Shasta Lake Municipal Code Ch. 2.32 Purchasing System

Footnotes:

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Editor's note— Ord. No. 21-287, Exh. A, adopted Apr. 6, 2021, amended ch. 2.32 in its entirety to read as herein set out. Former ch. 2.32, §§ 2.32.010—2.32.100, 2.32.105, and 2.32.110—2.32.160, pertained to similar subject matter, and derived from Ord. No. 97-84 §§ 1—16; Ord. No. 00-127 § 1; Ord. No. 02-140 § 1; Ord. No. 04-160 § 1; and Ord. No. 15-242, adopted Sept. 15, 2015.

A purchasing system is hereby established in order to establish efficient procedures for the purchase or lease of supplies, services and equipment with the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchase, and to clearly define authority for purchasing functions.

(Ord. No. 21-287, (Exh.), 4-6-2021)

This chapter is expressly made inapplicable to:

A. Contracts for public projects as defined by Public Contract Code Section 20161, which have a required expenditure in excess of the limit set by Public Contract Code Section 20162; and

B. Contracts for professional services entered into pursuant to the city's on-call professional services list, up to the contract limit established by the city council; and

C. Contracts for professional services entered into pursuant to a request for proposal (RFP) or a request for qualifications and proposal (RFQ&P) issued by the city, with award determined by the qualification-based selection (QBS) process; and

D. Wholesale electricity and all commodities related to the wholesale electric portfolio; and

E. Contracts entered into for response to a declared emergency or disaster, when said emergency or disaster is declared by the city manager or other applicable authority.

(Ord. No. 21-287, (Exh.), 4-6-2021)

The city manager is designated as purchasing agent. The city manager may delegate all or a portion of the purchasing duties to any city staff member. The purchasing agent shall have the authority to:

A. Purchase, lease, or contract for supplies, services and equipment required by the city, in accordance with purchasing procedures outlined in this chapter;

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

C. Act to procure for the city the necessary quality in supplies, services and equipment at the lowest cost to the city;

D. Establish and maintain such forms as reasonably necessary to the operation of purchasing guidelines;

E. Supervise the inspection of all supplies, services and equipment purchased to ensure conformance with specifications;

F. Approve the disposition, sale, donation, or disposal of all excess supplies and equipment which cannot be used by the city, or which have become unsuitable for city use;

G. Maintain a blanket purchase order list and records needed for the efficient operation of the purchasing system.

(Ord. No. 21-287, (Exh.), 4-6-2021)

Purchasing threshold limits shall be set by resolution of the city council.

(Res. No. 21-20, 3-16-2021; Ord. No. 21-287, (Exh.), 4-6-2021)

Purchase contracts made within the threshold 1 limits may be made by the purchasing agent, without written bid.

(Ord. No. 21-287, (Exh.), 4-6-2021)

Purchase contracts made within the threshold 2 limits shall require a minimum of three written informal bids, and may be awarded to the lowest responsive, responsible bidder by the purchasing agent.

If, after thirty (30) calendar days, the city is unable to procure the requisite three written informal bids due to circumstances beyond the control of the city, the purchasing agent may move forward with award of the purchase contract to the lowest responsive, responsible bidder upon approval by the city manager.

(Ord. No. 21-287, (Exh.), 4-6-2021)

Purchase contracts made within the threshold 3 limits shall be made through the formal competitive bid process as outlined below:

A. A notice inviting bids shall be issued which includes a general description of the supplies, services or equipment to be purchased, where bid forms and specifications may be obtained, the time and place for bid openings, and whether or not a bid deposit or bond will be required;

B. The notice inviting bids shall, at a minimum, be posted in a public place in the city that has been designated by ordinance as the place for posting public notices and shall be published on the city's website at least ten days before the date of opening the bids.

C. When deemed necessary by the purchasing agent, bidders may be required to submit a bid deposit or bond in an amount determined by the purchasing agent. A successful bidder (and his/her surety, if a bond is furnished) shall be liable for any damages upon the bidder's failure to enter into contract with the city or upon the bidder's failure to perform in accordance with the tenor of his bid;

D. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be posted on the city's website;

E. At its discretion, the city may reject all bids presented and re-advertise for bids;

F. The purchasing agent shall award contracts to the lowest responsive, responsible bidder, except as otherwise provided herein;

G. If two or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor.

(Ord. No. 21-287, (Exh.), 4-6-2021)

A. The provisions of this chapter requiring competitive bidding shall not apply to the following:

1. Where the city's requirements can be met solely by a single patented article or process;

2. Situations where no bids have been received following bid announcements under other provisions of this chapter;

3. When a purchase involves goods of a technical nature where it would be difficult for a vendor to bid on a standard set of specifications, the purchasing agent shall undertake a thorough review of known products and a comparison of features which would most closely meet the city's needs at the least cost;

4. Fuel reduction projects and vegetation treatments, with costs at or below the threshold 2 purchasing limit applicable at that time, are exempt from normal competitive bidding. Fuel reduction projects are immediate in nature and have been proven as a means of lessening wildfire hazards, catastrophic fire and its threat to public and firefighter safety, and damage to property;

5. When the city council determines that the purchase or method of purchase would be in the best interests of the city;

B. When the procurement falls into any of the categories listed above, the purchasing agent may authorize contracts made by negotiation; provided, that the amount does not exceed the threshold 2 purchasing limit.

C. Any request for an exception shall be made to the purchasing agent under this section shall include the nature of the contract, amount of the contract, and the reasons why competitive bidding is not feasible. Approval from purchasing agent will be required.

(Ord. No. 21-287, (Exh.), 4-6-2021; Ord. No. 22-297, § 2(Att. A), 12-20-2022)

Orders for supplies or equipment shall not be split into smaller orders for the purpose of evading the provisions of this chapter.

(Ord. No. 21-287, (Exh.), 4-6-2021)

The purchasing agent shall not issue any purchase contract or purchase order that exceeds city council budget authorization.

(Ord. No. 21-287, (Exh.), 4-6-2021)

Nothing contained in this chapter shall prohibit the voluntary participation by the city in any voluntary cooperative purchasing agreement(s) or programs entered into between the city and the state, county and other municipalities, or other cooperative and joint power agency purchasing alliances. The purchasing agent is empowered and authorized to act under the provisions of this chapter to procure for the city supplies, services and equipment in conjunction with such voluntary cooperative purchasing agreement(s) or programs as may be entered into by the city. All formal contract and bidding procedures to be followed in such cases shall be those specifically enumerated in the voluntary cooperative purchasing agreement or program.

(Ord. No. 21-287, (Exh.), 4-6-2021)

All using agencies shall submit to the city manager, at such times and in such form as he or she shall prescribe, reports showing all supplies and equipment which are no longer used to which have become obsolete or worn out. The city manager shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange them for, or trade them in on, new supplies and equipment. The sales shall be made pursuant to the procedures of this chapter, whichever is applicable, except that surplus supplies and equipment may be sold for fair value without competitive bidding to other public agencies or nonprofit agencies providing valuable community services.

(Ord. No. 21-291, § 1(Att. A), 10-19-2021)

Editor's note— Ord. No 21-291, § 1(Att. A), adopted Oct. 19, 2021, enacted a new § 2.32.120 and renumbered the former § 2.32.120, personal purchases not authorized, as § 2.32.130 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

No goods or services for personal use or pleasure may be purchased with city funds. The city reserves the right to charge back the responsible party for all costs determined to be personally motivated.

(Ord. No. 21-287, (Exh.), 4-6-2021; Ord. No. 21-291, § 1(Att. A), 10-19-2021)

Editor's note— See editor's note at § 12.32.120.