Chapter 5.01
CONTRACTS – IN GENERAL
Sections:
5.01.030 Purchasing Officer designated and duties established.
5.01.010 Purpose.
The purpose of this title is to:
A. Establish efficient procedures for the purchase or lease of services, supplies, materials and equipment at the lowest feasible cost, taking into consideration the necessary level or quality and the benefit of supporting local businesses;
B. Ensure that there is accountability and control over purchases by the City; and
C. Clearly define the authority for purchasing function on behalf of the City. [Ord. 13-010 § 1.]
5.01.020 Definitions.
For purposes of this title, and except where otherwise expressly defined in a chapter or section thereof, the following words and phrases shall have the following meanings respectively ascribed to:
“Bid security” shall mean an amount the City may require bidders to deposit pursuant to DMC 5.02.070 with a bid.
“Bidder” shall mean a person, firm or entity that submits a bid to the City in response to the City’s solicitation of bids under the formal bidding procedure provided in Chapter 5.02 DMC.
“Change order” shall mean an order to change the amount of work to be done on a public works contract.
“City Manager” shall mean the City Manager of the City of Dixon or a City employee specifically designated to act for the City Manager.
“Formal bidding procedure” shall mean the City’s competitive bidding procedure as set forth in DMC 5.02.040.
“Informal bidding procedure” shall mean a competitive bidding procedure established by the Purchasing Officer which shall require reasonable efforts to obtain bids from multiple vendors prior to purchasing supplies or nonprofessional services.
“Local business” or “local vendor” shall mean a person, firm or entity authorized to do business in the City, which has a fixed and substantial place of business within the City, a majority of its full-time work force located within the City, and has had a City business license continuously for at least twelve (12) consecutive months.
“Nonprofessional services” shall mean and include services of a nonprofessional character of any type, description or variety including, but not limited to, tree trimming services, janitorial services, repair services for office machines and equipment, and automotive vehicles and other similar services which do not involve professional services.
“Professional services” shall mean and include professional services of any type or variety, including, but not limited to, services that require special licenses or certifications, or services rendered by engineers, architects, auditors, consultants, actuaries and attorneys.
“Professional services” shall mean services such as, but not limited to, the services of attorneys, physicians, architects, engineers, and other consultants, individuals or organizations possessing special licenses, certifications, or a high degree of technical skill.
“Public project” shall have the same meaning as is ascribed to it by Cal. Pub. Cont. Code § 20161.
“Public works contract” shall mean the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
“Purchase” shall mean the purchase, rental, or lease of supplies or services.
“Purchasing Officer” shall mean the City Manager as designated in DMC 5.01.030.
“Real property” shall mean and include all interests in real property, including, but not limited to, fee title to real property and easements affecting real property, but shall not include leasehold interests except in conjunction with the purchase of other interests in real property.
“Responsible bidder” shall mean a person or entity who has the capability in all respects to fully perform all contract requirements and who is permitted to do so under local, State, and Federal law. A responsible bidder has adequate financial responsibility, resources, judgment, skill, ability, capacity and integrity to perform all aspects of the contract, taking into consideration the criteria set forth in DMC 5.02.050.
“Responsive bid” shall mean an offer, submitted by a responsible bidder to furnish supplies or services in conformity with the specifications, delivery terms and conditions and other requirements included in the invitation for bids.
“Supplies” shall mean and include supplies, goods, equipment and materials, excluding supplies or materials required for the maintenance or repair of any street, sewer or water work which are subject to competitive bidding as a public project under the California Public Contract Code. [Ord. 13-010 § 1.]
5.01.030 Purchasing Officer designated and duties established.
A. The City Manager is designated as Purchasing Officer for the City.
B. The Purchasing Officer shall have the authority to:
1. Make, enter into and execute agreements or contracts on behalf of the City when authorized to do so by City Council resolution or ordinance;
2. Through writing, delegate his or her authority to execute such contracts, or to make and execute such contracts, to other officers or employees of the City, when authorized to do so by City Council resolution or ordinance;
3. Purchase, or contract for the sale or lease of, supplies or nonprofessional services required by the City in accordance with purchasing procedures established in this title and other applicable law;
4. Negotiate and recommend execution of contracts for purchase or lease of supplies or nonprofessional services in accordance with purchasing procedures established in this title and other applicable law;
5. Act to procure for the City the necessary quality of supplies or nonprofessional services in accordance with the provisions of this chapter and other applicable law;
6. Prepare and recommend to the City Council amendments to the purchasing rules;
7. Establish and maintain such forms as reasonably necessary to the purchasing function and maintain other records necessary for the efficient acquisition of supplies or nonprofessional services;
8. Supervise the inspection of all supplies or nonprofessional services purchased or leased by the City to ensure conformance with specifications;
9. Recommend and oversee the sale or disposal of all supplies or nonprofessional services which cannot be used by the City, or which have become unsuitable for City use;
10. Maintain a bidders’ list, including a local bidders’ list that identifies businesses and service providers that have an established place of business within the City and that have had a City business license for at least twelve (12) months.
C. Purchase agreements up to an amount of twenty-five thousand dollars ($25,000.00) may be authorized and executed by the Purchasing Officer. Purchase agreements of more than twenty-five thousand dollars ($25,000.00) shall be authorized by the City Council. [Ord. 13-010 § 1.]