalf of the city and approve a purchase by the city without the prior approval of the City Council, so long as the contract or purchase satisfies each of the following conditions: 1. The total cost is less than sixty thousand dollars ($60,000.00). 2. The monies have been appropriated in a Budget duly adopted by the City Council and there is an unexpended unencumbered balance of such appropriation sufficient to pay the expense of the contract, and the appropriate procurement procedures have been followed. 3. The contract or purchase is for consultant or professional services, general services, supplies, equipment or public project. B. In an emergency the Purchasing Agent may authorize the expenditure of any unencumbered monies, notwithstanding the fact that such monies may not have been appropriated for such purpose, to the extent that said emergency funds are available and can be legally spent for the purchase and/or contract. 1. If the emergency expenditure is pursuant to an emergency declared by the Federal government and for which the City may receive Federal grant funds, the Purchasing Agent shall comply with applicable procurement standards in the Code of Federal Regulations, title 2, Part 200. 2. Further, a public project that is an emergency shall also comply with California Public Contract Code Chapter sections 22035 and 22050. (Ord. No. 21-2, § 1, 2-16-21)

The following factors shall be considered in determining the responsiveness of potential contracts and purchases and the responsibility of vendors and bidders in accordance with applicable law: A. The amount of the contract or the purchase price; B. The ability, capacity and skill of the bidder or vendor to perform the contract or provide the service required; C. The ability of the bidder or vendor to perform the contract or provide the service promptly, or within the time specified, without delay or interference; D. The reputation and experience of the bidder or vendor; E. The previous experience of the city with the bidder or vendor; F. The previous and existing compliance by the bidder or vendor with the laws and ordinances; G. In the event that two or more potential contracts or bids are received from responsible bidders or vendors for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor. (Ord. No. 21-2, § 1, 2-16-21)

dollars ($10,000.00). For purchases of general services or supplies and equipment of less than ten thousand dollars ($10,000.00), informal quotations should be obtained, but are not required. Comparative pricing is encouraged to secure the lowest price. Negotiated pricing is allowed and departments are strongly encouraged to solicit quotations from city-based businesses. (Ord. No. 21-2, § 1, 2-16-21)

ten thousand dollars ($10,000.00) and less than sixty thousand dollars ($60,000.00). A.

For purchases of general services, supplies and equipment greater than or equal to ten thousand dollars ($10,000.00) and less than sixty thousand dollars ($60,000.00) every reasonable effort shall be made to obtain at least three quotations. Negotiated pricing is allowed. 1. For purchases greater than or equal to ten thousand dollars ($10,000.00) and less than twenty thousand dollars ($20,000.00), the quotations may be verbal or written. 2. For purchases greater than or equal to twenty thousand dollars ($20,000.00) and less than sixty thousand dollars ($60,000.00), the quotations shall be in writing, which writings may include facsimile and electronic mail transmissions. B. Quotations with the required documentation shall be available for review by the Purchasing Agent or his/her designee. The purchase of any general services, supplies and equipment greater than or equal to ten thousand dollars ($10,000.00) and less than sixty thousand dollars ($60,000.00) shall be made from the vendor that submits the lowest total cost and is consistent with the factors stated in Section 2.55.060. C. At the discretion of the Purchasing Agent, the competitive bidding procedure set forth in Section 2.55.090 may be used for any acquisition of general services, supplies and equipment, regardless of the value. (Ord. No. 21-2, § 1, 2-16-21)

dollars ($60,000.00)—Competitive bidding. City Council approval shall be required to authorize the contract for or purchase of general services or supplies and equipment with a cost greater than or equal to sixty thousand dollars ($60,000.00); and such purchases shall comply with the competitive bidding procedure set forth in this section, unless the City Council approves an exception pursuant to Section 2.55.100. A. Notices inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond and a faithful performance bond will be required. B. Notices inviting bids shall be posted on the City website and may also be advertised by other means of public posting, at least fourteen (14) calendar days before the date of opening the bids. C.

The Purchasing Agent shall solicit sealed bids from all responsible prospective suppliers whose names are on a City bidder's list and may advertise the notice inviting bids in applicable publications and websites readily accessible to the public. D. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. E. At its discretion, the City Council may reject all bids presented and re-advertise for bids. F. At its discretion the City Council shall have the right to waive any defect or informality in the bidding or in the procedures set forth in this section. Unless provided by law, no defect or informality shall void any contract entered into. G. Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder, except as otherwise provided herein. H. If two or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent at the time of the bid opening. (Ord. No. 21-2, § 1, 2-16-21)

A. Any request for an exception under this section shall identify the nature of the contract or purchase, amount of the contract or purchase, and the reasons why competitive bidding is not feasible and shall be subject to City Council approval. Subject to City Council approval, the provisions of Section 2.55.080.B shall not apply to the following: 1. Where the city's requirements can be met solely by a single patented article or process; 2.

Situations where no bids have been received following bid announcements conducted pursuant to the provisions of this chapter; 3. When an emergency requires that an order be placed with the nearest source of supply; 4. When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city's needs at the lowest cost; 5. For janitorial services for city buildings and facilities; 6. For maintenance and repair of buildings and facilities; 7. When another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment; 8. When the City Council specifically waives the competitive bid process and authorizes staff to negotiate a purchase by a four-fifths (4/5) vote. B. Notwithstanding this section alternate purchasing procedures may be required for compliance with Federal purchasing requirements, including but not limited to 2 CFR 200.317 through 200.326, and in such case the City shall apply the more stringent requirement. (Ord. No. 21-2, § 1, 2-16-21)

A. Consultant or Professional Services: Contracts or purchases involving the acquisition of consultant or professional services are exempt from competitive bidding; however, the procurement of such services shall be awarded on the basis of demonstrated competence and professional qualifications for the satisfactory performance of the services required and the reasonableness of the cost of services subject to the following:

Contracts or purchases involving the acquisition of consultant or professional services greater than or equal to sixty thousand dollars ($60,000.00) will require City Council approval. 2. With respect to contracts for or procurement of professional services from private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms, the Purchasing Agent shall establish administrative procedures to assure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with Government Code Section 4526 or its successor. 3. The Purchasing Agent may utilize a request for quotation or request for proposal, to ensure the services are matched with the needs of the city. (Ord. No. 21-2, § 1, 2-16-21)

The purchasing dollar limits set forth in this chapter are determined on a per order basis. It is unlawful to split or separate into smaller orders the contract or purchase of general services, supplies and equipment for the purpose of evading the competitive bidding provisions of this chapter. (Ord. No. 21-2, § 1, 2-16-21)

No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract pursuant to this Chapter if he or she has a real or apparent conflict of interest. A conflict of interest would arise when the City employee, officer, or agent, 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 from a firm considered for the contract. The officers, employees and agents of the City may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. (Ord. No. 21-2, § 1, 2-16-21)

Federal Executive Order 12549 requires Federal financial assistance recipients to ensure that grant assistance monies are not paid to contractors that are debarred, suspended, or otherwise excluded from participating in Federal programs. The Department issuing the contract will be responsible for vetting contracts executed by their department. City staff will check the Excluded Parties List (EPL) which can be found at www.sam.gov, prior to executing any grant-funded agreements with vendors or subcontractors. (Ord. No. 21-2, § 1, 2-16-21)

The purchase of supplies, whenever feasible, containing the highest amount of postconsumer and recovered materials practicable. In all cases, these products must meet reasonable performance standards, and be readily available at a competitive price. The purchase shall also follow any Environmental Purchasing Guidelines as may be adopted by the City Council by resolution. (Ord. No. 21-2, § 1, 2-16-21)

The Purchasing Agent shall establish administrative procedures for city departments to report all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Agent shall have the authority to sell, trade, exchange, dispose of, discard or destroy all said supplies and equipment. Such sales may be made by auction, negotiated sale, or otherwise, after receiving bids or proposals that provide the maximum return to the city, as determined by the Purchasing Agent. The Purchasing Agent shall have the authority to recommend to the City Council surplus supplies and equipment for donation, which donation shall be subject to City Council approval upon making the appropriate findings, including the requisite public purpose for such donation. (Ord. No. 21-2, § 1, 2-16-21)

Public projects as defined by the Uniform Public Construction Cost Accounting Act (Section 22000 et seq. of the California Public Contract Code) shall follow the purchasing procedures as set forth in Section 22032 et seq. of the Public Contract Code. A. Public projects that do not exceed the applicable dollar amount limitations under Section 22032(a) of the Act may be performed by force account or let by negotiated contract, or the bidding provisions of this chapter, as applicable. 1. The Purchasing Agent shall be authorized to approve such contracts in accordance with section 2.55.050. B. The purchase or contract for public projects that exceed the applicable dollar amount limitations under Section 22032(a) of the Act but are less than the amount defined under Section 22032(b) of the Act may be let to contract by informal procedures as set forth in Section 22032 et seq. of the Public Contract Code. 1. A list of contractors shall be developed and maintained by the Director of Public Works in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

Where a public project is to be performed, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this section, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified; provided, however: a. If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission. b. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. 3. All mailing of notices to contractors and construction journals pursuant to this section shall be completed not less than fourteen (14) calendar days before bids are due. 4. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and shall state the time and place for the submission of bids. 5. The City Council shall award contracts pursuant to this section. C. The purchase or contract for public projects in an amount that exceeds the applicable dollar amount limitations under Section 22032(c) of the Act shall be authorized by City Council and shall comply with the competitive bidding procedures set forth in Section 2.55.090. (Ord. No. 21-2, § 1, 2-16-21)