Charter

Article VI, Sec. 9. Contracts requiring competitive bids.

The council shall provide by ordinance a complete procedure to ensure the integrity of awarding all contracts. Except as otherwise required in this Charter, no contract for supplies, material, labor, or other valuable consideration, or for the construction, improvement, repair, or maintenance of public works shall be authorized by the council except to the lowest responsible bidder after competitive bidding. The council may reject any and all bids. Competitive bidding shall not be required for:

(a)   Labor or services rendered by any city officer or employee;

(b)  Labor, material, supplies, or services furnished by one (1) city department to another city department;

(c)   Contracts for labor, material, supplies or services which are available from only one vendor;

(d)  Contracts for labor, material, supplies or services or for the construction, improvement, repair, or maintenance of public works involving the expenditure of an amount not exceeding the limit established by ordinance of the city council;

(e)   Contracts relating to the acquisition of real property;

(f)   Contracts for professional or unique services;

(g)   Contracts for labor, material, supplies and services for actual emergency work;

(h)  Contracts with other governmental entities, or their contractors, for labor, materials, supplies or services.

The council, after rejecting bids, or if no bids are received, may readvertise for bids, or may have the work done by city forces if it determines that city forces can economically do the work, or it may have the contract negotiated without further bidding.

Upon recommendation of the city manager, the council may dispense with competitive bidding for any contract when it determines that it is in the best interests of the city so to do and acts by resolution setting forth the reason for such action. (1921; 1941; 1957; 1965; 1982.)

Editor’s Note: The catchline of this section originally read as follows: “Contracts.”

Sec. 10. Authority of the council to provide procedure by which city may bid on certain public works.

The council shall have power to provide by ordinance a complete procedure whereby the city may bid on all public work done under the provisions of any local improvement ordinance or resolution. Said ordinance shall provide the procedure whereby the city shall perform such public work for which the city may be the lowest bidder. A revolving fund may be created by bond issue for the purpose of financing the cost of such public work.

Editor’s Note: The catchline of this section originally read as follows: “Power to do public work direct.”

Municipal Code

4.12.060 Execution by director of public works.

The director of public works, rather than the city manager, shall execute contracts for work under the Improvement Acts in the Streets and Highways Code of the state of California, after the award thereof by the council.

(Prior code § 5-16)

4.12.070 Contract for less than $50,000-Procedure.

1. Pursuant to Article VI, Section 9 of the charter, contracts for labor, material, supplies or services or for the construction, improvement, repair, maintenance of public works involving the expenditure of an amount not exceeding fifty thousand dollars ($50,000.00), shall not be subject to the competitive bidding process required by the charter and other provisions of this code, except as set forth below.
2. Contracts for labor, material, supplies or services or for the construction, improvement, repair, maintenance of public works involving an expenditure of an amount not exceeding fifty thousand dollars ($50,000.00) shall be awarded using the following procedure:
   1. The purchasing administrator, whenever feasible and appropriate, shall endeavor to consolidate requests for similar types of goods and services received from different departments into one (1) bid and regularly mail the requests for bid to vendors and contractors on the bid list. If the cost of the goods and services involves an expenditure of five thousand dollars ($5,000.00) or less, bids may be solicited and received orally, by letter, or by written bid. The purchasing administrator may authorize verbal quotations for goods costing between five thousand dollars ($5,000.00) and fifty thousand dollars ($50,000.00) upon the request of the using executive or whenever the purchasing administrator finds it to be in the city’s best interest.
   2. To the maximum extent feasible, at least five (5) qualified vendors shall be solicited for expenditures over fifteen thousand dollars ($15,000.00). The requesting department shall advise the purchasing administrator of any prospective vendors.
   3. Written requests for bids or quotations shall be issued to prospective vendors and to anyone requesting copies. The written requests shall also be posted on the city’s website and placed on the public counter. The qualifications of bidders shall be established after the bids are received and opened by the city.
   4. These competitive bids shall be opened and read publicly by the purchasing administrator or his or her representative at the time and place designated in the request for bids, and the vendors and prices quoted shall be recorded at that time on forms designated for that purpose.
   5. The purchasing administrator may postpone or cancel the opening of the bids either giving oral or written notice to proposed vendors when he determines it will be in the best interests of the city.
   6. The bids received are reviewed by the purchasing administrator or his or her representative and the lowest responsible bidder offering goods or services best meeting the needs of the city shall receive the award. The purchasing administrator may consult with the using department regarding the suitability of the goods or services offered before awarding the order.
   7. If no acceptable bids are received, the purchasing administrator may reject any and all bids received and proceed to locate alternate sources, specifications or methods to meet the needs of the using department.
   8. Bids received for the construction, improvement, repair or maintenance of public works costing no more than fifty thousand dollars ($50,000.00) shall be referred to the requesting department for their recommendation. Upon receiving their recommendation, the executive is authorized to approve the purchase. The purchasing office, upon receiving the approved bid back from the department, will process the bid in accordance with the procedures set forth herein.
   9. The purchasing administrator is authorized to approve purchases up to fifteen thousand dollars ($15,000.00). This dollar limit may be increased with the written authorization and approval of the director of administrative services. The purchasing administrator shall not issue any purchase orders exceeding his or her authorized approval value without receiving the written or electronic approval of the director of administrative services or his or her representative.

(Ord. 5534 § 1, 2006)