Truckee Municipal Code Ch. 3.12 Purchases

The purpose of the Purchasing System is to establish efficient procedures for the purchase of services, supplies and equipment at the lowest possible cost commensurate with quality needs, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases.

The procedures established by this chapter shall apply to the purchase of supplies, equipment and services, and to public projects involving construction. To the extent any discrepancy or inconsistency exists between any provision of this chapter and a provision of the California Public Contract Code, the provision of this chapter shall control, pursuant to Section 200 of the Town's charter.

The position of Administrative Services Director (ASD) shall have general supervision and final responsibility of the purchasing system. The ASD shall have the authority to:

1. Establish Purchasing Rules and Regulations for the internal management and operation of the purchasing system and such other rules and regulations as shall be prescribed by the Town Manager;

2. Recommend execution of contracts for the purchase of supplies and equipment;

3. Ensure the needed quality in supplies and equipment are purchased at the least expense to the Town;

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

5. Prepare and recommend to the Town Council ordinances governing the purchase of supplies and equipment for the Town;

6. Prepare and recommend revisions and amendments to the purchasing rules;

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

8. Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations;

9. Ensure the proper inspection of all supplies and equipment purchased and that they are in conformance with specifications;

10. Recommend the transfer of surplus or unused supplies and equipment between departments as needed;

11. Maintain a list of vendors and records needed for the efficient operation of the purchasing division.

The ASD shall be responsible for determining that the regulations and procedures in Municipal Code Chapter 3.12 are properly enforced.

The Town Manager is authorized to execute any such personal, professional or consulting service or other contractual services and to authorize the purchase of any supplies or equipment in an amount up to: (i) $75,000.00 per vendor, per Town fiscal year, for each Town division, or a different amount specified for purchase order or approval by Town Council resolution; (ii) $100,000.00 for a public project, routine operating supplies, capital projects that are included in the Fleet Replacement Program, and software maintenance upgrade costs which are available from only one existing vendor, as defined in the Purchasing Rules and Regulations, provided such contract was included in the Town's approved annual budget; or (iii) such other amount specified by Town Council resolution, provided that all such contracts are consistent with the Town's adopted budget. All other such contracts shall be approved by the Town Council; giving the Town Manager authority to sign the contract. The Town Manager shall provide authority to Department Heads, as "department purchasing agents" to make purchases through their staff according to this ordinance and the Purchasing Rules and Regulations. See Purchasing Rules and Regulations for other signatory authority.

(Ord. No. 2026-08, § 1(Exh. A), 5-27-2026)

The Town Manager may authorize any department to purchase specified supplies and equipment. Such purchases shall be made in conformity with the procedures established by this chapter and shall be consistent with the Town's adopted budget.

Purchases of supplies and equipment shall be made by purchase orders when the cost of such supplies and equipment is less than the amount requiring Town Council approval. This cost will include shipping, but will not include sales taxes. Except as otherwise provided herein, no purchase order shall be issued to a vendor unless the prior approval of the purchase order has been obtained. See 3.12.285 for requirements of purchase orders.

Where individual purchases to a vendor may or may not require a purchase order, but where cumulative purchases in a fiscal year by a single Town division (i.e. those operations overseen by a single Town employee designated as a division manager) from a vendor are in excess of $6,500.00, or a different amount specified for purchase order or approval by Town Council resolution, and a contract and/or other authority has not been approved by Town Council:

(a) A blanket purchase order is authorized.

(b) If the estimated cumulative purchases are more than the amount requiring Council approval the Town Council must approve in advance a "not to exceed" amount for a blanket purchase order.

(Ord. No. 2026-08, § 1(Exh. A), 5-27-2026)

Purchases of supplies and equipment shall follow the requirements of the Purchasing Rules and Regulations Bidding for public projects, as defined in Public Contract Code Section 20161, shall be bid according to the requirements of state law, except as set forth herein. Bidding may be dispensed with only under conditions stated in Section 3.12.290.

Except in emergencies, "public projects" (as defined in the Purchasing Rules and Regulations) valued at more than $15,000 and not more than $100,000 shall be contracted for using the informal bidding procedure set forth herein and in the Purchasing Rules and Regulations. Public projects valued at more than $100,000 shall be contracted for using the formal bidding procedure set forth herein and in the Purchasing Rules and Regulations. Public projects valued at not more than $15,000, and public projects of any amount in case of emergency (as defined in the Purchasing Rules and Regulations), shall be awarded using the designated source procedure set forth in the Purchasing Rules and Regulations. For other types of contracts, the contract amount above which formal bids are required is specified in the Town's Purchasing Rules and Regulations. Bidding for public projects is regulated by Section 20160-20175.2 of the California Public Contract Code unless otherwise ordered by Town Council. Purchases of supplies and equipment of an estimated value less than the amount specified by Town Council resolution for formal bids may be made on the open market using the informal bidding procedures set forth below in 3.12.255.

Notices inviting formal bids shall include, but not limited to, the following:

(a) A general description of the item(s) or service(s) to be purchased, or the public work to be constructed or improved;

(b) The location where bid blanks and specifications may be secured;

(c) The time and place assigned for the opening of sealed bids;

(d) The type and character of bidder's security required, if any;

(e) The location and deadline for submission of bids; and

(f) Any other information that may be helpful in choosing the contractor most suited for the supplies, services or equipment.

Notices inviting formal bids shall be published at least ten days prior to the date of opening the bids. Notices shall be published at least once for non-public projects and at least twice, not less than five days apart, for public works projects on the Town's website, in a local newspaper and/or other appropriate publications.

Where deemed necessary by the ASD, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent of the total aggregate of the bid. The bid security requirement, if applicable, shall be designated in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the Town is solely responsible for the delay in executing the contract. The Town Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and re-advertise.

A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the Town Council, in an amount reasonably necessary to protect the best interests of the Town. In addition, the Town shall have authority to require a faithful performance bond or other bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids.

Sealed bids shall be submitted to the Town Clerk's office and shall be identified with the published title of the request for proposal on the envelope. All sealed bids shall remain secured until bid opening. The Town Clerk, or department designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the Town Clerk's office during regular business hours for a period of not less than 30 calendar days after the bid opening.

In its discretion, the Town Council may reject any and all bids presented and may cause re-advertising for bids pursuant to the procedure herein prescribed. However, when all bids exceed the authorized budgeted amount, the Town Manager may authorize rejection of all bids and authorize re-bidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein.

Except as otherwise provided herein, formal bid contracts shall be awarded by the Town Council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the Town Council pursuant to findings and recommendations presented by the department head overseeing the contract at the time of award of contract.

If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the Town Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract.

When no formal bids or no responsive bids are received, the department head is authorized to negotiate for written proposals, and make recommendation to the Town Manager and the award, if any, shall be made in accordance with applicable provisions prescribed herein. A responsive bid is defined as a bid which conforms in all material respects to the terms and conditions, the specifications and other requirements of the invitation for bid/request for proposal.

Under the provisions of this Chapter, only a person or entity who or which submitted a bid in compliance with this Chapter in the same proceeding will have standing to challenge the award of bid or the procedures used in bid evaluation. Any such challenge must be filed with the Town Clerk within five business days of the bid opening, and shall include all factual information used as the basis of the challenge. The department head overseeing the contract shall review the challenge and provide a written recommendation regarding its validity to the authority awarding the bid. If the authority awarding the bid is the Town Council, the Council's decision regarding the award is final and there is no further Town administrative appeal process.

If the authority awarding the bid is not the Town Council, the award may be appealed to the Town Council. The challenger must file the appeal with the Town Clerk within five business days of the award in the form required by the Town Clerk. The Town may require the appeal to be accompanied by an appeal fee deposit equal to the estimated costs of processing the appeal.

The appellant shall additionally execute an agreement holding harmless, indemnifying, and defending the Town, its officials, agents, and employees from any and all liabilities and costs arising from a granting of the appeal, including but not limited to the Town's reasonable attorney fees and costs in defending litigation seeking to reverse decisions of the Town with regard to the appeal and any increase in project costs which result from the proceeding. The Town may, at its discretion, require security in the form of bonds, letters of credit, or cash from the appellant to insure performance of the agreement.

The appellant and awarded bidder shall be provided with written notice of a hearing on the appeal before the awarding authority. The hearing shall be conducted under rules adopted by the awarding authority for that purpose. The awarding authority shall issue a final decision in writing within ten days after the conclusion of the hearing.

Failure to file a timely appeal under the conditions specified herein, or otherwise comply with the provisions of this section, shall constitute a waiver of the right to challenge the bid award.

The Town Clerk shall keep and maintain all formal bids, together with the bidder's list for the contract for which bids were submitted. These records shall be maintained in accordance with the Town's adopted record retention schedule, and shall be open to public inspection while they are maintained.

Purchases of supplies and equipment of an estimated value in the amount specified by Town Council resolution for contract awards on the open market, or less, may be made in the open market pursuant to the procedures set forth below.

(a) Purchases shall, wherever possible, be based on at least three informal bids.

(b) Shall include consideration of the Town's local business preference to local businesses as stated in section 3.12.295 herein.

(c) Shall comply with the Town's Green Procurement and Sustainable Practices Policy as stated in section 3.12.380 herein, and

(d) A contract shall be awarded to the bidder offering the most advantageous bid to the Town after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors as listed in section 3.12.285 herein.

(e) A purchase order shall be submitted for approval of bid to the ASD as required in the Purchasing Rules and Regulations, unless a contract is executed.

(f) Purchases of motor vehicle fuel for use in Town vehicles may be completed using the informal bid procedures and shall not require a purchase order.

Informal bids which fail to meet the specific purchase requirements in any respect may be rejected; or all informal bids may be rejected for any reason whatsoever, and new bids may be invited.

The department purchasing agent shall solicit informal bids by written requests to prospective vendors, by email, or by public notice posted on the Town website.

The Administrative Services Department shall keep and maintain all informal bids and their associated documents for anything other than public projects. These records shall be maintained in accordance with the Town's adopted record retention schedule, and shall be open to public inspection while they are maintained. Public project informal bids shall be maintained by the Town Clerk's department.

(a) Authorized Amount: If two or more informal bids are received for the same total amount or unit price, quality and service being equal, the department purchasing agent may accept the lower bid obtained through negotiation with the persons submitting the tie bids.

(b) If no informal bids are received subsequent to solicitation of such, the department purchasing agent may make the required purchase without further notice.

Notwithstanding any provision of this chapter to the contrary, the competitive bidding provisions of this code may be dispensed with under circumstances set forth in the Purchasing Rules and Regulations.

Except as set forth herein, all Town contracts, for supplies, equipment, services, professional services, and construction or maintenance, qualified local contractors, vendors, and bidders shall receive in the evaluation of bids and proposals a local preference, the details of which shall be set forth in a resolution adopted by the Town Council. The local preference shall not apply to any of the following:

a. Bids/contracts to the extent which application of the provisions of this section would be prohibited by State or Federal law or regulation.

b. Situations in which an emergency is found to exist and documented by the awarding authority which precludes use of the customary local business preference policy.

c. Where, for reasons other than price or the amount of a bid or estimate, the Town determines that a bid is unresponsive and/or, that the person, entity or business seeking the Town award is unqualified and/or is not responsible.

d. Contracts with any single or sole source supplier for supplies, materials, equipment or other personal property.

e. Supplies, materials or equipment which can be obtained at a favorable price as a result of other governmental purchasing programs.

f. Contracts for professional and consultant services.

g. Fuel purchases.

All departments with fixed asset inventories shall review their inventory list and submit to the Administrative Services Department, at such times and in such forms as prescribed, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out.

The ASD shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable.

The ASD shall have authority, subject to approval of the Town Manager, to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which provide the maximum return to the Town. Town employees or officers may participate in the purchase of surplus supplies and/or equipment on the same basis as other members of the general public; provided, however, there is no direct bid involvement or conflict of any kind.

Notwithstanding the other provisions of this article, the Town Council may convey to charitable, nonprofit organizations and local government organizations surplus property as it is determined by the Town Council that the use to which the personal property will be for the benefit of the general welfare of the community in matters such as recreation, education, aid to the destitute, town beautification, or any other activity in which the Town government may legitimately participate. The Town Council authorizes the Town Manager to convey to charitable, nonprofit organizations and local government organizations surplus property where the value of an individual item is $5,000 or less and which meets the aforementioned criteria relative to community benefit.

The organization accepting such personal property shall sign a statement that accepts such property on the condition that it will be used for the purpose designated by the Town; that it shall not be used for any other purpose without the permission of the Town; and that if such property is ever diverted to other than a charitable use, the Town may reclaim such property.

Purchasing cards shall be used for gasoline purchases, travel expenses, and training seminars, and may be used for other purchases as set forth in the Purchasing Rules and Regulations. All purchasing card purchases shall be made by personnel authorized to use the purchasing card to make purchases within the department approved budget, and all other requirements of the Purchasing Rules and Regulations pertaining to purchasing cards shall be complied with.

Prior to contracting for services on projects utilizing federal funds the non-procurement, suspension and debarment list provided by the Federal Government according to 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, Rule for Non procurement suspension and debarment shall be reviewed to verify the contractor is not included in the list.

Prior to contracting for services or purchasing equipment and material which is to be funded by grant or other governmental authority the rules required under the funding agreement will be reviewed and followed to ensure proper compliance with requirements such as federal prevailing wages.

(a) It is the intent of the Town Council, based on the adoption of the Green Procurement and Sustainable Practices Policy adopted January 13, 2009, that the Town of Truckee take a leadership role not only in recycling its waste products but also in the purchase of recycled products for use in the delivery of town services. It is the purpose of this section to provide direction in the procurement and use of recycled products unless such products do not perform satisfactorily and/or are unreasonably expensive and/or conflicts with an existing Town policy. For the purpose of this section, recycled materials are defined as any materials (e.g., glass, paper, plastic, etc.) that are separated by type, reprocessed by industrial methods, and used as raw materials for the manufacture of new.

(b) It is the policy of the Town of Truckee to purchase and use recycled products whenever possible to the extent that such use does not negatively impact health, safety, or operational efficiency and to encourage the purchase of products which can be recycled or reused. The priority for purchasing recycled content products shall be as follows:

i. The highest percentage of recycled content of post-consumer recovered material available in the marketplace; and

ii. The highest percentage of "pre-consumer recovered material," available in the marketplace.

(c) The town will purchase and use environmentally preferable product categories as designated in the Green Procurement and Sustainable Practices Policy IV A. Procurement Practices.

(ORD 2011-01 5-19-2011; 2017-04 6-13-2017)