Williams Municipal Code Ch. 3.28 Bidding, Contracting and Purchases of Supplies, Services and Equipment

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Sections: (Continued)

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Editor's note— Ord. No. 177-10, § 1, adopted Apr. 21, 2010, amended Ch. 3.28 in its entirety to read as herein set out. Former Ch. 3.28, §§ 3.28.010—3.28.150, entitled "Purchases, Sales and Bid Procedures", pertained to similar subject matter and derived from: Ord. 22-86 (part), 1986; Ord. 39-88 § 3, 1988; Ord. No. 82-93, §§ 2—4, 8—12, 1993; Ord. 115-99 § 2, 1999; Ord. 131-03 § 2, 2003; Ord. 141-06 § 2(part), 2006; and Ord. 153-06 § 1(part), 2006.

State Law reference— For requirement that policies and procedures be established, see Gov. Code § 54202. For purchases by State Department of General Services on behalf of the city, authorized on request, see Gov. Code § 14814.

The purpose of this chapter is to establish efficient procedures for the purchase of supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases. Therefore, a centralized purchasing system is hereby adopted and vested with the authority for the purchase of all city supplies, services and equipment. In addition, this chapter and the purchasing system it establishes is designed to provide appropriate procedures to implement the city's participation in the Uniform Public Construction Cost Accounting Act, pursuant to California Public Contract Code, Section 22000 et seq.

(Ord. No. 177-10, § 1, 4-21-2010)

Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter:

(a) "Act" means the Uniform Public Construction Cost Accounting Act found at California Public Contract Code, Section 22000 et seq.

(b) "Alternative procedure" means purchasing supplies, services or equipment by negotiated contract, purchase order or any other procedure outlined in the city's purchasing and bidding policies and procedures manual approved by the city administrator and consistent with this chapter. A type of alternative procedure may include, but is not limited to, what will be referred to as a "simplified pricing procedure", wherein the authorized contracting party, or his or her designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the city.

(c) "Authorized contracting party" means the city official or body provided with authority under this chapter to approve a contract or to make a purchase.

(d) "City administrator" means the city administrator or person designated by the city administrator to perform all or some of the duties prescribed in this chapter.

(e) "Commission" means the California Uniform Construction Cost Accounting Commission, created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010).

(f) "Emergency" for purposes of public works projects shall have that meaning provided in California Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing or contracting purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the city.

(g) "Facility" means any plant, building, structure, ground facility, utility system (subject to the limitation found in California Public Contract Code Section 22002, subdivision (c)(3)), real property, streets and highways, or other public work improvement.

(h) "General services" mean all services performed by persons not in a professional occupation, including, but not limited to, contract services for park, electrical and computer repair, building, facility and vehicle maintenance, recreation programs, and other similar services which are not typical of professional services.

(i) "Maintenance work" shall have that meaning provided in Section 22002(d) of the Act, as that section may be amended from time to time. In addition and to the extent not inconsistent with Section 22002(d), maintenance work shall include, but shall not be limited to the following:

(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.

(2) Minor repainting.

(3) Street and highway maintenance, including utility patching, skin patching, crack filling, filling of pot holes, slurry sealing, edge grading, street striping, resurfacing of streets and highways at less than one inch, sign replacement, sidewalk repair and replacement, curb and gutter repair and replacement, and street and traffic light repair and replacement. Maintenance work shall not include striping of a new street or highway.

(4) Sewer maintenance, including foaming, video taping, cleaning and manhole restoration.

(5) Traffic signal maintenance. Maintenance work shall not include installation of new traffic signals.

(6) Storm drain related maintenance.

(7) Landscape maintenance, including mowing, watering, trimming, pruning, planting, tree and plant replacement, irrigation and sprinkler system servicing, retrofit and repair, and landscape rehabilitation.

(8) Maintenance of facilities, including roof repairs or replacements, heating and air conditioning repairs, and electric repairs.

(9) Vehicle and equipment maintenance and repairs.

(10) Work performed to keep, operate and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand volts and higher.

(j) "Public works project" shall have that meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time. A public works project shall not include maintenance work. In addition and to the extent not inconsistent with Section 22002(c), public works project shall include, but shall not be limited to the following:

(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased or operated facility;

(2) Painting or repainting of any publicly owned, leased or operated facility; and

(3) In the case of a publicly owned utility system, public works project shall include only the construction, erection, improvement or repair of dams, reservoirs, powerplants, and electrical transmission lines of two hundred thirty thousand volts and higher.

(k) "Professional services" means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, personnel, social services, animal control, legal, management, cable television, communication and other similar professional functions which may be necessary for the operation of the city.

(l) "Public works project formal bidding procedure" means a procedure which meets the requirements of state and local law, including Section 22037 of the Act, this chapter and any policies and procedures approved by the city administrator consistent with this chapter.

(m) "Public works project informal bidding procedure" means a procedure which meets the requirements of state and local law, including Section 22034 of the Act, this chapter and any policies and procedures approved by the city administrator consistent with this chapter.

(n) "Purchasing officer" means the city administrator or his or her designee(s) as provided in Section 3.28.030. Initially, the city administrator designates the chief finance officer to act as the purchasing officer. Pursuant to Section 3.28.020, the city administrator may change his or her designation at any time.

(o) "Williams formal bidding procedure" means a procedure which meets the requirements of state and local law, including the Act, this chapter and any policies and procedures approved by the city administrator consistent with this chapter.

(Ord. No. 177-10, § 1, 4-21-2010)

There is created the position of purchasing officer. The purchasing officer shall be the city administrator or his or her designee(s). The purchasing officer shall be the head, and have the general supervision of all purchasing functions of the city. The duties of the purchasing officer may be combined with those of any other office or position. Subject to the supervision of the city administrator, the purchasing officer shall have the authority to:

(a) Purchase or contract for supplies, services and equipment required by the city.

(b) Negotiate and recommend to the city council execution of contracts for the purchase of supplies, services and equipment.

(c) Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution and disposal of supplies, services and equipment for the city.

(d) Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the city administrator consistent with this chapter.

(e) Review the working details, drawings, plans and specifications for any projects or purchases requiring such review in this chapter.

(f) Inspect or supervise the inspection of purchased supplies, services and equipment to ensure conformity with any specifications established or required by the city.

(g) Transfer among departments any supplies, services and equipment not needed by one such department, but which are necessary for the operation of one or more other departments.

(h) Sell any supplies and equipment not needed for public use or that may become unsuitable for their intended use.

(i) Develop and maintain any bidder's list, contractor's list or vendor's catalog file necessary to the operation of this chapter and any other policies and procedures approved by the city administrator consistent with this chapter.

(Ord. No. 177-10, § 1, 4-21-2010)

(a) The city shall secure supplies, services and equipment at the lowest total cost commensurate with the quality and scope needed, and subject to any limitations imposed by state law. Notwithstanding the foregoing, the city shall secure professional services based upon demonstrated competence, professional qualifications and suitability for the project in general. The city may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances.

(b) The purchasing officer shall develop, for approval by the city administrator, such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures shall be written and implemented in such a way to encourage open and competitive bidding, where appropriate, provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for efficient and timely acquisition of needed supplies, services and equipment, and provide effective fiscal controls.

(c) In purchasing, supplies, services and equipment, the city shall make use of competitive bidding, both formal and informal, whenever required by law, this chapter, or any policies and procedures approved by the city administrator consistent with this chapter.

(d) Formal and informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to this chapter.

(e) Except in cases of emergency or unless specifically authorized by resolution or minute order of the city council, the purchasing officer shall not issue a purchase order for supplies, services or equipment involving any project or purchase unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

(f) The city shall comply with all federal and state bidder's security and bonding requirements and all prevailing wage laws applicable to each contract or purchase.

(g) The purchasing officer, with approval of the city administrator, may provide written authorization to any department director to conduct a bidding process outside of the centralized purchasing system; provided, however, that such bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The purchasing officer, with approval of the city administrator, may rescind such authorization in writing at any time and for any or no reason.

(Ord. No. 177-10, § 1, 4-21-2010)

(a) Sixty thousand dollars or less: Public works projects of sixty thousand dollars or less may be awarded by the city administrator, upon recommendation of the director of the department responsible for the project, by any alternative procedure.

(b) More than sixty thousand — two hundred thousand dollars: Public works projects more than sixty thousand dollars, but less than or equal to two hundred thousand dollars shall, except as otherwise provided in this chapter or the Act, be awarded by the city council pursuant to the public works project informal bidding procedure. If all bids received are over two hundred thousand dollars, the city council may, with the approval of a four-fifths vote of those members present, award the contract in an amount not exceeding two hundred twelve thousand five hundred dollars to the lowest responsive and responsible bidder, so long as the city council also determines that the city's cost estimate for the project was reasonable.

(c) More than two hundred thousand dollars: Public works projects more than two hundred thousand dollars shall, except as otherwise provided in this chapter or the Act, be awarded by the city council pursuant to the public works project formal bidding procedure.

(d) City engineer review: The city engineer shall review the working details, drawings, plans and specifications prepared for every public works project which may affect the design or operation of public improvements and which may bring into question the city's liability for dangerous conditions of public property.

(e) City council approval: The city council shall adopt the plans, specifications and working details for every public works project that totals more than two hundred thousand dollars.

(f) Award: Contracts for public works projects of sixty thousand dollars or less, if awarded, may be awarded in the best interests of the city. Contracts for public works projects of more than sixty thousand dollars, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.

(g) Dollar limits and change orders or amendments: The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in section 3.28.130 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein, shall comply with the requirements applicable to the increased contract amount.

(h) No bid splitting: The city shall not split or separate into smaller work orders or projects any project, work, service or purchase for the purpose of avoiding any bidding or contracting requirements of this chapter.

(Ord. No. 177-10, § 1, 4-21-2010; Ord. No. 250-22, § 2, 11-16-2022)

(a) Sixty thousand dollars or less: Maintenance work and other general services projects of sixty thousand dollars or less may be awarded by the city administrator, upon recommendation of the director of the department responsible for the project, by any alternative procedure.

(b) More than sixty thousand — two hundred thousand dollars: Maintenance work and other general services projects more than sixty thousand dollars, but less than or equal to two hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the nonpublic works project informal bidding procedure.

(c) More than two hundred thousand dollars: Maintenance work and other general services projects of more than two hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the nonpublic works project formal bidding procedure.

(d) City engineer review: The city engineer shall review the working details, drawings, plans and specifications prepared for every maintenance work and other general services project which may affect the design or operation of public improvements and which may bring into question the city's liability for dangerous conditions of public property.

(e) Purchasing officer approval: The purchasing officer, or his or her designee, shall review and approve the working details, drawings, plans and specifications prepared for every maintenance work and other general services project.

(f) City council approval: The city council shall review and approve the working details, drawings, plans and specifications prepared for every maintenance work and other general services project more than sixty thousand dollars.

(g) Award: Contracts for maintenance work and other general services projects sixty thousand dollars or less, if awarded, may be awarded in the best interests of the city. Contracts for maintenance work and other general services projects more than sixty thousand dollars, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.

(h) Subsequent contract awards, amendments, extensions or renewals: Notwithstanding anything herein to the contrary, the city administrator shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend or renew such a contract, without city council approval, when the award, amendment, extension or renewal will result in the city paying an aggregate amount of more than sixty thousand dollars to the individual or entity in any given fiscal year. For purposes of this section, the phrase "same project" shall include an on-call or as-needed contract.

(i) Five-year term limitation: No maintenance work or other general services contract shall extend for a period of more than five years, including any authorized extensions.

(j) No bid splitting: The city shall not split or separate into smaller work orders or projects any project, work, service or purchase for the purpose of avoiding any bidding or contracting requirements of this chapter.

(Ord. No. 177-10, § 1, 4-21-2010; Ord. No. 250-22, § 3, 11-16-2022)

(a) Sixty thousand dollars or less: Professional services contracts sixty thousand dollars or less may be awarded by the city administrator, upon recommendation of the director of the department responsible for the project, by any alternative procedure.

(b) More than sixty thousand — two hundred thousand dollars: Professional services contracts more than sixty thousand dollars, but less than or equal to two hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the nonpublic works project informal bidding procedure.

(c) More than two hundred thousand dollars: Professional services contracts more than two hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the nonpublic works project formal bidding procedure.

(d) Purchasing officer approval: The purchasing officer, or his or her designee, shall review and approve the scope of services prepared for every professional services contract.

(e) City council approval: The city council shall review and approve the scope of services prepared for every professional services contract more than sixty thousand dollars.

(f) Award: Contracts for professional services shall be awarded to the contractor who will best serve the interests of the city, taking into account the demonstrated competence, professional qualifications and suitability for the project in general. The city may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances.

(g) Subsequent contract awards, amendments, extensions or renewals: Notwithstanding anything herein to the contrary, the city administrator shall not award a subsequent contract to the same individual or entity for the same or similar services, or amend, extend or renew such a contract, without city council approval, when the award, amendment, extension or renewal will result in the city paying an aggregate amount of more than sixty thousand dollars to the individual or entity in any given fiscal year.

(h) No bid splitting: The city shall not split or separate into smaller work orders or projects any project, work, service or purchase for the purpose of avoiding any bidding or contracting requirements of this chapter.

(i) Design professionals: Paragraphs (a), (b), and (c) of this section 3.28.070 shall not apply to design professional services.

(Ord. No. 177-10, § 1, 4-21-2010; Ord. No. 250-22, § 4, 11-16-2022)

(a) Sixty thousand dollars or less: Purchases of materials, supplies and equipment sixty thousand dollars or less may be awarded by the city administrator, upon recommendation of the director of the department responsible for the purchase, by any alternative procedure.

(b) More than sixty thousand — two hundred thousand dollars: Purchases of materials, supplies and equipment more than sixty thousand dollars, but less than or equal to two hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the nonpublic works project informal bidding procedure.

(c) More than two hundred thousand dollars: Purchases of materials, supplies and equipment of more than two hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the nonpublic works project formal bidding procedure.

(d) Department director approval: The director of the using department shall review and approve the specifications prepared for every purchase of materials, supplies and equipment.

(e) Purchasing officer approval: The purchasing officer, or his or her designee, shall review and approve all contracts for the purchase of materials, supplies and equipment.

(f) City council approval: The city council shall review and approve the specifications prepared for every purchase of materials, supplies and equipment more than sixty thousand dollars.

(g) Award: Contracts for the purchase of materials, supplies and equipment sixty thousand dollars or less, if awarded, may be awarded in the best interests of the city. Contracts for the purchase of materials, supplies and equipment more than sixty thousand dollars, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. Nothing in this section shall be construed to prohibit or restrict the purchase materials, supplies and equipment through a master services contract that has already been subject to competitive bidding by another agency.

(h) No bid splitting: The city shall not split or separate into smaller work orders or projects any project, work, service or purchase for the purpose of avoiding any bidding or contracting requirements of this chapter.

(Ord. No. 177-10, § 1, 4-21-2010; Ord. No. 250-22, § 5, 11-16-2022)

(a) Uses of formal bidding procedure: This formal bidding procedure shall be used whenever formal bidding is required for a public works project.

(b) Required process: The formal competitive bidding procedure shall comply with all aspects of state and local law governing formal competitive bidding, including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, resolutions of the city council as may be adopted from time to time, and policies and procedures as the city administrator may approve from time to time.

(c) Notice inviting formal bids: Notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. Notices shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. At a minimum, the notice inviting formal bids shall:

(1) Describe the project;

(2) State how to obtain more detailed information about the project;

(3) State the date, time and place for the submission of sealed bids; and

(4) Include any other information required by state or local law, as determined by the city attorney.

(d) Published notice: The notice shall be published in a newspaper of general circulation printed and published in the city at least fourteen calendar days before the date of opening the bids, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the city.

(e) Distribution of notice inviting formal bids: The notice inviting formal bids shall also be sent to those construction trade journals specified in Section 22036 of the Act at least thirty calendar days before the date of opening the bids.

(f) Additional notice: The city shall also provide any additional notice as it deems proper.

(g) Contents of remaining bid and contract documents: The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the city attorney.

(h) City's authority: The city may reject any or all bids received, and may waive any minor irregularities in each bid received.

(i) No bids received: If no bids are received, the authorized contracting party may award the contract by any alternative procedure.

(j) Award of contract: The contract shall be awarded in accordance with Subsection 3.28.050(f). If two or more bids are the same and the lowest, the city may accept the one it chooses.

(k) Rejection of bids: The city may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the city shall have the option of any of the following:

(1) Abandon the project; or

(2) Readvertise for bids in the manner described in this chapter; or

(3) By passage of a resolution by a four-fifths vote of the city council, declare that the project can be performed more economically by the employees of the city and have the project done by force account.

(Ord. No. 177-10, § 1, 4-21-2010)

(a) Uses of public works project informal bidding procedure: This informal bidding procedure shall be used when a public works project is involved and informal bidding is permitted by this chapter.

(b) Contractor list: The purchasing officer shall maintain a list of qualified contractors, identified according to categories of work, as described in Section 22034(a) of the Act. The list shall be developed and maintained in accordance with criteria established by the commission. In developing the list, the purchasing officer shall obtain from the contractor's state license board and from the contractor's trade associations in the county, the names and addresses of qualified contractors located in the county.

(c) Distribution of notice inviting informal bids: The purchasing officer shall provide a notice inviting informal bids. The notice inviting informal bids shall be mailed to either or both of the following: (1) all contractors on the qualified contractors list maintained pursuant to subsection (b) above; and/or (2) all construction trade journals specified in Section 22036 of the Act. The notice inviting informal bids must be mailed not less than ten calendar days before the bids are due.

(d) Contents of notice inviting informal bids: At a minimum, the notice inviting informal bids shall:

(1) Describe the project in general terms;

(2) State how to obtain more detailed information about the project;

(3) State the date, time and place for the submission of sealed bids; and

(4) Include any other information required by state or local law, as determined by the city attorney.

(e) Proprietary projects or products: If the director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(f) Contents of remaining bid and contract documents: The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the city attorney.

(g) City's authority: The city may reject any or all bids received, and may waive any minor irregularities in each bid received.

(h) No bids received: If no bids are received, the authorized contracting party may award the contract by any alternative procedure.

(i) Award of contract: The contract shall be awarded in accordance with Subsection 3.28.050(f). If two or more bids are the same and the lowest, the city may accept the one it chooses.

(Ord. No. 177-10, § 1, 4-21-2010)

(a) Uses of the nonpublic works project formal bidding procedure: A formal bidding procedure shall be used whenever formal bidding is required by this chapter and the project does not involve a public works project.

(b) Distribution of notice inviting formal bids or request for proposals: A notice inviting formal bids or a request for proposals, as appropriate, shall be published at least fourteen calendar days before the date of opening the bids or proposals in a newspaper of general circulation printed and published in the city, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the city. The notice inviting formal bids or request for proposals may also be provided directly to vendors or contractors. The city shall endeavor to receive formal bids or proposals from at least three vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder. If the purchasing officer and the director of the using department certify that, to the best of their knowledge, there is no local source or local provider available for the project, the notice inviting bids or the request for proposals, as appropriate, may be distributed to a list of qualified vendors maintained by the purchasing officer and/or published in a trade journal appropriate to the project, in lieu of publication in a newspaper of general circulation.

(c) Contents of notice inviting formal bids or request for proposals: At a minimum, the notice inviting formal bids or request for proposals shall:

(1) Describe the project or purchase in general terms;

(2) State how to obtain more detailed information about the project or purchase;

(3) State the date, time and place for the submission of bids or proposals; and

(4) Include any other information required by state or local law, as determined by the city attorney. Bids for purchases of more than thirty thousand dollars shall be sealed bids.

(d) Proprietary projects or sole source products: If the director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the notice inviting formal bids or request for proposals may be sent exclusively to such vendor(s) or contractor(s).

(e) Contents of remaining bid and contract documents: The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the city attorney.

(f) City's authority: The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.

(g) No bids received: If no bids are received, the authorized contracting party may award the contract by any alternative procedure.

(Ord. No. 177-10, § 1, 4-21-2010)

A. Uses of nonpublic works project informal bidding procedure: This informal bidding procedure shall be used whenever informal bidding is allowed for a purchase which does not involve a public works project.

B. Distribution of notice inviting informal bids or request for proposals: A notice inviting informal bids or request for proposals, as appropriate, shall be provided. The notice inviting informal bids or requests for proposals shall be provided to at least three vendors or contractors, and the city shall endeavor to receive informal bids or proposals from at least three vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder.

C. Contents of notice inviting informal bids or request for proposals: At a minimum, the notice inviting informal bids or request for proposals shall:

(1) Describe the project or purchase in general terms;

(2) State how to obtain more detailed information about the project or purchase;

(3) State the date, time and place for the submission of bids or proposals; and

(4) Include any other information required by state or local law, as determined by the city attorney.

Bids for purchases of more than thirty thousand dollars shall be sealed bids.

D. Proprietary projects or products: If the director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the notice inviting informal bids or request for proposals may be sent exclusively to such vendor(s) or contractor(s).

E. Contents of remaining bid and contract documents: The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the city attorney.

F. City's authority: The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.

G. No bids or proposals received: If no bids or proposals are received, the authorized contracting party may award the contract by any alternative purchasing procedure.

(Ord. No. 177-10, § 1, 4-21-2010)

In addition to the situations described Section 3.28.050, competitive bidding, either formal or informal, is not required for public works projects in the situations provided for in this section. Under such conditions, any alternative procedure may be used.

(a) Emergencies: In situations determined by the city administrator to constitute an emergency for a public works project, pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The city council hereby delegates to the city administrator the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of one hundred twenty-five thousand dollars, pursuant to Section 22035 of the Act and California Public Contract Code Section 22050. Emergency expenditures of more than one hundred twenty-five thousand dollars shall first be approved by the city council. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.

For emergency projects of more than thirty thousand dollars, a report on the emergency and work performed shall be provided at the next regular meeting of the city council, and then at every meeting thereafter as required by Section 22050. At such meetings, the city council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The city council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a formal bidding procedure.

For projects of thirty thousand dollars or less, the city administrator shall determine, on his or her own as the action continues, whether there is a need to continue the action without the benefit of public works project informal competitive bidding. The city administrator shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to an informal bidding procedure.

(b) No competitive market: When the city council determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.

(c) No bids received: When no bids are received pursuant to either the public works project informal bidding procedure or the public works project formal bidding procedure.

(d) Otherwise authorized: When otherwise authorized by this chapter or applicable law.

(Ord. No. 177-10, § 1, 4-21-2010)

In addition to the situations described in Sections 3.28.060 through 3.28.080, competitive bidding, either formal or informal, is not required for nonpublic works projects in the situations provided for in this section. Under such conditions, any alternative procedure, including no bidding, may be used with the city administrator's approval.

(a) Emergencies: In situations determined by the authorized contracting party to constitute an emergency, as defined in Section 3.28.020.

(b) No competitive market: When the city council determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.

(c) Competitive bidding already completed: When the authorized contracting party determines that a competitive bid procedure has been conducted by another public agency (e.g., through CMAS or GSA) and the price to the city is equal to or better than the price to that public agency.

(d) State purchase: When the purchase is made on behalf of the city by the California Department of General Services.

(e) Purpose of bidding is otherwise accomplished: When the city administrator determines that it is in the best interest of the city and its administrative operations to dispense with public bidding for nonpublic works projects under this chapter. Prior city council concurrence with the city administrator's determination shall be required for nonpublic works project purchases over one hundred twenty-five thousand dollars.

(f) No bids received: When no bids are received pursuant to either the nonpublic works project formal or informal bidding procedures.

(g) Otherwise authorized: When otherwise authorized by this chapter or applicable law.

(Ord. No. 177-10, § 1, 4-21-2010)

All using departments shall submit to the purchasing officer, at such times and in such form as he/she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out.

(a) The purchasing officer shall have authority to sell as surplus all supplies, materials and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the city administrator, and only after authorization from the city council as to any items of an estimated value of seven thousand five hundred dollars or more.

(b) Surplus supplies and equipment may be sold to the public if so prescribed by the city administrator and/or the city council. City officials and employees, and their immediate families, however, shall not be eligible to purchase such surplus items.

(Ord. No. 177-10, § 1, 4-21-2010)

A "local vendor" means a firm or individual or local business enterprise whose business address at the point of sale is located within the geographical boundaries of the city; and who maintains a valid license or permit to do business in the city. With respect to those bids relating to the purchase of items or services subject to state sales tax, the term "lowest responsible bidder" is deemed to include a one percent discount for local vendors in the computation of bids in order to reflect the financial advantages that accrue to the city by the award of a bid to a local vendor. The city shall also consider the cost to the city to pick up supplies and equipment at some distance from the city, to obtain parts and supplies, and to transport such items for repair and maintenance in the computations used to award contracts.

(Ord. No. 177-10, § 1, 4-21-2010)