HomeMy WebLinkAbout2004-06-07 Ordinance 4827I I .
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follows:
ORDINANCE NO. 4827
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING AND RESTATING CHAPTER 2. 3 a OF THE
PALO ALTO MUNICIPAL CODE IN ITS ENTIRETY
[CONTRACTS AND PURCHASING PROCEDURES] TO
ESTABLISH NEW CONTRACTING AND PURCHASING
PROCEDURES AND TO DEFINE THE CONTRACT AUTHORITY
OF CITY OFFICERS AND EMPLOYEES
The Council of the Ci ty of Palo Al to does ORDAIN as
SECTION 1. Chapter 2.3 a of the Palo Al to Municipal Code
is hereby amended in its entirety to read as follows:
PART 1 GENERAL
2.30.010 Purposes.
This chapter defines the contract procurement procedures and
requirements for public works construction, general services,
professional services, wholesale utility commodities and goods.
This chapter establishes the contracting authority of the
manager of purchasing and contract administration ( "purchasing
manager"), designated employees, the city manager, the city
attorney and the council. The purpose of this chapter is to
foster and encourage the use of best management practices in
contracting, to ensure quality and efficiency while obtaining
goods, services, equipment, materials and supplies at the lowest
cost commensurate with the quality needed; to provide for a fair
and equitable procurement process utilizing standardized
solicitation procedures; and to maintain honesty and integrity
within the procurement process.
2.30.020 Scope.
(a) Contracting Authority. Part three of this chapter
establishes the authority of certain officers and employees of
the city to award and sign contracts.
(1) The city manager, purchasing manager, and their
authorized delegates and certain designated employees may
award and sign contracts within the limits of their
authori ty for: public works construction, general
services, professional services, wholesale utility
commodities and other energy and energy-related contracts,
and contracts or purchase orders for goods, materials,
equipment and supplies.
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(2) The city attorney and authorized delegates may enter
into and sign contracts with the limits of their authority
for legal services.
(3) The city manager may also award or approve, and sign,
contracts within the limits of his or her authori tyto:
rent, lease, license, acquire or purchase interests in real
property from other parties; rent, lease or license city
property; provide municipal services to other public
enti ties; provide for indemnity or risk of loss; and any
other contract involving city expenditure of an amount of
$85,000 or less.
(b) Solicitation and Award Procedures and Requirements.
Contracts for public works construction, general services and
professional services, wholesale utility commodities and other
energy and energy-related contracts, and contracts or purchase
orders for goods, materials, equipment and supplies shall be
awarded pursuant to the procedures contained in this chapter.
The solicitation and award procedures and requirements contained
in this chapter shall not apply to the following:
(1) Subdivision agreements, improvement agreements,
deferred parking agreements, development agreements and
other land use contracts entered into between the city and
property owners or developers pursuant to other parts of
this code;
(2) Franchises and franchise agreements;
(3) Contracts between the city and other public entities
for city provision of services to the other entities;
(4) Transactions involving the acquisition and disposal of
real property; and
(5) Agreements to provide funds pursuant to the human
services resource allocation process or community
development block grant program.
2.30.030 Council contract policies adopted by resolution.
The council may from time to time adopt by resolution policies
related to contract solicitation and award procedures and
requirements. The policies may include, but shall not be
limited to, policies addressing local boycotts, protest
procedures, and price preferences for use of recycled or
sustainable goods and for local businesses. The policies shall
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not conflict with, but may be in addition to, any provisions of
this chapter. All council policies shall be considered and
implemented in the solicitation and award of contracts.
2.30.040 Centralized purchasing.
Purchasing to be centralized. All purchases shall be made
through the purchasing manager, except:
(a) Purchases made from petty cash funds pursuant to control
procedures approved by the ci ty manager and contained in the
administrative policies and procedures manual maintained by the
city manager;
(b) Emergency purchases made in conformance with control
procedures approved by the city manager and contained in the
purchasing manual;
(c) Contracts for legal services;
(d) Purchases by city credit card, made in conformance with
control procedures approved by the city manager and contained in
the purchasing manual;
(e) Purchases, where the total expenditure by the city does not
exceed $5,000, made in conformance with control procedures
approved by the city manager and contained in the purchasing
manual; and
(f) Transactions under master contracts for wholesale utility
commodities as defined in section 2.30.140 made in conformance
with section 2.30.340.
2.30.050 Purchasing manual.
The purc~asing manager shall prepare a written purchasing .manual
that implements the requirements of this chapter. The
purchasing manual shall establish and describe in detail the
contract solicitation and award procedures and requirements that
must be followed in making purchases on behalf of the city. The
purchasing manual shall include, among other things, control
procedures established under the authority of this chapter. The
city manager shall approve the purchasing manual and any
modifications made to the manual from time to time.
2.30.060 Validity of contracts and purchase orders.
The city shall not be and is not bound by any contract, purchase
order, document, or any other agreement unless it is in a
writing which is both:
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(a) Approved by the council and signed by the mayor, vice mayor
or other duly authorized officer or employee on behalf of the
city as provided in this chapter; and
(b) Approved as to form by the city attorney as provided in
section 2.30.070.
The foregoing requirements shall not apply to authorized
purchases with a city credit card.
2.30.070 Approval as to for.m by the city attorney.
The city attorney shall approve as to form all contracts,
purchase orders, documents and other agreements. The city
attorney approval as to form may be performed on a general basis
(standardized form contract) or on an individual basis. No
city office or department other than the city attorney is
authorized to create, modify or approve for use standardized.
form contracts.
Each contract, purchase order, document or other agreement that
is subject to individual review and approval shall be signed by
the city attorney to signify that it is approved as to form. A
standardized form contract that has been approved by the city
attorney for general use may be used without further approval or
signature by the city attorney so long as the form is not
modified.
The purchasing manager in consultation with the city attorney
and the city auditor shall be responsible for creating a control
system fo:rl the creation and use of standard form contracts,
purchase orders, documents and other agreements to be included
in the purchasing manual.
2.30.080 Interpretive authority.
The city attorney shall have the sole authority to interpret the
provisions of this chapter and to issue rulings or opinions
concerning the meaning and application of the provisions of this
chapter.
2.30.90 No conflicting policies or procedures.
No city department, commission or other division or body may
adopt or create an internal policy or procedure that conflicts
with or is not consistent with any provision of this chapter.
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PAR'!' 2 CON'l'RAC'!' '!'YPES
2.30.100 Public works contract.
A public works contract is a contract paid for in whole or in
part out of public funds for the construction, alteration,
repair, improvement, reconstruction or demolition' of any public
building, street, sidewalk, utility, park or open space
improvement, or other public improvement.
2.30.110 Contract for goods.
A contract for goods is a contract for the purchase of supplies,
materials or equipment including, but not limited to, office
supplies, janitorial supplies, furnishings, machinery, tools,
vehicles, computer hardware and other personal property,
materials or goods. A contract for goods includes blanket
purchase order contracts where no particular quantity of units
to be purchased is established at the time the contract is
executed. A blanket purchase order contract must establish a
maximum dollar amount for the contract and set forth pricing
terms for the items to be purchased. A contract for goods may
include labor incidental to the purchase of goods, such as set-
up, installation, and testing.
2.30.120 General services contract.
A general services contract is a contract, with or without the
furnishing of supplies or equipment, for work, labor or services
including, but not limited to:
(a) Maintenance of public buildings, streets,
playgrounds and other public improvements;
parks and
(b) Repair, modification and maintenance of equipment;
(c) Licensing,
software;
installation and maintenance of computer
(d) Janitorial services, uniform cleaning, tree trimming,
street sweeping, power washing and landscape maintenance; and
(e) Leasing of personal property for use by the city.
2.,30.130 Professional services contract.
A professional services contract is a contract for services
which involve the exercise of professional discretion and
independent judgment based on specialized knowledge, expertise
or training. These services may include, but are not limited
to, those provided by accountants, auditors, appraisers,
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architects I attorneys I engineers I financial advisors I
information technology experts I instructors I and planners.
2.30.140 Contracts for wholesale utility commodities.
A contract for wholesale utility commodities is a contract with
a private or public supplier or counterparty (in the case of gas
or electricity) for the purchase or sale-incidental-to-purchase
of water I gas or electricity and all related supplemental or
ancillary services and any other energy or energy-related
contract. A contract for wholesale utility commodities
includes I but is not limited tOI a master agreement containing
general terms and conditions that provide for the execution of
one or more purchase or sale-incidental-to-purchase transactions
under the terms of a standard form contract and any exhibit or
addendum thereto.
2.30.150 Contracts for dark fiber optics licensing services.
A contract for dark fiber optics licensing services is a
contract with a telecommunications or non-telecommunications
carrier for the licensing of city-owned, city-installed and
city-maintained dark "fiber optics and related facilities, if
any, located in the public right-of-way and public utility
easements. A telecommunications carrier includes any person
subject to the Telecommunications Act of 1996 1 as amended. A
non-telecommunications carrier includes any person that is not a
telecommunications carrier.
PART 3 CONTRACTING AUTHORITY
2.30.200 Purchasing manager contract award authority.
The purchasing manager may award and sign the following
contracts:
(a) Public works contracts. Public works contracts where the
contract price, plus any contingency established for change
orders, does not exceed $85 /000.
(b) Contracts for goods. Contracts to purchase goods where the
term does not exceed three years, and the contract price, plus
any contingency established for change orders or additional
servicesl but excluding sales or use tax, does not exceed
$85,000 in the first year l and does not exceed $85 1 000, plus any
unexpended monies carried forward from a prior fiscal yearl in
any subsequent contract year.
(c) General services contracts. General services contracts where
the term does not exceed three years, and the contract price,
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plus any contingency established for change orders or additional
services, but excluding sales or use tax, does not exceed
$85,000 in the first year, and does not exceed $85,000 plus any
unexpended monies carried forward from a prior year, in any
subsequent contract year.
(d) Professional services contracts. Professional services
contracts where the term does not exceed three years, and the
contract price, plus any contingency established for change
orders or additional services, but excluding sales or use tax,
does not exceed $85,000 in the first year, and does not exceed
$85,000, plus any unexpended monies carried forward from a prior
year, in any subsequent contract year.
(e) Software maintenance contracts. Notwi ths tanding subsect ion
2.30.200(c), the purchasing manager may award and sign contracts
for maintenance of licensed computer software for any period of
time during which the city maintains licenses for the software,
where the contract price, excluding sales or use tax, does not
exceed $85,000 per year in the first year and does not exceed
$85,000, plus any unexpended monies carried forward from a prior
year, in any subsequent contract year.
2.30.210 City manager contract award authority.
The city manager may award and sign the following contracts:
(a) Public works contracts. Public works contracts where the
contract price, plus any contingency established for change
orders, is greater than $85,000, but does not exceed $250,000.
(b) Contracts for goods. Contracts to purchase goods where the
term does not exceed three years and the contract price, plus
any contingency established for change orders or additional
services, but excluding sales or use tax, is greater than
$85,000 but does not exceed $250,000 in the first year, and does
not exceed $250 ,000 plus any unexpended monies carried forward
from a prior year, in any subsequent contract year.
(c) General services contracts. Contracts to lease personal
property where the term is greater than three years but not more
than seven years, and the contract price does not exceed $85,000
in the first year, and does not exceed $85,000 plus any
unexpended monies carried forward from a prior year, in any
subsequent contract year.
(d) Contracts for studies and services related to
deve1gpment. Professional services contracts for:
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private
(1) the
preparation of environmental assessments or other studies deemed
necessary by the director of planning and community environment
for the processing of applications for private development
projects, or (2) inspection and plan review services deemed
necessary by the director of planning and community environment
to evaluate 'conformity of private development projects with
applicable building codes, regardless of the cost or term
thereof, provided the applicant for the private development
project agrees to bear responsibility for the entire contract
cost, and the contract does not require the expenditure of city
funds in any amount.
(e) Rewards. The city manager may offer and pay rewards where
the amount of the reward does not exceed $25,000, in accordance
with the procedures of section 2.30.800.
(f) Emergency contracts. An emergency is an urgent unforeseen
situation that threatens life, property, or the general public
health, safety and welfare. In emergency situations the city
manager is authorized to expend city funds without limitation on
amount and without following the contract solicitation and award
procedures otherwise required by this chapter. The city manager
is authorized to conclude that an emergency exists without
further declaration by the council. Expenditures made during an
emergency must be reported to the council at the next regular
meeting if approval for such expenditures would otherwise have
been made by the council.
(g) Contracts to rent, lease, license, acquire or purchase
interests in real property from other parties. Contracts to
rent, lease, license, or purchase by installment interests in
real property from other parties for a term of seven years or
less, where the contract price does not exceed $85,000 per year.
The city manager may enter into and sign contracts to acquire or
purchases interests in real property where the contract price
-does not exceed $85,000.
(h) Contracts to rent, lease, or license city property to other
parties. The authority granted under this section is distinct
from the authority of the director of communi ty services to
grant individuals and groups permits for the exclusive use of
buildings, facilities and areas of city parks and open spaces
described in Chapter 22 of this code. The city manager may award
and sign contracts to rent, lease or license city property to
other parties regardless of the price for a term not exceeding
three years. Notwithstanding the preceding sentence, the city
manager may enter into and sign contracts to rent, lease or
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license property at the Cubberley site for terms up to five
years.
( i ) Contracts to provide municipal services to other public
entities. Contracts to provide municipal services and functions
to any other local public agency in any amount for a term not
exceeding three years i provided the contract is in compliance
wi th the city council adopted policy covering such contracts.
The authority granted herein does not include the authority to
add permanent employee positions.
(j) Contracts providing for indemnity or risk of loss. The city
manager, with the concurrence and approval of the city attorney
and the risk manager, may enter into and sign contracts,
otherwise within the limits of his or her authority, that
provide for the city or its officers or employees to defend,
inderrmify, or assume the risk of loss or liability for, any
other contracting party respecting claims, demands, actions,
losses or liabilities arising from the city's performance under
the contract.
(k) Other contracts. All o~her types of contracts for which the
contract term does not exceed three years and the total
expendi ture by the city does not exceed $85, 000 in the first
year, and does not exceed $85,000, plus any unexpended monies
carried forward from a prior year, in any subsequent contract
year.
(1) Wholesale utility commodity contracts. Wholesale utility
conunodi ty contracts where the term does not exceed three years
and the contract price does not exceed $250,000 in any year,
including but not limited to gas transportation contracts and
power transmission contracts with Pacific Gas and Electric
Company and .any public agency contract as defined in section
2.30.340(d) .
2.30.220 City attorney contract award authority.
The city attorney may award and sign contracts for legal
services including outside counsel and experts for litigation or
other administrati ve and legal proceedings, to be provided to
the city for any time period, where the contract price, plus any
contingency established for change orders or additional
services, but excluding sales or use tax, does not exceed
$65,000 in the first year, and does not exceed $65,000, plus any
unexpended monies carried forward from a prior year, in any
subsequent contr~ct year. The city attorney may sign contracts
where the contract price exceeds the amounts set forth above,
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provided the council has first approved the use of such
services.
2.30.225 Wholesale utility commodity transactions.
The city manager, director of utilities and designated employees
may enter into and execute transactions for wholesale utilities
commodities in accordance with the authority, limits and
procedures set forth in the Energy Risk Management Policies
Guidelines and Procedures Manual.
2.30.230 Designated employee purchases of $5,000 or less.
Employees authorized in writing by their department head may
award and sign contracts for goods and contracts for general
services where the contract price does not exceed $5,000 and the
term is one year or less. All such purchases shall be in
accordance with the contract procedures and requirements
contained in the purchasing manual. All department head written
authorizations shall be kept on file in the office of the
purchasing manager.
2.30.240 Designated employees use of petty cash and city credit
card.
Employees authorized in writing by their department head may
make purchases using petty cash or a city credit card. All such
purchases shall be in accordance with the contract procedures
and requirements contained in the purchasing manual. All
department head written authorizations shall be kept on file in
the office of the purchasing manager.
2.30.250 Council approval/award of contracts.
The council shall approve and/or award and the mayor or vice-
mayor shall sign all contracts for which no contracting or
signature authority has been established under this chapter,
except to the extent the council has previously authorized a
city officer or employee to negotiate and execute a contract on
the city'S behalf without the further approval of the council.
2.30.260 Contracts with terms exceeding one year
appropriation.
Contracts with a term exceeding one year shall not be approved
by any person with contracting authority under this chapter or
the council, unless the total amount due and payable by the city
over the life of the contract is appropriated at the time the
city assumes the obligation to pay, or the total amount due and
payable during the first full or partial fiscal year of a multi-
fiscal year contract is appropriated and the contract is subject
to a~propriation by the council of amounts to become due and
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payable in subsequent fiscal years. The requirements of this
section do not apply to contracts not subject to the debt limit
requirements of Article XVI, section 18 of the California
Constitution as determined by the city attorney.
2.30.270 Delegations of authority to contract.
This section establishes the exclusive source of authority to
delegate any authority to contract granted by this chapter. The
authority to delegate contracting authority shall not be implied
from any other provision in this code.
(a) Purchasing Manager delegations. The purchasing manager may
delegate the authority granted under section 2.30.200 as
follows: Persons holding the position of contract manager may be
authorized to award and sign contracts in an amount of $25,000
or less per year with a term not to exceed three years; persons
holding the position of buyer may be authorized to award and
sign contracts in an amount of $10,000 or less per year with a
term not to exceed three years.
(b) City Manager delegations. The city manager may delegate
any authority to contract granted to the city manager by this
chapter to the assistant city manager and to the director of
administrative services, and, as to wholesale utility
commodities contracts and transactions issued thereto and other
utility related transaction, to the director of utilities. If
the assistant city manager, the director of administrative
services, or the director of utilities is unable to exercise the
authority delegated to him or her due to legal or physical
incapacity, constraint or unavailability, the city manager may,
with the prior concurrence of the city attorney, delegate
authority to another person.
(c) City Attorney delegations. The city attorney may delegate
any authority to contract granted to the city attorney by this
chapter to a person holding the position of senior assistant
city attorney.
(d) Delegations to be written. All delegations of authority
shall be in writing, dated and describe the limits of the
authority delegated, including but not limited to the type,
dollar amount, quantity of goods or services, and duration of
the contracts that may be executed under the delegation. All
delegations of authority shall be kept on file in the office of
the purchasing manager.
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2.30.280 Authority to modify and ter.minate contracts not
approved or awarded by the council.
Each person with contracting authority under this chapter may
authorize and sign amendments or change orders to contracts they
have awarded under the authority granted in this chapter subject
to the following:
(a) All modifications to contracts, including, but not limited
to, changes to the scope of work, quantity of goods, price or
term shall be made in writing, and accomplished in accordance
with the terms of the original contract; and
(b) The amendment or change orders to a contract shall not
cause the contract as modified to exceed the monetary or term
limits of that person's authority as defined in this chapter.
Each person with authority granted under this chapter to award
and sign· a contract also has the authority to terminate the
contract in accordance with the contract terms and conditions.
2.30.290 Authority to modify contracts awarded by the council.
(a) The council, at the time it awards a contract or authorizes
a city official or employee to award a contract, may also
authorize the city official or employee to execute an amendment
or change order to a contract in an amount exceeding'the
monetary and/or term limits of the official's or employee's
contract authority set forth in this chapter. Amendments or
change orders made under authority granted by the council shall
be in writing, accomplished in accordance with the terms of the
original contract and shall not cause the contract as modified
to exceed the limits of the authority granted by the council
(b) The city manager is authorized to enter into and execute for
and on behalf of the ci ty, without. the prior approval of the
council, any amendment or change order to a contract previously
approved by the council that does not increase the compensation
for the contract to accomplish the following:
(1) To extend the term of the contract for a period not to
exceed six consecutive months from the last council-approved
expiration date; or
(2) To make minor revisions to the scope of services or
schedule; or
(3) To make clerical corrections.
040309 ora 0100164 12
In addition, the city manager may approve and sign assignments of
contracts previously approved by the council when he or she has
determined that the proposed assignee has the ability, capacity,
experience and skill and is otherwise qualified to perform the
contract.
2.30.295 Limitations on contract authority; authority otherwise
conferred.
(a) This chapter does not authorize a city officer or employee
to award or sign any contract which such officer or employee is
otherwise prohibited from awarding or signing under the
provisions of the city charter, this municipal code, or any other
applicable law, or by any ordinance, resolution, minute order or
other official action of the council.
(b) Nothing is this chapter shall limit any authority conferred
by the city council through a resolution delegating authority to
a city officer or employee to negotiate and execute contracts on
the city council's behalf without the further approval of the
city council.
PART 4 COMPBTXTXVE SOLXCXTATXON REQUXREMENTS
2.30.300 Public works contracts.
Public Works Contracts not exempt from these competitive
solicitation requirements under section 2.30.360 or by
resolution of the City Council shall be solicited as follows:
(a) Public works contracts providing for an estimated
expenditure of $65,000 or less, and not otherwise required to be
formally bid by the charter, shall be solicited by informal bid
in accordance with the provisions of section 2.30.400.
(b) Public works contracts providing for an estimated
. expendi ture exceeding $65, 000 shall be solicited by formal bid
in accordance with the provisions of section 2.30.420.
(c) Article VII, Sec. 6 of the city charter requires formal
bidding only for public works contracts funded by bonded
indebtedness of the city or by assessment against particular
property in the city. However, the intent of this section
2.30.300 is to require formal bidding for all public works
contracts exceeding $65,000, unless exempt as provided in
section 2.30.360 or by resolution of the council as provided in
this section 2.30.300. The couRcil may determine by resolution
that a particular public works project may be solicited and
contracted for using alternate project delivery methods,
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including but not limited to design build, construction manager
at risk, or competitive negotiation. Any such resolution shall
set forth the reasons supporting the use of the alternate
project delivery method for the project and describe the
solicitation method to be used and the criteria for determining
the party to whom the contract should be awarded.
2.30.310 Contraots for goods.
Contracts for goods not exempt from
requirements under section 2.30.360
follows:
competitive solicitation
shall be solicited as
(a) Contracts for goods providing for an estimated expenditure
by the city of $25,000 or less shall be solicited by informal
bid in accordance with the provisions of section 2.30.400; and
(b) Contracts for goods providing for an estimated expenditure
by the city exceeding $25,000 shall be solicited by formal bid
in accordance with the provision of section 2.30.420.
2.30.320 General servioes oontraots.
General services contracts not
solicitation requirements under
solicited as follows:
exempt
section
from
2.30.360
competitive
shall be
(a) General services contracts providing for an estimated
expenditure by the city of $25,000 or less shall be solicited by
informal bid or informal proposal in accordance with the
provisions of section 2.30.400.
(b) General services contracts providing for an estimated
expenditure by the city exceeding $25,000 shall be solicited by
formal bid in accordance with the provisions of section 2.30.420
or by formal request for proposal in accordance with the
provisions of section 2.30.410.
(c) It is expected that most general services contracts will be
solicited using the informal or formal bid procedures. However,
where the city has defined a situation for which it seeks a
solution, or the circumstances require that a contract award be
based on significant factors in addition to price, the
purchasing manager may determine that a request for formal or
informal proposals shall be used to solicit the contract.
II
II
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2.30.330 Professional services contracts.
Professional services contracts not exempt from
solicitation requirements under section 2.30.360
solicited as follows:
competitive
shall be
(a) Professional services contracts providing for an estimated
expenditure by the city greater than $25,000 and up to and
including $65,000 shall be solicited by informal request for
proposal in accordance with section 2.30.400 .
. (b) Professional services contracts providing for an estimated
expenditure by the city exceeding $65,000 shall be solicited by
formal request for proposal in accordance with the provisions of
section 2.30.410.
(c) In lieu of the solicitation requirements set forth in
subsections (a) and (b), professional services contracts in any
amount may be awarded from a list of qualified professionals to
be created and maintained by the Purchasing Manager, so long as
the list is created and the award of contract to an entity on
the list is in compliance with procedures ,contained in the
purchasing manual.
2.30.340 Contracts for wholesale utility commodities.
(a) Solicitation of Contracts
(I) Contracts for purchase or sale-incidental-to-purchase
of wholesale utility commodities providing for an estimated
expenditure of $65,000 or less shall be solicited by
informal bid or informal request for proposal in accordance
with the provisions of section 2.30.400. Contracts for a
purchase or sale-incidental-to-purchase of wholesale
utility commodities providing for an estimated expenditure
of $65,000 or more shall be solicited by formal bid, formal
request for proposal or combination thereof, in accordance
with the provisions of sections 2.30.410, 2.30.420 or
2.30.430.
(2) Master contracts containing general terms and
conditions for wholesale utility commodities that provide
for the execution of one or more individual water, gas or
electricity purchase and sale-incidental-to-purchase
transactions under the terms of the master contract, shall
be solicited by formal bid, formal request for proposals,
or combination thereof, in accordance with the provisions
of sections 2.30.420, 2.30.430 or 2.30.440.
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It is expected that the city will enter into several master
contracts with different counterparties for the purchase
and sale-incidental-to-purchase of gas and electricity
utility commodities at wholesale. Whenever the city desires
to execute an individual purchase or sale incidental to
purchase transaction for gas or electricity commodities at
wholesale, any counter party who executes a master contract
with the city and who is otherwise eligible to bid for or
propose in regard to the particular transaction in
accordance with the city's Energy Risk Management Policies
Guidelines and Procedures Manual shall be solicited, in
writing (by mail, facsimile or electronic mail), and shall
be eligible to tender a bid or proposal on the transaction.
The counterparty offering the price for wholesale utility
commodities deemed to be the most advantageous to the city
shall be eligible for award of a contract for the
transaction.
(b) Basic terms and conditions. For contracts not otherwise
within the city manager's authority to award, the council may by
resolution authorize the city manager to award and sign a
contract with a qualified, eligible counter party for the
purchase and incidental sale of wholesale utility commodities.
The resolution shall specify the limits of the authority
delegated, including the maximum dollar amount of the authority
and the duration of the contracts and/or transactions that may
be executed under the delegation of authority.
Any resolution delegating authority to the city manager to
contract for electricity shall specify generally at least the
following terms and conditions: quantity and the description of
energy and energy services to be procured, including, but not
limited to, on-peak and off-peak energy and ancillary services;
term, specifying a not-to-exceed period of time; period of
deli very denoted in years or months or years and months; and
point of delivery or the locus on the interstate transmission
system at which transfer of title is made.
Any resolution delegating authority to contract for gas shall
specify generally at least the following terms and conditions:
quantity and the description of gas services to be procured,
including, but not limited to, scheduled gas and gas
transportation services; term, specifying a not-to-exceed period
of time); period of delivery denoted in years or months or years
and months; and point of delivery of the locus on the interstate
transmission system at which transfer of title is made.
040309 nra 0100164 16
(c) Required contract terms for gas and electric procurement
contracts. The city shall use standardized form contracts for
the procurement of gas and electricity, as practicable,
including, but not limited to, form contracts created and
qopyrighted by the Edison Electric Institute, the Western States
Power Pool, and the North American Energy Standards Board, Inc.
Unless waived by resolution of the city council, a contract for
procurement of gas or electricity and any amendment to the
contract shall not be awarded by the ci ty and executed by the
duly authorized representatives of the city, unless the
following terms and conditions are required: (1) governing law
shall be the laws of the state of California; (2) choice of
venue shall be the county of Santa C1araj and (3) a counterparty
shall obtain and maintain during the term of the contract the
minimum credit rating established as of the date of award of
contract of not less than a BBB-credit rating established by
Standard & Poors and a Baa3 credit rating established by Moody's
Investors Services.
(d) Public agency contracts. The Ci ty may procure and make
sa1es-incidenta1-to-purchase of wholesale utility commodities
from energy counter parties through public agencies, including
but not limited to the Northern California Power Agency and the
federal Western Area Power Administration. The City may engage
the public agency to act as the agent of the City to procure
wholesale utility commodities, provided that the public agency
conducts a competitive selection process and awards one or more
contracts in substantial compliance with the contract
procurement procedures and requirements of thi s chapter. The
ci ty attorney shall determine whether the contract procurement
process substantially complies with the provisions of this
chapter. For the purposes of this Section 2.30.340, the public
agency process shall be deemed to substantially comply if the
public agency (1) conducts a formal or an informal bidding or
proposal process to solicit bids or proposals for the provision
of wholesale utility commodities, (2) executes a standardized
form contract, including a form contract created and copyrighted
by the Edison Electric Institute and the Western States Power
Pool, or equivalent, as determined by the city attorney, and (3)
unless waived by resolution of the ci ty council, the
standardized form contract requires or specifies (a) the
governing law shall be the laws of the state of California, (b)
the choice of venue shall be identified according to either the
county in which such public agency does business or the
preference for federal or sate court jurisdiction over the
public agency and the energy counter party and the contract, and
(c) the energy counter party shall obtain and maintain during
040309 nra 0100164 17
, i
.c("
the term of the contract the minimum credit rating established
as of the date of award of contract of not less than a BBB-
credit rating established by Standard & Poors and a Baa3 credit
rating established by Moody's Investors Services.
(e) Risk Management Policies, Guidelines and Procedures Manual.
All procurement of gas and electricity by contract for wholesale
utility commodities, shall conform to the requirements of the
Energy Risk Management Policies, Guidelines and Procedures
Manual.
2.30.350 Contract splitting prohibited.
It is unlawful to split or separate into smaller portions, work
orders, projects, purchases, contracts, or public works projects
for the purpose of evading the competitive solicitation
requirements or contract authority limitations of this chapter,
including the splitting of work or services between or among
departments or divisions or other organizational units of the
city.
2.30.360 Exemptions from competitive solicitation requirements.
The following are exemptions from the informal and formal
competitive solicitation requirements of this chapter. It is
expected that the exemptions will be narrowly applied. The
department requesting an exemption shall provide all relevant
information supporting the application of the exemption to the
purchasing manager. Based on this information, the purchasing
manager shall make a recommendation to the city manager and the
ci ty manager shall determine whether an exemption from
competitive solicitation requirements applies. Nothing herein
is intended to preclude use of competitive solicitations where
possible.
(a) Emergency Contracts as defined in section 2.30.210(f).
(b) Situations where solicitations of bids or proposals would
for any reason,be impractical, unavailing or impossible provided
that in the case of a public works project, the project is not
otherwise required by the charter to be formally bid. These
si tuations are those where solicitations of bids or proposals
would not be useful or produce any advantage for the city.
Si tuations where solicitations of bids or proposals would be
impractical, unavailing or impossible, include, but are not
limited to, the following:
(1) Specifications cannot be drawn in a way that would
enable more than one vendor or contractor to meet themj
040309 nra 0100164 18
(2) Due to circumstances beyond the control of the city,
the time necessary to use the competi'tive solicitation
process procedures and requirements would result in a
substantial economic loss to the city, or the substantial
interference with a required city operationi and
(3) Special conditions attached to a grant, donation or
gift requires the use of particular goods and/or services.
All requests for exemptions under this subsection shall be
supported by written documentation (facsimile or electronic mail
may be used), approved by the department head and forwarded to
purchasing.
(c) Where competi ti ve bids or requests for proposals have been
solicited and no bid or proposal has been received or no bid or
proposal meeting the requirements of the invitation to bid or
request for proposal has been received, provided that, in the
case of a public works project, the project is not otherwise
required by the charter to be formally bid.
(d) Contracts for goods, wholesale commodities and related
services, general services or professional services available
from only one source where there is no adequate substitute or
equivalent provider. Examples Of acceptable sole source
purchases are: equipment for which there is no comparable
competitive product, proprietary products sold directly from the
manufacturer, a component or replacement part for which there is
no commercially available substitute and which can be obtained
only from the manufacturer, items where there is only one
authorized distributor in the area, and items where
compatibility with items in use by the city is an overriding
consideration. All requests for sole source purchases shall be
supported by written documentation (facsimile or electronic mail
may be used) I approved by the office or department head and
forwarded to purchasing.
(e) Contracts for goods where, pursuant to section 2.30.900, the
city manager has determined that standardization of the
supplies, materials or equipment is permissible.
(f) Placement of insurance coverage and bonds.
(g) Legal services contracts, including outside counsel and
experts for litigation or other legal proceedings.
040309 ura 0100164 19
(h) Professional
related studies
developers.
services contracts for private
and services when funded wholly
development
by private
(i) Professional services
expenditure by the city,
$25,000.
contracts where the estimated total
regardless of term, does not exceed
(j) Contracts with any public agency or governmental body to
obtain goods and/or services that meet either of the following
criteria:
(1) Cooperative purchases where the city participates with
one or more other governmental or public agencies in a
cooperative agreement, provided at least one of the
agencies has used solicitation process methods
substantially similar to those required by this chapter; or
(2) The use of another governmental or public agency's
contract provided the original parties to the contract
agree, the contract was awarded within twelve months of the
date the city contracts for the goods and/or services, and
the contract resulted from solicitation methods similar to
those required by this chapter.
(k) Contracts with Northern
Transmission Agency of Northern
Power Administration to procure
and related services that meet
2.30.340(d) .
California Power Agency,
California, and Western Area
wholesale utility commodities
the requirements of section
(1) Contracts with Pacific Gas and Electric Company and the
California Independent Service Operator Corporation for energy
transmission services to the extent necessary and expedient to
provide for the general health, safety and welfare of its
citizens.
(m) Contracts with any public agency or governmental body to
construct a public work where the public agency or governmental
body has used methods similar to those required by this chapter
to contract for the work.
(n) Contracts with any public utility holding a certificate. of
public convenience and necessity or any entity holding, a cable
communications system fra.nchise pursuant to chapter 2.10 to
construct a public work where such work involves property of
such public utility or cable communications system franchisee
040309 nraOIOOl64 20
and is otherwise of direct concern to both the city and such
public utility or cable communications system franchisee,
provided that the project is not otherwise required by the
charter to be formally bid.
(0) Contracts with private developers to construct public
improvements in connection with their development project even
if the city contributes funds to the improvement project,
provided that the project is not otherwise required by the
charter to be formally bid.
(p) Projects where the public work is performed by the city with
its own employees.
(q) Contracts where the estimated total expenditure by the City
does not exceed $5,000.
PART 5 COMPETITIVE SOLICITATION PROCEDURES
2.30.400 Informal bids or proposals.
(a) Informal bids or proposals may be solicited by any
reasonable means including, but not limited to, mail, telephone,
fax, e-mail or posting to the city's web site. Quotations shall
be solicited from a minimum of three bidders or proposersi
however, if quotations from three bidders or proposers cannot be
obtained, quotations shall be solicited from as many under three
as can be obtained. The purchasing manager shall maintain a
record of all informal bids and informal proposals received by
the city for a period of time in compliance with state law and
the city's records retention schedule.
(b) Informal bids shall be awarded to the lowest responsive and
responsible bidder as defined in section 2.30.440.
(c) Informal proposals shall be awarded on the basis of proposal
deemed most advantageous to the city. The proposal deemed
most advantageous to the city shall be determined based on the
factors set forth in section 2.30.4l0(e).
(d) If a contract or purchase order is made or awarded to other
than the contractor submitting the lowest price in its quotation
or proposal, written reasons for the award decision shall be
prepared and shall be kept as part of the record of the
transaction.
II
040309 nra 0100164 21
2.30.410 Pormal request for proposals.
(a) Advertising. Contracts, that may be solicited by formal
request for proposals shall be solicited by posting at the civic
center or by advertising at least once in a daily newspaper of
general circulation in the city, not less than five days prior
to the date set for receiving proposals. In addition to posting
or advertising, contracts may be solicited by posting on the
city web site. Where practicable, proposals shall be solicited
from a minimum of three proposers.
(b) The request for proposals
place for submitting proposals
frame for the delivery of what
be submi t ted by the proposer,
the proposal.
shall specify the date, time and
and describe the scope and time
is requested, the information to
and the .criteria for evaluating
(c) Proposals received after the specified date and time shall
not be accepted and shall be returned unopened unless opening is
necessary for identification purposes.
(d) The contract shall be made or awarded on the basis of the
proposal deemed most advantageous to the city.
(e) The following factors shall be considered in determining
the proposal deemed most advantageous to the city:
(1) Quality of the proposal;
(2) Quality, performance and effectiveness of the solution,
goods and/or services to be provided by the contractor;
(3) Contractor's experience, including the experience of
staff to be assigned to the project, with engagements of
similar scope and complexitYi
(4) Cost to the city;
(5) Contractor's financial stability;
(6) Contractor's. ability to perform the contract within the
time specified;
(7) Contractor's prior record of performance with city or
others;
(8) Contractor's ability to provide future maintenance,
repairs parts and/or servicesi
040309 ora 0100164 22
(9) Contractor's compliance with applicable laws,
regulations, policies (including city council policies),
guidelines and orders governing prior or existing contracts
performed by the contractor; and
(10) Any other factor the citY,deems relevant as specified
in the request for proposals.
2.30.420 Formal bids -notice, submittal, opening.
(a) Advertisement. Contracts required to be solicited by
formal bid shall be solicited by posting notices inviting bids
at the civic center or by advertising notices inviting bids at
least once in a daily newspaper of general circulation in the
city, not less than five days prior to the date set for
rece~v~ng bids. In addition to posting or advertising,
contracts may be solicited by posting on the city web site.
Where practicable, bids shall be solici ted from a minimum of
three bidders.
(b) Notice. The notices inviting bids shall generally describe
the things or services to be purchased or the public work to be
constructed, identify the place where the bid proposal form,
specifications and other contract documents may be obtained and
specify the date and time when and place where bids will be
opened.
(c) Bid submittal. All bids shall be sealed. All bids shall be
submitted at the place and at or before the date and time
specified in the notice inviting bids. Bids received after the
specified date and time shall not be accepted and shall be
returned to the bidder unopened unless opening is necessary for
identification purposes.
(d) Bid opening. Bids timely received shall be opened in
public, at the time and place specified in the notice inviting
bids, and the aggregate bid of each bidder declared.
2.30.430 Combined proposals and bids.
(a) Nothing in Part five of this chapter shall prohibit the
ci ty from conducting a competi ti ve solicitation process which
combines the elements of the request for proposals ~nd
invitation for bids processes in a single process in order to
award a contract for wholesale utility commodities purchases and
sales.
II
040309 nra 0100164 23
2.30.440 Deter.mination of lowest responsive/responsible bidder.
The awarding authority shall award contracts required to be
formally bid to the lowest responsive and responsible bidder. As
used in this chapter "awarding authority" means the city officer
or employee with authority to award and sign the particular
contract, as provided in part three of this chapter, or the
council.
(a) Low bid. The low bid shall be the bid offering the lowest
total cost to the city.
(1) The determination of lowest total cost shall be made
after applying relevant policies adopted by resolution of
the council that may provide for a price preference.
(2) Where add alternates or deduct alternate
included in the specifications the determination
total cost shall be made in accordance with the
for considering the add alternate and deduct
items as set forth in the bid specifications.
items are
of lowest
procedure
alternate
(3) The determination of lowest total cost may include
the effect of factors such as trade discounts , delivery
costs and life cycle costs when included in the
specifications.
(b) Responsive bidder. A responsive bidder is a bidder
determined by the awarding authori ty to have submi t ted a bid
that conforms in all material respects to the requirements of
the bid documents.
(c) Responsible bidder. A responsible bidder is a bidder
determined by the awarding authority:
(1) To have the ability, capacity, experience and skill to
perform the work, or provide the goods and/or services in
accordance with the bid specificationsi
(2) To have the ability to perform the contract within the
time specifiedi
(3) To have the equipment, facilities and resources of
such capacity and location to enable the bidder to perform
the contracti
040309 nra 0100164 24
(4) To have the ability to provide, as required, future
maintenance, repair, parts and service for the use of goods
purchased;
(5) To have a record of satisfactory or better performance
under prior contracts with the city or others; and
(6) To have complied with applicable laws, regulations,
policies (including city council policies), guidelines and
orders governing prior or existing contracts performed by
the bidder.
2.30.450 Tie bids.
If an identical price is received from two or more responsive
and responsible bidders, the awarding authori ty may determine
the successful bidder by the casting of lots with the tie
bidders in public on and at a date, time and place set by the
awarding authority. The awarding authority shall notify the tie
bidders of the date, time and place for casting lots bye-mail,
phone or facsimile.
2.30.460 Correction or withdrawal of bids or proposals.
(a) Before date and time for receipt of bids or proposals.
Bids or proposals that contain mistakes discovered by a bidder
or proposer before the date and time for receipt of bids or
proposals may be modified or withdrawn by written notice to the
person designated for receipt of bids or proposals received
prior to the deadline for receipt of bids or proposals. Any
modification shall be submitted under seal.
(b) After date and time for receipt of bids or proposals. A
bidder or proposer may not change its bid or proposal after the
date and time set for receipt of bids or proposals, except that
the bidder or proposer may seek the city's consent to the
substitution of a subcontractor where the bidder can demonstrate
in accordance with applicable provisions of state law, that the
name of the a substituted subcontractor was listed as a result
of an inadvertent clerical error.
(c) Withdrawal of bids or proposals. A bidder or proposer
alleging a mistake in a bid may be permitted to withdraw its bid
or proposal only in conformance with applicable state law.
2.30.470 Cancellation of solicitations Rejections of
bids/proposals.
(a) Cancellation of solicitations. The purchasing manager may
cancel solicitations for proposals or bids before the date and
040309 ora 0100164 25
time set for receipt of proposals or bids upon a written
determination that such action is in the city's best interest
for reasons, including, but not limited to, any of the
following:
(1) The city no longer requires the public works project,
goods and/or services;
(2) The ci ty no longer can reasonably expect to fund the
public works project, goods and/or servicesipr
(3) Proposed amendments to the solicitation would be of
such magnitude that a new solicitation is desirable.
(b) Rejection of bids. The awarding authority may reject any
or all bids or proposals. If all bids or proposals are
rejected, the awarding authority has the discretion to resolicit
for bids or proposals. In the case of a bid, if the awarding
body is the city council and all bids are to be rejected due to
excessive cost, the purchasing manager shall have the discretion
to reject all bids and to resolicit bids.
2.30.480 Waiver of minor irregularities, defects and
informalities.
The awarding authority may exercise its discretion to waive,
minor irregularities, defects or informalities in the bids or
proposals, so long as the waiver would not affect the amount of
the bid or proposal or give the bidder or proposer an advantage
over others.
PART 6 CONTRACT TERMS AND CONDiTiONS
2.30.500 Bid security, bonds and insurance.
(a) When required. The purchasing manager shall have the
authority to require bid security, payment (labor and materials)
and performance bonds as well as specific types and amounts of
insurance coverage in connection with contracts for public
works, goods, general services, professional services, and
wholesale utility commodities to the extent required by state or
federal law, or .this chapter, or upon a determination that it is
in the best interest of the city to do so.
(b) Bid security. Bid security shall be submitted with the bid
and shall be in the form of a certified check, cashier's check
or surety bond. Any surety bond shall be issued by an admitted
surety authorized to conduct business in the state of California
and shall be in a form acceptable to the city attorney and as
040309 nra 0100164 26
specified in the solicitation for bids. If a bidder fails to
submit the required bid security with the bid, the bid shall be
deemed nonresponsive. After bids are opened, bid security is
irrevocable for the period specified in the invitation for bids.
If the successful bidder fails to execute the contract within
the time specified, the total amount of the bid security shall
be forfeited to the city. The bid security of an unsuccessful
bidder shall be returned to the bidder no later than sixty
calendar days from the date of contract award. Bids for public
works projects greater than sixty-five thousand dollars shall
require the submission of bid security in an amount equal to at
least ten percent of the bid. On public works projects less
than or equal to sixty-five thousand dollars, and all other
procurements of goods and services the purchasing officer is
authorized to determine if bid security is needed on a project-
by~project basis.
(c) Payment and performance security. Payment and performance
securi ty shall be in the form of bonds acceptable to the city
attorney and issued by an admitted surety authorized to conduct
business in the state of California. Invitations for bids for
public works projects greater than twenty-five thousand dollars
shall require the submission of payment and performance bonds,
each in an amount equal to one hundred percent of the contract
price at the time the contract is executed. Where the contract
is with a governmental agency or a public utility the
requirement for performance and payment security may be waived
in writing by the purchasing manager if the contracting
governmental agency or public utility agrees that, to the extent
all work is not to be done by its own employees, it will require
any and all contractors it awards contracts for the performance
of any of the work to provide, before commencement of the work,
payment and performance bonds, satisfactory to the city and
complying with the provisions of the California Civil Code.
Payment and performance bonds for public works projects shall be
extended in the full amount of the contract for a one-year
warranty period beyond the date of acceptance of the work by the
city. On public work projects less than or equal to twenty-five
thousand dollars, and on all acquisitions of goods and services
the purchasing manager is authorized to determine if payment and
performance security is needed on a case-by-case basis.
(d) For.m of bonds. The only bonds acceptable to the city shall
be those executed on forms approved by the city attorney and as
specified in the solicitation for bids or proposals.
040309 nra 0100164 27
(e) Insurance. The risk manager shall determine insurance
requirements. The successful bidder or proposer shall submit
certificates of insurance and endorsement forms, as applicable,
as evidence that it has the type and amount of insurance
coverage required by the bid or proposal documents. Such
evidence shall be submitted to the purchasing manager promptly
upon request and shall be issued by an admitted insurer
authorized to operate in the state of California and acceptable
to the city. The risk manager may waive the insurance
requirement when the contract is an intergovernmental contract
or a city-public utility contract, and the governmental, public
or quasi-public agency or the public utility to whom the
contract is awarded agrees that it will have all the work
. obtain and provide evidence of the required insurance before
commencement of the work naming the city, its officers, agents
and employees as additional insureds to such policy.
2.30.510 Nondiscrimination.
All contracts in excess of $5,000 shall include a certification
that in the performance of the contract, the contractor will not
discriminate in the employment of any person because of race,
skin color, gender, age, religion, disability, national origin,
ancestry, sexual orientation, housing status, marital status,
familial status, weight or height of such person.
Any contractor who is found in violation of ·the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of federal law or
executive order in the performance of any contract with the
city, thereby shall be found in material breach of such contract
and thereupon the city shall have the power to cancel or suspend
the contract, in whole or in part, or to deduct from the amount
payable to such contractor the sum of $25 for each person for
each calendar day during which such person was discriminated
against, as damages for said breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this
section.
PART 7 ETHICS IN CONTRACTING
2.30.600 Ethics.
(a) Statement of policy. City employees shall discharge their
duties impartially so as to assure fair competitive access to
city contracting opportunities by responsible contractors.
Moreover, they shall conduct themselves in a manner as will
040309 nra 0100164 28
foster public confidence in the integrity of city contracting
activities.
(b) Conflict
directly or
knows that:
of interest.
indirectly in
No city employee
a city contract
shall participate
when the employee
(1) The employee or any member of the employee's immediate
family has a financial interest pertaining to the contract:
or
(2) The employee or any member
family is negotiating or has
which is contingent upon or
contract.
of the employee's immediate
an employment arrangement
will be affected by the
(c) Withdrawal from participation. Upon discovery of an actual
or potential conflict of interest, an employee shall promptly
withdraw from further participation in the contract procurement
process.
(d) Gratuities. No person shall offer, give or agree to give any
ci ty employee any gratuity, discount or offer of employment in
connection wi th the award of a contract by the ci ty. No city
employee shall solicit, demand, accept or agree to accept from
any other person a gratuity, discount or an offer of employment
in connection with a city contract.
2.30.610 Preparation of bid or proposal documents.
Any person or entity with whom the city has contracted to
prepare or assist in the preparation of plans and specifications
that will be included as contract terms and conditions in bid or
proposal documents, is ineligible to submit a bid or proposal
for that contract. This shall not preclude the award of a
contract calling for design and construction of a public works
project.
PART 8 RECORDS AND REPORTS
2.30.700 Records, public inspection.
(a) Records maintenance. The purchasing manager shall maintain
records (in hard copy or electronic format) for each contract,
purchase order, document or other agreement awarded or entered
into by the city, which shall include, at a minimum: the request
from the department; the bid or proposal documents received for
the contract, if any: all bids or proposals received; the basis
on which the contract award was made: and a copy of any and all
040309 nra 0100164 29
· .
contracts awarded. The purchasing manager shall maintain written
records of his or her determination to cancel solicitations and
of an awarding authority's decision to reject bids or proposals.
Such records shall be maintained for a period of time in
compliance with state law and the city's records retention
schedule and shall be available for public inspection during
'normal city business hours. The foregoing ,shall' not apply to
records of wholesale utility commodity transactions under a
master contract which shall be maintained by the department of
utilities.
(b) Public inspection. Bids shall be available for public
inspection following the date and time set for receipt of bids.
Proposals shall be available for public inspection following
public announcement of the selection of a proposer for award of
contract award. This section shall not be construed to require
disclosure of records not otherwise requireQ by law to be
disclosed.
2.30.710 City manager report.
Report to council. The city manager shall make a biannual
report to the council of all contracts awarded by the purchasing
manager or the ci ty manager for general services and
professional services, the cost of which exceed $25,000, and of
all contracts awarded by the city manager for public works and
goods the cost of which exceed $65,000. The city manager shall
also make an annual report to the council of all leases and
rentals of city property with third parties approved by the city
manager.
PART 9 REWARDS
2.30.800 Rewards.
Rewards for information leading to the arrest and conviction of
criminals. Although the payment of rewards is not a purchase in
the strict sense of the definition, the authority to offer and
pay rewards is contained in this chapter because it involves the
expenditure of city funds in return for information.
(a) The city manager is authorized to offer and pay a reward of
up to $25,000 for information leading to the arrest and
conviction of any person or persons whose willful conduct causes
unlawful injury or death to another person, or whose willful
misconduct results in unlawful damage or destruction of personal
property. The city manager shall cause the reward offer to be
publicized and reported to the city council.
040309 nra 0100164 30
(b) A reward shall not be paid unless the information is
received by the Palo Alto Police Department within 90 days of
publication of the reward offer.
(c) Conviction of the person or persons responsible for the
crime shall be required for payment of a reward unless the city
manager makes a written finding that the conviction was
impossible due to the death of the criminal.
(d) Reward claims shall be in writing and shall provide the
name, address and telephone number of the claimant. Unless
disclosure is authorized by the claimant, this information shall
be deemed confidential and protected from public disclosure to
the maximum extent permitted by law.
(e) Each reward offer shall be in writing and shall be valid
only if approved in advance as to form and compliance with this
section by the city attorney.
PART 10 STANDARDIZATION
2.30.900 Standardization. Where the city manager has determined
that it is required by the health, safety or welfare of the
people or employees of the city, or that significant costs
savings have been demonstrated, standardization of supplies,
materials or equipment, including information and communication
technology, for purchase or to be used in a public works project
is permitted and the specifications may specify a single brand or
trade name. Among the factors that may be considered in
determining to standardize on a single brand or trade name are
that:
(a) Repair and maintenance costs would be minimizedi
(b) User personnel training would be facilitated therebYi
(c) Supplies or spare parts would be minimizedi
(d) Modifications to existing equipment would not be necessary;
(e) Training of repair and maintenance personnel would be
minimized; and
(f) Matching existing supplies, materials or equipment is
required for proper operation of a function or program.
II
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SECTION 2. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore,
no environmental impact assessment is necessary.
SECTION 3. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: May 17, 2004
PASSED: June 7, 2004
AYES: BEECHAM, BURCH, CORDELL, KISHIMOTO, KLEINBERG, MORTON,
MOSSAR, OJAKIAN
NOES: FREEMAN
ABSENT:
ABSTENTIONS:
~S#~ U, '.,
City Clerk Mayor
APPROVED AS TO,~ ~
Sr. Assistaht City Attorney
Services
040309 ora 0100164 32