The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
“Best value” shall mean the expected outcome of a solicitation that in the City's estimation will provide the greatest overall benefit to the City, including price, quality, durability, servicing, delivery time, vendor reputation, standardization, and/or other factors that, in the purchasing officer's judgment, demonstrate overall benefit to the City.
“Bid” shall mean an offer or proposal submitted by a bidder setting forth the price for the goods, services, or public project to be provided.
“Bidder” shall mean any individual, firm, entity, partnership, or corporation or combination hereof submitting a bid.
“Change order” shall mean a City-issued document used to modify a purchase order to add, delete, or revise the quantity, price or scope of goods, services, or public project being provided.
“Competitive procurement” shall mean a process involving the solicitation of goods, services, or public projects, under the authority and supervision of the purchasing officer, by formal procurement or informal procurement pursuant to procedures and circumstances intended to foster effective, broad-based competition within the private sector to provide goods, services, or public projects to the City.
“Contract” shall mean any type of legally recognized agreement to provide goods, services, or a public project, no matter what it may be titled or how described, including executed purchase orders, but does not include any agreement for collective bargaining, utility extensions, subdivision improvements or any agreements whereby an owner of real property or his or her authorized representative agrees to construct improvements of a public nature on property to be dedicated to the City.
“Contractor” shall mean any party who bids on or enters into a contract with the City for a public project.
“Cooperative purchasing” shall mean a purchasing method whereby the procurement requirements of two or more governmental entities are combined in order to obtain the benefit of volume procurement or reduction in administrative expenses and may include other agencies who conduct volume procurements on behalf of government agencies.
“Department head” shall mean the director of a department of the City or that department head's designee.
“Electronic bidding system” shall mean the electronic program used by the City for bidding that provides a secured platform for the solicitation and submission of bids in compliance with bidding policies and procedures.
“Emergency” shall mean either:
(1) Regarding public projects, as defined in this Chapter, the meaning provided in Public Contract Code Section 1102; or
(2) Regarding all procurement unrelated to public projects, a safety condition or situation which makes bidding procedures, either fom1al or informal, impractical or not in the City's best interests.
“Force account” shall mean work performed on public projects using internal City resources, including, but not limited to, labor, equipment, materials, supplies and subcontracts of the City.
“Formal bid” shall mean a bid submitted in response to a formal procurement.
“Formal procurement” shall mean competitive procurement by written notice inviting bids, requests for proposals, or request for qualifications.
“Goods” shall mean supplies, materials, equipment, and other things included within the definition of “goods” in Uniform Commercial Code Section 2015. “Goods”, referred to as “supplies”, means office supplies, janitorial supplies, materials, tools, or other commodities used in the general conduct of the City's business, excepting supplies or materials for a public work which is regulated under the California Public Contract Code Sections 20160, et seq.
“Informal bid” shall mean a bid submitted in response to informal procurement.
“Informal procurement” shall mean competitive procurement by bid, price quotation, or proposal for any procurement that is conveyed by mail, fax, email or other electronic means, or other written manner that does not require a sealed bid or proposal, public opening, or other formalities.
“Lowest responsive bidder” means the bidder for goods or services who submits the lowest priced responsive bid in response to the City's invitation or request therefor, after adjustments for qualified local vendors.
“Lowest responsible bidder” shall mean the bidder for a public project who fully complies with all bid requirements and whose past performance, reputation, and financial capability is deemed acceptable, and who has offered the most advantageous pricing or cost benefit, based on the criteria stipulated in the bid documents.
“Negotiated contract” shall mean the procurement of goods, services, and public projects through a negotiation procedure instead of competitive procurement.
“Nonprofessional services” shall mean services that are a non-professional character of any type, description or variety such as: tree trimming services, janitorial services, appliance repair, pest control, window washing, canvas awning repairs, street/parking lot sweepers, pressure washing, carpet cleaning, repair services for office machines and equipment or automotive vehicles, landscape maintenance services, and work performed by a licensed contractor that does not constitute a “public project” such as sidewalk maintenance and repair.
“Personal property” shall include money, goods, chattels, negotiable instruments, written evidence of rights in legal actions, evidences of debts, and other items of intrinsic value which are not considered by law to be real property, but shall exclude animals.
“Procure” or “procurement” shall mean buying, purchasing, renting, leasing or otherwise acquiring or obtaining goods, services, or public projects, and all functions and procedures related thereto, including through use of electronic bidding system.
“Professional services” shall mean all services that are not affiliated with a public project performed by persons or firms in a professional occupation, including, but not limited to, consulting and performance services for accounting, financial, economic, auditing, redevelopment, computer hardware and software support, engineering, architectural, landscape architectural, planning, environmental, land surveying, construction project management, personnel, social services, animal control, lobbying, grant-writing, legal, management, communication and other similar professional functions.
“Public project” shall have the meaning set forth in Public Contract Code Section 22002(c), and for purposes of this Chapter, shall include maintenance work as defined in Subsection (d) thereto, as allowed by Public Contract Code Section 22003.
“Qualifying focal vendor” shall mean a vendor of goods and nonprofessional services that:
(1) Has fixed facilities with employees and a business street address (post office box or residential address shall not suffice to establish a local presence unless the address is registered as a home business) located within the City limits;
(2) Has a City business license; and
(3) If related to a procurement of goods, all sales tax returns for the goods purchased are reported to the state through a business within the geographic boundaries of the City.
“Responsible bidder” shall mean a bidder for goods or services who is determined by the City Manager, purchasing officer, or department head, as may be applicable, to be responsible based on the following criteria:
(1) Bidder's ability, capacity, and skill;
(2) Bidder's facilities and resources;
(3) Bidder's character and reputation;
(4) Bidder's record of performance with the City; and
(5) Bidder's compliance with laws, regulations, guidelines, and orders governing prior contracts performed by the bidder.
“Services” shall mean nonprofessional services and professional services.
“Surplus personal property” shall mean inventory of personal property not needed by the City at the present time or in the foreseeable future, such as obsolete supplies, equipment, and scrap materials that have little or no useful life, not including real property.
“Unclaimed property” shall mean personal property of others taken into the possession of the Police Department, Code Enforcement, or left in its possession or turned over to it by a person who found or saved such property, but does not include:
(1) Property subject to confiscation under the laws of the state or of the United States;
(2) Vehicles, the storage, sale, or other disposition of which is governed by the provisions of the Vehicle Code; and
(3) Property held as evidence, dangerous or deadly weapons, narcotics or dangerous drugs, explosives or property of any kind whatsoever, which is prohibited, restricted or outlawed by state or federal statutes, or which has been intentionally abandoned by its owner, based on an objectively reasonable belief supported by facts or evidence that the property has been intentionally abandoned or relinquished.
“Vendor” shall mean any party who bids on or enters into a contract with the City for goods or services.
(Ord. 247, passed 5-8-2024)