Plymouth Municipal Code Ch. 3.10 Procurement Policy

The Plymouth City Council recognizes the need for materials, supplies, equipment, and services for the City to carry out its mission. The purpose of this policy is to:

A. Implement Council direction to seek out and stimulate competition;

B. Purchase personal property, materials, supplies, and services at a standard consistent with the required levels of quality;

C. Ensure that all qualified and responsible suppliers and bidders have an equal opportunity to do business with the City;

D. Utilize accepted public purchasing practices in the conduct of services;

E. Comply with all federal, state, and local laws; and

F. Conform to ethical business practices in all transactions.

This policy applies to all City departments, officials, executives, employees, interns, volunteers, contractors, vendors, suppliers, members of the public, and other persons participating in City programs and services.

(Ord. 2026-02, 4/9/2026)

The City of Plymouth shall procure materials, supplies, and services in a manner that promotes competition, inspires good business relationships, and ensures the confidence of the public.

(Ord. 2026-02, 4/9/2026)

Appropriation:

City Council approved revenue allocation through the budget process to make expenditures and incur obligations for specific City purposes. Expenditures may not legally exceed appropriations. The Council must approve any amendments to the total appropriations for a fund or transfers between funds. The Council must authorize supplemental budget appropriations from unanticipated revenues during the fiscal year.

Approval:

The signature from authorized personnel obligates the City to a purchase, contractual service agreement, or public project (i.e., Purchasing Agent, City Manager, or Council).

Authorization:

City Council expressed approval by ordinance, code, or policy to obligate the City to a purchase, contractual service agreement, or public project.

Contractual/Professional Service Agreements:

An agreement for the performance of services not provided by City personnel, excluding public works projects.

Cooperative Purchasing:

An arrangement in which multiple businesses combine their buying requirements into a single contract to aggregate demand to reduce costs. Government agencies often use these Agreements to reduce costs and streamline procurement processes.

Emergency:

An unforeseen circumstance in which an immediate purchase, service, or construction is necessary to avoid a substantial hazard to life, health, or property, a severe interruption of the operation of the City, or a department thereof.

Encumber:

Funds will be encumbered through the purchase requisition/purchase order process.

Invitation to Bid:

A public announcement to companies and suppliers that the City is seeking bids for specific supplies, equipment, or services.

Lowest Responsive and Responsible Bidder:

The bidder who offers a responsive proposal at the most competitive price. NOTE: This is not necessarily the lowest responsible bidder. Responsibility pertains to whether a bidder has furnished, when requested, information and data to provide that the bidder's financial resources, production or service reputation, and experience are adequate to make satisfactory delivery of specified supplies and equipment, services, or/are public projects to satisfy any provision of this policy.

Multi-Year Agreements:

Contracts that extend beyond 12 months from the date of execution.

Open Market Purchase:

The purchase of supplies and equipment, services, or the sale of surplus property without the need for soliciting bids or awarding to the lowest bidder.

Professional Services:

The specialized, short-term, or intermittent services that the City does not provide but are needed to conduct City business effectively. The services may include but not be limited to accounting, administration, architecture, custodial, economics, engineering, financial, insurance, labor relations, law, legislation, maintenance, mechanics, medicine, planning, science, technology, and other services which are incidental to the operation of the City.

Public Notice/Bid:

Notice of a solicitation by posting a pending procurement on the City's website and may include other information, such as publication in a newspaper, use of an electronic mailing list, or posting on one or more different websites.

Public Works Project:

A public works project is:

Construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, and repair work involving any publicly owned, leased, or operated facility.

Painting or repainting of any publicly owned, leased, or operated facility.

In the case of a publicly owned electric utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.

"Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following:

a.

Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.

b.

Minor repainting.

c.

Resurfacing of streets and highways at less than one inch.

d.

Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

e.

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.

Purchase:

All obligations to disburse public funds except for personnel services. Purchases are limited to one of the following categories:

Supplies and equipment,

Services, or

Public projects.

Purchase Order:

A document issued by the City that encumbers available appropriations to pay a contractor.

Purchasing Agent:

The individual with the responsibility to authorize purchases. The City Manager acts as the purchasing agent for the City.

Request for Proposal ("RFP"):

Process in which the City asks suppliers to propose a scope of work for services needed and a plan to achieve a desired result at a fair and competitive price.

Request for Qualifications ("RFQ"):

Process in which the City asks suppliers to submit qualifications related to a specific service.

(Ord. 2026-02, 4/9/2026)

A. General.

1. All purchases and the execution of contracts shall conform to this policy. Any employee who purchases, orders, or makes obligations contrary to this policy's provisions shall be subject to discipline up to and including termination.

2. All purchases shall be per policies approved by the Council through budget processes, ordinances, resolutions, grants, agreements, and donations. Accordingly, no employee shall purchase, provide notice of award, or execute a contract, until the approving authority has determined that the appropriation is sufficient and approves the transaction.

3. All determinations and other written records about any solicitation or requisition of purchase shall be maintained by the City in a contract file determined by each department. The City shall retain all records as required by law or regulation but in no event less than the years indicated in the City Records Retention Policy.

B. Roles and Responsibilities.

1. Purchasing Agent - The City of Plymouth Purchasing Agent shall act in the City's best interest in a manner consistent with City rules, regulations, and policies set forth and all applicable law provisions.

2. Employees - Employees are responsible for complying with this policy concerning procurement and purchasing. Employees shall report all violations to the Purchasing Agent or designee.

C. Purchasing Methods - All purchases shall be made in the name of the City using the following means:

1. Employee-issued procurement cards (i.e., Credit Cards).

2. Purchase orders.

3. The city-authorized charge accounts.

4. Reimbursement.

D. Approval Authority and Limits.

1. Council-approved amounts in the annual budget for the purchase of specifically identified items of personal property or professional services shall constitute spending authority to the City Manager.

2. All purchases shall meet the purchasing solicitation and approval requirements outlined herein before entering into the transaction.

3. Approval Authority for procurement of services, supplies, or other property:

a. Up to $25,000: City Manager.

b. $25,001 or more: City Council.

E. Approval Authority and Limits (Emergency):

1. The following personnel have the authority to approve emergency purchases or repairs for the continuing operations of the City in the event of an emergency without following the solicitation requirements outlined below.

a. Up to $25,000: City Manager.

b. $25,001 or more: City Council.

F. Multi-Year Agreements:

1. Multi-year agreements shall be included in the approved budget.

2. All multi-year agreements shall be reviewed and approved by the City Manager for budget compliance and the City Attorney for legal compliance.

3. Staff has the authority to approve multi-year agreements if the cumulative cost of the agreement is within their approving threshold limit.

a. For example, the City Manager may approve a three-year agreement for $4,000 per year ($24,000 total, which is under the $25,000 authorization limit).

G. Sole Source/Standardization Purchase: Pursuant to Public Contract Code 3400: A purchase accomplished through solicitation or acceptance of a proposal from only one source. A sole source procurement must include documentation regarding why only one supplier is acceptable. The City may use sole source purchases when the following circumstances apply:

1. Inadequate Competition: After soliciting several sources, competition is determined inadequate.

2. Patents or Restricted Data Rights: Patent or data rights restrictions preclude competition.

3. Standardization and Substantial Duplication Costs: In the case of a follow-on contract for the continued development or production of highly specialized professional services, equipment, and materials, when it is likely that award to another contractor would result in substantial duplication of costs that are not expected to be recovered through competition.

4. Unacceptable Delay: In the case of a follow-on contract for the continued development or production of highly specialized professional services, equipment, and materials, when it is likely that award to another contractor would result in unacceptable delays in fulfilling the City's needs.

5. Unique Capability or Availability: The supplier demonstrates a unique or innovative concept or capability unavailable from another source. A unique or innovative concept means a new, novel, or changed concept, approach, or method that is the product of original thinking, the details of which are kept confidential or are patented or copyrighted and are available to the City only from one source and has not in the past been available to the City from another vendor.

(Ord. 2026-02, 4/9/2026)

A. Request for Qualification.

1. Staff may use the Request for Qualification ("RFQ") process as a pre-qualification for a competitive bid. Only those bidders who successfully respond to the RFQ and meet the qualification criteria will be invited to the Request for Proposal ("RFP") process. An RFQ may make the solicitation process more efficient as there will be fewer responses, and all the bidders will be qualified. This two-stage approach is not required for every RFP. The approving authority will determine if this extra step helps streamline the solicitation process and to gather information about candidates for future use.

2. An RFQ may also be used for projects or services that are not well defined, are unusual, or are exceptionally complex, and flexibility is needed to establish the scope of work; for this process, personnel shall perform the following steps:

a. Personnel shall issue a public notice outlining a preliminary scope of work and the applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor.

b. Personnel must use the City's RFQ template.

c. There shall be no public opening of RFQ proposals, and the contents of all submissions shall remain confidential. The proposals shall be open for public inspection after contract execution, except for information identified by the proposer as confidential or proprietary information and determined by the City Attorney to be confidential or proprietary information.

d. Proposals received after the date and time specified in the RFQ may not be accepted.

e. If provided for in the RFQ, the approving authority may conduct discussions with responsible proposers. The purpose of the talks is for clarification to ensure complete understanding and accuracy of responses to the requirements in the request for proposals. Proposers shall then have an opportunity to revise their proposals before the contract award for the City to obtain the best and final proposals. In conducting discussions, the City may not disclose any information derived from proposals submitted by competing proposers.

f. The approving authority shall evaluate the final proposals based on criteria contained in the RFQ and shall rank in order of preference the most qualified proposers.

g. The approving authority may request the best and final offers from one or more proposers and negotiate contracts with the highest-ranked proposer or proposers.

h. The City shall award the contract to the highest-ranked proposer with whom a satisfactory agreement has been negotiated. If the City cannot reach an acceptable contract with a vendor, negotiations may be terminated, and the RFQ process may start over.

i. If, at any time during the process, the approving authority determines that only one proposer is fully qualified or that one proposer is significantly more capable than the other proposers under consideration, the City Manager may negotiate a contract with that proposer.

j. Multiple contract awards may be made under a single RFQ if the request for proposals provides for multiple contract awards.

k. RFQs shall be evaluated based on the criteria stated within the proposal.

B. Request for Proposal. A Request for Proposal ("RFP") is a formal, competitive solicitation process for purchasing supplies, equipment, or services. An RFP is used when the City cannot precisely set forth its needs. Rather than including specifications, the City shall provide vendors a statement of work and the vendors are then asked to propose solutions. The RFP will detail what items the vendors are to submit, the qualifications of the proposer, the cost of their proposals, how the City will evaluate the proposals, select the vendor, and develop the contract. The RFP award is based upon various factors, including the lowest price, expertise of the proposer, and technical superiority of the proposal as compared to the other proposals submitted to the City. Proposals in response to an RFP are subject to negotiation after they have been submitted to the City.

1. Personnel shall issue a public notice outlining the scope of work and the applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor.

2. Personnel must use the City's RFP template.

3. It is the City's practice to post the RFP for a minimum of ten (10) business days.

4. There shall be no public opening of RFP proposals, and the contents of all submissions shall remain confidential. The proposals shall be open for public inspection after contract execution, except for information identified by the proposer as confidential or proprietary information and determined by the City Attorney to be confidential or proprietary information.

5. Proposals received after the date and time specified in the RFP shall not be accepted.

6. If provided for in the RFP, the approving authority may conduct discussions with responsible proposers. The purpose of the talks is for clarification to ensure complete understanding and accuracy of responses to the requirements in the request for proposals. Proposers shall then have an opportunity to revise their proposals before the contract award for the City to obtain the best and final proposals. In conducting discussions, the City may not disclose any information derived from proposals submitted by competing proposers.

7. The approving authority shall evaluate the final proposals based on criteria contained in the RFP on a best-value basis. It shall rank in order of preference the most qualified proposers. The approving authority, or designee, may request the best and final offers from one or more proposers and negotiate contracts with the highest-ranked proposer or proposers.

8. The contract shall be awarded to the highest-ranked proposer with whom a satisfactory agreement has been negotiated. If the City cannot reach an acceptable contract with a vendor, negotiations may be terminated, and the RFQ process may start over.

9. If, at any time during the process, the approving authority determines that only one proposer is fully qualified or that one proposer is more highly skilled than the others under consideration, the City Manager may negotiate and award a contract to that proposer.

10. Multiple contract awards may be made under a single RFP if the request for proposals provides for multiple contract awards.

11. RFPs shall be evaluated based on the criteria stated in the proposal.

12. Invitation to Bid.

a. In the context of goods, materials, or non-professional services, City staff may utilize an Invitation to Bid process.

C. Invitation to Bid (ITB).

1. ITBs should be used for purchases of materials, services, and equipment that must meet City specifications. These ITBs shall be awarded to the bidder presenting either the "best value" to the City or on the basis of the lowest responsive and responsible bidder. The basis for award shall be set forth in the ITB documents.

2. Notice Inviting Bid (NIB): When the materials, supplies, or services are to be secured through the formal bidding process, the approving authority shall give notice of the purchase(s) to be made or services to be acquired, inviting sealed bids. The notice requesting proposals or bids shall meet, at a minimum, the following requirements:

a. The City shall place an ad in a newspaper of general circulation in the City. The publication or posting of the notice shall be at least 10 business days before the date of opening the bids or proposals.

b. The ad shall state the service, materials, supplies, or personal property to be obtained to enable bidders to know with reasonable accuracy the personal property, materials, supplies, or services sought.

c. Specify any applicable surety requirements.

d. Identify where and when specifications can be obtained.

e. Specify the deadline to submit proposals or bids.

f. Contain notice that all submittals shall be sealed.

g. Specify when, where, and how to submit proposals or bids.

h. Include the date and time for opening bids.

i. Identify the contact person and phone number.

3. Bidder Security: All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder's security:

a. Cash.

b. Cashier's check made payable to the City.

c. A certified check made payable to the City.

d. A bidder's bond executed by an admitted surety insurer made payable to the City.

e. Acceptable surety shall not exceed 10% of the aggregate amount of the Bid: If the bidder to whom the contract is awarded fails or neglects to enter into the contract and file the required performance bond after 20 days of notification of award. In that case, the bid security shall be forfeited, and the City Manager shall draw the money due on such bid security and deposit it in the City's name.

4. Opening and Public Record: Bids shall be opened in public at the time and place stated in the public notice. Staff shall prepare and present a tabulation of all bids to the Council.

5. Award of Bid: The City should award the contract to the lowest responsible bidder except as otherwise provided in the State Public Contract Code.

6. Successful Bidder: Upon bid award, the successful bidder shall submit the following:

a. Performance Bond and Payment Bond equal to one hundred percent (100%) of the contract price.

b. Proof to the satisfaction of the City of appropriate insurance coverage, such as a Comprehensive General Liability policy, a Professional Errors and Omissions policy, or a Workers' Compensation policy, depending upon the nature of the services, materials, or personal property requested.

c. Proof to the satisfaction of the City of possession of all appropriate and required licenses or governmental permits to perform the work requested.

7. No Successful Bidders: If a competitive bid process results in no successful bidders, personnel shall reevaluate the scope of service and conduct a second competitive bid. If time or resources do not allow for a second competitive bid, the approving authority may authorize personnel to execute an informal request.

(Ord. 2026-02, 4/9/2026)

A. Procurements of Supplies, Goods, Equipment, Materials, and Non-Professional Services.

1. Supplies, Goods, or Equipment: Shall mean those regularly purchased and consumed by the City. These items include, but are not limited to, office supplies, janitorial supplies, building and maintenance materials and supplies, asphalt, fertilizers, chemicals, pipes, fittings, etc. This shall also mean mechanical implements and apparatus used in an operation or activity, such as motors, pumps, and rolling stock. Equipment shall include capitalized fixed assets and items entirely expensed in the year purchased.

2. No Bids or Quotes Strictly Required: The City encourages but does not require written quotes or bids to purchase one-time supplies, goods, equipment, or services under $2,500.

3. Informal Solicitation: Personnel must obtain informal written bids/proposals/quotes for purchasing one-time supplies, goods, equipment, or services for $2,501 to $25,000.

a. The department making the purchase shall solicit the quotations by written (including email) or verbal request to prospective vendors.

i. City shall attempt to obtain at least three (3) quotes, but the failure to obtain three quotes will not limit City's ability to enter into contracts under this section.

b. For purchases between $2,501 and $25,000 a Purchase Order or Contract is required.

4. Formal Solicitation: Personnel must obtain written bids or proposals for the purchase of supplies, goods, equipment, or services that are $25,001 or more or are for a multi-year contract. Formal Solicitations are performed through a Invitation to Bid (ITB) or Request for Proposal (RFP) process. Award will be determined on the basis of award set forth in the solicitation documents, either best value to the City or lowest responsive and responsible bidder. Procurements greater than $25,001 shall require a contract.

5. Personnel will conduct procurement transactions in a manner providing full and open competition. Some of the situations considered to be restrictive of the competition include, but not limited to:

a. Unreasonable requirements are placed on firms for them to qualify to do business.

b. Unnecessary experience and excessive bonding requirements.

c. Noncompetitive pricing practices between firms or between affiliated companies.

d. Noncompetitive award to any person or firm on retainer contracts.

e. The specification of only a brand name product without listing its salient characteristics and not allowing a similar product to be offered.

f. Exclusionary or discriminatory specifications.

g. Any arbitrary action in the procurement process.

6. Single transactions shall not be split into two or more transactions to evade the solicitation requirements outlined in this policy.

7. Many businesses provide discounts for bulk purchases. Personnel should consolidate purchases whenever possible to receive such discounts. Personnel should consolidate City purchases with other departments, divisions, and sections when possible.

8. The approving authority may cancel a solicitation when cancellation is in the City's best interests and may reject, in whole or in part, any or all offers for a solicitation.

(Ord. 2026-02, 4/9/2026)

A. Purchasing and Contracting for Professional Services.

1. Professional services are those services provided by any specially trained and experienced person, firm, or corporation for services and advice in those areas including, but not limited to, architectural, environmental, land surveying, financial, economic, accounting, engineering, legal, construction management, or administrative matters. These services shall be procured on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City.

2. The City does not strictly require competitive solicitation for the procurement of professional services that involve specialized skill, training, expertise, use of professional judgment or discretion, and/or a high degree of creativity. Still, the selection of any professional services must be on the basis of demonstrated competence and qualifications at fair and reasonable prices.

3. When prudent, the City will use the RFP process to ensure that the City receives the desired service on the most favorable terms or for the best value. While the City is not specifically required to issue RFPs for professional services, it has established this process to ensure that the City obtains qualified and necessary professional services as economically as possible.

a. For purchases of Professional Services less than $25,000, no quotes or solicitation procedures are required. The City will endeavor to obtain the best value through competitive solicitations as circumstances permit.

b. For purchases of Professional Services between $25,000 and $100,000 the City shall attempt to obtain at least three (3) written quotes, but the failure to obtain three quotes will not limit the District's ability to enter into contracts under this section.

c. For Professional Services of $100,001 or greater, the District shall procure those services pursuant to a formal RFP.

(Ord. 2026-02, 4/9/2026)

The following table summarizes the relevant purchase amounts, bid type, contract type, and the approval levels for goods, materials, equipment, professional and non-professional services. To the extent that any ambiguity exists between this table and the text of this Policy, the express language of the Policy will control.

Procurement Table - Goods, Services, Professional Services

(Ord. 2026-02, 4/9/2026)

A. Public Projects.

1. The Uniform Public Construction Cost Accounting Act (Act), enacted in 1983 under Public Contract Code Section 22000 et seq., establishes an alternative set of bidding and accounting procedures for local agencies that choose to participate. The Act permits agencies that have opted in to perform certain public works projects with their own workforce, up to specified monetary thresholds, provided they follow the cost accounting procedures set forth in the Act.

2. The City of Plymouth elected to participate in the Act by formally notifying the State Controller and adopting the Act on October 12, 2023. The Act supersedes only the bidding procedures for public projects. All other contracting requirements of the Public Contract Code remain applicable. Contractors for public projects, as defined, shall be procured in accordance with the contracting procedures set forth in the Act (Public Contract Code Section 22030 et seq.) as it may be amended from time to time.

3. The procedures set forth in this section shall apply to the procurement of "public projects" defined as any of the following:

a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, and repair work involving any publicly owned, leased, or operated facility.

b. Painting or repainting of any publicly owned, leased, or operated facility.

c. In the case of a publicly owned electric utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.

4. "Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following:

a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.

b. Minor repainting.

c. Resurfacing of streets and highways at less than one inch.

d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

e. 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.

5. For purposes of this section, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in subsection A.4.e above, real property, streets and highways, or other public work improvement.

6. It is improper to split or separate any project into smaller projects to evade City awards or competitive bidding processes.

B. No Formal or Informal Bidding Required (Projects less than $75,000): Contracts for public projects below the relevant bidding thresholds under the Act for formal or informal bidding, as they may be amended from time to time, may be done pursuant to force account or negotiated contract. As of January 1, 2025, this threshold was $75,000. Nothing in this section shall prohibit the City from using either informal bid processes or formal bid process for projects that fall below the relevant threshold under this section.

C. Informal Bidding (Between $75,000 and $220,000).

1. When a public project is to be performed which qualifies for informal bidding under the Act, a notice of such project shall be given as follows, except where the product or service is proprietary:

a. Mailed notices shall be given to all construction trade journals specified by the Commission for the receipt of such a notice for Amador County; or

b. Additional notices posted on the City website or delivered through an electronic bidding system to other contractors, may, in the discretion of the City, be given.

2. If the product or service to be acquired is proprietary in nature, such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors.

3. All mailing, emailed, City website postings, and electronic bidding system notices to contractors and construction trade journals shall be completed not less than 10 calendar days before bids are due.

4. The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.

5. If all bids received are in excess of the amount of two hundred twenty thousand dollars ($220,000) as may be amended from time to time, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred thirty-five thousand dollars ($235,000) or less, to the lowest responsible bidder, if it determines the cost estimate of the Authority was reasonable.

6. Award of a project procured pursuant to this section shall be made to the lowest responsible bidder submitting a responsive bid.

D. Formal Bidding (for Construction Projects $220,000 or More).

1. When a public project is to be performed which qualifies for formal bidding under the Act, notice of such project shall be given as follows except where the product or service is proprietary:

a. A notice shall be published at least 14 calendar days before the date of opening of the bids in a newspaper of general circulation, printed and published in the jurisdiction of the City. In addition, notice may also be published on the City website or through an electronic bidding system.

b. The notice inviting formal bids shall also be sent to all construction trade journals specified by the Commission for the receipt of such notice for Amador County at least 15 calendar days before the date of opening the bids.

c. Additional notices to other contractors and/or trade journals may, in the discretion of City, be given.

2. If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors.

3. The notice shall distinctly describe the project, describe how to obtain more detailed information about the project, and shall state the time and place for submission of bids.

4. Award of the contract procured pursuant to this section shall be made to the lowest responsible bidder submitting a responsive bid.

5. If two or more bids are the same and the lowest, the City may accept the one it chooses.

6. The City Manager or the City Council may, in their respective discretion, reject all bids and proceed as authorized by the Act.

E. Formal and Informal Bidding Miscellaneous Requirements.

1. Plans and Specifications: Before soliciting any contract for a construction project, the City shall prepare full, complete, and accurate plans and specifications providing adequate direction to enable any contractor or builder to carry them out. Plans and specifications shall sufficiently define the details of the work, which affects costs, to apprise bidders of all the essential and substantial parts of the work and enable them to know with reasonable accuracy the outlay they will have to make in performing the work to be contracted for.

2. Bidder Security:

a. All bids for construction projects shall be presented under sealed cover and accompanied by one of the following forms of bidder's security:

i. Cash.

ii. Cashier's check made payable to the City.

iii. A certified check made payable to the City.

iv. A bidder's bond executed by an admitted surety insurer made payable to the City.

b. Acceptable surety shall not exceed 10% of the aggregate amount of the Bid: If the bidder to whom the contract is awarded fails or neglects to enter into the contract and file the required performance bond after 20 days of notification of award. In that case, the bid security shall be forfeited, and the City Manager shall draw the money due on such bid security and deposit it in the City's name.

3. Opening and Public Record: Bids shall be opened in public at the time and place stated in the public notice. Staff shall prepare and present a tabulation of all bids to the Council.

4. No Successful Bidders: If a competitive bid process results in no successful bidders, personnel shall reevaluate the scope of service and conduct a second competitive bid. If time or resources do not allow for a second competitive bid, the approving authority may authorize personnel to execute an informal request.

5. Contract: It is the City's practice for the Council to delegate signing authority to the City Manager for public project contracts awarded by the Council.

6. Contract Change Orders: The Council authorizes the City Manager to perform change orders up to the contingency amount, as outlined in the bid award staff report. To alleviate administrative costs, delay of work, and work extensions, the City Manager is authorized to approve change orders up to $10,000, all within the total amount of the Council approved contingency. Change orders cannot change the scope of the approved project.

7. Council Actions: Staff shall prepare a staff report to request the following Council actions:

a. Award of Bid.

b. Approval of contract change orders beyond amounts authorized in bid award.

c. Acceptance of Notice of Completion for public projects.

8. Public Project Administration: Per Public Contract Code, all public projects shall have an alphabetical filing system containing the following filling categories: Accounting, Contract and Bid Documents, Construction, Consultants, Design Correspondence, Drawings, Environmental Documents, Permits, Photos, Planning, Specifications, and Submittals. At a minimum, files shall contain Award of Bid Staff Reports, Bid Notices, Notice of Completion, contracts, Permits, Progress Payments, Change Orders w/supporting documentation, Change order summary sheets, Insurance documents, Bonds, Preliminary notices, Inspections, Certified Payroll Information.

F. Public Works Emergency Public Contract Code § 22050.

a. In the case of an emergency, the City, pursuant to a four-fifths vote of its City Council, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

b. Before the City takes any action pursuant to subsection F.1.a, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

a. The City Council, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to subsection F.1.a.

b. RESERVED.

c. If a person with authority delegated pursuant to subsection F.2.a or b orders any action specified in subsection F.1.a, that person shall report to the City Council, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.

a. If the City Council orders any action specified in subsection F.1, the City Council shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the City Council meets weekly, it may review the emergency action in accordance with this paragraph every 14 days.

b. If a person with authority delegated pursuant to subsection F.2 orders any action specified in subsection F.1.a, the City Council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subsection F.2 has terminated that action prior to the City Council reviewing the emergency action and making a determination pursuant to this subsection. If the City Council meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.

c. When the City Council reviews the emergency action pursuant to subsection F.3.a or b, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

(Ord. 2026-02, 4/9/2026)

A. Requisitions and Purchase Orders.

1. Designated personnel from each department will create a purchase order within the City's Finance system for all purchases as described below. The purchase order must contain a completed Purchase Request Form and copies of quotes or bids, as described herein.

2. A purchase of $500 or less does not require a purchase order or a Purchase Request Form; however, all purchases must be approved by the Purchasing Agent.

3. A purchase order is required for all purchases over $500.

4. A Purchase Request Form is required with purchase orders over $2,000 and must be approved by the approval authority before the purchase is made. The Purchase Request Form date should be before the invoice date. An exception to the Purchase Request Form date before the invoice date shall be only allowed in case of emergency purchases as approved by the proper approval authority.

5. A purchase order is encouraged but not required when an approved contract is in place for purchasing goods and services established between a vendor and City. Purchases covered by contracts will follow the same approval thresholds as purchase orders. When invoices are received from the vendor, the assigned contract purchase order number must be written on the invoice. When an invoice is processed, the contract amount will be drawn down by the invoice amount.

6. A purchase order is not required when payments are made for goods or services needed to conduct the day-to-day business. For example, utility charges, leases, insurance or risk management claims, workers' compensation claims, permits, debt service payments, legal fees, employee benefits, etc.

7. Types of Purchase Orders.

a. Standard purchase orders are issued, and an order is placed for specific items after the appropriate solicitation and requisition process is completed.

b. Blanket purchase orders may be issued for vendors from whom the City regularly purchases items of a small quantity and low unit cost.

B. Year-End Processing of Purchase Orders.

1. To close the City's books on time, the Finance Division will send out a Year-End Purchasing Memo to all personnel indicating the deadlines and exceptions for creating purchase orders in the last month of the fiscal year.

C. Purchasing Used Supplies and Equipment.

1. Previously owned equipment and other used items present unique comparison-shopping problems. Accordingly, alternative means of establishing market value need to be considered on a case-by-case basis. Such means may include "blue book" values and public auctions.

D. Equal Employment Opportunity/Affirmative Action. All procurement using federal funds requires all interested vendors to certify the following:

1. That the vendor does not discriminate against any employee or applicant for employment because of race, religion, sex, age, creed, color, disability, or national origin;

2. The vendor complies with all Executive Orders and Federal, State, and local laws regarding fair employment practices and non-discrimination in employments.

E. Solicitation and Utilization of Disadvantaged Business Enterprises.

1. For all procurement related to construction, equipment, services, and supplies using Federal funds, the City shall comply with the applicable agency requirements for utilizing small, minority, and women business enterprises as defined in 49 CFR Part 26.

2. The City will ensure that sub-recipients, loan recipients, and prime contractors under these federally funded programs comply with the applicable agency requirements. In addition, the City shall make good faith efforts to solicit and utilize small businesses, minority-owned firms, and women's business enterprises (collectively Disadvantaged Business Enterprises or DBEs).

3. Examples of good faith efforts include, but are not limited to, the following:

a. Ensuring DBEs are fully aware of contracting opportunities practicable through outreach and recruitment activities.

b. Making information on forthcoming opportunities available to DBEs and time frames for contacts and establishing delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process.

c. Considering in the contracting process whether firms competing for large contracts could subcontract with DBEs.

d. Encouraging contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually.

e. Using the services and assistance of the Small Business Association and the Minority Business Development Agency of the Department of Commerce or equivalent state or local agencies.

f. If the prime contractor awards a subcontract, requiring the prime contractor to make the same good faith efforts listed above.

F. Conflict of Interest.

1. Council Members and City personnel shall not participate in the selection, award, or administration of a contract if a conflict of interest, real or apparent, would be involved.

a. Such a conflict would arise when any previously listed has a financial or other interest in the firm selected for award.

b. In cases where there may be a direct or indirect benefit, the Council Member is responsible for reporting such benefit to the Council in writing.

c. If anyone fails to report such benefit, they will be subject to any disciplinary proceeding deemed appropriate by the Council, including possible dismissal.

2. Council Members and City personnel are subject to the conflict-of-interest laws of the State of California. Anyone who violates the standards of the law shall be subject to the penalties, sanctions, or other disciplinary actions provided for therein.

3. Council Members and City personnel shall not solicit, demand, or accept from any person, contractor, potential contractor, or potential subcontractors, anything of a monetary value, including gifts, gratuities, and favors, except as the receipt and reporting of gifts are permitted by The Political Reform Act (Government Code Section 81000, et. seq.). Anyone failing to adhere to the above will be subject to any disciplinary proceeding deemed appropriate by the City, including possible dismissal.

4. Council Members and City personnel shall not use confidential information for actual or anticipated personal gain or the actual or anticipated personal gain of any other person related to them by blood, marriage, or common commercial or financial interest. Anyone failing to adhere to the above will be subject to any disciplinary proceeding deemed appropriate by the City, including possible dismissal.

5. In recognition that some vendors, as their company policy for purposes of product promotion and client relations, may extend specific discounts or other benefits to employees of their clients, this section is intended to prevent even the appearance of conflict between what is best for the City and what may be good for employees of the City. It is not permissible to accept less than the best deal for the City because of discounts or other benefits accruing to employees.

6. The City will not recognize and participate in vendor programs for employees unless all the points below apply:

a. Any employee discount or other benefit shall not be a factor in the selection of a vendor. Ideally, decision-makers shall not even know of such vendor programs.

b. Any employee discount or other benefit shall accrue to all employees in equal measure.

c. Decision makers shall comply with the Conflict of Interest policy and the Fair Political Practices Commission's ("FPPC's") Conflict of Interest procedures regarding the disclosure of gifts.

G. Debarment and Suspended Parties.

1. The City will not solicit or accept offers from, give awards to, or consent to subcontracts with contractors or vendors who are debarred or suspended from government contracting and government-approved subcontracting.

H. Use of State and Federal Grant Funds.

1. The City may receive funds through a state or federal grant process. To ensure sound accounting practices, provide consistency in the administration of grants, and be compliant with all laws, rules, and regulations involving the use of state and federal grant revenue, it is imperative and incumbent upon any person who is purchasing items using grant revenue to be aware of all provisions of the specific grant and follow all requirements, rules, and laws therein.

2. City policy does not supersede any state statute, administrative rule, federal law, or regulation that may govern each specific grant program. The laws and regulations that must be complied with include, but are not limited to, the following:

a. California Local Assistance Procedures Manual (LAPM).

b. California Labor Code.

c. Federal Grant Management OMB Circulars 48 and 49 Code of Federal Regulations (CFR).

(Ord. 2026-02, 4/9/2026)

A local business preference allows the City to promote local businesses, as well as benefit from enhanced economic activity as dollars re-circulate in the local economy by way of multiplier effects. Multiplier effects have been shown to benefit the community in the following ways:

A. Percent Differential: Local vendors are granted a three percent (3%) differential in lieu of sales and transactions tax loss for the purchase of materials, supplies, equipment and personal property. Prices, fitness, quality, delivery and service being equal, preference will be given to the local vendor, in the purchase of supplies and equipment.

B. This local vendor preference shall not be granted for contracts involving public works, personal, professional, and consultant services, or as otherwise prohibited by law.

C. For the purposes of this section, "local vendor" means a business having its principal place of operation within the jurisdictional boundaries of the City and a valid business license.

D. For purposes of this section, when the City considers a local vendor's bid, quote, or proposal in connection with the purchase of supplies and equipment, the local vendor's bid shall be the bid amount after the applicable percent differential is applied.

E. Public Contract Code § 22030 et seq., preempts local preference in regard to the procurement of goods and services for public works projects which requires the City to award to the lowest responsible bidder. This local preference policy shall not apply to public works projects.

(Ord. 2026-02, 4/9/2026)