Redwood City Municipal Code § 2.65 Goods and Services

Footnotes:

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Editor's note— Ord. No. 2481, §§ 2, 4, adopted May 4, 2020, repealed the former Art. VII, §§ 2.63—2.80, and enacted a new Art. VII as set out herein. The former Art. VII pertained to purchasing and derived from Ord. No. 1081, §§ 1—16; Ord. No. 1340, §§ 1, 2; Ord. No. 1627, §§ 1—9, adopted Apr. 14, 1975; Ord. No. 1860, §§ 1—5, adopted June 14, 1982; Ord. No. 1949, § 1, adopted May 4, 1987; Ord. No. 2104, § 1, adopted Jan. 22, 1996; Ord. No. 2238, § 1, adopted Dec. 5, 2002; and Ord. No. 2263, § 1, adopted May 24, 2004.

This Article shall be known as the City of Redwood City Purchasing Ordinance. The purpose of this Article is to establish procedures and policies for Redwood City contracting and purchasing. It is the policy of Redwood City to utilize competitive bidding processes to obtain the best quality and prices and to allow an alternative method when it would best serve this policy goal. Accordingly, and consistent with the City's Charter, the provisions of this Article shall prevail over any conflicting state law. In the event of a conflict between a provision of the City's Charter and this Article, the City's Charter provision shall prevail.

(Ord. No. 2481, § 4, 5-4-20)

As used in this Article, unless the context otherwise clearly indicates:

BID: A response to a notice inviting bids, a request for proposals, or a request for qualifications for the performance of a public works project, for a purchase of goods and services, or for the performance of professional services, including, but not limited to, a bid, a proposal, and/or a statement of qualifications and experience.

BIDDER: A person or company that submits a bid in response to a notice inviting bids, a request for proposals, or a request for qualifications.

CITY MANAGER: The City Manager of Redwood City or designee.

COMPETITIVE BIDDING PROCESS: A selection process where contractors, service providers and/or vendors compete for the performance of public works projects, for a purchase of goods and services, or for the performance of professional services, and are selected through a formal or informal process that allows full, fair and open competition for all qualified contractors, consultants, and/or vendors with selection based on specified criteria established to best meet the needs of the City. Notices inviting bids, requests for proposals, and requests for qualifications and experience are examples of competitive bidding processes.

COMPETITIVE BIDDING PROCESS BY FORMAL SOLICITATION: A competitive bidding process that awards a contract to a bidder after a notice inviting bids, a request for proposals, or a request for qualifications with public advertisement, and in compliance with the requirements set forth more specifically in this Article.

COMPETITIVE BIDDING PROCESS BY INFORMAL SOLICITATION: A competitive bidding process that awards a contract to a bidder after a notice inviting bids, a request for proposals, or a request for qualifications without public advertisement, and in compliance with the requirements which are set forth more specifically in this Article.

CONTRACT: A written agreement between the City and a contractor, the City and a service provider, and/or the City and a vendor under this Article.

GOODS AND SERVICES: Goods, materials, equipment, supplies or support services.

LOCAL BUSINESS: A business that certifies that it has a valid address within the City at least six (6) months prior to the bid opening date, from which the business operates or performs business on a day-to-day basis, and has a business license as described in Section 32, Article V of this Code.

MASTER SERVICES AGREEMENT: A contract for support services or professional services to be provided on an "as-needed" basis, with a total compensation stated as a maximum limit, which establishes a general scope of work and payment parameters and includes the terms and conditions common to City contracts for the services to be provided under the master services agreement.

ON-CALL CONSTRUCTION WORK: Where construction work and performance are determined by issuing work orders during a fixed period of time, for specific kinds of work (e.g., street repair, structural painting), and with a maximum total contract price.

PROFESSIONAL SERVICES: Services that are performed by independent contractors, and require a professional license or high level of technical skill, including economic and financial services, attorneys, actuaries, psychologists, medical doctors, claims consultants, insurance brokers, technology services, consultants and experts for litigation in which the City or any of the boards, commissions, officers or employees are involved, architect, landscape architect, engineer, environmental project development and permit processing, land surveying, and construction project management.

PUBLIC WORKS PROJECT: Any of the following:

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

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

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

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

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

2. Minor repainting.

3. Resurfacing of streets and highways at less than one (1) inch.

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

5. 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 two hundred thirty thousand (230,000) volts and higher.

STANDING SUPPLY PURCHASE AGREEMENT: A contract for goods and services common to one (1) or several departments on an "as-needed" basis, with a total compensation stated as a maximum limit, which establishes a general order and payment parameters and includes the terms and conditions common to City contracts for goods and services.

SUPPORT SERVICES: Services that are performed by independent contractors, but do not require a professional license or are otherwise less technical in nature than professional services including, but not limited to, security guards, food providers, administrative staff, maintenance workers, groundskeepers, and similar services.

(Ord. No. 2481, § 3, 5-4-20; Ord. No. 2541, § 5, 9-9-24)

The City's purchasing functions shall be governed by this Article and by the City's Administrative Purchasing Policy, which shall be established by the City Manager, as may be amended from time to time. The City Manager is appointed the purchasing agent of the City. The duties of the purchasing agent may be combined with those of any other City officer or position. The City Manager may delegate purchasing agent duties to other City staff. The purchasing agent or their designated representative shall have the duties prescribed by the Administrative Purchasing Policy. The City Manager or City Manager's designated representatives may sign contracts on behalf of the City when authorized by ordinance, resolution, or other action of the City Council and may establish rules and regulations as the City Manager finds necessary to administer this Article, including adoption of the Administrative Purchasing Policy.

The Administrative Purchasing Policy supplements and amplifies the provisions of this Article and generally contains administrative requirements such as purchasing agent and department responsibilities, as well as provisions that require regular review and updating to conform to changing best practices and City needs, including but not limited to: Bidder's security; labor and material payment bond and performance bond; bid opening procedure; irregularities in bids; rejection of bids; tie bids; prequalification of bidders; and statements of qualifications.

(Ord. No. 2481, § 3, 5-4-20)

A. All contracts valued at one hundred thousand dollars ($100,000.00) or more require City Council approval. This amount shall increase annually at the beginning of each fiscal year by the Consumer Price Index for San Francisco-Oakland-San Jose (or its successor index) as published by the U.S. Department of Labor or its successor agency, capped at two (2) percent and rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever amount is lower; but in no event shall the amount decrease.

B. The City Manager is authorized, without City Council approval, to approve and award all contracts valued at less than one hundred thousand dollars ($100,000.00). This amount shall increase annually at the beginning of each fiscal year by the Consumer Price Index for San Francisco-Oakland-San Jose (or its successor index) as published by the U.S. Department of Labor or its successor agency, capped at two (2) percent and rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever amount is lower; but in no event shall the amount decrease.

C. The City Attorney is authorized, without City Council approval, to approve and award all contracts for legal services valued at less than one hundred thousand dollars ($100,000.00). This amount shall increase annually at the beginning of each fiscal year by the Consumer Price Index for San Francisco-Oakland-San Jose (or its successor index) as published by the U.S. Department of Labor or its successor agency, capped at two (2) percent and rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever amount is lower; but in no event shall the amount decrease.

D. The City Manager is authorized to delegate, in writing, authority to approve any and all contracts in an amount of twenty five thousand dollars ($25,000.00) or less. This amount shall increase annually by the Consumer Price Index for San Francisco-Oakland-San Jose (or its successor index) as published by the U.S. Department of Labor or its successor agency, capped at two (2) percent and rounded to the nearest hundred, or five hundred dollars ($500.00), whichever amount is lower; but in no event shall the amount decrease.

(Ord. No. 2481, § 3, 5-4-20)

The City shall award contracts required for public works projects and goods and services to the lowest responsive and responsible bidder.

A. A responsive bidder will have submitted a bid that conform in all material respects to requirements of the bid documents. In determining the lowest responsible bidder, the following factors may be considered in addition to price:

1. The ability, capacity and skill of the bidder to perform the contract or provide the service required.

2. The character, integrity, reputation, judgment, experience and efficiency of the bidder.

3. The quality of performance of previous contracts or services for the City or other contracting parties.

4. The previous and existing compliance by the bidder with the laws and ordinances relating to a contract or service.

5. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services.

6. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

7. Schedule and ability to meet the City's time constraints.

8. Any other criteria appropriate for the type of contract to be awarded.

B. For contracts for on-call construction work, the lowest bidder shall be determined by:

1. The cumulative bid tabulation of sample unit prices and sample material costs; or

2. The lowest bid for an exemplary project when the procurement is based on unit prices and percentage markup as applied to an exemplary project; or

3. Otherwise as set forth in a notice inviting bids.

(Ord. No. 2481, § 3, 5-4-20; Ord. No. 2541, § 6, 9-9-24)

A. Whenever a contract estimated, cost or contract price is referred to in this Article, for the purpose of determining the appropriate purchasing procedure, that cost or price excludes sales tax and freight.

B. No contract shall be subdivided or separated into two (2) or more contracts to avoid the requirements of this Article.

(Ord. No. 2481, § 3, 5-4-20)

A. No contract shall be required for the procurement of goods and services valued at ten thousand dollars ($10,000.00) or less.

B. All contracts entered into by the City pursuant to this Article shall be in writing and shall be executed by the City Manager or other duly authorized officer of the City.

C. All contracts shall require the contracting party, to the maximum extent allowed by law, to defend, indemnify, and hold harmless the City, its officers, officials, employees, and consultants upon the terms specified by the City as being sufficient to cover all damages and loss related to the work, service or purchase provided by the contracting party or its subcontractors or employees.

D. All contracts shall require the contracting party to obtain and maintain such insurance coverage as is specified by the City as being sufficient to protect the City, its officers, officials, employees, and consultants from damages and loss related to the work, service or purchase provided by the contracting party or its subcontractors or employees.

E. All contracts shall require the contracting party to obtain and maintain all licenses and permits as may be required to provide the contracted for goods, materials, equipment, supplies, and services. Contracting parties providing services to the City are required to obtain a City business license. Contracting parties selling goods, materials, equipment or supplies to the City are not required to obtain a City business license.

(Ord. No. 2481, § 3, 5-4-20)

The City shall not be liable for payment or other obligation for a public works project, contract, service, or purchase that was subject to, but failed to comply, with this Article. No provision of this Article shall impose a mandatory duty of enforcement on the City or on any of its officers, officials, employees, boards or councils. If any Section purports to impose a mandatory duty of enforcement, said Section shall be deemed to invest the City, and appropriate officer, official, employee, board or council with discretion to enforce the Section or not enforce it. These procedures are for the City's sole and exclusive benefit. The City's failure to follow, enforce, or expressly include the provisions of this Article in any contract shall not constitute a waiver of this Article's requirements or the City's right of enforcement.

(Ord. No. 2481, § 3, 5-4-20)

The City reserves the right to reject any and all bids.

(Ord. No. 2481, § 3, 5-4-20)

For any public works project, the estimated cost of which is more than ten thousand dollars ($10,000.00), the City Manager or City Manager's designee may solicit from prospective Bidders Statements of Qualifications (SOQ) in a manner consistent with the procedures in the Administrative Purchasing Policy and in conformance with this Article. Prospective bidders shall complete fully the SOQ, which when completed, shall be submitted as a declaration under penalty of perjury. Advertisement of the SOQ to prospective bidders shall be made in the manner of advertising public notice inviting bids. Said responses shall be submitted in sealed envelopes as provided in the SOQ and shall be identified as responses to the SOQ for the designated project. Whenever prequalification is required of any bidder for a contract, it shall be required for all prospective bidders for that contract. The estimated cost that may require prequalification shall be increased annually based on the increase in the Construction Cost Index for San Francisco over the prior one-year period, as published from time to time by Engineering News Record.

(Ord. No. 2481, § 3, 5-4-20)

A. Competitive Bidding Required: Except as otherwise provided in this Article, contracts for public works projects equal to or greater than one hundred thousand dollars ($100,000.00) may be awarded following a competitive bidding process by formal solicitation that complies with the following:

1. Content of Bid: Notices inviting bids shall include a general description of the proposed public works project or on-call construction work, describe how to obtain more detailed information, state where bid forms and specifications may be obtained, and state the time and place for submission of bids, or statements of qualifications and experience. The notice or detailed information shall also describe required contract provisions.

2. Notice Required: Notice to prospective bidders must be provided as follows:

a. By public advertisement inviting bids to be published at least once in a newspaper of general circulation in the City at least five (5) calendar days preceding the day set for the receipt of bids.

b. By notice, inviting bids published on the City's website not less than ten (10) days, and generally twenty-one (21) days, before the date of opening of the bids and as otherwise provided in the City's Administrative Purchasing Policy.

c. By particular requirements set forth by other agencies when state or federal law or a source of funding for monetary grants require that notice be published in accordance with a different schedule than that set forth in this subparagraph and further that those state, federal, or funding source publishing timelines shall control.

B. Administrative Purchasing Policy: The Administrative Purchasing Policy may include additional provisions such as bidder's security; labor and material payment bond and performance bond; bid opening procedures; irregularities; rejection of bids; tie bids; and prequalification of bidders.

C. Award: The contract shall be awarded to the lowest responsive and responsible bidder based on the factors set forth in Section 2.63.5, best meeting the City's needs based on the criteria specified in the bid.

(Ord. No. 2481, § 4, 5-4-20; Ord. No. 2541, § 7, 9-9-24)

A. Competitive Bidding Required: Except as otherwise provided in this Article, contracts for public works projects valued at more than ten thousand dollars ($10,000.00) but less than one hundred thousand dollars ($100,000.00) may be entered into after a competitive bidding process by informal solicitation that complies with the following:

1. Content of Bid: The notice shall generally describe the proposed public works project or on-call construction work, describe how to obtain more detailed information, and state the time and place for bid submission. The notice or detailed information shall also describe required contract provisions.

2. Notice Required: Notice to prospective bidders must be provided as follows:

a. At least ten (10) days prior to the date the contract will be awarded, City staff shall mail or electronically send a notice in writing requesting bids to those vendors or contractors known to the City as qualified to provide the required type of public works project.

b. By notice, inviting bids published on the City's website not less than ten (10) days, and generally twenty-one (21) days, before the date of opening of the bids and as otherwise provided in the City's Administrative Purchasing Policy.

c. Notice shall be sent to at least three (3) prospective bidders; provided that where less than three (3) prospective bidders are known by the City Manager to exist, such solicitation shall be sent to all those known to the City Manager.

B. Adequacy of Bid Response:

1. Form of Response: Quotations, proposals and informal bids must be in writing but may be submitted by mail, by fax or electronically.

2. Minimum Number of Bids: If fewer than three (3) bids are received, the City Manager shall determine whether to use a competitive bidding process by formal solicitation or to make the award based on less than three (3) bids.

3. Bids Exceeding $100,000.00: If all of the bids received for a public works project exceed one hundred thousand dollars ($100,000.00), the City shall reject all bids and proceed in accordance with Section 2.64.2 as a competitive bidding process by formal solicitation.

C. Administrative Purchasing Policy: The City's Administrative Purchasing Policy may contain additional applicable provisions such as bidder's security; labor and material payment bond and performance bond; irregularities; rejection of bids; tie bids; and prequalification of bidders.

D. Award: The contract shall be awarded to the lowest responsive and responsible bidder based on the factors set forth in Section 2.63.5, best meeting the City's needs based on the criteria specified in the bid.

(Ord. No. 2481, § 3, 5-4-20; Ord. No. 2541, § 8, 9-9-24)

City employees may be used to perform public works projects in accordance with the City's Charter.

(Ord. No. 2481, § 3, 5-4-20)

A. Competitive Bidding Required: Except as otherwise provided in this Article, purchases of goods and services equal to or greater than one hundred thousand dollars ($100,000.00) may be entered into following a competitive bidding process by formal solicitation that complies with the following:

1. Content of Bid: Notices inviting bids shall include a general description of the goods and services to be purchased, describe how to obtain more detailed information, state where bid forms and specifications may be obtained, and state the time and place for submission of bids, or statements of qualifications and experience, as applicable. The notice or detailed information shall also describe required contract provisions.

2. Notice Required: Notice to prospective bidders must be provided as follows:

a. By public advertisement inviting bids to be published at least once in a newspaper of general circulation in the City at least five (5) calendar days preceding the day set for the receipt of proposals.

b. By notice, inviting bids published on the City's website not less than ten (10) days, and generally twenty-one (21) days, before the date of opening of the bids and as otherwise provided in the City's Administrative Purchasing Policy.

c. By particular requirements set forth by other agencies when state or federal law or a source of funding for monetary grants require that notice be published in accordance with a different schedule than that set forth in this subparagraph and further that those state, federal, or funding source publishing timelines shall control.

B. Administrative Purchasing Policy: The City's Administrative Purchasing Policy may include additional provisions such as bidder's security; labor and material payment bond and performance bond; bid opening procedures; irregularities; rejection of bids; and tie bids.

C. Award: The contract shall be awarded to the lowest responsive and responsible bidder based on the factors set forth in Section 2.63.5, best meeting the City's needs based on the criteria specified in the bid.

(Ord. No. 2481, § 3, 5-4-20)

A. Competitive Bidding Required: Except as otherwise provided in this Article, purchases of goods and services valued at more than ten thousand dollars ($10,000.00) but less than one hundred thousand dollars ($100,000.00) may be entered into after a competitive bidding process by informal solicitation that complies with the following:

1. Content of Bid: The notice shall generally describe the proposed goods and services, describe how to obtain more detailed information, and state the time and place for bid submission. The notice or detailed information shall also describe required contract provisions.

2. Notice Required: Notice to prospective bidders must be provided as follows:

a. At least ten (10) days prior to the date the contract will be awarded, City staff shall mail or electronically send a notice in writing requesting bids to those vendors known to the City as qualified to provide the required type(s) of goods and services.

b. Notice shall be sent to at least three (3) prospective bidders; provided that where less than three (3) prospective bidders are known by the City Manager to exist, such solicitation shall be sent to all those known to the City Manager.

B. Adequacy of Bid Response:

1. Form of Response: Quotations, proposals and informal bids must be in writing but may be submitted by mail, by fax or electronically.

2. Minimum Number of Bids: If fewer than three (3) bids are received, the City Manager shall determine whether to use a competitive bidding process by formal solicitation or to make the award based on less than three (3) bids.

3. Bids Exceeding One Hundred Thousand Dollars ($100,000.00): If all of the bids received for the goods and services exceed one hundred thousand dollars ($100,000.00), the City shall reject all bids and proceed in accordance with Section 2.65.1 as a competitive bidding process by formal solicitation.

C. Administrative Purchasing Policy: The City's Administrative Purchasing Policy may include additional provisions such as bidder's security; labor and material payment bond and performance bond; irregularities; rejection of bids; and tie bids.

D. Award: The contract shall be awarded to the lowest responsive and responsible bidder based on the factors set forth in Section 2.63.5, best meeting the City's needs based on the criteria specified in the solicitation.

(Ord. No. 2481, § 3, 5-4-20)

A. Standing Supply Purchase Agreements: Standing supply purchase agreements may be entered into with specific vendors for purchase of repetitive-use goods, materials, equipment, and/or supplies common to one (1) or several departments. The standing supply purchase agreements will be subject to the competitive bidding process prescribed in this Section 2.65 (depending on contract price) and will establish the basic contractual terms, including specific goods, materials, equipment and/or supplies and payment terms with a total compensation stated as the maximum limit.

B. Master Services Agreements: Master services agreements may be entered into with specific vendors for support services to be provided on an "as-needed" basis. The master services agreement will be subject to the competitive bidding process prescribed in this Section 2.65 (depending on contract price) and will establish the basic contractual terms, including the specific types of services and payment terms with a total compensation stated as the maximum limit.

(Ord. No. 2481, § 3, 5-4-20)

A. Competitive bidding process by informal solicitation required. Except as otherwise provided in this Article, the procurement of professional services valued at more than ten thousand dollars ($10,000.00) may be entered into after a competitive bidding process by informal solicitation that complies with the following:

1. Content of Bid: The request for proposals and/or statements of qualifications shall generally describe the proposed professional services, describe how to obtain more detailed information, and state the time and place for proposal or qualification submission. The notice or detailed information shall also describe required contract provisions.

2. Notice Required: Notice to prospective bidders must be provided as follows:

a. At least ten (10) days prior to the date the contract will be awarded, City staff shall mail or electronically send a notice in writing requesting bids to those vendors known to the City as qualified to provide the required professional services.

b. Notice shall be sent to at least three (3) prospective bidders; provided that where less than three (3) prospective bidders are known by the City Manager to exist, such solicitation shall be sent to all those known to the City Manager.

B. Adequacy of Bid Response:

1. Form of Response: Proposals and/or statement of qualifications must be in writing but may be submitted by mail, by fax, or electronically.

2. Minimum Number of Bids: If fewer than three (3) bids are received, the City Manager, for legal services the City Attorney, shall determine whether to use a competitive bidding process by formal solicitation or to make the award based on less than three (3) bids.

C. Administrative Purchasing Policy: The City's Administrative Purchasing Policy may include additional provisions such as utilization of the competitive bidding process by formal solicitation when it is determined by the City Manager to be in the best interest of the public.

D. Award: The contract will not necessarily be awarded to the lowest bidder. Selection of a professional services provider will be made on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required at a fair and reasonable price to the City, as determined by the City Manager, or by the City Attorney for legal services.

(Ord. No. 2481, § 3, 5-4-20)

Notwithstanding any provision in this Article to the contrary, highly specialized professional services such as legal, appraisal, right-of-way acquisition or other services similar in nature will not be subject to the competitive bidding process and may be procured by negotiated contract as determined by the City Manager, or by the City Attorney for legal services.

(Ord. No. 2481, § 3, 5-4-20)

Master services agreements may be made with specific consultants for professional services to be provided on an "as-needed" basis. The master services agreement will be subject to the competitive bidding process prescribed in this Section 2.66 (depending on contract price) and will establish the basic contractual terms, including the specific types of services and payment terms with a total compensation stated as the maximum limit.

(Ord. No. 2481, § 3, 5-4-20)

Alternative methods for contracting for public works projects or purchasing goods, materials, equipment or support services and exceptions to competitive bidding processes are authorized as set forth herein.

(Ord. No. 2481, § 3, 5-4-20)

The City may participate in, sponsor, conduct, utilize, or administer cooperative purchasing with other public agencies (including the United States of America, any state, municipality or other public corporation, or agency, including a joint powers authority or quasi-public entity) for the purpose of cooperative purchasing under the following conditions:

A. Purchasing goods and services, professional services, and construction of public works projects through contracts, bid award lists, or schedules of others; provided that competitive purchasing procedures reasonably similar to those required in the City, as determined by the City Manager, were employed to create such contracts, bid award lists, or schedules; or

B. Purchasing goods and services, professional services, and construction of public works projects, through programs, contracts, bid award lists, or schedules created or administered by public agencies to secure the best product or service at the lowest possible price.

(Ord. No. 2481, § 3, 5-4-20)

Subject to authorization of the City Council, the City may utilize an alternate procedure for bidding on building construction projects in excess of one million dollars ($1,000,000.00) pursuant to the procedures in California Public Contract Code section 22160 et seq., and specifically incorporated herein, as it may be amended from time to time.

(Ord. No. 2481, § 3, 5-4-20)

A local business shall be given a one (1) percent preference, calculated on the total taxable amount of the purchase, over a bidder that is not a local business. In cases where considering the one (1) percent preference, two (2) or more bids are judged to be equal on the basis of price, quality and service, the local business shall be preferred.

(Ord. No. 2481, § 3, 5-4-20)

Notwithstanding any provision in this Article to the contrary, the following contracts may be let without any competitive bidding process.

A. Sole Source: A purchase may be made or contract awarded without a competitive bidding process when there is only one (1) reasonable and practicable source for the required goods, materials, equipment, supplies or support service because of its uniqueness, quality, durability, availability, compatibility with existing City programs, equipment or systems or fitness for a particular use. Such a sole source purchase must be determined to meet these requirements and be recommended for approval by the City Manager and shall be approved only on the affirmative votes of at least five (5) members of the City Council.

B. Ten Thousand Dollars ($10,000.00) or Less in Value: Goods, materials, equipment, supplies, support services, professional services, and public works projects, valued at ten thousand dollars ($10,000.00) or less may be contracted without a competitive bidding process but shall be obtained at a reasonable price in a manner that best meets the needs of the City.

C. City's Best Interest: Except where otherwise required by federal law or by reason of the source of funding for the project, goods, materials, equipment, supplies and support services may be obtained by negotiated contract and without a competitive bidding process, when the City Council determines that, due to the nature of the goods, materials, supplies, equipment, or support services:

1. A competitive bidding process is not likely to serve the best interests of the City or to result in the lowest price; or

2. There is a less expensive alternative (e.g. state contract, used equipment, etc.) that will serve the City equally as well.

Such motion shall be approved only on the affirmative votes of at least five (5) members of the City Council.

D. "Emergencies", "emergency procurement" means public works projects or the purchase of goods, materials, equipment, supplies or support services that are required to remedy a situation where the health, safety, welfare or quality of welfare of the public or public property is endangered or severely reduced if:

1. Immediate corrective or preventive action is not taken;

2. The emergency will not permit a delay resulting from a competitive bidding process; and

3. That the action is necessary to respond to the emergency.

Notwithstanding any other provisions of this Chapter, the City Council or City Manager, if the City Manager is acting as the Emergency Director, upon finding that there exists an emergency situation as described herein, may enter into emergency public works projects and make emergency purchases of goods, materials, equipment, supplies or services, provided that such emergency procurements shall be made with such competition as is reasonably practicable under the circumstances. An emergency public works project or purchase shall be limited to those public works projects and goods and services necessary to satisfy the emergency need. The City Manager shall report to the City Council any emergency public works project or purchase made and the basis therefor at the next City Council meeting following such action.

E. Other: Competitive bidding processes may be dispensed with in accordance with any other Section of the City Charter or this Article that provides such an exemption (e.g. highly specialized professional services exemption under Section 2.66.2).

F. Purchases Not Susceptible to Competitive Bidding Process: Except where otherwise required by federal law or by reason of the source of funding for the project, goods and services may be obtained without a competitive bidding process where such purchases are not readily adaptable to the open market and bidding processes. Such purchases include, but shall not be limited to:

1. Utility services (telephone, gas, water, sewer and electricity) provided to City buildings and facilities;

2. Franchises awarded by the City Council;

3. Insurance or bond premiums; and

4. Subscriptions, memberships, software licenses, advertisements and travel expenses.

(Ord. No. 2481, § 3, 5-4-20)

Whenever any public works project is to be constructed pursuant to any improvement ordinance or State Improvement Act, competitive processes provided for therein shall control over any inconsistent provisions of this Article.

(Ord. No. 2481, § 3, 5-4-20)

A. The City Manager is hereby authorized and directed to procure in accordance with this Article, expert personal services of engineering, appraisal, right-of-way acquisition, and legal nature, to the extent that such services are necessary or convenient to the formation and completion of such local special assessment districts as are authorized to be instituted by the City Council and to the extent that unencumbered funds are available therefor.

B. The City Manager is hereby authorized and directed to acquire property necessary or convenient for the completion of public works projects within such local public assessment districts as are authorized to be instituted by the City Council, and to the extent that unencumbered funds are available therefor.

(Ord. No. 2481, § 3, 5-4-20)