(a) Purpose and intent. This Chapter is adopted pursuant to Government Code Section 54201 et seq. with respect to goods and services, and pursuant to Public Contract Code Section 20160 et seq. with respect to public projects, to provide guidance and direction regarding procurement to ensure that the City and its departments will receive high quality products and services at minimum cost to the taxpayer. The policies and procedures contained in this Chapter are not intended to conflict with the Public Contracts Code or any other applicable law governing the solicitation of bids and award of contracts for public projects.
(b) Procurement ethics. All City officers and employees directly or indirectly involved in procurement shall adhere to the following ethical standards:
(1) City officers and employees shall strive to maximize the value of every expenditure of public funds.
(2) City funds and resources shall be used with care and guided by prudent judgment and good business practices.
(3) Public funds shall be spent solely for the benefit of the public and in a manner that is consistent with all applicable federal, state, and local laws, regulations, policies, and procedures.
(4) City officers and employees shall ensure that all procurements are conducted with integrity under the principles of open and fair competition.
(5) All procurements shall be conducted with professional courtesy, impartiality, and objectivity in order to foster respect and public trust.
(6) City officers and employees shall not interfere with the carrying out of the duties and responsibilities of other City officers and employees under this Chapter.
(7) All actual or potential conflicts of interest related to the procurement process shall be reported immediately to the City Manager. Actual and perceived conflicts of interest shall be avoided throughout the entire procurement process.
(8) Positive business relationships shall be fostered and maintained through professional, fair, and equal treatment of all vendors and contractors.
(9) The City Manager shall be able to utilize organizations designed to assist governmental agencies in the procurement process such as Sourcewell, or other reputable organizations.
(10) Pursuant to Public Contract Code Section 1600 and 1601, the City is authorized to utilize electronic means in the procurement and administration of contracts, in accordance with all applicable laws, rules and regulations. Without limiting the nature of the foregoing, the City may utilize online bidding and selling methods, electronic signature in accordance with applicable state, local and federal law, and electronic mail for delivery of notices when “mailed” notice is required herein. Whenever “sealed” bids or proposals are called for, any electronic means may be used so long as such electronic means provide for the secured submission of the required data. Whenever bids are required to be “opened”, such bids shall be deemed “opened” if and when they are made available to both the City and the public simultaneously, in a public setting, including, without limitation, by way of making such bids available in an electronic format that is readable by the public.
(Ord. 247, passed 5-8-2024)