Part 1 — GENERAL

This chapter defines the contract procurement policies, procedures and requirements for public works construction, general services, professional services, wholesale utility commodities and services, and contracts, the performance for which the city receives substantial value. This chapter establishes the contracting authority of the City Manager, the Chief Procurement Officer (“Procurement Officer”), designated employees, City Attorney, and City Council (“Council”). The purpose of this chapter is: to foster and encourage the use of best management practices in contracting and purchasing; to ensure quality and efficiency in the procurement of goods, services, equipment, materials and supplies at the lowest cost commensurate with the quality needed; to provide for a fair and equitable procurement process utilizing standardized solicitation procedures; and to maintain honesty and integrity in the procurement process.

(Ord. 5494 § 4, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

(a) Contracts for public works construction, general services and professional services, information technology services, wholesale utility commodities and services and other energy related contracts, and contracts, price quotations or purchase orders for goods, materials, equipment and supplies shall be solicited and awarded pursuant to the procedures contained in this chapter.

(b) The solicitation and award policies, procedures and requirements contained in this chapter shall not apply to the following:

(1) Subdivision agreements, improvement agreements, deferred parking agreements, development agreements and other land use contracts entered into between the city and property owners or developers pursuant to other parts of this municipal code;

(2) Franchises and franchise agreements;

(3) Contracts between the city and other public entities and public utilities for the city’s provision of services to the other entities and utilities;

(4) Transactions involving the acquisition, assignment and disposal of interests in real property; and

(5) Agreements to provide funds pursuant to the human services resource allocation process or community development block grant program.

(Ord. 5494 § 5, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

The Council may from time to time adopt by resolution policies related to contract solicitation and award procedures and requirements. The policies may include, without limitation, policies addressing local boycotts, protest procedures, and price preferences for use of recycled or sustainable goods and for local businesses. The policies shall not conflict with, but may be in addition to, any provisions of this chapter. All Council policies shall be considered and implemented in the solicitation and award of contracts made under this chapter.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

All acquisitions and purchases shall be made by and through the Procurement Officer, except:

(a) Purchases of goods and services made from petty cash funds made in conformance with this chapter and pursuant to control procedures approved by the City Manager and contained in the administrative policies and procedures manual maintained by the City Manager;

(b) Emergency purchases made in conformance with this chapter and Federal Emergency Management Agency (“FEMA”) Public Assistance Program’s procurement orders, or other similar rules, regulations, guidelines and control procedures for cost reimbursement purposes approved by the City Manager and contained in the purchasing manual;

(c) Contracts for legal services;

(d) Purchases of goods and services, and payment of public works services, by city procurement card (“P-card”) or other credit card, made in conformance with this chapter and pursuant to control procedures approved by the City Manager and contained in the purchasing manual;

(e) Purchases where the total expenditure by the city does not exceed $10,000.00, made in conformance with this chapter and pursuant to control procedures approved by the City Manager and contained in the purchasing manual;

(f) Transactions negotiated under master contracts for wholesale utility commodities and services, as described in Section2.30.140 made in conformance with Section 2.30.340;

(g) Mutual aid agreements; and

(h) Delegations made according to Section 2.30.230.

(Ord. 5494 § 6, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

The Procurement Officer shall prepare a written purchasing manual that implements the requirements of this chapter. The purchasing manual shall establish and describe in detail the contract solicitation and award procedures and requirements that must be followed in making acquisitions, purchases and licenses on behalf of the city. The purchasing manual shall include, among other things, control procedures established under the authority of this chapter. The City Manager shall approve the purchasing manual and any modifications made to the manual from time to time.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

The city shall not be and is not bound by any contract, price quotation, purchase order, document, or any other agreement, unless it is made, in writing, and is:

(a) Approved by the Council and signed by the mayor, vice mayor or other duly authorized officer or employee on behalf of the city as provided in this chapter; and

(b) Approved as to form by the City Attorney, as described in Section2.30.070.

The foregoing requirements shall not apply to authorized purchases with a city P-card or other credit card.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

The City Attorney shall approve as to form all contracts, price quotations, purchase orders, documents and other agreements. The City Attorney’s approval as to form may be performed on a general basis (by standard form contract) or on a case-by-case basis. No city office or department other than the Office of the City Attorney is authorized to create, modify or approve for use standard form contracts.

Each contract, price quotation, purchase order, document or other agreement that is subject to individual review and approval by the City Attorney shall be signed by the City Attorney or designee to signify that it is approved as to form. A standard form contract that has been approved by the City Attorney for general use may be used without further approval or signature by the City Attorney, provided the form of contract is not modified.

The Procurement Officer in consultation with the City Attorney and the City Auditor shall be responsible for creating a control system for the creation and use of standard form contracts, price quotations, purchase orders, documents and other agreements to be included in the purchasing manual.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

The City Attorney shall exercise the sole authority to interpret the provisions of this chapter and to issue, in writing, interpretive opinions concerning the meaning and application of the provisions of this chapter.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

No city committee, office, department, board, commission or other division or body may adopt or create an internal procurement policy or procedure that conflicts with or is inconsistent with any provision of this chapter.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)