Port Hueneme Municipal Code § 2550.1 Adoption of purchasing system

In order to establish efficient procedures for the purchase of all supplies, services, and equipment, to secure for the City supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 1, 2-16-16)

There is created the position of Purchasing Officer who shall be the City Manager or his or her designee. The Purchasing Officer shall be responsible and have general supervision of the purchasing function. The duties of Purchasing Officer may be combined with those of any other office or position. The Purchasing Officer shall have the authority to:

(a) Purchase or contract for all supplies, services, and equipment required by any using agency or department in accordance with purchasing procedures prescribed by this Chapter, such administrative regulations as the Purchasing Officer shall adopt for the internal management and operation of the Purchasing Department and such other rules and regulations as shall be prescribed by the City Council or City Manager;

(b) Negotiate and recommend execution of contracts for the purchase of all supplies, services, and equipment;

(c) Act to procure for the City the needed quality in supplies, services, and equipment at least expense to the City;

(d) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;

(e) Prepare and recommend to the City Council revisions and amendments to the purchasing rules;

(f) Keep informed of current developments in the field of purchasing, prices, market conditions, and new products;

(g) Coordinate the inspection of all supplies, services, and equipment purchased to insure conformance with specifications;

(h) Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of any supplies and equipment which cannot be used by any department or which becomes unsuitable for City use;

(i) At his or her discretion, prescribe and maintain such forms as reasonably necessary to the operation of this Chapter and other rules and regulations;

(j) At his or her discretion, maintain a bidder's list, vendor's catalog file, and records needed for the efficient operation of purchasing functions;

(k) At his or her discretion, prepare and recommend to the City Council rules governing the purchase of supplies, services, and equipment for the City.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, §§ 2—4, 2-16-16)

The City Manager may authorize in writing any agency or department to purchase or contract for specified supplies, services, and equipment independently of the Purchasing Officer, but shall require that such purchases be made in conformity with the procedures established by this Chapter and may further require periodic reports from the agency or department of the purchases and contracts made under such written authorization.

(Ord. 627 § 2 (part), 1999)

Using departments shall submit requests for supplies, services, and equipment to the Purchasing Officer by standard requisition forms as established by the Purchasing Officer.

(Ord. 627 § 2 (part), 1999)

Purchases of supplies, non-professional services, equipment, the sale of personal property, and public work projects shall be by bid procedures set forth herein.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 5, 2-16-16)

Purchases of supplies, non-professional services, and equipment shall be made by procedures established by the Purchasing Officer.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 6, 2-16-16)

Except in cases of emergency, the Purchasing Officer shall not issue any purchase order unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 7, 2-16-16)

The Purchasing Officer or requesting department shall inspect supplies and equipment delivered and contractual services performed to determine their conformance with the specifications set forth in the order or contract. The Purchasing Officer shall have the right to waive any defect or informality. The Purchasing Officer shall have the authority to require chemical and physical tests of samples, submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.

(Ord. 627 § 2 (part), 1999)

All using agencies or departments shall submit to the Purchasing Officer, at such times and in such forms as the Purchasing Officer shall prescribe, reports showing all supplies and equipment no longer used or which have become obsolete or worn out. The Purchasing Officer shall keep regular logs showing the supplies and equipment disposed of, the method of disposal, and the amounts (if any) recovered from its disposal and maintain records for public inspection relative to the disposal of supplies and equipment. The Purchasing Officer shall have the authority to sell all supplies and equipment which cannot be used by any agency or department, or to exchange the same or trade in the same for new supplies and equipment. Sale shall occur by a bona fide public auction or a competitive process that is approved by the Purchasing Officer. The Purchasing Officer, upon having received the prior written approval of the City Manager, may cause equipment or supplies that cannot be or are not used by any agency or department to be donated or sold to another governmental agency, without a public auction or competitive bid process having been utilized. All supplies and equipment shall be disposed of in accordance with the provisions of this Chapter and all State and federal laws.

(Ord. 679 § 1, 2007: Ord. 627 § 2 (part), 1999)

Purchases of equipment, supplies and non-professional services of estimated value of ten thousand dollars ($10,000.00) or less may be made by the Purchasing Officer in the open market. Requests for purchases shall be made on forms prescribed and provided by the Purchasing Officer (requisition forms and purchase orders).

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 8, 2-16-16)

Purchases of supplies, equipment and non-professional services of an estimated value of more than ten thousand dollars ($10,000.00) and less than twenty-five thousand dollars ($25,000.00) shall be made by informal procedures as described herein.

(a) Purchasing Officer shall solicit proposals by telephone or written request to prospective vendors.

(b) Informal purchases shall be based on at least three (3) proposals unless the product or service is proprietary, or unless after reasonable efforts are made to obtain three (3) proposals only a lower number can be obtained. The order shall be awarded to the lowest responsible proposer, consistent with quality and delivery requirements.

(c) The Purchasing Officer is authorized to award contracts and orders set forth herein.

(d) Bids shall be submitted to the Purchasing Officer who shall keep a record of all informal orders and bids for a period of twelve (12) months after placement of the order. This record, while so kept, shall be open to public inspection.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 9, 2-16-16; Ord. No. 728, § 3(A), 7-17-17)

(a) Disposition of non-real property with value of ten thousand dollars ($10,000.00) or less.

Disposition of property, other than real property, with an estimated value of ten thousand dollars or less may be made by the City Manager or his designee (Disposal Officer) informally in the open market without bids or other formal procedures.

(b) Disposition of non-real property with an estimated value in excess of ten thousand dollars ($10,000.00) but less than twenty-five thousand dollars ($25,000.00) shall be made by informal procedures as described herein.

(1) The Disposal Officer shall solicit offers by telephone or written request to prospective purchasers, lessees or persons acquiring the property under any other method of disposition which the Disposal Officer shall determine to be in the public interest.

(2) Informal dispositions shall be based on at least three (3) offers, or, if after reasonable efforts are made to obtain other offers, only two (2) offers are received, on the better of the offers received, or, if only one (1) offer is received on that offer. The disposition shall be made to the responsible offeror providing the best overall compensation or expectation thereof to the City, taking into account the terms of purchase and the intended location and use of the property. If no offers are received, the Disposal Officer may seek to dispose of the property on the open market as circumstances require.

(3) The Disposal Officer may waive defects in offers, obtain clarification of the terms of any offer, refuse all offers, commence a new disposal process or terminate the disposal process. No defect in any offer or in the process shall cause a final disposition to be invalid. If two or more offers are substantially identical, the City may choose the successful offer at its sole discretion. The Disposal Officer's determination that a proposal offers greater value to the City, taking into account both economic and non-economic benefits is final as to all offerors, but may be overturned, revised or rejected by the City Council on its own volition. No right of appeal exists for unsuccessful offerors.

The Disposal Officer is authorized to make disposition of the surplus property in accordance with the provisions set forth herein.

(4) Informal offers and bids received shall be retained by the Disposal Officer who shall keep them in the records of the City for a period of twelve (12) months after disposition of the property. This record, while so kept, shall be open to public inspection.

(c) Disposition of Surplus Real Property. Disposition of surplus real property shall be made in accordance with the provisions of this section.

(1) The procedures in this section are separate from and independent of any provisions of the Government Code affecting the obligation of a municipality to provide notice to other public entities of the availability of surplus property.

(2) The methods available for disposition, permanent or temporary, may include sale, lease, lease-option, or other form of permanent or temporary disposition, and may include: (i) sale of the fee title in the property, with or without possession; (ii) lease for a term of years or rental for a shorter term or month-to-month, with or without an option to purchase, renew or repurchase; (iii) license to use; (iv) lesser interests including easements or limited licenses; (v) or disposition of other real property interests recognized in the law, all of which is cumulatively defined herein as interests.

(3) The Disposal Officer shall make a determination, based upon available information and judgment, as to the preferred form of disposition, taking into account the financial benefit or benefits to the City, the preferred use of the property within the community, opportunities for revenue growth to the City from tax revenue or other form of income available through the designated method of disposition or by operation of law, the state of the market for such an interest, and any other considerations that the Disposal Officer shall deem appropriate.

(4) The Disposal Officer may seek a disposition by one or more means simultaneously, may abandon any method which the Disposal Officer determines unproductive, and may switch methods for the same reasons. Prior to undertaking efforts to dispose of the interest in the manner which the Disposal Officer has determined to apply, the approval of the City Council as to the type of interest, method and the proposed terms of disposition shall be obtained. The Disposal Officer may, without prior consent of the City Council, take steps, which the Disposal Officer deems reasonable, to preliminarily explore the viability of the proposed method of disposition or the specific terms thereof, none of which may bind the City in any way. In the event of any substantive change in the Disposal Officer's method or means of disposal, the Disposal Officer shall obtain City Council approval or ratification at the first reasonable opportunity.

(5) The method(s) of disposition may involve: (i) listing with a licensed real estate broker with demonstrated qualifications in marketing the kind of interest which is the subject of disposition, on brokerage terms which are industry standard or are reasonable given the circumstances; (ii) directly marketing to potential buyers, lessees, or other users of the interest; (iii) working with consultants, industry groups or others experienced in the type of interest and/or method of disposition in question or in a position to assist in the Disposal Officer's efforts; or (iv) undertaking any other reasonable means of seeking persons or entities interested in acquiring the interest. The proposed means of marketing the interest shall be the subject of City Council approval.

(6) The Disposal Officer may bundle two (2) or more interests together, whether interests of a similar nature or disparate interests, where the disposition may be assisted by such bundling, and seek disposition of those interests as a group if circumstances make doing so reasonable.

(7) The provisions of this section shall be interpreted liberally in favor of providing the Disposal Officer with the maximum flexibility to determine the type of interest to be disposed of, the means or terms of disposing of same or any other condition which the Disposal Officer reasonably believes is in the public interest, subject to the approval rights of the City Council as provided herein. A formal public bid process, requests for statements of qualifications or requests for proposals shall be permitted but are not required if circumstances mitigate in favor of another method or methods of disposal in the reasonable determination of the Disposal Officer after approval by the City Council.

(8) Any final agreement or contract for disposition of any interest shall not become final until approved by the City Council after presentation to the City Council of the final agreement or contract. In approving said contract or disposition, the City Council shall make findings that support the method and terms of the disposition, and the type of interest being marketed. No contract with any third party for the payment of a fee for assistance in marketing or selling the interest, whether licensed by the State of California or otherwise, shall be valid without prior City Council approval or subsequent ratification.

(Ord. No. 728, § 3(C), 7-17-17)

Purchases and contracts for supplies, equipment and non-professional services of estimated value in excess of twenty-five thousand dollars ($25,000.00) shall be made or let by the formal procedures set forth herein.

(a) The Purchasing Officer shall mail notices inviting formal bids. The notices shall be mailed to all qualified vendors on the bid list, if existing, or who have requested their name to be added thereto unless the products or service is proprietary.

(b) The notices shall be mailed no later than ten (10) calendar days before the opening date of the bids. The notices shall describe the commodities or services in general terms, how to obtain more detailed information, and state the time and place for submission of bids.

(c) The notice inviting bids shall be published at least fourteen (14) days before the opening date of the bids. Notice shall be published at least twice, not less than five (5) days apart, in a newspaper of general circulation, printed and published in the City, or, if there is none, in a newspaper of general circulation which is circulated within the City. The notice shall be posted in public places in the City that have been designated by resolution as places for placing public notices.

(d) The City Clerk shall also post a notice of pending purchases or sales of surplus property on a public bulletin board in the City Hall.

(e) Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. Bids shall be opened in public by the City Clerk or designee at the time and place stated in the public notices. A tabulation of all bids 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.

(f) Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this Chapter. The decision of the City Council shall be final.

(g) In its discretion, the City Council may reject any bids presented, abandon the purchase, or re-advertise. After rejecting the bids submitted, the City Council may re-advertise by declaring that the materials or supplies can be furnished at a lower price in the open market and may award the contract in the open market without further complying with this section.

(h) If two (2) or more bids received are the same and lowest, the City Council may accept the one it chooses.

(i) If no bids are received, the contract may be let in the open market, or by the informal procedures set forth herein.

(j) 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. No defect or informality shall void any contract entered into.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 10, 2-16-16; Ord. No. 728, § 3(B), 7-17-17)

For contractual services covered by Section 2561 (non-professional services), contractors that meet the following requirements shall comply with the requirements of Sections 2561.1 through 2561.10;

(a) The contractor has entered into a contract with the City to provide contractual services that have an estimated value of thirty-five thousand dollars ($35,000.00) or more for any consecutive twelve (12) month period; and

(b) The contractor has ten (10) or more employees at the time the contract is awarded by the City, or at such time that the contract is renewed or extended.

Corporations that are organized pursuant to Internal Revenue Service Code Section 501(c)(3) shall not be subject to the requirement of Sections 2561.1 through 2561.10. The City Council may, in its discretion, require businesses that receive financial incentives from the City to pay the minimum wage amounts identified in Sections 2561.1 through 2561.10 pursuant to a contract entered into between the City and the business.

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

All contractors subject to the requirements of Sections 2561.1 through 2561.10 shall pay its covered employees during the term of the contract covered by Sections 2561.1 through 2561.10, an hourly rate of not less than nine dollars and thirty-five cents ($9.35) per hour if the employer provides the employee with a health benefit plan offered by the contractor to the employee; or, eleven dollars and eighty-five cents ($11.85) per hour if health benefits are not offered by the contractor to the employee.

The living wage rates shall be adjusted to coincide with the adjustments made to salaries granted to the City's general unit employees. After application of the adjustments and at the discretion of the City Manager, these rates may be rounded or slightly adjusted to be more uniform.

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

For purposes of Sections 2561.1 through 2561.10, the following definitions shall be applicable:

"City" means the City of Port Hueneme and all awarding authorities thereof, including entities which exercise independent control over their expenditure of funds, including, but not limited to, the Port Hueneme Redevelopment Agency, Port Hueneme Housing Authority, and the Port Hueneme Surplus Property Authority.

"Code" means the City of Port Hueneme Municipal Code.

"Contractor" means any person or business that enters into a non-professional service contract with the City that is subject to the requirements of Sections 2561.1 through 2561.10 pursuant to Section 2561.1.

"Covered employee" means any employee who performs services for purposes of fulfilling the contractor's contractual obligations for contracts subject to the requirements of Sections 2561.1 through 2561.10, except for employees that are providing administrative support services that are ancillary to the purpose of the contract such as copying, janitorial, and secretarial services. Additionally, volunteers shall not be considered "covered employees."

"Health benefits" means medical, dental and/or life insurance benefits offered by the contractor to its employees that the employer pays at least two dollars and fifty cents ($2.50) for the benefit of covered employees. Proof of the provision of such benefits shall be provided to the City prior to the execution of the contract covered by Sections 2561.1 through 2561.10.

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

The City Manager, or his/her designee, shall have the authority and obligation to perform the following acts for purposes of accomplishing the intent of Sections 2561.1 through 2561.10:

(a) Prepare a notice for contractors to post in their offices for purposes of providing covered employees with notice of the requirements of Sections 2561.1 through 2561.10;

(b) Promulgate rules and regulations for purposes of ensuring that bid specifications and bid requests contain notice of the requirements of Sections 2561.1 through 2561.10, and incorporation of these requirements into contracts subject to Sections 2561.1 through 2561.10;

(c) Review and, as appropriate in the City Manager's judgment, investigate and maintain records of complaints alleging that a contractor has violated the requirements of Sections 2561.1 through 2561.10;

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

A contractor subject to the requirements of Sections 2561.1 through 2561.10, shall post in a conspicuous place, as required by State and federal laws for other notices to employees, a copy of the notice referred to in Section 2561.4(a).

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

The City Council may grant a whole or partial exception to the requirements of Sections 2561.1 through 2561.10 to a contractor, at the time of award of the contract, if it determines that imposition of the requirements of Sections 2561.1 through 2561.10 would violate State or federal laws, or imposition of the requirements of Sections 2561.1 through 2561.10 would result in an undue economic hardship to the contractor. A contractor that desires a determination by the Council that it will not be subject to the requirements of this Chapter must, at the time it submits its bid to the City, provide the City with all of the following:

(a) A written request that it desires to not be subject to the requirements of Sections 2561.1 through 2561.10;

(b) Reference to the specific State or federal laws, if applicable, that would be violated if the City imposed the requirements of Sections 2561.1 through 2561.10 on the contractor;

(c) A detailed explanation, if applicable, of the reasons why, and supporting documents therefore (including financial statements), the contractor would suffer an undue economic hardship if it is subject to the requirements of Sections 2561.1 through 2561.10.

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

Any covered employee may lodge a complaint with the City Manager, or his/her designee, orally or in writing, that a contractor has violated the requirements of Sections 2561.1 through 2561.10. Upon receipt of such a complaint, the following process shall apply:

(a) The City Manager, or his/her designee, shall review and investigate, in his/her discretion, the complaint and determine if the contractor should be issued a preliminary notice of violation from the City Manager which shall also contain the corrective measures the contractor is required to undertake and/or the remedies that are being imposed. If the contractor does not file a timely and sufficient appeal to the preliminary notice of violation, it shall become final and cannot be appealed to the City Manager or City Council as set forth below.

(b) If a contractor receives a notice of violation, the contractor may request in writing an appeal hearing before the City Manager, or his/her designee, to dispute the violation and/or corrective measures and/or remedies required. The request for an appellate hearing shall be filed with the City Clerk within ten (10) days of the date the City Manager issued the preliminary notice of violation and shall contain the reasons why the contractor believes that a violation does not exist and/or that the corrective measures are not appropriate. The City Manager, or his/her designee, shall conduct the appeal hearing within forty-five (45) days of receipt of the appeal request. Within fourteen (14) days of the conclusion of the appeal hearing, the City Manager shall issue his/her findings and final decision with respect to the appeal hearing.

(c) A contractor may appeal the City Manager's final decision to the City Council, or applicable board or commission, by filing a written notice of appeal within ten (10) days of the date set forth on the City Manager's final written decision. The City Council shall conduct a hearing on the appeal within forty-five (45) days of its receipt of the appeal request and either uphold, overturn or modify the City Manager's final decision.

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

The City may impose any of the following corrective measures and/or remedies against a contractor for violations of Sections 2561.1 through 2561.10 in addition to other remedies set forth in this Code:

(a) Order the contractor to comply with all regulations of Sections 2561.1 through 2561.10 within sixty (60) days;

(b) Order payment to covered employees, including restitution, to compensate the employees up to the compensation level required by Sections 2561.1 through 2561.10;

(c) Impose fines in an amount up to five hundred dollars ($500.00) per week for each week and each employee that the contractor failed to meet its obligations under Sections 2561.1 through 2561.10.

(d) Suspend payments under, and/or suspend or cancel contracts between the City and the contractor;

(e) Render the contractor ineligible to enter into contracts with the City for up to the longer time period of three (3) years or until all penalties and restitution to covered employees have been paid.

In addition to the above corrective measures and remedies, the City shall be entitled to seek any and all other equitable and legal rights it may have under federal, State and local laws, including, without limitation, injunctive relief for purposes of enforcing the remedies set forth in this section.

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

A covered employee shall have the right to seek the following remedies against a contractor in a court of competent jurisdiction:

(a) Restitution to compensate the employee for all amounts that should have been paid to the employee pursuant to Sections 2561.1 through 2561.10, including the value of health benefits;

(b) Penalties in the amount of five hundred dollars ($500.00) for each week the employee's rights were violated pursuant to Sections 2561.1 through 2561.10;

(c) Reasonable attorney's fees and costs;

(d) Any and all other legal and equitable remedies available under federal, State and local laws.

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

A contractor shall not discharge, reduce the compensation of, or otherwise discriminate or retaliate against any of its employees for making a complaint to the City, asserting the employee's rights, or assisting another employee in making a complaint or asserting his/her rights, under Sections 2561.1 through 2561.10.

(Ord. 662 § 1 (Exh. A (part)), 2005: Ord. 652 Exh. A (part), 2003)

The bid procedures set forth herein need not be followed in situations determined by the Purchasing Officer to constitute an emergency or when the commodity or service is proprietary, or for the contracting of professional services (e.g. attorneys, architects, or engineers), or for the contracting for trash and garbage service, or for public relations services, or for services connected with election, or for other similar commodities and services as determined by the Purchasing Officer.

(Ord. 627 § 2 (part), 1999)

Following the award of a procurement contract for any materials, supplies, equipment, professional or non-professional services pursuant to this Chapter, the contract may be amended by the issuance of a change order, provided the change which is the subject of amendment is reasonably related to the scope of the original contract. The Purchasing Officer or his/her designee will maintain control relative to the scoping, estimating, and negotiating of the proposed change(s) and the Finance Director will certify the availability of funds for the proposed change in the event that the change order increases the contract cost. Annually a report will be submitted by the Purchasing Officer or his/her designee to the City Council outlining all change orders that have been issued to contracts governed by this Chapter during the reporting period.

Any change order with a total cost in the amount of twenty thousand dollars ($20,000.00) or less may be approved by the Purchasing Officer, provided the aggregate amount of all changes to a particular contract, including the change order under consideration, does not exceed twenty (20) percent of the original contract cost. Any change order in an amount greater than twenty thousand dollars ($20,000.00) shall be approved by the City Council. Any time extension of the performance deadline up to a total of sixty (60) days under a contract may be granted by the Purchasing Officer. Any time extension of a performance deadline that exceeds sixty (60) days shall be approved by the City Council.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 11, 2-16-16)

(a) Purchases of goods or services in an amount greater than ten thousand dollars ($10,000.00) which can be obtained from only one source may be made by the Purchasing Officer without advertising and after approval by the City Council.

(b) The City Council may authorize purchase of supplies, equipment, and services without complying with this Chapter when in the opinion of the City Council, compliance with the procedures is not in the best interest of the City.

(c) The City Manager may authorize emergency purchases of supplies, equipment, or services. For the purpose of this Chapter, emergency purchases are those procurements required to prevent the immediate interruption or cessation of necessary City services or to safeguard life, property, or the public health and welfare.

(d) The Purchasing Officer may authorize purchases when participating in an established governmental "cooperative purchasing program" or when purchasing from a supplier who has been awarded a contract resulting from a formal competitive bid process by another governmental agency within the state or by the federal government.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 12, 2-16-16)

(a) A RFP and/or RFQ is not required for contracts less than ten thousand dollars ($10,000.00).

(b) The City shall not be restricted to engaging in a competitive bidding procedure when seeking to retain specially trained persons or firms to provide services in connection with financial, economic, accounting, engineering, legal, administrative, or other matters involving specialized expertise or unique skills. In securing professional services, the City shall utilize a request for proposals procedure, the method and details of which may be outlined in administrative regulations adopted by the City. The Purchasing Officer may award any contract for professional services when the cost of such contract is equal to or less than twenty thousand dollars ($20,000.00). Any contract for professional services which exceeds the cost of twenty thousand dollars ($20,000.00) shall be awarded by the City Council.

(c) A recommendation requiring City Council approval of a contract shall contain a detailed summary of the evaluation of all proposals received and the basis for the recommended selection.

(Ord. 627 § 2 (part), 1999)

(Ord. No. 723, § 13, 2-16-16)

In addition to price, in determining the lowest responsible bidder, consideration will be given to quality and performance of the supplies to be purchased or services provided by the seller. Criteria for determining low bids shall include, but not be limited to the following:

(a) The ability, capacity, and skill of the bidder, to perform the contract or provide the supplies or services required;

(b) The ability of the bidder to provide the supplies or services promptly, or within the time specified, without delay or interference;

(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(d) The quality of bidder's performance on previous purchases or contracts with the City;

(e) The ability of the bidder to provide future maintenance, repair parts and services for the use of the supplies purchased;

(f) Current compliance by the bidder with Federal acts and executive orders and State of California statutes governing the subject of nondiscrimination in employment, provided that the City Manager shall recognize as proof of noncompliance only the final decisions and orders of those Federal and State agencies empowered under the law to make such findings.

(Ord. 627 § 2 (part), 1999)