Burbank Municipal Code Div. 1 General Provisions

As used in this article, unless the context otherwise indicates:

ANNUAL SERVICE CONTRACTS OR MAINTENANCE AGREEMENTS: Contracts for routine, recurring, and usual work for the preservation, protection, and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired. It shall include, but not be limited to, carpentry, roofing, electrical, plumbing, glazing, painting, and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or realty as fixtures; janitorial or custodial services of a routine, recurring or usual nature; security guards; and, landscape maintenance. Contracts for computer hardware and software, end user license agreements, web design agreements and all equipment maintenance agreements are included in this definition.

BEST VALUE: A value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the City and meeting the objectives of the project or a tradeoff between price and other factors specified in the solicitation.

CITY MANAGER: The person holding the position of City Manager of the City or their designee.

DEPARTMENT DIRECTOR: The person holding the highest executive position in each City department or their designee.

DESIGN BUILD: A project delivery process in which both the design and construction of a project are procured from a single entity, who is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design build contract.

EMERGENCY: An unforeseen combination of circumstances or resulting state that calls for action to preserve life, property or public health. This definition of emergency is in addition to the definition in Section 5-2-102, and either definition may be applicable under Charter Section 1205.

FINANCIAL SERVICES DIRECTOR: The person holding the position of Financial Services Director or their designee.

E-PROCUREMENT: A procurement method where bids on public works or other contracts for goods and services are received electronically.

GOODS: All supplies, products, materials and equipment.

PRICE AGREEMENT: A competitively bid contract for goods or services, issued for a base year and subject to renewal for up to four (4) additional option years for a total of five (5) years.

PROFESSIONAL SERVICES: Accounting, appraisal, architectural, auditing, engineering, environmental, design, land surveying, construction management, legal, financial planning, medical or planning services or any service which is similarly professional, scientific, expert, or technical.

PUBLIC WORKS CONSTRUCTION: Construction, alteration, or improvement of any public buildings, structures, or streets involving the expenditure of City money exceeding the amount established by Section 2-2-116. Excluded from this definition are annual service contracts, Maintenance Agreements, and contracts for ordinary repair and maintenance (including, but not limited to, slurry sealing of streets, spot replacement and repair of existing sewer lines, carpentry, electrical, plumbing, painting, roofing and other craft work) designed to preserve public facilities in a safe, efficient and continually usable condition for which they were intended. Notwithstanding the foregoing, all such contracts excluded from the definition of Public Works Construction may still be subject to the Labor Code prevailing wage and other requirements under Section 2-2-120.

PURCHASING MANAGER: The person holding the position of Purchasing Manager of the City or any person designated by the Financial Services Director to fulfill the function.

REQUEST FOR PROPOSAL: A solicitation to receive proposals to obtain goods and services through a negotiated process pursuant to the applicable Administrative Procedures.

REQUEST FOR QUOTATION: A competitive bid solicitation for goods or services that is awarded to the lowest responsible and responsive bidder.

RESPONSIVE BID OR PROPOSAL: A bid or proposal that substantially complies with all solicitation procedures and requirements.

RESPONSIVE BIDDER: A bidder that meets all the requirements of the solicitation with no irregularities or errors that have not been waived.

REVERSE AUCTION: A procurement method where vendors submit open bids against each other in a transparent process until the date of the closing of bids.

SERVICES: Work performed or labor, time, and effort expended by an independent contractor. The term shall not include professional services. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

A. The procurement of professional services shall be pursuant to the applicable Administrative Procedure. It is the policy of the City to select a professional service provider on the basis of demonstrated competence and qualifications for the types of services to be performed, and at fair and reasonable prices. Said procedures shall establish rules and regulations for the solicitation and evaluation of proposals from providers of professional services based on objective criteria which implement the policy of the City set forth herein.

B. The City Manager may approve and execute agreements for professional services on behalf of the City as follows.

1. Agreements not exceeding one hundred thousand dollars ($100,000.00) for which funds have been included in the City Council adopted Annual Budget; or

2. Where the cost of such service is paid for by another person or entity or where the City is acting as an agent of a third party in procuring such services paid for by the third party; or

3. Agreements for which funds have been included in the adopted annual budget and listed in the Appendix List of Agreements and Contracts of the annual Budget adopted by the City Council.

C. Except as provided for above in subsection B, agreements for professional services in excess of one hundred thousand dollars ($100,000.00) must be approved by the City Council.

D. The City Council may delegate power to award contracts under this section to any board, commission, or committee provided for in Title 2, Chapter 1, Article 4 of this code. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

The Purchasing Manager shall have the authority within the requirements of this Code to:

A. Purchase and contract for all goods and services needed by City departments,

B. Conduct all bidding procedures called for by this article;

C. Sign all purchase orders and change orders for goods and services;

D. Examine each estimate and requisition and revise it as to quantity, quality, and estimated cost consistent with required standards and specifications;

E. Procure for the City the highest quality of goods and services at the least expense to the City;

F. Obtain full and open competition as required in this article and discourage collusive bidding;

G. Prescribe and maintain such forms as are reasonably necessary for the efficient operation of purchasing and contracting under this article;

H. Prepare and adopt standard terms and conditions for purchasing.

I. Maintain a current list of all registered vendors and contractors, with their names, addresses, emails and phone numbers within the Purchasing Division. Registered vendors shall be notified of any applicable City bid solicitations;

J. Buy “in bulk” when practicable, to take full advantage of quantity rates and discounts;

K. Apply all federal, state and local tax exemptions to which the City is entitled;

L. Disqualify vendors who default on a bid or proposal from receiving any solicitations from the City for a stated period of time, pursuant to the City’s Administrative Policy.

M. Authorize subordinates to carry out responsibilities assigned to the Purchasing Division hereunder and pursuant to any applicable Administrative Procedures. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

A. Specifications for Goods and Services: The initiating department is responsible for preparing the written specifications for goods and services needed by the City. The Purchasing Manager shall have final approval of specifications for goods and services needed by the City.

B. Contract Documents for Public Works Construction: Contract documents for Public Works Construction shall be prepared by the Purchasing Division and technical specifications, plans and drawings shall be prepared by the initiating department and shall bear the endorsed approval of such department and the Purchasing Manager, before any bids are called for or any purchases made or contracts awarded. Contract Documents involving the expenditure of City money exceeding the amount established by 2-2-116 shall be reviewed and approved by the City Attorney’s Office. Contract documents below the amount established by 2-2-116 may be reviewed by the City Attorney’s Office at the discretion of the Purchasing Manager.

C. Exemption from California Public Contract Code: Except as provided in this code or pursuant to agreement approved by the City Council, the City of Burbank, as a Charter City, is exempt from the provisions of the California Public Contract Code.

D. Approval of Technical Specifications, Plans, and Drawings: The City Manager, Public Works Director, City Engineer, Burbank Water and Power General Manager, or designee, is delegated authority, on behalf of the City, to approve in advance of construction technical specifications, designs, plans, and/or drawings for any construction of, or an improvement to, public property. Any subsequent changes to said technical specifications, designs, plans, and/or drawings may also be approved by the City Manager, Public Works Director, City Engineer, Burbank Water and Power General Manager, or designee, prior to construction of the change. When such changes are made during construction, the “as built” plans will reflect all changes. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

A. The City is committed to the use of sustainable products whenever feasible, pursuant with the City’s applicable Administrative Procedures.

B. The City shall strive to build and maintain LEED certified facilities whenever practical. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

It is prohibited for any City officer or employee to purchase or contract for goods or services for the City other than through the Purchasing Division except as allowed by applicable Administrative Procedures. All such purchases or contracts shall be pursuant to this Code and applicable Administrative Procedure. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

A. City Council approval for the purchase of goods and services is provided through the resolution approving the annual City budget. Multi-year contracts with a cumulative value (value of all years combined) exceeding one hundred thousand dollars ($100,000) shall be submitted to the City Council separately for approval and remain subject to annual budget appropriation authority provided by the City Council.

B. Subject to Division 2, the City Manager may approve and execute contracts for goods and services on behalf of the City as follows, except as provided in Section 2-2-102 and Division 3. All other contracts require City Council approval at an open meeting.

1. Up to one hundred thousand dollars ($100,000); or

2. Multi-year contracts with a cumulative value up to $100,000, as long as such contract is subject to annual budget appropriation authority or the funds are encumbered or pre-paid; or

3. Where such purchase has been authorized through the resolution approving the annual City budget.

4. Where the cost of such purchase is paid for by another person or entity or where the City is acting as an agent of a third party in procuring such goods or services paid for by the third party.

5. In case of emergency, pursuant to City Charter Section 1205.

C. The City Council may delegate the authority to approve contracts for the purchasing of goods and services to any board, commission, or committee provided for in Title 2, Chapter 1, Article 4 of this Code. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

To obtain quantity or bulk prices or other discounts and to facilitate the City’s operations, the Purchasing Manager may enter into and sign on behalf of the City, Price Agreements and agreements for goods and services if such agreements are for one year or less and funds have been budgeted, and appropriated therefor. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

A City employee involved in the procurement of goods, services or professional services is prohibited from directly or indirectly accepting any rebate, gift, money, or thing of value whatsoever, from any vendor that currently conducts or seeks to conduct business with the City. Advertising or promotional items with a cumulative annual value of $50.00 or less are exempted from this prohibition. All employees not involved with the procurement of goods, services or professional services, are subject to the applicable Administrative Procedure on gifts. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

The initiating department shall inspect the goods delivered and the services performed to determine their conformance with the specifications set forth in the order or contract, and shall report on such non- conformance to the Purchasing Manager. The initiating department or Purchasing Manager may require chemical and physical tests of samples submitted with bids and samples of deliveries when necessary to determine their quality and conformance with the specifications. [Added by Ord. No. 19-3,923, eff. 12/6/19.]