Chapter 2.36
PURCHASING
Sections:
2.36.010 Adoption of a purchasing system.
2.36.020 Purchasing Agent designated.
2.36.030 Purchases by City Council-Competitive bidding.
2.36.040 Purchasing award—Factors to be considered.
2.36.050 Exceptions to competitive bidding requirements.
2.36.060 Purchases of less than twenty thousand dollars ($20,000)—Procedure.
2.36.070 Purchase orders.
2.36.080 Availability of sufficient funds.
2.36.090 Inspection and review.
2.36.100 Surplus supplies and equipment.
2.36.110 Splitting orders prohibited.
2.36.120 Exceptions—Public projects.
2.36.130 Exceptions—Contracting for emergency cleanup of hazardous materials.
2.36.010 Adoption of a purchasing system.
A purchasing system is adopted in order to establish efficient procedures for the purchase of supplies, services and equipment to secure for the city supplies, services and equipment at the lowest possible cost commensurate with the level of quality required, to exercise financial control over purchases, and to clearly define authority for the purchasing function. (Ord. 16-83 § 1)
2.36.020 Purchasing Agent designated.
The City Manager is designated as Purchasing Agent. The City Manager may delegate all or a portion of the purchasing duties to any city staff member. The Purchasing Agent shall have the authority to:
A. Purchase or contract for supplies, services and equipment required by the city, in accordance with purchasing procedures outlined in this chapter;
B. Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment;
C. Act to procure for the city the necessary quality in supplies, services, and equipment at the lowest cost to the city;
D. Prepare and recommend to the City Council revisions and amendments to the purchasing rules;
E. Establish and maintain such forms as reasonably necessary to the operation of purchasing guidelines;
F. Supervise the inspection of all supplies, services, and equipment purchased to insure conformance with specifications;
G. Recommend the sale or disposal of all supplies and equipment which cannot be used by the city, or which have become unsuitable for city use;
H. Maintain a bidder’s list and other records necessary for the efficient acquisition of goods and services. (Ord. 16-83 § 2)
2.36.030 Purchases by City Council—Competitive bidding.
When the amount or value involved is at least twenty thousand dollars ($20,000), the purchase or disposal shall be made by the City Council through competitive bid as outlined below. Bids should be obtained from one or more vendors located within the city of Dublin whenever possible.
A. Notice inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond and faithful performance bond will be required.
B. Notice inviting bids shall be posted in at least three (3) public places in the city that have been designated by ordinance as the place for posting public notices, at least ten (10) days before the date of opening the bids.
C. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder’s list and may advertise the notice inviting bids in applicable publications and websites readily accessible to the public.
D. When deemed necessary by the Purchasing Agent or City Council, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent or City Council. A successful bidder (and his surety, if a bond is furnished) shall be liable for any damages upon the bidder’s failure to enter into a contract with the city or upon the bidder’s failure to perform in accordance with the tenor of his bid.
E. When deemed necessary by the Purchasing Agent or City Council, any person or entity entering into a contract with the city may be required to furnish a faithful performance deposit or bond in an amount determined by the Purchasing Agent or Council.
F. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
G. At its discretion, the City Council may reject all bids presented and readvertise for bids.
H. Contracts shall be awarded by the City Council to the lowest responsible bidder, except as otherwise provided herein.
I. If two or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent at the time of the bid opening. (Ord. 4-00 § 1; Ord. 16-83 § 3)
2.36.040 Purchasing award—Factors to be considered.
Purchases shall be awarded after consideration of the following factors:
A. The amount of bid price;
B. The ability, capacity and skill of the bidder to perform the contract or provide the service required;
C. The ability of the bidder to perform the contract or provide the service promptly, or within the time specified, without delay or interference;
D. The reputation and experience of the bidder;
E. The previous experience of the city with the bidder;
F. The previous and existing compliance by the bidder with the laws and ordinances;
G. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
H. The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
I. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
J. The number and scope of conditions attached to the bid;
K. The purchase of products, whenever feasible, containing the highest amount of postconsumer and recovered materials practicable. In all cases, these products must meet reasonable performance standards, and be readily available at a competitive price. In addition, all equipment bought, leased or rented shall, wherever feasible, be compatible with the use of recycled products purchased by the city. (Ord. 4-00 § 2; Ord. 16-83 § 4)
2.36.050 Exceptions to competitive bidding requirements.
A. The provisions of this chapter requiring competitive bidding shall not apply to the following:
1. Contracts involving the acquisition of professional or specialized services, such as, but not limited to, services rendered by architects, attorneys, engineers, and other specialized consultants;
2. Where the city’s requirements can be met solely by a single patented article or process;
3. To situations where no bids have been received following bid announcements under other provisions of this chapter;
4. When the amount involved is less than one thousand dollars ($1,000);
5. When an emergency requires that an order be placed with the nearest source of supply;
6. When a purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, the Purchasing Agent shall undertake a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the least cost;
7. For janitorial services for city buildings and facilities;
8. For maintenance and repair of buildings and facilities;
9. For maintenance and repair of public streets, including street sweeping;
10. When another public agency has administered a competitive bidding process within the past two years for the same or substantially similar supplies, services or equipment;
11. When the City Council specifically waives the competitive bid process and authorizes staff to negotiate the purchase of vehicles by a four-fifths vote.
B. When the procurement falls into any of the categories listed above, the Purchasing Agent may authorize contracts made by negotiation; provided, that the amount does not exceed twenty thousand dollars ($20,000). When the amount exceeds twenty thousand dollars ($20,000), the action must be authorized by the City Council.
C. Any request for an exception under this section shall include the nature of the contract, amount of the contract, and the reasons why competitive bidding is not feasible. (Ord. 4-00 § 3; Ord. 21-97 § 1; Ord. 5-91 § 1: Ord. 16-83 § 5)
2.36.060 Purchases of less than twenty thousand dollars ($20,000)—Procedure.
Where the amount or value involved is more than one thousand dollars ($1,000), but less than twenty thousand dollars ($20,000), the purchase or disposal may be made by the Purchasing Agent, without written bid, and by informal price checking through telephone or mail inquiry, comparison of prices on file or otherwise. Every attempt shall be made to receive at least three (3) price quotations. At the discretion of the Purchasing Agent, the acquisition of goods and services where the value is at least one thousand dollars ($1,000) but less than twenty thousand dollars ($20,000), the formal competitive bid process may be used. (Ord. 4-00 § 4: Ord. 16-83 § 6)
2.36.070 Purchase orders.
All purchases shall be documented by a purchase order prepared by the Purchasing Agent. The original copy shall be directed to the vendor and one (1) copy shall be retained for the purchase order file. The final copy shall be directed to the department for whose benefit the purchase is being made to be used as a receiving report. (Ord. 16-83 § 7)
2.36.080 Availability of sufficient funds.
No purchase order shall be issued until it has been ascertained that there is to the credit of the department of the city for whose benefit such purchase is to be made, a sufficient unappropriated balance in excess of all unpaid obligations to defray the amount of such order. (Ord. 16-83 § 8)
2.36.090 Inspection and review.
The Purchasing Agent shall require the inspection of supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications and requirements set forth in the order or contract. (Ord. 16-83 § 9)
2.36.100 Surplus supplies and equipment.
At such times as determined by the Purchasing Agent, reports shall be prepared showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Agent shall have the authority to sell, trade or exchange all said supplies and equipment. Such sales will be made pursuant to Section 2.36.030 or Section 2.36.060 of this chapter, whichever is applicable. (Ord. 16-83 § 10)
2.36.110 Splitting orders prohibited.
It is unlawful to split or separate into smaller orders the purchase of supplies, materials, equipment or services for the purpose of evading the competitive bidding provisions of this chapter. (Ord. 16-83 § 11)
2.36.120 Exceptions—Public projects.
This chapter is expressly made inapplicable to bids for public projects as defined by Public Contracts Code Section 20161 and where the expenditure required for the public project exceeds the limit set by Public Contracts Code Section 20162. The provisions contained in Public Contracts Code Section 20161 et seq., establish contract procedures the city shall follow regarding public projects. (Ord. 5-91 § 2: Ord. 16-83 § 12)
2.36.130 Exceptions—Contracting for emergency cleanup of hazardous materials.
When, in the discretion of the Public Works Director/City Engineer or his or her designee, it is determined that a hazardous spill has occurred and that immediate cleanup is required to prevent the spill from entering the city storm drain system or any watercourse, the City Manager, or his or her designee, may contract for the clean up of the spill. Any such contract in the amount of twenty thousand dollars ($20,000) or under may be entered into on behalf of the city by the City Manager, or his or her designee, without prior City Council approval; however, no such contract exceeding twenty thousand dollars ($20,000) in amount shall be executed without prior approval of the City Council. (Ord. 4-00 § 5; Ord. 9-92 § 3)