Chapter 2-7 PURCHASING SYSTEM

The duties of the Purchasing Officer may be combined with those of any other office or position. The Purchasing Officer shall have the following powers and duties:

(a) To purchase or contract for supplies and equipment required by any using agency in accordance with the purchasing procedures set forth in this chapter, such administrative regulations as the Purchasing Officer shall adopt, and such other rules and regulations as shall be prescribed by the Council;

(b) To negotiate and recommend the execution of contracts for the purchase of supplies, equipment, and services;

(d) To discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;

(e) To prepare and recommend to the Council rules governing the purchase of supplies, equipment, and services for the City;

(f) To prepare and recommend to the Council revisions and amendments to the purchasing rules;

(g) To keep informed of current developments in the field of purchasing, prices, market conditions, and new products;

(h) To prescribe and maintain such forms as are reasonably necessary to the operation of the provisions of this chapter and other rules and regulations;

(i) To supervise the inspection of all supplies and equipment purchased to ensure conformance with specifications;

(j) To recommend to the City Manager the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for City use; and

(k) To maintain a bidders’ list, vendors’ catalog file, and records needed for the efficient operation of the Purchasing Department.

(1243-CS, Amended, 07/26/2018; 1172-CS, Amended, 07/10/2012; 595, Enacted, 12/18/1958)

2-7-05 Requisitions.

Using agencies shall submit request for supplies and equipment to the Purchasing Officer by standard requisition forms.

(595, Enacted, 12/18/1958)

2-7-06 Purchase orders.

Purchases of supplies, equipment, and services over Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars, or such amount as the City Council may designate by resolution, shall be made only by purchase orders.

(1243-CS, Amended, 07/26/2018; 595, Enacted, 12/18/1958)

2-7-07 Encumbrance of funds.

Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

(595, Enacted, 12/18/1958)

2-7-08 Bidding requirements.

(a) A City agency may purchase supplies, materials, equipment, and services up to a value of Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars without soliciting quotes or bids.

(b) Bidding procedures are not required under the following circumstances regardless of the amount involved:

(1) When an emergency requires that an order be placed with the nearest available source of supply;

(2) When the supplies, materials, equipment, or services can be obtained from only one (1) vendor;

(3) For contracts involving the obtaining of professional or specialized skill, such as, but not limited to, services rendered by attorneys, engineers, accountants, and specialized consultants;

(4) Where calling for bids on a competitive basis in the opinion of the Purchasing Officer is undesirable, impossible, unavailing, or incongruous;

(5) When engaged in joint, cooperative, or leveraged purchasing plans that have been solicited and awarded on a competitive basis; or

(6) When the Council shall have adopted a resolution by at least four (4) affirmative votes determining that the best interests of the City require that the purchase be made without compliance with the formal bid procedure.

(c) Purchases of supplies, materials, equipment, and services of a value of more than Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars to Twenty-Five Thousand and no/100ths ($25,000.00) Dollars, except as provided in subsection (b)(5) of this section, with the consent of the City Manager may be made utilizing the informal bid procedure as set forth below.

(d) Purchases of supplies, materials, equipment, and services of a value greater than Twenty-Five Thousand and no/100ths ($25,000.00) Dollars shall be made utilizing the formal bid procedure as set forth below.

(e) The City Manager is authorized to enter into contracts for the purchase of supplies or equipment or contracts for professional, consultant, and maintenance services where the amount of the contract does not exceed One Hundred Thousand and no/100ths ($100,000.00) Dollars, or such other amount as the City Council may designate by resolution. Where the amount of any such contract exceeds One Hundred Thousand and no/100ths ($100,000.00) Dollars, or such other amount as the City Council may designate by resolution, the contract shall be approved by the City Council.

(1) All contracts authorized by the City Manager pursuant to this section shall be subject to the current appropriation and allocation of funds by the City Council in the current fiscal year budget or a funding resolution specific to a specific contract(s).

(2) The City Manager shall have the authority to approve in writing any amendment directing an addition, deletion, or revision in such contract, including contract price, plans, specifications, and the nature or quality of services, equipment, supplies or work, to the extent such amendment does not result in the contract price exceeding One Hundred Thousand and no/100ths ($100,000.00) Dollars.

(3) In an emergency endangering the lives, property, or welfare of the people of the City or the property of the City, the City Manager may authorize the expenditure of any unencumbered moneys, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise unavailable.

(f) In the event of the absence of a permanent City Manager, the Interim City Manager is authorized to enter into contracts for the purchase of supplies or equipment or contracts for professional, consultant, and maintenance services where the amount of the contract does not exceed Twenty-Five Thousand and no/100ths ($25,000.00) Dollars, or such other amount as the City Council may designate by resolution, provided there exists an unencumbered appropriation in the fund account against which such contract is to be charged.

(g) The City Engineer is authorized to enter into contracts for the purchase of supplies or equipment or contracts for professional, consultant, and maintenance services where the amount of the contract does not exceed Twenty-Five Thousand and no/100ths ($25,000.00) Dollars, or such other amount as the City Council may designate by resolution, provided there exists an unencumbered appropriation in the fund account against which such contract is to be charged.

(1303-CS, Amended, 05/25/2023; 1271-CS, Amended, 01/09/2020; 1247-CS, Amended, 11/22/2018; 1243-CS, Amended, 07/26/2018; 901-CS, Amended, 06/13/1996; 232-CS, Amended, 12/04/1975; 62-CS, Amended, 06/18/1970; 595, Enacted, 12/18/1958)

2-7-09 Purchases: Procedures.

(a) Informal bid procedure. The Purchasing Officer shall solicit informal bids by direct mail requests, telephone inquiry, comparing prices on file, or by other appropriate means. Insofar as it is practical, no less than three (3) vendors shall be solicited to submit quotations. Award shall be made to the vendor offering the lowest acceptable quotation. The Purchasing Officer shall keep a record of all open market purchases and sales and the informal bidding competition thereon, and such records shall be maintained as a public record.

(b) Formal bid procedure. Purchases made hereunder shall be by written contract with the lowest responsible bidder pursuant to the procedures set forth in this section.

(c) Formal bid procedure. Purchases made hereunder shall be by written contract with the lowest responsible bidder pursuant to the procedures set forth in this section.

(1) Notices inviting bids. Notices inviting bids shall include a general description of the articles to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids.

(i) Published notices. Notices inviting bids shall be published at least ten (10) days before the date of the opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed and published in the City.

(ii) Bidders’ list. The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders’ list or who have requested their names to be added thereto.

(2) Bidder’s security. When deemed necessary by the Purchasing Officer, bidder’s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of the bid security; provided, however, a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of the award of the contract has been mailed unless the City is responsible for the delay. The Council may, on the refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the Council awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the low bid and second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

(3) Bid opening procedure. Sealed bids shall be submitted to the Purchasing Officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

(4) Rejection of bids. In its discretion, the Council may reject any and all bids presented and readvertise for bids and may waive any informalities or minor irregularities in a bid.

(5) Award of contracts. Contracts shall be awarded by the Council to the lowest responsible bidder except as otherwise provided in this section. The City Council may, in its discretion, grant qualified local vendors a bidding preference of three (3%) percent not to exceed a limit of Three Thousand and no/100ths ($3,000.00) Dollars. For purposes of this section, a qualified local vendor is defined as any individual, partnership, or corporation which regularly maintains a place of business and an inventory of merchandise for sale within the corporate limits of the City and has obtained a business license issued by the City of Turlock. In addition to price, in determining the lowest responsible bidder, consideration will be given to quality and performance of the commodity to be purchased or service provided by the seller. Criteria for determining low bids shall include, but not be limited to, the following:

(i) The ability, capacity, and skill of the bidder to perform the contract;

(ii) Whether the bidder has the facilities to perform the contract promptly, or within the time specified, without delay or interference;

(iii) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(iv) The bidder’s record of performance of previous contracts;

(v) The previous and existing compliance by the bidder with laws and ordinances relating to the contract; and

(vi) The ability of the bidder to provide future maintenance, repair parts, and services for the use of the commodity purchased.

(6) Tie bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the Council may accept the bid it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening.

(7) Performance bonds. The Council shall have the authority to require a performance bond in such amount as it shall find reasonably necessary to protect the best interest of the City before entering into a contract. If the Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(1243-CS, Amended, 07/26/2018; 1112-CS, Amended, 10/23/2008; 901-CS, Amended, 06/13/1996; 884-CS, Amended, 10/11/1995; 877-CS, Amended, 07/13/1995; 232-CS, Amended, 12/04/1975; 62-CS, Amended, 06/18/1970; 595, Enacted, 12/18/1958)

2-7-10 Approval of contract amendments by the City Manager.

(a)(1) After the effective date of any contract approved by the City Council for the purchase of supplies or equipment or contracts for professional, consultant, and maintenance services, the City Manager or Interim City Manager shall have the authority to approve in writing any amendment directing an addition, deletion, or revision in such contract, including contract price, plans, specifications, and the nature or quality of services, equipment, supplies or work, subject to the following limitations:

(i) The cumulative dollar value of all such amendments relating to any one (1) contract shall not exceed ten (10%) percent of the contract price approved by the City Council.

(ii) All amendments authorized by the City Manager or the Interim City Manager pursuant to this section must be accounted for as part of the City’s current appropriation and allocation of funds in the current fiscal year budget or accounted for as part of an approved project or contract.

(2) Any amendment exceeding the limitations set forth in subsection (a)(1) of this section shall be submitted to the City Council for approval in the form of a contract amendment or supplemental agreement. Such amendment or supplemental agreement shall set forth the amended contract price which will constitute the new contract price for the purposes of the authority for City Manager-approved amendments in accordance with subsection (a)(1) of this section.

(1271-CS, Added, 01/09/2020)

2-7-11 Repealed.

(901-CS, Amended, 06/13/1996; 595, Enacted, 12/18/1958)

2-7-12 Quality and conformance inspections and tests.

The Purchasing Officer shall inspect delivered supplies and equipment to determine their conformance with the specifications set forth in the order or contract. The Purchasing Officer shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries, which tests shall be necessary to determine quality and conformance with specifications.

(595, Enacted, 12/18/1958)

2-7-13 Incorporation of anti-nepotism standards.

(a) Except as provided in subsection (b) of this section, in making purchases of equipment or supplies and in entering into agreements for the provision of services the Purchasing Officer, and any person or agency delegated authority under Section 2-7-04 to independently make such purchases or enter into such contracts, shall be subject to and governed by the anti-nepotism policy concerning the employment of relatives set forth in the City’s Personnel Rules and Regulations as established and amended from time to time by resolution of the City Council.

(b) Neither the provisions of subsection (a) of this section nor the Personnel Rules and Regulations incorporated into that subsection shall prevent, nor be construed as preventing, the Purchasing Officer or a delegatee of the Purchasing Officer from receiving and accepting donations of equipment, supplies, or volunteer services from or by any relative of a City employee.

(901-CS, Amended, 06/13/1996; 854-CS, Enacted, 07/14/1994)