ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING SECTION 3.04.080, “FORMAL BID PROCEDURES FOR PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT”; SECTION 3.04.110, “AUTHORIZED PURCHASING ALTERNATIVES FOR SUPPLIES, SERVICES AND EQUIPMENT”; SECTION 3.04.140, “PURCHASE OF PROFESSIONAL SERVICES”; AND SECTION 3.04.170 “PUBLIC PROJECTS- DEFINITIONS” OF CHAPTER 3.04, “PURCHASING SYSTEM,” WITHIN TITLE 3, OF
THE FOSTER CITY MUNICIPAL CODE TO MAKE ADMINISTRATIVE REVISIONS TO THE CITY’S PURCHASING SYSTEM
CITY OF FOSTER CITY
WHEREAS, the City’s municipal code currently includes Chapter 3.04, Purchasing System, of Title 3, Revenue and Finance; and,
WHEREAS, it is in the best interest of the City to update its purchasing system and policy to improve efficiency through encouraging the use of the cooperative purchasing agreements and the results of competitive bidding processes in other jurisdictions
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES HEREBY ORDAIN AS FOLLOWS :
Section 1. Amendment. Section 3.04.080, “Formal bid procedures for purchases of supplies, services and equipment,” Section 3.04.110, “Authorized purchasing alternatives for supplies, services and equipment, Section 3.04.140, “Purchase of professional services” and Section 3.04.170, “Public Projects-Definitions,” of Chapter
3.04 within Title 3 of the Foster City Municipal Code shall be amended by repealing those sections and replacing them in their entirety to read as follows:
“Chapter 3.04
PURCHASING SYSTEM
…
3.04.080 Formal bid procedures for purchases of supplies, services and equipment.
A. For purchase of supplies, services and equipment of an estimated value as specified in the purchasing policy (Level C):
1. City manager authorizes the issuance of a bid request, or, in the alternative, the city manager authorizes the purchasing authority to negotiate directly with sole source vendor.
2. Purchasing authority publishes bid request to potential qualified vendors. 3 2
8 5
3 2
8 5
3. Purchasing authority analyzes proposals received and makes recommendation to city council.
4. City council approves contract for purchase of the supplies, services and equipment.
…
3.04.110 Authorized purchasing alternatives for supplies, services and equipment.
Requirements for bids may be dispensed with for:
A. Purchases, supplies, services and equipment are of an estimated value as specified in the purchasing policy (Level A);
B. Commodities that can be obtained from only one vendor; C. Emergency purchases as defined in Section 3.04.100 are required; D. Purchase of insurance coverage;
E. Franchises that are awarded by the city council;
F. Purchases that use bids of other departments of the City/District of other public agencies not older than thirty-six months;
G. Purchases that use cooperative purchasing agreements; H. Purchases that qualify for alternative purchasing process under state law, such as energy procurement and efficiency projects that meet the requirements of California Government Code Section 4217.
…
3.04.140 Purchase of professional services.
A. Definition. Professional services is generally defined as related to:
architectural; landscape architectural; engineering (including but not limited to civil, electrical, computer hardware/software, or audiovisual system); environmental; land surveying; professional management services (including but not limited to human resources, training, group facilitation, or legislative analysis); construction project management services; or legal, expert or auditing services.
B. The following procedures shall be followed in obtaining requests for qualifications or proposals for professional services contracts:
1. For professional services contracts of an estimated value as specified in the purchasing policy (Level D):
3 2
8 5
3 2
8 5
a. Purchasing authority issues request for qualifications or proposals, or, in the alternative, the city manager authorizes negotiation directly with sole source provider.
b. Purchasing authority publishes request for qualifications or proposals to potential service providers.
c. Purchasing authority analyzes proposals received and makes recommendation to city manager.
d. City manager approves contract if funds are available in department budget. e. If funds are not available in department budget, proposal goes to the city council to approve funding and award contract for professional services.
2. For professional services contracts of an estimated value as specified in the purchasing policy (Level E):
a. The city manager authorizes issuing of request for qualifications or proposals (including specifications and/or scope of work), or, in the alternative, authorizes the purchasing authority to negotiate directly with a sole source provider. b. Purchasing authority publishes request for qualifications or proposals to potential service providers.
c. Purchasing authority analyzes proposals received and makes recommendation to city council.
d. City council approves contract for professional services. …
3.04.170 Public projects—Definitions.
A. General. Contracts for public projects as defined in the California Uniform Public Construction Cost Accounting Act shall be in writing and awarded by the city council or its designee to the lowest responsible and responsive bidder, except as otherwise provided herein.
B. “Public project” is generally defined as:
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;
3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power 3 2
8 5
3 2
8 5
plants, and electrical transmission lines of two hundred thirty thousand volts and higher.
C. “Public project” does not include maintenance work. For purposes of this section, “maintenance work” is generally defined as:
1. Routine, recurring, and usual work for the preservation or protection of any city-owned or publicly operated facility for its intended purposes;
2. Minor repainting;
3. Resurfacing of streets and highways at less than one inch;
4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems;
5. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand volts and higher.
D. “Facility” is generally defined as any plant, building, structure, ground facility, utility system, real property, streets and highways, or other public work improvement.”
All other sections of Chapter 3.04 not specifically amended herein shall remain unchanged.
Section 2. CEQA. This ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this would be a purely administrative change and not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Foster City hereby declares that it would have adopted this Ordinance irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion be declared invalid or unconstitutional or ineffective.
Section 4. Pursuant to Section 36937 of the Government Code of the State of California, this Ordinance shall take effect and be in full force and effect thirty (30) days after its final passage.
3 2
8 5
3 2
8 5
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.
Section 6. Publication; Certification. The City Clerk shall attest to the adoption of this Ordinance and cause the same to be published in accordance with State law.
This Ordinance was introduced and read on the 21st day of April, 2025, and passed and adopted on the 5th day of May, 2025, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
STACY JIMENEZ, MAYOR
ATTEST:
___________________________________
PRISCILLA SCHAUS, CITY CLERK