Unless otherwise indicated, the following definitions shall
apply to all provisions of this chapter:
means the Uniform Public Construction Cost Accounting Act
found at Public Contract Code Section 22000 et seq.
means purchasing supplies, services or equipment when any
of the following situations exist: an emergency; no competitive market;
competitive bidding already completed; state purchases; or no bids
received.
means the City official or body provided with authority under
this chapter to approve a contract or to make a purchase.
means the City Manager or person designated by the City Manager
to perform all or some of the duties prescribed in this chapter.
means the California Uniform Construction Cost Accounting
Commission created by Division 2, Part 3, Chapter 2, Article 2 of
the California Public Contracts Code (commencing at Section 22010).
bidding means quotes shall be obtained and a pricing quote
sheet completed. A vendor agreement or letter of agreement shall be
completed when required.
for purposes of public projects shall have that meaning provided
in Public Contract Code Sections 22035 and 22050. Emergency for all
other purchasing purposes means a situation which makes competitive
bidding, either formal or informal, impractical or not in the best
interests of the City.
shall have that meaning provided in Section 22002(e) of the
Act, as that section may be amended from time to time. In this light,
facility shall include any plant, building, structure, ground facility,
utility system, subject to the limitation found in paragraph 4 of
the definition for public project, real property, streets and highways,
or other public works improvements.
means a procedure which meets the requirements of state and
local law, including the Act, this chapter and any policies and procedures
approved by the City Manager consistent with this chapter. The City
Council shall approve plans and specifications for purchases, with
the exception of vehicles, of more than $75,000; the project shall
be publicly noticed as required by law so all interested vendors can
participate; bid packets may be prepared for purchase by vendors;
and the vendor shall be approved by the City Council based on established
criteria.
mean all services performed by persons not in a professional
occupation, including, but not limited to, contract services for park,
electrical and computer repair; building, facility and vehicle maintenance;
recreation programs; and other similar services which are not professional
services.
means that at least three bids shall be obtained from a predetermined
vendor list and the City Manager shall approve final selection.
shall have that meaning provided in Section 22002(d) of the
Act, as that section may be amended from time to time. In this light,
maintenance work shall include, but shall not be limited to, all of
the following:
Routine, recurring, and usual work for the preservation or protection
of any publicly owned or publicly operated facility for its intended
purposes.
Minor repainting.
Street and highway maintenance, including utility patching,
skin patching, crack filling, filling of pot holes, slurry sealing,
edge grading, street striping, resurfacing of streets and highways
at less than one-inch, sign replacement, sidewalk repair and replacement,
curb and gutter repair and replacement, and street and traffic light
repair and replacement. Maintenance work shall not include striping
of a new street or highway.
Sewer maintenance, including foaming, video taping, cleaning
and manhole restoration.
Traffic signal maintenance. Maintenance work shall not include
installation of a new traffic signal.
Storm drain related maintenance.
Landscape maintenance, including mowing, watering, trimming,
tree pruning, planting, tree and plant replacement, irrigation and
sprinkler system servicing, retrofit and repair, and landscape rehabilitation.
Maintenance of facilities, including roof repairs, heating and
air conditioning repairs, and electric repairs.
Vehicle and equipment maintenance and repairs.
Work performed to keep, operate, and maintain publicly owned
water, power, or waste disposal systems, including, but not limited
to, dams, reservoirs, powerplants, and electrical transmission lines
of 230,000 volts and higher.
shall mean a letter of agreement, vendor agreement, contract,
professional services agreement, maintenance services/public works
projects agreement or written documentation which details terms and
conditions of the purchase.
means all services performed by persons in a professional
occupation, including, but not limited to, consulting and performance
services for accounting, auditing, computer hardware and software
support, engineering, architectural, planning, redevelopment, financial,
economic, personnel, social services, animal control, legal, management,
environmental, cable television, communication and other similar professional
functions which may be necessary for the operation of the City.
shall have that meaning provided in Section 22002(c) of the
Act, as that section may be amended from time to time. In this light,
public project shall not include maintenance work. In addition, public
project shall include, but shall not be limited to, all of the following:
Construction, reconstruction, erection, alteration, renovation,
improvement, demolition, and repair work involving any publicly owned,
leased, or operated facility.
Roof replacements for publicly owned, leased or operated facilities.
Painting or repainting of any publicly owned, leased, or operated
facility.
In the case of a publicly owned utility system, "public project"
shall include only the construction, erection, improvement, or repair
of dams, reservoirs, powerplants, and electrical transmission lines
of 230,000 volts and higher.
(99-11)
There is established in the office of the City Manager the role
of a purchasing officer. The purchasing officer shall be the City
Manager or his or her designee(s). If the City Manager designates
one or more persons to act in this role, the purchasing officer(s)
shall serve at the pleasure of the City Manager. The duties of the
purchasing officer may be combined with those of any other officer(s)
or position(s).
(99-11)
The purchasing officer, in accordance with the policies set
forth in this chapter and in any written procedures approved by the
City Manager consistent with this chapter, shall have the power to:
A.
Purchase
or contract for supplies, services and equipment required by the City.
B.
Negotiate
and recommend to the City Council execution of contracts for the purchase
of supplies, services and equipment.
C.
Prepare
and implement policies and procedures governing the bidding, contracting,
purchasing, storing, distribution and disposal of supplies, services
and equipment for the City.
D.
Prescribe
and maintain such forms as may be reasonably necessary to the implementation
of this chapter and any other policies and procedures approved by
the City Manager consistent with this chapter.
E.
Review
the working details, drawings, plans and specifications for any projects
or purchases requiring such review in this chapter.
F.
Inspect
or supervise the inspection of purchased supplies, services and equipment
to ensure conformity with any specifications established or required
by the City.
G.
Transfer
among departments any supplies, services and equipment not needed
by one such department, but which are necessary for the operation
of one or more other departments.
H.
Sell
any supplies and equipment not needed for public use or that may become
unsuitable for their intended use.
I.
Develop
and maintain any bidder's list, contractor's list or vendor's catalog
file necessary to the operation of this chapter and any other policies
and procedures approved by the City Manager consistent with this chapter.
(99-11)
A.
The
City shall secure supplies, services and equipment at the lowest total
cost commensurate with the quality and scope needed, and subject to
any limitations imposed by state law. Notwithstanding the foregoing,
the City shall secure professional services based upon demonstrated
competence, professional qualifications and suitability for the project
in general. The City may consider cost of professional services if
the authorized contracting party determines it to be a relevant factor
under the circumstances.
In order to promote the economic health and development of the
City, to recognize the amount of sales tax that is returned to the
City as a result of the award of a purchase contract for supplies
and equipment to a Claremont vendor, to encourage local participation
in the procurement process, and to exercise the prudent use of public
funds, the City Council may, by minute action, award a bid to a Claremont
vendor provided the local bid does not exceed the lowest bid by more
than 5% or $10,000, whichever is less.
For purposes of this section, "Claremont vendor" shall mean
a local business enterprise whose business address at the point of
sale is located within the geographical boundaries of the City and
who maintains a valid license or permit to do business in the City.
B.
The
purchasing officer shall develop, for approval by the City Manager,
such policies and procedures as are necessary to implement the provisions
of this chapter. The policies and procedures shall be written and
implemented in such a way to encourage open and competitive bidding,
provide equal opportunity based on merit, make each selection process
free of invidious discrimination, provide for efficient and timely
acquisition of needed supplies, services and equipment, and provide
effective fiscal controls.
C.
In purchasing,
supplies, services and equipment, the City shall make use of competitive
bidding, either direct, formal or informal, whenever required by law,
this chapter, or any policies and procedures approved by the City
Manager consistent with this chapter.
D.
Direct, formal or informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to Sections 3.15.090(A) of this chapter. With respect to emergencies involving public projects of $25,000 or more, however, this waiver of competitive bidding shall last only so long as the emergency exists in the determination of the City Council.
(99-11; 00-02)
A.
$5,000 or Less. Any purchase of $5,000 or less may be awarded by
the division head responsible for the project by any direct competitive
purchasing procedure as defined herein.
B.
$25,000 or Less. Any purchase of $25,000 or less may be awarded by
the director of the department responsible for the project by any
direct competitive purchasing procedure as defined herein.
C.
$50,000 or Less. Any purchase of $50,000 or less may be awarded by
the City Manager by any direct competitive purchasing procedure as
defined herein.
D.
$50,000.01 — $75,000. Any purchase of more than $50,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the informal competitive purchasing procedure set forth in Section 3.15.070. If all bids received are over $75,000, the City Council may, with the approval of a 4/5 vote of those members present, award the contract in an amount not exceeding $80,000 to the lowest responsive and responsible bidder, so long as the City Council also determines that the City's cost estimate for the project was reasonable.
E.
$75,000.01 or More. Any purchase of more than $75,000 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the formal competitive purchasing procedure set forth in Section 3.15.080.
F.
City Engineer Approval. The City Engineer shall review and approve
the working details, drawings, plans, and specifications prepared
for public projects and maintenance work where applicable in the areas
of streets, sewer, storm drains, and traffic signals, but not necessarily
for parks, buildings, and landscaping, which may affect the engineering
design or operation of public improvements and which may bring into
question the City's liability for dangerous conditions of public
property.
G.
City Council Approval. The City Council shall review and approve
applicable working details, drawings, plans and specifications prepared
for every purchase, with the exception of vehicles, of more than $75,000.
H.
Purchasing Officer Approval. The purchasing officer, or his or her
designee, shall review and approve all contracts for public projects
of $5,000 or more.
I.
Five-Year Term Limitation. No agreement or contract shall extend
for a period of more than five years, including any authorized extensions.
(12-02; 2024-02, 4/23/2024)
A.
Uses of Claremont Direct Competitive Purchasing Procedure. This direct
purchasing procedure shall be used for purchases between $5,000 and
$25,000.
B.
At least three vendors shall be contacted to provide informal quotes.
C.
The department shall maintain a list of predetermined vendors.
(99-11; 08-02; 2024-02, 4/23/2024)
A.
Uses
of Claremont Informal Competitive Purchasing Procedure. This informal
purchasing procedure shall be used for purchases between twenty-five
thousand and one dollar ($25,001) and $75,000.
B.
Contractor/Vendor
List. The department shall maintain a list of qualified contractors.
C.
Distribution
of Notice Inviting Informal Bids. At least three vendors or contractors
shall be asked to submit informal bids, and the City shall endeavor
to receive informal bids from at least three vendors or contractors.
Notices inviting informal bids shall be mailed to the list of qualified
contractors and/or trade journals not less than 10 days before bids
are due.
D.
Contents
of Notice Inviting Informal Bids. When soliciting informal bids, staff
shall: (1) describe to the vendor in general terms the project, service
or item; (2) advise vendors how to obtain additional information about
the project; (3) state the date, time and place for the submission
of bids; and (4) include any other information required by state or
local law, as determined by the City Attorney. Informal bids for purchases
of more than $25,000 shall be sealed bids.
E.
Proprietary
Projects or Products. If the director of the using department certifies
that, to the best of his or her knowledge, the product or service
is proprietary in nature and can be obtained only from a limited number
of contractors, and that no equivalent products or services are available,
the notice inviting informal bids may be sent exclusively to such
vendor(s) or contractor(s).
F.
Contents
of Remaining Bid and Contract Documents. The contents and form of
the remaining bid and contract documents shall be approved by the
director of the using department, as well as the City Attorney.
G.
City's
Authority. The City may reject any or all bids received, and may waive
any minor irregularities in each bid received.
H.
Proposal
Submittal. Contractors shall submit their proposals in writing.
I.
No Bids
Received. If no bids are received, the authorized contracting party
may award the contract by any alternative purchasing procedure.
(99-11)
A.
Uses
of Formal Competitive Purchasing Procedure. This formal purchasing
procedure shall be used for purchases greater than $75,000 or whenever
formal competitive purchasing is otherwise required by this chapter.
B.
Required
Process. The formal competitive purchasing procedure shall comply
with all aspects of state and local law governing formal competitive
bidding, including, but not limited to, the Public Contract Code,
Government Code, Labor Code, resolutions of the City Council as may
be adopted from time to time, and policies and procedures as the City
Manager may approve from time to time.
C.
Distribution
of Notice Inviting Formal Bids. The notice inviting formal bids shall
comply with Section 22037 of the Act, as such section may be amended
from time to time. For public projects only, the notice inviting formal
bids shall also be sent to all construction trade journals specified
in Section 22036 of the Act at least 30 calendar days before the date
of bid opening. Any other notice as may be deemed proper may also
be given for any particular project.
D.
Contents
of Notice Inviting Formal Bids. At a minimum, the notice inviting
formal bids shall: (1) describe the project in general terms; (2)
state how to obtain more detailed information about the project; (3)
state the date, time and place for the submission of sealed bids;
and (4) include any other information required by state or local law,
as determined by the City Attorney.
E.
Contents
of Remaining Bid and Contract Documents. The contents and form of
the remaining bid and contract documents shall be approved by the
director of the using department, as well as the City Attorney.
F.
City's
Authority. The City may reject any or all bids received, and may waive
any minor irregularities in each bid received.
G.
Proposal
Submittal. Contractors shall submit their proposals in writing.
H.
No Bids
Received. If no bids are received, the authorized contracting party
may award the contract by any alternative purchasing procedure.
(99-11)
For non-public projects and other situations provided in this
section, an alternative purchasing procedure which results in a negotiated
contract, force account, purchase order or any other procedure determined
by the authorized contracting party to be in the best interests of
the City and in compliance with the City's policies and procedures
may be used.
A.
Emergencies.
In situations determined by the City Manager to constitute an emergency
for a public project pursuant to Section 22035 of the Act and Public
Contract Code Section 22050. The City Council hereby delegates to
the City Manager the power to declare a public emergency and take
any directly related and immediate action required by the emergency,
up to a total of $100,000, pursuant to Section 22035 of the Act and
Public Contract Code Section 22050. Emergency expenditures of more
than $100,000 shall first be approved by the City Council. Work shall
be performed without the benefit of competitive purchasing, either
formal or informal, only so long as necessary under those sections.
For projects of more than $25,000, a report on the emergency
and work performed shall be provided at the next regular meeting of
the City Council, and then at every meeting thereafter required by
Section 22050. At such meetings, the City Council shall determine,
by a four-fifths (4/5) vote, that there is a need to continue the
action without the benefit of informal or formal competitive purchasing
in accordance with Section 22035 of the Act and Public Contract Code
Section 22050. The City Council shall terminate the emergency action
at the earliest possible date that conditions warrant, so that the
remainder of the emergency action may be completed pursuant to a formal
competitive purchasing procedure.
For projects of $25,000 or less, the City Manager shall determine,
on his or her own as the action continues, whether there is a need
to continue the action without the benefit of public project informal
competitive purchasing. The City Manager shall terminate the emergency
action at the earliest possible date that conditions warrant, so that
the remainder of the emergency action may be completed pursuant to
an informal competitive purchasing procedure.
B.
Professional
Services. When purchasing professional services.
C.
Computers.
When purchasing computer software, hardware maintenance services or
software maintenance services.
D.
Competitive
Bidding Already Completed. When the authorized contracting party determines
that a competitive bid procedure has been conducted by another public
agency (e.g., through CMAS or GSA) and the price to the City is equal
to or better than the price to that public agency.
E.
State
Purchase. When the purchase is made on behalf of the City by the State
Department of General Services.
F.
No Bids
Received. When no bids are received pursuant to either the public
project informal competitive purchasing procedure or the formal competitive
purchasing procedure.
G.
No Competitive
Market. When the authorized contracting party determines that a competitive
market does not exist, such as, but not limited to, with memberships
in certain professional organizations, meetings, conventions, some
forms of travel, legal advertising and when the needed supplies, services
and equipment are proprietary and can only be provided by one source.
H.
Best
Interests of the City. When the City Council, on recommendation of
the City Manager, determines that an alternative procedure will be
in the best interests of the City and the policies set forth in this
chapter.
(99-11)
