Victorville Municipal Code Art. III Supplies, Equipment and General Services

When a purchase of supplies, equipment, and/or general 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. Absent such state or federal funding, the purchase of supplies, equipment and/or general services shall be procured in accordance with the provisions of this article.

(Ord. No. 2429, § 5, 5-17-22)

Editor's note— Ord. No. 2429, § 5, adopted May 17, 2022, amended 2.28.080 in its entirety to read as herein set out. Former § 2.28.080, pertained to purchases of general services and supplies and equipment with an estimated cost of five thousand dollars or less and derived from Ord. No. 2381, § 2, 9-18-18.

For purchases of general services and/or supplies and equipment with an estimated cost of five thousand dollars or less per any single transaction per fiscal year, additional purchasing procedures shall be established by an administrative regulation of the city manager.

(Ord. No. 2429, § 6, 5-17-22)

(a) Quotation requirement. The purchase of supplies and equipment and general services with an estimated cost in excess of five thousand dollars, but not more than fifty thousand dollars per any single transaction or term agreement, may be made by the city manager, in the open market by following the procedures prescribed in this article.

(1) Minimum number of quotations. Open-market purchases are required to be based on at least three written quotations.

(2) Notice of inviting quotations. The city manager shall solicit quotations by written request (including facsimile or electronic mail on vendor stationery) or telephone to prospective vendors.

(3) Quotations. Written quotations (including facsimile and electronic mail on vendor stationery) shall be submitted to the city manager, who shall keep a record of all open-market orders and quotes. 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.

(4) No bid/no responsive bid. If no bid, or no responsive bid, is received after inviting quotations under this section, the city manager may proceed to hire or have the general services performed or purchase the supplies and equipment in the open market without further compliance with this section.

(5) Rejection of bids. The city manager at his/her discretion may reject any or all bids and readvertise for bids in the event all bids are rejected.

(6) Award of contract. The city manager is authorized to award a contract for fifty thousand dollars or less when there are budgeted funds for the item(s) and the amount of the award is not more than the quoted amount. If responsive and responsible bids are received, the city manager shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid. The factors from section 2.28.040 upon which the award was based shall be set forth in writing.

(b) Exceptions. The quotation procedure under this section may be dispensed with:

(1) In the event the city manager determines the existence of an emergency as defined in subsection 2.28.050(6), and provided such procurement is made in accordance with the applicable provisions of subsection 2.28.060(f);

(2) When the city manager determines in writing (using the city's sole-source justification form) that such procurement constitutes a sole source purchase;

(3) Where the general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to section 2.28.120; and

(4) Where general services or supplies and equipment are purchased through competitive or noncompetitive negotiations pursuant to section 2.28.110.

(Ord. No. 2381, § 2, 9-18-18)

(a) Bidding requirement. The city manager shall solicit bids for supplies and equipment and general services with an estimated cost in excess of fifty thousand dollars per single transaction or term agreement by following the formal bid procedure prescribed in this section.

(1) Notice inviting bids. The notice inviting bids shall include a general description of the supplies and equipment or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids.

(A) Published notice. The notice inviting bids shall be published at least one time, ten calendar days before the date of opening of the bids in a newspaper(s) of general circulation, printed and published locally. The city manager may also give such additional notice as he/she deems appropriate.

(B) Bidder's list. The city manager shall also solicit sealed bids from responsible prospective suppliers whose names are on the city's bidder's list.

(2) Bid opening procedure. Bidders shall submit sealed bids to the city manager or such department head as may be identified in the notice inviting bids, and shall identify them as bids on the envelope in accordance with the notice inviting bids. Invitations for bids shall require a bid opening at a designated place, date and time when the city clerk, or his or her designee, shall publicly open.

(3) Rejection of bids - City manager authority. With respect to bids for general services and/or supplies and equipment with a cost of one hundred twenty-five thousand dollars or less, the city manager has the authority and discretion to reject any and all bids presented, and may re-advertise for bids in the event all bids are rejected.

(4) Rejection of bids - City council authority. With respect to bids for general services and/or supplies and equipment with a cost in excess of one hundred twenty-five thousand dollars or less, the city council has the authority and discretion to reject any and all bids presented, and may re-advertise for bids in the event all bids are rejected.

(5) No bid/no responsive bid. If no bid, or no responsive bid is received after inviting bids under this section, the city manager may proceed to procure the general services or purchase the supplies and equipment in the open market.

(6) Award of contract. The city manager shall have the authority to award and execute a contract for purchase of supplies and equipment or general services if the cost thereof is one hundred twenty-five thousand dollars or less. The city council shall have the authority to award and execute a contract for purchase of supplies and equipment or general services with a cost in excess of one hundred twenty-five thousand dollars. If responsive and responsible bids are received, the city manager or the city council, as applicable, shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid. The factors from section 2.28.040 upon which the award was based shall be set forth in writing.

(b) Exceptions. The bidding procedures under this section may be dispensed with:

(1) In the event the existence of an emergency, as defined in subsection 2.28.050(6), is determined and provided such procurement is made in accordance with the applicable provisions of subsection 2.28.060(f). If the estimated cost of the purchase is less than one hundred twenty-five thousand dollars, the city manager may make the determination that an emergency exists; otherwise the city council must make the determination.

(2) Where it is determined that such procurement constitutes a sole source purchase. If the estimated cost of the purchase is less than one hundred twenty-five thousand dollars, the city manager may make the sole source purchase determination in writing (using the city's sole-source justification form); otherwise the city council must make the determination. The basis upon which this determination is made shall be prepared by the city manager in writing and presented to the city council for approval using the city's sole-source justification form.

(3) Where the general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to section 2.28.120; and

(4) Where supplies and equipment or general services are purchased through competitive or noncompetitive negotiations pursuant to section 2.28.110.

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 7, 5-17-22)

(a) Applicability. A purchase may be had by negotiations when the purchase is for:

(1) A technology product, as defined in subsection 2.28.050(13);

(2) An addition to, or repair or maintenance of, existing equipment which can be more efficiently added to, repaired or maintained by an authorized company or manufacturer;

(3) Equipment which must be compatible with existing equipment, by reason of the training of the personnel or an inventory of existing replacement parts kept by the city;

(4) Public art (which may or may not also fall within the Sole Source Purchase exception).

The affected department head shall state in writing the basis for a determination that this section applies.

Before any purchase is made under this section, a determination of the applicability of this section and the method of negotiation (competitive or noncompetitive) must first be approved by the city manager when the purchase involves one hundred twenty-five thousand dollars or less. For purchases under this section in excess of one hundred twenty-five thousand dollars, city council approval shall be required, following its determination of the applicability of this section and method of negotiation (competitive or noncompetitive).

(b) Method of Negotiation. When a negotiated purchase is approved under subsection (a) of this section, the purchase may be made by either (1) competitive negotiation following a request for proposals or (2) noncompetitive negotiation.

(c) Competitive Negotiation Following a Request for Proposals.

(1) Request for Proposals. Under this method, proposals are requested from a number of sources and the request for proposals is publicized. The request for proposals must identify all the significant evaluation factors, including price or cost and their relative importance. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.

(2) Receipt of Proposals. Sealed proposals must be submitted by the date and time specified on the prescribed forms and shall be identified in the publicized invitation for proposals.

(3) Negotiation. The highest ranking offeror based on the factors set forth in section 2.28.040, the "best value offeror," will be selected for contract negotiation. If agreement cannot be reached with the highest ranked offeror, the second highest ranked offeror (and the third, and so on) will be contacted, with the best value offeror (or other offerors, in order) dismissed from further consideration on that particular project. All elements of the negotiation process shall be documented by the city department conducting the negotiations and submitted to the deputy city manager. Offerors submitting responsible offers shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals. Any revisions are permitted after submission in writing and prior to the award of a contract.

(4) Award and Notification. An award may be made to the best value offeror, as defined in subsection 2.28.110(c)(3), whose proposal provides the best value to the city. All offerors participating in the process shall be notified in writing of the successful award. Except as may otherwise be provided for in this chapter, contracts in excess of one hundred twenty-five thousand dollars shall be awarded by the city council and executed by the mayor.

(d) Noncompetitive Negotiations. When there is only one source, purchase can be made through solicitation and negotiation directly with that source. The affected department head shall state in writing the basis for the determination that this subsection applies, and before any purchase is made, that determination must be approved in writing by the city manager (for contracts involving an estimated cost in excess of five thousand dollars, but not more than one hundred twenty-five thousand dollars) or the city council (for contracts involving an estimated cost in excess of one hundred twenty-five thousand dollars). Except as may be otherwise provided for in this chapter, contracts in excess of one hundred twenty-five thousand dollars shall be awarded by the city council and executed by the mayor.

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 8, 5-17-22)

(a) Provided that city council approval is obtained for purchases in excess of one hundred twenty-five thousand dollars, the city manager may purchase supplies and equipment without complying with the quotation or bidding requirements of this chapter, if such purchases are based on an agreement or cooperative purchasing program entered into by any local, state or federal governmental agency, regardless of whether the city is named party to the agreement or an actual participant in such a program, provided it satisfies the criteria below:

(1) Any local, state, or governmental agency program, if the underlying purchase was made using quotation or bid procedures at least as restrictive as the city's; or

(2) The California Multiple Award Schedules (CMAS), the California Communities Purchasing Program, the Western States Contracting Alliance (WSCA), the County of Los Angeles, the U.S. Communities Government Purchasing Alliance, California State Contracts administered by the Department of General Services (DGS) or other purchasing programs deemed by the city manager to be in conformance with the city's quotation or bid procedures to permit reasonable competition.

(b) Whenever cooperative purchasing is used, the supplies and equipment purchased must be the same and be offered at the same price as the supplies and equipment subject to the agreement or program, except that (1) up to ten percent variation is allowed for customizing the order or for desirable city options, and (2) in addition, a cost of living adjustment (using the Riverside-San Bernardino-Ontario Counties Consumer Price Index—Urban, All Items) can be added for up to three years.

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 9, 5-17-22)

(a) Leasing of purchasable or non-purchasable equipment shall be in accordance with section 2.28.080, 2.28.090 or 2.28.100, depending upon the cost of an annual lease.

(b) Each contract for the leasing or rental of equipment for the city shall contain a provision permitting the city to terminate the contract at the end of any fiscal year during the term of the contract upon not less than thirty days' written notice to the other party.

(Ord. No. 2381, § 2, 9-18-18)

The city manager may inspect supplies and equipment and general services delivered, and determine their conformance with the specifications set forth in the order or contract. The city manager has 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 specifications.

(Ord. No. 2381, § 2, 9-18-18)

Each department shall submit to the city manager, at such times and in such forms as the director prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The city manager has the authority to sell or otherwise dispose of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment. Disposition may include city property which has no commercial value or for which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction. Services of a paid auctioneer may be used, as appropriate. City manager approval is needed for disposition of supplies and/or equipment when the total estimated value exceeds five thousand dollars. The city manager has the authority to make transfers between departments of any usable surplus supplies or equipment.

(Ord. No. 2381, § 2, 9-18-18)

A local preference may be granted in the purchase of supplies and equipment by the city, pursuant to the following provisions:

(1) Definition. Whenever used in this section, the phrase "local bidder/vendor" shall mean a business, firm, or enterprise with fixed offices or locally taxable distribution points within the city, which regularly maintains an inventory for sale within the corporate limits of the city, holds a valid business license, issued by the city, and bearing a street address within the city.

(2) Local preference. In awarding purchase orders and contracts for supplies and equipment, the city may grant a preference of three percent to local bidder/vendors. The bids of all local bidders/vendors shall be reduced by three percent prior to determining the best value bidder. The preference shall not exceed an aggregate sum of one thousand dollars for any single purchase order or contract awarded under this chapter.

(3) Identical bids. If after applying the preference provided for in subsection (2) of this section, identical bids are submitted by a bidder/vendor and a bidder who is not local, the contract shall be awarded to the local bidder/vendor. Identical bids by two or more local bidder/vendors shall be determined by past satisfactory experience with the city.

(4) Exceptions. Notwithstanding the foregoing, the provisions of this section shall not apply under any of the following circumstances:

(A) When application of the provisions of this section is prohibited by state or federal law or the requirements of a state or federal grant;

(B) When a contract with the city to purchase supplies and equipment will be funded in whole or in part by donations or gifts to the city, to the extent that the provisions of this section would conflict with any conditions attached by the donor of the donation, provided that the donation and any conditions attached to it have been accepted and approved by the city council;

(C) When the city manager determines that a contract with the city to purchase supplies and equipment results from an emergency, and also determines either that any delay in the execution or performance of the contract would jeopardize the public health, safety, or welfare of the citizens of the city, or that the operational effectiveness of a significant municipal function would be seriously threatened if the contract were not entered into expeditiously.

(5) Good faith effort to contact local vendors. The city shall make a good faith effort when soliciting bids for supplies or equipment to solicit bids or proposals from local vendors.

(6) City manager authorization. The city manager may promulgate rules and regulations to implement the provisions of this section.

(7) Enforcement and penalties. In the event that the city manager makes a finding that a bidder for a contract has made an intentional misstatement in order to obtain a local vendor preference under regulations adopted pursuant to this section, the bidder may be subject to any remedy available to the city at law or equity.

(A) A finding by the city manager that a bidder for a contract has made an intentional misstatement in order to obtain a local vendor preference shall be regarded by the city council as a basis for determining whether the bidder is a responsible bidder for the present contract or for future contracts.

(B) A bidder who has been disqualified as a responsible bidder by a determination of the city council, based on a finding by the city manager that the bidder made an intentional misstatement in order to obtain a local vendor preference, shall be disqualified from bidding on all contracts with the city for a period of not less than one year from the date of the disqualification, as determined by the city council.

(Ord. No. 2381, § 2, 9-18-18)