§ 8-3.203. Formal Bid Procedures.

This formal bid procedure shall apply to all purchases whose total maximum cost to City exceeds fifty thousand dollars ($50,000.00), and shall include at least the following:

(a)

Preliminary approval by the City Manager of a staff proposed bid package, including all project, material, supply and/or equipment specifications, requirements and all other matters reasonably required of bidders, including, but not limited to, all contractual terms proposed. The total maximum cost to the City if a bid is accepted by the Purchasing Manager, and a contract is executed by the City Manager or designee, shall be set forth.

(b)

Notice Inviting Bids. Notice inviting bids shall be published in the official newspaper by one (1) or more insertions, the first of which shall be at least seven (7) days before the time of bid opening, for public works projects only, in accordance with the provisions of Section 1307 of the City Charter. All other bids for which formal bid procedures are required shall be noticed in a manner or manners appearing to the Purchasing Manager to assure as broad a vendor response as reasonably possible. The required notice shall include a general description of the supplies, materials, equipment, and contractual services to be purchased, state where bid blanks and specifications may be secured and the time and place for opening bids.

Wherever feasible, the Purchasing Manager shall send notices inviting bids to prospective vendors and contractors. It shall be the responsibility of the Purchasing Manager to encourage as wide a response as possible from prospective vendors or contractors.

(c)

Bid Deposits. Where required by the City Charter and when not so required but deemed necessary or desirable by the Purchasing Manager, all bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than the amount specified in the notice inviting bids or in the specifications referred to therein, or if no amount is specified by the notice inviting bids, then in an amount not less than ten (10) percent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, provide supplies, materials, equipment, or contractual services according to specifications within the time specified in the notice inviting bids or specifications referred to therein, the amount of the bidder's security shall be declared forfeited to the City, and shall be collected and paid into its General Fund, and all bonds forfeited shall be prosecuted and the amount thereof collected and paid into such fund.

All bids not submitted with the required deposit shall be rejected. Unsuccessful bidders shall be entitled to the return of deposits when such have been required after acceptance of the contract by the selected bidder.

(d)

Sealed Bids. Bids shall be sealed, shall be identified as bids on the envelope, shall be submitted at the place and no later than the time stated in the public notice inviting bids, and shall be opened at a public meeting at the time and place stated in the public notice. Bids received after the stated time shall not be accepted, whether or not a bid is late through any fault of the late bidder, and shall be returned to the bidder unopened.

(e)

Council May Reject Bids. The Council shall have the authority to accept or reject any or all bids, or to waive any informalities or minor irregularities in a bid. The Council, after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager, the purchase in question may be made without a formal bid procedure and, after the adoption of a resolution to this effect by at least five (5) affirmative votes of the Council, may proceed to have said purchase made in the manner stated without further observation of the provisions of this section.

(f)

Lowest Responsive and Responsible Bidder. In addition to price in determining the "lowest responsive and 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 bid shall include, but not be limited to, the following:

(1)

The ability, capacity and skill of the bidder to provide the supplies, materials, equipment or contractual services as required.

(2)

The ability of the bidder to provide the supplies, materials, equipment or contractual services within the time specified.

(3)

The character, integrity, reputation, judgment, experience and efficiency of the bidder.

(4)

The quality or performance of previous purchases from said bidder.

(5)

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

(6)

Local vendor as defined in Section 8-3.206(c).

(g)

Faithful Performance Bond. When the specifications so provide, the successful bidder shall furnish surety in the form of certified or cashier's check, corporate surety bond or savings and loan certificate for faithful performance of the contract.

(Ord. 3253-C.S., § 1, amended by Ord. 3415-C.S., § 1, effective 7-27-06)

(Amended by Ord. 3518-C.S., § 1, 8-14-09; amended by Ord. 3536-C.S., § 1, effective 10-7-10; amended by Ord. 3571-C.S., § 1, effective 8-3-12)