Unless otherwise indicated, the following definitions shall
apply to all provisions of this chapter:
"Alternative purchasing procedure"
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.
"Authorized contracting party"
means the City official or body provided with authority under
this chapter to approve a contract or to make a purchase.
"City Manager"
means the City Manager or person designated by the City Manager
to perform all or some of the duties prescribed in this chapter.
"Commission"
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).
"Emergency"
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.
"Facility"
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.
"Formal competitive purchasing procedure"
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.
"General services"
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.
"Maintenance work"
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:
1.
Routine, recurring, and usual work for the preservation or protection
of any publicly owned or publicly operated facility for its intended
purposes.
3.
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.
4.
Sewer maintenance, including foaming, video taping, cleaning
and manhole restoration.
5.
Traffic signal maintenance. Maintenance work shall not include
installation of a new traffic signal.
6.
Storm drain related maintenance.
7.
Landscape maintenance, including mowing, watering, trimming,
tree pruning, planting, tree and plant replacement, irrigation and
sprinkler system servicing, retrofit and repair, and landscape rehabilitation.
8.
Maintenance of facilities, including roof repairs, heating and
air conditioning repairs, and electric repairs.
9.
Vehicle and equipment maintenance and repairs.
10.
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.
"Negotiated contract"
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.
"Professional services"
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.
"Public project"
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:
1.
Construction, reconstruction, erection, alteration, renovation,
improvement, demolition, and repair work involving any publicly owned,
leased, or operated facility.
2.
Roof replacements for publicly owned, leased or operated facilities.
3.
Painting or repainting of any publicly owned, leased, or operated
facility.
4.
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.
"Purchasing officer"
means the City Manager or his or her designee(s) as provided in Section
3.15.020. Pursuant to Section
3.15.020, the City Manager may change his or her designation at any time.
(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. $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)
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)