Sections:
2.105.010 Definitions.
2.105.020 Organization generally – Director of Finance.
2.105.015 Repealed.
2.105.020030 Accounting services division.
2.105.030040 Municipal services division.
2.105.040 Administrative services division.
2.105.050 Computer servicesBudget division.
2.105.060 Financial management and treasury division.
2.105.070 Purchasing – Authority – Application.
2.105.080 Adoption of centralized purchasing system for supplies, materials, equipment andProducts and General Services.
2.105.090 Centralized purchasing – Exceptions.
2.105.100 Definitions.
2.105.110 Splitting of purchases or contracts for services.Products or General Services.
2.105.120110 Appropriation balance necessary.
2.105.130120 Purchasing Division Manager.
2.105.140 Purchasing process.
2.105.150130 Additional quantities.
2.105.140 Competitive requirements for purchases.
2.105.150 Formal competitive bids or proposals; use of electronic media; reverse auctions.
2.105.160 Single source procurementAward of contracts.
2.105.170 Bidding procedures – When required – Reverse auction – Exceptions.
2.105.180 Formal bidding procedure – Notice inviting bids.
2.105.190180 Bidders’ security.
2.105.200190 Performance and payment bonds for contracts.
2.105.210 Opening of bids.
2.105.220200 Rejection of bids or proposals.
2.105.230210 Tie bids.
2.105.240220 Procedure when no bids or proposals received.
2.105.230 Bid or Proposal irregularities or informalities.
2.105.240 Protest Procedures.
2.105.250 Low bidder determination – Criteria.Procurements where competitive methods are not practicable.
2.105.260 Local preference.
2.105.270 Award of contract.
2.105.280 Informal bidding.
2.105.290 Purchases from public agencies.
2.105.300 Emergency purchases by City Manager.
2.105.310 Open purchase 2.105.270 Purchases from other public agencies or through the utilization of Competitive bid processes of other public agencies.
2.105.280 Single and sole source procurements.
2.105.290 Idle act.
2.105.300 Purchase orders – Blanket purchase agreements.
2.105.320 General services – Definition.
2.105.330 General services – Contracting procedures.
2.105.340 General serviceand contracts– Signature authority.
2.105.350310 Surplus personal property.
2.105.360 Green320 Climate friendly purchasing.
2.105.010 Definitions.
As used in this chapter:
(a) “Brand name” means a specification limited to one or more items by manufacturers’ names or catalog numbers to describe the standard of quality, performance, and other salient characteristics needed to meet City requirements, and which provides for the submission of equivalent products.
(b) “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity. (c) “City” means the City of Santa Clara and any of its affiliated agencies. (d) “City Manager” means the City Manager or his/her designee. (e) “General Services” means any work performed or services rendered by an independent contractor, with or without the furnishing of materials.
(1) “General Services” includes, but is not limited to the following:
(A) Maintenance, nonstructural repair, and improvements to City buildings and structures, which do not require engineering plans, specifications or design, such as replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, utility systems maintenance, elevator maintenance, custodial services and pest control;
(B) Repair, modification and maintenance of City equipment and software; (C) Cleaning, analysis, testing, moving, removal and disposal (otherwise than by sale) of City materials, supplies and equipment;
(D) Replanting, care, and maintenance of public grounds, including, but not limited to, trees, shrubbery, flowers and lawns, which does not require engineering plans, specifications or design;
(E) Professional and non-professional services to facilitate City operations; and (F) Repair, demolition and other work, required to abate nuisances pursuant to this Code.
(2) “General Services” shall not include:
(A) Work performed by City employees, public agencies, or pursuant to City collective bargaining agreements;
(B) Public works projects as defined in this Chapter;
(C) Any purchase of materials, supplies or equipment;
(C) Services performed under a grant agreement between the City and a grantee of a City program;
(D) Services for the design, fabrication or installation of a work of art; (E) Temporary staffing services; or
(F) Services performed under a concession agreement between the City and a licensee or permittee on City property.
(f) “Life-cycle costs” means the costs that the City reasonably should be expected to pay for the full life of a product, including the purchase amount, ancillary costs, and recycling and disposal costs at end-of-life.
(g) “Maintenance” means routine, recurring, and usual work for the preservation, protection, and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it was designed, improved, constructed, altered, or repaired. This definition of “maintenance” expressly includes, but is not limited to carpentry, electrical, plumbing, glazing, and other craftwork that is consistent with the definition set forth above to preserve the facility in a safe, efficient, and continually usable condition for which it was intended, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or realty as fixtures. This definition does not include, among other types of work, janitorial or custodial services and protection of the sort provided by guards or other security forces. Upgrades to facilities may be considered maintenance only if they are necessary to preserve, protect and keep the public facility operating for its intended purpose in a safe and continually usable condition for which it was designed, improved, constructed, altered, or repaired.
(h) “Person” means any business, individual, union, committee, club, organization or group of individuals.
(i) “Products” means supplies, materials, equipment, and software that are required for City operations.
(j) “Procurement” means the, sourcing, purchasing, renting, leasing or otherwise acquiring of any General Services or Products. “Procurement” also includes any function that pertains to obtaining Products or General Services, such as description of requirements, selection and solicitation of sources, preparation and awards of contracts, and contractual administration. (k) “Procurement card” means a charge card issued to an employee of the City of Santa Clara for the purpose of making authorized purchases on the City’s behalf. (l) “Procurement Guide” is a user guide, promulgated by the Purchasing Division Manager, that addresses the practical application of the provisions of this Chapter. (m) “Public works” means the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind. (n) “Responsible bidder” means a vendor or contractor with the capability in all respects to perform all contractual responsibilities, that presents a bid amount that is competitive and reasonable, and has attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform under the contract.
(o) “Reverse auction" means an internet-based process in which vendors compete to obtain business, the identity of vendors submitting bids but not the amount of the bids remains sealed during the time allotted for the auction, and vendors may submit successively lower bids, with the goal that bids submitted by ven dors will decrease over the time allotted for the auction.
(p) “Sole Source” means that there is only one supplier or contractor available for the required product or service.
(q) “Single Source” means that a particular supplier is purposefully chosen by the buying organization even when there are other suppliers with a functional equivalent of the product available.
(r) “Specification” means any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing, preparing a supply or service for delivery, or product to be used. (s) “Surplus supplies” means personal property owned by the City that no longer has a useful purpose. Surplus supplies includes, but is not limited to, supplies that are worn out, obsolete or unsuitable for City use.
(u) “Total taxable amount” means total price for products or services exclusive of shipping, handling, and any other associated charges.
2.105.020 Organization generally – Director of Finance. (a) The Finance Department shall be under the direct supervision of a Director of Finance, who shall be in the unclassified service. The Finance Department shall be organized into the divisions as provided in this chapter. The Director of Finance shall manage and direct the activities of the Finance Department.
(b) The Assistant Director of Finance, who shall be in the unclassified service, shall assist the Director of Finance and shall act in the capacity of Director of Finance in his/her absence.
Additionally, the Assistant Director of Finance may be assigned the responsibility to oversee the operation of one or more of the divisions or may be assigned to directly supervise one of the divisions.
2.105.015 Performance of City Auditor functions.
2.105.020
2.105.030 Accounting services division.
The accounting services division shall be under the immediate supervision of the Assistant Director of Finance or a division manager, accounting services, who shall be in the unclassified service. The duties of this division shall be as follows:
(a) Manage the general accounting system and accounting control for all the various offices, departments, and agencies of the City.
(b) Prepare and submit for the City Council a monthly statement of all receipts and disbursements in sufficient detail to show the City’s current financial position. (c) Maintain cemetery and miscellaneous accounts receivable and deposit ledgers.
(d) Maintain an accounts payable ledger and manage the proper disbursement of all moneys in accordance with the City budget.
(e) Develop and implement expenditure control procedures over each office, department, or agency of the City.
(f) Prepare and record the biweekly payroll, voucher all claims against the City, and prepare the necessary warrants and checks for payment therefor.
(g) Maintain records correctly showing all the capital assets and liabilities of the City. (h) Prepare annual audited financial statements for the City and its agencies and other periodic financial statements and reports as required and requested. (i) Prepare for publication all required governmental reports having to do with the financial condition of the City.
(j) Compile data and statistics and develop financial analysis as required and requested. (k) Manage special projects as assigned.
(l) Manage production of the City’s annual financial reports, general-purpose financial statements, and annual comprehensive financial report.
(m) Manage the following ongoing projects:
(1) Reimbursement claims against the state;
(2) Governmental Accounting Standards Board (GASB) updates; (3) Legislative review and updates;
(4) Internal audit of fixed assets for insurance reporting. (n) Perform internal control of Finance Department functions.
2.105.030 040 Municipal services division.
The municipal services division shall be under the immediate supervision of the Assistant Director of Finance or a division manager, municipal services, who shall be in the unclassified service. The duties and responsibilities of this division shall be as follows:
(a) Manage field and office customer service staff who provide counter and telephone assistance regarding utilities, business tax, process and receipt all monetary transactions (e.g., request for turn-on and turn-off of utilities, meter testing, payment arrangements and referrals for financial assistance).
(b) Manage a complex on-line computerized utility billing system which tracks meter and payment history, consumption, charges, allocations and generates monthly billings. (c) Research, prepare findings, and resolve customer concerns, suggestions and/or complaints. (d) Maintain a comprehensive computerized hand-held meter reading system which stores monthly meter reads and interfaces with the utility billing system to generate monthly utility billings.
(e) Receive and have custody of all cash and checks received over the counter or in the mail by the City from any source and issue receipts therefor.
(f) Administer a computerized cash receipting system which tracks all payments received by the City. This system provides for real time verification of payments, encoding and endorsing of all checks and automatic posting of all transactions to the utility billing and business tax systems. (g) Deposit or keep safe all moneys received in such depositories as may be designated by the City Council, in compliance with the provisions of the State law governing the handling, depositing, and securing of public funds.
(h) Administer the business tax policies and related enforcement, as directed, including the billing therefor.
(i) Maintain and process all bankruptcy claims; and prepare and file various State and Federal reports.
(j) Coordinate and process numerous service contracts and equipment maintenance contracts. (k) Act as City’s representative for the receipt and evaluation of solicitation requests from charitable organizations.
(l) Manage special projects as assigned.
(m) Perform such other related administrative duties as may be assigned by the Director of Finance.
(n)
ReceiptReceive credit and debit card transactions.
(o) Adoption and Amendment of Municipal Services Division, Utility Services Rules and Regulations.
(1) Adoption of Rules and Regulations by Resolution. The City Council may, from time to time, by resolution, as it deems necessary for the administration or implementation of the intent of this Code, review, revise, adopt and/or promulgate new or amended rules and regulations concerning the operation or administration of the following:
(A) Finance Department’s Municipal Services Division, Utility Services Rules and Regulations [SCCC 2.105.
030040];
(B) Electric Department’s Silicon Valley Power Rules and Regulations [SCCC
13.05.040];
(C) Water Department’s Rules and Regulations for Water Service and Use [SCCC
13.15.080]; and
(D) Street Department’s Rules and Regulations for Garbage, Refuse, Recycling, Household Hazardous Waste, and/or Clean Green Service [SCCC 8.25.290]. (2) Amendment of Municipal Services Division, Utility Services Rules and Regulations. The City Council may subsequently adopt or amend the Municipal Services Division, Utility Services Rules and Regulations from time to time by resolution of the City Council. Such amendments may be adopted as the City Council deems necessary or expedient for the administration or implementation of this Code, or to review, revise, adopt and/or promulgate
new or amended rules and regulations concerning the operation or administration of the electric, water, sewer and/or street departments to govern the municipal and utility services furnished by the City. Such amendments may be in response to changing facts and circumstances which affect the operation of the City’s electric, water, sewer and/or street departments, or as a result of any applicable law(s) and/or regulation(s) implemented by the Federal or State government, their respective regulatory agency(ies), or local ordinance.
Any new or amended rules and regulations subsequently adopted by the City Council by resolution shall be incorporated by reference into this Code. (3) Responsible Parties. Customers of the electric, water, and/or street departments shall be considered as having given express consent to be bound by this Code and any City departmental Rules and Regulations subsequently enacted pursuant to this Code. (4) Responsibility for Enforcement. The primary responsibility for enforcement of the departmental rules and regulations shall be with the City Manager. (p) Enforcement of the Rules and Regulations. Except when more specific provisions pertaining to departmental rules and regulations are intended to supersede the provisions of SCCC
1.05.070, the following shall apply:
(1) Pursuant to SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the departmental rules and regulation as a criminal, civil, and/or administrative action.
2.105.
040 Administrative services050 Budget division.
The administrative servicesbudget division shall be under the immediate supervision of the Assistant Director of Finance or a division manager, who shall be in the unclassified service.
The duties and responsibilities of this division shall be as follows:
(a) Manage and direct the activities of the Finance Department.
(b) Compile and produce the City’s annualbiennial operating and capital improvement budgets. (c) Produce annual updates to the City’s fiveten-year financial study. (d) Prepare and monitor long-range financial plans for the City and its agencies, including periodic updates as required.
(e) Prepare periodic and annual revenue forecasts.
(e(f) Analyze and prepare estimated revenue and expenditure updates.
(f(g) Monitor and report the City’s Proposition 4 appropriations limit and general contingency reserves.
(g) Manage production of the City’s annual financial reports, general-purpose financial statements, and comprehensive annual financial report.
(h) Manage the following ongoing projects:
(1) Reimbursement claims against the state;
(2) Sales
sales and property tax audits;.
(3) Governmental Accounting Standards Board (GASB) updates;
(4) Legislative review and updates;
(5) Internal audit of fixed assets for insurance reporting.
(i) Perform internal control of Finance Department functions.
(j) Provide administrative and clerical support for the Finance Department.
(k) Manage “risk management” programs for the City and its agencies, including, but not limited to,(i) Analyze and recommend options for budget balancing to the City Manager. (j) Monitor operating and capital improvement budgets, with regular reporting to the City Council.
(k) Coordinate the forecasting of general liability, earthquake, property and casualty, and other miscellaneous insurance coveragecosts and coverages (commercial or self-insurance). Also, administer the liability claims service agreement.
(l) with the City’s Risk Manager. (k) Manage special projects as assigned.
2.105.050 Computer services060 Financial management and treasury division.
The computer servicesfinancial management and treasury division shall be under the immediate supervision of a division manager, computer services, who shall be in the unclassified service.
The duties and responsibilities of this division shall be as follows:
(a) Provide the several departments of the City such assistance and advice in connection with the formulation and implementation of data processing procedures, systems and programs as are approved and authorized by the City Manager.
(b) Perform for the several departments of the City such data processing functions as shall be designated by the City Manager to be necessary and desirable.
2.105.060 Financial management division.
The financial management division shall be under the immediate supervision ofthe Assistant Director of Finance or a division manager, financial management, who shall be in the unclassified service. The duties of this division shall be as follows:
(a) Monitor the financing needs of the City and its agencies and manage negotiated and public- bid bond issues.
(b) Manage cash flow and invest idle cash in accordance with established policies and procedures and prepare monthly reports for the City and its agencies. (c) Manage the outstanding debt of the City and its agencies in compliance with established policies and various bond covenants and prepare periodic reports. (d) Compile data and statistics and develop financial analysis and forecasts as required and requested.
(e) Prepare and monitor long-range financial plans for the City and its agencies, including periodic updates as required.
(f(e) Administer contracts between the City and its agencies and outside contractors for compliance with financial and insurance terms and conditions of these agreements, consistent with City policy.
(g(f) Manage special projects as required.
2.105.070 Purchasing – Authority – Application.
(a) This purchasing system shall apply to all purchases of supplies, materials, equipmentProducts and General Services, in whatever amount. (b) The establishment of a centralized purchasing system is authorized and directed by “The Charter of the City of Santa Clara, California” Section 1318 and Government Code Sections 54201 through 54205.
(c) When a purchase involves the expenditure of Federal assistance and/or contract funds, the purchase shall be conducted in accordance with mandatory Federal law and regulations. (d) Nothing in this chapter shall prevent the City from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law. (Ord. 1941 § 3, 6-16-15).
2.105.080 Adoption of centralized purchasing system for supplies, materials, equipmentProducts and General Services.
(a) A purchasing system is hereby adopted in order to: establish uniform procedures for the purchase of supplies, materials, equipment (hereinafter sometimes collectively referred to as “personal property”)Products and services; secure for the City supplies, materials, equipment andGeneral Services at the lowest possible cost, while ensuring quality, quantity and availability; exercise proactive financial control over purchases; and clearly define authority for the purchasing function.
(b) There is also hereby created a centralized purchasing division, under the direct supervision of the City Manager or her/his designee, in whom is vested authority for the purchase of supplies, materials, equipment andProducts and General Services. (c) The purchasing system may includeallow for the decentralization of certain purchasing functions as appropriate while ensuring appropriate internal controls.
(d) The purchasing system shall require the Purchasing Division Manager to promulgate and maintain a Procurement Guide to serve as a user guide that addresses the practical application of the provisions of the Chapter.
(e) All purchases of supplies, materials and equipment exceeding ten thousand dollars ($10,000.00)Products and General Services shall require a City purchase order, and all general services require an executed contract. or signed agreement. Exceptions to this requirement include:
(1) Preapproved Procurement card purchases made in accordance with the City procurement card policy; and
(2) Payments made for ongoing City operations which are includedas described in the approved requisition listingCity’s Procurement Guide.
2.105.090 Centralized purchasing – Exceptions.
The following are exceptions to the centralized purchasing system:
(a) The City Manager may authorize in writing any City department to purchase, contract for, or specify supplies, materials and equipmentGeneral Services or Products independently of the centralized purchasing system, but it shall be required that such purchases or contracts be made in conformity with these procedures and shall further require periodic reports from the City departments on the purchases and contracts made under such written authorization.this Chapter and the City’s Procurement Guide.
(b) Any contract for the purchase or sale of water, electrical power, fuels for the generation of electrical power, wastewater and recycled water.
(c) Any contract for a public work as defined by applicable State and local law, including, but not limited to, City Charter Section 1310 and Public Contracts Code Section 5100 and followinget seq.
2.105.100 Definitions.
As used in this chapter:
(a) “Appropriate bidder” means a vendor or contractor with the capability in all respects to perform the contract completely, that presents a bid amount that is competitive and reasonable, and has attributes of trustworthiness, quality, fitness, capacity and experience to satisfactorily perform under the contract.
(b) “Architect-engineer and land surveying services” means those professional services within the practice of architecture, professional engineering or land surveying as defined by the laws of the State of California.
(c) “Brand name or equal specification” means a specification limited to one or more items by manufacturers’ names or catalog numbers to describe the standard of quality, performance and other salient characteristics needed to meet City requirements, and which provides for the submission of equivalent products.
(d) “Business” means any corporation, partnership, individual, sole proprietorship, joint stock
company, joint venture or any other private legal entity.
(e) “City” means the City of Santa Clara and any of its affiliated agencies.
(f) “City Manager” means the City Manager or his/her designee.
(g) “Emergency” means a situation where immediate action is required to preserve the public peace, health and safety and/or to avoid severe degradation of City property or a facility.
(h) “Idle act” shall mean that formal bids would not be useful or produce any advantage for the City. Idle acts include but are not limited to the following situations where:
(1) Specifications cannot be drawn in a way that would enable more than one bidder to meet them.
(2) It is impossible, as a practical matter, to obtain the supplies, material or equipment required and observe the formal bidding requirements.
(3) Due to circumstances beyond the control of the City, the time necessary to use the formal bidding procedure would result in substantial economic loss to the City or substantial interference with a critical City operation.
(i) “Informal bidding” means purchases based on at least three price quotations, which may be solicited by any reasonable means including, but not limited to, mail, telephone, fax, electronic mail or posting on the City’s or another public website for bids.
(j) “Invitation for bids” means all documents, whether attached or incorporated by reference, utilized for soliciting bids.
(k) “Life-cycle costs” means the costs that the City reasonably should be expected to pay for the full life of a product, including the Splitting of purchase amount, cost of supplies, recycling and disposal of the product.
(l) “Maintenance” means routine, recurring, and usual work for the preservation, protection, and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it was designed, improved, constructed, altered, or repaired. This definition of “maintenance” expressly includes, but is not limited to: carpentry, electrical, plumbing, glazing, and other craftwork designed consistent with the definition set forth above to preserve the facility in a safe, efficient, and continually usable condition for which it was intended, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or realty as fixtures. This definition does not include, among other types of work, janitorial or custodial services and protection of the sort provided by guards or other security forces. Upgrades to facilities may be considered maintenance only if they are necessary to preserve, protect and keep the public facility operating for its intended purpose in a safe and continually usable condition for which it was designed, improved, constructed, altered or repaired.
(m) “Open purchase order” is a document issued to a vendor that establishes a line of credit allowing appropriate City employees to obtain supplies, materials, equipment or general services on an “as needed” basis.
(n) “Person” means any business, individual, union, committee, club, other organization or group of individuals.
(o) “Procurement” means the buying, purchasing, renting, leasing or otherwise acquiring of any supplies, materials, equipment or services. It also includes all functions that pertain to the obtaining of any supply, material, equipment or service, including description of requirements, selection and solicitation of sources, preparation and awards of orders or contracts and contractual administrationfor Products or General Services.
(p) “Procurement card” means a charge card/credit card issued to an employee of the City of Santa Clara for the purpose of making authorized purchases on the City’s behalf.
(q) “Public works” means the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind.
(r) “Specification” means any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing, preparing a supply or service for delivery, or product to be used.
(s) “Supplies” means all property (including, but not limited to, equipment and materials) except as otherwise provided in this chapter.
(t) “Surplus supplies” means supplies that are worn out, obsolete or unsuitable for City use.
(u) “Total amount” means total price charged for a product, including tax, shipping and handling, and any other associated charges.
(v) “Total taxable amount” means total price for product on which sales taxes are charged.
2.105.110 Splitting of purchases or contracts for services.
No officer or employee of the City shall split or separate a purchase of supplies, materials or equipment,Products or a contract for General Services, for the purpose of evading the provisions of this Chapter. The acquisition of supplies, materials and equipmentProducts should normally be made as a single purchase when the need has been identified for multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer.
2.105.120 110 Appropriation balance necessary.
(a) No purchase of supplies, materials or equipment, or contractExcept for general services, shall be entered into or executed by the City Manager unless there is an unexpended and unencumbered appropriation balance sufficient to pay the amount required by such purchase or contract or purchase order, except for an emergency purchasepurchases made pursuant to this
Chapter.
(b), no officer or employee of the City shall requisition, purchase or order any supplies, materialsProducts or equipmentGeneral Services unless there exists an unencumbered balance of an appropriation, or appropriations available for such purposepurchase, against which the requisition, or purchase or order may be charged. (Ord. 1941 § 3, 6-16-15). (b) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the purchase shall be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Products or General Services delivered under the contract.
2.105.130 120 Purchasing Division Manager.
The Purchasing Division Manager shall be in the unclassified service and shall be the head of and have general responsibility for the purchasing division. The duties of the Purchasing Division Manager may be combined with those of any other department or position at the discretion of the City Manager. The Purchasing Division Manager shall, subject to the delegation and approval of the City Manager, have authority to or provide support thereof to:
(a) Purchase orand contract for supplies, materialsGeneral Services and equipmentProducts required by any City department in accordance with prescribed purchasing and bidding procedures, such administrative regulations as the Purchasing Division Manager shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as may be prescribed by the City Manager set forth in this Chapter; (b) Negotiate and recommend execution of contracts or blanket purchase agreementsorders for the purchase of supplies, materialsGeneral Services and equipmentProducts; (c) Act to procure for the City the needed quality and quantity of supplies, materialsGeneral Services and equipmentProducts at the least expense or best value to the City; (d) Endeavor to obtain as full and open competition as possible on all purchases; (e) Prepare and recommend to the City Manager rules governinga Procurement Guide for the purchase of supplies, materialsGeneral Services and equipmentProducts for the City;
(f) Prepare and recommend to the City Manager revisions and amendments to the purchasing rules;
(g) Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
(h) Prescribe and maintain such forms as are reasonably necessary to the operation of the purchasing system and other rules and regulations;
(i) RecommendFacilitate the transferreuse of surplus or unused supplies and equipmentpersonal property between City departments as needed and the sale of all supplies and equipmentpersonal property that cannot be usedre-purposed by any department;City Department; and
(j) Maintain a central warehouse; and.
(k) Maintain a bidders list, vendor catalog file(s) and the records needed for the effective operation2.105.130 Additional quantities.
At the discretion of the Purchasing Division.
2.105.140 Purchasing process.
The Purchasing Division Manager shall, subject to the provisions of the City Charter, this chapter and any other applicable law, establish a process for the purchase of supplies, materials and equipment.
2.105.150, additional quantities.
Within the period of time extended by the bidder may be purchased after the initial award of a contract or purchase order for supplies, materials or equipment, the City Manager may purchase additional quantities at the award price of the specified articles, if the Council approved an option for General Services or Products. If the purchase of additional quantities. Within the period of time extended by the bidder after the execution of a contract or purchase order for supplies, materials or equipment by the City Manager, the City Manager may purchase additional quantities at the quoted price, if such an option for additional quantities is included in the proposal and the cumulative amount of the contract or purchase order, after adding the additional amount purchased, does not exceed the or services increases the maximum compensation that exceeds the City Manager’s signature authority of the City Manager for such a purchaseset forth in this Chapter, or an amount previously approved by Council, then Council approval is required.
2.105.160 Single source procurement.
(a) Except as provided in subsection (b) of this section, no specifications for the procurement of supplies, materials or equipment shall be written in a manner that limits the purchase to a single manufacturer or brand name product. A specification may reference a brand name if the specification is followed by the words “or equal” under circumstances where it is reasonably possible for equivalency to be demonstrated.
(b) A procurement shall be exempted from the140 Competitive requirements of subsection (a) of this section if the Purchasing Division Manager has determined that a particular product may be specifically designated by reason of one or more of the following purposes:
(1) To acquire a specific product or performance for the purpose of conducting a field test or experiment to determine the product’s suitability for use by the City;
(2) When required to ensure operation or function to match other products with respect to the repair, expansion or completion of a system, existing structure or program currently in use by the City, including, but not limited to, utility and technology for purchases required to achieve interoperability with existing systems or programs;.
(3) In order to obtain a necessary item that is available only from one source;
(4) In order to make an emergency purchase pursuant to this chapter; and
(5) In order to achieve significant cost savings based upon consideration of the following cost factors:
(A) Timeliness and quality of installation, repair and maintenance;
(B) Availability and quality of user training;
(C) Supplies and replacement parts;
(D) Modification of existing equipment, materials or systems;
(E) Continued product service/support;
(F) Estimated amount and cost of reasonably foreseeable future purchases of equipment that would be required to be compatible or functional with the product that is the subject of the standardization determination; and
(G) Administrative costs.
(c) Nothing in this section shall prohibit the inclusion in specifications of an industry standard with regard to performance that can be met by more than one product or manufacturer.
(d) Purchases of equipment, materials or supplies shall not be segregated or conducted in any manner for the purpose of avoiding the requirements of this section.
(e)The City shall when practicable engage in competitive procurement. The Purchasing Division Manager shall establish written administrative procedures to carry out the provisions of this section. use the following procurement methods under the circumstances described below:
2.105.170 Bidding procedures – When required – Reverse auction – Exceptions. (a) Except as otherwise provided in this chapter, all purchases of supplies, materialsPurchase orders and equipment,agreements when the expenditures for which equal ortotal taxable amount, exclusive of freight and shipping cost, is estimated not to exceed one hundredfifteen thousand dollars ($ 10015,000.00), shall be awarded to) may be made without a competitive procurement method.
(b) Informal request for quotes shall be used for purchases of Products or General Services with a total taxable amount estimated to be greater than fifteen thousand dollars ($15,000) and up to and including two hundred fifty thousand dollars ($250,000). Award factors may be based on either the lowest responsible and responsive quote, or quote which offers the best value for the City, as specified in Section 2.105.160(b) and Section 2.105.160(c), respectively. (c) Formal request for proposals shall be used for purchases of General Services when the total taxable amount is estimated to be more than two hundred fifty thousand dollars
($250,000). Award factors shall be based on the proposal which offers the best value for the City, as specified in Section 2.105.160(c).
(d) Formal request for bids shall be used for purchase of Products when the total taxable amount is estimated to be greater than two hundred fifty thousand dollars ($250,000), or for General Services when the Purchasing Division Manager determines that it is appropriate bidder afterto do so. Award factor shall be based on lowest responsible and responsive bid as specified in Section 2.105.160(b).
2.105.150 Formal competitive bids or proposals; use of electronic media; reverse auctions. (a) Sealed bids or proposals shall be submitted to the purchasing division at the time and place specified in the procurement notice, pursuant to the procedures for . At the time and place prescribed in said notice, the bids shall be publicly open and declare the aggregate bid of each bidder. The Purchasing Division Manager shall examine the bids and prepare a written report and recommendation.
(b) The use of electronic media is authorized for the formal bidding set forth in this chaptercompetitive process, including without limi tation submission, opening and reporting of bids or proposals electronically, provided that such use shall be governed by the Procurement Guide as defined in this Chapter. The administrative procedure shall include measures as the Purchasing Division Manager deems appropriate for security of the competitive process, approval and award processes, and the accurate retrieval or conversion of electronic information into a medium which permits inspection and copying .
(b(c) When the Purchasing Division Manager finds it to be in the best interest of the City based on the circumstances of the particular procurement, the Purchasing Division Manager in his or her discretion may procure by reverse auction purchases of supplies, materials, and equipmentProducts requiring formal bidding, which goods are readily available in the marketplace, highly standardized, and can be supplied by a reasonable number of qualified competitors. “Reverse auction” means an Internet-based process that allows vendors to view each other’s pricing, but not their identity, allowing for more competitive pricing for the City.
2.105.160 Award of contracts.
(a) Award factors generally:
(1) The Purchasing Division Manager shall award the contract in accordance with the award factors and respective weights outli ned in the solicitati on. The award decision shall be documented and available for public inspection.
(b) Award factors for informal quotes and formal bids.
(1) Purchases for which informal quotes or formal bids are being used shall be awarded to the bidder who submits the lowest responsible and responsive quote or bid in accordance with this Section. The low quote or bidder shall be determined based on the lowest total cost to the City including, but not limited to:
(A) Purchase price;
(B) Trade discounts;
(C) Shipping costs;
(D) Life cycle costs;
(E) Operating efficiency; and
(F) Maintenance costs.
(c) FormalAward factors for informal quotes and formal request for proposals.
(1) Purchases for which informal quotes or formal requests for proposals are used shall be awarded to the bidder whose quote or proposal offers the best value for the City in accordance with the applicable provisions of this Chapter. In addition to the factors set forth in 2.107.170(b)(1), the best value quote or proposal shall be determined based on but not limited to:
(A) Quality;
(B) Capabilities, expertise, and experience of the bidder;
(C) Adherence to applicable Council policies; and
(D) Ability of the bidder to provide future maintenance, repair parts, and service;
(2) At the discretion of the Purchasing Division Manager, any one or more of the award factors set forth above may be excluded from a procurement if the factor or factors are not applicable or prohibited by law.
(d) If the Purchasing Division Manager determi nes that it is in the best interest of the City to issue a solicitation for the procurement of goods or services of indefinite quantities and/or with indefinite delivery dates that requires formal or informal bidding requirements shall not apply in any of , or the most advantageous quotes or proposals, the solicitation may allow for the award to multiple bidders in order of the lowest bids or best value. When multiple awards have been made under such circumstances, then at the time that actual purchases are made, the choice between or among the selected bidders shall be based on a consideration of factors, including but not limited to the following instances::
(1) Purchase of supplies, materials or equipment, the expenditure for which does not equal or exceed one hundred thousand dollars ($100,000.00);
(2) The purchase or acquisition of any supplies, materials or equipment from, or through an agreement with any public or governmental body pursuant to this chapter;
(3) The purchase of any supplies, materials or equipment that can be obtained from only one vendor or manufacturer pursuant to this chapter;
(4) The purchase of any supplies, materials or equipment deemed by the City Manager to be of urgent necessity for the preservation of life, health or property; and
(5) The purchase of supplies, materials or equipment where solicitation of bids would for any reason be an idle act, including the purchase of supplies, materials or equipment by the City Manager in an emergency or purchases made for ongoing City operations (which are identified in the approved requisition listing) pursuant to this chapter. (Ord. 1941 § 3, 6-16-15).
(A) Lowest total cost to the City;
(B) Availability;
(C) Quality; and
(D) Capabilities and/or expertise.
2.105.180 Formal bidding procedure –170 Notice inviting bids. (a) Notices for invitation to bid shall include: a general description of the items to be purchased; the place where the proposal form, specifications and other contract documents may be obtained; and the time and place where bids will be opened. Prequalification processes may substitute for notices for invitation to bid.
(b(a) The notice inviting bids shall be published in at least one or both of the following manners:
(1) In a newspaper of general circulation in the City, at least once, not less than ten days before the date set for opening bids; or
(2) As a posting on the City’s website or City designated website, on a webpage designated for such postings; or
(3) At City Hall for a period of not less than ten days before the date set for opening bids.
2.105.190 180 Bidders’ security.
All bids shall include suchThe Purchasing Division Manager may require, at his or her discretion, a bidders’ security as is required by the bid documents andthat shall be presented under sealed cover or other appropriate means. If the successful bidder fails to execute the contract within the time specified in the notice inviting bids or in the specifications referred to therein, the bidders’ security may be declared forfeited to the City by the Purchasing Division Manager or his/her designee may declare that the successful bidder has forfeited its bidders’ security to the City and any bonds so forfeited may be prosecuted and collected and the amount of the security paid into the general fund. Unsuccessful bidders shall be entitled to the return of their bidders’ security. The form and amount of such security shall be described in the notice inviting bids or in the specifications referred to therein. (Ord. 1941 § 3, 6-16-15).
2.105.200 190 Performance and payment bonds for contracts..
To secure faithful performance of the contract, the Purchasing Division Manager or his/her designee is authorized to require security in the form of cash, cashier’s check, certified checks, or corporate faithful performance and payment bonds, in such amount as he/she deems reasonably necessary to protect the best interests of the City. If the Purchasing Division Manager or his/her designee requires such security, the form and amount thereof shall be described in the notice inviting bids or in the specifications referred to therein.
2.105.210 Opening200 Rejection of bids.
Sealed bids shall be submitted to the City department or staff so designated in the notice inviting bids or specifications at the time specified in the notice inviting bids. At the time and place prescribed in the said notice, proposals.
The Purchasing Division Manager or his/her designee shall examine the bids and prepare and file a bid summary.
The use of electronic media is authorized for the formal bidding procedure, including without limitation submission, opening and reporting of bids electronically; provided, that such use shall be governed by an administrative procedure promulgated by the Purchasing Division Manager.
The administrative procedure shall include measures as appropriate for security of the bidding, approval and award processes and accurate retrieval or conversion of electronic information into a medium which permits inspection and copying.
2.105.220 Rejection of bids.
In his/her discretion, the Purchasing Division Manager or his/her designee may reject any or all bids presentedor proposals. If he/she rejects all bids or proposals are rejected, the Purchasing Division Manager or his/her designee may in his/her discretion re-advertise for new bids. If the Purchasing Division Manager or his/her designee finds and declares that the amount of the bids was excessive, he/she may have such supplies, materials or equipment purchased at a lower price without re-advertising for bids or notice the solicitation, or award without further complying with the provisions of this Chapter. if re-advertising is determined to be an idle act.
2.105.230 210 Tie bids.
If two or more bids received are for the same amount and are the lowest bids, the Purchasing Division Manager or his/her designee may select the winning bid inbidder at his/ or her discretion.
2.105.240 220 Procedure when no bids or proposals received.
If no bids or proposals are received, the Purchasing Division Manager or his/her designee, at his/her discretion, may re-advertise or may otherwise acquire in the open market such supplies, materials and equipment without further complying with the provisions of this Chapter. In the event that bids are received, but none of the bids meet specifications, this section shall apply as if no bids were received.
2.105.250 Low bidder determination – Criteria.
The lowest appropriate bidder shall be determined based on the lowest overall total cost to the City including, but not limited to:
(a) Trade discounts;
(b) Shipping costs, when included in the specifications;
(c) Life-cycle costs, when included in the specifications; and
(d) The amount of sales tax revenue to be received by the City as a result of the purchase, as applicable pursuant to City Council policy. (Ord. 1941 § 3, 6-16-15).
2.105.260 Local preference.Share
(a) Subject to the limitations contained in this section, the Purchasing Division Manager shall extend a bidding advantage to a local business in the form of a one percent price preference in the evaluation of bids or proposals for the procurement of supplies, materials, equipment and general services.
(b) The following contracts are exempt from the provisions of this section:
(1) Contracts funded in whole or in part from grants, donations or gifts to the City if the provisions of this section conflict with any special conditions attached to the grants, donations or gifts, provided the special conditions have been approved and accepted pursuant to the donations policy of the City;
(2) Emergency procurements;
(3) Single source procurements.
(c) “Local business” means a business with one or more fixed offices and/or locally taxed distribution points within the boundaries of the City and a current, valid City business license.
(d) After a hearing before the City Manager or his/her designee, should the City Manager or designee determine that a price preference was received under this section through an intentional misstatement, the recipient of any such price preference shall be subject to a civil penalty of treble the dollar price preference received or one thousand dollars ($1,000.00), whichever is greater. The decision of the City Manager or designee shall be final.
2.105.270 Award of contract.
(a) Where formal bidding is utilized, contracts shall be awarded to the lowest appropriate bidder meeting specifications, unless the City Council rejects all bids.
(b) The City Council 2.105.230 Bid or Proposal irregularities or informalities The Purchasing Division Manager shall have the right to waive any informalities or minor irregularities in bids or bidding. proposals.
2.105.280 Informal bidding.240 Protest Procedures
(a) Purchases of supplies, materials and equipment, which are not subject to the bidding requirements of this Code, may be made in the open market, without formal bidding.
(b) Purchases of supplies, materials and equipment that do not exceed fifteen thousand dollars ($15,000.00) may be made without price quotations, if such purchase is determined by the City Manager or his/her designee to be in the best interests of the City.
(c) Purchases of supplies, materials and equipment which exceed fifteen thousand dollars ($15,000.00) shall, whenever practicable, be based on at least three price quotations and shall be
awarded on the basis of the price quotation most advantageous to the City. Price quotations may be solicited by any reasonable means including, but not limited to, mail, telephone, fax, electronic mail or posting on the City’s or another public website for bids. Records of informal bidding purchases and price quotations shall be maintained for the designated retention period.
(d) The most advantageous price quotations to the City for an informal bidding purchase shall be based on consideration of:
(1) Quality and performance of the supplies, materials and equipment;
(2) Ability of the vendor to perform the transaction as specified in a timely manner;
(3) Vendor’s performance on prior purchase by the City or others;
(4) Capability of vendor to provide ongoing service and support; and
(5) Capacity and experience of the vendor.
(e) If an award in excess of fifteen thousand dollars ($15,000.00) is made to a vendor other than the vendor submitting the lowest price quotation, written reason for the award decision shall be prepared and will be kept as a part of the record of the transaction.
2.105.290 Purchases from public agencies.
The City Manager and/or his/her designee may, without prior City Council approval and without observing the bidding requirements prescribed by this chapter:
(a) Purchase or acquire any supplies, materials, equipment or power purchases from any public or governmental body or agency; or
(b) Contract with any public agency for the purchase or acquisition by such public agency for or on behalf of the City of any supplies, materials or equipment The Purchasing Division Manager shall, in the Procurement Guide, establish a process for reviewing and responding to award protests.
2.105.250 Procurements where competitive methods are not practicable.
The City is not required to engage in a competitive procurement under the following circumstances:
(1) Agreements for the purchase(a) Emergency purchases pursuant to Section 2.105.260 of supplies, materials or equipment directly from anotherthis Chapter. (b) Public agency; or purchases pursuant to Section 2.105.270 of this Chapter.
(2) Joint purchasing agreements entered into by the City and one or more public agency(ies) wherein the City is included as a potential purchaser under a formal bidding process engaged in pursuant to the joint agreement; or
(3) Direct purchases from vendors on terms obtained pursuant to formal bidding processes that name the City either specifically or categorically as a third party beneficiary of the bidding process or in the case where the vendor agrees to extend such participation to the City.
2.105.300(c) Single or Sole Source purchases pursuant to 2.105.280 of this Chapter. (d) Idle act pursuant to Section 2.105.290 of this Chapter.
2.105.260 Emergency purchases by City Manager.
(a) In the case of an emergency involving the threatening of lives, property or welfare of the people of the City or the property of the City, the City Manager and/or his/her designee may purchase supplies, materials or equipment without formal bidding, as formal bids would be an “idle act” in such an emergency and may contract for General Services which the City Manager and/or his/her designee deems necessary for the purpose of meeting such emergency. (b) For the purpose of meeting such emergency, the City Manager and/or his/her designee may expend unencumbered moneys in any City reserve fund, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise unavailable therefor. (c) The City Manager and/or his/her designee shall provide a post-emergency report to the City Council on the use of any reserve amounts expended for the above purposes.
2.105.310 Open purchase orders – Blanket purchase agreements. (a) Use. Open purchase orders or blanket purchase agreements may be used as a means of procuring supplies, materials or equipment when the amount or nature of the specific items cannot be determined before they are needed, or where it is necessary that the place from which the items are purchased is strategically located.
(b) Amount of Open Purchase Order. Open purchase orders or blanket purchase agreements shall be established for the full estimated annual amount to be expended with the vendor by the individual City department for which the open purchase order is established or by the Purchasing Division Manager for a City-wide blanket purchase agreement. An open purchase order may remain valid for a period up to but not to exceed twelve (12) calendar months from the date of issue.
(c) Maximum Purchase Limit. The maximum purchase limit of a single open purchase order or blanket purchase agreement shall not exceed one hundred thousand dollars ($100,000.00) unless a formal bidding or reverse auction has taken place.
(d) Formal Bidding Not Required. Informal bidding should be utilized where practicable for open purchase orders or blanket purchase agreements of more than fifteen thousand dollars ($15,000.00) but less than one hundred thousand dollars ($100,000.00).
(e) Additional Factors in Awards. Because open purchase orders or blanket purchase agreements are established in order to obtain the most cost-effective purchasing arrangements for the City, the following factors may be considered in addition to the factors set forth in other provisions of
this chapter in determining price quotation to the City:
(1) Completeness of inventory;
(2) Quality of past service;
(3) Most favorable price discounts; and
(4) History of most competitive pricing.
2.105.320 General services – Definition.
“General services” means any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following:
(a) Maintenance of City buildings, structures or improvements, which does not require engineering plans, specifications or design, such as replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, utility systems maintenance, elevator maintenance, custodial services and pest control. Work to be performed on City property shall require a service contract;
(b) Repair, modification and maintenance of City equipment and software;
(c) Cleaning, analysis, testing, moving, removal or disposal (otherwise than by sale) of City materials, supplies and equipment;
(d) Replanting, care, or maintenance of public grounds, including, but not limited to, trees, shrubbery, flowers and lawns, which does not require engineering plans, specifications or designs;
(e) Provision of temporary personnel services;
(f) Provision of other miscellaneous services to facilitate department operations; and
(g) Repair, demolition or other work required to abate nuisances pursuant to this Code.
“General services” shall not include contracts to be performed exclusively on property not owned, operated or maintained by City and valued at less than five thousand dollars ($5,000.00).
Work to be performed that falls into this category may be secured with another method of payment approval, such as a purchase order, a purchase card, or a petty cash reimbursement, based upon City policies as amended from time to time.
“General services” shall not include work performed by City employees, public agencies, or pursuant to collective bargaining agreements.
2.105.330 General services – Contracting procedures.
(a) Formal competitive proposals: at least three written competitive proposals shall be required for the following, except as provided in subsection (e) of this section:
(1) Utility department (i.e., Electric, Water and Sewer) general service contracts with a payment amount exceeding one hundred fifty thousand dollars ($150,000.00); and
(2) All other department general service contracts with a payment amount exceeding fifty thousand dollars ($50,000.00).
(b) Informal competitive proposals: at least three proposals shall be required for all other general service contracts, except as provided in subsection (e) of this section. Informal competitive proposals may be solicited by any means available. A record of solicitations and proposals shall be maintained as part of the record of the transaction.
(c) Contracts for general services shall be awarded on the basis of the most advantageous proposal to the City. In determining the most advantageous proposal, the following factors shall be considered:
(1) Cost to the City;
(2) Quality of the proposal;
(3) Capabilities and expertise of the contractor or service provider; and
(4) Adherence to applicable City policies and directives.
For service contracts exceeding fifty thousand dollars ($50,000.00) that are not awarded to the lowest bidder, documentation for the award decision shall be maintained as part of the record of the transaction.
(d) Contracts for general services valued at five thousand dollars ($5,000.00) or more require written agreements prior to the work being performed.
(e) Exceptions.
(1) Regardless of contract value, competitive proposals are encouraged but not required for contracts for specialized services from licensed professionals;
(2) 2.105.270 Purchases from other public agencies or through the utilization of Competitive bid processes of other public agencies.
The City, through the City Manager and/or the Purchasing Division Manager, may, without observing the competitive procurement requirements prescribed by this Chapter acquire Products or General Services as follows:
(a) Contract directly with any public agency for Products or General Services;
(b) Contract, directly or indirectly, with a vendor based on an agreement negotiated by a joint powers agency, or non-profit organization that provide resources to public agencies and which the City is a member;
(c) Contract, either directly or indirectly, with a vendor under a contract awarded using pre- established cooperative purchasing agreements, when such agreements resulted from a competitive bid process that meets or exceeds the competitive bidding process of the City, as determined by the Purchasing Division Manager; or
(d) Contract directly with a vendor at a price and on terms obtained through a competitive bidding process of another public agency, even if the City has not joined with the public agency in such competitive process or purchase. Any such competitive process shall meet or exceed the competitive bidding process of the City, as determined by the Purchasing Division Manager.
For the purpose of this section, the term “public agency” shall also include, without limitation, any nonprofit organization made up of at least one or more public agencies, which nonprofit organization has been approved by the Purchasing Division Manager for the conduct of competitive procurements.
2.105.280 Single and sole source contracts, where the service or personnelprocurements. (a) Except as provided in subsection (b) of this section, no specifications for the procurement of Products or General Services shall be written in a manner that limits the purchase to a single manufacturer or brand name product. A specification may reference a brand name if it is followed by the words “or equal” under circumstances where it is reasonably possible for equivalency to be demonstrated.
(b) A procurement shall be exempted from the requirements of subsection (a) of this section if the Purchasing Division Manager has determined that a particular Product or General Service may be specifically designated by reason of one or more of the following purposes:
(1) To acquire a specific product or performance for the purpose of conducting a field test or experiment to determine the product’s suitability for use; (2) When required to ensure operation or function to match other products with respect to the repair, expansion or completion of a system, existing structure or program currently in use by the City, including but not limited to, utility and technology purchases required to achieve interoperability with existing systems or programs; (3) When the purchase of an item is only available from one source (sole source); (4) When a service is considered unique or the available contractors providing the service are few in number;unusual such that requirements for competitive procurement are contrary to public interest; and
(3) Where the services are provided by a contractor included on a prequalified list.
(f(5) In order to make an emergency purchase pursuant to this chapter. (c) Nothing in this section shall prohibit the inclusion in specifications of an industry standard with regard to performance that can be met by more than one product or manufacturer. (d) Purchases of General Services or Products shall not be segregated or conducted in any manner for the purpose of avoiding the requirements of this section. (e) The CityPurchasing Division Manager or designee mayshall establish written administrative procedures and guidelines to carry out the provisions of this section.
2.105.340290 Idle act.
Idle act shall mean that a competitive procurement process would not be useful or produce any advantage for the City. Idle acts include but are not limited to the following situations where:
(1) Specifications cannot be drawn in a way that would enable more than one bidder to meet them.
(2) It is impossible, as a practical matter, to obtain Products or General serviceServices required and observe the competitive procurement requirements. (3) Due to circumstances beyond the control of the City, the time necessary to use the competitive procurement procedure would result in substantial economic loss to the City or substantial interference with a critical City operation.
2.105.300 Purchase orders and contracts– Signature authority.
Pursuant to Section 400 of the City Charter, authority to execute contracts with third parties for servicesGeneral Services and Products provided to the City shall be granted to certain City officials as follows:
(a) The City Manager, or his/her designee, is authorized to execute purchase general services required by the City orders and to execute contracts for such servicesagreements on behalf of the City in amounts up to and including onetwo hundred fifty thousand dollars ($150250,000.00) per electric, water and sewer service contracts, and one hundred thousand dollars ($100,000.00) per all other service contracts, subject to approved budgetary amounts.). Contracts with a value above these dollar limits shall be referred torequire approval by the City Council. To determine the City Council for approval.Manager’s signature authority threshold, the estimated total taxable amount over a five-year period, inclusive of any option years, shall be used. (b) The City Manager is authorized to delegate all or a portion of thesuch authority to execute such service contracts to specified City employees at his/her discretion. Such delegation of authority shall be made in writing and filed with the City Clerk. (c) Such service contracts are subject to the final review and approval of The City Attorney for form and content.
(d) The maximum amount of the value of the service contracts which the City Manager, or his/her designee, is authorized to execute shall be adjusted as neededapprove the form of all contracts made by resolution of the City Council. .
(d) A contract in the form of a Purchase Order signed only by the City may be issued by the Finance Director who may delegate such authority to the Purchasing Division Manager at his/her discretion.
2.105.350 310 Surplus personal property.
The purpose of this section is to maximize for the City the benefits of the prompt and efficient sale, auction or disposal of the City’s surplus personal property pursuant to Charter Section 1318, as follows:
(a) All City departments shall submit to the Purchasing Division Manager or designee at such times and on such forms as the City Manager shall prescribe, reports showing all personal property that is no longer used, that has become obsolete or worn out, or that has been acquired by the City as unclaimed property.
(b) The Purchasing Division Manager or designee is hereby delegated and shall have the authority to dispose of all surplus personal property that cannot be used by any City department or that has become unsuitable for City use
when such property is valued (per unit or item) at the
following amounts:as follows:
(1)(1) When the estimated value is two thousand five hundred Dollars ($2,500.00) or less:, by any method as determined by the Purchasing Division Manager or his/her designee. (2) BetweenWhen the estimated value is greater than two thousand five hundred dollars and one cent ($2,500.01) and ten thousand dollars ($10,000.00):), at a virtual or physical auction conducted by posting notice of the intended salean independent third-party auction house that is under contract for at least five working days preceding the date of the sale.
(3) Ten thousand dollars and one cent ($10,000.01) and above: this purpose, or by posting notice of the sale for at least five working days and publishing notice of the sale in a newspaper of general circulation at least once and at least one week preceding the date of sale. The published notice will generally describe the personal property subject to disposal and designate the time and place of the sale or auction.
The notice (posted and published) will advise prospective purchasers that a complete list and description of personal property to be disposed of is posted or available atthe item(s) on the City’s website or City designated location(s). The Purchasing Division Manager or his/her designee will generally follow the informal purchase bid procedures provided herein, with respect to receipt of written bids and the resolution of tie bids.website designated for such postings.
(c) The Purchasing Division Manager or his/her designee may from time to time conduct public auction(s) in lieu of the written bid procedure or utilize an online government auction service, if the public auction procedure is determined to provide the greater or more efficient market
exposure for sales.
(d) The Purchasing Division Manager or his/her designee shall have the authority to exchange surplus personal property for, or trade in the same on new supplies, materials and equipment,personal property without publishing a notice of intent to do so. (e) No City employeeemployees may bid upon or purchase any item for sale, except as follows:
(1) The Chief of Police may, without City Council approval, determine the disposition of a police service dog by means of sale of the police service dog to its assigned handler. (2) The Chief of Police may, without City Council approval, determine the disposition of a police service firearm, as defined in Penal Code Section 16520, by sale of the firearm in an amount equal to its depreciated value, to a sworn officer who is eligible for a retirement identification card endorsed for carrying a concealed firearm, in accordance with all applicable State and Federal laws.
(3) City employees, except for Finance Department employees or any other employee with administrative access to bidding software, may without City Council approval bid upon any item up for public auction.
(f) If State or Federal law, or public safety concerns, renders inappropriate the disposition of an item of surplus property in the manner set forth in this section, such item may be disposed of as required by law, or by any other method deemed appropriate by the Purchasing Division Manager or his/her designee, regardless of the value of the item.
2.105.
360 Green320 Climate friendly purchasing.
Whenever economically feasible, The City’s Sustainable Purchasing Policy should be followed to the extent possible. In particular, City willstaff should strive to (a) purchase products that minimizeminimizes environmental impacts, toxins, pollution, and hazards to workers and the community to the greatest extent practicable and (b), purchase products that includewith recycled content, are durable and long-lasting, conserve energy and water, reduce greenhouse gas emissions, use unbleached or chlorine-free manufacturing processes, are lead-free and mercury -free, and use wood from sustainablysustainable harvested forests. (Ord. 1941 § 3, 6-16-15).