[1]
Prior legislation: Ord. 99-5.
A system of contracting for services is adopted in order to establish efficient procedures for the contracting of services at the lowest possible cost commensurate with quality needed, and to exercise positive financial control over contracting for services.
(Ord. 03-6; Ord. 21-03 § 1)
As used in this chapter, the following terms, phrases, words and their derivations shall be construed as herein stated, or have the meanings given therein:
"Agency"
means another governmental body other than the city such as a public agency as defined by California Government Code Section 6500, including federal, state, county, city and local government agencies such as school districts and special districts.
"Awarding authority"
means the city council or person authorized to award a contract.
"Bidder"
means any person submitting a competitive bid in response to a solicitation.
"Bidders' list"
means a list maintained by the purchasing officer setting out names and addresses of providers of various services, from whom bids, proposals, statements of qualifications, and quotations can be solicited.
"Consultants"
means independent contractors of the city who perform a variety of services including all professional services such as accountants, appraisers, architects, attorneys, auditors, designers, engineers, inspectors, physicians, surveyors, as well as non-professional and technical services such as cleaning and maintenance and other work that is not a public project as defined by the Public Contract Code.
"Contract"
means a binding agreement based upon mutual assent of the parties, made for a lawful purpose, between competent parties, in the form required by law, and generally supported by consideration.
"Negotiation"
means contracting through the use of either competitive or other than competitive proposals and discussions. Any contract/purchase order awarded without using sealed bidding procedures is a negotiated contract/purchase order. Further, negotiation is a procedure that includes the receipt of proposals from offerors, permits bargaining, and usually affords an opportunity to revise offers before award of a contract/purchase order. Bargaining in the sense of discussion, persuasion, alteration of initial assumptions of positions, and give-and-take may apply to price, schedule, technical requirements, type of contract/purchase order, or other terms of a proposed contract/purchase order.
"Payment bond"
means a contract of guarantee executed subsequent to award by the successful bidder to satisfy claims of material suppliers and of mechanics and laborers employed under the contract.
"Performance bond"
means a contract of guarantee executed subsequent to award by the successful bidder to protect the city from loss due to contractor's inability to complete the contract as agreed.
"Professional services"
means services such as, but not limited to, the services of accountants, appraisers, architects, attorneys, auditors, designers, engineers, inspectors, physicians, surveyors, and other professional and technical callings.
"Responsible bidder or offeror"
means a firm/person who has the capability in all aspects to perform in full contract requirements, and the integrity and reliability that will assure good faith performance.
"Responsive bidder"
means:
1. 
A firm/person who has submitted a bid that conforms in all material respects to the invitation for request for proposal;
2. 
One whose bid conforms in all material respects to the terms and conditions, the specifications and other requirements of the invitation for bid/request for proposal.
"Service"
means work that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. Services may be performed either by professional or nonprofessional personnel, whether on an individual or organizational basis. Examples of services or services contracts are (1) maintenance, overhaul, repair, servicing rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment, (2) facilities maintenance, (3) janitorial services, (4) advisory and assistance services, (5) telecommunication services, and (6) transportation and related services. "Service" does not include projects that are "public projects" under the Public Contract Code.
"Sole source procurement"
means an award for services of the only known capable supplier, occasioned by the unique nature of the requirement, the supplier, or market conditions.
(Ord. 03-6; Ord. 21-03 § 1)
A. 
For procurement of services equal to or over $50,000, a request for proposal (RFP) shall be solicited from at least three (3) firms from the bidders' list of consultants maintained for that particular type of work. The RFP shall include, at a minimum, (1) proposal submittal requirements, (2) scope of work, (3) selection criteria, and (4) contract documents, such as the contract agreement and insurance certificates. Contracts for services less than $100,000 may be awarded by the city manager or finance director, or by the city attorney if for legal services. The city council shall award such contracts for work more than $100,000.
Contracts for services less than $200,000 for the public works department may be awarded by the city manager or finance director, or by the city attorney if for legal services. The city council shall award such contracts for work more than $200,000 for the public works department.
B. 
For procurement of services less than $50,000, the city manager or the finance director may award such contracts after verbal or written proposals have been received from at least two firms from the bidders' list of consultants maintained for that particular type of work. The city attorney may award contracts for legal consultants less than $50,000.
C. 
Contracts for services from a sole source provider more than $100,000 shall be awarded by the city council. Contracts for services less than $100,000 may be awarded by the city manager or finance director or by the city attorney if for legal services.
Contracts for services from a sole source provider more than $200,000 for the public works department shall be awarded by the city council. Contracts for services less than $200,000 for the public works department may be awarded by the city manager or finance director or by the city attorney if for legal services.
(Ord. 03-6; Ord. 21-03 § 1)
The procurement of work for a public project shall be by written contract following the California Uniform Public Construction Cost Accounting Act.
(Ord. 03-6; Ord. 21-03 § 1)
The awarding authority may require a payment and/or performance bond before entering into a contract in such amount as it finds reasonably necessary to protect the best interests of the city and as required by state law.
(Ord. 03-6; Ord. 21-03 § 1)
The city manager or finance director may enter into an agreement for services from a bidder awarded a bid by another agency if said agency used procedures substantially the same as those normally used by the city, provided said agreement is less than $100,000 and funds are appropriated in the city's budget for such purpose.
For an agreement for services from a bidder awarded a bid by another agency in an amount more than $100,000, the city council may award said agreement.
The city manager or finance director may enter into an agreement on behalf of the public works department for services from a bidder awarded a bid by another agency if said agency used procedures substantially the same as those normally used by the city, provided said agreement is less than $200,000 and funds are appropriated in the city's budget for such purpose.
For an agreement on behalf of the public works department for services from a bidder awarded a bid by another agency in an amount more than $200,000, the city council may award said agreement.
(Ord. 03-6; Ord. 21-03 § 1)
For professional service agreements up to $100,000 in value, the finance director or city manager may award an agreement for services to a responsible/responsive bidder who did not submit the lowest bid price but is, in the city manager's or finance director's judgment, most capable in all material aspects to perform full contract requirements. For legal consultant agreements up to $100,000, the city attorney may award an agreement for services to a responsible/responsive bidder who did not submit the lowest bid price but is, in the city attorney's judgment, most capable in all material aspects to perform full contract requirements. For agreements $100,000 or above in value, the city council may award an agreement for services to a responsible/responsive bidder who did not submit the lowest bid price but is, in the city council's judgment, most capable in all material aspects to perform full contract requirements.
For professional service agreements on behalf of the public works department up to $200,000 in value, the finance director or city manager may award an agreement for services to a responsible/responsive bidder who did not submit the lowest bid price but is, in the city manager's or finance director's judgment, most capable in all material aspects to perform full contract requirements. For agreements on behalf of the public works department $200,000 or above in value, the city council may award an agreement for services to a responsible/responsive bidder who did not submit the lowest bid price but is, in the city council's judgment, most capable in all material aspects to perform full contract requirements.
(Ord. 03-6; Ord. 21-03 § 1)