The Director shall use Contracts in standard form prepared by
the City Attorney that incorporate all required standard terms and
conditions for use in City Contracts. Purchase Order forms shall include
standard terms and conditions as may be required by the City Attorney.
Any variation of standard terms and conditions shall require review
and approval by the City Attorney prior to their use in any Procurement.
All Contracts shall incorporate provisions ensuring the City's
ability to audit and inspect a Contractor's accounting system
and records, including at a Contractor's place of business,
and extending to any subcontractor records.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
Except on locally funded Public Projects of $25,000 or less
when the Public Project is for construction work, or $15,000 or less
when the Public Project is for alteration, demolition, repair or Maintenance
Work, all Contractors performing work on City Public Projects shall
be subject to California Prevailing Wage Law, codified at California
Labor Code section 1720 et seq., as it may be amended from time to
time, or otherwise required by law. The only limitation on the provisions
of this subsection shall be in the event federal funding requirements
supersede state prevailing wage laws, the higher wage rates shall
apply. Any Notice Inviting Bids for Public Projects subject to the
California Prevailing Wage Law shall include notification of this
subsection.
(Ord. 1605 § 1,2002; Ord. 1863 § 1, 2014; Ord. 2049 § 1, 2021)
(1)
Specified
Period.
Unless otherwise provided by law and in accordance with this
section, a Contract for Supplies or Services may be entered into for
any period of time deemed to be in the best interest of the City provided
the term of the Contract and conditions of renewal or extension, if
any, are included in the solicitation and funds are available for
the first fiscal year period at the time of award of Contract. Payment
and performance obligations for succeeding fiscal year periods shall
be subject to the availability and appropriation of funds therefor.
Any multi-year Contract exceeding a potential term of five years,
including any options to renew or extend, shall be approved by the
City Council.
(2)
Use.
A multi-year Contract is authorized where:
(a)
Estimated requirements cover the period of the Contract and are reasonably
firm and continuing;
(b)
The term of the Contract and conditions of renewal or extension,
if any, are included in the solicitation; and
(c)
Such a Contract will serve the best interests of the City by encouraging
effective competition or otherwise promoting economies in City Procurement.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
All documents may be executed by the City Manager whenever such
authorization is granted in a resolution, motion, or minute order
adopted by the City Council. All Contracts shall be "approved
as to form" by the City Attorney and attested by the city clerk.
Contracts which do not require City Council approval shall be executed
by City Manager, or designee pursuant to the Signature Authority.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
Notwithstanding any other provision of law, the use of electronic
media, including acceptance of electronic signatures and participation
in the state of California "Cal-Card" procurement card
program, is authorized consistent with federal and state of California
applicable statutory, regulatory or other guidance for such media,
so long as such guidance provides: (1) appropriate security to prevent
unauthorized access to the bidding, approval, and award processes;
(2) appropriate protection is provided to protect the City from unauthorized
charges; and (3) accurate retrieval or conversion of electronic forms
of such information into a medium which permits inspection and copying.
Records may be kept in electronic form.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
