The South Lake Tahoe City Code is current through Ordinance 1163, passed August 9May 3, 2022.
Chapter 3.45
PURCHASING
Sections:
Article I. Purchasing of Materials, Supplies, Equipment, and Nonpublic Projects
3.45.020 Formal competitive bidding.
3.45.030 Informal bidding.
3.45.040 Control procedures.
3.45.050 Bifurcation of purchases.
3.45.060 Sole source purchases.
3.45.070 Emergency purchases.
3.45.080 Environmentally preferable products.
3.45.090 Cooperative purchasing.
3.45.095 Valid business and professions tax certificate.
Article II. Public Contracts and the Uniform Public Construction Cost Accounting Act
3.45.100 Requirements for public projects.
3.45.110 Director of public works authority.
3.45.120 Formal competitive bidding.
3.45.130 Informal bidding.
3.45.140 Waiver of irregularities and rejection of bids.
3.45.150 Lowest responsible bidder.
3.45.160 Prohibition against splitting projects.
3.45.170 Change orders.
3.45.180 Emergencies.
Article III. Expenditure of City Funds
3.45.190 Award of contracts by city council.
3.45.200 Procurement methods.
3.45.210 Blanket purchase orders.
Article I. Purchasing of Materials, Supplies, Equipment, and Nonpublic Projects
3.45.020 Formal competitive bidding.
Where the cost of materials, supplies, equipment and services for nonpublic projects equals or exceeds a sum set forth by separate resolution of the city council, the city manager shall require that a formal competitive bidding process be used by advertising on PlanetBids or another medium of similar scope and circulation. Where the cost of materials, supplies, equipment and services for nonpublic projects is less than the sum set forth by separate resolution of the city council, the city may select a contractor, supplier or provider without using a formal competitive bidding process. The city manager shall implement procedures for formal competitive bidding. Such procedures shall include the following guidelines:
A. Invitations to Bid, RFPs, and RFQs. Invitations to bid, requests for proposals (RFP) and requests for qualifications (RFQ) shall include specifications that describe the material, supplies, equipment and services for nonpublic projects with sufficient particularity to allow for competitive bidding and evaluation. The specifications shall also describe the functions and performance that are required.
B. Bid Opening. A bid opening will occur at a time and place noticed in the invitation to bid, RFP or RFQ.
C. Award of Contracts. Contracts for materials, supplies, equipment and services for nonpublic projects shall be awarded to the lowest qualified responsible bidder with the following exception: Where a contract is for professional 881
South Lake Tahoe City Code
Chapter 3.45 PURCHASING
The South Lake Tahoe City Code is current through Ordinance 1163, passed August 9May 3, 2022. services, the city is authorized to award contracts based solely upon evaluation of the qualifications held by responsible bidders.
D. Waiver of Defects and Technicalities. The city may waive defects and technicalities when to do so would be in the best interests of the city.
E. Bid Protests.
1. A nonselected bidder may protest award of an Invitation to Bid contract by submitting a written bid protest which shall be received by the city clerk no later than seven calendar days after the city’s selection of the winning bidder or no later than 10 calendar days from the date that the city issues notice of designation of a bidder as nonresponsible. A nonselected proposer may not protest the award of a Professional Service or Concessionaire Agreement.
2. The bid protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights.
3. Where award of the contract is to be made by the city council, the city clerk shall place a discussion of the bid protest on the next regularly scheduled council meeting agenda and the city council shall determine whether, based on the protest, to award the contract to the selected bidder, to reject all bids, or to award the contract to the next lowest responsible bidder.
F. Local Business Preference. The city shall apply a five percent discount to all local businesses which submit bids for materials, supplies, equipment and services for nonpublic projects. The city shall evaluate the local businesses’ bids as though the bid had been submitted at a cost of five percent lower than the cost submitted.
G. Bidder’s Security. When deemed necessary, bidders’ security may be prescribed in invitations to bid, RFPs, and RFQs. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within 10 days after receipt of the contract. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-1)
3.45.030 Informal bidding.
Where the cost of materials, supplies, equipment and services for nonpublic projects is less than a sum set forth by separate resolution of the city council, the city manager shall require that an informal bidding process be used. The city manager shall implement procedures for informal bidding. Such procedures shall include the following guidelines:
A. The city manager or his or her designee shall obtain three quotes for the materials, supplies, equipment or services for nonpublic projects; documentation of said quotes shall be submitted to the finance department.
B. Though the quotes need not be submitted to the city in writing, for each quote received, the city manager or his or her designee shall document the quote in writing.
C. The city manager or his or her designee shall select the lowest responsible quote,. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-2) with the following exception: where a contract is for professional services, the city is authorized to award contracts based solely upon evaluation of the qualifications held by responsible bidders.
3.45.040 Control procedures.
The city manager shall institute procedures for the execution of contracts and purchase orders as required herein.
The city attorney shall approve the form and legality of all written agreements prior to the execution thereof. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-3)
3.45.050 Bifurcation of purchases.
No acquisition of materials, supplies, equipment or services from a single vendor, provider or contractor shall be accomplished by the issuance of several purchase orders or contracts for portions thereof. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-4)
882
South Lake Tahoe City Code
Chapter 3.45 PURCHASING
The South Lake Tahoe City Code is current through Ordinance 1163, passed August 9May 3, 2022.
3.45.060 Sole source purchases.
Where an acquisition would otherwise be subject to formal competitive bidding, the acquisition of materials, supplies, equipment or services from a sole source may be permitted only where the requesting department submits to the finance department and the city attorney’s office an explanation as to why a sole source is necessary and in the best interest of the city. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-5)
3.45.070 Emergency purchases.
Whenever the procedures set forth in this chapter would result in hazardous delays, loss to the city, or damage to life, health or convenience of citizens, the city manager or his/her designee may purchase materials, supplies, equipment or services. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-6)
3.45.080 Environmentally preferable products.
The city desires to purchase environmentally preferable products that minimize environmental impacts, reduce waste by increasing product efficiency, contain recycled content, and contain U.S. Environmental Protection Agency Energy Star-certified materials whenever economically feasible. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A).
Code 1997 § 22-7)
3.45.090 Cooperative purchasing.
Where another governmental agency performs a solicitation and/or bid process for the city and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies and equipment is based on an agreement or cooperative purchasing program pursuant to authority granted by statute or ordinance, pursuant to contractual arrangement between the city and said governmental agency, or pursuant to a determination by the city manager that the governmental agency conducted a competitive bidding process, the city may purchase materials, supplies and equipment based upon the governmental agency’s solicitation and/or bid process without complying with the bidding requirements of this chapter. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-8)
3.45.095 Valid business and professions tax certificate.1 The city shall not render payment to any vendor or professional services provider where such vendor or provider does not possess a valid South Lake Tahoe business and professions tax certificate. (Ord. 1109 § 1 (Exh. A)) Article II. Public Contracts and the Uniform Public Construction Cost Accounting Act
3.45.100 Requirements for public projects.
Awarding contracts for public projects shall be in accordance with the Uniform Public Construction Cost Accounting Act (the “Act”) (Public Contract Code Section 22000 et seq. or any successor provision thereto) for all public projects except those in which grant funds require alternate bidding procedures. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-20)
3.45.110 Director of public works authority.
A. Public project contracts of $60,00045,000 or less may be executed by the director of public works or his or her designee by force account, negotiated contract, or purchase order. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.
B. Public project contracts of $200175,000 or less may be executed by the director of public works or his or her designee in accordance with the provisions of this article. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-21) This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.
3.45.120 Formal competitive bidding.
Public projects of greater than $200175,000 shall be bid in accordance with the procedures set forth in Public Contract Code Section 22037 et seq. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-22) This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.
883
South Lake Tahoe City Code
Chapter 3.45 PURCHASING
The South Lake Tahoe City Code is current through Ordinance 1163, passed August 9May 3, 2022.
3.45.130 Informal bidding.
A. Monetary Limit. Public contracts of $200175,000 or less may be let to contract by informal procedures as set forth in this section. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.
B. Contractors List. The city shall maintain a contractors list and contractors shall be selected to perform public projects in accordance with the provisions of Public Contract Code Section 22034.
C. Notice Inviting Informal Bids. Not less than 10 calendar days before bids are due, the city will mail notices inviting informal bids to all contractors on the contractors list and/or all trade journals specified in Public Contract Code Section 22034(b).
a. If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission. b. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. c. The notice inviting informal bids shall include specifications that describe the public project with sufficient particularity to allow for competitive bidding and evaluation. The specifications shall also describe the functions and performance that are required. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-23)
3.45.140 Waiver of irregularities and rejection of bids.
A. At its discretion, the city may waive any irregularity in any bid received and award the contract.
B. At its discretion, the city may reject all bids presented and may readvertise the project.
C. At its discretion, the city may abandon the project. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-24)
3.45.150 Lowest responsible bidder.
Contracts for public projects shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses. In determining the lowest responsible bidder, the following factors may be considered in addition to price:
A. The ability, capacity and skill of the bidder to perform the contract or provide the service required; B. The character, integrity, reputation, judgment, experience, efficiency and performance demonstrated in previous contracts or services for the city;
C. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services; D. The ability of the bidder to provide future maintenance for service for the public project. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-25)
3.45.160 Prohibition against splitting projects.
It shall be unlawful to split or separate any public project into smaller work orders or projects for the purpose of circumventing or evading the requirements of the Act. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-26)
3.45.170 Change orders.
The director of public works is delegated authority to approve, without seeking new bids, contract change orders to public projects up to the combined amounts authorized in this chapter so long as the combined amounts are within the approved project budget. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-27) 884
South Lake Tahoe City Code
Chapter 3.45 PURCHASING
The South Lake Tahoe City Code is current through Ordinance 1163, passed August 9May 3, 2022.
3.45.180 Emergencies.
In cases of emergency, when repair or replacements are necessary, the governing body may proceed to replace or repair any public facility by complying with Public Contract Code Section 22050. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-28)
Article III. Expenditure of City Funds
3.45.190 Award of contracts by city council.
All contracts for supplies and services involving an expenditure beyond the spending limit authority of a department or employee shall be awarded by the city council. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-30)
3.45.200 Procurement methods.
Expenditure of city funds for all materials, supplies, equipment and services (for both public projects and nonpublic projects) shall be made using the following methods:
A. City-issued CalCards, or other approved credit cards, shall be used for purchases of materials, supplies, and equipment of a monetary amount set forth by separate resolution of the city council. Where city-issued CalCards are not accepted, invoices accompanied by a city purchase order may be used for purchases of materials, supplies, and equipment equal to this amount.
B. Invoices (submitted to the city’s accounts payable division) shall be used for purchases of materials, supplies and equipment of a monetary amount set forth by separate resolution of the city council.
C. Invoices accompanied by a city purchase order signed by a city employee possessing the authority to approve such a purchase order shall be used for all services of a monetary amount set forth by separate resolution of the city council.
D. Written contracts shall be used for all materials, supplies, equipment, and services of a monetary amount set forth by separate resolution of the city council. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-31)
3.45.210 Blanket purchase orders.
Blanket purchase orders may be issued when a department or employee has budget authority to incur such expenses.
The blanket purchase order shall serve as authority to make purchases within the established monetary limits. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-32) 1 Code reviser’s note: Ord. 1109 adds the provisions of this section as Section 3.45.100. The section has been editorially renumbered to avoid duplication of numbering.
885
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 27
Agenda Item: Agenda Planning Calendar
Executive Summary:
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member: Joseph Irvin, City Manager
Responsible Staff Member:
Reviewed and Approved By:
Attachments:
APC - 08 04 2022.pdf
886
2022 Agenda Planning Calendar (Updated 08 04 2022)
Agenda Item Agenda Section
Aug. 23, 9 Budget Workshop
Pub Works Formal CIP Presentation for Adoption UB
Contract to Herback for Tahoe Valley & Greenbelt Project and accept Grant Consent Sept. 6, 9 a.m. City Manager TRPA Presentation on Regional Planning and VMT Plan City Clerk City Council Protocols (Travel Rembursements CB/TW 6/7/2022 Dev Services CDBG CV-1 Subrecipient Agreement Amendment NB City/CTC land exchange
Sugar Pine Village SuperNofa Resolution consent
Finance Financial Policy Update -Donations Consent
Financial Policy Update - Investment Policy Consent
Quarterly budget report Consent
Quarterly investment report Consent
Parks & Rec Parks Foundation MOU
Police OTS Traffic Enforcement Grant
Pub Works Authorization for Grant Submittal for Safe Streets and Roads for All (SS4A) NB Department
887
2022 Agenda Planning Calendar (Updated 08 04 2022)
Pilot Traffic Calming Projects for Lakeview (Al Tahoe) & High Woods Neighborhood NB PSA Right of Way Support Services Pioneer Trail Ped Imp Project Phase II Consent Broadband Presentation UB
Award of Contract for AnnualSnow Operations Consent
Adoption of Dark Sky Standard UB
Award of Contract for Custodial Services Consent
Facility Assessment Award Consent
State Water Resources Control Board Proposition 1 Grant Funding Consent Title VI Plan Adoption
Johnson Blvd Underground Utility District Boundary NB
Professional Services Agreement for Barton Ave & 2nd Street Drainage Project Consent Award of Professional Services Agreement for Pioneer Trail Project Consent Sept. 20, 5:30 Pub Works Rec Center Award - Phase II
Bijou Creek Park Project Update UB
Professional Services Agreement for Pavement Management Program Update Consent Fire LHMP Adoption
Oct. 4, 9 a.m. City Clerk Conflict of Interest Code Update 888
2022 Agenda Planning Calendar (Updated 08 04 2022)
Approval of Solicitation for Applications to Boards & Commissions Ordinance Increasing City Council Compensation (First Reading) City Manager SW Gas Prestentation Renewable Energy Goals Presentation Tesla Contract
Dev Services California Building Code - Local Code Adoption TCAP Amendment – Montreal
Finance GANN Limit Consent
Budget Carry-Forward
Pub Works Airport Rate Study Presentation NB
Police Discussion on Potential Gun Safety Measures NB
Nov. 1, 9 a.m. City Clerk Ordinance Increasing City Council Compensation (Second Reading) Resolution Increasing City Treasurer Compensation
Public Works Broadband Master Plan Adoption
Nov. 15, 5:30 City Manager Juvenile Treatment Center Discussion PD/CM/PR/DS Commission Annual Reports
Dec.13, 9 a.m. City Clerk Resolution Certification of Election Results 889
2022 Agenda Planning Calendar (Updated 08 04 2022)
City Council Re-Organization
Oath of Office
2023 Meeting Schedule
City Council Assignments to Boards and Commissions Discussion League - New Mayors and Council Members Attendance
City Employee Recognitions
California Tahoe Conservancy Proposition 1 Grant Funding ($550,000) Consent Grant Funding for the Tahoe Valley Stormwater & Greenbelt Project move to Dec. Consent City Attorney Parking Garage License Agreement with Verizon City Attny/PW Undergrounding Utilities
Amendments to Small Cell Policy
Liberty Utilities Franchise Agreement
City Clerk Records Management Policy (Updated)
Policy - Use of Personal Devices for City Business
City Manager Potential new City slogan
Unscheduled/Pending
Pub Works
890
2022 Agenda Planning Calendar (Updated 08 04 2022)
Customer satisfaction survey(s)
Dev Services Inclusionary housing ordinance
Plan Area Statement Update for Tourist Accommodation Uses PLHA Moderate Income Homebuyer Administration PSA
Tourist Core Area Plan Amendment: 3828 Montreal Rd
RFP for consulting firms for Bijou / Al Tahoe Area Plan and Bijou Parks Master Plan Plan Area Statement 111 amendment
Single Room Occupancy Program Amendments
Outside Eating Code Review (coverage, seating, parking etc) Fire Weed abatement/nusance Program - Defensable Space
Fire Marshal
Parks & Rec Bijou Park Master Plan
Bijou Golf Course "Rock the Lake" Event and Review
Public Works Award Engineering and Construction Contract South Hangar Taxi Lane Rehab Award Contract PD - Community Recource Center Renovations SEED Solar Photovoltaic Project PPA
891
2022 Agenda Planning Calendar (Updated 08 04 2022)
Award - James and Eloise Drainage Improvement Project Phase 1 Airport Deferred Maintenance Plan
892