Stockton Municipal Code

Chapter 3
ADMINISTRATIVE

Part IX
BIDDING, CONTRACTING, AND PURCHASING PROCEDURES

Division I
GENERAL PROVISIONS

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SEC. 3-100. TITLE:
This Part shall be known as the City of Stockton Bidding, Contracting, and Purchasing Ordinance.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-101. PURPOSE:
The purpose of Chapter 3, Part IX, is to establish procedures for the purchase of supplies, equipment and services; to secure for the City of Stockton supplies, equipment and services at the lowest possible cost commensurate with quality needed; to exercise positive financial control over purchases and contracts; and to define clearly authority for the purchasing and contracting function.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-102. DEFINITIONS:
A. "City" shall mean the City Manager or, with respect to their respective departments, other Council appointees or officers specifically designated to act for such officials.
B. "Emergency" shall mean an unforeseen circumstance or combination of circumstances calling for immediate action to procure materials, supplies, equipment or services in order to make repairs, safeguard lives or property, or maintain public health or welfare, as a result of extraordinary conditions created by war, disease, weather, fire, or other catastrophe or unforeseen occurrence or imminent or actual failure of any plant, equipment, structure, street or public work.
C. "Purchase" shall mean and include rental or lease of supplies, as well as purchase.
D. "Services" shall mean and include labor, professional services, consulting services, or a combination of services and supplies.
E. "Supplies" shall mean and include supplies, materials, commodities, and equipment.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-103. CONTRACTS OF TWENTY THOUSAND DOLLARS ($20,000.00) OR MORE:
Except as otherwise provided in this Part, all contracts for supplies or services involving an expenditure of twenty thousand dollars ($20,000.00) or more shall be awarded by the City Council and shall be let to the lowest and best regular responsible bidder. The twenty thousand dollar ($20,000.00) limitation provided for in this Chapter may be increased by resolution of the City Council in an amount not to exceed the percentage increase in the Oakland/San Francisco Bay Area Consumer Price Index, "All Urban Consumers" on a year-to-year basis.
In the event that the United States Department of Labor, Bureau of Labor Statistics is discontinued or revised, such government index or computation with which it is replaced shall be used.
(Amended by Ordinance 007-94C.S. — Effective March 23, 1994) (Amended by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-103.1. STOCKTON CITY UTILITIES; PUBLIC VOTE:
A. Any action by the Stockton City Council to sell, transfer, lease, or otherwise encumber any part of or any interest in City utilities, or to authorize or enter into any agreement in excess of five million dollars ($5,000,000) that assigns any aspect of the operation and maintenance of, or the collection of revenue for, City utilities to any private or for-profit entity, or any combination of those actions, shall be without force and effect unless and until it is approved by a majority of voters of the City of Stockton either: at the next general municipal election occurring at least forty-five (45) days after the action by the Council, or at a special election to be held not less than sixty (60) days after that action by the Council.
B. As used in this section, “City utilities” means every component and facility of the water storage, treatment, and delivery system and the wastewater and stormwater collection, storage, treatment, and discharge systems of the City of Stockton.
(Added by Ordinance 012-03 C.S. – Effective April 4, 2003)

SEC. 3-104. CONTRACTS UNDER TWENTY THOUSAND DOLLARS ($20,000.00):
Subject to the availability of funds and the procedures set forth in this Part, the City of Stockton may be bound by written contract, purchase order or other action consistent with written policies of the City, by the appropriate officials for expenditures not amounting to twenty thousand dollars ($20,000.00) in any one transaction without advertising or previous specific action by the City Council for the purchase of supplies or payment for services, or a combination thereof.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-105. EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENT FOR CONTRACTS OVER TWENTY THOUSAND DOLLARS ($20,000.00):
Contracts for twenty thousand dollars ($20,000) or more may be awarded without competitive bidding in cases where the City Council has approved findings which support and justify exceptions to the competitive bidding process. These circumstances may include, but are not to be limited to, the following:
(a) Cases of emergencies;
(b) Public Works construction contracts for design-build projects;
(c) Negotiated contracts following solicitation of competitive proposals;
(d) Sole source vendors;
(e) Cooperative purchasing agreements authorized by the City Council for the purchase of supplies or services through other governmental jurisdictions or public agencies;
(f) When, after advertising for bids as required herein, no valid bids are received.
Except in circumstances set forth in subparagraphs (a), (e) and (f), above, no contract shall be awarded pursuant to such exceptions unless findings to support and justify such exceptions have been approved by the City Council before any request for proposal is issued. In cases of emergencies, a written report, including the findings upon which the emergency was based, shall be provided to the City Council no later than its next regularly scheduled Council meeting.
(Amended by Ordinance 040-02C.S. – Effective Oct. 24, 2002) (Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-106. UNAUTHORIZED PURCHASES:
It shall be unlawful for any officer or employee to purchase or contract for supplies or services for the City of Stockton other than as herein prescribed, excepting purchases made from petty cash. Any purchases, contracts or obligations incurred contrary to the provisions of this Part shall be voidable.
(Added by Ordinance 045-92C.S. — Effective Dec. 3, 1992)

SEC. 3-106.1. LOCAL BUSINESS PREFERENCE:

Preference shall be given to the purchase of supplies, materials, equipment and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Chapter 6, Division 5, shall be granted a three (3) percent bid preference. The three (3) percent preference shall be based on the amount of that portion of the bid which is subject to sales tax. This is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into the City.
(Added by Ordinance 011-05c.s. - Effective Oct. 27, 2005)