(A) $60,000 or less. Purchases of materials, supplies, and equipment of $60,000 or less may be awarded by the purchasing agent or the director of the department responsible for the purchase, or his or her designee, pursuant to § 3.08.040, by any alternative procedure.
(B) $60,001 - $75,000. Purchases of materials, supplies, and equipment of more than $60,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the Director of Utilities pursuant to the non-public project informal bidding procedure.
(C) $75,001 - $100,000. Purchases of materials, supplies, and equipment of more than $75,000, but less than or equal to $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
(D) More than $100,000. Purchases of materials, supplies, and equipment of more than $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
(E) Department director review of specifications. The director of the using department shall review and approve, or provide for the review and approval of, the specifications prepared for every purchase of materials, supplies, and equipment.
(F) Purchasing agent review of specifications. The purchasing agent, or his or her designee, shall review and approve the form of all contracts for the purchase of materials, supplies, and equipment.
(G) City Council review of specifications. The City Council shall review and approve the specifications prepared for every purchase of materials, supplies, and equipment of more than $100,000.
(H) Award. Contracts for the purchase of materials, supplies, and equipment of $60,000 or less, if awarded, may be awarded in the best interests of the city. Contracts for the purchase of materials, supplies, and equipment of more than $60,000, 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.
(I) 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 § 3.08.140 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. For materials, supplies, and equipment contracts awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager, or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount.
(J) Local bidder preference program; purchases of materials, supplies, and equipment; maintenance and general services.
(1) Based upon the findings provided for in the recitals of the ordinance adding this § 3.08.080(J), the City Council has determined that it is in the best interests of the city to give a minimal preference to local businesses when the city is making certain purchases of materials, supplies, and equipment, as well as when it is entering into contracts for certain maintenance work and other general services projects, as set forth in this local bidder preference program (“local program”).
(2) The local program shall consist of the following general requirements, which shall be implemented by the purchasing agent within the city’s Purchasing Policies and Procedures Manual:
(a) 1. A “local business” for purposes of this local program shall mean the vendor:
a. Has fixed facilities with one or more employees, which may include a sole proprietor, located at an address within city limits (a post office box alone is insufficient); and
b. Has an appropriate city business license/permit.
2. A vendor seeking to qualify for this local program shall provide supporting information and certify in writing that it meets the above requirements as part of its bid.
(b) In applying the local program to bids on a city purchase subject to the local program, a qualifying local business shall be entitled to a reduction of 5% in the tabulation of its bid for purposes of determining the lowest responsible bidder, unless otherwise prohibited by law (i.e. special state or federal grant programs).
(c) The local program shall only be applicable to purchases of materials, supplies, and equipment which are competitively bid and which involve an expenditure of $100,000 or less. If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
(3) The local program preference described in division (J)(2) above shall be applicable only to purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of $200,000 or less. For recurring purchases, the local program shall be applicable only to the city’s first $200,000 worth of such purchases for any fiscal year, as determined by city staff in its sole discretion. For such recurring purchases, the bidding documents shall indicate whether or not the local program is in effect for the applicable procurement. If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
(4) The local program may also establish a preference for purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of more than $200,000. Such preference shall allow the city to take into consideration the net sales tax to be returned to the city as a result of an award to a qualifying local business in determining the lowest responsive and responsible bidder. The net sales tax shall be calculated based on the applicable bid price provided by the bidder in accordance with the city’s purchasing policy.
(K) Recycled products preference. In order to promote the use of products containing recycled material, including post consumer material and secondary material, the city may take into consideration the percentage of recycled product in the materials, supplies, or equipment being provided in determining the lowest responsive and responsible bidder. This section shall not be effective unless and until the purchasing agent adopts a written policy to implement its provisions, which policy shall be included in the city’s Purchasing Policies and Procedures Manual. In addition, fitness and quality being equal, the city shall endeavor to purchase products containing recycled material instead of virgin products, whenever available at no more than the total cost of the virgin materials.
(L) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(M) Fleet replacement vehicles and equipment. Notwithstanding anything to the contrary contained herein, the purchasing agent shall be the authorized contracting party for the replacement of a vehicle or other equipment on the city’s annual vehicle/equipment replacement list, as approved through the budget process each year. The purchasing agent shall not make an award or approve such a purchase unless and until the applicable alternative procedure, non-public project informal bidding procedure or non-public project formal bidding procedure is followed.
(Ord. 3358 §4, 2023; Ord. 3280 §4, 2018; Ord. 3121 §1, 2012; Ord. 3105 §4, 2011; Ord. 3097 §4, 2011; Ord. 3060 §§ 2, 3, 2010; Ord. 3012 §4 (part), 2009; Ord. 2790 §2 (part), 2005.)