Woodside Municipal Code § 34.24 Preparation of purchase orders

The purpose of this subchapter is to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity.

(Ord. effective - -96)

Except as otherwise provided herein, this subchapter applies to contracts for the procurement of supplies, equipment, and services, entered into by the Town.

When the procurement involves the expenditure of federal assistance or contract funds, the procurement shall be conducted in accordance with Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards Section 2—CFR 200317-200326. Nothing in this subchapter shall prevent any public agency from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Architect-engineer and land surveying services. Those professional services within the scope of practice of architecture, professional engineering, or land surveying, as defined by the laws of the state.

Brand name or equal specification. A specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance, and other salient characteristics needed to meet Town requirements, and which provides for the submission of equivalent products.

Brand name specification. A specification limited to one or more items by manufacturers' names or catalogue numbers.

Business. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

Invitation for bids. All documents, whether attached or incorporated by reference, utilized for soliciting bids.

Person. Any business, individual, union, committee, club, or other organization, or group of individuals.

Procurement. The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies or services. It also includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection, and solicitation of sources, preparation and award of contract, and contract administration.

Quote. Synonymous with "bid" as used in this subchapter.

Services. The furnishing of labor, time, or effort, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.

Specification. Any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery.

Supplies. All property (including but not limited to equipment and materials) except as otherwise provided herein.

Surplus supplies. Supplies which are worn out, obsolete or unsuitable for Town use.

Town. The Town of Woodside.

(Ord. effective - -96)

There is hereby established for the Town a Division of Purchases, headed by a Purchasing Agent. The Town Manager or Manager's designee shall be the Purchasing Agent of the Town.

(Ord. effective - -96)

In accordance with this subchapter, the Purchasing Agent shall:

(A) Procure or supervise the procurement of all supplies and services needed by the Town, except as otherwise provided herein;

(B) Exercise direct supervision over the Town central stores and general supervision over all other inventories of supplies belonging to the Town;

(C) Sell, trade or otherwise dispose of surplus supplies belonging to the Town; and

(D) Establish and maintain programs for specifications development, contract administration and inspection and acceptance, in cooperation with the public agencies using the supplies and services.

(Ord. effective - -96)

Consistent with this subchapter, the Purchasing Agent may adopt operational procedures relating to the execution of duties.

(Ord. effective - -96)

The Purchasing Agent may delegate authority to purchase supplies or services, and to dispose of surplus supplies, to other Town officials if such delegation is deemed necessary for the effective procurement or disposal of those items, and is authorized by the Town Manager.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

In every case, purchases shall be awarded on the basis of the bid or bids most advantageous to the Town. In determining whether a bid is most advantageous to the Town, in addition to price, the Purchasing Agent or Town Council may consider the following:

(A) The ability, capacity and skill of the bidder to perform the contract or provide the service required;

(B) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

(C) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(D) The quality of performance of previous contracts or services;

(E) The previous and existing compliance by the bidder with the laws and ordinances;

(F) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

(G) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;

(H) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

(I) The number and scope of conditions attached to the bid.

(Ord. effective - -96)

In cases where the Purchasing Agent makes the purchase and, in the opinion of the Purchasing Agent, the most advantageous bid is not the lowest bid, the Purchasing Agent shall prepare and place on file with the permanent records of the Town a written statement of his/her opinion and the reasons therefor. Such statements shall be open to public inspection at all times during regular office hours.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

A bidder with a permanent place of business within the Town shall be preferred over a bidder without a permanent place of business within the Town, in cases where two or more bids are judged to be equal on the basis of price, quality and service.

(Ord. effective - -96)

(A) Use. Brand name or equal specifications may be used when the Purchasing Agent determines that:

(1) No other design or performance specification or qualified products list is available;

(2) Time does not permit the preparation of another form of purchase description, not including a brand name specification;

(3) The nature of the product or the nature of the Town's requirements makes use of a brand name or equal specification suitable for the procurement; or

(4) Use of a brand name or equal specification is in the Town's best interest.

(B) Designation of several brand names.

(1) Brand name or equal specifications shall state that substantially equivalent products to those designated will be considered for award.

(2) Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

(A) All vendors providing paper products and printing and writing paper to the Town shall:

(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber instead of nonrecycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled items.

(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR Section 260.12.

(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

(4) Certify in writing, on invoices or receipts provided, which may be electronic, that the paper products and printing and writing paper offered or sold is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12 (2013).

(5) Provide records to Woodside's recovered organic waste product procurement recordkeeping designee, in accordance with this section and the Town's procurement policy, of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any division or department or employee of the Town. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Subsections (A)(3) and (4) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled-content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(B) All vendors providing compost to the Town shall provide compost that meets the definition in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this section, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. Compost eligible for meeting the Town's annual recovered organic waste product procurement target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the state's composting operations regulatory requirements.

(C) All vendors providing mulch to the Town shall provide SB 1383 eligible mulch pursuant to 14 CCR Chapter 12 of Division 7 that meet the conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4).

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

The purchase of all supplies, equipment, and non-consultant services of the Town shall be made pursuant to this section.

(A) Purchases of less than $10,000.00. Where the amount or value is less than $10,000.00, the purchase may be made without an informal or formal quote or bid process.

(B) Purchase of $10,000.01 to $25,000.00. Where the amount or value involved is from $10,000.01 to $25,000.00, the purchase or disposal may be made by the Purchasing Agent without written quote, and by informal price checking through telephone or mail inquiry, comparison of prices on file or otherwise. At least three informal quotations should be obtained.

(C) Purchase of $25,000.01 to $35,000.00 made through formal written quote. Where the amount or value involved is at least $25,000.01 and up to $35,000.00, the purchase or disposal shall be made by the Purchasing Agent through formal written quotation, with the purchase being made in the discretion of the Purchasing Agent taking into account the provisions of Sections 34.08 through 34.12.

(D) Purchase of $35,000.01 or more made by the Town Council through competitive bid. Where the amount or value involved is at least $35,000.01, the purchase shall be made by the Town Council through competitive bid, upon notice as hereafter required by Section 34.18. Provided, however, the Council may elect to make any purchase in any amount (except as the law of the state of California otherwise require) in the following cases:

(1) By majority vote of Councilpersons upon a determination that competitive bids upon notice would not be likely to result in a lower price to the Town from a responsible bidder or would cause unnecessary expense or delay under the circumstances;

(2) By majority vote of Councilpersons present at a Council meeting that said purchase may be made through a governmental entity, as provided in Section 34.17, upon a determination that competitive bids upon notice would not be likely to result in a lower price to the Town from a responsible bidder or would cause unnecessary expense or delay under the circumstances;

(3) By majority vote of those present at a Council meeting upon a determination that the immediate preservation of the public peace, health, or safety requires said purchase be made without competitive bids upon notice;

(4) By majority vote of those present at a Council meeting upon a determination that there is only one source for the required supply or service based on a review of available sources by the Purchasing Agent or written recommendation therefor.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

(A) The Council finds and declares that the competitive bid process is ill-suited for the selection of consultants. Consultants are required for professional or technical expertise and for matters requiring specialized abilities or a high degree of skill. Their numbers (in relation to a particular skill or expertise required) are comparatively limited. Where consultants are involved, the bidding process is not likely to result in a lower price to the Town or eliminate unnecessary expense or delay.

(B) The Purchasing Agent shall be empowered to engage a consultant (including, but not limited to, material testing services and construction inspection services) without the necessity of competitive bidding or notice thereof:

(1) Without Council approval if the consultant's total fee for services and materials under the contract by which the consultant is engaged does not exceed $35,000.00.

(2) With Council approval if the consultant's total fee for services and materials under the contract by which the consultant is engaged exceeds $35,000.00.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

(A) In an emergency requiring the immediate preservation of the public peace, health and safety, and precluding action by the Town Council, the Purchasing Agent may purchase supplies or services, even though the amount thereof may exceed $35,000.00, without competitive bids upon notice.

(B) At the next succeeding Council meeting, the Purchasing Agent shall submit to the Council a written statement of the circumstances of such emergency, a description of the supplies or services purchased, and the prices thereof.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

(A) Where the Purchasing Agent or Town Council are required to make purchases upon competitive bids, said Agent or Council may waive any informalities or minor irregularities or may reject any and all bids (anything herein contained to the contrary notwithstanding) if said Agent or Council deems said rejection to be in the best interests of the Town.

(B) Said rejection shall be at the sole discretion of the Agent or Council, as the case may be. Upon rejection of bids, the Agent or the Council, as the case may be, may:

(1) Give subsequent notice for new competitive bids; or

(2) Postpone said purchase or disposal definitely or indefinitely; or

(3) Elect to make the purchase without competitive bids, upon notice (and as if competitive bids, upon notice, had not been required in the first instance) in accordance with the authority granted by the various subsections of this subchapter.

(Ord. effective - -96)

Purchases may be made on behalf of the Town through any governmental entity (including, but not limited to, the State of California or the County of San Mateo) pursuant to authority granted by any statute or ordinance or pursuant to contractual arrangement between the Town and said governmental entity. The Town is hereby authorized and empowered to enter into contracts with other governmental entities providing for purchases to be made on behalf of the Town.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

Where notice is required, notice shall be given as follows:

(A) For purchase under Section 34.13(D) ($35,000.01 or more) by publishing notice in a newspaper of general circulation within the Town on at least one occasion at least five days prior to the date set for the final receipt of bids. Provided that publication may be made in any newspaper of general circulation in San Mateo County which the Purchasing Agent shall select if the publication schedule of all newspapers of general circulation in the Town are such that notice by publication cannot be given in time.

(B) The notice shall give such information as to the proposed purchase or disposal as the Purchasing Agent deems sufficient but shall include the following:

(1) A general description of the supplies, equipment, or non-consultant services to be purchased or personal property to be disposed;

(2) Date, time and place of bid opening;

(3) Whether bid deposit or bond and faithful performance bond will be required.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

(A) Submission in writing. Where competitive bids are required, they shall be submitted in writing in a sealed envelope at the office of the Purchasing Agent no later than the final time and date for the receipt of bids as set forth in the notice of publication and opened publicly. Where competitive bids are required, the purchase or disposal shall be made on the basis of three or more of said bids unless the Purchasing Agent shall certify in writing that less than three prospective vendors or purchasers have submitted bids or that, to the best of the Agent's knowledge, there are less than three prospective vendors from whom the supplies or services are available and that bids were invited from all of said vendors. Any bid may be withdrawn by a written request signed by the bidder and received by the Purchasing Agent prior to the final time and date for the receipt of bids.

(B) Opening. Bids shall be opened in public at the time and place stated in the public notices.

(C) Tabulation. A tabulation of all bids received shall be posted for public inspection.

(Ord. effective - -96)

When deemed necessary by the Purchasing Agent or Town Council, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent or Council. A successful bidder (and his/her surety, if a bond is furnished) shall be liable for any damages upon the bidder's failure to enter into a contract with the Town or upon the bidder's failure to perform his/her bid.

(Ord. effective - -96)

When deemed necessary by the Purchasing Agent or Town Council, any person entering into a contract with the Town may be required to furnish a faithful performance deposit or bond in an amount determined by the Purchasing Agent or Council. Said person (and his/her surety, if a bond is furnished) shall be liable for any damages upon said person's failure to faithfully perform the terms of his/her contract.

(Ord. effective - -96)

(A) The Purchasing Agent may call for bids or give notice to any and all persons whatsoever or publish in any case where the same is not required by the terms of this subchapter; and is empowered to invite bids by telephone, mail, fax, or email when deemed in the best interests of the Town.

(B) The Purchasing Agent shall keep a record of all purchases made and the bids, if any, submitted thereon. Said records shall be open to public inspection.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

(A) The Purchasing Agent shall be empowered to utilize the request for sealed proposal method for purchase of supplies, equipment, or non-consultant services without Council approval if the amount or value involved is $35,000.00 or less if the Purchasing Agent determines that the use of competitive bidding is advantageous to the Town. Where the Town determines to select a professional consultant's services under this section, any Town consultant involved in the preparation of and/or implementation of a request for proposal (RFP) for such services shall not be allowed to submit proposals for services under such RFP unless authorized by Government Code § 1097.6 to do so.

(B) For purchases in excess of $35,000.00, notice shall be given as required by Section 34.18.

(C) No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.

(D) The request for proposals shall state evaluation factors.

(E) As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing offerors or of any information derived from proposals submitted by competing offerors.

(F) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Town, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation.

(G) Without limitation to the applicability of any other provisions of this subchapter, the Purchasing Agent or Town Council may reject any and all proposals if said rejection is deemed in the best interests of the Town. Upon rejection, the Purchasing Agent or Council may request new sealed proposals or utilize any alternative method allowed under this subchapter.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

Upon ascertaining the price to be paid for supplies, equipment, or services and when requested by a vendor, the Purchasing Agent shall prepare a purchase order. The Purchasing Agent shall forward the original purchase order to the vendor, retaining one copy for his/her purchase order file. He/she shall likewise forward one copy of the purchase order to the department for whose benefit the purchase is being made to be used as a receiving report.

(Ord. effective - -96; Am. Ord. 2020-614, § 1, effective 11-26-20; Ord. No. 2024-635, effective 4-25-24)

No purchase order shall be issued until it has been ascertained that there is a sufficient unencumbered appropriated balance in excess of all unpaid obligations to defray the amount of such order.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

The Purchasing Agent or their designee shall be responsible for making a careful check of the quality, condition, and quantity received as against his/her copy of the purchase order and the packing lists. The Purchasing Agent or their designee shall fill out the receiving report form, attaching thereto the packing lists.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

The Purchasing Agent or their designee, upon receipt of the vendor's invoice, shall compare the same with the copy of the purchase order and the receiving report. He/she shall check the invoice for correctness of unit prices, discounts, transportation allowances, etc., and with reports of quality and quantity of goods received.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

The Purchasing Agent or their designee shall inspect, or cause to be inspected, all deliveries of supplies, equipment, or services to determine their conformance to specifications. The Purchasing Agent or their designee shall have the authority to require chemical, physical, or other tests of samples submitted with bids and samples of deliveries which are necessary to determine quality and conformance to the specifications. In the performance of such tests, the Purchasing Agent or their designee shall have the authority to make use of laboratory facilities of any department of the Town or any outside laboratory.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

The Purchasing Agent or their designee shall control and supervise any and all storerooms or warehouses of the Town. The Purchasing Agent or their designee shall be responsible and accountable for all supplies in his/her custody and shall maintain a suitable inventory thereof.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

Except as otherwise provided by State law or Town ordinance, the Purchasing Agent shall be empowered to dispose of personal property of the Town which cannot be used by the Town, at public or private sale or by renting or destroying the same, (all with or without notice, competitive bid or necessity of posting bid bonds, at the Purchasing Agent's discretion, and upon such terms as he/she deems best), provided any single item of property involved does not exceed $3,000.00 in current market value.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

The Purchasing Agent may, in his/her discretion, require that a deposit in the amount of the bid or any fraction thereof accompany each bid upon the disposal of personal property.

(Ord. effective - -96)

In the event any single item of property exceeds $3,000.00 in current market value, the Town Council may empower the Purchasing Agent to dispose of it (in accordance with the same terms and conditions and subject to the same discretion and limitations as if it were under $3,000.00). Alternatively, the Town Council may elect to sell, rent or destroy the same in accordance with whatever provision, terms and conditions the Council may, in its discretion, decide.

(Ord. effective - -96; Ord. No. 2024-635, effective 4-25-24)

The provisions of this subchapter shall not apply:

(A) To public works projects (governed by the provisions of the California Public Contracts Code);

(B) To franchises governed by the provisions of the California Public Utilities Code or other statute of the State of California;

(C) Where state or federal law requires a different procedure;

(D) To franchises, rights, privileges, licenses and permits granted by the Town;

(E) To the purchase of insurance;

(F) To the leasing, purchase or sale of land or any interest therein;

(G) To the hiring of or contracting for personnel (whether as temporary, seasonal or permanent employees, agents or independent contractors);

(H) To construction contracts other than public works projects; or

(I) To the purchase of utilities, including, but not limited to, telephone service, gas, electricity or water.

(Ord. effective - -96)