Antioch Municipal Code Art. I General

(A) The purpose of this chapter is to:

(1) Establish efficient procedures for the purchase of goods and services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases. (Reference: Cal. Gov't Code §§ 54201 through 54205); and

(2) Provide for the authority of certain city employees to enter into contracts and to set forth procedural requirements.

(B) This chapter does not apply to public contracts concerning real property, franchise agreements or to labor contracts with city employees.

(Ord. 2044-C-S, passed 11-9-10)

In this chapter, the following definitions apply:

BEST VALUE. The best value to the city based on all factors, including: cost (unit prices and total cost); contractor's ability, capacity or skill; ability to perform within the time required; character, integrity, reputation, judgment, experience and efficiency; quality of contractor's performance on previous purchases or contracts, if applicable; and the ability of the contractor to provide future maintenance, repair, parts and services, if necessary.

COMMISSION. The California Uniform Construction Cost Accounting Commission established under Cal. Pub. Cont. Code § 22010.

DIRECTOR. The Public Works Director and/or the Capital Improvements Director, or their designee.

EMERGENCY. A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

FACILITY. A building, plant, structure, ground system, utility system, real property, street, highway or other public work improvement.

GOODS AND GENERAL SERVICES.

(1) Tangible goods, supplies and equipment. It includes vehicles, office supplies, pipe, computer equipment and tools.

(2) GENERAL SERVICES involve the furnishing of labor, time or effort by an independent contractor who is specially trained to perform the services. It includes (with or without the furnishing of materials) but is not limited to: maintenance of city equipment; licensing or maintenance of software; providing temporary personnel services; work required to abate a nuisance; leasing or rental of equipment and related maintenance; maintenance work on city property. GENERAL SERVICES does not include professional or consultant services or work defined as a public project.

IMMEDIATE FAMILY. An employee's husband, wife, mother, mother-in-law, father, father-in-law, son, son-in-law, daughter, daughter-in-law, domestic partner, brother or sister.

PUBLIC PROJECT. Any of the following:

(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition or repair work involving any publicly owned, leased, or operated facility;

(2) Painting or repainting of any publicly owned, leased or operated facility; or

(3) 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.

PUBLIC PROJECT does not include maintenance work. Maintenance work includes: routine, recurring, and usual work for the preservation or protection of any publicly owned or operated facility for its intended purposes; minor repainting; resurfacing of streets and highways at less than one inch; landscape maintenance; and 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.

PROFESSIONAL SERVICES or CONSULTANT SERVICES. The services of an attorney, architect, engineer, accountant, auditor, financial consultant, planning or environmental consultant, investment advisor, bank or trustee officer, computer support, or other professional.

REQUEST FOR PROPOSAL (RFP). A request for a proposal from a professional.

REQUEST FOR QUALIFICATIONS (RFQ). A process to ascertain the qualifications of potential vendors.

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT OR THE ACT. The Act set forth at Cal. Pub. Cont. Code §§ 22000 and following, which provides an alternative method for the bidding of public projects.

(Ord. 2044-C-S, passed 11-9-10)

(A) Implementation. The City Manager, or his or her designee, is responsible for all purchasing not specifically reserved to the City Council. Implementation may include the promulgation of more detailed administrative procedures. The City Manager's purchasing authority includes the transfer of surplus or unused supplies and equipment to departments as needed and the sale or disposal of such supplies and equipment which are no longer suitable for city use.

(B) Appeals. Any actual or prospective bidder or contractor who has a grievance in connection with any city solicitation or award of contract may protest in writing to the Finance Director within five working days after the protestor knows or should have known of the facts supporting the protest. If the protest is not resolved, the bidder may appeal the Director's decision to the City Manager. The City Manager's decision is final, except for contracts which are awarded by the City Council. The parties will endeavor to have any protest and appeal resolved within 14 working days. This appeals provision supersedes that set forth in Chapter 4 of Title 1 of the Antioch Municipal Code.

(Ord. 2044-C-S, passed 11-9-10)

A city employee may not participate directly or indirectly in a purchase contract if: the employee or any member of the employee's immediate family has a financial interest in the contract or the contractor; or the employee or any member of the employee's immediate family has an arrangement regarding prospective employment with the contractor.

(Ord. 2044-C-S, passed 11-9-10)

(A) Authority to sign contracts. As set forth below, the City Council delegates the authority to sign contracts to the City Manager and other designees determined by the City Manager. The City Council also delegates that the Mayor or City Manager may sign contracts approved by the City Council.

(B) Contracts requiring no payment by the city. The City Manager and designees determined by the City Manager are also authorized to sign contracts which require no payment by the city. Examples of such contracts include contracts for the use of city property or facilities which provide for payment of money to the city in an amount not exceeding $50,000 and contracts for professional services for which an applicant has deposited the full amount of the contract plus administrative fee and the funds are to be used for a city-managed professional services contract, such as an environmental impact report.

(C) Emergency contracts. In an emergency endangering the lives, property or welfare of the people of the city or the property of the city, the City Manager may authorize the expenditure of any unencumbered moneys in the emergency reserve fund, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise unavailable.

(Ord. 2044-C-S, passed 11-9-10)