Chapter 2.08 — PURCHASES OF GOODS AND SERVICES

This chapter shall be known and may be cited and referred to as the "Purchasing Ordinance of the City of Sunnyvale." (Ord. 2628-99 § 3)

The purposes of this chapter are to define the centralized purchasing system of the city for goods and services authorized and directed by Section 1317 of the city Charter, to provide for the fair and equitable treatment of all persons involved in the purchasing process, to obtain the highest possible value in exchange for public funds, and to safeguard the quality and integrity of the purchasing system. (Ord. 2628-99 § 3)

For the purposes of this chapter, the following definitions apply:

Bid or proposal documents. The documents, including their attachments and addenda, which set forth instructions to bidders or proposers, and are disseminated for the purpose of soliciting bids or proposals.

City employee. An individual who performs services for the city in the capacity of an elected or appointed official, or as a compensated employee of the city or of a temporary services agency retained by the city. "City employee" does not include independent contractors.

Contract. Agreements, regardless of what they may be labeled, between the city and one or more other parties for the purchase or disposition of goods and/or services.

Contractor. Any person who has entered into an agreement with the city for the provision or disposition of goods and/or services.

End user. The city of Sunnyvale or any component thereof requiring goods and/or services.

Financial interest.

(1) Ownership of any interest or involvement in any relationship from which, or as a result of which, a person has received compensation within the past year, or is entitled to, or is currently receiving compensation;

(2) Ownership, whether wholly or in part, of any property or business; or

(3) Status as an officer, director, trustee, partner, employee, or manager of a business.

Goods. Articles moveable at the time of sale, including but not limited to equipment, supplies and materials.

Gratuity. A gift, payment, loan, advance, deposit of money, or service, presented or promised in return for or in anticipation of favorable consideration in the procurement process. "Gratuity" does not include the compensation paid by or due from the city or from a temporary service agency under contract with the city to an employee in connection with the employee's services

for the city.

Immediate family. Any spouse, child, stepchild, parent or stepparent of a city employee. The relationship of parent to child includes both natural and adoptive relationships.

Local business. A business entity with one or more fixed offices and/or locally taxable distribution points within the boundaries of the city of Sunnyvale which holds a current and valid city business license with a Sunnyvale business street address.

Maintenance and repair services. Services intended to preserve and/or restore a public work to a clean, safe, efficient and/or continually usable condition. Maintenance and repair services may include, but are not limited to: carpentry, electrical, painting, plumbing, glazing and other craftwork to preserve a facility in the condition for which it was intended; repairs, cleaning and other operations on machinery and other equipment permanently attached to a facility as fixtures; the mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and the regular removal or relocation of by-products or waste products accumulated at city facilities as the result of ongoing environmental processes.

Person. Any individual, partnership, limited partnership, association, corporation, labor union, committee, club, or governmental, public or quasi-public entity.

Procurement. The acquisition of goods and/or services by the city, including but not limited to purchasing or leasing, and all functions and procedures pertaining to such acquisitions.

Professional services. Services which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience. Such services include, but are not limited to, those provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants.

Purchasing officer. The person designated by the city manager as the purchasing officer of the city, or an individual specifically authorized by the purchasing officer to act on his or her behalf.

Responsible bidder. A bidder determined by the awarding authority:

(1) To have the ability, capacity, experience and skill to provide the goods and/or services in accordance with bid specifications;

(2) To have the ability to provide the goods and/or services promptly, or within the time specified, without delay;

(3) To have equipment, facilities and resources of such capacity and location to enable the bidder to provide the goods and/or services;

(4) To be able to provide future maintenance, repair, parts and service for the use of the goods purchased, if appropriate;

(5) To have a record of satisfactory or better performance under prior contracts with the city and other purchasers where such bidder has previously been awarded such contracts;

(6) To have complied with laws, regulations, guidelines and orders governing prior or existing contracts performed by the bidder, if applicable.

Responsive bidder. A bidder determined by the purchasing officer to have submitted a bid or proposal which conforms in all material respects to the requirements of the bid or proposal documents.

Services. Work performed or labor, time and effort expended by an independent contractor.

Sole source. Contracts for which the city's purchasing officer has determined, after conducting a good faith review of available products and sources, that the city's requirements can be met solely by a single patented, copyrighted or proprietary article or process available from a single source. Examples of acceptable sole source purchases are equipment for which there is no comparable competitive product, a component or replacement part for which there is no commercially available substitute and which can be obtained only from the manufacturer, and an item where compatibility with items in use by the city is the overriding consideration.

Specifications. A description of the physical or functional characteristics or of the nature of the required goods and/or services.

Surplus personal property. Goods owned by the city which are no longer needed or which are obsolete or unserviceable, property that is a by-product (scrap metal, used tires and oil, etc.), or any unclaimed, seized or abandoned personal property in the possession or custody of the department of public safety which may be legally disposed of by the city. (Ord. 2628-99 § 3)

(a) End User. The end user shall:

(1) Identify its procurement needs and the availability of funding;

(2) Submit to the purchasing officer specifications for the required goods and/or services;

(3) Participate in the evaluation of bids and proposals, as required;

(4) Inspect goods delivered and services performed to determine conformity with the
requirements set forth in the bid or proposal documents and with contractual
obligations, authorize payment for conforming goods and/or services and notify the
purchasing officer of nonconforming goods and/or services;

(5) Report to the purchasing officer all surplus property available for disposal.

(b) Purchasing Officer. The purchasing officer shall be responsible for the procurement of goods and/or services for the city in accordance with the provisions of this chapter. No procurement of goods and/or services shall be made by any city employee independently of the purchasing officer except in cases of emergency, unless otherwise authorized in writing by the city manager. The purchasing officer shall:

(1) Prepare and recommend to the city manager operational procedures and forms for the procurement of goods and/or services in cooperation with the end users and for the disposal of surplus personal property;

(2) Procure or supervise the procurement of all goods and/or services needed in coordination with end user;

(3) Process the contracts awarded and have authority to execute all purchase orders regardless of amount, provided that the purchase orders have been approved by the appropriate awarding authority;

(4) Whenever possible, establish standardized specifications and consolidation of

requirements for goods and/or services required by two or more end users;

(5) Determine the types and amounts of bid security and any performance security
acceptable for city procurements;

(6) Exercise general supervision and control over inventories of goods maintained by the
city;

(7) Sell or otherwise dispose of surplus personal property.

(c) City Manager. The city manager shall:

(1) Be the awarding authority for every procurement of goods and/or services for which the cost to the city is two hundred fifty thousand dollars or less in any one transaction;

(2) Be the awarding authority for every procurement of goods and/or services, the cost of which will be fully paid or reimbursed to the city, regardless of amount;

(3) Review the results of all formal competitive bid and proposal solicitations for which the city council is the awarding authority and make recommendations to the city council as to the action to be taken;

(4) Approve methods of procurement alternate to those described in this chapter, if appropriate, for use on an experimental basis and recommend to the city council additions, deletions or modification of the procurement methods authorized by Section 2.08.060;

(5) Execute all contracts awarded by the city council when all necessary conditions have been met.

(d) City Council. The city council shall be the awarding authority for every procurement of goods and/or services for which the cost to the city is greater than two hundred fifty thousand dollars in any one transaction. (Ord. 2628-99 § 3; Ord. 2870-08 § 1; Ord. 3171-21 § 1)

The city manager, after consultation with the director of finance, may delegate authority to procure and award certain goods and/or services to city employees in addition to the purchasing officer, if such delegation is deemed necessary for the effective procurement of those items. Delegation shall be made in advance in writing by the city manager and filed with the city clerk and the director of finance.

The director of finance has authority to make interpretations of this chapter and to adopt policies and procedures consistent with the intent and purpose of this chapter. (Ord. 2628-99 § 3; Ord. 3171-21 § 1; Ord. 3246-25, 9/30/2025)

(a) Informal Competitive Bids or Proposals. Procurements anticipated to cost $100,000 or less in one transaction may be made by informal bid, quotes, or proposals in accordance with the provisions of this chapter. Solicitations may be verbal or written, but bids and quotations must be in writing. Where possible, departments are encouraged to solicit three

written bids or written quotations; however, procurements anticipated to cost $50,000 or less in one transaction are not subject to a minimum number of written bids or quotations.

(b) Formal Competitive Bids. Procurements anticipated to cost more than $100,000 in one transaction shall be made by issuance of written invitations for bids. Bid documents include, at a minimum, the notice inviting bids; instructions to bidders; specifications describing the required goods and/or services; bid forms and schedules; any required bond forms and proposed contract terms and conditions.

(c) Formal Competitive Proposals. Where the city has defined a situation for which it seeks a solution, instead of using a bid, procurements anticipated to cost more than $100,000 in one transaction may be made by issuance of written requests for proposals. The solution may be in the form of goods, services or a combination of goods and services and may require exceptional technical knowledge or professional expertise beyond that available within the end user. The circumstances may require that a contract award be based on factors in addition to price. The purchasing officer may enter into discussions with proposers to achieve clarification, full understanding and responsiveness to the solicitation requirements, but neither the purchasing officer nor any other city employee shall disclose any information derived from proposals submitted by competing proposers prior to contract award or rejection, except to city employees directly responsible for the procurement.

(d) Competitive Negotiation. The purchasing officer may establish, and the bid or proposal documents shall clearly define in a competitive negotiation procurement a two-tiered process in which bids or proposals, as first received, constitute preliminary offers only. Subject to the purchasing officer's judgment, the purchasing officer shall have the authority to enter into negotiations with those persons reasonably likely of being considered for selection for contract award. Following such negotiations, best and final bids or proposals will be accepted by the purchasing officer. Bidders or proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of bids or proposals. During negotiation, there shall be no disclosure beyond the city staff evaluating the matter of any information derived from bids or proposals submitted by competing bidders or proposers. The contract award shall be made to the bidder or proposer whose bid or proposal offers the best value to the city, taking into consideration price and the evaluation criteria set forth in the bid or proposal documents.

(e) Small Procurements. Procurements, the cost of which are $15,000 or less in any one transaction shall be made using simplified and cost effective operational procedures and forms without use of formal or informal bids. Requirements shall not be artificially divided so as to constitute a small purchase under this subsection.

(f) Alternative Methods of Procurement. Subject to the limitations of Section 2.08.070, the purchasing officer shall determine the method for each procurement as in the best interest of the city and in full compliance with this chapter. The purchasing officer may use methods of procurement not included in this section on an experimental basis. Such methods shall not inhibit fair and open competition and shall not compromise the integrity of the procurement process. The purchasing officer shall not use any such method unless it has been approved in advance in writing by the city manager and is not precluded by other requirements of this chapter or state law.

(g) Federal or State Funding. When a purchase of goods and/or services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance

with mandatory applicable federal or state laws or regulations. Such laws or regulations may be incorporated in administrative policies, and periodically updated, as required. (Ord. 2628-99 § 3; Ord. 3171-21 § 1; Ord. 3246-25, 9/30/2025)

(a) Contracts for goods and/or services for which the cost to the city in one transaction will exceed one hundred thousand dollars shall be let by formal competitive bidding or proposals pursuant to this chapter. Procurement requirements shall not be artificially divided so as to avoid the competitive bidding requirement.

(b) The following are exemptions to the competitive bidding requirements:

(1) Professional or specialized services;

(2) Emergency procurements, as defined in Section 2.08.190;

(3) Situations where solicitations of bids or proposals would for any reason be
impractical, unavailing or impossible;

(4) Sole source goods or services;

(5) Insurance and bonds;

(6) Public library collection materials or services for the provision of public library
collection materials or other books or periodicals;

(7) Procurements funded by grants, donations or gifts when the special conditions
attached to the grants, donations or gifts require the procurement of particular goods
and/or services;

(8) Goods and/or services obtained from or through agreement with any governmental,
public or quasi-public entity;

(9) Works of art, entertainment or performance;

(10) Surplus personal property owned by another governmental, public or quasi-public
entity;

(11) Membership dues, conventions, training, and travel arrangements;

(12) Advertisements in magazines, newspapers, or other media;

(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 a situation the city manager may proceed to have the services
performed or the goods procured without further competitive bidding.

(c) The purchasing officer shall conduct negotiations, as appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require competitive bidding.

(d) Nothing in this section shall preclude the solicitation of competitive bids or proposals, when possible.

(Ord. 2628-99 § 3; Ord. 3171-21 § 1)

When deemed necessary for an adequate understanding of requirements, the purchasing officer is authorized to require bidders or proposers to attend pre-bid conferences or site inspections prior to the time and date set for receipt of bids or proposals and to consider nonresponsive bidders or proposers not in attendance. (Ord. 2628-99 § 3)

(a) A notice inviting sealed formal competitive bids or proposals shall be advertised using one or more methods designed to provide reasonable public notice in a manner which will permit current information to be disseminated widely.

(b) The notice shall specify the time on or before which bids or proposals will be received; where and with whom bids or proposals shall be filed; the date, time and place where and when bids or proposals will be publicly opened and the bids of each bidder declared.

(c) At the bidder's request, and where city deems feasible, bid documents may be transmitted to the bidder over the Internet. (Ord. 2628-99 § 3)

(a) Before Date and Time for Receipt of Bids. Bids or proposals which contain mistakes discovered by a bidder before the date and time for receipt of bids may be modified or withdrawn by written notice to the purchasing officer received prior to the deadline.

(b) After Date and Time for Receipt of Bids. A bidder may not change its bid or proposal after the date and time set for receipt of bids.

(c) Withdrawal of Bid. A bidder alleging a mistake in a bid or proposal may be permitted to withdraw its bid or proposal provided that it establishes the following to the satisfaction of the awarding authority and in accordance with state law:

(1) A mistake was made;

(2) The bidder gave written notice of the mistake, and the manner in which it occurred, to the purchasing officer within five calendar days following the deadline for receipt of bids;

(3) The mistake made the price materially different than the bidder intended it to be;

(4) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work or in reading the bid documents;

(d) If the awarding authority deems it to be in the best interest of the city, it may allow the lowest bidder to withdraw its bid and award a contract to the next lowest bidder. In the event that bid security was required and provided by the lowest bidder, the amount of the lowest bidder's bid security shall be applied to the difference between the lowest bid and the next lowest bid and the surplus, if any, shall be returned to the lowest bidder or the

bidder's surety, as applicable. (Ord. 2628-99 § 3; Ord. 3171-21 § 1)

(a) Receipt of Bids.

(1) Small Procurements. Bids of fifteen thousand dollars or less may be submitted verbally provided that the names of all bidders and the date and amount of each bid is recorded by the purchasing officer and maintained as a public record.

(2) Informal Competitive Bids and Proposals. Bids and proposals which are submitted in response to informal competitive bid and proposal solicitations shall be in writing and may be transmitted to the purchasing officer by facsimile machine, by mail, electronically over the Internet, or by any other means of delivery. Bids or proposals received prior to the date and time designated in the solicitation documents shall be retained in confidence by the purchasing officer until the date and time set for the receipt of bids or proposals.

(3) Formal Competitive Bids and Proposals. Sealed bids and proposals submitted in response to formal competitive bid or proposal solicitations shall be received by the purchasing officer at a time, date and place designated in the bid or proposal documents.

(b) Opening of Bids or Proposals. Formal competitive bids or proposals, which are timely received through the city's designated procurement platform, shall be electronically opened by such system at the time specified in the bid notice. The purchasing officer or the purchasing officer's designee shall review the submitted bids following the opening of such bids. The results of the purchasing officer's review shall be communicated to all bidders who submitted bids.

(c) Late Receipt. Formal competitive bids or proposals received after the deadline for receipt of bids shall not be accepted and shall be returned to the bidder unopened unless necessary for identification purposes. The purchasing officer shall submit written notification to the bidder stating what the deadline was, when the bid or proposal was actually received, and that it is being returned because it was received too late.

(d) No Receipt. If no bids or proposals are received in response to a competitive solicitation for goods and/or services, or if none of the bids or proposals meet the requirements as specified in the solicitation document, the purchasing officer may reissue the solicitation or the awarding authority may authorize the procurement of the required goods and/or services without further complying with competitive bidding requirements, or the city may cease the procurement. An authorization to procure without bidding shall be documented and become part of the procurement records available for public inspection. (Ord. 2628-99 § 3; Ord. 3171-21 § 1; Ord. 3246-25, 9/30/2025)

(a) One Bid Received. In the event that a single bid or proposal is received, the purchasing officer shall have the authority to require the bidder or proposer to submit cost or pricing data to assist in determining if the price is reasonable. If the awarding authority determines that a bid price for goods and/or services is not reasonable, it may either reject the bid or it

may authorize the purchasing officer to attempt to negotiate a reasonable price with the bidder or proposer, subject to the awarding authority's acceptance. Negotiation shall be completed within a reasonable time, as specified by the awarding authority. Should such negotiation fail, the bid may be rejected.

(b) Tie Bids. In the event that an identical price is received from two or more responsive and responsible bidders, and in the judgment of the purchasing officer the public interest will not be served by re-advertising for bids, the purchasing officer may determine the successful bidder by the casting of lots with the tie bidders in public at a date and time set by the purchasing officer.

(c) Irregularities. In considering bids or proposals for any goods and/or services contract, the awarding authority may waive, if it wishes to do so, minor defects or irregularities in the bids or proposals, provided that the discrepancy does not affect the bid or proposal amount or give the bidder or proposer an advantage over others. (Ord. 2628-99 § 3; Ord. 3171-21 § 1)

Any person with whom the city has contracted to prepare, or assist in the preparation of, bid or proposal documents, is ineligible to submit a bid or proposal for the provision of the goods or the performance of the services so specified. (Ord. 2628-99 § 3)

(a) Cancellation of Solicitations. The purchasing officer may cancel competitive bid or proposal solicitations before the date and time set for receipt of bids or proposals upon a written determination that such action is in the city's best interest for reasons including, but not limited to any of the following:

(1) The city no longer requires the goods and/or services, as determined by the end user;

(2) The city no longer can reasonably expect to fund the procurement, as determined by the director of finance, city manager or city council;

(3) Proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable.

(b) Rejection of Bids. The city manager may reject, in whole or in part, bids or proposals received in response to informal competitive bid solicitations or in response to formal bids for which the city manager is the awarding authority. The city council may reject, in whole or in part, bids or proposals received for which the city council is the awarding authority. If all bids are rejected, the city has the discretion to readvertise.

(c) Records. The fact that a solicitation was cancelled or bid or proposal rejected shall be made part of the procurement records. (Ord. 2628-99 § 3; Ord. 3051-14 § 1; Ord. 3171-21 § 1)

(a) Best Interest of City. The city may solicit for procurements by line item, in groups, in

phases, or on an all or nothing basis. The city may reserve the right to award a contract to a single bidder or proposer for the entire procurement; to award a separate contract by line item, in groups, in phases, or on an all or nothing basis; or to award a contract for one or more similar goods and/or services to more than one bidder or proposer to ensure adequate delivery and/or service. Subject to the requirements of state and federal law, and the limitations of this chapter, the purchasing officer shall include in the contract such terms and conditions as will promote the best interest of the city.

(b) Term. A contract for goods and/or services may be entered into for any period of time deemed by the purchasing officer to be in the best interest of the city. A contract for goods and/or services for a specified period may provide the city with an option to renew for one or more specific periods, or with a right of renewal for one or more specific periods upon the mutual written consent of the city and the contractor. The term of the contract and options for renewal shall be clearly defined in the bid or proposal documents and funds must be available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.

(c) Modification of Contracts. Modifications of contracts for goods and/or services shall be in writing and shall be issued in accordance with the terms of the original contract. No verbal contract modifications shall be held binding on the city. Contract modifications which result in an increase in the original contract amount must be authorized by the awarding authority, unless there is a provision in the contract otherwise allowing modification of the amount. Modifications to the amount may not result in a violation of the monetary thresholds set forth in this chapter. The city is not required to compensate the contractor for goods and/or services not approved by a written amendment. (Ord. 2628-99 § 3)

Where it is necessary for an awarding authority to take formal action to award a contract, the contract shall not be considered as awarded absent the formal action being taken. (Ord. 2628-99 § 3)

(a) Records Maintenance. The purchasing officer shall maintain records for each procurement which include, at a minimum, the procurement request from the end user; the bid or proposal documents for the procurement, if any; any and all bids or proposals received; the basis on which contract award is made; and a copy of any and all contracts awarded. Such records shall be maintained for a period of time in compliance with state law and the city's records retention schedule and shall be available for public inspection during normal city business hours.

(b) Public Inspection. Informal and formal competitive bids not involving competitive negotiation shall be available for public inspection following the date and time set for receipt of bids. Informal and formal competitive proposals and formal competitive bids involving competitive negotiation shall be available for public inspection following contract award or rejection. (Ord. 2628-99 § 3)

(a) When Required. The purchasing officer shall have the authority to require bid, performance and payment security or specific types and amounts of insurance coverage for specific procurements to the extent required by state law or upon a determination that it is in the best interest of the city to do so.

(b) Bid Security. Bid security, if required, shall be submitted with the bid and shall be a certified check, cashier's check or surety bond issued by an admitted surety insurer authorized to conduct business in the state of California. If a bidder fails to submit the required bid security with the bid, the bid shall be deemed nonresponsive. After bids are opened, bid security is irrevocable for the period specified in the invitation for bids. If the successful bidder fails to execute the contract within the time specified, the total amount of the bid security shall be forfeited to the city.

(c) Performance Security. Performance security, if required, shall be in the form of a bond acceptable to the city and issued by an admitted surety insurer authorized to operate in the state of California.

(d) Form of Bonds. The only bonds acceptable to the city shall be those executed on forms approved by the city attorney and included with the bid or proposal documents.

(e) Insurance. The risk manager shall develop uniform insurance requirements for procurements and shall review and update the insurance requirements periodically. The successful bidder shall submit certificates of insurance and endorsement forms, as applicable, as evidence that it has the type and amount of insurance coverage required by the bid or proposal documents. Such evidence shall be submitted to the risk manager promptly upon request and shall be issued by an admitted insurer authorized to operate in the state of California and acceptable to the city.

(f) Indemnity for Infringement of Patents, Copyrights or Trademarks. Each contractor must hold harmless and fully indemnify the city and its officers, employees and agents from all damages or claims for damages, costs or expenses in law or equity that may arise for any infringement of the patent right, copyright or trademark of any person as a consequence of the use by the city or any of its officers, employees or agents, of goods supplied under a contract. (Ord. 2628-99 § 3; Ord. 3171-21 § 1)

The city manager, the purchasing officer or a department head, or a designee of such individual, may make or authorize others to make emergency procurements, regardless of the cost, if there is an urgent necessity to do so for the preservation of life, health or property. Such emergency procurements shall be made with such competition as is practical under the circumstances and shall be limited to those goods and services necessary to satisfy the emergency need. In such circumstances, the purchasing officer or department head shall provide a written report of the procurement to the city manager, including a description of the emergency and the basis for selection of the particular contractor; and a copy of this report shall be included in the procurement records maintained by the purchasing officer. In the event that such emergency action is necessary and the procurement cost is greater than two hundred fifty thousand dollars in any one transaction, the city manager shall make a full and complete report to the city council

at its next regularly scheduled meeting. (Ord. 2628-99 § 3; Ord. 2870-08 § 1; Ord. 3171-21 § 1)

(a) Subject to the limitations contained in this section, the purchasing officer shall extend a bidding advantage to a local business in the form of a one percent price preference in the evaluation of bids or proposals for the procurement of goods.

(b) The following contracts are exempt from the provisions of this section:

(1) Contracts funded in whole or in part from grants, donations or gifts to the city if the provisions of this section conflict with any special conditions attached to the grants, donations or gifts, provided the special conditions have been approved and accepted pursuant to the donations policy of the city;

(2) Emergency procurements;

(3) Sole source contracts.

(c) After a due process hearing, should the city manager determine that a price preference was received under this section through an intentional misstatement, the recipient of any such price preference shall be subject to a civil penalty of treble the dollar price preference received or one thousand dollars whichever is greater. (Ord. 2628-99 § 3)

(a) Right to Inspect Plant. The city may, at reasonable times, inspect the part of the plant, place of business or work site of a contractor or subcontractor at any tier which is pertinent to the performance of any contract awarded or to be awarded by the city.

(b) Right to Audit Records. The city shall be entitled to audit the books and records of a contractor or subcontractor at any tier to the extent that such books, documents, papers, and records are pertinent to the performance of such contract or subcontract. (Ord. 2628-99 § 3)

(a) Cooperative Procurement. Notwithstanding any other provision of this chapter, the purchasing officer may authorize the city's participation with one or more other governmental, public or quasi-public agencies in a cooperative agreement for the procurement of goods and/or services, provided that at least one of the agencies has solicited bids using methods similar to those set forth in Section 2.08.060.

(b) Use of Another Entity's Solicitation Process. The purchasing officer may authorize the procurement of goods and/or services through the use of a solicitation process initiated by another governmental, public or quasi-public entity, and the resultant award of a contract by that entity, provided that the original parties to the contract agree, the contract was awarded within thirty-six months of the date of city authorization to utilize the contract, the contract is for identical or nearly identical goods and/or services, and the contract resulted from a competitive bid using methods similar to those required by this chapter. In the

discretion of the awarding authority, the city may use the other entity's solicitation process when the contract was awarded beyond the thirty-six month period if the parties mutually agree to the arrangement and the contract terms are in the best interest of the city.

(c) Mutual Aid. The purchasing officer may sell to, acquire from, or use goods belonging to another government, public or quasi-public agency independent of the requirements of this chapter and under the terms agreed upon between the parties, provided that such activity does not adversely affect city services and is approved in advance in writing by the city manager.

(d) Joint Use of Facilities. An end user may enter into agreements for the common use or lease of facilities with other government, public or quasi-public agencies independent of the requirements of this chapter and under the terms agreed upon between the parties, provided that such activity does not adversely affect city services and is approved in advance in writing by the city manager.

(e) Supply of Personnel. The requirements of this chapter shall not apply to any agreement or arrangement by which an end user provides personnel to or obtains personnel from another government, public or quasi-public agency. No such agreement or arrangement shall be effective unless it is approved in advance in writing by the city manager and the city manager determines it does not negatively affect city services. (Ord. 2628-99 § 3; Ord. 3171-21 § 1)

(a) When a contractor fails to deliver goods or services in the quality, quantity, manner and time specified in the contract, such goods and/or services may be obtained from any source. If a greater price than that named in the contract is paid for such goods or services, the excess price shall be charged to and collected from the contractor or the surety on the contractor's bond, if any.

(b) Any contractor that fails to comply with the terms of its contract may be declared an irresponsible contractor after a due process hearing by a hearing officer appointed by the city manager. Upon such determination the contractor shall not be permitted to act as a contractor on any city contract for a period of up to five years, as determined by the hearing officer. Appeal of a determination that a contractor is irresponsible may be made to the city council. The contract may be cancelled, and in the event of cancellation, no recovery shall be had thereon. (Ord. 2628-99 § 3)

(a) Authority. The purchasing officer is authorized to sell or dispose of surplus personal property having a salvage value in the open market, by public auction, by competitive sealed bids or by exchange or trade in for new goods. The sale or lease of surplus personal property to a governmental, public or quasi-public agency may be without advertisement for or receipt of bids.

(b) Property with No Salvage Value. Surplus personal property with no salvage value, as determined by the purchasing officer, shall be disposed of in a manner that salvages recyclable components, if practical.

(c) Unclaimed, Seized or Abandoned Property. The purchasing officer is authorized to sell or dispose of all goods in the possession or custody of the department of public safety which are unclaimed, seized and/or abandoned and may be legally disposed of by the city.

(d) Records. The purchasing officer shall provide regular reports to the city manager which indicate surplus personal property disposed of, the method of disposal, and the amounts recovered from its disposal and shall maintain records for public inspection relative to the disposal of surplus personal property for a period of time in compliance with state law and the city's records retention schedule.

(e) Donations. Upon approval in advance in writing of the city manager, surplus personal property may be donated to governmental, public or quasi-public agencies, charitable or non-profit organizations.

(f) Proceeds of Sale. Proceeds from the sale of surplus personal property shall be deposited into the appropriate city fund. (Ord. 2628-99 § 3)

(a) Statement of Policy. City employees shall discharge their duties impartially so as to assure fair competitive access to city procurement opportunities by responsible contractors. Moreover, they shall conduct them-selves in such a manner as to foster public confidence in the integrity of city procurement activities.

(b) Conflict of Interest. No city employee shall participate directly or indirectly in a city procurement when the employee knows that:

(1) The employee or any member of the employee's immediate family has a financial interest pertaining to the procurement; or

(2) The employee or any member of the employee's immediate family is negotiating or has an employment arrangement which is contingent upon or will be affected by the procurement.

(c) Withdrawal from Participation. Upon discovery of an actual or potential conflict of interest, an employee shall promptly withdraw from further participation in the procurement.

(d) Gratuities. No person shall offer, give or agree to give any city employee any gratuity or offer of employment in connection with a procurement by the city. No city employee shall solicit, demand, accept or agree to accept from any other person a gratuity or an offer of employment in connection with a procurement by the city. (Ord. 2628-99 § 3)