Sections:
3.24.010 Title.
3.24.020 Definitions.
3.24.030 Adoption of purchasing system.
3.24.040 Purchasing agent—Duties.
3.24.050 Unauthorized purchases.
3.24.060 Purchasing requirements.
3.24.070 Encumbrance of moneys.
3.24.080 Formal bid procedures for purchases or more than $25,000.
3.24.090 Informal quotation procedures for purchases of $25,000 or less.
3.24.095 Local vendor preference.
3.24.100 Professional services.
3.24.110 Emergency purchases.
3.24.120 Exceptions to bidding and quotation requirements.
3.24.130 Prohibition of interest.
3.24.140 Gifts and rebates.
3.24.150 Sale of property.
3.24.160 Harmless error or omission to be disregarded.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CITY PURCHASING AGENT. The City Manager or authorized representative.
CONTRACTUAL SERVICES or SERVICES. Work performed for the city by an individual or organization pursuant to a contract, and not as an employee of the city. The contract may provide for labor, materials and use
of property provided by the contractor and any subcontractor(s). Such services shall include, but may not necessarily be limited to, the maintenance and repair of grounds, buildings, equipment and fixtures; and the rental or lease of land, buildings, equipment or furnishings. This term shall not include professional services, which by their unique nature are not appropriately subject to open competition.
LOWEST RESPONSIBLE BIDDER. The bidder submitting the lowest proposed price and who, in the opinion of the Purchasing Agent, is most capable of providing the equipment, supplies, materials, or services consistent with the standards of the city. In addition to the price proposed in relation to the prices proposed by other bidders, the Purchasing Agent shall take the following into consideration when determining the "lowest responsible bidder":
(1) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(4) The quality of performance of previous contracts or services;
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
(6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
(7) The quality, availability and adaptability of the supplies, or contractual services to the particular use required;
(8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(9) The number and scope of conditions attached to the bid.
PROFESSIONAL SERVICES. Professional services are, by their nature, unique and therefore not subject to competitive bidding. Professional services are defined as follows and include, but may not be limited to:
Appraiser; Architect; Attorney; Bond Counsel; Certified Building Inspector; Certified Plan Checker; Certified Public Accountant; Chemical Engineer; Chemist; Chiropodist; Chiropractor; Civil Engineer; Computer Specialist; Construction Engineer; Consulting Engineer; Dentist; Economic Consultant; Electrical Engineer; Environmental Consultant; Event Coordinator; Event Entertainer; Financial Consultant; Geologist; Graphic Designer, Health Insurance Providers Consultant; Information Technology Consultant; Labor Relations Consultant; Interior Designer; Instructor; Landscape Architect; Library Specialist; Licensed Land Surveyor; Lighting Consultant; Market Feasibility Consultant; Media Consultant; Mechanical Engineer; Planning Consultant; Psychologist; Recreation Specialist; Records Management Consultant; Sanitation Engineer; Soils Engineer; Structural Engineer; Traffic/Transportation Engineer; Training Consultant; Veterinarian; Website Designer or other specialized personal and professional services required by the city.
SUPPLIES. All supplies, materials and equipment.
WRITTEN CONTRACT. Either the written purchase order or formal contract, whichever is appropriate, as determined by the Purchasing Agent.
(`83 Code, § 3.24.020) (Ord. 82-3 (part), 1982; Ord. 2016-07 § 1, 2016)
(A) There is hereby adopted a purchasing system in order to establish efficient procedures for the procurement of supplies, equipment and services; to exercise positive financial control over purchases; to clearly define authority for the purchasing function; to conserve public funds through the reduction of costs; and the improvement of the quality of materials, supplies and services from local community vendors where practical and in the best interests of the city.
(B) The provisions of this chapter shall not cover the expenditure of funds for Public Works projects, which are covered by Chapter 3.26 of this code and those provisions of the California Public Contract Code applicable to general law cities including, without limitation, Cal. Public Contract Code §§ 20160 et seq.
(C) In cases where the city's use of federal, state, or other government sources of funds are contingent on purchasing requirements that are different from those imposed by this chapter, the Purchasing Agent shall use those procedures as are necessary, in his/her discretion, to comply with any conditions of the funding source as well as the procedures established by this chapter if the same are more restrictive.
(`83 Code, § 3.24.030) (Ord. 82-3 (part), 1982; Ord. 93-27 § 1, 1993; Ord. 2015-02 § 1, 2015; Ord. 2016-07 § 1, 2016)
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