A. Whenever bids are called for as required by the charter, or specifically required by the council, the following procedures shall be used:

1. Requests for the construction, improvements, repair or maintenance of public works requiring bids shall be initiated by the division responsible for the project. Plans, specifications and contracts for such projects shall be prepared by the originating division and forwarded to the city manager for presentation to the city council. Upon approval and adoption thereof by the city council, notice thereof shall be published twice in the city's official newspaper, the first publication shall be at least ten days before the time for opening bids. Sealed bids will be received at the office of the city clerk up to the time and date as specified in the request for bids, and such bids will be opened publicly at or about the specified time of such day in the council chamber of the city hall. The purchasing administrator and the head of the division, or his/her designate, which initiated the call for bids shall be present in the council chambers at the hour designated for the opening of bids if it is reasonably convenient for them to do so. At the time designated for the opening of bids, the city clerk shall publicly open, examine and declare the bids received; provided, that they shall defer such opening until at least one of the officers or employees designated for attendance at the opening of bids is present. The city clerk shall record the names of the officers or employees designated to attend the opening of bids and who are present at the opening of said bids. The city clerk shall record the bids received.

2. Immediately after opening the bids, one copy of each bid received shall be filed with the city clerk. The remaining copies of the bids shall be delivered to the head of the division who initiated the call for bids. Such division head shall render a written report to the city manager on the bids received and a recommendation thereon. The city manager shall report to the council at its next regular meeting together with any additional recommendations.

3. Requests for supplies, material, labor or other valuable consideration, requiring bids, shall be made by requisition, detailing the specifications for the goods or services required and forwarded to the purchasing office. Requisitions for similar goods from various divisions shall be combined into one competitive bid by the purchasing administrator. Bids for these items shall be advertised by mailing copies to interested vendors or contractors on the bidders' list maintained in the purchasing office and by publicly posting the same in the reception area of the purchasing office and by any additional means determined by the purchasing administrator. Such mailing and posting shall be made at least ten days before the time for opening bids. The notice calling for these bids shall provide that sealed bids will be received at the purchasing office at a time and date designated in each bid. The purchasing administrator will publicly open these bids in the purchasing office at the time designated. After opening and recording the bids, the purchasing administrator shall consult with the requesting division for its recommendation. After reviewing the recommendation and bids, the purchasing administrator shall transmit a report, including written recommendation, to the city manager on the bids received. This recommendation will include references from the requesting division as to the acceptability of the recommended vendor and goods in meeting the division's needs. Upon approval by the city manager and certification by the director of finance and administrative services as to proper funding, the purchasing administrator shall execute and forward a copy of the contract or purchase order to the successful bidder. Copies of these contracts or purchase orders shall be on file in the purchasing office, the finance and administrative services division and the requesting division's offices.

B. The provisions of this section shall not apply to bids received in connection with work performed under the Improvement Acts in the Streets and Highway Code or any other state law which does not authorize such procedure, nor shall they apply to bids received in connection with the sale of bonds by the city. "City clerk," "director of finance and administrative services," and "purchasing administrator" mean and include any person or persons properly designated and authorized to act on their behalf. (Ord. 5021 § 1, 1993: prior code § 5-12)

Whenever bids are called for as required by the Improvement Acts in the Streets and Highways Code of the state of California, the notice inviting bids shall state that sealed bids will be received at the office of the city clerk until two p.m. on a specified Wednesday; and, that bids will be opened, examined and declared by the city clerk at a public meeting which the city clerk has called for the purpose to be held in the council chamber of the city hall at two p.m. on such day. The city clerk shall report the results of the bidding, together with the director of public work's recommendation thereon to the council at its next regular meeting after the opening of bids. (Prior code § 5-13)

After the council has awarded a contract to the lowest responsible bidder or has approved an appropriation which will culminate in the renewal of a contract, the contract and bonds, if any, shall be prepared and submitted to the contractor for execution. When the contract and bonds have been executed by the contractor and approved as to form by the city attorney, the city manager is authorized to execute such contract on behalf of the city. (Prior code § 5-14)

Whenever materials or services are to be procured and the aggregate cost to the city is to be such that competitive bidding is not required by law and funds have been appropriated and remain unexpended to which such procurement may properly be charged, a contract providing for such procurement, duly executed by the supplier and accompanied by such sureties as may be required by law, approved as to form by the city attorney, may be executed by the city manager on behalf of the city. (Prior code § 5-14.1)

Before becoming effective, contracts under which money shall or may become payable during the then current fiscal year must be certified by the director of finance and administrative services. The director of finance and administrative services shall not affix his or her certificate until he or she has ascertained that the bonds are furnished by a responsible corporate surety authorized to do business in the state. (Prior code § 5-15)

The director of public works, rather than the city manager, shall execute contracts for work under the Improvement Acts in the Streets and Highways Code of the state of California, after the award thereof by the council. (Prior code § 5-16)

A. Pursuant to Article VI, Section 9 of the charter, contracts for labor, material, supplies or services or for the construction, improvement, repair, maintenance of public works involving the expenditure of an amount not exceeding fifty thousand dollars ($50,000.00), shall not be subject to the competitive bidding process required by the charter and other provisions of this code, except as set forth below.

B. Contracts for labor, material, supplies or services or for the construction, improvement, repair, maintenance of public works involving an expenditure of an amount not exceeding fifty thousand dollars ($50,000.00) shall be awarded using the following procedure:

1. The purchasing administrator, whenever feasible and appropriate, shall endeavor to consolidate requests for similar types of goods and services received from different departments into one (1) bid and regularly mail the requests for bid to vendors and contractors on the bid list. If the cost of the goods and services involves an expenditure of five thousand dollars ($5,000.00) or less, bids may be solicited and received orally, by letter, or by written bid. The purchasing administrator may authorize verbal quotations for goods costing between five thousand dollars ($5,000.00) and fifty thousand dollars ($50,000.00) upon the request of the using executive or whenever the purchasing administrator finds it to be in the city's best interest.

2. To the maximum extent feasible, at least five (5) qualified vendors shall be solicited for expenditures over fifteen thousand dollars ($15,000.00). The requesting department shall advise the purchasing administrator of any prospective vendors.

3. Written requests for bids or quotations shall be issued to prospective vendors and to anyone requesting copies. The written requests shall also be posted on the city's website and placed on the public counter. The qualifications of bidders shall be established after the bids are received and opened by the city.

4. These competitive bids shall be opened and read publicly by the purchasing administrator or his or her representative at the time and place designated in the request for bids, and the vendors and prices quoted shall be recorded at that time on forms designated for that purpose.

5. The purchasing administrator may postpone or cancel the opening of the bids either giving oral or written notice to proposed vendors when he determines it will be in the best interests of the city.

6. The bids received are reviewed by the purchasing administrator or his or her representative and the lowest responsible bidder offering goods or services best meeting the needs of the city shall receive the award. The purchasing administrator may consult with the using department regarding the suitability of the goods or services offered before awarding the order.

7. If no acceptable bids are received, the purchasing administrator may reject any and all bids received and proceed to locate alternate sources, specifications or methods to meet the needs of the using department.

8. Bids received for the construction, improvement, repair or maintenance of public works costing no more than fifty thousand dollars ($50,000.00) shall be referred to the requesting department for their recommendation. Upon receiving their recommendation, the executive is authorized to approve the purchase. The purchasing office, upon receiving the approved bid back from the department, will process the bid in accordance with the procedures set forth herein.

9. The purchasing administrator is authorized to approve purchases up to fifteen thousand dollars ($15,000.00). This dollar limit may be increased with the written authorization and approval of the director of administrative services. The purchasing administrator shall not issue any purchase orders exceeding his or her authorized approval value without receiving the written or electronic approval of the director of administrative services or his or her representative. (Ord. 5534 § 1, 2006)

A. Subject to the recommendation of the risk manager and the approval as to form by the city attorney, the city manager is authorized to execute indemnity agreements on behalf of the city under either of the following circumstances:

1. An indemnity agreement between the city and a public entity, private organization, or person for the use of such public entity’s, private organization’s, or person’s property; provided, however, that any such indemnity agreement shall be specifically limited to claims, losses, damages, or injuries arising directly from the city’s use of such property and during the dates and hours of the use; or

2. An indemnity agreement between the city and either a public entity, private organization, or private person where the contract value does not exceed fifty thousand dollars ($50,000.00) and city council approval of the contract is not otherwise required.

B. Prior to execution by the city manager, any such indemnity agreement shall be approved by the risk manager and approved as to form by the city attorney. (Ord. 5542 § 1, 2006)