HomeMy Public PortalAbout17-1609ORDINANCE NO. 174609
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA AMENDING CHAPTER 6 OF TITLE II OF THE CARSON
MUNICIPAL CODE RELATING TO THE CITY'S PURCHASING SYSTEM
WHEREAS, the City's Purchasing System is contained within Chapter 6 of Article H of
the Carson Municipal Code ("Purchasing System");
WHEREAS, the Purchasing System was most recently updated in 2000 and in 2013;
WHEREAS, the City Council desires to update the Purchasing System in order to more
ensure that the City has efficient procedures for the purchase of materials, supplies, equipment,
and services and professional services, to secure for the City materials, supplies, equipment, and
services and professional services at the lowest possible cost commensurate with quality needed,
to exercise positive financial control over purchases, to clearly define authority of the purchasing
function and to assure the quality of purchases, a purchasing system is hereby adopted;
WHEREAS, the City Council also desires to adopt and comply with the California
Uniform Construction Cost Accounting Act (found under California Public Contract Code
Sections 22000 through 22045) and has adopted Resolution No. 17-012, which provides that the
City elects to be subject to the California Uniform Construction Cost Accounting Act (found
under California Public Contract Code Sections 22000 through 22045), including any policies or
procedures promulgated by the Cominission established by the California Uniform Construction
Cost Accounting Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The forgoing recitals are true and correct and incorporated herein by this
reference.
SECTION 2. Chapter 6 "Purchasing System" of Title II of the Carson Municipal Code
is hereby amended to read in its entirety as follows:
Section 2600. Purpose and Applicability.
(a) The purpose of this Chapter is to establish efficient procedures for the
purchase of materials, supplies, equipment, and services and professional
services, to secure for the City materials, supplies, equipment, and services and
professional services at the lowest possible cost commensurate with quality
needed, to exercise positive financial control over purchases, to clearly define
authority of the purchasing function and to assure the quality of purchases, a
purchasing system is hereby adopted.
(b) This Chapter shall apply to all purchase orders and contracts solicited or
entered into after the effective date of this ordinance.
Section 2601. Definitions.
As used in this Chapter, the following words shall have the following definitions:
(a) "Awarding Authority" shall mean either the City Council or Purchasing
Manager, as the case may be.
(b) "Capitalized equipment" shall mean equipment that is reported as an asset
on the City's audited financial statements in accordance with Generally Accepted
Accounting Principles.
(c) "Commission" shall mean the Uniform Public Construction Cost
Accounting Commission, created pursuant to California Public Contract Code
Section 22010.
(d) "Inventory" shall mean supplies that may be consumed such as light bulbs,
printing paper, writing instruments, and other similar items.
(e) "Maintenance work" shall have the same meaning as that term is defined
under California Public Contract Code Section 22002.
(f) "Public project" shall have the same meaning as that terra is defined under
California Public Contract Code Section 22002.
(g) "Purchase order" shall mean a written or electronic authorization for a
particular vendor to provide particular materials, supplies, equipment, and
services to the City for a particular price and which shall contain terms and
conditions of such purchase and shall be in a form approved by the City Attorney.
(h) "Purchasing system" shall mean the purchasing system established by this
ordinance and codified under Chapter 6 of Title II of the Carson Municipal Code.
(i) "Surplus property" shall mean personal property belonging to the City that
is no longer needed or which have become obsolete or worn out as determined by
the relevant City Department. "Surplus property" includes capitalized equipment,
but does not include inventory.
J) "The Act" shall mean the "Uniform Public Construction Cost Accounting
Act."
Section 2602. Centralized Purchasing.
The purchasing system is intended to be centralized within the Finance function of the
City. The City Manager may authorize, in writing, any department to purchase specified
supplies and equipment independent of the Purchasing Manager, however such purchases
shall be made in conformity with established procedures and regulations.
Section 2603. Purchasing Manager.
The City Manager shall serve as the Purchasing Manager. The City Manager may also
appoint a designee to serve as the Purchasing Manager and to administer the purchasing
system. The Purchasing Manager's authority and responsibilities shall be in accordance
with the purchasing system, any established administrative rules and procedures, and as
established by the City Council and/or the City Manager. The Purchasing Manager may
also establish administrative rules and procedures in order to carry out the purposes of
this Chapter.
Section 2604, requisitions.
Administrative rules and procedures governing the purchasing system, either by
resolution or administrative procedures and regulation, shall provide procedures that
require every department to annually submit requests and estimates for materials,
supplies, equipment and services to the designated Purchasing Manager in a prescribed
requisition process.
Section 2605_ Purchase Orders and Contracts.
(a) Purchase Orders. Every expenditure of public funds made pursuant to this
Chapter, irrespective of the source, by the City shall require a purchase order,
where the original template form of the purchase order shall be approved by the
City Attorney; however, the following expenditures may not require a purchase
order:
(1) Individual purchases of materials, supplies, and equipment from
one vendor of less than $1,000, in the aggregate, daring a fiscal year.
(2) Individual purchases made pursuant to Section 2611(i)(11) through
261 l(i)(18).
(3) Notwithstanding the forgoing, the Purchasing Manager, in his or
her sole discretion, may require the use of a purchase order.
(b) Written Contracts. The following shall govern the use of written contracts:
(1) For purchases of any personal property, including materials,
supplies and equipment:
(i) If the estimated value of an individual purchase is less than
$25,000 over a fiscal year or is a purchase made under Section
2611 (i)(6), (1)(8), (i)(12), (i)(13), (1)(14), and (i)(17), then a
separate written contract may not be required. However, the
Purchasing Manager shall have the sole discretion to require the
use of a separate written contract, in a form approved by the City
Attorney, in addition to the purchase order requirement under
Section 2605(a).
(ii) If the estimated value of an individual purchase is $25,000
or greater over a fiscal year, then a separate written contract, in a
form approved by the City Attorney, shall be required in addition
to the purchase order requirement under Section 2605(a).
However, the Purchasing Manager has the sole discretion to waive
this requirement.
(2) For purchases of any services:
(i) If the estimated cost of a service is less than $5,000 over a
fiscal year, then a separate written contract may not be required.
(ii) If the estimated cost of a service is $5,000 or greater over a
fiscal year, then a separate written contract, in a form approved by
the City Attorney, shall be required in addition to the purchase
order requirement under Section 2605(a).
(iii) Notwithstanding the forgoing, the Purchasing Manager, in
his or her sole discretion, may require the use of a separate written
contract, in a form approved by the City Attorney, in addition to
the purchase order requirement under Section 2605(a).
Section 2606. City Manager expenditure authority.
The City Manager may approve expenditures that are $25,000 or less. All expenditures of
greater than $25,000 shall be approved by the City Council.
Section 2607. Evasion of Provisions of this Chapter Prohibited.
Purchases for materials, supplies, equipment and services shall not be split into smaller
orders or projects, artificially aggregated into larger orders or projects, or willfully
mischaracterized or misclassified for purposes of evading the provisions of this Chapter.
Section 2608. Encumbrance of Funds.
Except in cases of emergency as defined in Section 2611(d), the Purchasing Manager
shall confirm the requested purchase is funded in the current fiscal year adapted budget.
For items not identified in the current fiscal year adopted budget, the requesting City
department shall be required to request a budget transfer to or receive City Council
approval prior to engaging in the procurement process.
Section 2609. Inspections.
The Purchasing Manager, in his or her discretion, shall have the authority to inspect
supplies and equipment delivered, or services rendered, to determine their conformance
with the specifications set forth in the original contract or order.
Section 2610. Bidding procedures for purchase of materials, supplies, equipment and
services.
Except as otherwise provided in this Chapter, all contracts of the City for the purchase of
materials, supplies, equipment, and services of an estimated aggregate annual value that
is $25,006 or greater shall be made using the procedures contained in this Section.
Purchases that are less than $25,000 shall be governed by the procedures found under
Section 2611(a). As used in this Section, "materials, supplies, equipment, and services"
include all personal property andservices, except professional services, as defined in
Section 2611(b)(5), procured by the City. This Section shall not govern public project
purchases.
(a) Notice Inviting Bids. Notices inviting sealed bids shall include a general
description of the materials, supplies, equipment, or services to be purchased;
shall state where bid blanks and specifications may be secured; shall state the
time, location, and manner in which the bids shall he submitted; and the time and
place for opening bids. Any invitation to bid, request for proposal, and other
solicitation may he cancelled in whole or in part when there is good cause therefor
or when in the judgment of the Awarding Authority cancellation is in the City's
best interests.
(b) Published Notice. Notice inviting sealed bids shall be published at least
ten (10) days before the date of opening of the bids. Notice shall be published at
least once in a newspaper of general circulation, printed and published in the City,
or if there is none, it shall be posted in at least three (3) public places in the City
that have been designated by ordinance as the places for posting public notices.
Notice shall also be posted on the City's official website if such website exists.
(c) Bidders' List. If a Bidders' List has been established, the Purchasing
Manager shall also solicit sealed bids from responsible prospective vendors or
contractors whose names are on the Bidders' List.
(d) Interpretation of Bid Specification. Oral interpretation of written bid
specifications shall not be made to prospective bidders. If the prospective bidder
discovers discrepancies or omissions in any specification, or if the bidder is in
doubt as to the meaning of any specification, the bidder shall request a written
interpretation or modification from the City. If interpretations or modifications are
deemed necessary, the City will then issue a written addendum to all parties
known to have received copies of the specifications.
(e) Bidder's Security. When deemed necessary by the Purchasing Manager,
bidder's security may be prescribed in the public notices inviting bids. Bidders
shall be entitled to return of bid security; provided, that a successful bidder shall
forfeit its bid security upon refusal or failure to execute the contract within ten
(10) days after the notice of award of contract has been mailed, unless the City is
responsible for the delay. The City Council may, on refusal or failure of the
successful bidder to execute the contract, award it to the next lowest responsible
bidder.
(1) If the City Council awards the contract to the next lowest
responsible bidder, the amount of the bidder's security shall be applied by
the City to the difference between the successful bid and the next lowest
responsible bid, and the surplus, if any, shall be returned to the successful
bidder.
(f) Performance Bonds. The Purchasing Manager shall have authority to
require a performance bond before entering a contract in such amount as it shall
find reasonably necessary to protect the best interests of the City. If a performance
bond is required, then the form and amount of the bond shall be described in the
notice inviting bids,
(g) Bid Submission and Opening. Sealed bids shall be submitted to the City
Clerk and shall be opened publicly by the Purchasing Manager or designee in the
presence of one or more witnesses at the time and place designated in the
invitation to bid. No bid shall be considered which has not been received at the
place, and at or prior to the time, stated in the invitation for bids. No bid shall be
considered which is transmitted by electronic facsimile or electronic mail, unless
specifically authorized in the bid. The amount of each bid, the name of each
bidder, and such other relevant information as the Purchasing Manager deems
relevant shall be announced and recorded. If no bids are received and subject to
the approval of the Purchasing Manager, procurement may proceed without
further compliance with competitive bidding requirements. After the opening of a
sealed or formal bid/proposal, and after the City has identified the awardee, a
"notice of intent to award" will be sent to all actual bidders by mail, email, or fax
at the option of the City, and all applicable response periods will begin on the date
the notice was sent identifying the awardee and including at least the following
text. "Protests must comply with the requirements of Carson Municipal Code
Sections 2613 and be submitted no later than five business days after the bate of
this notice."
(h) Bid acceptance and Evaluation. Bids shall be evaluated on the
requirements set forth in the invitation to bid, and no such criterion shall be used
unless set forth in the invitation to bid or in this Chapter. Evaluation criteria may
include criteria to determine acceptability, including, but not limited to,
inspection, testing, quality, workmanship, delivery, and suitability for a particular
purpose. Criteria that will affect the bid price and be considered in evaluation of a
bid shall be objectively measurable if possible, such as discounts, transportation
costs, and total or life cycle costs.
(i) Award to Lowest Responsive and Responsible Bidder. Unless bids are
rejected as provided in this Chapter, all contracts of the City for the purchase of
materials, supplies, equipment, and services of a value equal to or exceeding
$25,000, except for c¢ntracts entered pursuant to requests for proposals and
exempted purchases, shall be awarded to the lowest responsible and responsive
bidder. "Lowest responsible and responsive bidder' means the bidder who
submits the lowest monetary bid that responds to the terms upon which bids were
requested, and who has demonstrated the attribute of trustworthiness, as well as
quality, fitness, capacity, and experience to satisfactorily perform the contract. To
the extent permitted by law, criteria for determining whether a bidder is
responsible include, without limitation, all of the following:
(1) The conformity of the supplies, materials, equipment, or services
to the required specifications;
(2) The ability, capacity, and skill of the bidder to provide the
supplies, materials, equipment, or services as required;
(3) The ability of the bidder to provide the required items or services
within the time specified;
(4) The character, integrity, reputation, judgment, experience,
efficiency, financial resources, and financial responsibility of the bidder;
(5) The ability of the bidder to promptly provide future maintenance,
repair, parts, and service after purchase;
(6) The bidder's prior record of performance on other procurements or
projects., including timely completion of performance, quality of products
and work provided, and completion of projects within the bid amount
submitted and project budget;
(7) The bidder's involvement in prior or current litigation or contract
disputes that could impair satisfactory performance of the contract to be
awarded; and
(8) The bidder's history of noncompliance with occupational safety
and health requirements, labor statutes and regulations, and other local,
state, and federal laws.
The purchasing file shall contain a written summary of the basis on which the
award is made. If a bidder is rejected because of an adverse determination of that
bidder's capability of performing the contract, a written determination of
irresponsibility, setting forth the basis of the finding, shall be prepared by the
procurement officer or designee. The unreasonable failure of a bidder promptly to
supply information in connection with an inquiry regarding responsibility may be
grounds for a determination of irresponsibility. Prompt written notice shall be sent
to the bidder of the evidence reflecting upon the bidder's responsibility that has
been either received from others or adduced from independent investigation. The
bidder shall be afforded an opportunity to rebut such adverse evidence and to
present evidence of qualification. After consideration of the evidence and the
rebuttal evidence, the procurement officer shall make a final determination of the
lowest bidder's responsibility and promptly so notify the bidder in writing. A
bidder aggrieved by any such determination may protest as provided in Section
2613 of this Chapter.
(j) Equal Bids. If prices quoted or received in two sealed bids are equal, then
the City Manager or the City Council may choose whichever of the following
options it deems to serve the best interest of the City:
(1) Select one bid, giving preference to a business located within the
City of Carson; or
(2) Reject all bids and re -solicit for bids; or
(3) Reject all bids and authorize negotiation of an agreement between
the City and one of the equivalent bidders; or
(4) Select one bid, giving preference to the business which is the most
experienced; or
(5) Take any other action that the City Council deems to serve the best
interest of the City.
(k) Rejection or Waiver of Bid requirements.
(1) At any time, the awarding authority may reject any and all bids
presented and may re -solicit for bids in its discretion.
(2) The awarding authority may waive any irregularities or
informalities in any bid or bidding.
Section 2611. Exceptions to bidding requirements for purchases other than for public
projects.
Except as otherwise provided by law, the following purchases of materials, services,
supplies and equipment shall not require compliance with the bidding requirements of
this Chapter:
(a) Informal Purchases, Any contract for a purchase of less than $25,000 shall
be let in accordance with the procedures established herein. Contract requirements
shall not be artificially divided so as to constitute separate purchases under this
Section.
(1) Bidding shall not be required for individual purchases of materials,
supplies, equipment, and services of an estimated value of less than
$5,000. The Purchasing Manager shall adopt administrative rules and
procedures for making individual purchases of less than $5,000. These
administrative rules and procedures shall include the requirement to
prepare and maintain written records adequate to document the
procurement, properly account for the funds expended, and facilitate an
audit of such purchases.
(2) So far as practical, for any purchase costing $5,000 or more and
less than $25,000, at least three vendors shall be solicited to submit price
quotations by use of sealed bidding methods, electronic facsimile, or
electronic mail. This solicitation requirement may be met if price
quotations have been sought through prices listed on a vendor's internet
website provided that the Purchasing Manager reviews and approves such
pricing. Award shall be made to the responsive and responsible vendor
who offers the lowest acceptable quotation that best meets the needs of the
City. The names of vendors submitting quotations, their respective local
addresses and principal places of business, and the date and amount of
each quotation shall be recorded and maintained as a public record.
(i) Bids shall be submitted to the Purchasing Manager, who
shall specify the time, place, and manner in which bids are to be
submitted. It is the responsibility of the bidder to ensure that the
Purchasing Manager receives the bid document at the time, place
and manner so specified.
(ii) The Purchasing Manager shall keep a record of all informal
bid orders and submitted informal bids for a period of two (2)
years after submission of such bids or the placing of such orders.
This record, while so kept, shall be open to public inspection,
except as prohibited by law, such as in the case of a bidders'
proprietary information.
(b) Competitive Proposals. When the Purchasing Manager determines that
conditions are inappropriate for the use of competitive bidding or that sealed
bidding is infeasible or contrary to the best interests of the City, a contract may be
entered by use of the competitive proposal method. The facts supporting such a
determination shall be recorded and maintained as a public record.
(1) Request for Proposals. The Purchasing Manager shall issue or
approve a request for proposals describing the services or product to be
procured, the format which proposals shall follow, the elements proposals
shall contain, other appropriate requirements, and a statement of the time
and place for the receipt and opening of sealed proposals. The request for
proposals shall identify all significant evaluation criteria and the
procedures to be used for evaluation and selection for negotiation and/or
contract award.
(2) Notice of Solicitation. Notice of a request for proposals shall be
published at least ten (10) calendar days prior to the date of proposal
opening on the City website, The notice shall include a general description
of the item or service required, a statement that proposals shall be
submitted to the City Clerk's office, and the place, date, and time of
proposed opening. The Purchasing Manager or department director may
give such other notice as he or she deems appropriate.
(3) Proposal Opening. Proposals shall be opened publicly by the
Purchasing Manager or designee in the presence of one or snore witnesses
at the time and place specified in the request for proposals. The name of
the offeror and such other information as the Purchasing Manager deems
appropriate shall be announced and recorded. If no proposals are received,
procurement may proceed without further compliance with competitive
proposal requirements.
(4) Proposal Evaluation. The City may, at any time, waive or modify
any element of the request for proposals and/or any evaluation criterion. If
so stated in the request for proposals, selection may be made, without
negotiation, solely on the written submittals. If negotiation is elected, the
City may negotiate with one or all offerors that the Purchasing Manager
determines have a reasonable chance of selection, based on price and other
factors stated in the solicitation.
(c) Professional and Personal Services Procurement. The procurement of the
professional services of any architect, landscape architect, engineer, artist,
environmental consultant, Iand surveyor, construction project manager,
accountant, appraiser, financial advisor, attorney, or other provider of professional
services involving a high degree of technical or individual skill shall be based on
demonstrated competence, the professional qualifications necessary for
satisfactory performance of the required services, and a fair and reasonable price,
after notice to a number of potential offerors adequate to permit reasonable
competition consistent with the nature and requirements of the procurement.
Offerors shall provide evidence that the person or firm carrying out contract
responsibilities possesses the expertise and experience to perform the requisite
professional services. The contract file shall contain a written summary of the
basis on which notice to potential offerors was given and on which the award was
made. Professional services contracts, except as authorized below, shall be
i
awarded in accordance with Section 2610 of this Chapter. Professional service
contracts of less than $25,000 may be awarded in accordance with Sections
2611(a) or 2611(b) of this Chapter by purchase order on the written
recommendation of the department or division head. Professional services
contracts for the preparation of environmental reports or special studies regarding
private projects, when the project applicant has deposited the full amount of the
contract, may be awarded by the City Engineer or the Community Development
Director.
(d) Emergency Purchasing.
(1) Notwithstanding any other provision of this Chapter, the
Purchasing Manager may make or authorize others to make emergency
purchases of materials, supplies, equipment, or services when there exists
a sudden, unexpected occurrence that poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or impairment
of life, health, property, or essential public services. Emergency purchases
shall be made with such competition as is practicable under the
circumstances. A written determination of the basis for the emergency and
the selection of the particular contractor shall be included in the contract
file. Emergency procurements shall require approval of the City Manager
or his or her designee. In the absence or unavailability of the City Manager
or designee, any department head shall have like authority for purchases
related to their respective departments.
(2) Within five business days after such emergency purchase, a record
of each emergency procurement shall be made setting forth the vendor's
name, the amount and type of the contract, the terms of the contract, and
the identification number of the purchasing file. Expenditures made during
a locally declared emergency or in an emergency situation must be
reported to the City Council at the next regular City Council meeting if
approval for such expenditures would otherwise have been subject to the
approval of the City Council.
(e) Sole Source Purchasing. The City Manager may dispense with this
Chapter's bidding requirements if he or she finds that the materials, supplies,
equipment, or services are unique because of their quality, durability, availability,
or fitness for a particular use and are available only from one (1) source, or, if
available from more than one (1) source, can be purchased from the manufacturer
or service provider for a lower price. If the cost of such sole source purchasing is
$25,000 or greater, then the City Council's approval shall be required.
(f) Piggyback Purchasing. The City, through the Purchasing Manager, may
purchase materials, supplies, equipment, or services, without complying with the
bidding or proposal procedures in this Chapter, from any vendor who offers the
materials, supplies, equipment, or services at the same or better price, terms,
and/or conditions as the supplier previously offered to another city or other public
agency as the lowest bidder pursuant to the competitive bidding or proposal
process required by that city or other public agency; provided that.
(1) A copy of the solicitation has been obtained from the originating
city or public agency and reviewed by the Purchasing Manager for
compliance with this Chapter; and
(2) The Purchasing Manger determines that the specifications of the
materials, supplies, equipment, or services required by the City are not
materially different from those specified in the originating city's or public
agency's solicitation; and
(3) The selected bidder was selected in compliance with the
competitive bidding or proposal process requirements of such city or other
public agency; and
(4) The Purchasing Manager determines that the competitive bidding
or proposal process utilized is at least the same as that contained in this
Chapter; and
(5) The contract resulting from the original solicitation is current or
the solicitation is within two (2) years from the date of the City's order, or
written justification is provided justifying use of an older solicitation; and
(6) The Purchasing Manager determines that, as a result of piggyback
purchasing, the price of the materials, supplies, equipment, or services is
lower than it would be if purchased directly by the City pursuant to this
Chapter.
(g) Cooperative Purchasing. The City, through the Purchasing Manager, may
purchase materials, supplies, equipment, or services through a joint powers or
other cooperative purchasing program with any local, county, State, or Federal
public entity or entities, or any association of public agencies, including the
California League of Cities, the California State Association of Counties, and the
National Conference of Mayors; provided, that:
(1) The selected bidder was selected in compliance with the
competitive bidding or proposal process requirements of any participating
entity or association; and
(2) The Purchasing Manager determines that the competitive bidding
or proposal process utilized is at least the same as that contained in this
Chapter; and
(3) The Purchasing Manager determines that, as a result of cooperative
purchasing, the price of the materials, supplies, equipment, or services is
likely to be lower than it would be if purchased directly by the City
pursuant to this Chapter,
Such cooperative purchasing may include, but is not limited to, joint or multi-
party contracts between public agencies and public agency contracts negotiated to
be available to other public agencies.
(h) Notice of Award. With respect to contracts awarded under this Section, no
notice of intent to award shall be required to bidders as provided for contracts
awarded pursuant to Section 2610 and the procurement protest procedures under
Section 2613 shall not apply.
(i) Other Purchases. The City Council has determined that the purchase of
the following items shall not require compliance with the bidding provisions of
this Chapter, so long as funds have been properly appropriated and such
purchases conform with all other requirements of this Chapter:
Books, periodicals, records, tapes, and other similar materials;
(2) Intellectual property with a unique or special purpose, as
documented in writing by the Purchasing Manager;
(3) Items and services acquired with federal or state loan or grant
funds when the terms and conditions of such loan or grant require
compliance with procedures that are different from this Chapter; however,
where such procedures are less restrictive, this Chapter shall govern to the
extent perrnitted by the terms and conditions of such loan or grant;
(4) Insurance, insurance adjusting, legal, and related services. If a new
appropriation therefor is required or an existing appropriation is
insufficient, the City Manager or Finance Director is authorized to bind
coverage or otherwise provide for such services until the required
appropriation has been approved;
(5) Vendor servicing agreements where the equipment has been
purchased. competitively.
(6) Express mail through a private carrier.
(7) Services from other governmental agencies that are not covered
under a specific inter -agency agreement.
(8) Advertising and publication for City programs and events.
(9) Professional development, training, and continuing education
classes for City employees.
(10) Intellectual Property use licenses.
(11) Fuel purchases and other commodities that are subject to market
pricing.
(12) City utility bills (e.g., water, electrical, and gas).
(13) Postage.
(14) Publication of legal notices required by law.
(15) Food purchased at retail.
(16) Renewal of software licenses already purchased by the City.
(17) Commission and Committec Member stipends.
(18) Travel and conference expenses.
The City Manager may award all contracts under this Section that are less than or equal
to the City Manager's expenditure authority under Section 2609.
Section 2612. Contracts for Public Project.
(a) Uniform Public Construction Cost Accounting Act Adopted. The City
Council of the City of Carson, California, hereby adopts the Act, for the purpose
of prescribing regulations governing purchases and contracts awarded by the City
for "'public projects" and "maintenance work," as defined in California Public
Contract Code Section 22002. In accordance with the Act, the City shall utilize
the Act's procedures and definitions when contracting for "public projects" or
"maintenance work." However, nothing shall preclude the City from utilizing
more restrictive procedures.
(b) Informal Bidding Procedure. Public projects and maintenance work which
are in accordance with the limits established in Califomia Public Contract Code
Section 22032(b), may be let to contract by following the Act's informal
procedures. The informal procedures include the following:
(1) Contractors List. A list of contractors, identified according to
categories of work, shall be developed and maintained in accordance with
the provision of California Public Contract Code Section 22034, together
with any criteria promulgated by the Commission from time to time.
(2) Notice Inviting Bids. At least ten calendar days before bids are
due, a notice inviting informal bids shall be mailed to all contractors on
the list for the category of work being bid, and to all construction trade
journals specified pursuant to the requirements of California Public
Contract Code Section 22036; provided however.
(i) Additional contractors and trade journals may be notified at
the discretion of the Purchasing Manager.
(ii) If there is no list of qualified contractors maintained by the
City for the particular category of work to be performed, the notice
inviting bids shall be sent only to the construction trade journals
specified by the Commission.
(iii) If the product or service is proprietary in nature, such that it
can be obtained only from a certain contractor or contractors, the
notice inviting informal bids may be sent exclusively to those
contractor(s).
(3) The City Council may delegate the authority to award contracts
under this informal bidding procedure to the Purchasing Manager.
(4) If all bids received under this informal bidding procedure are in
excess of the limits provided in California Public Contract Code Section
22034(4), then, the City Council may award the contract consistent with
California Public Contract Code Section 22034(4).
(c) Formal Bidding Procedure. Public projects and maintenance work, which
are in accordance with the limits established in Public Contract Code Section
22032(c), shall, unless otherwise provided by the Act or by law, be let to contract
pursuant to the formal procedures set forth in Act.
(1) Notice Inviting Bids.
(i) Formal bids shall state the time and place for the receiving
and opening of sealed bids and distinctly describe the project. The
notice shall be published at least fourteen calendar days before the
date of opening the bids in a newspaper of general circulation
pursuant to the requirements of Public Contract Code Section
22037.
(ii) The notice inviting formal bids shall also be sent
electronically, if available, by either facsimile or electronic mail,
and mailed to all construction trade journals specified in Public
Contract Code Section 22036.
(iii) For circumstances not involving a public project, where
there is no construction trade journal for the maintenance work to
be procured, the notice inviting bids shall instead be made in
conformity with established procedures. All notices under this
paragraph shall be sent at least fifteen calendar days before the
date of opening the bids.
(iv) In addition to notice required by this Section, the City may
give such other notice as it deems proper.
(2) The City Council shall adopt plans, specifications and working
details for all public projects requiring the formal bid procedure, pursuant
to Public Contract Code Section 22034.
(d) Bid acceptance or rejection.
(1) Processing Bids. Sealed bids shall be subrnitted to the City Clerk
and shall be identified as bids on the envelope. It is the responsibility of
the bidder to ensure receipt of the bid document by the City Clerk by the
designated hour. Bids shall be opened in public at the time and place
stated in the public notice. A tabulation of all bids received shall be open
for public inspection during regular business hours for a period of not less
than thirty calendar days after the bid opening.
(2) Bid acceptance or rejection.
(i) Rejection of All Bids. In its discretion the Awarding
Authority may reject all bids presented, if the City, prior to
rejecting all bids and declaring that the project can be more
economically performed by City employees, furnishes a written
notice to the apparent low bidder. The notice shall inform the
bidder of the city's intention to reject the bid, and shall be mailed
at least two business days prior to the hearing where the bid will be
rejected. If after the first invitation of bids all bids are rejected,
after reevaluating its cost estimates of the project, the City may:
(A) Abandon the project or readvertise for bids; or
(B) Following passage of a resolution of the City
Council by a four-fifths vote stating the project can be
performed more economically by the employees of the
City, the City may have the project dune by force account
without further complying with the requirements of the
Act.
(ii) If a contract is awarded, it shall be awarded to the lowest
responsible bidder. If two or more bids are the same and the
lowest, the City may accept the one it chooses.
(iii) If no bids are received through the formal or informal
procedure, the project may be performed by the employees of the
City by force account or negotiated contract without further
complying with this article.
Section 2613. Procurement protest procedures
Procurements for public works projects, materials, supplies, goods and services shall be
protested in accordance with this Section. Protests not complying with the provisions of
this Section shall not be reviewed.
(a) Definitions. For the purposes of this Section:
(1) `Bid" includes "offer" and "proposal" in the context of formal,
informal, or negotiated procurements.
(2) "Days" mean business days unless otherwise indicated.
(3) "Filing date" or "submission date" means the final date for receipt
by the City Clerk or the Pu rchasing Manager of the City of Carson,
(4) "Interested party" means an actual bidder or offeror.
(5) "Procurement staff' means the Finance Director, designated
Purchasing Manager, City Engineer, community development director or
other department director initiating the procurement being requested, or
the designees of any of these persons.
(6) "Reviewing officer" means the City Manager or designee.
(7) "Mail" means any delivery service such as US mail, UPS or
FEDEX.
(b) Grounds for Protest. Any interested party may file a written protest on any
of the following grounds:
(1) The existence of a substantial defect, error or omission in the
solicitation documents issued by the City;
(2) Failure of the City to follow the procedures of this Chapter;
(3) Failure of the City to apply correctly the standards of review,
evaluation, or scoring of a bid or proposal as specified in the solicitation
documents therefor;
(4) Award of the contract by the City to a bidder other than on the
basis stated in the solicitation documents; or
(5) Such other grounds as would state a cause of action at law or in
equity.
(c) Disallowed Protest Grounds. Protests based on the following grounds shall
not be considered:
(1) An evaluator's professional ,judgment on the quality of a response;
or
(2) The proposer's assessment of the agency's needs or requirements;
or
(3) Any grounds other than those listed in Subsection (b) of this
Section.
(d) Protest Filing and Delivery. Pursuant to Section 261.0, a notice of intent to
award shall be issued prior to the award of contracts awarded in accordance with
Section 2610. Protests made in accordance with said section shall be processed in
accordance herewith. Protestors shall bear all costs of the protest other than salary
and personnel costs of City employees. Protests shall be filed with the City Clerk
in writing and hand delivered or sent by certified U.S. mail, return receipt
requested.
(e) Protest/Appeal Contents. Protest documents shall:
(1) Include the name, address, business telephone, email, and fax
number of the protestor;
(2) Identify the procurement or project under protest by name,
solicitation number, and submission date;
(3) Contain a concise statement of the grounds for protest and the facts
supporting such grounds, including all supporting documentation
(documentation submitted after filing will not be reviewed); and
(4) State the form of relief requested.
(f) Pre -Opening Protest Period—Solicitation Documents. Interested parties
wishing to protest City solicitation documents must do so before the final date to
accept bids and within five business days after the date the solicitation documents
are issued or amended.
(g) Post -Opening Protest Period. In cases of protests involving aspects of City
procurement other than solicitation documents, interested parties shall make such
protest within five business days after the notice of intent to award is mailed or
otherwise transmitted.
(h) Protest Process.
(1) Upon receipt of a timely protest, procurement staff shall review ail
the submitted materials and create and retain a written record of their
review. Not later than ten (10) days after receipt of the protest,
procurement staff shall respond in writing to the protest and to each
material issue raised in the protest.
(2) In the event of a timely protest, procurement staff shall not proceed
with the solicitation or award of the contract until all administrative
remedies have been exhausted unless the City Manager determines that the
award of a contract without delay is necessary to protect substantial
interests of the City.
(3) Procurement staff may elect, but are not obligated, to attempt to
resolve the protest with the affected parties. "Resolution' means the
formal withdrawal of a protest by the protestor, or written
acknowledgement of protest resolution signed by the City and the
protestor.
(4) If procurement staff attempts resolution, protestors shall be
notified in writing of the date on which their matters shall be considered
and shall be afforded an opportunity to present evidence for consideration
to the City and such technical or other staff as the City deems necessary.
(5) Procurement staff shall make a formal decision ("protest
determination') to deny or uphold the protest and shall notify the protestor
of that decision by mail, email or fax. The decision notification shall
include a statement that the protestor has the right to appeal the protest
determination to the City Council within three business days of the
decision notification.
(6) The award of contract shall be deferred until completion of the
protest procedure provided that if award of the contract is by the City
Council, the protest determination may be made by the City Council
concurrent with the decision to award the contract. The protestor shall be
given at least five days written notice of the date of the City Council
meeting to consider the award and the right to appear and be heard, but no
further appeal rights.
Section 2614. Disposition of Surplus Property.
(a) All City departments shall submit to the Purchasing Manager, at such
times and in such form as the Purchasing Manager shall prescribe, reports
showing all surplus property which is no longer needed or which has become
obsolete or worn out.
(b) The Purchasing Manager may dispose of surplus property by the following
methods:
(1) Competitive bidding under Section 2614(d);
(2) Public auction under Section 2614(e);
(3) Other methods of disposition under Section 2614(f), provided that
the Purchasing Manager determines that competitive bidding or auctioning
of such surplus property is infeasible, has not resulted in sale of such
surplus property, or will result in minimal return to the City.
(c) Competitive Bidding. If the Purchasing Manager elects to dispose of
surplus property by competitive bidding, the following procedures shall be used:
(1) Surplus property shall be sold to the highest bidder submitting a
sealed bid in response to a notice of sale by sealed bid.
(2) The Purchasing Manager shall cause to be published at least three
days before the sale, in a locally adjudicated newspaper, a notice setting
forth a general description of the surplus property to be sold; and the date,
time and location for submittal of sealed bids, which date shall not be less
than five calendar days following the last date of publication of the notice;
the location where the property may be inspected; any special terms or
conditions of sale; and the place, date and time when the bids will be
opened and tabulated.
(3) The Purchasing Manager shall accept the highest bid or may reject
all bids, and at a later date hold another public sale by competitive
bidding. However, if the disposition of such surplus property includes
capitalized equipment, then approval of the City Council shall also be
required prior to disposition of such capitalized equipment.
(d) Auction. If the Purchasing Manager elects to dispose of surplus property
by auction, the following procedures shall be used:
(1) If the auction of such surplus property includes capitalized
equipment, then the Purchasing Manager shall seek the approval of the
City Council prior to initiating disposition by auction.
(2) Surplus property shall be sold to the highest bidder at a public
auction conducted by a licensed auctioneer or through participation in a
cooperative auction of government agencies.
(3) The Purchasing Manager shall cause to be published at least three
days before the sale, in a locally adjudicated newspaper, a notice setting
forth a general description of the surplus personal property to be sold, and
the date, time and location of the auction. If the auction is part of a
cooperative auction, the notice given by or on behalf of the agency
coordinating the auction will satisfy the requirements of this subdivision
and no additional notice is required.
(4) The surplus property shall be sold to the highest bidder, provided
the bid exceeds the minimum bid price, if any.
(5) All surplus property shall be sold "as -is" without warranty express
or implied.
(6) The Purchasing Manager may contract with a professional
auctioneer and allow a flat fee, hourly fee or percentage of the amount of
the sale to be paid based upon that which is common and customary
method and rate for such auctioneering services.
(e) Other Methods of Disposition. The Purchasing Manager, when, in his or
her judgment that the competitive bid or auction of surplus property is infeasible,
has not resulted in sale of such surplus property, or will result in minimal return to
the City, may dispose of such surplus property by:
(1) Donation to any other governmental organization, nonprofit group
or corporation exempt from federal takes pursuant to Internal Revenue
Code Section 501(c)(3) located within or serving the City of Carson.
Surplus property shall only be donated upon approval of the City Council;
or
(2) Sending to a recycling or waste disposal facility.
(3) However, to the extent that the disposition of such surplus property
includes capitalized equipment, then approval of the City Council shall
also be required prior to disposition of such capitalized equipment.
(f) The Purchasing Manager shall keep a written record of surplus property
sold or donated pursuant to this Chapter. If the property was sold, the record shall
include the price or other consideration paid and the identity of the purchaser. If
the property was donated, the record shall include the identity of the donee.
(g) Unless otherwise provided, all proceeds from sale or auction of surplus
property will be deposited into the city's general fund. Proceeds from sale of
enterprise, federal, grantor other special designation property will be reimbursed,
less prorated selling expenses to the appropriate fund, after completion of each
sale.
Section 2615. Employee Conflict of Interest Prohibited.
(a) It shall be unethical for any City employee or City official to participate
directly or indirectly in a procurement contract when the City employee or official
knows that:
(1) The City employee or official, or any member of the City
employee's or official's immediate family has a financial interest
pertaining to the procurement contract; or
(2) Any other person, business, or organization with whom the City
employee or official, or any member of the City employee's or official's
immediate family is negotiating or has an arrangement concerning
prospective employment is involved in the procurement contract.
(b) No City employee or City official may purchase any surplus property from
the City.
Section 2616. Services performed by City Employees
Nothing in this Chapter shall preclude the City from utilizing its employees from
performing work or services.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance, or the application thereof to any person or circumstances, is, for any reason, held
invalid or unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any other provision or application, and to this end the
provisions of this ordinance are declared to be severable. The City Council hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
second reading and adoption.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance, and shall
cause the same to be posted and codified in the manner required by law.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this
7`h day of February, 2017
A
T J.)
CITY CLERK DONESIA GAUSE
AS TO FORM:
1
K. S OLTANI
I, Donesia L. Gause, City Clerk of the City of Carson, California, hereby attest to and certify that
the foregoing ordinance, being Ordinance No. 17-1609, adopted by the Carson City Council at
its meeting held on the 7th day of February, 2017, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Robles, Davis -Holmes, Santarina, Hicks, Hilton
None
None
None
Donesia L. Gause, City Clerk r