Shafter Municipal Code Ch. 2.68 Purchasing and Public Projects Bid Procedures

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Editor's note— Ord. No. 768, § 1, adopted July 17, 2025, repealed the former Ch. 2.68, §§ 2.68.010—2.68.270, and enacted a new Ch. 2.68 as set out herein. The former Ch. 2.68 pertained to similar subject matter and derived from Ord. 428 § 1 (part), adopted in 1990.

There is created the position of purchasing officer who shall be appointed by the city manager.

(Ord. No. 768, § 1, 6-17-2025)

General Category of Purchases. City purchase categories generally consist of the following, for which different procurement methods may apply:

A. Goods. The purchase of goods consists of materials, equipment and supplies needed by any department.

B. Services. City staff may require contracts for services, which fall into two categories:

1. General Services. Services rendered such as custodial services, building/equipment maintenance, and machinery/equipment rental, excluding contracts for public works projects or professional services.

2. Professional Services. Services provided by a person or firm engaged in furnishing of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required.

C. Public Works Projects. Public works pertain to the construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities. Maintenance required to preserve a public improvement is not considered a public work.

Authority to Award Contracts. The following section outlines the various contract award authorities established under the city's purchasing system.

A. Award Authority. Contract award authority is established by dollar threshold for each of the following entities:

1. City Council. Purchases or contracts for goods and services and public works contracts exceeding twenty-five thousand dollars and one cent, must be awarded by the city council.

2. City Manager. Purchases or contracts for goods and services, and public works contracts of between ten thousand dollars and one cent and twenty-five thousand dollars may be awarded by the city manager.

3. Department Directors/Heads. As authorized by the city manager, department heads may make purchases or contracts for goods and services and public works contracts of between five thousand dollars and one cent and ten thousand dollars.

4. Staff Authorized by Department Directors/Heads. Purchases or contracts for goods and services and public works projects of up to five thousand dollars may be made at the staff level as designated by department heads.

Authority to Legally Bind City. Unless specifically authorized as established in this section or elsewhere in city policy, staff other than the city manager and department heads cannot enter into contractual arrangements to purchase goods or services or otherwise legally bind the city for such purchases.

Award Authority Determined by One Transaction. For the purpose of determining the appropriate award authority, contract amounts are defined by what constitutes a single or one transaction. This rule also applies to competitive bidding (the estimate of dollar value of the transaction dictates the level of bidding required).

A. One-Time Purchases. Each discrete, one-time purchase is a single transaction. If the transaction spans multiple years (calendar or fiscal), the entire contract amount over the contract term shall be used.

B. Blanket Purchase Orders. The contract term of a blanket purchase order is generally considered a single transaction, subject to total contract length requirements established in a competitive bidding process.

Examples: A blanket purchase order in the amount of ten thousand dollars that is issued for vehicle parts for a one-year period is a single transaction. Subsequent annual renewals of the blanket order are considered separate, single transactions, unless the original term of the agreement spans multiple years.

A five-year blanket purchase order for on-call maintenance work in the amount of twenty-five thousand dollars each year (for a total of one hundred twenty-five thousand dollars) requires council approval.

C. Contract Amendments. Dollar increases to existing contracts require the sum of the original contract to be added to the amount of the amendment to determine the single transaction value.

Example: The city manager awards a contract for seventy-five thousand dollars and a thirty-thousand dollar amendment is required. the resulting transaction is one hundred five thousand dollars, now requiring council approval.

D. All insurance requirements and minimum amounts shall be established and verified by the city's risk manager, in consultation with the city attorney.

City Manager Authority. The city manager or designee shall:

A. Prepare and recommend to the city council rules governing the purchase of supplies, services and equipment for the city;

B. Prepare and recommend to the city council revisions and amendments to the purchasing rules;

C. Prepare and implement additional internal controls and prepare necessary administrative policies and manuals to ensure compliance with city council adopted policy.

(Ord. No. 768, § 1, 6-17-2025)

A. The purchasing officer shall have the authority to:

1. Purchase or contract for 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;

2. Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment;

3. Act to procure for the city the needed quality in supplies, services and equipment at least expense to the city;

4. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;

5. Keep informed of current developments in the field of purchasing, prices, market conditions and new products;

6. Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations, including secure electronic vendor, bid, and document management procurement software systems;

7. Supervise the inspection of all supplies, services and equipment purchased to ensure conformance with specifications as prescribed by this chapter.

8. Recommend the transfer of surplus or unused supplies and equipment between agencies or departments as needed, and the sale of all supplies and equipment which cannot be used by any agency or which become unsuitable for city use;

9. Maintain a bidder's list, vendor's catalog file and records needed for the efficient operation of the purchasing department;

B. Exemptions. The purchasing officer, with the approval of the city manager, may authorize in writing any agency or department to purchase or contract for supplies, services and equipment independently of the purchasing department, but shall require that such purchases or contracts be made in conformity with the procedures established by this chapter and may further require periodic reports from the agency or department on the purchases and contracts made under such written authorization.

The following may be appropriately justified as exemptions to the competitive bidding requirement:

1. Emergency procurements as defined herein.

2. Contractual or construction costs from public utility companies to engineer or obtain services necessary for city projects or to relocate their facilities.

3. Situations where solicitations of bids or proposals would for any reason be unavailing or impossible.

4. Professional or specialized services as defined in Subsection 2.68.20(b), General Categories of Purchases.

5. Public library collection materials.

6. Insurance, bonds or financial services.

7. Single or sole source goods or services as defined herein.

8. Highly specialized equipment developed or designed for a special activity or function or whose purpose is in the best interests of the city due to compatibility with existing equipment or training of personnel.

9. Procurements funded by grants, donations or gifts when any special conditions require the purchase of particular materials and/or services.

10. Purchase of surplus property owned by another public entity, or payment to other public entities or utilities.

11. Membership dues, conventions, training, travel arrangements, or advertisements in magazines, newspapers, or other media.

12. Works of art, entertainment or performance.

13. Goods procured for resale to the public.

14. Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such situations the awarding authority may proceed to have the goods procured or services performed without further competitive bidding.

15. Computer software license or subscription renewals.

16. Refuse, solid waste, recycling and similar services.

17. Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the purchasing officer may:

a. Limit bidding to a specific product type, or a brand name product; or

b. Utilize a request for proposal approach where warranties, service and/or maintenance obligations, and product performance will be evaluated in addition to the price of the product. The award of the contract should be to the proposer which staff deems is in the best public interest.

18. Sole Source Purchases. Unique commodities or services that can be obtained from only one vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing city products are exempt from the competitive bidding requirements and are deemed sole source purchases. Sole source purchases may also include proprietary items sold direct from the manufacturer.

a. All sole source purchases shall be supported by written documentation indicating the facts and nature supporting the determination of a sole source, signed by the awarding authority and forwarded to the purchasing officer.

b. Approval of any sole source acquisition shall be obtained from city council for an award of a contract for an amount exceeding twenty-five thousand dollars.

19. Cooperative and Piggyback Purchasing. The requirements of this chapter shall not apply to purchasing of any equipment or supplies which the purchasing officer determines to be in the best interest of the city obtained through a cooperative competitive bidding procedure or a "piggyback" contract prepared by and processed through another local, state, or federal governmental agency or joint powers authority made up of government agencies, including, but not limited to, the California Multiple Award Schedules (CMAS), California Communities, US Communities, General Services Administration (GSA) or Government Wide Acquisition Contracts (GWAC). The dollar limits shall be the equivalent to or better than that provided to the other agency or cooperative entity pursuant to the cooperative or piggyback contract awarded by the other agency or schedules approved by the cooperative entity. Approval of any cooperative and piggy-back purchase shall be obtained from city council for an award of a contract for an amount exceeding twenty-five thousand dollars.

(Ord. No. 768, § 1, 6-17-2025)

The following section explains the various contracting requirements associated with making purchases with city funds.

A. Contract Award. A contract is not considered to be awarded until it is approved by the appropriate award authority, i.e., the city council, city manager or authorized department head as described in Section 2.68.20.

B. Standard Contract Terms and Conditions. Use of the city's standard contracts (or terms and conditions for purchase orders) provided by the city attorney are preferable to using vendor-provided contracts. If presented with a vendor-provided agreement, staff should attempt to replace it with the city's standard agreement or standard terms and conditions for purchase orders. The purchasing officer can assist with the negotiation process as necessary.

C. Written Contract Requirement. Written contracts on city templates provided by the city attorney are required for services with a value of five thousand dollars and one cent or more. Services with a value equal to or less than five thousand dollars may be paid with purchase orders with standard terms and conditions unless compelling factors such as liability or risk dictate the use of a written agreement. All professional service agreements and public works projects shall require execution of a written contract.

D. City-provided Scope of Work Requirement. Contracts should include a well-defined scope of work provided by city staff and the use of consultant or vendor-provided scope should be minimized to the greatest extent possible.

E. No Contract Splitting. Under no circumstances can any contract be split or separated into smaller components to determine the appropriate award authority or for any other purpose.

F. Contract Types. The city utilizes several different types of contracts depending on the nature of the purchase and requirements of the city risk manager.

1. Purchase Orders. Purchase orders are used to make discrete, non-recurring purchases of goods and/or services. Depending on the cost and complexity of the purchase, a written agreement may be required. Purchase orders are required for most city transactions.

2. Blanket Purchase Orders. Blanket purchase orders are term contracts, usually established for one-year periods for routine, recurring or as-needed purchases of goods and/or services. Blanket purchase orders can be renewed annually according to the terms established through competitive bidding or negotiation, or as approved by the appropriate award authority. Blanket purchase orders may also be established for multi-year periods and/or as master goods/services agreements.

Blanket purchase orders may be established for as-needed small construction or maintenance projects and/or for urgent or emergency repairs where time is of the essence. These types of arrangements are referred to as Job Order Contracts (JOCs) and are bid on a unit cost basis with contracts awarded based on not-to-exceed amounts approved by the appropriate award authority.

3. Service Agreements. Depending on the cost and complexity, agreements may be required for general or professional services. These are referred to as General Services Agreements (GSAs), Professional Services Agreements (PSAs), Letter Agreements, Master Service Agreements (MSAs) or Master Professional Service Agreements (MPSA).

4. Confirming Orders. Confirming orders are written purchase orders that confirm previously placed verbal orders. This form of contract may be utilized for urgent or emergency purchases but requesting departments must use prudent judgment.

G. Key Contracting Prerequisites. Contractors or vendors conducting business in the city or working on city property or in city rights-of-way must be properly licensed, insured, and otherwise comply with all lawful requirements such as obtaining a business license as required by the finance department and having appropriate insurance coverage as required by the risk manager. The contractor or vendor must include the city of Shafter as an "additional insured" on their insurance policy and provide up-to-date insurance certificates with required policy endorsements. These requirements must be met before any work can commence.

(Ord. No. 768, § 1, 6-17-2025)

Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies, services and equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

(Ord. No. 768, § 1, 6-17-2025)

The city manager may approve line item transfers of funds within the same department so long as the total departmental budget is not increased. The city council may approve an increase in a departmental budget by minute order or by separate resolution.

(Ord. No. 768, § 1, 6-17-2025)

The purchasing officer or designee 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 required specifications.

(Ord. No. 768, § 1, 6-17-2025)

All using agencies and departments shall submit to the purchasing officer, at such time and in such form as prescribed, reports showing all supplies and equipment no longer used or which have become obsolete or worn out. The purchasing officer shall have the authority to sell all supplies and equipment which cannot be used by any agency or department or which have become unsuitable for city use or to exchange the same or to trade on new supplies and equipment. Such sales shall be pursuant to Section 2.68.200 et seq.

(Ord. No. 768, § 1, 6-17-2025)

There is created the position of bid contract officer who shall be appointed by the city manager.

(Ord. No. 768, § 1, 6-17-2025)

The bid officer shall have the authority to:

A. Discourage uniformed bidding and endeavor to obtain as full and open competition as possible on all purchases;

B. Maintain such forms as reasonable and necessary to the operation of bid procedures and of the rules and regulations, including secure electronic vendor, bid, and document management procurement software systems;

C. Maintain a bidders list and such other records as needed for the effective and legal operation of bid procedures; and

D. Supervise and perform all duties and obligations required by the city in connection with initiating and conducting bidding procedures.

The purchasing officer and the bid contract officer shall coordinate their work in order to efficiently operate bidding procedures in connection with the purchases of supplies, services and equipment. All requests for purchases of supplies, services and equipment made by city agencies and departments shall be first directed to the purchasing officer. The purchasing officer shall then forward such requests of the agency or department to the bid contract officer.

(Ord. No. 768, § 1, 6-17-2025)

To select an appropriate procurement method, employees should know the category of purchase (type of goods, services or public works project) and have an estimated cost in mind. For goods and services purchases, competitive bidding and approval thresholds are determined by each transaction.

A. Goods and Services Transactions Ten Thousand Dollars or Less. Goods and services ten thousand dollars or less may be made without a competitive process. However, nothing should preclude employees from "value shopping" to help ensure that the best possible value is being obtained in exchange for public funds.

B. Goods and Services Purchases between Ten Thousand Dollars and One Cent and One Hundred Thousand Dollars. Goods and services purchases with an estimated value of between ten thousand dollars and one cent and one hundred thousand dollars in a single transaction must be procured using informal bidding or proposal procedures established in Subsection 2.068.220. A request for a minimum of three bids must be documented.

C. Goods and Services Purchases over One Hundred Thousand Dollars and One Cent. Goods and services purchases with an estimated value of over one hundred thousand dollars [and one cent] in a single transaction must be procured using formal bidding or proposal procedures established in Subsection 2.68.230 (Purchasing Procedures).

D. Exemption from Award to Lowest Bid for Professional Services. Notwithstanding the anticipated cost of professional services, awards shall be made based on demonstrated competence and/or fitness for the particular professional service required.

E. Public Projects. Public projects anticipated to exceed One hundred thousand one dollars must be conducted through sealed bidding and awarded by the city council, in accordance with the formal bidding procedures established in Section 2.68.230. For purposes of this code, "public projects" or "public works projects" means 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. Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

4. "Public projects" 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 of 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 or waste disposal systems or city owned utility.

f. For purposes of this section, "facility" means any plant, building, structure, ground facility, utility system, real property, streets and highways, or other public work improvement.

(Ord. No. 768, § 1, 6-17-2025)

The city engineer or his designee shall approve the plans, specification and working details of all public works projects. The city council shall authorize bid requests for all public works projects in excess of one hundred thousand dollars and shall approve and adopt the plans, specifications, and working details for all public works projects in excess of twenty-five thousand dollars prior to commencing construction. The city engineer is delegated authority to approve and adopt the plans, specifications, and working details for all public works projects less than or equal to twenty-five thousand dollars.

Upon the recommendation of the public works director and city attorney, the city council shall have the authority to require a performance bond and other bonds before entering a contract in such amount as it shall find reasonable and necessary to protect the best interests of the city. If the city council requires such bond(s), the amount of the bond shall be described in the notice inviting bids and its form shall be determined by the city attorney.

The city council shall approve the scope of work for any purchases of equipment, supplies, materials, and professional or general contractual services exceeding one hundred thousand dollars and one cent before these are bid.

(Ord. No. 768, § 1, 6-17-2025)

Public work projects and/or purchase of supplies, services and equipment shall not be split into smaller work orders or projects for the purpose of abating the provisions of this chapter requiring formal or informal bidding.

(Ord. No. 768, § 1, 6-17-2025)

A list of qualified contractors, identified according to categories of work, shall be developed and maintained by the bid contract officer or their designee.

(Ord. No. 768, § 1, 6-17-2025)

Public works projects of ten thousand dollars or less may be performed by the employees of the city by force account, by negotiated contract, by purchase order, or be let to contract by the department head.

(Ord. No. 768, § 1, 6-17-2025)

Public works projects greater than ten thousand dollars and one cent but less than or equal to twenty-five thousand dollars may be let to contract by the city manager by force account, by negotiated contract, or by purchase order.

(Ord. No. 768, § 1, 6-17-2025)

Public works projects greater than twenty five thousand dollars and one cent but less than or equal to one hundred thousand dollars may be let to contract by the city council using the informal procedures set forth herein.

A. The bid contract officer or designee shall mail, fax, or e-mail notices inviting informal bids. The notices shall be mailed to a minimum of three qualified contractors on the list maintained pursuant to Section 2.68.140, unless the product or service is proprietary or another exemption applies.

B. The notices shall be mailed, faxed, or emailed not less than ten calendar days before the opening date of the bids. The notices shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

C. Bids shall be submitted to the bid contract officer or designee who shall keep a record of all informal bids and orders for a period of one year after placement of the bid and/or order. This record, while so kept, shall be open to public inspection.

D. The city council is authorized to award informal bid contracts and orders pursuant to this section, but may award contracts using the formal bid procedures at his/her discretion. Orders shall be awarded to the lowest responsible bidder submitting a responsive bid.

(Ord. No. 768, § 1, 6-17-2025)

Public works projects of greater than one hundred thousand dollars and one cent ($100,000.01) must be let to contract by the city council using the formal procedures set forth herein. A secure electronic bidding software platform that performs similar procedures may be substituted by the bid contract officer.

A. The bid contract officer or designee shall mail, fax, or e-mail notices inviting formal bids. The notices shall be mailed, faxed, or e-mailed to all qualified contractors on the list maintained pursuant to Section 2.68.140.

B. The notices shall be mailed, faxed, or e-mailed no later than ten calendar days before the opening date of the bids. The notices shall distinctly describe the project and state the time and place for the submission of bids.

C. The notice inviting bids shall be published at least ten days before the opening date of the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, or, if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance or resolution as the places for placing public notices.

D. Sealed bids shall be submitted to the bid contract officer or designee and shall be identified as bids on the envelope. Bids shall be opened in public by the bid contract officer 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 calendar days after the bid opening.

E. All bidders on public construction projects shall be required to provide bidder's security. The bidder's security shall be an amount equal to, at least, ten percent of the amount of the bid or as prescribed in the public notice inviting bids. The bidder's security shall be in one of the following forms:

1. Cash,

2. Cashier's check made payable to the city,

3. Certified check made payable to the city,

4. Bidder's bond executed by an admitted surety insurer, made payable to the city.

The cash or proceeds shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimate of costs, and publication of notice are paid. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his bid's security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, faxed, or e-mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of a successful bidder to execute the contract, award the contract to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or check is used or to the surety on the bidder's bond if a bond is used. The lowest bidder's security may be applied towards the project bid price.

F. Contracts shall be awarded by the city council to the lowest responsible bidder submitting responsive bid 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 project, or re-advertise. After rejecting the bids submitted, the city council may adopt a resolution by majority vote declaring that the project can be performed more economically by employees of the city, and may have the project done by force account without further compliance with this section.

H. If two or more bids received are the same and lowest, the city council may accept the one it chooses. If no bids are received, the project may be performed by employees of the city by force account, or by the informal procedures set forth in Section 2.68.140, or by negotiated contract.

I. 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.

J. The city manager or designee may approve change orders which do not exceed ten percent of the contract price without returning for approval by the city council.

(Ord. No. 768, § 1, 6-17-2025)

In cases of great emergency, as determined by the city council by resolution, including, but not limited to, states of emergency as defined in Section 8558 of the Government Code, when repair or replacements are necessary to permit the continued conduct of the operation or services of a public agency or to avoid danger to life, health or property, the city council, by majority vote, may proceed at once to expend any sum required in the emergency to replace or repair any public facility without adopting plans, specifications, or working details or giving notice for bids as provided in this chapter. The work may be done by day labor under the direction of the city manager, by contract, or by a combination of the two. The city council, by majority vote, may delegate to the city manager the power to declare a public emergency subject to confirmation by the city council, by a four-fifths majority vote, at its next meeting.

(Ord. No. 768, § 1, 6-17-2025)

Purchases of supplies, equipment, professional and general contractual services of an estimated value of five thousand dollars or less may be made by the purchasing officer or designee in the open market. Requests and purchases shall be made on forms prescribed and provided by the purchasing officer (material requisition forms and purchase orders). Price may be further negotiated upon selection of the bidder.

(Ord. No. 768, § 1, 6-17-2025)

Purchases of supplies, equipment, professional and general contractual services of an estimated value greater than five thousand dollars and one cent, but less than or equal to ten thousand dollars shall be made by department heads in the open market.

(Ord. No. 768, § 1, 6-17-2025)

Purchases of supplies, equipment, professional and general contractual services of an estimated value of greater than or equal to ten thousand dollars and one cent, but less than or equal to one hundred thousand dollars shall be made by the city manager using informal bid procedures as described herein.

A. Informal bid purchases shall document a request for at least three bids unless the product or service is proprietary or another exemption applies. In the case of purchases of supplies and equipment, the order shall be awarded to the lowest responsible bidder, consistent with quality and delivery requirements. In the case of contractual and professional services, the order shall be awarded to the most qualified bidder, in accordance with the needs of the city. Price may be further negotiated upon selection of the bidder.

B. The city manager is authorized to award contracts and orders pursuant to this section.

C. Bids shall be submitted to the bid contract officer or designee, who shall keep a record of all informal bids for a period of one year after placement of the order. This record, while so kept, shall be open to public inspection.

D. Exemption from Award to Lowest Bid for Professional Services. Notwithstanding the anticipated cost of professional services, awards shall be made based on demonstrated competence and/or fitness for the particular professional service required. Price may be further negotiated upon selection of the bidder.

(Ord. No. 768, § 1, 6-17-2025)

Purchases and contracts for supplies, equipment, professional and general contractual services, and the sale of surplus property of estimated value greater than one hundred thousand and one cent shall be let by the formal procedures set forth herein. A secure electronic bidding software platform that performs similar procedures may be substituted by the bid contract officer.

A. The bid contract officer or designee shall mail, fax or e-mail notices inviting formal bids. The notices shall be mailed to all qualified vendors on the bid list or who have requested their name to be added thereto, unless the product or service is proprietary.

B. The notices shall be mailed, faxed, or e-mailed no later than ten calendar days before the opening date of the bids. The notices shall describe the commodities or services, 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 ten calendar days before the date of opening of the bids. Notice shall be published in a newspaper of general circulation or, if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as locations for placing public notices.

D. For purchases of supplies and equipment, sealed bids shall be submitted to the bid contract officer or designee and shall be identified as bids on the envelope. Bids shall be opened in public by the bid contract officer 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 calendar days after the bid opening.

E. Contracts shall be awarded by the city council consistent with the city's needs. The decision of the city council shall be final.

F. In its discretion, the city Council may reject any bids presented, abandon the purchase or re-advertise. If two or more bids received are the same and lowest, the city council may accept the one it chooses. If no bids are received, the contract may be let in the open market or by the informal procedures set forth in Section 2.68.180.

G. 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.

H. In the case of professional services, the order shall be awarded to the most qualified bidder, in accordance with the needs of the city. Price may be further negotiated upon selection of the bidder.

(Ord. No. 768, § 1, 6-17-2025)

In accordance with California Government Code, Section 40602, the mayor shall execute all contracts authorized by the city council. In addition to the mayor, the city manager or their designee is hereby authorized to execute purchase orders, contracts and agreements on behalf of the city when authorized by this chapter or authorized by the city council by minute action or resolution.

At least once per quarter, the city manager shall provide a report to the city council listing all contracts and their amounts approved pursuant to this chapter.

(Ord. No. 768, § 1, 6-17-2025)

A. To promote economic development and maintain a healthy economic base in the city of Shafter, as well as encourage businesses to move into the city's jurisdiction, the city supports employment and local business opportunities which in turn promote the city's economic growth. As such, the city has determined it is in its best interest to provide a preference to local vendors.

B. Local Preference in Purchasing. In the bidding of, or contracting for procurement of supplies, materials, and equipment as provided in these sections, the purchasing officer may give a preference to responsive, responsible, local vendor located in the city of Shafter in an amount not-to-exceed five percent of the local vendors' total net bid price, not to exceed five thousand dollars, whichever is lower. The granting of this local preference shall be approved or not based on a determination by the purchasing officer that quantity and quality of the local product is equal to that of the next lowest bidder.

This local preference is not applicable to: (1) bids for public projects as defined by Public Contracts Code Sections 22002, (2) bids funded by grants which prohibit its use, and (3) contracts for professional, management, general, and special services.

(Ord. No. 768, § 1, 6-17-2025)

The city manager is authorized to dispose of or purchase personal property at auction in compliance with a city council adopted policy.

(Ord. No. 768, § 1, 6-17-2025)

A. The city shall promote the use of environmentally preferable products through proactive buying practices and reference in bid specifications.

B. All departments shall use environmentally preferable products whenever quality, performance, price, and functionality are comparable to their non-environmentally preferable counterparts.

C. Departments may, at their option and with purchasing agent concurrence, require procurement of designated environmentally preferable products. However, there shall be a compelling reason for use of designated environmentally preferable products that may not be otherwise cost-effective.

D. Whenever practical, outside contractors and consultants shall use environmentally preferable products in performing their duties related to city business.

(Ord. No. 768, § 1, 6-17-2025)