Chapter 3.34
PURCHASING
Sections:
3.34.020 Exceptions – Public projects.
3.34.030 Purchasing Agent – Powers and duties.
3.34.040 Purchases of less than $10,000.
3.34.050 Purchases which exceed $10,000 but are less than $30,000.
3.34.060 Purchases exceeding $30,000.
3.34.070 Exceptions to competitive bidding requirements.
3.34.080 Splitting orders prohibited.
3.34.090 Availability of sufficient funds.
3.34.110 Intergovernmental purchase.
3.34.120 Personal purchases not authorized.
3.34.130 Federal funding purchase and procurement requirements.
3.34.010 Purpose.
A purchasing system is hereby established in order to establish efficient procedures for the purchase of supplies, services and equipment with the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchase, and to clearly define authority for purchasing functions. (Ord. 678 § 3, 2012).
3.34.020 Exceptions – Public projects.
This chapter is expressly made inapplicable to:
A. Contracts for public projects as defined by Public Contract Code Section 20161, which have a required expenditure in excess of the limit set by Public Contract Code Section 20162; and
B. Contracts which are governed by the provisions of Chapter 3.32 CMC (which adopts the Uniform Public Construction Cost Accounting Act (Public Contract Code Sections 22000 et seq.)). (Ord. 678 § 3, 2012).
3.34.030 Purchasing Agent – Powers and duties.
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. Establish and maintain such forms as reasonably necessary to the operation of purchasing guidelines;
E. Supervise the inspection of all supplies, services and equipment purchased to ensure conformance with specifications;
F. Recommend the sale or disposal of all excess supplies and equipment which cannot be used by the City, or which have become unsuitable for City use;
G. Maintain a bidder’s list, vendor’s catalog file and records needed for the efficient operation of the purchasing system. (Ord. 678 § 3, 2012).
3.34.040 Purchases of less than $10,000.
Where the amount or value involved is more than $1,000, but less than $10,000, the purchase may be made by the Purchasing Agent, without written bid. Every attempt shall be made to receive at least three price quotations. (Ord. 678 § 3, 2012).
3.34.050 Purchases which exceed $10,000 but are less than $30,000.
Where the amount of value involved exceeds $10,000, but is less than $30,000, the purchase shall require a minimum of three written informal bids.
A. Supplies and Equipment. Contract may be awarded by the Purchasing Agent.
B. Consultant Services.
1. Contract negotiated by department requesting professional or consultant services.
2. Contract may be awarded by Purchasing Agent. (Ord. 678 § 3, 2012).
3.34.060 Purchases exceeding $30,000.
When the amount or value involved exceeds $30,000, the purchase shall be made through formal competitive bid as outlined below:
A. Notice inviting bids shall include a general description of the services and/or articles to be purchased, 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 a public place in the City that has been designated by ordinance as the place for posting public notices, at least 10 days before the date of opening the bids; and published one time in the newspaper of general circulation in the City at least 10 days before the opening of the bids;
C. The Purchasing Agent shall also solicit bids from responsible prospective suppliers whose names are on the bidder’s list and may advertise the notice inviting bids in applicable publications;
D. When deemed necessary by the Purchasing Agent, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent. A successful bidder (and his/her surety, if a bond is furnished) shall be liable for any damages upon the bidder’s failure to enter into 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, 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;
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 30 calendar days after the bid opening;
G. At its discretion, the City may reject all bids presented and re-advertise for bids;
H. Contracts shall be awarded by the City 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;
J. Contracting for professional and consultant services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required;
K. Once the department requesting the professional or consultant services determines a firm’s adequate level of competence, the cost of service may be considered. However, the lower cost may not be the sole factor in deciding which firm or whom shall be awarded the contract. It may be in the City’s best interest to award the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship and other factors required by the department or proposed by the contractor;
L. The information needed for determining that level of competence, other qualifications and the procedure for selecting such services shall be determined by each City department responsible for recommending the professional or consultant service contract;
M. The acquiring of professional or special services shall be procured through negotiated contract and may include request for proposals/qualifications (RFP/RFQ). Contracting for professional or consultant services is decentralized and shall be the responsibility of the department head requesting the service;
N. The City Council will delegate the contract award for general purchases and professional and consultant services to the Purchasing Agent. (Ord. 678 § 3, 2012).
3.34.070 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 an emergency requires that an order be placed with the nearest source of supply;
5. 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.
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 $30,000.
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. 678 § 3, 2012).
3.34.080 Splitting orders prohibited.
It is unlawful to split or separate into smaller orders the purchase of supplies or services for the purpose of evading the provisions of this chapter. (Ord. 678 § 3, 2012).
3.34.090 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 orders. (Ord. 678 § 3, 2012).
3.34.100 Recycled products.
All City purchases will be made with the effort to procure, when feasible, recycled products, reusable products and products designed to be recycled so long as the price differential is reasonable. (Ord. 678 § 3, 2012).
3.34.110 Intergovernmental purchase.
Cooperative contracts with other governmental agencies may be established to allow the City to utilize another government’s contract that has been or will be competitively bid. (Ord. 678 § 3, 2012).
3.34.120 Personal purchases not authorized.
No goods or services for personal use or pleasure may be purchased with City funds. The City reserves the right to charge back the responsible party for all costs determined to be personally motivated. (Ord. 678 § 3, 2012; Ord. 477, 1992).
3.34.130 Federal funding purchase and procurement requirements.
Procurement and contracting for goods and services using federally awarded funds shall be required to follow Title 2 CFR, Section 200.318(c)(1). This section of code states that the nonfederal entity or city must maintain written standards of conduct covering conflicts of interest that govern the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the nonfederal entity or city may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, nonfederal entities or cities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the nonfederal entity or city. In such case where there is a violation of this code disciplinary procedures for the nonfederal entity or City employees will follow the City of Calistoga Personnel Rules and Regulations Manual September 19, 2017, Section 12 requirements. (Ord. 752 § 2, 2021).