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Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following circumstances:
A. When the estimated amount involved is less than five thousand dollars ($5,000.00);
B. When the commodity or service can be obtained from only one vendor;
C. The city manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to this section shall be submitted to the city council for ratification at the next regular council meeting after the purchase is authorized;
D. The city council may authorize the execution of contracts for personal services, for professional and consultant services, and for other, nonpublic projects and for contractual services without observing the bidding procedures provided herein where the amount of the contract exceeds the value set forth therein;
E. The city manager is authorized to enter into contracts for personal services, for professional and consulting services and for other contractual services without observing the bidding procedure provided in this chapter where the amount of the contract does not exceed the amount of seventy-five thousand dollars ($75,000.00); provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged;
F. Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity;
G. When the city council finds that adherence to the procedures in this chapter would be inefficient, impractical and unnecessary;
H. The city council may authorize the execution of a lease or leases for office space for the city government without observing the bidding procedures provided herein irrespective of the term of the lease or leases or the amount of rent and other charges to be paid by the city under the lease or leases;
I. The competitive bidding provisions of this chapter shall not apply to purchases and contracts involving the acquisition of information technology supplies, equipment or services including, but not limited to, the acquisition of software and related services. Selection shall be on the basis of requirements and specific evaluation criteria established by the city which result in the best value to the city. Purchases and contracts pursuant to this subsection shall require approval from the city manager or his or her designee.
(Ord. 567-21 Exhibit A, 2021; Ord. 460 § 1 (part), 2011: Ord. 3 § 1 (part), 1991: prior code § 3.12.270)
Procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures provided for in this chapter, shall be as set forth in the city’s purchasing procedures, as may be amended from time to time. Such procedures, rules and regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost effectiveness. Where the selection of private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services is involved, such procedures shall ensure services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the city, in compliance with the requirements of Government Code Section 4526. Contracts for services over seventy-five thousand dollars ($75,000) shall be awarded by the city council.
(Ord. 567-21 Exhibit A, 2021; Ord. 3 § 1 (part), 1991: prior code § 3.12.280)
The city council, city manager, or purchasing agent, at their prescribed authorization levels within this chapter, shall have the authority to join with other public and quasi-public agencies in cooperative purchasing plans or programs for the purchase of supplies, services and/or equipment by contract, arrangement, or agreement as allowed by law, provided the city council, city manager, or purchasing agent, at their prescribed authorization levels within this chapter, determines that participation is in the city's best interests and the administering agency has made its purchases in a competitive manner. In addition, the city council, city manager, or purchasing agent, at their prescribed authorization levels, may buy directly from a vendor at a price established by another public agency when the other public agency has made its purchase in a competitive manner.
(Ord. 567-21 Exhibit A, 2021; Ord. 460 § 1 (part), 2011)
The purchasing agent, or his or her designee, must be contacted when city personal property (supplies and equipment) has been deemed excess, obsolete, worn out, no longer usable, or no longer needed by the city, except as provided otherwise in this section. Surplus property disposal forms are to be completed to facilitate transfer of the city property for proper disposal. The city manager or designee will determine the best avenue for disposal, for the benefit of the city. Such avenues include, but are not limited to, the following:
A. Sale. For city property deemed suitable for sale, city manager or designee may offer the city property for sale via the following approved methods:
1. Public Auction. Surplus property may be sold at public auction. Online auctions are an acceptable auction method. City may contract with a professional auctioneer, at its discretion.
2. Sealed Bids. Sealed bids may be solicited for the sale of surplus property. Surplus property disposed of in this manner shall be sold to the highest responsible bidder.
3. Selling for Scrap. Surplus property may be sold as scrap if it is deemed that the value of the raw materials exceeds the value of the property as a whole.
4. Negotiated Sale. Surplus property may be sold outright if it is determined that only one known buyer is available or interested in acquiring the property. Advertisement of the sale must be published in a newspaper for at least two weeks prior to the negotiated sale to ensure no other interested buyers are available.
A receipt or other proof of disposal from the outright sale, the contracted auctioneer, licensed scrap dealer, individual buyer, etc. is required and is to be forwarded to the Finance Department. City will return proceeds to the appropriate revenue fund.
All surplus property is for sale “as is” and “where is”, with no warranty, guarantee, or representation of any kind, express or implied, as to the condition, utility or usability of the property offered for sale.
B. Trade-in. Property declared as surplus may be offered as a trade-in for credit toward the acquisition of new property.
C. Donation. With the approval of the city manager or designee, the city may donate usable items with a minimal fair market value (such as outdated computer equipment and furniture) to a registered charitable organization or community organization. Surplus property may also be donated to any other public agency or charitable organization exempt under Section 501(c)(3) of the Internal Revenue Code. “Public agency” means the State of California or any agency or subdivision thereof, including any city, county, special district, or school district. A letter from the public agency or organization, acknowledging receipt of the asset(s), is required.
D. Return to Manufacturer. Surplus property may, when possible, be returned to the manufacturer for buy-back or credit toward the purchase of new property. Documentation related to such a transaction shall be forwarded to the Finance Department.
E. Disposal. When the cost of locating a buyer exceeds the estimated sales price of surplus property, the property may be recycled, destroyed, or disposed of as junk.
(Ord. 567-21 Exhibit A, 2021; Ord. 3 § 1 (part), 1991: prior code § 3.12.300)