Contracting Practices, City of San Carlos Issue

Conclusions 8

• CL1 Page 4
  No other design or performance specification or qualified products list is available; 4 2. Time does not permit the preparation of another form of purchase description, not including a brand name specification; 3. The nature of the product or the nature of the City’s requirements makes use of a brand name or equal specification suitable for the procurement; or 4. Use of a brand name or equal specification is in the City’s best interest. B. Designation of Several Brand Names.
• CL2 Page 5
  Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. 3.12.120 Preference given to bidder(s) supplying recycled paper and paper products. The Administrative Services Director shall provide a preference to the suppliers of recycled paper or paper products as defined in Section 10855 of the Public Contract Code equal to five percent of the lowest bid or price quoted by suppliers offering unrecycled paper or paper products, provided the recycled paper is compatible with City equipment and when fitness and quality are comparable to nonrecycled paper products. 3.12.140 Purchases of less than five hundred dollars. Where the cost is less than five hundred dollars the purchase of supplies or nonprofessional services or professional services may be made without an informal or formal quote or bid process. 3.12.150 Purchase of five hundred dollars to five thousand dollars. Where the cost is from five hundred to five thousand dollars, the purchase of supplies or non-professional services or professional services shall be made by the Administrative Services Director by informal quote. At least three vendors shall be contacted or three price checks made, except where three or more vendors are found not to exist. 3.12.160 Purchase of five thousand and one dollars to fifty thousand dollars made through formal written quote. Where the cost involved is at least five thousand and one dollars and up to fifty thousand dollars the purchase of supplies or non-professional services shall be made by the Administrative Services Director through formal written quotation with at least three (3) quotes obtained for a proper comparison of prices, except where three or more vendors are found not to exist. 3.12.170 Purchase of fifty thousand and one dollars or more made by the City Council through competitive bid. Where the cost involved is at least fifty thousand and one dollars, the purchase of supplies or non-professional services shall be made by the City Council through competitive bid, upon notice as hereafter required in Section 3.12.210 of this chapter with at least three (3) bids being obtained for a proper comparison of prices, except where three or more vendors are found not to exist. Provided, however, the Council may elect to make any purchase without competitive bid in any amount (except as the laws of the State of California otherwise require) in the following cases: 5 A. By affirmative vote of three Council persons upon a determination that competitive bids upon notice would cause unnecessary expense or delay under the circumstances; B. By affirmative vote of three Council persons on a finding that a purchase may be made through a governmental entity, as provided in Section 3.12.200. C. By affirmative vote of three Council persons upon a finding that there is only one source for the required supply or service based on a review of available sources by the Administrative Services Director and he/she making a written recommendation therefore. D. By majority vote of a quorum of Council persons present at a Council meeting upon a determination that the immediate preservation of the public peace, health or safety requires said purchase be made without competitive bids upon notice; 3.12.180 Emergency authority of City Manager and Administrative Services Director. A. In an emergency requiring the immediate preservation of the public peace, health and/or safety, the City Manager or Administrative Services Director may purchase supplies or services up to $50,000 without complying with the purchasing procedures set forth in Sections 3.12.150 through 3.12.160. B. Where emergency conditions as set forth in A. above exist and the amount(s) in question exceeds $50,000, and the City Council is unable or unavailable to meet in the time necessary to act, then the City Manager or the City Manager’s designee shall have the authority to purchase supplies or services in excess of $50,000 without complying with the provisions of Section 3.12.170. C. At the next succeeding Council meeting following such an emergency, the City Manager or the Administrative Services Director shall submit to the Council a written statement of the circumstances of such emergency, a description of the supplies or services purchased, and the prices thereof. 3.12.190 Waiver of informalities - Rejection of bids. Where the Administrative Services Director or City Council is required to make purchases of non-professional supplies or services upon competitive bids, the Administrative Services Director or Council may waive any informalities or minor irregularities, or may reject any and all bids (anything herein contained to the contrary notwithstanding) if said Administrative Services Director or Council deems said rejection to be in the best interests of the City. Said rejection shall be at the sole discretion of the Administrative Services Director or Council, as the case may be. 3.12.200 Purchase through a governmental entity. Purchases may be made on behalf of the City through any governmental entity (including, but not limited to, the State of California or the County of San Mateo) pursuant to authority granted by any statute or ordinance or pursuant to contractual arrangement between the City and said governmental entity. The City is authorized and empowered to enter into contracts with other governmental entities providing for purchases to be made on behalf of the City. 3.12.210 Competitive bids - Notice. Where notice is required, notice shall be given at least fifteen (15) days prior to bid opening as follows: A. For purchase under Section 3.12.170 of supplies or non-professional services by: 6 1. Posting notice at City Hall.
• CL3 Page 7
  Sending (by e-mail or regular mail) notice to any person or entity requesting such notices and to whom the Administrative Services Director determines such notice should be sent.
• CL4 Page 7
  Publishing a notice in a newspaper of general circulation in the City of San Carlos at least fifteen (15) days prior to the date set for final receipt of bids. B. The notice shall give such information as to the proposed purchase or disposal as the Administrative Services Director deems sufficient but shall include the following: 1. A general description of the supplies or services to be purchased or personal property to be disposed; 2. Date, time and place of bid opening; 3. Whether bid deposit or bond and faithful performance bond will be required. (Ord. 1178 § 2 (part), 1995) 3.12.220 Competitive bids - Consideration. Where competitive bids are required, they shall be submitted in writing in a sealed envelope at the office of the Administrative Services Director no later than the final time and date for the receipt of bids as set forth in the notice and opened publicly. Where competitive bids are required, the purchase shall be made on the basis of three or more of said bids unless the Administrative Services Director shall certify in writing that less than three prospective vendors or purchasers have submitted bids or that, to the best of the Administrative Services Director’s knowledge, there are less than three prospective vendors from whom the supplies or services are available and that bids were invited from all of said vendors. Any bid may be withdrawn by a written request signed by the bidder and received by the Administrative Services Director prior the final time and date for the receipt of bids. A. Opening. Bids shall be opened in public at the time and place stated in the public notices. B. Tabulation. A tabulation of all bids received shall be available for public inspection. 3.12.240 Faithful performance deposits. When deemed necessary by the Administrative Services Director or City Council, any person entering into a contract with the City may be required to furnish a faithful performance deposit or bond in an amount determined by the Administrative Services Director or Council. Said person (and his or her surety, if a bond is furnished) shall be liable for any damages upon said person’s failure to faithfully perform the terms or his or her contract. 3.12.250 Additional powers and duties of Administrative Services Director. A. The Administrative Services Director is empowered to invite bids by telephone, e-mail or by regular mail or fax when deemed in the best interests of the City. 7 B. The Administrative Services Director shall keep a record of all purchases of supplies and services made and the bids, if any, submitted thereon. Said records shall be open to public inspection. 3.12.260 Service Contracts - Professional Services A. Solicitation and Selection Criteria 1. Solicitation and selection of professional services, including but not limited to private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management, legal, accounting or planning firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and on fair and reasonable prices.
• CL5 Page 4
  No other design or performance specification or qualified products list is available; 4
• CL6 Page 5
  Time does not permit the preparation of another form of purchase description, not including a brand name specification;
• CL7 Page 5
  The nature of the product or the nature of the City’s requirements makes use of a brand name or equal specification suitable for the procurement; or
• CL8 Page 5
  Use of a brand name or equal specification is in the City’s best interest. B. Designation of Several Brand Names.