Chapter 3.08 BIDDING, CONTRACTING AND PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT

Chapter 3.08
BIDDING, CONTRACTING AND PURCHASES OF SUPPLIES, SERVICES AND EQUIPMENT

Sections:

3.08.010 Definitions.

3.08.020 Purchasing officer—Position created—Appointment.

3.08.030 Purchasing officer—Powers and duties.

3.08.040 General purchasing policies and procedures.

3.08.050 Public project bidding and contracting.

3.08.060 Maintenance projects and other general services bidding and contracting.

3.08.070 Professional services bidding and contracting.

3.08.080 Supplies and equipment bidding and contracting.

3.08.090 Public project formal bidding procedure.

3.08.100 Public project informal bidding procedure.

3.08.110 San Jacinto formal bidding procedure.

3.08.120 Using alternative procedures for public projects.

3.08.130 Using alternative procedures for purchases not involving public projects.

3.08.140 Local preference.

3.08.150 Surplus supplies and equipment.

3.08.160 City manager authorization to execute contracts.

3.08.010 Definitions.

Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter:

“Act” means the Uniform Public Construction Cost Accounting Act found at California Public Contract Code, Section 22000 et seq.

“Alternative procedure” means purchasing supplies, services or equipment by negotiated contract, purchase order or any other procedure outlined in the city’s purchasing and bidding policies and procedures manual approved by the city manager and consistent with this chapter. A type of alternative procedure may include, but is not limited to, what will be referred to as a “simplified pricing procedure” wherein the authorized contracting party, or his or her designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the city.

“Authorized contracting party” means the city official or body provided with authority under this chapter to approve a contract or to make a purchase.

“City manager” means the city manager or person designated by the city manager to perform all or some of the duties prescribed in this chapter. I

“Commission” means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22010).

“Emergency” for purposes of public projects shall have that meaning provided in California Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing or contracting purposes means a possible safety situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the city.

“Facility” means any plant, building, structure, ground facility, utility system (subject to the limitation found in California Public Contract Code Section 22002, subdivision (c)(3)), real property, streets and highways, or other public work improvement.

“General Services” mean all services performed by persons not in a professional occupation, including, but not limited to, contract services for park, electrical and computer repair, building, facility and vehicle maintenance, recreation programs, and other similar services which are not typical of professional services.

“Maintenance work” shall have that meaning provided in Section 22002(d) of the Act, as that section may be amended from time to time. Maintenance work shall include, but shall not be limited to, all of the following:

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

2. Minor repainting;

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

D. Sewer maintenance including foaming, video taping, cleaning and manhole restoration;

E. Traffic signal maintenance. Maintenance work shall not include installation of new traffic signals;

F. Storm drain related maintenance;

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

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

I. Vehicle and equipment maintenance and repairs;

J. Work performed to keep, operate and maintain publicly owned water, power, or waste disposal systems, including but not limited to; dams, reservoirs and power plants.

“Public project” shall have that meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time. A public project shall not include maintenance work. In addition, public project shall include, but shall not be limited to, all of the following:

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

B. Painting or repainting of any publicly owned, leased, or operated facility.

“Professional services” means all services performed by persons in a professional occupation including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning environmental, redevelopment, financial, economic, personnel, social services, animal control, legal, management, cable television, communication and other similar professional functions which may be necessary for the operation of the city.

“Public project formal bidding procedure” means a procedure which meets the requirements of state and local law, including Section 22037 of the Act, this chapter and any policies and procedures approved by the city manager consistent with this chapter.

“Public project informal bidding procedure” means a procedure which meets the requirements of state and local law, including Section 22034 of the Act, this chapter and any policies and procedures approved by the city manager consistent with this chapter.

“Purchasing officer” means the city manager or his or her designee(s) as provided in Section 3.08.020. Initially, the city manager designates the Finance Director to act as the purchasing officer. Pursuant to Section 3.08.020, the city manager may change his or her designation at any time.

“San Jacinto formal bidding procedure” means a procedure which meets the requirements of state and local law, including the Act, this chapter and any policies and procedures approved by the. city manager consistent with this chapter. (Ord. 1092 § 1 (part), 2001)

3.08.020 Purchasing officer—Position created—Appointment.

There is established in the office of the city manager the rote of a purchasing officer. The purchasing officer shall be the city manager or his or her designee(s). If the city manager designates one or more persons to act in this role, the purchasing officer(s) shall serve until the city manager designates a replacement. The duties of the purchasing officer may be combined with those of any other officer(s) or position(s). (Ord. 1092 § 1 (part), 2001)

3.08.030 Purchasing officer—Powers and duties.

The purchasing officer, in accordance with the policies set forth in this chapter and in any written procedures approved by the city manager consistent with this chapter, shall have the power to:

A. Purchase or contract for supplies, services and equipment required by the city;

B. Negotiate and recommend to the city council execution of contracts for the purchase of supplies, services and equipment;

C. Prepare and implement policies and procedures governing the bidding, contracting, purchasing storing, distribution and disposal of supplies, services and equipment for the city;

D. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the city manager consistent with this chapter;

E. Review the working details, drawings, plans and specifications for any projects or purchases requiring such review in this chapter;

F. Inspect or supervise the inspection of purchased supplies, services and equipment to ensure conformity with any specifications established or required by the city;

G. Transfer among departments any supplies, services and equipment not needed by one such department, but which are necessary for the operation of one or more other departments;

H. Sell any supplies and equipment not needed. for public use or that may become unsuitable for their intended use;

I. Develop and maintain any bidder’s list, contractor’s list or vendor’s catalog file necessary to the operation of this chapter and any other policies and procedures approved by the city manager consistent with this chapter. (Ord. 1092 § 1 (part), 2001)

3.08.040 General purchasing policies and procedures.

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

B. The purchasing officer shall develop, for approval by the city manager, such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures shall be written and implemented in such a way to encourage open and competitive bidding, where appropriate provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for efficient and timely acquisition of needed supplies, services and equipment and provide effective fiscal controls.

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

D. Formal and informal competitive bidding IS not required for instance, when an “emergency” is declared pursuant to Section 3.08.120(a) of this chapter. With respect to emergencies involving public projects of twenty-five thousand dollars ($25,000) or more, however, this waiver of competitive bidding shall last only so long as the emergency exists in the determination of the city council.

E. Except in cases of emergency or unless specifically authorized by resolution or minute order of the city council, the purchasing officer shall not issue a purchase order for supplies, services or equipment involving any project or purchase with an estimated value of between twenty-five thousand ($25,000) dollars and one hundred thousand ($100,000) dollars unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

F. The city shall comply with all federal and state bidder’s security and bonding requirements and all prevailing wage laws applicable to each contract or purchase. (Ord. 1092 § 1 (part), 2001)

3.08.050 Public project bidding and contracting.

A. $25,000 or less. Public projects of twenty-five thousand dollars ($25,000) or less may be awarded by the director of the department responsible for the project by any alternative procedure.

B. $25,001 - $99,999. Public projects of more than twenty-five thousand and one dollars ($25,001), but less than or equal to ninety-nine thousand nine hundred and ninety-nine dollars ($99,999) may, except as otherwise provided in this chapter or the Act, be awarded by the city manager pursuant to the public project informal bidding procedure. If all bids received are over one hundred thousand dollars ($100,000) the city council may, with the approval of a four-fifths vote of those members present, award the contract n an amount not exceeding one hundred ten thousand dollars ($110,000) to the lowest responsive and responsible bidder, so long as the city council also determines that the city’s cost estimate for the project was reasonable.

C. $100,000 or more. Public projects of more than one hundred thousand dollars ($100,000) shall, except as otherwise provided in this chapter or the Act, be awarded by the city council pursuant to the public project formal bidding procedure.

D. City Engineer Review. The city engineer shall review the working details, drawings, plans and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property.

E. City Council Approval. The city council shall review and approve the working details, drawings. plans and specifications prepared for every public project of more than seventy-five thousand dollars ($75,000).

F. Award. Contracts for public projects of twenty-five thousand dollars or less, if awarded, may be awarded in the best interests of the city. Contracts for public projects of more than twenty-five thousand dollars ($25,000) if awarded, shall be awarded to the lowest responsive and responsible bidder. If two (2) or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. (Ord. 1092 § 1 (part), 2001)

3.08.060 Maintenance projects and other general services bidding and contracting.

A. $100,000 or less. Maintenance work and other general services projects of less than one hundred thousand dollars ($100,000) shall, except as otherwise provided in this chapter, be awarded by the director of the using department pursuant to any alternative procedure.

B. $100,001 or more. Maintenance work and other general services projects of more than one hundred thousand and one dollars ($100,001) shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the San Jacinto formal bidding procedure.

C. City Engineer Review. The city engineer shall review the working details, drawings, plans and specifications prepared for every maintenance work and other general services project which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property.

D. Purchasing Officer Approval. The purchasing officer, or his or her designee, shall review and approve the working details, drawings, plans and specifications prepared for every maintenance work and other general services project.

E. City Council Approval. The city council shall review and approve the working details, drawings, plans and specifications prepared for every maintenance work and other general services project of more than twenty-five thousand dollars ($25,000).

F. Award. Contracts for maintenance work and other general services projects of twenty-five thousand dollars ($25,000) or less, if awarded, may be awarded in the best interests of the city. Contracts for maintenance work and other general services projects of twenty-five thousand and one dollars ($25,001) or more, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two (2) or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.

G. Five Year Term Limitation. No maintenance work or other general services contract shall extend for a period of more than five years, including any authorized extensions. (Ord. 1092 § 1 (part), 2001)

3.08.070 Professional services bidding and contracting.

A. Less than $100,000. Professional services contracts of less than one hundred thousand dollars ($100,000) may be awarded by the director of the department requesting the service by any alternative procedure.

B. $100,001 or more. Professional services contracts of one hundred thousand and one dollars ($100,001) or more shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the San Jacinto formal competitive bidding procedure. This subsection shall also apply to all contracts that are proposed to be amended, extended or renewed in a manner whereby the aggregate amount of the service fees paid by the city to the contractor in any given fiscal year equals one hundred thousand and one dollars ($100,001) or more.

C. Purchasing Officer Approval. The purchasing officer or his or her designee, shall review and approve the scope of services prepared for every professional services contract.

D. City Council Approval. The city council shall review and approve the scope of services prepared for every professional services contract of seventy five thousand dollars ($75,000) or more.

E. Award. Contracts for professional services may, if awarded, be awarded in the best interests of the city.

F. Subsequent Contract Awards. Notwithstanding anything herein to the contrary, neither a department head nor the city manager shall award a subsequent contract without city council approval when the award of that subsequent contract will result in the city paying an aggregate amount of one hundred thousand dollars ($100,000) or more to the contractor in any given fiscal year. For purposes of this subsection, subsequent contracts are contracts with the same individual or entity that the city has contracted with for the delivery of professional services within any one city fiscal year. (Ord. 1092 § 1 (part), 2001) “

3.08.080 Supplies and equipment bidding and contracting.

A. Less than $25,000. Purchases of supplies and equipment of less than twenty-five thousand dollars ($25,000) may be bid out by any alternative procedure. A department head may award a contract for less than five thousand dollars ($5,000). Contracts between five thousand ($5,000) and twenty-five thousand dollars ($25,000) are subject to city manager approval.

B. $25,001 - $99,999. Purchases of supplies and equipment of between twenty-five thousand and one dollars ($25,001), and ninety-nine thousand nine hundred and ninety-nine dollars ($99,999) shall, except as otherwise provided in this chapter be awarded by the city council pursuant to the San Jacinto formal bidding procedure or any alternative procedure.

C. $100,000 or more. Purchases of supplies and equipment of one hundred thousand dollars or more ($100,000) shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the San Jacinto formal bidding procedure.

D. Department Director Approval. The director of the using department shall review and approve the plans and specifications prepared for every purchase of supplies or equipment.

E. Purchasing Officer Approval. The purchasing officer, or his or her designee, shall review and approve all contracts for the purchase of supplies or equipment.

F. City Council Approval. The city council shall review and approve the plans and specifications prepared for every purchase of supplies or equipment of more than twenty-five thousand dollars ($25, 000).

G. Award. Contracts for the purchase of supplies or equipment of twenty-five thousand dollars ($25,000) or less, if awarded, may be awarded in the best interests of the city. Contracts for the purchase of supplies or equipment of more than twenty-five thousand dollars ($25,000), if awarded, shall be awarded to the lowest responsive and responsible bidder, if two (2) or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses. (Ord. 1092 § 1 (part), 2001)

3.08.090 Public project formal bidding procedure.

A. Uses of Formal Bidding Procedure. This formal bidding procedure shall be used whenever formal bidding is required for a public project.

B. Required Process. The formal competitive bidding procedure shall comply with all aspects of state and local law governing formal competitive bidding, including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, resolutions of the city council as may be adopted from time to time, and policies and procedures as the city manager may approve from time to time.

C. Notice Inviting Formal Bids. Notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. Notices shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. At a minimum, the notice inviting formal bids shall: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of sealed bids; and (4) include any other information required by state or local law, as determined by the city attorney.

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

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

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

G. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department. as well as the city attorney.

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

1. No Bids Received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.

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

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

1. Abandon the project; or

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

3. By passage of a resolution by a four-fifths vote of the city council, declare that the project can be performed more economically by he employees of the city and have the project done by force account. (Ord. 1092 § 1 (part), 2001)

3.08.100 Public project informal bidding procedure.

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

B. Contractor List. The purchasing officer shall maintain a list of qualified contractors, identified according to categories of work, as described in Section 22034(a) of the Act. The list shall be developed and maintained in accordance with criteria established by the commission. In developing the list, the purchasing officer shall obtain from the Contractor’s State License Board and from the contractor’s trade associations in the county, the names and addresses of qualified contractors located in the county.

C. Distribution of Notice Inviting Informal Bids. The purchasing officer shall provide notice inviting informal bids. The notice inviting informal bids shall be mailed to either or both of the following: (1) all contractors on the qualified contractors list maintained pursuant to subsection (b) above; and/or (2) all construction trade journals specified in Section 22036 of the Act. The notice inviting informal bids must be mailed not less than (10) calendar days before the bids are due.

D. Contents of Notice Inviting Informal Bids. At a minimum, the notice inviting informal bids shall: (1) describe the project in general terms; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of sealed bids; and (4) include any other information required by state or local law, as determined; by the city attorney.

E. Proprietary Projects or Products. If the director of the using department certifies that, to the best of his or her knowledge the product or service is proprietary/ in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

F. Contents of Remaining Bid and Contract Documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department. as well as the city attorney.

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

H. No Bids Received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure. (Ord. 1092 § 1 (part). 2001)

3.08.110 San Jacinto formal bidding procedure.

A. Uses of San Jacinto Formal Bidding Procedure. A formal bidding procedure shall be used whenever formal bidding is permitted by this chapter and the project does not involve a public project.

B. Distribution of Notice Inviting Formal Bids. Notices inviting formal bids shall be provided. The notice inviting formal bids shall be provided to at least three (3) vendors or contractors, and the city shall endeavor to receive formal bids from at least three (3) vendors or contractors.

C. Contents of Notice Inviting Formal Bids. At a minimum, the notice inviting formal bids shall: (1) describe the project in general terms; (2) state how to obtain more detailed information about the project; (3) state the date! time and place for the submission of bids; and (4) include any other information required by state or local law, as determined by the city attorney. Bids for purchases of more than twenty-five thousand dollars ($25,000) shall be sealed bids.

D. Proprietary Projects or Sole Source Products. If the director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, the notice inviting formal bids may be sent exclusively to such vendor(s) or contractor(s).

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

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

G. No Bids Received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure. (Ord. 1092 § 1 (part), 2001)

3.08.120 Using alternative procedures for public projects.

In addition to the situations described Section 3.08.050, competitive bidding, either formal or informal, is not required for public projects in the situations provided for in this section. Under such conditions, any alternative procedure may be used.

A. Emergencies. In situations determined by the city manager to constitute an emergency for a public project pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The city council hereby delegates to the city manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of one hundred thousand dollars ($100,000), pursuant to Section 22035 of the Act and California Public Contract Code Section 22050. Emergency expenditures of more than one hundred thousand dollars ($100,000) shall first be approved by the city council. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.

For projects of more than twenty-five thousand dollars ($25,000), a report on the emergency and work performed shall be provided at the next regular meeting of the city council, and then at every meeting thereafter required by Section 22050. At such meetings, the city council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The city council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a formal bidding procedure.

For projects of twenty-five thousand dollars ($25,000) or less, the city manager shall determine, on his or her own as the action continues, whether there is a need to continue the action without the benefit of public project informal competitive bidding. The city manager shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to an informal bidding procedure.

B. No Competitive Market. When the authorized contracting party determines that a competitive market does not exist, such as, but not limited to, when the needed supplies, services and equipment are proprietary and can only be provided by one source.

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

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

E. No Bids Received. When no bids are received pursuant to either the public project informal bidding procedure or the formal bidding procedure.

F. Project Performed by Force Account. Bidding is not required for any public project of twenty-five thousand dollars ($25,000) or less that is authorized to be performed or any purchase that is authorized to be made by the employees of the city. by force account, by negotiated contract, or by purchase order.

G. Otherwise Authorized by this chapter. When otherwise authorized by this chapter. (Ord. 1092 § 1 (part), 2001)

3.08.130 Using alternative procedures for purchases not involving public projects.

In addition to the situations described in Section 3.08.060 through 3.08.080, competitive bidding, either formal or informal, is not required in the situations provided for in this section, for a project which is not a public project. Under such conditions, any alternative procedure including no bidding; may be used with the city manager’s approval.

A. Emergencies. In situations determined by the authorized contracting party to constitute an emergency, as defined in Section 3.08.010.

B. No Competitive Market. When the authorized contracting party determines that a competitive market does not exist, such as, but not limited to, with memberships in certain professional organizations, meetings, conventions, some forms of travel, legal advertising and when the needed supplies, services and equipment are proprietary and can only be provided by one source.

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

E. Purpose of Bidding is Otherwise Accomplished. When the city manager determines that it is in the best interest of the city and its administrative operations, to dispense with public bidding for nonpublic projects under this chapter. Prior city council concurrence with the city manager’s determination shall be required for non-public project purchases of over $25,000 which are not to be subject to bidding.

F. No Bids Received. When no bids are received pursuant to the San Jacinto formal bidding procedure.

G. Otherwise Authorized by this Chapter. When otherwise authorized by this chapter. (Ord. 1092 § 1 (part), 2001)

3.08.140 Local preference.

A “local vendor” means a firm or individual who for at least twelve consecutive months has regularly maintained a place of business in, or maintained an inventory of merchandise for sale in, and who pays appropriate business permit/license fees to, the city. With respect to those bids relating to the purchase of items subject to state sales, tax, the term “lowest responsible bidder” is deemed to include a one percent discount for local vendors in the computation of bids in order to reflect the financial advantages that accrue to the city by the award of a bid to a local vendor. The city shall also consider the cost to the city to pick up supplies and equipment at some distance from the city, to obtain parts and supplies and to transport such items for repair and maintenance in the computations used to award contracts. (Ord. 1092 § 1 (part), 2001)

3.08.150 Surplus supplies and equipment.

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

A. The purchasing officer shall have authority to sell as surplus all supplies, materials and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the city manager, and only after authorization from the city council as to any items of an estimated value of $10000 or more.

B. Surplus supplies and equipment may be sold to the public if so prescribed by the city manager and/or the city council. city officials and employees and their immediate families, however, shall not be eligible to purchase such surplus items. (Ord. 1092 § 1 (part), 2001)

3.08.160 City manager authorization to execute contracts.

Pursuant to the California Government Code, the mayor must execute all contracts on behalf of the city, unless another city officer or employee is authorized to do so.

The city manager and his or her designees as explicitly set forth in this chapter and the administrative policies implementing this chapter are hereby authorized to execute-contracts on behalf of the city. (Ord. 1092 § 1 (part), 2001)