Agenda packet — Colton City Council, March 3, 2026 (part 1 of 7)

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Agenda
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, March 3, 2026 – 5:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

Closed Session Called to Order
Roll Call
Public Comment - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items. If you wish to address the City Council regarding a Closed Session item, please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.

It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting.

If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record. ______________________________________________________________________________

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Closed Session
1) Public Employee Performance Evaluation
Job Title - City Manager
City Attorney Oral Report on Closed Session Actions
Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

Open Session
6:00 P.M.

Open Session Called to Order
Invocation
Pastor Jeff Keneaster — Centerpoint Church
Flag Salute
Veterans of Foreign Wars (VFW) — Bernie Moyeda
Roll Call
Ceremonial Matters
Presentations, Awards, Proclamations
• Recognition - Colton Police Department Promotions
Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030)

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AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
Appointments
Mayor and Council Discussion Items
Public Hearings
There are no Public Hearing items.

Business Items
To speak on business items, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
1) Ordinance Amendment - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Amending Portions of Chapter 3.08 Bidding, Contracting, and Purchases of Supplies, Services and Equipment, Ordinance No. O-06-26.

Staff Person: Stacey Dabbs
2) FY2024-25 Annual Comprehensive Financial Report (ACFR) - Receive and File the FY2024- 25 Annual Comprehensive Financial Report and Related Reports.

Staff Person: Stacey Dabbs
3) Labor Side Letter - Teamsters Mid-Managers Group - Adopt a Resolution Approving a Side Letter with the Teamsters, Mid-Manager Group Clarifying Language Pertaining to Incentive Pay, Resolution No. R-17-26.

Staff Person: Thomas Cody
4) Ballot Measure - City Clerk/City Treasurer Positions - Approve Resolution or Resolutions, to Place Ballot Measure(s) before Voters at the November 3, 2026 Election to Change the City Clerk and/or City Treasurer Positions from Elected Positions to Appointed Positions, Resolution No. R-18-26, R-19-26, and R-20-26.

Staff Person: Bill Smith
______________________________________________________________________________

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Public Comment - Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items or any other general subject. If you wish to address the City Council please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record.

Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on February 03, 2026, on File in the Office of the City Clerk.

Staff Person: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 12/17/2025 and totaling $68,775.78; replacement check number 224215 for $2,659.68; voucher numbers 224216 to 224290 dated 01/28/2026 and totaling $100,789.87; voucher numbers 224291 to 224381 dated 01/29/2026 and totaling $1,068,480.79 and voucher numbers 224382 to 224473 dated 02/05/2026 and totaling $4,485,124.70; a payroll disbursement listing dated 01/03/2026 to 01/16/2026 and totaling $1,347,948.41 and a payroll disbursement listing dated 01/17/2026 to 01/30/2026 and totaling $1,235,775.53.

Staff Person: Stacey Dabbs
3) Renewal - Microsoft 365 - Authorize Renewal of Microsoft 365 Enterprise Subscription Agreement.

Staff Person: Stacey Dabbs

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4) Bond Release - O'Reilly Auto Parts - Approve Release of Bonds for O'Reilly Auto Parts Development at 1790 E. Washington Street.

Staff Person: Chad Blais
5) Colton 2025 Guidelines for Implementing California Environmental Quality Act - Approve Resolution Adopting the 2025 Local Guidelines for Implementing the California Environmental Quality Act (CEQA), Resolution No. R-16-26.

Staff Person: Heidi Duron
6) Contract Award - PumpMan - Approve Award of Contract to PumpMan in the Amount of $73,015 for Purchase and Installation of Two (2) New Storm Drain Pumps for the N Street Underpass.

Staff Person: Chad Blais
7) Notice of Completion - Colton Avenue Bike Path Improvement Project - Approve the Execution and Recordation of the Notice of Completion for the Colton Avenue Class I Bike Path Improvement Project.

Staff Person: Chad Blais
8) Professional On-Call Inspection Services Contract - Approve Contract Amendment for Z&K Consultants, Inc. for $140,000 for On-Call Inspection Services for Fiscal Year 2025-26.

Staff Person: Chad Blais
9) Purchase and Sale Agreement - 910 Hert Street - Approve the Sale of 910 Hert Street Colton, CA 92324 to GL & GL Enterprises for the Purpose of Multi-Family Housing Development, Resolution No. R-08-26.

Staff Person: Thomas Welch
10) Purchase - National Auto Fleet Group - Approve the Purchase of One (1) New 2025 Ford F-150 Pickup Truck for the Electric Utility Department through Sourcewell Contract No. 091521-NAF, in an Amount Not to Exceed $79,000.

Staff Person: Charles Berry
11) Utility Relocation Agreement - AT&T - Approve a Utility Relocation Agreement with AT&T for the Barton Road Bridge Removal and Road Construction Project.

Staff Person: Chad Blais

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12) Second Reading of Ordinance No. O-05-26 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, to Amend the City’s Official Zoning Map Changing Zoning of Certain Property and Amending the Text of Certain Sections of Title 18 (Zoning Code), Sections 18.06.060 (Uses Permitted in Each Zone) of Chapter 18.06 (Zoning Districts and Maps) Chapter 18.16 (R-3 and R-4 Multiple-Family Residential) Zone, Chapter

18.23 (Mixed-Use Downtown) Zone, and Chapter 18.58 (Administration) in Compliance with General Plan Housing Element Programming, and Adopting Environmental Findings of Fact Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, Certifying the Final Environmental Impact Report (SCH # 2025010520), and Adopting a Mitigation Monitoring and Reporting Program (File No.

DAP-001-744), Ordinance No. O-05-26.

Staff Person: Stephanie M. Vargas
______________________________________________________________________________ Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community.

Comments shall be limited to 5 Minutes per speaker.

City Manager's Reports
Adjournment
______________________________________________________________________________

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I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted, at least 72 hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov
Procedures for Addressing City Council
For the Official Record, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called by the City Clerk you may approach the podium to speak. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

Notice to Public
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk Office at (909) 370-5001 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk’s Office shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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Legal Challenges
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

Manual of Procedure
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18, with the latest updates being approved on November 2, 2021. Copies are available in the Office of the City Clerk.

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Item: 1.

Staff Report

Meeting Date: March 3, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Ordinance Amendment - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Amending Portions of Chapter 3.08 Bidding, Contracting, and Purchases of Supplies, Services and Equipment, Ordinance No. O-06-26.

Recommended Action:

Staff recommends that the City Council take the following action:

Introduce and waive the first reading of Ordinance O-06-26 amending portions of Colton Municipal Code Chapter 3.08 relating to Bidding, Contracting and Purchases of Supplies, Services and Equipment

Background:

Chapter 3.08 of the Colton Municipal Code establishes the City’s purchasing system and contracting requirements governing the acquisition of supplies, services, equipment, and public works projects. The chapter is intended to ensure compliance with applicable State and Federal law while providing procedures that allow the City to obtain necessary goods and services in an efficient, transparent, and fiscally responsible manner.

Since its last comprehensive update, procurement requirements and operational needs have evolved, particularly in the areas of emergency response, public works contracting thresholds under the Uniform Public Construction Cost Accounting Act (CUPCCAA), and Federal procurement standards applicable to federally funded programs.

The proposed Ordinance amends Chapter 3.08 to modernize procurement procedures, strengthen compliance with State and Federal law, and improve operational flexibility while maintaining appropriate internal controls and fiscal oversight.

Issues/Analysis:

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The proposed Ordinance includes several key updates designed to improve efficiency, ensure compliance, and enhance the City’s ability to respond to operational and emergency needs.

1. Clarification and Enhancement of Emergency Contracting Authority

The Ordinance clarifies and strengthens the City’s emergency procurement provisions to ensure the City can respond promptly to urgent operational and public safety needs while maintaining appropriate oversight and compliance.

The Municipal Code currently defines an emergency as a situation where competitive bidding is impractical or not in the best interests of the City. The proposed amendments provide additional procedural clarity to ensure emergency procurements:
• Are conducted in compliance with applicable provisions of California Public Contract Code Sections 22035 and 22050;
• Allow the City to respond quickly to protect public health, safety, infrastructure, and essential services; and
• Maintain appropriate fiscal controls, documentation, and reporting requirements to preserve transparency and accountability.

These revisions align with best practices recommended by the Government Finance Officers Association (GFOA) and ensure the City can respond effectively to emergencies such as infrastructure failures, utility outages, or natural disasters.

2. Incorporation and Clarification of CUPCCAA Procedures

The Ordinance strengthens and clarifies the City’s participation in the Uniform Public Construction Cost Accounting Act (CUPCCAA), which provides alternative contracting procedures designed to reduce administrative burdens while maintaining appropriate competitive safeguards.

The Municipal Code already establishes procedures consistent with CUPCCAA and recognizes its authority under California Public Contract Code Section 22000 et seq. The proposed amendments further clarify:
• Public works contracting thresholds and procedures;
• Informal and formal bidding requirements;
• Contractor list maintenance and solicitation procedures; and • Change order and contingency management requirements.

These changes ensure continued compliance with State law while allowing the City to efficiently deliver capital projects and maintenance work.

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Participation in CUPCCAA allows the City to utilize informal bidding procedures for eligible public works projects, improving efficiency and reducing administrative costs while maintaining transparency and competition.

3. Alignment with Federal Procurement Requirements, Including Micro-Purchase Thresholds

The proposed Ordinance incorporates provisions to ensure compliance with Federal procurement standards under 2 CFR Part 200, which govern procurement activities for federally funded programs. The Municipal Code already recognizes the requirement to comply with more restrictive Federal procurement standards where applicable.

The proposed amendments further clarify and strengthen these provisions by:
• Recognizing and aligning with Federal micro-purchase procedures, which allow procurement of small-dollar items without formal competitive quotations when properly documented;
• Ensuring adequate documentation and internal controls are maintained for all procurements;
• Ensuring procurement methods comply with Federal grant requirements, including competition, cost analysis, and procurement documentation standards; and • Reducing administrative burden while maintaining compliance and audit defensibility.

These changes are particularly important for the City’s continued administration of federally funded programs, including infrastructure, public safety, and utility projects.

4. Clarification of Roles, Authority, and Internal Controls

The Ordinance reinforces existing internal controls and clearly defines procurement authority, including:
• The role of the Purchasing Officer, designated by the City Manager and currently assigned to the Finance Director;
• Authority thresholds for contract approval;
• Documentation and procurement procedures; and
• Prohibition of bid splitting to avoid procurement thresholds.

These provisions strengthen internal controls and ensure compliance with generally accepted accounting principles (GAAP), State law, Federal law, and audit standards.

5. Improved Administrative Efficiency and Operational Flexibility

The proposed changes provide greater administrative clarity and flexibility while maintaining transparency and accountability by:

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• Streamlining procurement processes where appropriate; • Clarifying procedures for alternative procurement methods; • Improving alignment with State and Federal law; and
• Reducing administrative delays that could impact critical City operations and infrastructure maintenance.

These changes support the City’s ability to deliver services efficiently while protecting public funds and maintaining strong internal controls.

Fiscal Impacts:

Adoption of the proposed Ordinance will not result in a direct fiscal impact.

The Ordinance is administrative in nature and is intended to improve procurement efficiency, strengthen compliance, and reduce administrative burden. These improvements may result in indirect cost savings through improved procurement efficiency, enhanced competition, and reduced administrative overhead.

Alternatives:

1. Provide alternative direction.

Attachments:
1 .

Ordinance O-06-26 - Amendment to Chapter 3.08 Bidding Contracting and Purchases of Supplies Services and Equipment
2 .

ORDINANCE O-06-26 EXHIBIT A
3 .

Chapter_3.08___BIDDING__CONTRACTING_AND_PURCHASES_OF_SUPPLIES__SER VICES_AND_EQUIPMENT_redline
4 .

O-06-26 PowerPoint

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23152.06000\24600698.2 - 1 -

ORDINANCE NO. O-06-26

AN ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY

OF COLTON, CALIFORNIA, AMENDING PORTIONS OF CHAPTER

3.08 RELATING TO BIDDING, CONTRACTING AND PURCHASES OF

SUPPLIES, SERVICES AND EQUIPMENT

WHEREAS, the Chapter 3.08 of the Colton Municipal Code relates to bidding, contracting and purchases of supplies, services and equipment; and,

WHEREAS, Chapter 3.08 establishes a centralized purchasing system intended to ensure efficient procurement, promote competition, maintain fiscal control, and ensure compliance with applicable State and Federal law; and

WHEREAS, the City participates in the Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.), which provides alternative public works contracting procedures intended to improve efficiency while maintaining transparency and competition; and

WHEREAS, Federal procurement regulations under 2 Code of Federal Regulations Part 200 impose requirements on procurement activities involving Federal funding, including micro-purchase procedures, competition requirements, and documentation standards; and

WHEREAS, the City Council desires to amend Chapter 3.08 to improve clarity, strengthen compliance with State and Federal law, enhance emergency procurement flexibility, and improve operational efficiency while maintaining appropriate fiscal oversight and internal controls; and

WHEREAS, these amendments are administrative in nature and are intended to ensure procurement procedures remain consistent with current legal requirements and best practices in public procurement; and

WHEREAS, the City Council finds that this Ordinance is in the best interests of the City of Colton and its residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. Chapter 3.08 of Title 3 of the Colton Municipal Code, entitled “Bidding, Contracting and Purchases of Supplies, Services and Equipment,” is hereby amended in its entirety to read as set forth in Exhibit “A,” attached hereto and incorporated herein by this reference.

SECTION 2. Purpose and Intent. The purpose and intent of this Ordinance is to:

A. Ensure compliance with applicable provisions of the California Public Contract Code, including the Uniform Public Construction Cost Accounting Act; B. Ensure compliance with applicable Federal procurement requirements, including but not limited to 2 Code of Federal Regulations Part 200;
C. Improve administrative efficiency and operational flexibility in procurement processes; D. Clarify emergency procurement authority to allow timely response to urgent operational and public safety needs;

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E. Strengthen internal controls, transparency, and fiscal accountability; and F. Maintain fair and open competition in public contracting.

SECTION 3. CEQA Determination. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that adoption of this Ordinance will not have a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published or posted in accordance with California Government Code Section 36933.

SECTION 6. Adoption. This Ordinance shall become effective thirty (30) days from and after its adoption.

SECTION 6. Codification. The City Clerk and City Attorney are authorized to make minor, non- substantive corrections to this Ordinance as necessary for codification purposes, including formatting, numbering, and cross-referencing.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 17th day of March 2026, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

______________________________
Frank J. Navarro, Mayor
ATTEST:

_______________________________
Isaac T. Suchil, City Clerk

APPROVED AS TO FORM:

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_______________________________
Carlos Campos
Best Best & Krieger LLP
City Attorney

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EXHIBIT A – ORDINANCE O-06-26
Title 3 - REVENUE AND FINANCE
Chapter 3.08 BIDDING, CONTRACTING AND PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT

Colton, California, Code of Ordinances Created: 2025-05-06 09:53:57 [EST] (Supp. No. 38)

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EXHIBIT A – ORDINANCE O-06-26
Chapter 3.08 BIDDING, CONTRACTING AND PURCHASES OF SUPPLIES, SERVICES

AND EQUIPMENT

3.08.010 Adoption of purchasing system.

The purpose of this chapter is to establish efficient procedures for the purchase of supplies, general services, professional services and equipment, and establish procedures for bidding and contracting of public works projects consistent with state law. These procedures shall be interpreted to not be overly time consuming and cumbersome, while allowing the City to obtain the best services, and acquire quality supplies and equipment in an overall economic manner at the lowest reasonable cost at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to maintain the highest ethical standards in awarding public contracts, to clearly define authority for the purchasing function, to encourage competition for public contracts and to aid public officials in the efficient administration of public contracting, and to assure the quality of purchases. Therefore, a centralized purchasing system is hereby adopted and vested with the authority for the purchase of all City supplies, services and equipment. In addition, this chapter and the purchasing system it establishes is designed to provide appropriate procedures to implement the City's participation in the Uniform Public Construction Cost Accounting Act pursuant to California Public Contract Code, Section 22000 et seq. (Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.020 Definitions.

Unless otherwise indicated, the Following definitions Shall apply to all provisions of this chapter:
"Act" means the Uniform Public Construction Cost Accounting Act found at California Public Contract Code, Section 22000 et seq.
"Alternative Procedure" means purchasing supplies, services or equipment by negotiated contract, purchase order or any other procedure outlined in the City's purchasing and bidding policies and procedures manual Approved by the City Manager and consistent with this chapter. A type of Alternative Procedure May include, but is not limited to, what will be referred to as a "simplified pricing procedure" wherein the Authorized Contracting Party, or his or her Designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the City. Alternative Procedures shall not be used for federally funded procurements unless such procedure fully complies with the documentation, competition, and quotation requirements of 2 C.F.R. §200.320. "Authorized Contracting Party" means the City official or body provided with authority under this chapter to approve a contract or to make a purchase.
"City Manager" means the City Manager or Person Designated by the City Manager to perform all or some of the duties prescribed in this chapter.

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Created: 2025-05-06 09:53:57 [EST]
(Supp. No. 38)

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"Colton Formal Bidding Procedure" means a procedure which meets the requirements of State and Local Law, including the Act, this chapter and any policies and procedures Approved by the City Manager consistent with this chapter.
"Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010). "Digital signature" has the same meaning as in Section 16.5 of the California Government Code, as may be amended.
"Electronic record" has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.
"Electronic signature" has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.
"Emergency" for purposes of Public Projects Shall have that meaning provided in California Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing or contracting purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the City. "Facility" means any plant, building, structure, ground facility, utility system (subject to the limitation found in California Public Contract Code Section 22002, Subdivision (c)(3)), real property, streets and highways, or other public work Improvement.
"General Services" means all services performed by persons not in a professional occupation, including, but not limited to, contract services for park, electrical and computer repair, building, facility and vehicle maintenance, recreation programs and other similar services which are not typical of Professional Services. "Lowest Responsive and Responsible Bidder" means the lowest bidding party whose bid meets all of the bid specifications set forth in the request for bid proposal and who possesses the skills, judgement, integrity, experience, and financial resources necessary to timely perform and fulfill the contracting bid. Criteria for determining the lowest responsive and responsible bidder may include, but not be limited to, the following:

1. Ability, capacity and skill of the bidder to provide the supplies, materials, equipment, and/or contractual services as required.

2. Ability of the bidder to provide the supplies, materials, equipment or contractual services within time specified.

3. Experience and efficiency of the bidder.

4. Quality or performance of previous purchases from said bidder.

5. Ability of the bidder to provide future maintenance, repair parts and services for the use of the commodity purchased.

6. Performance by bidder under contracts with other public or private entities.

7. Listing of contractor as "debarred" or determination of other public agency that bidder has submitted a fraudulent bid within the prior five years.

8. Possession of required license(s), permit(s) or other governmental approvals, if any, to supply or provide the subject supplies, materials, equipment or services. "Maintenance Work" shall have that meaning provided in Section 22002(d) of the Act, as that section may be amended from time to time. In addition, and to the extent not inconsistent with Section 22002(d), Maintenance Work shall include, but shall not be limited to, the Following:

1. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated Facility for its intended purposes;

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Created: 2025-05-06 09:53:57 [EST]
(Supp. No. 38)

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2. Minor repainting;

3. Street and highway maintenance, including utility patching, skin patching, crack filling, filling of potholes, slurry sealing, edge grading, street striping, resurfacing of streets and highways at less than one-inch, sign replacement, sidewalk repair and replacement, curb and gutter repair and replacement, and street and traffic light repair and replacement. Maintenance Work shall not include striping of a new street or highway;

4. Sewer maintenance, including foaming, videotaping, cleaning and manhole restoration;

5. Traffic signal maintenance. Maintenance Work Shall not include installation of new traffic signals;

6. Storm drain related maintenance;

7. Landscape maintenance, including mowing, watering, trimming, pruning, planting, tree and plant replacement, irrigation and sprinkler system servicing, retrofit and repair and landscape rehabilitation;

8. Maintenance of facilities, including roof repairs or replacements, heating and air conditioning repairs and electric repairs;

9. Vehicle and equipment maintenance and repairs;

10. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand volts and higher.
"Professional Services" means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, personnel, social services, animal control, management, solid waste, cable television, communication and other similar professional functions which may be necessary for the operation of the City. "Public Project" shall have that meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time. A Public Project shall not include Maintenance Work. In addition, and to the extent not inconsistent with Section 22002(c), Public Project shall include, but shall not be limited to, the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated Facility;

2. Painting or repainting of any publicly owned, leased or operated Facility; and

3. In the case of a publicly owned utility system, Public Project shall include only the construction, erection, Improvement, or repair of dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand volts and higher.
"Public Project Formal Bidding Procedure" means a procedure which meets the requirements of State and Local law, including Section 22037 of the Act, this chapter and any policies and procedures approved by the City Manager consistent with this chapter.
"Public Project Informal Bidding Procedure" means a procedure which meets the requirements of State and Local law, including Section 22034 of the Act, this chapter and any policies and procedures approved by the City Manager consistent with this chapter.
"Purchasing Officer" means the City Manager or his or her Designee(s) as provided in Section 3.08.020.

Initially, the City Manager designates the Finance Director to act as the Purchasing Officer. Pursuant to Section

3.08.020, the City Manager may change his or her designation at any time. "UETA" means the Uniform Electronic Transactions Act, commencing at Section 1633.1 of the California Civil Code.

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(Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-06-15, § 1, 4-21-2015; Ord. No. O-10-15, § 1, 10-20-2015; Ord. No. O-10-21, § 2, 9-21-2021)

3.08.030 Purchasing Officer.

There is created the position of Purchasing Officer, who shall be appointed by City Manager. The Purchasing Officer shall be the City Manager or his or her designee(s). The Purchasing Officer shall be the head, and have the general supervision of all purchasing functions of the City. The duties of the Purchasing Officer may be combined with those of any other office or position. Subject to the supervision of the City Manager, the Purchasing Officer shall have the authority to:

A. Purchase or contract for supplies, services and equipment required by the City; B. Negotiate and recommend to the City Council execution of contracts for the purchase of supplies, services and equipment;
C. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution and disposal of supplies, services and equipment for the City; D. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the City Manager consistent with this chapter;
E. Review the working details, drawings, plans and specifications for any projects or purchases requiring such review in this chapter;
F. Inspect or supervise the inspection of purchased supplies, services and equipment to ensure conformity with any specifications established or required by the City; G. Transfer among departments any supplies, services and equipment not needed by one such department, but which are necessary for the operation of one or more other departments; H. Sell any supplies and equipment not needed for public use or that may become unsuitable for their intended use;
I. Develop and maintain any bidder's list, contractor's list or vendor's catalog file necessary to the operation of this chapter and any other policies and procedures Approved by the City Manager consistent with this chapter.
(Ord. 0-12-03 § 1 (part), 2003)

3.08.040 General purchasing policies and procedures.

A. The City shall secure supplies, services and equipment at the lowest total cost commensurate with the quality and scope needed, and subject to any limitations imposed by State law. Notwithstanding the foregoing, the City shall secure Professional Services based upon demonstrated competence, professional qualifications and suitability for the project in general. The City may consider cost of Professional Services if the Authorized Contracting Party determines it to be a relevant factor under the circumstances.

B. The Purchasing Officer shall develop, for approval by the City Manager, such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures shall be written and implemented in such a way to encourage open and competitive bidding, where appropriate, provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for

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efficient and timely acquisition of needed supplies, services and equipment, and provide effective fiscal controls.

C. In purchasing, supplies, services and equipment, the City shall make use of competitive bidding, both formal and informal, whenever required by Law, this chapter or any policies and procedures approved by the City Manager consistent with this chapter.

D. Formal and informal competitive bidding is not required, for instance, when an Emergency is declared pursuant to this chapter.

E. Except in cases of Emergency or unless specifically authorized by Resolution or minute order of the City Council, the Purchasing Officer shall not issue a purchase order for supplies, services or equipment involving any project or purchase unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

F. The City shall comply with all Federal and State bidder's security and bonding requirements and all prevailing wage laws applicable to each contract or purchase.

G. The Purchasing Officer, with approval of the City Manager, may provide written authorization to any Department Director to conduct a bidding process outside of the centralized purchasing system; provided, however, that such bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The Purchasing Officer, with approval of the City Manager, may rescind such authorization in writing at any time and for any or no reason. (Ord. 0-12-03 § 1 (part), 2003)

3.08.045 Ethical standards.

The purpose of this section is to set forth the ethical standards of professional behavior expected of all officials and employees conducting purchasing activities on behalf of the City. It is of the highest importance that the taxpayers, residents, and business of the City of Colton have complete confidence in the integrity of their public servants. This need is especially critical in the role of procurement of goods, services, and public projects for the City's operational requirements. All City employees are required to exemplify high standards of integrity in their individual conduct and are responsible to ensure that they transact procurement activity consistent with City policies and procedures and applicable Federal, State, and local laws and regulations.

A. Responsibility to follow ethical standards in purchasing.

1. Employees. Each employee engaged in purchasing activities on behalf of the city is responsible for following standards prescribed herein. Violation of these standards may result in disciplinary action, termination of employment or criminal prosecution against the employee.

2. Department Heads. Department Heads must ensure all employees within their respective department who conduct purchasing activities are aware of and thoroughly understand the ethical standards of conduct in purchasing and the prohibited practices prescribed in this chapter.

3. City Manager. The City Manager must ensure all department heads who conduct purchasing activities are aware of and thoroughly understand the ethical standards of conduct in purchasing and the prohibited practices prescribed in this chapter.

B. Prohibited Practices. Purchasing officers and their designees are specifically prohibited from:

1. Having a financial or personal beneficial interest (directly or indirectly) in any contract or purchase order for supplies, equipment, services, or projects furnished to the city. No officer or employee shall participate in the procurement or selection process when such officer or

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employee has a relationship with a person or business entity seeking a contract under this chapter which would subject such officer or employee to the prohibition of California Government Code section 87100 et seq., or Government Code section 1090.

2. Accepting or receiving (directly or indirectly) from any person, firm, or corporation to whom any contract or purchase order may be awarded (by rebate, gift or otherwise) any money or anything of material value, or any promise, obligation or contract for future reward or compensation.

Inexpensive advertising items bearing the name of the firm—such as pens, pencils, paper weights, calendars, or other promotional material—are not considered articles of value or gifts in relation to this policy.

3. Using information available to officials and employees, solely because of their city position, for personal profit, gain or advantage.

4. Furnishing services or information not available to all prospective bidders or to the public, or causing such services or information to be furnished, to any person or entity bidding on, [or] reasonably expected to bid on a contract with the city.

5. Providing confidential information to persons to whom issuance of such information has not been authorized.

6. Using a position or status in the city to solicit (directly or indirectly) business of any kind; or to purchase products at special discounts or upon special concessions for personal private use from any person or firm who sells or solicits sales to the city.

7. Serving the interests of any organization (either as an officer, employee, member of the board of directors, or in any capacity for consideration) which transacts or attempts to transact business with the city for profit when such employee holds a city position of review or control—even though remote—over such business transactions.
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.050 Bidding requirements—Public Projects.

A. Small Projects. Public projects that do not exceed the limit set forth in subd. (a) of section 22032 of the Public Contract Code, currently seventy-five thousand dollars ($75,000) as of 2025, may be performed by the employees of a public agency by force account, by negotiated contract, purchase order, or Alternative Procedure.

B. Medium Projects. Public projects that do not exceed the limit set forth in subd. (b) of section 22032 of the Public Contract Code, currently up to two hundred twenty thousand dollars ($220,000) as of 2025, may be let to contract by Public Project Informal Bidding Procedure.

C. Large Projects. Public projects that exceed the limit set forth in subd. (c) of section 22032 of the Public Contract Code, currently more than two hundred twenty thousand dollars ($220,000) as of 2025, may be let to contract by Public Project Formal Bidding Procedure.

E. City Engineer Review, The City Engineer or his designee shall review the working details, drawings, plans and specifications prepared for every Maintenance Work Project and other General Services Project which may affect the design or operation of public Improvements and which may bring into question the City's liability for dangerous condition of public property.

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F. City Council Approval. The City Council shall review and approve the working details, drawings, plans and specifications prepared for every public project of more than fifty thousand dollars ($50,000).

G. Award. Contracts for public projects of twenty-five thousand dollars ($25,000) or less, if awarded, may be awarded in the best interests of the City. Contracts for public projects of more than twenty-five thousand dollars ($25,000), 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. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

H. 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 Section 3.08.130 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.

I. Change Orders and Contingency amount for change orders for Public Projects. a. Any contingency amount needed to adequately appropriate funds for any public project must be included in the total project cost at the time a request for approval is submitted to the City Manager or City Council as provided by this chapter.
b. When determining the authorization limit for a public project contract, the contingency amount shall be included.
c. The City Manager may approve change orders that do not exceed ten percent (10%) of the original contract price. All change orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

J. 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. (Ord. 0-16-05 § 1, 2005; Ord. 0-12-03 § 1 (part), 2003) (Ord. No. O-10-21, § 2, 9-21-2021)

3.08.060 Bidding requirements—Maintenance and General Services.

A. Ten Thousand Dollars or Less. Maintenance Work and other General Services Projects of ten thousand dollars or less may be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the project, by any Alternative Procedure.

B. Ten Thousand One Dollars to Fifty Thousand Dollars. Maintenance Work and other General Services Projects of more than ten thousand dollars, but less than or equal to fifty thousand dollars ($50,000) shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the Non-Public Project Informal Bidding Procedure.

C. Fifty Thousand One Dollars to One Hundred Thousand Dollars. Maintenance Work and other General Services Projects of more than fifty thousand dollars ($50,000), but less than or equal to one hundred thousand dollars ($100,000) shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. More than One Hundred Thousand Dollars. Maintenance Work and other General Services Projects of more than one hundred thousand dollars ($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.

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E. City Engineer Review. The City Engineer or his designee shall review the working details, drawings, plans and specifications prepared for every maintenance Public Project and other General Services Project which may affect the design or operation of public Improvements and which may bring into question the City's liability for dangerous condition of public property.

F. Purchasing Officer Approval. The Purchasing Officer, or his or her designee, shall review and approve the working details, drawings, plans and specifications prepared for every Maintenance Work and other General Services Project.

G. City Council Approval. The City Council shall review and approve the working details, drawings, plans and specifications prepared for every Maintenance Work and other General Services Project of more than fifty thousand dollars ($50,000).

H. Award. Contracts for Maintenance Work and other General Services Projects of twenty-five thousand dollars ($25,000) or less, if awarded, may be awarded in the best interests of the City. Contracts for Maintenance Work and other General Services Projects of more than twenty-five thousand dollars ($25,000), 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. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

I. Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend or renew such a contract, without City Council Approval, when the award, amendment, extension or renewal will result in the City paying an aggregate amount of more than fifty thousand dollars ($50,000) to the individual or entity in any given fiscal year. For purposes of this section, the phrase "same project" shall include an on-call or as- needed contract.

J. Change Orders and Contingency Amounts for Non-Public Projects. Except for contracts for public projects, all change orders for non-public projects are subject to the written approval of the appropriate department head prior to commencement of the work described in the change order. The City Manager may approve individual change orders that do not exceed ten percent (10%) of the original contract price. All change orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

K. Five Year Term Limitation. No Maintenance Work or other General Services contract shall extend for a period of more than five years, including any authorized extensions.

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. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements. (Ord. 0-16-05 § 2, 2005; Ord. 0-12-03 § 1 (part), 2003) (Ord. No. O-10-21, § 2, 9-21-2021)

3.08.070 Bidding requirements—Professional Services.

A. Ten Thousand Dollars or Less. Professional Services contracts of ten thousand dollars ($10,000) or less may be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the project, by any Alternative Procedure.

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B. Professional Services contracts of more than ten thousand dollars but less than or equal to fifty thousand dollars may be awarded by the City Manager pursuant to the Non Public Project Informal Bidding Procedure.

C. Professional Services contracts of more than fifty thousand dollars but less than or equal to one hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. Professional Services contracts of more than one hundred thousand dollars shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Formal Bidding Procedure.

E. Purchasing Officer Approval. The Purchasing Officer, or his or her Designee, shall review and approve the scope of services prepared for every Professional Services contract.

F. City Council Approval. The City Council shall review and approve the scope of services prepared for every Professional Services contract of more than fifty thousand dollars.

G. Award. Contracts for Professional Services Shall be awarded to the contractor who will best serve the interests of the City, taking into account the demonstrated competence, professional qualifications and suitability for the project in general. The City may consider cost of Professional Services if the Authorized Contracting Party determines it to be a relevant factor under the circumstances. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

H. Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services, or amend, extend or renew such a contract, without City Council Approval, when the award, amendment, extension or renewal will result in the City paying an aggregate amount of more than fifty thousand dollars ($50,000) to the individual or entity in any given fiscal Year.

I. 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.

J. The City Manager may approve change orders that do not exceed ten percent (10%) of the original contract price. All change orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

K. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.080 Bidding requirements—Materials, supplies and equipment.

A. Ten Thousand Dollars or Less. Purchases of materials, supplies and equipment of ten thousand dollars ($10,000) or less may be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the purchase, by any Alternative Procedure.

B. Ten Thousand One Dollars to Fifty Thousand Dollars. Purchases of materials, supplies and equipment of more than ten thousand dollars ($10,000), but less than or equal to fifty thousand dollars ($50,000) shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the Non-Public Project Informal Bidding Procedure.

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C. Fifty Thousand One Dollars to One Hundred Thousand Dollars. Purchases of materials, supplies and equipment of more than fifty thousand dollars ($50,000), but less than or equal to one hundred thousand dollars ($100,000) shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. More than One Hundred Thousand Dollars. Purchases of materials, supplies and equipment of more than one hundred thousand dollars ($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 Approval. The Director of the using department shall review and approve the specifications prepared for every purchase of materials, supplies and equipment.

F. Purchasing Officer Approval. The Purchasing Officer, or his or her Designee, shall review and approve all contracts for the purchase of materials, supplies and equipment.

G. City Council Approval. The City Council shall review and approve the specifications prepared for every purchase of materials, supplies and equipment of more than fifty thousand dollars ($50,000).

H. Award. Contracts for the purchase of materials, supplies and equipment of twenty-five thousand dollars ($25,000) 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 twenty-five thousand dollars ($25,000), 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. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

I. Local Bidder Preference. In order to promote the economic health of the City and to encourage Local participation in the procurement of materials, supplies and equipment, the City may take into consideration the sales tax to be returned to the City as a result of an award in determining the lowest responsive and responsible bidder. This section shall not be effective unless and until the Purchasing Officer adopts a written policy to implement its provisions. This provision shall not apply to any procurement utilizing federal funds.

3.08.090 Public Projects—Formal Bidding Procedure.

A. Uses of Formal Bidding Procedure. This Formal Bidding Procedure shall be used whenever formal bidding is required for a Public Project.

B. Required Process. The formal competitive bidding procedure shall comply with all aspects of State and Local law governing formal competitive bidding, including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, Resolutions of the City Council as may be adopted from time to time, and policies and procedures as the City Manager may approve from time to time.

C. Notice Inviting Formal Bids. Notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. Notices shall state

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the time and place for the receiving and opening of sealed bids and distinctly describe the project. At a minimum, the notice inviting formal bids Shall:

1. Describe the project;

2. State how to obtain more detailed information about the project;

3. State the date, time and place for the submission of sealed bids; and

4. Include any other information required by State or Local law, as determined by the City Attorney.

D. Published Notice. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City.

E. Distribution of Notice Inviting Formal Bids. The notice inviting formal bids shall also be sent to those construction trade journals specified in Section 22036 of the Act at least thirty (30) calendar days before the date of bid opening.

F. Additional Notice. The City shall also provide any additional notice as it deems proper.

G. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.

H. City's Authority. The City may reject any or all bids received, and may waive any minor irregularities in each bid received.

I. No Bids Received. If no bids are received, the Authorized Contracting Party may award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re- solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. §200.320(c).

J. Award of Contract. The contract shall be awarded in accordance with Section 3.08.050.F. If two or more bids are the same and the lowest, the City may accept the one it chooses.

K. Rejection of Bids. The City may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the City shall have the option of any of the Following:

1. Abandon the project; or

2. Readvertise for bids in the manner described in this chapter; or

3. By passage of a Resolution by a four-fifths (4/5) vote of the City Council, declare that the project can be performed more economically by the employees of the City and have the project done by force account.

L. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)

3.08.100 Public Projects—Informal Bidding Procedure.

A. Uses of Public Project Informal Bidding Procedure. This Informal Bidding Procedure shall be used when a Public Project is involved and informal bidding is permitted by this chapter.

B. Contractor List. The Purchasing Officer or designee shall maintain a list of qualified contractors, identified according to categories of work, as described in Section 22034(a) of the Act. The list shall be developed and

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maintained in accordance with criteria established by the Commission. In developing the list, the Purchasing Officer or designee shall either mail, fax, or email a written notice to all construction trade journals designated for the City under Section 22036. The notice must invite all licensed contractors to submit the name of their firms to the City for inclusion on the City’s list of qualified bidders for the following twelve (12) months.

C. Distribution of Notice Inviting Informal Bids. The Purchasing Officer shall provide a notice inviting informal bids. The notice inviting informal bids shall be mailed to either or both of the following:

1. All contractors on the qualified contractors list maintained pursuant to subsection B. of this section; and/or

2. All construction trade journals specified in Section 22036 of the Act. The notice inviting informal bids must be mailed not less than ten (10) calendar days before the bids are due.

D. Contents of Notice Inviting Informal Bids. At a minimum, the notice inviting informal bids Shall:

1. Describe the project in general terms;

2. State how to obtain more detailed information about the project;

3. State the date, time and place for the submission of sealed bids; and

4. Include any other information required by State or Local law, as determined by the City Attorney.

E. Proprietary Projects or Products. If the Director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such contractor or contractors. For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. §200.320(c) and be fully documented in the contract file.

F. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.

G. City's Authority. The City may reject any or all bids received, and may waive any minor irregularities in each bid received.

H. No Bids Received. If no bids are received, the Authorized Contracting Party may award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re- solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. §200.320(c).

J. Award of Contract. The contract shall be awarded in accordance with Section 3.08.050(f). If two or more bids are the same and the lowest, the City may accept the one it chooses.

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3.08.110 Non-Public Projects—Formal Bidding Procedure.

A. Uses of the Non-Public Project Formal Bidding Procedure. A Formal Bidding Procedure shall be used whenever formal bidding is required by this chapter and the project does not involve a Public Project.

B. Distribution of Notice Inviting Formal Bids or Request for Proposals. A notice inviting formal bids or a request for proposals, as appropriate, shall be published at least fourteen (14) calendar days before the date of opening the bids or proposals in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City. The notice inviting formal bids or request for proposals may also be provided directly to vendors or contractors. The City shall endeavor to receive formal bids or proposals from at least three (3) vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder. If the Purchasing Officer and the Director of the using department certify that, to the best of their knowledge, there is no local source or local provider available for the project, the notice inviting bids or the request for proposals, as appropriate, may be distributed to a list of qualified vendors maintained by the Purchasing Officer and/or published in a trade journal appropriate to the project, in lieu of publication in a newspaper of general circulation.

C. Contents of Notice Inviting Formal Bids or Request for Proposals. At a minimum, the notice inviting formal bids or request for proposals shall:

1. Describe the project or purchase in general terms;

2. State how to obtain more detailed information about the project or purchase;

3. State the date, time and place for the submission of bids or proposals; and

4. Include any other information required by State or Local law, as determined by the City Attorney. Bids for purchases of more than fifty thousand dollars ($50,000) shall be sealed bids.

D. Proprietary Projects or Sole Source Products. If the Director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the notice inviting formal bids or request for proposals may be sent exclusively to such vendor(s) or contractor(s). For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. §200.320(c) and be fully documented in the contract file.

E. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the Director of the using department, as well as the City Attorney.

F. City's Authority. The City may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.

G. No Bids Received. If no bids are received, the Authorized Contracting Party may award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re- solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. §200.320(c).

H. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

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3.08.120 Non-Public Projects—Informal Bidding Procedure.

A. Uses of Non-Public Project Informal Bidding Procedure. This Informal Bidding Procedure shall be used whenever informal bidding is allowed for a purchase which does not involve a Public Project.

B. Distribution of Notice Inviting Informal Bids or Request for Proposals. A notice inviting informal bids or request for proposals, as appropriate, shall be provided. The notice inviting informal bids or requests for proposals shall be provided to at least three (3) vendors or contractors, and the City shall endeavor to receive informal bids or proposals from at least three (3) vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder.

C. Contents of Notice Inviting Informal Bids or Request for Proposals. At a minimum, the notice inviting informal bids or request for proposals Shall:

1. Describe the project or purchase in general terms;

2. State how to obtain more detailed information about the project or purchase;

3. State the date, time and place for the submission of bids or proposals; and

4. Include any other information required by State or Local law, as determined by the City Attorney. Bids for purchases of more than fifty thousand dollars ($50,000) shall be sealed bids.

D. Proprietary Projects or Products. If the Director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the notice inviting informal bids or request for proposals may be sent exclusively to such vendor(s) or contractor(s). For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. §200.320(c) and be fully documented in the contract file.

F. City's Authority. The City may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.

G. No Bids or Proposals Received. If no bids or proposals are received, the Authorized Contracting Party may award the contract by any alternative purchasing procedure. For federally funded procurements, if no bids are received, the City shall either re-solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. §200.320(c).

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3.08.130 Exceptions to competitive bidding—Public Projects.

In addition to the situations described in Section 3.08.050, competitive bidding, either formal or informal, is not required for Public Projects in the situations provided for in this section. Under such conditions, any Alternative Procedure may be used. Prior to a contract award under this section, the City Manager shall cause City staff to prepare and maintain a contract file with sufficient information to satisfy an external audit with respect to the exception invoked, which shall be retained for no less than five (5) years after the contract is entered into or the last payment thereunder is made, whichever occurs later.

Emergency expenditures of more than the limit set forth in subd. (c) of section 22032 of the Public Contract Code, currently two hundred twenty thousand dollars ($220,000) as of 2025, Shall first be Approved by the City Council. Work Shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.

For Projects of more than the limit set forth in subd. (a) of section 22032 of the Public Contract Code, currently seventy five thousand dollars ($75,000) as of 2025, a report on the Emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council shall determine, by a four-fifths (4/5) vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The City Council shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action may be completed pursuant to a Formal Bidding Procedure.

The City Manager shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action may be completed pursuant to an Informal Bidding Procedure.

B. No Competitive Market. When the City Council determines, in accordance with applicable Law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.

C. No Bids Received. When no bids are received pursuant to either the Public Project Informal Bidding Procedure or the Public Project Formal Bidding Procedure.

D. Otherwise Authorized. When otherwise authorized by this chapter or applicable Law.

E. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive than the requirements of this section, the City shall comply with such requirements.
(Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

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3.08.140 Exceptions to competitive bidding—Non-Public Projects.

In addition to the situations described in sections 3.08.060 through 3.08.080, competitive bidding, either formal or informal, is not required for Non-Public Projects in the situations provided for in this section. Under such conditions, any alternative procedure, including no bidding, may be used with the City Manager's approval. Prior to a contract award under this section, the City Manager shall cause City staff to prepare and maintain a contract file with sufficient information to satisfy an external audit with respect to the exception invoked, which shall be retained for no less than five (5) years after the contract is entered into or the last payment thereunder is made, whichever occurs later.

A. Emergencies. In situations determined by the Authorized Contracting Party to constitute an Emergency, as defined in section 3.08.020.

B. No Competitive Market. When the City Council determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.

C. Competitive Bidding Already Completed. When the Authorized Contracting Party determines that a competitive bid procedure has been conducted by another public agency (e.g., through CMAS or GSA) and the price to the City is equal to or better than the price to that public agency.

D. State Purchase. When the purchase is made on behalf of the City by the State Department of General Services.

E. Purpose of Bidding is Otherwise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non-Public Projects under this chapter. Prior City Council concurrence with the City Manager's determination shall be required for Non-Public Project purchases over one hundred thousand dollars ($100,000).

F. No Bids Received. When no bids are received Non-Public Project formal or informal bidding procedures.

G. Electric Utility. Purchases authorized by Section 2.18.010 of this Code.

H. Expenses. The reimbursement or payment of travel expenses and other employee expenses.

I. Insurance. The payment of any insurance premiums or claims, including employee medical payments.

J. Real Property. The purchase or lease of real property with City Council approval.

K. Banking and Investment Services. Banking, investment, and merchant or card processing services.

L. Purchases involving special facilities or market conditions.

M. Intergovernmental and Joint Power Authority Purchases. The proposed purchase is from or with another political subdivision, a joint power authority, state agency, or the United States government.

N. Purchases made through cooperative purchasing programs.

O. Debt service payments and related compliance and reporting services.

P. Contracts for Special Services pursuant to Government Code Section 53060.

Q. Otherwise Authorized. When otherwise authorized by this chapter or applicable law.

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(Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-06-15, § 2, 4-21-2015; Ord. No. O-10-15, § 2, 10-20-2015; Ord. No. O-10-21, § 2, 9-21-2021)

3.08.150 Surplus supplies and equipment.

All using Departments shall submit to the Purchasing Officer, at such times and in such form as he/she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out.

A. The Purchasing Officer shall have authority to sell as surplus all supplies, materials and equipment which cannot be used by any agency or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the City Manager, and only after authorization from the City Council as to any items of an estimated value of ten thousand dollars ($10,000) or more.

B. Surplus supplies and equipment may be sold to the public if so prescribed by the City Manager and/or the City Council. City officials and Employees, and their immediate families, however, shall not be eligible to purchase such surplus items.

C. Surplus property sales shall be conducted through public auction, online auction platform, sealed bid, or other publicly advertised competitive method.
(Ord. 0-12-03 § 1 (part), 2003)

3.08.160 City Manager authorization to execute contracts.

Pursuant to the California Government Code, the Mayor must execute all contracts on behalf of the City, unless another City Officer or Employee is authorized to do so. The City Manager and his or her Designees, as explicitly set forth in this chapter and the administrative policies implementing this chapter, are hereby authorized to execute contracts on behalf of the City.
(Ord. 0-12-03 § 1 (part), 2003)

3.08.170 Transaction or communication.

In any transaction or communication with the City for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions apply:

A. When a record is required to be in writing, an electronic record satisfies that requirement, if it is in accordance with the UETA.

B. When a signature is required the parties may agree that either:

1. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or

2. A digital signature satisfies that requirement, if it is in accordance with Section 16.5 of the California Government Code.

3. This section is intended to enable the city to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law, and does not limit the city's ability to use electronic records, electronic signatures, or digital signatures in any way. All use of electronic records, electronic signatures, and digital signatures by the city shall be in accordance with city

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administrative policies and procedures, as may be designated and amended from time to time by the city administrator or his or her designee.

4. Any use of electronic records, electronic signatures, and digital signatures by the city that is not in accordance with this section and city administrative policies and procedures, or any unauthorized signing of any contract, record, or other document, shall render such contract, record, or other document invalid as not fully and properly executed by the city.

5. Authority to sign or execute contracts, records, or other documents via electronic signatures or digital signatures may be delegated by the City Manager or other City Department Heads to designated city staff members. The act of delegation of electronic signature authority by the City Manager or other City Department Head must be memorialized in writing, including, but not limited to, memorandum, city form, e-mail, or delegation process recorded within electronic signature software.
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.180 Federal Procurement Requirements Supersede.

A. When any purchase, contract, public project, maintenance work, professional service, or acquisition of materials, supplies, or equipment is funded in whole or in part with federal grant funds, cooperative agreement funds, pass-through funds, disaster assistance funds, or any other form of federal financial assistance, the procurement of such goods or services shall be conducted in strict compliance with the procurement standards set forth in 2 C.F.R. Part 200, Subpart D, and any agency-specific federal regulations or grant conditions.

B. In the event any conflict between the provisions of this Chapter and federal procurement requirements, the federal requirements shall control and supersede this Chapter.

C. For federally funded procurements, the City shall:

1. Perform and document a cost or price analysis for every procurement action in excess of the federal micro-purchase threshold;

2. Maintain written documentation of all quotes, bids, proposals, evaluations, and selection rationale;

3. Prepare an independent cost estimate prior to solicitation;

4. Prohibit the use of geographic preferences, local vendor preferences, or evaluation criteria based on local economic benefit;

5. Restrict noncompetitive procurements (sole source) to circumstances expressly permitted under 2 C.F.R. §200.320(c);

6. Verify and document that any cooperative purchasing, piggyback, CMAS, or other third-party procurement utilized by the City was conducted in compliance with federal procurement standards.

D. The Purchasing Officer shall develop administrative procedures and forms necessary to implement compliance with federal procurement requirements for applicable purchases.

E. Nothing in this section shall be interpreted to restrict the City’s authority under this Chapter for non- federally-funded procurements.

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Title 3 - REVENUE AND FINANCE
Chapter 3.08 BIDDING, CONTRACTING AND PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT

Colton, California, Code of Ordinances Created: 2025-05-06 09:53:57 [EST] (Supp. No. 38)

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Chapter 3.08 BIDDING, CONTRACTING AND PURCHASES OF SUPPLIES, SERVICES

AND EQUIPMENT

3.08.010 Adoption of purchasing system.

3.08.020 Definitions.

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"Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010). "Digital signature" has the same meaning as in Section 16.5 of the California Government Code, as may be amended.
"Electronic record" has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.
"Electronic signature" has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.
"Emergency" for purposes of Public Projects Shall have that meaning provided in California Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing or contracting purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the City. "Facility" means any plant, bBuilding, sStructure, ground fFacility, uUtility system (subject to the limitation found in California Public Contract Code Section 22002, Subdivision (c)(3)), rReal pProperty, sStreets and hHighways, or other public work Improvement.
"General Services" means all services performed by pPersons not in a professional occupation, including, but not limited to, contract services for pPark, electrical and computer repair, bBuilding, fFacility and vVehicle maintenance, recreation programs and other similar services which are not typical of Professional Services. "Lowest Responsive and Responsible Bidder" means the lowest bidding party whose bid meets all of the bid specifications set forth in the request for bid proposal and who possesses the skills, judgement, integrity, experience, and financial resources necessary to timely perform and fulfill the contracting bid. Criteria for determining the lowest responsive and responsible bidder mMay include, but not be limited to, the following:

1. Ability, capacity and skill of the bidder to provide the supplies, materials, equipment, and/or contractual services as required.

2. Ability of the bidder to provide the supplies, materials, equipment or contractual services within time specified.

3. Experience and efficiency of the bidder.

4. Quality or performance of previous purchases from said bidder.

5. Ability of the bidder to provide future maintenance, repair parts and services for the use of the commodity purchased.

6. Performance by bidder under contracts with other public or private entities.

7. Listing of contractor as "debarred" or determination of other public agency that bidder has submitted a fraudulent bid within the prior five years.

8. Possession of required license(s), permit(s) or other governmental approvals, if any, to supply or provide the subject supplies, materials, equipment or services. "Maintenance Work" sShall have that meaning provided in Section 22002(d) of the Act, as that section mMay be amended from time to time. In addition, and to the extent not inconsistent with Section 22002(d), Maintenance Work sShall include, but sShall not be limited to, the Following:

1. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated FFacility for its intended purposes;

2. Minor repainting;

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3. Street and hHighway maintenance, including uUtility patching, skin patching, crack filling, filling of potholes, slurry sealing, edge grading, sStreet striping, resurfacing of sStreets and hHighways at less than one-inch, sSign replacement, sSidewalk repair and replacement, cCurb and gutter repair and replacement, and sStreet and traffic light repair and replacement. Maintenance Work sShall not include striping of a new sStreet or hHighway;

4. Sewer maintenance, including foaming, videotaping, cleaning and manhole restoration;

5. Traffic signal maintenance. Maintenance Work Shall not include installation of new traffic signals;

6. Storm drain related maintenance;

8. Maintenance of facilities, including roof repairs or replacements, heating and air conditioning repairs and electric repairs;

9. Vehicle and equipment maintenance and repairs;

10. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand volts and higher.
"Professional Services" means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, personnel, social services, animal control, management, solid waste, cable television, communication and other similar professional functions which may be necessary for the operation of the City. "Public Project" sShall have that meaning provided in Section 22002(c) of the Act, as that section mMay be amended from time to time. A Public Project sShall not include Maintenance Work. In addition, and to the extent not inconsistent with Section 22002(c), Public Project sShall include, but sShall not be limited to, the fFollowing:

1. Construction, reconstruction, erection, aAlteration, renovation, iImprovement, dDemolition and repair work involving any publicly owned, leased or operated FFacility;

2. Painting or repainting of any publicly owned, leased or operated FFacility; and

3. In the case of a publicly owned uUtility system, Public Project sShall include only the construction, erection, Improvement, or repair of dams, reservoirs, powerplants and electrical transmission lines of two hundred thirty thousand volts and higher.
"Public Project Formal Bidding Procedure" means a procedure which meets the requirements of State and Local lLaw, including Section 22037 of the Act, this chapter and any policies and procedures aApproved by the City Manager consistent with this chapter.
"Public Project Informal Bidding Procedure" means a procedure which meets the requirements of State and Local lLaw, including Section 22034 of the Act, this chapter and any policies and procedures aApproved by the City Manager consistent with this chapter.
"Purchasing Officer" means the City Manager or his or her Designee(s) as provided in Section 3.08.020.

Initially, the City Manager dDesignates the Finance Director to act as the Purchasing Officer. Pursuant to Section

3.08.020, the City Manager mMay change his or her dDesignation at any time. "UETA" means the Uniform Electronic Transactions Act, commencing at Section 1633.1 of the California Civil Code.
(Ord. 0-12-03 § 1 (part), 2003)

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(Ord. No. O-06-15, § 1, 4-21-2015; Ord. No. O-10-15, § 1, 10-20-2015; Ord. No. O-10-21, § 2, 9-21-2021)

3.08.030 Purchasing Officer.

There is created the position of Purchasing Officer, who sShall be appointed by City Manager. The Purchasing Officer sShall be the City Manager or his or her dDesignee(s). The Purchasing Officer sShall be the head, and have the general supervision of all purchasing functions of the City. The duties of the Purchasing Officer mMay be combined with those of any other office or position. Subject to the supervision of the City Manager, the Purchasing Officer sShall have the authority to:

A. Purchase or contract for supplies, services and equipment required by the City; B. Negotiate and recommend to the City Council execution of contracts for the purchase of supplies, services and equipment;
C. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution and disposal of supplies, services and equipment for the City; D. Prescribe and maintain such forms as mMay be reasonably necessary to the implementation of this chapter and any other policies and procedures aApproved by the City Manager consistent with this chapter;
E. Review the working details, drawings, plans and specifications for any pProjects or purchases requiring such review in this chapter;
F. Inspect or supervise the inspection of purchased supplies, services and equipment to ensure conformity with any specifications established or required by the City; G. Transfer among dDepartments any supplies, services and equipment not needed by one such dDepartment, but which are necessary for the operation of one or more other dDepartments; H. Sell any supplies and equipment not needed for public uUse or that mMay become unsuitable for their intended uUse;
I. Develop and maintain any bidder's list, contractor's list or vendor's catalog file necessary to the operation of this chapter and any other policies and procedures Approved by the City Manager consistent with this chapter.
(Ord. 0-12-03 § 1 (part), 2003)

3.08.040 General purchasing policies and procedures.

A. The City sShall secure supplies, services and equipment at the lowest total cost commensurate with the quality and scope needed, and subject to any limitations imposed by State lLaw. Notwithstanding the foregoing, the City sShall secure PProfessional Services based upon demonstrated competence, professional qualifications and suitability for the pProject in general. The City mMay consider cost of Professional Services if the Authorized Contracting Party determines it to be a relevant factor under the circumstances.

B. The Purchasing Officer sShall develop, for aApproval by the City Manager, such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures sShall be wWritten and implemented in such a way to encourage open and competitive bidding, where appropriate, provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for efficient and timely acquisition of needed supplies, services and equipment, and provide effective fiscal controls.

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C. In purchasing, supplies, services and equipment, the City sShall make uUse of competitive bidding, both formal and informal, whenever required by Law, this chapter or any policies and procedures aApproved by the City Manager consistent with this chapter.

D. Formal and informal competitive bidding is not required, for instance, when an Emergency is declared pursuant to this chapter.

E. Except in cases of Emergency or unless specifically authorized by Resolution or minute order of the City Council, the Purchasing Officer sShall not issue a purchase order for supplies, services or equipment involving any pProject or purchase unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

F. The City sShall comply with all Federal and State bidder's security and bonding requirements and all prevailing wage lLaws applicable to each contract or purchase.

G. The Purchasing Officer, with aApproval of the City Manager, mMay provide wWritten authorization to any Department Director to conduct a bidding process outside of the centralized purchasing system; provided, however, that such bidding process and the resulting contract or purchase sShall otherwise comply with the requirements of this chapter. The Purchasing Officer, with aApproval of the City Manager, mMay rescind such authorization in writing at any time and for any or no reason. (Ord. 0-12-03 § 1 (part), 2003)

3.08.045 Ethical standards.

A. Responsibility to follow ethical standards in purchasing.

B. Prohibited Practices. Purchasing officers and their designees are specifically prohibited from:

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chapter which would subject such officer or employee to the prohibition of California Government Code section 87100 et seq., or Government Code section 1090.

3. Using information available to officials and employees, solely because of their city position, for personal profit, gain or advantage.

5. Providing confidential information to persons to whom issuance of such information has not been authorized.

3.08.050 Bidding requirements—Public Projects.

Twenty-Five Thousand Dollars or Less. Public Projects of twenty-five thousand dollars or less May be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the Project, by any Alternative Procedure.

Twenty-Five Thousand One Dollars to Fifty Thousand Dollars. Public Projects of more than twenty-five thousand dollars, but less than or equal to fifty thousand dollars Shall, except as otherwise provided in this chapter or the Act, be awarded by the City Manager pursuant to the Public Project Informal Bidding Procedure.

Fifty Thousand One Dollars to One Hundred Thousand Dollars. Public Projects of more than twenty-five thousand dollars, but less than or equal to one hundred thousand dollars Shall, except as otherwise provided in this

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chapter or the Act, be awarded by the City Council pursuant to the Public Project Informal Bidding Procedure. If all bids received are over one hundred thousand dollars, the City Council may, with the Approval of a four-fifths vote of those members present, award the contract in an amount not exceeding one hundred ten thousand dollars to the lowest responsive and responsible bidder, so long as the City Council also determines that the City's cost estimate for the Project was reasonable.

D. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive that the requirements of this section, the City shall comply with such requirements.More than One Hundred Thousand Dollars. Public Projects of more than one hundred thousand dollars Shall, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the Public Project Formal Bidding Procedure.

E. City Engineer Review, The City Engineer or his dDesignee sShall review the working details, drawings, plans and specifications prepared for every Mmaintenance Work PProject and other General Services Project which mMay affect the dDesign or operation of public Improvements and which mMay bring into question the City's liability for dangerous condition of pPublic pProperty.

F. City Council Approval. The City Council sShall review and approve the working details, drawings, plans and specifications prepared for every pPublic pProject of more than fifty thousand dollars ($50,000).

G. Award. Contracts for pPublic pProjects of twenty-five thousand dollars ($25,000) or less, if awarded, mMay be awarded in the best interests of the City. Contracts for pPublic pProjects of more than twenty-five thousand dollars ($25,000), if awarded, sShall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the Authorized Contracting Party mMay accept the one it chooses. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

H. Dollar Limits and Change Orders or Amendments. The dollar limits indicated herein sShall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in Section 3.08.130 applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein sShall comply with the requirements applicable to the increased contract amount.

I. Change Orders and Contingency amount for change orders for Public Projects. a. Any contingency amount needed to adequately appropriate funds for any public project must be included in the total project cost at the time a request for approval is submitted to the City Manager or City Council as provided by this chapter.
b. When determining the authorization limit for a public project contract, the contingency amount shall be included.
c. The City Manager may approve change orders that do not exceed five ten percent (105%) of the original contract price. All change orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

J. No Bid Splitting. The City sShall not split a pProject, work, service or purchase into smaller pProjects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this Code. (Ord. 0-16-05 § 1, 2005; Ord. 0-12-03 § 1 (part), 2003) (Ord. No. O-10-21, § 2, 9-21-2021)

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3.08.060 Bidding requirements—Maintenance and General Services.

A. Twenty-FiveTen Thousand Dollars or Less. Maintenance Work and other General Services Projects of twenty- fiveten thousand dollars or less mMay be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the pProject, by any Alternative Procedure.

B. Twenty-FiveTen Thousand One Dollars to Fifty Thousand Dollars. Maintenance Work and other General Services Projects of more than twenty-fiveten thousand dollars, but less than or equal to fifty thousand dollars ($50,000) Sshall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the Non-Public Project Informal Bidding Procedure.

C. Fifty Thousand One Dollars to One Hundred Thousand Dollars. Maintenance Work and other General Services Projects of more than fiftytwenty-five thousand dollars ($50,000), but less than or equal to one hundred thousand dollars ($100,000) sShall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. More than One Hundred Thousand Dollars. Maintenance Work and other General Services Projects of more than one hundred thousand dollars ($100,000) sShall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Formal Bidding Procedure.

E. City Engineer Review. The City Engineer or his dDesignee sShall review the working details, drawings, plans and specifications prepared for every maintenance Public PProject and other General Services Project which mMay affect the dDesign or operation of public Improvements and which mMay bring into question the City's liability for dangerous condition of pPublic pProperty.

F. Purchasing Officer Approval. The Purchasing Officer, or his or her dDesignee, sShall review and approve the working details, drawings, plans and specifications prepared for every Maintenance Work and other General Services Project.

G. City Council Approval. The City Council sShall review and approve the working details, drawings, plans and specifications prepared for every Maintenance Work and other General Services Project of more than fifty thousand dollars ($50,000).

H. Award. Contracts for Maintenance Work and other General Services Projects of twenty-five thousand dollars ($25,000) or less, if awarded, mMay be awarded in the best interests of the City. Contracts for Maintenance Work and other General Services Projects of more than twenty-five thousand dollars ($25,000), if awarded, sShall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the Authorized Contracting Party mMay accept the one it chooses. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

I. Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the City Manager sShall not award a subsequent contract to the same individual or entity for the same or similar services on the same pProject, or amend, extend or renew such a contract, without City Council Approval, when the award, amendment, extension or renewal will result in the City paying an aggregate amount of more than fifty thousand dollars ($50,000) to the individual or entity in any given fiscal yYear. For purposes of this section, the phrase "same pProject" sShall include an on-call or as- needed contract.

J. Change Orders and Contingency Amounts for Non-Public Projects. Except for contracts for public projects, all change orders for non-public projects are subject to the written approval of the appropriate department head prior to commencement of the work described in the change order. The City Manager may approve individual change orders that do not exceed ten five percent (105%) of the original contract price. All change

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orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

K. Five Year Term Limitation. No Maintenance Work or other General Services contract sShall extend for a period of more than five yYears, including any authorized extensions.

L. No Bid Splitting. The City sShall not split a pProject, work, service or purchase into smaller pProjects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this Code.

M. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive thant the requirements of this section, the City shall comply with such requirements. (Ord. 0-16-05 § 2, 2005; Ord. 0-12-03 § 1 (part), 2003) (Ord. No. O-10-21, § 2, 9-21-2021)

3.08.070 Bidding requirements—Professional Services.

A. Twenty-fiveTen Thousand Dollars or Less. Professional Services contracts of twenty-fiveten thousand dollars ($10,000) or less mMay be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the pProject, by any Alternative Procedure.

B. Professional Services contracts of more than twenty-fiveten thousand dollars but less than or equal to fifty thousand dollars mMay be awarded by the City Manager pursuant to the Non Public Project Informal Bidding Procedure.

C. Professional Services contracts of more than fifty thousand dollars but less than or equal to one hundred thousand dollars sShall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. Professional Services contracts of more than one hundred thousand dollars sShall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Formal Bidding Procedure.

DE. Purchasing Officer Approval. The Purchasing Officer, or his or her Designee, sShall review and approve the scope of services prepared for every Professional Services contract.

EF. City Council Approval. The City Council sShall review and approve the scope of services prepared for every Professional Services contract of more than fifty thousand dollars.

FG. Award. Contracts for Professional Services Shall be awarded to the contractor who will best serve the interests of the City, taking into account the demonstrated competence, professional qualifications and suitability for the pProject in general. The City mMay consider cost of Professional Services if the Authorized Contracting Party determines it to be a relevant factor under the circumstances. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

GH. Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the City Manager sShall not award a subsequent contract to the same individual or entity for the same or similar services, or amend, extend or renew such a contract, without City Council Approval, when the award, amendment, extension or renewal will result in the City paying an aggregate amount of more than fifty thousand dollars ($50,000) to the individual or entity in any given fiscal Year.

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HI. No Bid Splitting. The City sShall not split a pProject, work, service or purchase into smaller pProjects, works, services or purchases for the purpose of avoiding any bidding or contracting requirements of this Code.

IJ. The City Manager may approve change orders that do not exceed ten five percent (105%) of the original contract price. All change orders approved shall be recorded by the Finance Director or his/her designee, as a change order to the original purchase order.

JK. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive thant the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.080 Bidding requirements—Materials, supplies and equipment.

A. Twenty-FiveTen Thousand Dollars or Less. Purchases of mMaterials, supplies and equipment of twenty- fiveten thousand dollars ($10,000) or less mMay be awarded by the City Manager, upon recommendation of the Director of the Department responsible for the purchase, by any Alternative Procedure.

B. Twenty-FiveTen Thousand One Dollars to Fifty Thousand Dollars. Purchases of mMaterials, supplies and equipment of more than twenty-fiveten thousand dollars ($10,000), but less than or equal to fifty thousand dollars ($50,000) Sshall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the Non-Public Project Informal Bidding Procedure.

C. Fifty Thousand One Dollars to One Hundred Thousand Dollars. Purchases of mMaterials, supplies and equipment of more than twenty-fivefifty thousand dollars ($50,000), but less than or equal to fifty one hundred thousand dollars ($100,000) Sshall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure.

D. More than One Hundred Thousand Dollars. Purchases of mMaterials, supplies and equipment of more than one hundred thousand dollars ($100,000) Sshall, 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 Approval. The Director of the uUsing dDepartment sShall review and approve the specifications prepared for every purchase of mMaterials, supplies and equipment.

F. Purchasing Officer Approval. The Purchasing Officer, or his or her Designee, sShall review and approve all contracts for the purchase of mMaterials, supplies and equipment.

G. City Council Approval. The City Council sShall review and approve the specifications prepared for every purchase of mMaterials, supplies and equipment of more than fifty thousand dollars ($50,000).

H. Award. Contracts for the purchase of mMaterials, supplies and equipment of twenty-five thousand dollars ($25,000) or less, if awarded, mMay be awarded in the best interests of the City. Contracts for the purchase of mMaterials, supplies and equipment of more than twenty-five thousand dollars ($25,000), if awarded, sShall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the Authorized Contracting Party mMay accept the one it chooses. For federally funded procurements, award shall be made to the vendor whose proposal is determined to be the most advantageous to the program, with price and other factors considered, and supported by documented cost or price analysis.

I. Local Bidder Preference. In order to promote the economic health of the City and to encourage Local participation in the procurement of mMaterials, supplies and equipment, the City mMay take into consideration the sSales tax to be returned to the City as a result of an award in determining the lowest

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responsive and responsible bidder. This section sShall not be effective unless and until the Purchasing Officer adopts a wWritten policy to implement its provisions. This provision shall not apply to any procurement utilizing federal funds.

K. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive thant the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.090 Public Projects—Formal Bidding Procedure.

A. Uses of Formal Bidding Procedure. This Formal Bidding Procedure sShall be uUsed whenever formal bidding is required for a Public Project.

B. Required Process. The formal competitive bidding procedure sShall comply with all aspects of State and Local lLaw governing formal competitive bidding, including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, Resolutions of the City Council as mMay be adopted from time to time, and policies and procedures as the City Manager mMay approve from time to time.

C. Notice Inviting Formal Bids. Notice inviting formal bids sShall be provided. The nNotice inviting formal bids sShall comply with Section 22037 of the Act, as such section mMay be amended from time to time. Notices sShall state the time and place for the receiving and opening of sealed bids and distinctly describe the pProject. At a minimum, the nNotice inviting formal bids Shall:

1. Describe the pProject;

2. State how to obtain more detailed information about the pProject;

3. State the date, time and place for the submission of sealed bids; and

4. Include any other information required by State or Local lLaw, as determined by the City Attorney.

D. Published Notice. The nNotice sShall be published at least fourteen (14) calendar dDays before the date of opening the bids in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City.

E. Distribution of Notice Inviting Formal Bids. The nNotice inviting formal bids sShall also be sent to those construction trade journals specified in Section 22036 of the Act at least thirty (30) calendar dDays before the date of bid opening.

F. Additional Notice. The City sShall also provide any additional nNotice as it deems proper.

G. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents sShall be aApproved by the Director of the uUsing dDepartment, as well as the City Attorney.

H. City's Authority. The City mMay reject any or all bids received, and mMay waive any mMinor irregularities in each bid received.

I. No Bids Received. If no bids are received, the Authorized Contracting Party mMay award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re- solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. §200.320(c).

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J. Award of Contract. The contract sShall be awarded in accordance with Section 3.08.050.F. If two or more bids are the same and the lowest, the City mMay accept the one it chooses.

K. Rejection of Bids. The City may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the pProject, the City sShall have the option of any of the Following:

1. Abandon the pProject; or

2. Readvertise for bids in the manner described in this chapter; or

3. By passage of a Resolution by a four-fifths (4/5) vote of the City Council, declare that the pProject can be performed more economically by the eEmployees of the City and have the pProject done by force account.

L. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive thant the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)

3.08.100 Public Projects—Informal Bidding Procedure.

A. Uses of Public Project Informal Bidding Procedure. This Informal Bidding Procedure sShall be uUsed when a Public Project is involved and informal bidding is pPermitted by this chapter.

B. Contractor List. The Purchasing Officer or designee sShall maintain a list of qualified contractors, identified according to categories of work, as described in Section 22034(a) of the Act. The list sShall be developed and maintained in accordance with criteria established by the Commission. In developing the list, the Purchasing Officer or designee sShall either mail, fax, or email a written notice to all construction trade journals designated for the City under Section 22036. The notice must invite all licensed contractors to submit the name of their firms to the City for inclusion on the City’s list of qualified bidders for the following twelve (12) months.
obtain from the Contractor's State License Board and from the contractor's trade associations in the County, the names and addresses of qualified contractors located in the County.

C. Distribution of Notice Inviting Informal Bids. The Purchasing Officer sShall provide a nNotice inviting informal bids. The nNotice inviting informal bids sShall be mailed to either or both of the fFollowing:

1. All contractors on the qualified contractors list maintained pursuant to subsection B. of this section; and/or

2. All construction trade journals specified in Section 22036 of the Act. The nNotice inviting informal bids mMust be mailed not less than ten (10) calendar dDays before the bids are due.

D. Contents of Notice Inviting Informal Bids. At a minimum, the nNotice inviting informal bids Shall:

1. Describe the pProject in general terms;

2. State how to obtain more detailed information about the pProject;

3. State the date, time and place for the submission of sealed bids; and

4. Include any other information required by State or Local lLaw, as determined by the City Attorney.

E. Proprietary Projects or Products. If the Director of the uUsing dDepartment certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the nNotice inviting

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informal bids mMay be sent exclusively to such contractor or contractors. For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. §200.320(c) and be fully documented in the contract file.

F. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents sShall be aApproved by the Director of the uUsing dDepartment, as well as the City Attorney.

G. City's Authority. The City mMay reject any or all bids received, and mMay waive any mMinor irregularities in each bid received.

H. No Bids Received. If no bids are received, the Authorized Contracting Party mMay award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re- solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. §200.320(c).

J. Award of Contract. The contract sShall be awarded in accordance with Section 3.08.050(f). If two or more bids are the same and the lowest, the City mMay accept the one it chooses.

K. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive thant the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.110 Non-Public Projects—Formal Bidding Procedure.

A. Uses of the Non-Public Project Formal Bidding Procedure. A Formal Bidding Procedure sShall be uUsed whenever formal bidding is required by this chapter and the pProject does not involve a Public Project.

B. Distribution of Notice Inviting Formal Bids or Request for Proposals. A nNotice inviting formal bids or a request for proposals, as appropriate, sShall be published at least fourteen (14) calendar dDays before the date of opening the bids or proposals in a newspaper of general circulation printed and published in the City, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the City. The nNotice inviting formal bids or request for proposals mMay also be provided directly to vendors or contractors. The City sShall endeavor to receive formal bids or proposals from at least three (3) vendors or contractors. A nNotice inviting bids sShall be uUsed whenever the pProject or purchase mMust be awarded to the lowest responsible and responsive bidder. A request for proposals mMay be uUsed whenever the pProject or purchase is not required to be awarded to the lowest responsible and responsive bidder. If the Purchasing Officer and the Director of the uUsing dDepartment certify that, to the best of their knowledge, there is no lLocal source or lLocal provider available for the pProject, the nNotice inviting bids or the request for proposals, as appropriate, mMay be distributed to a list of qualified vendors maintained by the Purchasing Officer and/or published in a trade journal appropriate to the pProject, in lieu of publication in a newspaper of general circulation.

C. Contents of Notice Inviting Formal Bids or Request for Proposals. At a minimum, the nNotice inviting formal bids or request for proposals sShall:

1. Describe the pProject or purchase in general terms;

2. State how to obtain more detailed information about the pProject or purchase;

3. State the date, time and place for the submission of bids or proposals; and

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4. Include any other information required by State or Local lLaw, as determined by the City Attorney. Bids for purchases of more than fifty thousand dollars ($50,000) sShall be sealed bids.

D. Proprietary Projects or Sole Source Products. If the Director of the uUsing dDepartment certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the nNotice inviting formal bids or request for proposals mMay be sent exclusively to such vendor(s) or contractor(s). For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. §200.320(c) and be fully documented in the contract file.

E. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents sShall be aApproved by the Director of the uUsing dDepartment, as well as the City Attorney.

F. City's Authority. The City mMay reject any or all bids or proposals received, and mMay waive any mMinor irregularities in each bid or proposal received.

G. No Bids Received. If no bids are received, the Authorized Contracting Party mMay award the contract by any Alternative Procedure. For federally funded procurements, if no bids are received, the City shall either re- solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. §200.320(c).

H. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive thant the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.120 Non-Public Projects—Informal Bidding Procedure.

A. Uses of Non-Public Project Informal Bidding Procedure. This Informal Bidding Procedure sShall be used whenever informal bidding is allowed for a purchase which does not involve a Public Project.

B. Distribution of Notice Inviting Informal Bids or Request for Proposals. A nNotice inviting informal bids or request for proposals, as appropriate, sShall be provided. The nNotice inviting informal bids or requests for proposals sShall be provided to at least three (3) vendors or contractors, and the City sShall endeavor to receive informal bids or proposals from at least three (3) vendors or contractors. A nNotice inviting bids sShall be uUsed whenever the pProject or purchase mMust be awarded to the lowest responsible and responsive bidder. A request for proposals mMay be uUsed whenever the pProject or purchase is not required to be awarded to the lowest responsible and responsive bidder.

C. Contents of Notice Inviting Informal Bids or Request for Proposals. At a minimum, the nNotice inviting informal bids or request for proposals Shall:

1. Describe the pProject or purchase in general terms;

2. State how to obtain more detailed information about the pProject or purchase;

3. State the date, time and place for the submission of bids or proposals; and

4. Include any other information required by State or Local lLaw, as determined by the City Attorney. Bids for purchases of more than fifty thousand dollars ($50,000) sShall be sealed bids.

D. Proprietary Projects or Products. If the Director of the uUsing dDepartment certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited

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number of vendors or contractors, and that no equivalent products or services are available, the nNotice inviting informal bids or request for proposals mMay be sent exclusively to such vendor(s) or contractor(s).

For federally funded procurements, a proprietary or sole source determination must meet one of the allowable noncompetitive procurement justifications set forth in 2 C.F.R. §200.320(c) and be fully documented in the contract file.

F. City's Authority. The City mMay reject any or all bids or proposals received, and mMay waive any mMinor irregularities in each bid or proposal received.

G. No Bids or Proposals Received. If no bids or proposals are received, the Authorized Contracting Party mMay award the contract by any alternative purchasing procedure. For federally funded procurements, if no bids are received, the City shall either re-solicit or document a noncompetitive procurement justification consistent with 2 C.F.R. §200.320(c).

H. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive thant the requirements of this section, the City shall comply with such requirements. (Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.130 Exceptions to competitive bidding—Public Projects.

In addition to the situations described in Section 3.08.050, competitive bidding, either formal or informal, is not required for Public Projects in the situations provided for in this section. Under such conditions, any Alternative Procedure mMay be uUsed. Prior to a contract award under this section, the City Manager shall cause City staff to prepare and maintain a contract file with sufficient information to satisfy an external audit with respect to the exception invoked, which shall be retained for no less than five (5) years after the contract is entered into or the last payment thereunder is made, whichever occurs later.

A. Emergencies. In situations determined by the City Manager to constitute an Emergency for a Public Project pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The City Council hereby delegates to the City Manager the power to declare a public Emergency and take any directly related and immediate action required by the Emergency, up to the limit set forth in subd. (c) of section 22032 of the Public Contract Code, currently two hundred twenty thousand dollars ($220,000) as of 2025a total of one hundred thousand dollars, pursuant to Section 22035 of the Act and California Public Contract Code Section 22050. Emergency expenditures of more than the limit set forth in subd. (c) of section 22032 of the Public Contract Code, currently two hundred twenty thousand dollars ($220,000) as of 2025, one hundred thousand dollars Shall first be Approved by the City Council. Work Shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.

For Projects of more than the limit set forth in subd. (a) of section 22032 of the Public Contract Code, currently seventy five thousand dollars ($75,000) as of 2025fifty thousand dollars, a report on the Emergency and work performed sShall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council sShall determine, by a four- fifths (4/5) vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section

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22050. The City Council sShall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action mMay be completed pursuant to a Formal Bidding Procedure.

For Projects of fifty thousand dollars or less, the City Manager Shall determine, on his or her own as the action continues, whether there is a need to continue the action without the benefit of Public Project informal competitive bidding. The City Manager sShall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action mMay be completed pursuant to an Informal Bidding Procedure.

C. No Bids Received. When no bids are received pursuant to either the Public Project Informal Bidding Procedure or the Public Project Formal Bidding Procedure.

D. Otherwise Authorized. When otherwise authorized by this chapter or applicable Law.

E. Federal Funding, Grant Funding, and Other Restrictions. Where applicable law, grant agreement, or other restriction, including by way of illustration and not by limitation 2 C.F.R. Part 200, imposes requirements more restrictive thant the requirements of this section, the City shall comply with such requirements.
(Ord. 0-12-03 § 1 (part), 2003)
(Ord. No. O-10-21, § 2, 9-21-2021)

3.08.140 Exceptions to competitive bidding—Non-Public Projects.

A. Emergencies. In situations determined by the Authorized Contracting Party to constitute an Emergency, as defined in section 3.08.020.

D. State Purchase. When the purchase is made on behalf of the City by the State Department of General Services.

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