Article 3

Competitive Bids on Purchases and Sales

All purchases of, and contracts for, supplies, materials, equipment and contractual services, and all sales of personal property which has become obsolete and/or unusable, shall be based wherever practicable as determined by the purchasing agent under authority of Section 2.24.170 of this Code, unless the purchase is covered under the Local Agency Public Construction Act of the State of California as the same now exists or may hereafter be amended. (Ord. 1595 § 2)

The city purchasing agent shall solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to the bidders' list, by giving notice as prescribed by Public Contract Code Sections 20160 to 20169.

(Ord. 1595 § 2)

All bids shall be submitted sealed to the city purchasing agent and shall be accompanied by cash, a certified or cashier's check made payable to the city, or a bidder's bond, in an amount equal to at least 10% of the amount bid when required by city council policy or state law. In the absence of such requirements, the city purchasing agent may require surety, in the form and amount specified in the notice required by Section 2.24.110, to accompany the bids. (Ord. 1595 § 2)

If the successful bidder shall not within 10 days after the award enter into contract, the successful bidder shall forfeit any surety which accompanied his or her bid. Surety deposits shall be returned to unsuccessful bidders at the time the successful bidder enters into contract with the city.

(Ord. 1595 § 2)

The bids shall be opened in public at the time and place stated in the notice and shall be held for public inspection for not less than one year. The city purchasing agent or the city council, as the case may be, may reject any or all bids or the bid for any one or more commodities or contractual services included in the proposed contract when the public interest will be served thereby. If all bids received are for the same total amount or unit price, and if the public interest will not permit the delay of readvertising for bids, the city purchasing agent shall have authority to award the contract to one of the tie bidders by drawing lots in public or to purchase the commodities or contractual services in the open market; provided, that the price paid in the open market shall not exceed the lowest contract bid price submitted for the same commodity or contractual service. The contract shall be awarded to the lowest responsible bidder. Quality offered, delivery

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City of Oroville, CA

ADMINISTRATION AND PERSONNEL

§ 2.24.140

§ 2.24.180

terms and service reputation of the vendor may be taken into consideration in determining the successful bidder.

(Ord. 1595 § 2)

It shall be the duty of the city purchasing agent to discourage uniform bidding and to endeavor to obtain as full and open competition as possible on all purchases and sales. (Ord. 1595 § 2)

Sales shall be made to the highest responsible bidder. (Ord. 1595 § 2)

• A. All purchases of supplies, materials, equipment or contractual services, and all sales or personal property which has become obsolete and/or unusable in an amount less than the amount required by the Public Contract Code of the State of California, may be made in the open market without notice and without observing the procedure prescribed by this article for the award of contracts when the city purchasing agent deems it necessary to secure the item to be purchased immediately or that it would be more economical to avoid the formal bidding requirements.

• B. Procedure When Emergency Exists. In case of an emergency which requires immediate purchase of supplies, materials, equipment or contractual services, the mayor may in writing authorize the city purchasing agent to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services regardless of the amount of the expenditure; provided, however, that a full explanation of the circumstances of such emergency shall be open to public inspection.

• C. Three Competitive Bids Required When Possible—Record to Be Kept of All Purchases, Sales and Bids. All open-market purchases and sales shall, wherever possible, be based on at least 3 competitive bids, and shall be awarded to the lowest responsible bidder. The city purchasing agent shall solicit bids by direct mail request to prospective vendors or by telephone or personal interview. The city purchasing agent shall keep a record of all openmarket orders and sales and the bids submitted in competition thereon, and such records shall also be open to public inspection.

• (Ord. 1595 § 2)

In case of actual emergency and with the written consent of the city purchasing agent, any using agency may purchase directly any supplies, materials or equipment whose immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens. The head of such using agency shall send to the city purchasing agent a requisition and copy of the delivery record together with a full written explanation of the circumstances of the emergency, which shall be filed by the city purchasing agent as a permanent and public record of the purchase. The city purchasing agent shall by rules

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City of Oroville, CA

OROVILLE CODE

§ 2.24.180

§ 2.24.180

and regulations prescribe the procedure under which such emergency purchases may be made. (Ord. 1595 § 2)

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City of Oroville, CA

ADMINISTRATION AND PERSONNEL

§ 2.24.190

§ 2.24.220