Chapter 2.68
CONTRACTS AND PURCHASING*
Sections:
Article I. General
2.68.100 Purpose and application.
2.68.110 Purchasing policy and implementing procedures.
2.68.120 General procedural requirements for contracts.
2.68.130 Definitions.
2.68.140 Purchasing oversight.
2.68.150 Purchasing responsibilities of department heads.
Article II. Contract Approval Authority
2.68.200 City Council approval required.
2.68.210 Budget appropriation required.
2.68.220 Contract approval authorities.
2.68.230 Contract amendment approval authorities.
2.68.240 Contingency.
2.68.250 Delegation of contract approval authorities.
2.68.260 Discretion to not award a contract.
Article III. Solicitation Procedures
2.68.300 General procedural requirements.
2.68.310 Contracts for goods and services up to $10,000.
2.68.320 Contracts for goods and general services greater than $10,000 and up to $100,000 (informal solicitation).
2.68.330 Contracts for goods and general services greater than $100,000 (competitive bidding).
2.68.340 Contracts for professional services.
2.68.350 Competitive negotiation following a request for proposals.
2.68.360 Exceptions to, and exemptions from, solicitation procedures.
2.68.370 Contracts for goods and services procured through cooperative purchasing arrangements.
Article IV. Emergency Contract Approval Authority and Procedures
2.68.400 Emergency procurement authority.
2.68.410 Emergency procurement procedures.
Article V. Public Projects
2.68.500 Public project contracting procedures.
2.68.510 Bid splitting prohibited.
2.68.520 Contractors list.
2.68.530 Informal bidding – Notice.
2.68.540 Formal bidding – Notice.
2.68.550 Exceptions.
2.68.560 Contracts for maintenance and other work.
2.68.570 Award of public works contracts.
2.68.580 Rejection of bids.
2.68.590 Change orders to public works contracts.
2.68.595 Approval of plans, specifications, and designs.
Article VI. Additional Requirements
2.68.600 Leasing of equipment and personal property.
2.68.610 Inspection and testing.
2.68.620 Surplus supplies and equipment.
2.68.630 Ethics.
2.68.640 Environmentally preferable purchases.
*Prior legislation: Ords. 1450, 1556, 1578, 1637, 1642, 1746, 1780, 1895, 1908, 1931, 1971, 1994, 2016, 2033, 2043, 2045, 2063, 2065, 2068, 2069, 2082.
Article I. General
2.68.100 Purpose and application.
The purpose of this chapter is to:
A. Clearly define authority for the city’s purchasing function and delegate authority to persons to sign city contracts to procure goods and services, and for public projects;
B. Establish efficient procedures to award and sign city contracts to procure goods, general services, and professional services;
C. Establish efficient procedures to award and sign public works contracts for the city;
D. Ensure city contracts for goods, general services, and public projects are awarded at the lowest possible cost commensurate with quality needed;
E. Ensure contracts for qualified professional services are awarded to qualified consultants at the lowest possible cost commensurate with quality needed, and all contracts for professional services are awarded to the consultants best able to provide the needed services at a cost commensurate with the quality needed;
F. Ensure the quality of the goods and services purchased by the city is fit for their intended purpose; and
G. Exercise positive financial control over city procurement contracts.
Except as otherwise provided herein, this chapter applies to all city contracts goods, services, and public projects, but it does not apply to other city contracts. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.110 Purchasing policy and implementing procedures.
Other relevant provisions of law or regulation notwithstanding, this chapter establishes the city’s purchasing policy. For operational efficiency and effectiveness, the City Manager is directed to prepare administrative regulations to implement the provisions of this chapter in coordination with the Administrative Services Director and the City Attorney, or their respective designees. In the event of a conflict between the administrative regulations and the provisions of this chapter, the provisions of this chapter shall govern. In the event of a conflict between this chapter and a state or federal law, the provisions of the state or federal law shall govern. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.120 General procedural requirements for contracts.
A. All city contracts for goods, services, and public projects shall conform with the procedural requirements set forth in this chapter to solicit, award, and sign contracts for the city, except as otherwise specified elsewhere in the LMC, or in state or federal law.
B. The general procedural requirements for all city contracts for goods, services, and public projects are as follows:
1. All city contracts for goods, services, and public projects shall be in writing and shall be awarded as set forth in this chapter and signed in the name of the city by the body or person with the appropriate approval authority. Oral contracts are specifically prohibited and shall not be binding on the city;
2. As applicable, all city contracts for goods, services, and public projects must include appropriate insurance provisions as required by the city’s Risk Manager or their designee, and indemnity provisions as required by the City Attorney or their designee;
3. As applicable, all public works contracts must include the appropriate bonds or other security as required by the California Civil Code, the California Public Contracts Code, and other applicable law and regulation for the public work, in the maximum amounts allowed by law, as well as warranty and maintenance bonds specified by the City Manager in the administrative regulations for public projects;
4. All city contracts for goods, services, and public projects must be approved as to form by the City Attorney or their designee, all bonds or security for public projects must be approved as to form by the City Attorney or their designee, and all insurance certificates must be approved as to form by the Risk Manager or their designee;
5. A signed original of each city contract for goods, services, and public works shall be filed with the city clerk’s office, except for purchase orders that shall be filed in the Administrative Services Department as directed by the Administrative Services Director;
6. For operational efficiency and effectiveness, the City Manager or their designee may, in coordination with the City Attorney and Risk Manager, establish the conditions for the use of purchase orders or other efficient forms or methods of procurement in place of, or in addition to, duly signed written contracts, which conditions shall be reflected in the administrative regulations; and
7. When a city contract for goods, services, or a public project is funded by money the city receives through assistance, contract funding, grant funding, or other governmental sources provided by a county, regional, state, or federal government, then the procurement shall be conducted in accordance with mandatory applicable county, regional, state, and federal laws and regulations. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.130 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Administrative Services Director” means the Administrative Services Director of the city who is the city’s purchasing agent pursuant to LMC 2.28.030.
B. “Amendment” means any change to a contract.
C. “Best value” means the best overall value to the city for goods, general services, and qualified professional services contracts based on all factors, including, but not limited to, the following:
1. Total cost;
2. The ability, capacity, and skill of the consultant, contractor, or vendor to provide the desired goods and services;
3. The ability of the consultant, contractor, or vendor to provide the desired goods and services promptly or within the time specified without delay or interference;
4. The character, integrity, reputation, judgment, experience, and efficiency of the consultant, contractor, or vendor;
5. The quality of the consultant, contractor, or vendor’s performance on previous purchases or contracts with the city or requested references;
6. The consultant’s demonstrated competence for qualified professional services contracts; and
7. The ability of the consultant, contractor, or vendor to provide future maintenance, repair, parts, and services for the use of the supplies purchased.
D. “Change order” means an amendment to a public works contract that changes the contract’s scope of work to be performed, the amount of time to complete the work, the compensation to be paid for materials, labor, or equipment, and other material terms, conditions, and aspects of work.
E. “Consultant” means the party to a contract who is providing professional services to the city.
F. “Contract” for the purpose of this chapter means any formal written agreement between the city and a consultant, contractor, or vendor that creates mutual obligations that are enforceable by law. The basic elements for a contract are mutual assent, a valid offer and acceptance, consideration, capacity, and legality. For the purposes of this chapter, the terms “contract” and “agreement” are synonymous, and the term “contract” includes, but is not limited to, a purchase order, blanket purchase order, contract for general services, contract for professional services, contract for maintenance, leasing agreement for personal property or equipment, letter agreement, memorandum of agreement, and an amendment to any of those documents. The term “contract” does not include memorandums of understanding that do not create mutual obligations that are enforceable by law.
G. “Contractor” means the party to a general services contract who is providing general services to the city, and the party to a public works contract with the city for a public project.
H. “Demonstrated competence” means the ability to apply, and prior experience applying, the knowledge and skills required to perform the critical functions specified in the scope of work for a professional services agreement.
I. “Emergency” means 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 as defined by California Public Contract Code Section 1102, and the conditions defined as an “emergency” in LMC 2.56.020.
J. “General services” means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including but not limited to the following, but does not include work on a public project:
1. “Maintenance work” as defined by California Public Contract Code Section 22002, as it may be amended from time to time, which includes all of the following:
a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
b. Minor repainting.
c. Resurfacing of streets and highways less than one inch.
d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher;
2. Repair, modification, and maintenance of city equipment and technology products;
3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city goods;
4. Providing other miscellaneous services to facilitate city operations;
5. Performing repair, demolition, or other work required to abate nuisances;
6. Licensing software;
7. Leasing of equipment and personal property for use by the city as set forth in LMC 2.68.600; and
8. A maintenance agreement for equipment owned or leased by the city.
K. “Goods” means and includes all such supplies, materials, equipment, personal property, and other items purchased for the city for its operations, but “goods” does not include items furnished for a public project. The term “goods” also includes equipment and personal property leased by the city as set forth in LMC 2.68.600.
L. “Low bid” means the bid with the lowest compensation amount proposed by a responsive bidder to a contract solicitation.
M. “Lowest responsive and responsible bidder” means the bidder for a public works contract who submits a bid that conforms to the material requirements set forth in the city’s solicitation document and who has also demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the work required.
N. “Professional services” means the services of a specially trained and experienced person, firm, or corporation for special services in financial, economic, accounting, engineering, legal, and administrative matters within the scope of California Government Code Section 37103 as it may be amended from time to time, as well as similar services and other services, such as medical services, that require special training, experience, and educational certifications. “Professional services” shall also include contracts with providers of temporary personnel services.
O. “Public project” means a public project as defined by California Public Contract Code Sections 20161 and 22002, as those statutes may be amended from time to time, and includes the following:
1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
2. Painting or repainting of any publicly owned, leased or operated facility.
3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.
P. “Public works contract” means a city contract for a public project.
Q. “Qualified professional services” means architectural, landscape architectural, engineering, land surveying, and construction management services that are covered by California Government Code Section 4525 et seq., as those statutes may be amended from time to time, and that are required to be procured on the basis of demonstrated competence and professional qualifications.
R. “Responsible bidder” means a bidder for a public works contract who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the work required.
S. “Responsive bidder” means a bidder for a contract for goods, services, or qualified professional services whose submitted bid conforms to the material requirements set forth in the city’s solicitation documents.
T. “Single source” means a consultant, contractor, or vendor of goods or services that are available from more than one source, but there is a compelling and justifiable reason, such as product standardization, to select a single consultant, contractor, or vendor.
U. “Sole source” means a consultant, contractor, or vendor who, to the best of the city’s knowledge based upon thorough research, is the only one capable of providing the city’s required goods or services solicited for the city’s needs and circumstances.
V. “Technology product” means hardware, software, and communications equipment, as well as related equipment or goods that incorporate any such items.
W. “Vendor” means the party to a contract who is selling goods, or leasing equipment or personal property, to the city. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.140 Purchasing oversight.
The Administrative Services Director shall oversee and facilitate compliance with this chapter and the corresponding administrative regulations, including:
A. Staying informed of current developments in the field of purchasing;
B. Staying informed of the procurement needs in the city’s departments;
C. Prescribing and maintaining such forms as are reasonably necessary to the operation of this chapter and the purchasing policy;
D. Recommending updates to this chapter and making revisions to the administrative regulations, as needed;
E. Evaluating and recommending to the appropriate approval authority organization structures in city departments and divisions that optimize the procurement function; and
F. Coordinating the purchasing of goods and services that will be used by multiple city departments where feasible and practical. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.150 Purchasing responsibilities of department heads.
Each department head shall be aware of the procurement needs within their respective departments, and shall ensure that all city contracts for goods, services, and public projects for their respective departments are made in compliance with this chapter. The Community Development Director has the additional responsibility for ensuring the City Engineer complies with this chapter for public works contracts. Each department head shall ensure the persons preparing contracts for goods and services within their respective departments comply with the following:
A. Prepare solicitation materials, as needed, for each procurement;
B. Make a good faith estimate of the compensation amount for each procurement to determine the appropriate solicitation procedure;
C. Ensure that the proper solicitation procedure is followed based on the estimated compensation amount for the procurement;
D. Evaluate received bids or proposals in accordance with the selection criteria and process described in this chapter and the administrative regulations;
E. Ensure that each contract for goods and services is awarded consistent with the requirements in this chapter and the administrative regulations;
F. Ensure that sufficient funds are appropriated to pay the compensation amount specified in the contract;
G. Ensure that the consultant, contractor, or vendor selected for the contract award has obtained appropriate insurance certificates with endorsement meeting the contract requirements, as applicable, before the contract is signed for the city, and thereafter maintains appropriate insurance certificates at all times during the term of the agreement;
H. Ensure that the consultant, contractor, or vendor selected for the contract award has obtained an appropriate city business license before the contract is signed for the city, and thereafter maintains an appropriate business license all times during the term of the agreement;
I. Ensure that each contract for goods and services is signed by the consultant, contractor, or vendor before it is signed for the city;
J. Ensure that each contract for goods and services is signed for the city by a person or body with appropriate approval authority based on the contract’s compensation amount;
K. Inspect goods, general services, equipment, and personal property delivered to the city to ensure their conformance with the contract specifications;
L. Inspect all equipment and personal property leased to the city to ensure it is in a fit and satisfactory condition for the city’s use and is free from defect so that it may be safely used for its intended purpose;
M. Monitor the performance of consultant, contractor, or vendor under approved contracts to ensure compliance with contract requirements;
N. Recommend and prepare contract amendments as needed and ensure that the amendments are approved and signed by a person or body with appropriate approval authority, and that sufficient funds are appropriated to pay for the compensation specified by the amendment;
O. Ensure that due diligence is performed before preparing a written justification for submission to the Administrative Services Director requesting an exception pursuant to LMC 2.68.360(B) to forgo an informal solicitation or a competitive purchase process for a sole source or single source contract in accordance with this chapter and the administrative regulations;
P. Take reasonable steps to avoid conflicts of interest in the purchasing process;
Q. Keep sufficient records of all departmental contracts and expenditures and ensure that such records are properly filed and stored in accordance with the city’s records retention schedule; and
R. Submit reports to the Administrative Services Director showing all departmental supplies and equipment that are no longer used or have become obsolete or worn out so that the City Manager or their designee can transfer surplus or unused goods between departments, or sell, exchange, or trade in such supplies and equipment, if desired. (Ord. 2159 § 3 (Exh. A), 2024)
Article II. Contract Approval Authority
2.68.200 City Council approval required.
City Council approval is required for all city contracts for goods, services, and public projects unless otherwise specified in this chapter, the LMC, or in another provision of federal or state law. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.210 Budget appropriation required.
No city contract for goods, services, or public projects shall be awarded or signed for the city unless there exists an underlying and unencumbered budget appropriation in the fiscal year that the contract is awarded and signed. Contracts awarded in a fiscal year that are anticipated to extend into a subsequent fiscal year or years may be awarded by a person or body with the appropriate approval authority for the total compensation amount specified in the contract, but the contract shall be subject to the appropriation requirements specified in this section for subsequent years. Absent an existing unencumbered budget appropriation at the time of contract award, then a supplemental appropriation by the City Council is required before the city contract can be awarded and signed for the city. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.220 Contract approval authorities.
A. General. All city contracts for goods, services, and public projects shall only be awarded and signed by a person or body with the appropriate approval authority for the city as set forth in this section or as otherwise authorized by City Council resolution. Likewise, all amendments to contracts for goods and services, and all change orders to public works contracts, shall only be signed by a person or body with the appropriate approval authority as set forth herein.
B. Approval Authority. The authority to award, approve, and sign city contracts for goods, services, and public works projects for the city is as follows:
1. City Council. The City Council shall be the contract approval authority to award the following contracts by resolution, and may duly authorize a city officer or employee to sign the contracts for the city after City Council approval:
a. Contracts for goods and services that have a compensation amount greater than $200,000.
b. Public works contracts resulting from formal bidding procedures greater than the amount specified in California Public Contract Code Section 22032(c), as set forth in LMC 2.68.540, and change orders to public works contracts consistent with LMC 2.68.590.
2. City Manager. The City Manager shall be the contract approval authority for:
a. Contracts for goods and services that have a compensation amount up to $200,000, and amendments to contracts for goods and services as set forth in LMC 2.68.230.
b. Public works contracts for resulting from informal bidding procedures up to the amount specified in California Public Contract Code Section 22032(b), as set forth in LMC 2.68.530, and change orders to public works contracts consistent with LMC 2.68.590.
c. Goods and services contracts, the cost of which will be fully paid or reimbursed to the city, regardless of the compensation amount.
d. Contracts with public agencies or public utility companies regarding construction of public improvements or utility facilities, or for community social or recreational services, or for the use of city property or facilities in accordance with established administrative regulations and guidelines, which require no payment of money by the city in excess of $200,000 or which provide for payment of money to the city under each contract.
e. The City Manager’s authority to enter into contracts and other documents for the city to settle litigation, government claims, and administrative proceedings is set forth in Chapter 3.40 LMC.
f. For operational efficiency and effectiveness, the City Manager may:
i. Delegate the approval authorities specified in this subsection to department heads as set forth in LMC 2.68.250, which delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations.
ii. Approve, or delegate the approval, for the assignment of city contracts by a consultant, contractor, or vendor to a respective successor upon determining that the successor has the qualifications to satisfy the contract’s requirements and the successor has been assigned and has assumed all responsibilities in the contract owed to the city. Delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations, and all assignment approvals shall be in writing and retained with the contract.
iii. Approve, or delegate the approval, for a consultant, contractor, or vendor’s use of a subcontractor. Delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations, and all subcontractor approvals shall be in writing and retained with the contract.
3. City Attorney. The City Attorney shall be the contract approval authority for:
a. Contracts for goods and services related to the activities or functions of the office of the City Attorney that have a compensation amount up to $150,000, and amendments to those contracts consistent with LMC 2.68.230.
b. Contracts to appoint and retain outside legal counsel to prosecute lawsuits for the city or defend the city against lawsuits regardless of the compensation amount but subject to budget appropriation. The City Attorney’s authority to enter into contracts and other documents for the city to settle litigation, government claims, worker’s compensation claims, and administrative proceedings is set forth in Chapter 3.40 LMC.
c. Contracts for the city’s membership in public agencies organized and operating under California Government Code Section 6507 and related provisions of law that authorize the creation and operation of governmental joint powers authorities under California law to self-insure and pool resources for excess losses, regardless of the compensation amount but subject to budget appropriation.
d. Contracts for insurance to protect and cover city facilities and operations, and for trust accounts maintained to satisfy the city’s trust fund requirements for its excess liability pools, regardless of the compensation amount but subject to budget appropriation.
4. Administrative Services Director. The Administrative Services Director shall be the contract approval authority for:
a. Contracts for goods and general services that have a compensation amount up to $150,000, and amendments those contracts consistent with LMC 2.68.230.
b. Contracts for professional services that have a compensation amount up to $100,000, and amendments those contracts consistent with LMC 2.68.230. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.230 Contract amendment approval authorities.
A. All contract amendments must be in writing, signed by a person or body with the appropriate approval authority specified in LMC 2.68.220, and properly filed and stored with the original contract in accordance with the city’s records retention schedule. Oral contract amendments are specifically prohibited and shall not be binding on the city.
B. All amendments to contracts for goods and services, and change orders to public works contracts, shall be approved by the City Council or an officer or employee with the appropriate approval authority as set forth in either: (1) LMC 2.68.220 based upon the compensation amount in the amended contract, or as set forth; or (2) based upon the authority duly authorized by the City Council by resolution. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.240 Contingency.
To account for unforeseen conditions that may impact the scope of work, pricing offered, quantity of goods or terms in a contract for goods and services, the City Manager has authority for an additional contract contingency amount not to exceed $20,000, which is in addition to the approval authority set forth in LMC 2.68.220, that may be used in the City Manager’s discretion to approve an amendment to a contract for goods and to ensure successful contract completion. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.250 Delegation of contract approval authorities.
The contract approval authorities set forth in LMC 2.68.220 may be delegated as follows:
A. The City Manager may delegate contract approval and amendment authority in writing to a department head or other city employee if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the City Manager’s contract approval authority in LMC 2.68.220.
B. The City Attorney may delegate contract approval and amendment authority in writing to other employees in the City Attorney’s office if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the City Attorney’s contract approval authority in LMC 2.68.220. However, the City Attorney may only delegate the authority to review and approve contracts, bonds, or security as to form to attorneys within the City Attorney’s office or otherwise designated by the City Attorney.
C. The Administrative Services Director may delegate contract approval and amendment authority in writing to other employees in the Administrative Service Department if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the Administrative Services Director’s contract approval authority in LMC 2.68.220. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.260 Discretion to not award a contract.
Nothing in this chapter requires the city to award a contract for goods, services, or public works if the person or body with the appropriate approval authority for the contract determines, in that person or body’s discretion, that the award of the contract is not in the best interest of the city, and that person or body rejects all bids. (Ord. 2159 § 3 (Exh. A), 2024)
Article III. Solicitation Procedures
2.68.300 General procedural requirements.
A. Prior to contracting for goods and services, the department head or their designee for the initiating department shall:
1. Be responsible for conducting solicitations for needed goods or services, except as otherwise specified by the City Manager or Administrative Services Director or as specified in the administrative regulations;
2. Make a reasonable and good faith estimate of the anticipated compensation amount to be paid for the goods and services, which estimate shall be filed in the department’s procurement file;
3. Ensure solicitation is conducted in strict accordance with the procedures established in this article, Solicitation Procedures, and the administrative regulations;
4. Ensure all solicitations are in writing. Oral quotes, bids, or proposals shall not be accepted;
5. Ensure the documents and instructions to be used for soliciting bids, proposals, or price quotations shall be those provided and required by the Administrative Services Director;
6. If submitted bids or proposals exceed the compensation amounts for the solicitation procedures used for the contract, conducting a new solicitation if directed by the City Manager or Administrative Services Director; and
7. Ensuring procurements are not split or separated into smaller components for the purpose of circumventing the solicitation or contract approval requirements specified in this chapter.
B. No consultant, contractor, or vendor who assisted the city’s decision to identify the goods or services to be procured, and no consultant, contractor, or vendor who assisted the city with the preparation of the solicitation, shall submit a bid, proposal, or quotation for the goods or services to be procured.
C. All potential consultants, contractors, or vendors shall avoid any behavior that might influence any elected or appointed officials to interfere with a solicitation, and they shall limit their communications with the City of Livermore to the person responsible for conducting that solicitation and the Administrative Services Director. Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.
D. The solicitation procedures in this article shall be followed for contracts for goods and services, and the solicitation procedures in Article V of this chapter shall be followed for public works contracts for public projects. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.310 Contracts for goods and services up to $10,000.
A solicitation process is not required for city contracts to procure goods and services that have compensation amounts that do not exceed $10,000. These contracts may be negotiated in the open market as specified in the administrative regulations and awarded by the person or body with the appropriate approval authority. However, nothing shall preclude city staff members from conducting price comparisons, utilizing the informal procedures, or the competitive bidding procedures based upon the city’s needs and circumstances to ensure the best overall value is obtained. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.320 Contracts for goods and general services greater than $10,000 and up to $100,000 (informal solicitation).
An informal solicitation process is required for city contracts to procure goods and general services that have a compensation amount greater than $10,000 and that do not exceed $100,000. The informal solicitation process shall comply with the procedures specified in this subsection and the administrative regulations as follows:
A. Notice Inviting Quotations. The department representative shall invite quotations by written request (including facsimile or electronic mail) or telephone to prospective vendors. The administrative regulations may allow for the use of catalogs to obtain price quotes for the purposes of this subsection.
B. Quotations. Written quotations shall be submitted to the department representative, who shall keep a record of all open market quotes for a period of one year after the submission of quotes. This record is open to public inspection. All quotations must be in writing.
C. Minimum Number of Quotations. The award of contracts using the informal solicitation process shall, whenever possible, be based on the solicitation of at least three written quotations.
D. No Responsive Quotations. If no quotations, or no responsive quotations, are received after informal solicitation, the Administrative Services Director or City Manager may proceed to negotiate the contract for the goods and services in the open market using the process set forth in LMC 2.68.310.
E. Basis for Award. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the Administrative Services Director or their designee prior to soliciting informal bids or proposals. The basis upon which the award is made shall be included in the solicitation document, if one is used, or otherwise communicated in writing to prospective bidders in the same manner as the solicitation.
F. Award of Contract and Appropriation. The contract shall be awarded by the person or body with the appropriate approval authority to sign the contact for the city as set forth in LMC 2.68.210 based upon the contract’s compensation amount; provided, that the City Council has budgeted funds for the contract.
G. Payment and Performance Bonds. The Administrative Services Director has the authority to require a payment bond, a performance bond, or both, for a city contract, in such amount as is reasonably necessary to protect the best interests of the city. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the form for each bond must be approved as to form by the City Attorney. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.330 Contracts for goods and general services greater than $100,000 (competitive bidding).
A. A competitive bidding process is required for city contracts to procure goods and general services with compensation amounts greater than $100,000. The competitive solicitation process shall comply with the procedures specified in this subsection and the administrative regulations as follows:
1. Notice Inviting Bids. The notice inviting bids shall include a description of the goods or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids.
a. Published Notice. The notice inviting bids shall be published at least 10 business 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 locally. In addition, notice inviting bids may also be published electronically.
b. Bidder’s List. The Administrative Services Director may require a bidder’s list for competitive bidding, which requirements shall be specified in the administrative regulations for this chapter. If a bidder’s list is required, then the notice inviting bids shall also solicit sealed bids from responsible prospective consultants, contractors, or vendors whose names are on the bidder’s list.
2. Bidder’s Security. When deemed necessary, the Administrative Services Director shall require bidder security as specified in the administrative regulations. The administrative regulations shall provide that bidders are entitled to the return of bid security upon execution of the contract or upon the city’s republishing of a notice inviting bids; provided, that a successful bidder forfeits his bid security upon refusal or failure to execute the contract within 10 business days after the notice of award of contract has been mailed, unless the city is responsible for the delay.
3. Bid Opening Procedure. Bidders shall submit sealed bids to the Administrative Services Director and shall identify them as bids on the envelope as specified in the administrative regulations. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
4. Rejection of Bids. If it is determined to be in the best interest of the city, the City Manager or City Council may reject any and all bids presented. The City Manager or their designee shall have the authority to reject bids or proposals up to $200,000. Bids or proposals exceeding $200,000 shall be rejected by the City Council unless such authority is delegated to the City Manager.
5. No Responsive Bid. If no bid, or no responsive bid, is received after inviting bids under this section, the Administrative Services Director or City Manager may proceed to negotiate a contract for the goods and services in the open market using the process set forth in LMC 2.68.310.
6. Award of Contract. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract; provided, that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC 2.68.210 is required before the contract can be awarded. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the City Manager or their designee prior to issuance of the solicitation. The basis upon which the award will be made shall be included in the solicitation document.
7. Payment and/or Performance Bonds. The Administrative Services Director has the authority to require a payment and/or performance bond before entering a contract, in such amount as is reasonably necessary to protect the best interests of the city. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the bond must be approved as to form by the City Attorney.
B. The person or body with the appropriate approval authority to award and sign the contract for the city may, in their discretion, waive inconsequential bid irregularities that do not give a bidder an unfair competitive advantage over any other bidder. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.340 Contracts for professional services.
A. Contracts for professional services shall be solicited for award on the basis of demonstrated competence and the qualifications necessary for the satisfactory performance of the services, as determined by a consideration of the following criteria:
1. A compensation amount that is fair, reasonable, and competitive;
2. The quality of the services offered;
3. The consultant’s ability, capacity, and skill to provide the services promptly, within the time specified, within budget, and without delay or interference;
4. The credentials and licenses of the person or business, if required;
5. The consultant’s character, integrity, reputation, judgment, training, experience, and efficiency;
6. The consultant’s knowledge of local conditions;
7. The consultant’s previous history of working on related projects or issues for the city, where such previous experience will allow the services to be performed more efficiently and will require less time spent on preparation and background research;
8. The sufficiency of the consultant’s financial capacity and other resources; and
9. The consultant’s ability to provide such future service as may be needed.
B. Contracts for qualified professional services shall be solicited for award using either the informal solicitation process set forth in LMC 2.68.320 or the competitive bidding process set forth in LMC 2.68.330 based upon the compensation amount in the contract, and as required by applicable state and federal law; best value solicitations for architectural and engineering (A&E) services shall use a qualifications based selection (QBS) process where qualified professional service providers are evaluated and ranked based on demonstrated competence before compensation is considered.
C. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the professional services contract or qualified professional services contract; provided, that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC 2.68.210 is required before the contract can be awarded. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.350 Competitive negotiation following a request for proposals.
A. Competitive negotiation for city purchase contracts may be used in situations where goods and/or services cannot be exactly defined/specified or where solutions are sought such as consulting studies or software systems that require a qualitative evaluation process.
B. The process for competitive negotiation of contracts shall comply with the following as implemented in the administrative regulations:
1. Request for Proposals. Under this method, proposals are requested from a number of sources and the request for proposals is publicized. The request for proposals must identify the criteria upon which the offerors’ proposals will be evaluated, including price or cost as applicable, and the relative importance of each criterion. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.
2. Receipt of Proposals. Sealed proposals must be submitted by offerors by the date and time specified on the prescribed forms and shall be identified by the request-for-proposal number.
3. Evaluation of Proposals. Submitted proposals shall be evaluated in accordance with the evaluation criteria and process identified in the solicitation document, which may include evaluation of the written submittals; interviews, presentations and/or product demonstrations as applicable; reference checks; and other factors as necessary to determine a rank order of proposals.
4. Negotiation. The most qualified and responsive offeror will be selected for contract negotiation. If agreement cannot be reached with the first choice offeror, the second choice offeror (and then the third, and so on) will be contacted, with the first choice offeror (or other offerors, in order) dismissed from further consideration for that particular contract. All elements of the negotiation process shall be documented by the negotiating department and submitted to the Administrative Services Director. Responsible offerors shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals as necessary to meet the city’s requirements.
5. Award of Contract. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract; provided, that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC 2.68.210 is required before the contract can be awarded. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the City Manager or their designee prior to issuance of the solicitation. The basis upon which the award will be made shall be included in the solicitation document. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.360 Exceptions to, and exemptions from, solicitation procedures.
A. Certain contracts for goods and services may not be adapted to award by either informal or competitive solicitation, but they may only be excepted or exempted from those processes as prescribed in this subsection.
B. Contracts for the following are exempted from the informal solicitation and competitive purchase processes:
1. Emergency procurements awarded as set forth in LMC 2.68.400 and 2.68.410;
2. Bonds;
3. Insurance;
4. Legal services;
5. Membership dues, conventions, training, and travel arrangements; and
6. Advertisements in magazines, newspapers, or other media.
C. Contracts for the following are examples of that are eligible for an exception to forgo an informal solicitation or competitive purchase processes with the Administrative Services Director’s approval as set forth in subsection D of this section:
1. Sole source procurements that can only be obtained from one consultant, contractor, or vendor due to the proprietary, specialized, or unique character of the required goods or services;
2. Single source procurements that may be available from more than one source, but there is a compelling and justifiable reason, such as product standardization, to procure the required goods or services from a particular consultant, contractor, or vendor;
3. Contracts awarded in conjunction with cooperative purchasing programs, as set forth in LMC 2.68.370;
4. Equipment that must be compatible with existing equipment
5. Lobbying services;
6. Procurements funded by grants, donations or gifts when associated special conditions require the purchase of particular goods and/or services;
7. Works of art, entertainment, or performance;
8. Surplus personal property owned by another governmental, public, or quasi-public entity; and
9. Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the City Manager may proceed to have the services performed or the goods procured without further competitive bidding.
D. Exceptions, but not exemptions, from the informal solicitation or competitive purchase process, are subject to review and approval by the Administrative Services Director as follows:
1. The person initiating the procurement must prepare a written justification to the Administrative Services Director or their designee to request an exception that sets forth the compelling reasons to justify the request and describe the due diligence and research performed that support an exception determination; and
2. The Administrative Services Director or their designee may, in their discretion, approve a request for exception upon finding that there is no competitive advantage to be gained from soliciting bids. The administrative regulations shall specify the factors that the Administrative Services Director or their designee must consider when exercising the discretion authorized in this section.
E. The person responsible for conducting a procurement for an exempt contract or a contract approved for exception by the Administrative Services Director pursuant to this section shall conduct negotiations, as appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require a competitive solicitation.
F. Notwithstanding the exemptions and exceptions in this section, nothing shall preclude informal solicitation or competitive bidding when determined to be in the best interest of the city or when required by law. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.370 Contracts for goods and services procured through cooperative purchasing arrangements.
A. The Administrative Services Director or their designee may initiate city contracts for goods and services without conducting an informal solicitation or competitive bidding when the procurement is based on the following cooperative purchasing arrangements or programs:
1. The California Multiple Award Schedules (CMAS) and Federal General Services Administration (GSA) contracts.
2. Where a consultant, contractor, or vendor was awarded a contract by another public agency; said agency used solicitation procedures substantially similar to those that the city would have been required to use, the initial awarding public agency agrees to the purchase, and the initial contract was awarded within a reasonable timeframe relative to the city’s purchase.
3. Any other public, nonprofit or for-profit cooperative purchasing programs or consortiums, provided:
a. The Administrative Services Director or their designee approves of such participation in writing or if the underlying purchase was made using quotation or bid procedure at least as restrictive as the city’s;
b. The city is a registered member of the cooperative; and
c. A membership fee is not required.
B. In all such cases, the goods or services purchased must be the same or substantially similar and be offered at the same price as the supplies and equipment subject to the agreement or program, except that:
1. Up to 10 percent variation is allowed for ensuring the required goods or services meet city requirements;
2. A cost of living adjustment (using San Francisco-Oakland-San Jose Consumer Price Index – Urban, All Items) can be included for the contract duration if approved by the appropriate contract award authority; and
3. Any contract extensions beyond the initially awarded term are approved by the appropriate award authority.
C. The city contract for goods and services solicited through a cooperative purchasing arrangement or program shall:
1. Adhere to the general procedural requirements in LMC 2.68.120 to the greatest extent possible, and shall include language to ensure the city receives the rights and benefits conferred upon the initial awarding agency; and
2. Be awarded and signed by the body or person with the appropriate approval authority. (Ord. 2159 § 3 (Exh. A), 2024)
Article IV. Emergency Contract Approval Authority and Procedures
2.68.400 Emergency procurement authority.
A. Authority. The City Manager and Administrative Service Director, and their respective designees, are the contract approval authorities for city contracts for goods, services, and public projects awarded to expeditiously respond to conditions caused by the existence of a local emergency regardless of amount but subject the procedures in LMC 2.68.410.
B. Ratification by City Council. Upon exercise of the emergency procurement authority authorized by this section for a contract for goods and services, or for a public works contract, with a compensation amount greater than $200,000, the City Manager shall make a full and complete report to the City Council at a noticed meeting as soon as practicable. Upon receipt of the report, the City Council shall ratify the contract upon determining it was awarded in response to a local emergency and shall also act on a public works contract as required by California Public Contract Code Sections 21068 and 22050, as applicable. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.410 Emergency procurement procedures.
A. City contracts for goods, services, and public projects to expeditiously respond to conditions caused by the existence of a local emergency do not need to comply with the informal solicitation or competitive bidding requirements set forth in this chapter, but shall comply with the following procedures:
1. The scope of the contract is limited to good and services, and public contracts, necessary to respond to the conditions caused by the local emergency;
2. To the extent practical under the circumstances, the contract shall be solicited, negotiated, and awarded:
a. Consistent with the solicitation procedures for goods and services set forth in Article III of this chapter; and
b. Consistent with federal and state procurement standards to preserve the opportunity to obtain disaster reimbursement;
3. The Administrative Services Director, or their designee, shall submit a written report of the emergency procurement to the City Manager, including a description of the local emergency and the basis for selection of the particular contractor; and
4. For a local emergency proclaimed pursuant to LMC 2.56.060, a copy of all emergency contracts awarded and the Administrative Services Director’s emergency procurement report shall also be filed in the emergency operations center and attached to the City Manager’s report to the City Council required by LMC 2.68.400(B), and the original shall be properly filed and stored with the contract in accordance with the city’s records retention schedule.
B. City contracts for public projects to expeditiously respond to conditions caused by the existence of a local emergency shall also comply with emergency contracting procedures set forth in California Public Contract Code Sections 21068, 22025, and 22050, as applicable. (Ord. 2159 § 3 (Exh. A), 2024)
Article V. Public Projects
2.68.500 Public project contracting procedures.
The city shall follow the contracting procedures set forth in Article 3 of the Uniform Public Construction Cost Accounting Act as set forth in California Public Contract Code Section 22030 et seq., referred to as the “Act” for the purposes of this article. The city shall procure public projects by force account, negotiated contract, purchase order, informal bidding or formal bidding as required in accordance with the applicable dollar amount limitations under Section 22032 of the Act, as it may be amended from time to time. The City Manager shall be authorized to establish and implement administrative regulations, policies, and procedures consistent with the Act and this chapter. At the appropriate time each year, the Administrative Services Director or their designee shall prepare a notice of the contract amounts for the informal bidding and formal bidding requirements set forth in LMC 2.68.530 and 2.68.540, and the contract approval and rejection authorities set forth in LMC 2.68.570 and 2.68.580. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.510 Bid splitting prohibited.
It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.520 Contractors list.
A list of contractors shall be developed and maintained in accordance with the provisions of the Act and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission, referred to as “the Commission” for the purposes of this article. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.530 Informal bidding – Notice.
A. Where a public project to be performed is subject to the informal bidding provisions of the Act and this chapter, a notice inviting informal bids shall be delivered by mail, fax, or electronic mail to all contractors for the category of work to be bid, as shown on the list developed in accordance with LMC 2.68.520 and/or may be delivered to all construction trade journals as specified by the Commission in accordance with the Act. Delivery of notices to contractors pursuant to this section shall be completed not less than 10 calendar days before bids are due. Additional contractors and/or construction trade journals may be notified at the discretion of the city; provided, however:
1. 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 to only the construction trade journals specified by the Commission.
2. If the product or service is such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
B. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project and state the time and place for the submission of bids. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.540 Formal bidding – Notice.
When a public project to be performed requires formal bidding, notice of such project shall be given as follows unless an exception to competitive bidding applies:
A. The notice shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
B. The notice shall be published at least 14 calendar days before the date of opening of the bids in a newspaper of general circulation, printed and published in the city; or if there is no newspaper printed and published within the jurisdiction of the city, in a newspaper of general circulation which is circulated within the city; or if there is no newspaper which is circulated within the jurisdiction of the city, publication shall be by posting the notice in at least three places within the jurisdiction of the city as have been designated by ordinance or regulation of the city for the posting of its notices.
C. 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 by the Commission. The notice shall be sent at least 15 calendar days before the date of opening the bids. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.550 Exceptions.
Bidding required by LMC 2.68.540 may be dispensed with:
A. In an emergency as defined by LMC 2.68.130 pursuant to the procedures contained in the California Public Contract Code;
B. Design-build contracts, provided they are consistent with the requirement of the California Public Contract Code; or
C. If there is no competitive advantage to be gained by inviting bids (for example, where it is determined that the supplies and equipment are unique or available only from one source, and where the low bid benefits are otherwise satisfied by the Act), so that the bidding requirement required by this section would be meaningless. The basis upon which this determination is made shall be made by the City Council upon recommendation by the City Engineer. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.560 Contracts for maintenance and other work.
Contracts for maintenance, as defined by California Public Contract Code Section 22002 and LMC 2.68.130(J)(1), and for any other work which does not fall within that section’s definition of public projects, may be bid pursuant to the informal bidding procedures in LMC 2.68.530 and the formal bidding procedures in LMC 2.68.540. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.570 Award of public works contracts.
A. The City Manager is authorized to award public works contracts in accordance with the monetary limits for negotiated contracts or purchase orders as set forth in the Act, as now existing or hereafter amended.
B. The City Manager is authorized to award public works contracts in accordance with monetary limits for informal procedures as set forth in the Act, as now existing or hereafter amended, and this chapter to the lowest, responsive, and responsible bidder. If all bids are received in excess of the City Manager’s monetary authority, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, subject to monetary limits set forth in the Act for informal bidding, as now existing or hereafter amended, if the City Council determines the cost estimate of the public agency was reasonable.
C. Contracts subject to formal bidding under the Act shall be awarded, if at all, by the City Council to the lowest responsive and responsible bidder. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.580 Rejection of bids.
The City Manager or the City Council, as the case may be, may in their discretion reject any bids received and proceed as authorized by the Act. The City Manager may reject any bids that do not exceed the threshold for informal bids as specified in California Public Contract Code Section 22032(b); bids exceeding this amount shall be rejected by the City Council unless otherwise delegated. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.590 Change orders to public works contracts.
A. Change orders to a public works contract that amend the original scope of work as determined to be necessary by the city during the progress of work shall be documented in writing.
B. The City Manager or their designee may authorize change orders up to a cumulative amount not exceeding $200,000 or 10 percent of the overall contract price, whichever is greater. All other change orders must be approved by the City Council.
C. The cost of each change order shall be determined by a fair and reasonable valuation, agreed to in writing by the City Manager, or their designee, and an authorized representative of the contractor, and shall be added to or deducted from the compensation amount in the public works contract. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.595 Approval of plans, specifications, and designs.
In accordance with California Public Contract Code Section 22039, as it may be amended from time to time, the City Council hereby delegates authority to the City Engineer, or their designee, to approve plans, specifications and designs and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all city public works contracts. (Ord. 2159 § 3 (Exh. A), 2024)
Article VI. Additional Requirements
2.68.600 Leasing of equipment and personal property.
Leasing of purchasable or nonpurchasable equipment and personal property shall follow the solicitation, award, and contract signing procedures set forth in this chapter based upon the compensation amount for the contract. Each contract for the leasing of equipment and personal property shall contain a provision permitting the city to terminate the contract at the end of any fiscal year during the contract term of the contract upon not less than 30 days’ written notice to the other party. Leases for equipment and personal property that use a vendor’s forms shall conform to general requirements in LMC 2.68.120 to the maximum extent possible. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.610 Inspection and testing.
A. The department head or their designee shall inspect supplies, equipment, personal property, and general services delivered, and determine their conformance with the specifications set forth in the order or contract.
B. The department head or their designee shall inspect all equipment and personal property leased to the city to ensure it is in a fit and satisfactory condition for the city’s use and is free from defect so that it may be safely used for its intended purpose.
C. The department head has the authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.620 Surplus supplies and equipment.
A. Each department shall submit to the Administrative Services Director, at such times and in such forms as the Director prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Administrative Services Director has the authority to sell or otherwise dispose of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment.
B. The Administrative Services Director or their designee may surplus the service weapons of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department.
C. The Administrative Services Director or their designee may surplus the badges of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department, upon an employee being promoted to a higher classification within the department, or for employees who resign in good standing with a minimum of 10 years of service with the Livermore police department.
D. The Administrative Services Director or their designee may surplus Livermore police department service animals upon an animal’s retirement from service with the Livermore police department to the employee handler or otherwise.
E. City Council approval is needed for disposition of supplies and/or equipment when the total estimated value exceeds $200,000. Disposition may include abandonment, destruction or donation to public bodies, charitable, civic or nonprofit organizations and may include city property which has no commercial value or for which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction. Services of a paid auctioneer may be used, as appropriate. The Administrative Services Director also has the authority to make transfers between departments of any usable surplus supplies or equipment and which are $5,000 or less in value. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.630 Ethics.
A. City employees shall discharge their duties impartially to assure fair competitive access to city procurement opportunities by responsible consultants, contractors, and vendors. Moreover, city employees shall conduct themselves in such a manner as to foster public confidence in the integrity of city procurement activities.
B. No city employee shall participate directly or indirectly in a city procurement when the employee knows that:
1. The employee or any member of the employee’s immediate family has a financial interest pertaining to the procurement; or
2. The employee or any member of the employee’s immediate family is negotiating or has an employment arrangement that is contingent upon, or will be affected by, the procurement.
C. Upon discovery of an actual or potential conflict of interest, an employee shall promptly inform the Administrative Services Director and withdraw from further participation in the procurement.
D. No person shall offer, give, or agree to give any city employee any gratuity or offer of employment in connection with a procurement by the city. No city employee shall solicit, demand, accept or agree to accept from any other person a gratuity or an offer of employment in connection with a procurement by the city.
E. No consultants, contractors, or vendors who assisted the city’s decision to identify the goods or services to be procured, and no consultant, contractor, or vendor with whom the city has contracted to prepare, or assist in the preparation of, bid or proposal documents, shall submit a bid, proposal, or quotation for the goods or services to be procured.
F. All potential consultants, contractors, or vendors shall avoid any behavior that might influence any elected or appointed officials to interfere with a solicitation, and they shall limit their communications with the City of Livermore to the person responsible for conducting that solicitation and the Administrative Services Director. Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations. (Ord. 2159 § 3 (Exh. A), 2024)
2.68.640 Environmentally preferable purchases.
A. The administrative regulations shall incorporate the city’s environmentally preferable purchasing and practices policy for environmental considerations including recycled content and recovered organic waste product use into purchasing practices and procedures.
B. All vendors providing paper products, printing and writing paper, and organic waste products must comply with relevant state law and city requirements. (Ord. 2159 § 3 (Exh. A), 2024)