Sec. 28-4. Procurement of goods and general services.
a. Small Procurements.Purchases of supplies, materials, furnishings, vehicles, rolling stock, materials, general services, and equipment estimated in value to be less than twelve thousand dollars ($12,000) may be made without informal bids or quotes, subject, however, to fair, just and equitable terms and conditions of purchase.
b. Informal Bid Procedure.Purchases of supplies, materials, furnishings, vehicles, rolling stock, general services, and equipment estimated in value at twelve thousand dollars ($12,000) or more and below seventy-five thousand dollars ($75,000), may be made by the Purchasing Agent informally without observing the formal bidding procedures, or may be awarded based on “best value” criteria as set forth in Section 28-15. Such purchases shall, unless infeasible, be based on at least three (3) informal bids or quotes and shall be awarded to the lowest responsible bidder.
c. Formal Bid Procedure.Except as otherwise provided for in this chapter, formal bidding procedures shall be used when the anticipated cost of supplies, material, furnishings, vehicles, rolling stock, general services, and equipment is valued at seventy-five thousand dollars ($75,000) or more per agreement year and shall be by written bid and contract pursuant to the procedure prescribed herein, except for those purchases awarded based on “best value” criteria as set forth in Section 28-15. Formal bidding procedures shall be as follows:
1. Notice Inviting Bids.Notices inviting bids and specifying the time and place of opening shall be issued at least ten (10) calendar days prior to the opening of the bids. Notice shall be posted on the City’s website or on the City’s online vendor portal website. The Purchasing Agent may require additional notice as determined to be in the best interest of the City.
2. Receipt and Opening of Bids.The notice inviting bids shall specify if bids may be submitted in physical form or electronically. Bids submitted in physical form shall be in a sealed envelope, identified as a “bid” on the envelope, and submitted to the City at or before the time specified in the notice. Bids submitted electronically shall be identified as specified in the notice and submitted to the City at or before the time specified in the notice. At the time and place specified in the notice, the bids shall be publicly opened and read. Notwithstanding the foregoing, if the notice inviting bids specified that bids are to be submitted by electronic transmission, the City may open the bids electronically without a public bid opening; provided, that: (a) the bid results are available on the internet at, or immediately after, the date and time noticed for the bid opening. If the results are not immediately available on the internet, the City shall provide the bid results upon request of a bidder or the public as soon as reasonably possible; (b) the bid results shall include the names of all bidders and their respective total bid amounts; and (c) the location on the internet where bid results are posted shall be accessible to the public free of charge. Any bid received after commencement of bid opening shall be rejected and returned unopened. The City Council may waive any informalities or minor irregularities in bids received.
3. Bidders’ Security.At the discretion of the Purchasing Agent, each bid may be required to be accompanied by a bid deposit or bond equal to at least ten percent (10%) of the bid amount, as set forth in the bid specifications.
4. Award of Bid.Except as otherwise provided in this chapter, the City Council shall award the contract to the lowest responsible bidder whose bid complies with the specification. Notwithstanding the foregoing, in the case of contracts pertaining to informational technology systems that would be exempt from disclosure under the Public Records Act, California Government Code Section 6254.19, as amended, the Purchasing Agent shall award the contract to the lowest responsible bidder whose bid complies with the specification.
5. Rejection of Bids.In its discretion, the Purchasing Agent may reject any and all bids presented, and may re-advertise for other bids pursuant to the procedures described in this chapter.
6. No Bids Received.In the event no bids are received, the Purchasing Agent may, in their discretion, re-advertise for other bids, cancel the procurement, or recommend that the City Council declare by resolution that the equipment, supplies, materials, or general services may be more economically or satisfactorily procured on the open market and order such procurement on the open market by direct negotiations.
7. Tie Bids.If two (2) or more low bids received are for the same total amount or unit price, quality and service being equal, the City may re-advertise for bids, draw lots or accept the one it chooses.
d. Prevailing Wages.Contracts for City-funded maintenance work valued in excess of fifteen thousand dollars ($15,000) shall require payment of prevailing wages in accordance with the requirements of the California Labor Code. (Ord. 3637 § 2, 2021; Ord. 3624 § 2, 2020)