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The following are exemptions from the informal and formal competitive solicitation requirements of this chapter, except as otherwise provided. These exemptions will be narrowly interpreted and applied. The department requesting an exemption shall provide all relevant information supporting the application of the exemption to the Procurement Officer. Based upon this information, the Procurement Officer shall make a recommendation to the City Manager and the City Manager shall determine whether an exemption from the competitive solicitation requirements applies. Nothing herein is intended to preclude the use of competitive solicitations, as practicable.
(a) Emergency Contracts, provided that any procurement of goods and services obtained during an emergency declared by the Federal Emergency Management Agency shall comply with applicable FEMA Public Assistance Program's orders, rules, regulations, guidelines and control procedures for cost reimbursement purposes.
(b) Whenever solicitations of bids or proposals would for any reason be impracticable, unavailing or impossible, provided that in the case of a public works project, the project is not otherwise required by the charter to be formally bid. These situations are those where solicitations of bids or proposals would not be useful or produce any operational or financial advantage for the city. Situations where solicitations of bids or proposals would be impracticable, unavailing or impossible, include, without limitation, the following:
(1) Contract specifications cannot be drawn in a way that would enable more than one vendor, consultant or contractor to meet them;
(2) Due to circumstances beyond the control of the city, the time necessary to use the competitive solicitation process, procedures and requirements would result in a substantial economic loss to the city or the substantial interference with a required city operation;
(3) Special conditions attached to a grant, donation or gift requires the use of particular goods and/or services.
All requests for exemptions under this subsection shall be supported by written documentation (facsimile or electronic mail may be used), approved by the department head and the Procurement Officer.
(c) Where competitive bids or requests for proposals have been solicited and no bid or proposal has been received, or where no bid or proposal meeting the requirements of the invitation to bid or request for proposals has been received, provided that, in the case of a public works project, the project is not otherwise required by the charter to be formally bid.
(d) Contracts for goods, wholesale commodities and services, general services or professional services available from only one source, where the Procurement Officer has determined, in writing, there is no adequate substitute or equivalent provider. Examples of acceptable sole source acquisitions or purchases may include, without limitation: equipment or services for equipment, for which there is no comparable competitive product or service except that provided by the equipment manufacturer, distributor or dealer; proprietary products sold directly by the manufacturer; a component or replacement part, for which there is no commercially available substitute and which can be obtained only from the manufacturer; goods where there is only one authorized distributor in the area; and goods where compatibility with goods in use by the city is an overriding consideration. All requests for sole source acquisitions or purchases shall be supported by written documentation (facsimile or electronic mail may be used), approved by the office or department head, and forwarded to the Procurement Officer.
(e) Contracts for goods where, pursuant to Section 2.30.900, the City Manager has determined that standardization of the supplies, materials or equipment is permissible.
(f) Placement of insurance coverage and surety bonds.
(g) Legal services contracts, including, without limitation, the services of outside counsel, consultants and other experts needed for litigation, administrative or other legal proceedings.
(h) Professional services contracts for private development related studies and services whenever the services are funded wholly by private developers.
(i) Professional services contracts, where the estimated total expenditure by the city, regardless of term, does not exceed $50,000.00.
(j) Cooperative purchases, with one or more other public agencies or through a cooperative purchasing agency, provided: (i) the services are solicited using methods substantially similar to those required by this chapter, as determined by the Procurement Officer; and (ii) the contract is consistent with the requirements specified in this municipal code.
(k) The use of another governmental or public agency's contract or substantially the same contract terms provided: (i) the agency uses a solicitation method substantially similar to the method required by this chapter; (ii) the contract is consistent with the requirements specified in this municipal code; and (iii) the Procurement Officer determines that the city will realize overall value to utilizing the other agency's contract or contract terms compared to the city performing its own solicitation.
(m) Contracts with Pacific Gas and Electric Company and the California Independent System Operator Corporation for energy transmission services to the extent necessary and expedient to provide for the general health, safety and welfare of the city's utility customers.
(n) Contracts with any public agency or governmental body to construct a public work, where the Procurement Officer determines the public agency or governmental body has used methods similar to those required by this chapter to contract for the public work.
(o) Contracts with any public utility holding a certificate of public convenience and necessity or any entity holding a cable service or video service franchise pursuant to chapter 2.10 of this municipal code to construct a public works, where such works involves property of such public utility or cable service or video service franchisee and is otherwise of direct concern to both the city and such public utility or cable service or video service franchisee, provided that the project is not otherwise required by the charter to be formally bid.
(p) Contracts with private developers to construct public improvements in connection with their development projects, even if the city contributes funds to the improvement project, provided that the projects are not otherwise required by the charter to be formally bid.
(q) Projects, where the public work is performed by the city with its own employees.
(r) Contracts, where the estimated total expenditure by the city does not exceed $10,000.00.
(s) Contracts with entities to procure at wholesale prices utility commodities and services under a city "feed-in tariff" energy program that meets the requirements of Section 2.30.340(c).
(t) Professional services contracts in relation to personnel matters for: recruitment consultants, workplace investigations, threat assessments, conflict intervention, and industrial safety.
(Ord. 5494 § 21, 2020: Ord. 5387 § 1 (part), 2016: Ord. 5148 § 2, 2012: Ord. 5081 § 1, 2010: Ord. 4827 § 1 (part), 2004)
PART 5 – COMPETITIVE SOLICITATION PROCEDURES
(a) An informal invitation for bids or requests for proposals may be solicited by any reasonable means, including, without limitation, mail, telephone, facsimile transmission, e-mail or posting to the city's web site. Quotations shall be solicited from a minimum of three bidders or proposers; if quotations from three bidders or proposers cannot be obtained by the exercise of due diligence, quotations shall be solicited from less than three bidders or proposers, as practicable. The Procurement Officer shall maintain a record of all informal invitations for bids and informal requests for proposals received by the city for a period of time in compliance with California law and the city's records retention schedule.
(b) An informal invitation for bids shall be awarded to the lowest responsive and responsible bidders, as described in Section 2.30.440.
(c) An informal request for proposals shall be awarded on the basis of the proposal deemed most advantageous to the city based on the factors set forth in Section 2.30.410(e).
(d) If a contract, price quotation, or purchase order is made or awarded to other than the consultant or contractor submitting the lowest price in its quotation, bid or proposal, the Procurement Officer shall prepare the record of the transaction, in writing, containing the reasons or grounds for the decision to award the contract.
(Ord. 5494 § 22, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
(a) Advertising. Contracts that must be solicited by formal request for proposals shall be solicited by notice requesting proposals by advertising the notices requesting proposals on the City’s website for no fewer than five days prior to the date set for the submission of proposals. As practicable, proposals shall be solicited from a minimum of three proposers.
(b) Proposal submittal. The request for proposals shall specify the date, time and place for submitting proposals and describe the scope and time frame for the delivery of the proposed solution requested, the information to be submitted by the proposer, and the criteria for evaluating the proposal.
(c) Proposal opening. Proposals received after the specified date and time shall not be accepted and shall be returned unopened unless opening is necessary for identification purposes.
(d) Award. The contract shall be awarded on the basis of the proposal deemed most advantageous to the city.
(e) The following factors shall be considered in determining the proposal deemed most advantageous to the city:
(1) Quality of the proposal;
(2) Quality, performance and effectiveness of the solution, goods and/or services to be provided by the consultant or the contractor;
(3) Consultant or contractor’s experience, including the experience of staff to be assigned to the project, with engagements of similar scope and complexity;
(4) Cost to the city;
(5) Consultant or contractor’s financial condition and stability;
(6) Consultant or contractor’s ability to perform the contract within the time specified;
(7) Consultant or contractor’s prior record of performance with the city or other local, county or state agency, if applicable;
(8) Consultant or contractor’s ability to provide in the future any maintenance, repairs, parts and/or services, if applicable;
(9) Consultant or contractor’s compliance with applicable laws, regulations, policies (including city policies), guidelines and orders governing prior or existing contracts performed by the consultant or contractor; and
(10) Any other factor or factors the city deems relevant as specified in the request for proposals.
(Ord. 5494 § 23, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
(a) Advertising. Contracts that must be solicited by formal invitation for bids shall be solicited by notices inviting bids by advertising the notices inviting bids on the City's website for no fewer than five days prior to the date set for receiving bids. As practicable, bids shall be solicited from a minimum of three bidders.
(b) Notice. The notices inviting bids shall generally describe the goods and/or services to be purchased or acquired or the public works to be constructed, identify the place where the bid proposal form, specifications and other contract documents may be obtained, and specify the date, time and place when and where bids will be opened.
(c) Bid Submittal. All bids shall be sealed. All bids shall be submitted at the place, and at or before the date and time, specified in the notice inviting bids. Bids received after the specified date and time shall not be accepted and shall be returned to the bidder unopened unless the opening is necessary for identification purposes.
(d) Bid Opening. Bids timely received shall be opened in public, at the date, time and place specified in the notice inviting bids, and the aggregate bid of each bidder shall be announced.
(Ord. 5494 § 24, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
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