California City Municipal Code Art. 1 Budgeted Expenditures

Footnotes:

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Editor's note— Ord. No. 13-717, § 2, adopted April 16, 2013 , repealed former Art. 1, Divs. 1—5, in its entirety and enacted new provisions as herein set out. Former Art. 1 derived from the 1998 printing of this Code and Ord. No. 07-650, 7-7-2007; 09-681, 10-6-2009.

For the purposes of this Article, the following definitions apply:

(a) "UPCCAA" shall mean the Uniform Public Construction Cost Accounting Act, Public Contract Code 22000 et seq.

(b) "Commission" shall mean the Uniform Construction Cost Accounting Commission, created pursuant to Public Contract Code Section 22010.

(c) "Maintenance work" is defined in Public Contract Code Section 22002.

(d) "Public project" is defined in Public Contract Code Section 22002.

( Ord. No. 13-717, § 2, 4-16-2013 )

(a) A purchasing system is adopted, pursuant to the requirements of the UPCCAA and Government Code Section 54202, in order to establish efficient procedures for the purchase of supplies, services, and equipment, to secure for the city supplies, services, and equipment 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.

(b) The requirements of the UPCCAA shall be applicable to all contracts and purchases on public projects.

(c) The requirements of the UPCCAA shall also be applicable to the City's purchase of all goods, equipment or services and contracts for "maintenance work," except as may be specifically provided under state or local law to the contrary.

( Ord. No. 13-717, § 2, 4-16-2013 )

The purchasing system is intended to be centralized within the administrative services function of the City. The City Manager may authorize, in writing, any department to purchase specified supplies and equipment independent of the Purchasing Agent, however such purchases shall be made in conformity with the established procedures.

( Ord. No. 13-717, § 2, 4-16-2013 )

(a) The City Manager is the Purchasing Agent and may appoint a designee to administer the purchasing system. The designated purchasing agent's authority and responsibilities shall be in accordance with all applicable resolutions and administrative regulations established by the City.

(b) The Purchasing Agent shall:

(1) Purchase or contract for the supplies, services and equipment required by any city department in accordance with the purchasing procedures and such other rules and regulations as may be prescribed by the City Council;

(2) Negotiate and recommend the execution of contracts for the purchase of supplies, services and equipment;

(3) Recommend to the City Council, rules governing the purchase of supplies, services and equipment.

(4) Supervise the inspection of all supplies, services and equipment purchased to ensure conformance with specifications;

(5) Supervise the sale of surplus or unused supplies and equipment or transfer between departments as needed;

(6) Recommend the sale of surplus real property; and

(7) Maintain a bidder's list of vendors, catalog file and such other records needed for the efficient operation of the purchasing department.

(c) In connection with these activities, the purchasing agent shall endeavor to obtain as full and open competition as possible on all purchases, and shall keep informed of current developments in the field of purchasing, prices, market conditions and products.

( Ord. No. 13-717, § 2, 4-16-2013 )

Rules governing the purchasing system, either by resolution or administrative regulation, shall provide procedures that require every department to submit requests and estimates for supplies, equipment and services to the designated Purchasing Agent in a prescribed requisition process at least annually.

( Ord. No. 13-717, § 2, 4-16-2013 )

Except in cases of emergency, the Purchasing Agent shall not issue any purchase order or approve any written agreement, unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

( Ord. No. 13-717, § 2, 4-16-2013 )

The Purchasing Agent, in his or her discretion, shall have the authority to inspect supplies and equipment delivered, or services rendered, to determine their conformance with the specifications set forth in the original contract or order.

( Ord. No. 13-717, § 2, 4-16-2013 )

(a) The City Council of the City of California City hereby adopts the UPCCAA for the purpose of prescribing regulations governing all purchases and contracts awarded by the City. In accordance with the terms of the Act, the City may utilize the Act's procedures when contracting for "public projects" as defined in Public Contract Code Section 22002. Pursuant to Public Contract Code Section 22003, the City may also use the Act's procedures for any other work which does not fall within the definition of a "public project."

(b) Nothing shall preclude the City from utilizing more restrictive procedures.

( Ord. No. 13-717, § 2, 4-16-2013 )

(a) Small Purchase Procedures. Public projects, maintenance work, and the purchase of any supplies, equipment and services, which are in accordance with the limits established in Public Contract Code Section 22032(a), may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.

(b) Informal Procedures. Public projects, maintenance work, and any purchase of supplies, equipment and services which are in accordance with the limits established in Public Contract Code Section 22032(b), may be let to contract by following the Act's informal procedures. The informal procedures include the following:

(1) Contractors List. A list of contractors, identified according to categories of work, shall be developed and maintained in accordance with the requirements of Public Contract Code Section 22034, together with any criteria promulgated by the Commission from time to time.

(2) Notice Inviting Bids. At least ten (10) calendar days before bids are due, a notice inviting informal bids shall be mailed to all contractors on the list for the category of work being bid, and to all construction trade journals specified pursuant to the requirements of Public Contract Code Section 22036; provided however:

(i) Additional contractors and trade journals may be notified at the discretion of the Purchasing Agent.

(ii) For public projects, if there is no list of qualified contractors maintained by the CITY for the particular category of work to be performed, the notice inviting bids shall be sent to the construction trade journals specified by the Commission.

(iii) For circumstances not involving public projects, where there is no list of qualified contractors maintained by the City for the supplies, equipment, services or maintenance work to be procured, the notice inviting bids shall be made in conformity with procedures established by the Purchasing Agent from time to time. Whenever possible, bids should be solicited from at least three (3) qualified bidders.

(iv) If the product or service is proprietary in nature, such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to those contractor(s).

(3) In situations where a contract was originally presumed to fall within the informal bid limits in Public Contract Code Section 22032(b), but where all bids received are in excess of those limits, the city council may still award the contract if the requirements of Public Contract Code Section 22034(f) have been met.

(c) Formal Procedures. Public projects which are in accordance with the limits established in Public Contract Code Section 22032(c), shall be let to contract pursuant to the formal procedures set forth in the UPCCAA and as described in this Article. Except as provided in this code or under law to the contrary, contracts for maintenance work, and any purchase of supplies, equipment and services in accordance with the limits established in Public Contract Code Section 22032(c) may also be let to contract pursuant to the formal procedures in this section.

(1) Notice Inviting Bids.

(i) Formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation pursuant to the requirements of Public Contract Code Section 22037.

(ii) The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail, and mailed to all construction trade journals specified in Public Contract Code Section 22036. For circumstances not involving a public project, where there is no construction trade journal for the supplies, equipment, services or maintenance work to be procured, the notice inviting bids shall instead be made in conformity with established procedures. All notices under this paragraph shall be sent at least fifteen calendar days before the date of opening the bids.

(iii) In addition to notice required by this Article, the city may give such other notice as it deems proper.

(2) The city council shall adopt plans, specifications and working details for all public projects requiring the formal bid procedure, pursuant to Public Contract Code Section 22039.

(3) All public projects shall be awarded as provided in the UPCCAA.

(d) Contract Approval.

(1) The city's purchasing agent has authority to execute all contracts or purchase orders valued at $1,000.00 or less.

(2) All contracts or purchase orders over $1,000.00 shall be approved by the city council.

( Ord. No. 13-717, § 2, 4-16-2013 )

(a) Processing Bids. Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. It is the responsibility of the bidder to ensure receipt of the bid document by the City Clerk by the designated hour. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

(b) Bid Acceptance or Rejection.

(1) Rejection of All Bids. In its discretion the City Council may reject all bids presented, if City, prior to rejecting all bids and declaring that the project can be more economically performed by City employees, furnishes a written notice to the apparent low bidder. The notice shall inform the bidder of The city's intention to reject the bid, and shall be mailed at least two (2) business days prior to the hearing where the bid will be rejected. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city may:

(i) Abandon the project or readvertise for bids; or

(ii) Following passage of a resolution of the City Council by a four-fifths (⅘) vote stating the project can be performed more economically by the employees of the City, the City may have the project done by force account without further complying with the requirements of the Act.

(2) All contracts for public projects shall be awarded to the lowest responsible bidder as provided in the UPCCAA. All other informally or formally bid contracts shall be awarded to the lowest responsible bidder, unless otherwise provided in this code. If two (2) or more bids are the same and the lowest, the City may accept the one it chooses.

(3) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the City by force account or negotiated contract without further complying with this article.

( Ord. No. 13-717, § 2, 4-16-2013 )

(a) Except as otherwise provided by law, the following purchases of services, supplies and equipment shall be by negotiated contract without requiring a bidding process:

(1) Contracts for professional services, including but not necessarily limited to contracts with accountants, auditors, attorneys, plan checkers, inspectors, surveyors, architects, engineers, CEQA consultants, information systems consultants, financial consultants, election services consultants, public relations consultants and related activities, negotiation for or acquisition of land, insurance, bonds, and other similar contracts, subject to the requirements in Sections 4526 through 4529.5 and Section 37103 of the Government Code.

(2) Contracts where a commodity or service is offered by only one (1) vendor, or when only one (1) vendor is able to supply a commodity within the time frame or under terms and conditions which reasonably meet the needs of the city (sole source).

(3) Contracts where the purchase is procured pursuant to a competitively bid contract awarded by another public entity.

(4) Where the services, supplies and equipment are procured under a contract set forth on the California multiple award schedule (CMAS). Contracts under this exception must be approved by the City Council upon a finding that the proposed contract offers the best pricing. Whenever possible, the proposed contract should be based on at least three bids. City's agents shall attempt to negotiate a lower price from the CMAS contractor(s) whenever possible.

(5) The day-to-day operation of the city's self-insurance, or insurance retention, programs are exempt from these requirements, when performed in cooperation with the City's risk manager.

(6) Other exceptions authorized by law.

( Ord. No. 13-717, § 2, 4-16-2013 )

(a) In cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of the two.

(b) In case of emergency, if notice for bids to let contracts will not be given, the City shall comply with Chapter 2.5 of the Public Contract Code, commencing with Section 22050.

( Ord. No. 13-717, § 2, 4-16-2013 )

All persons or entities rendering professional services to the City shall render such services pursuant to a professional services agreement, in a form approved by the City Attorney. All persons rendering professional services pursuant to a professional services agreement shall not be subject to the City's Municipal Code as it relates to employees of the City. Such persons shall be considered independent contractors and not employees of the City.

( Ord. No. 13-717, § 2, 4-16-2013 )

All City departments shall submit to the designated purchasing agent reports showing all supplies and equipment which are no longer needed or which have become obsolete or worn out. The Purchasing Agent shall have authority to dispose of such supplies and equipment in a manner which bests suits the City's needs, as prescribed by resolution or administrative regulation.

(a) The amounts received for any property sold pursuant to this Article shall be deposited in the general fund, unless otherwise directed by the City Manager.

(b) Except as provided by state law, the Purchasing Agent may be requested to assist when disposing of unclaimed or abandoned property in the possession of the Police Department.

( Ord. No. 13-717, § 2, 4-16-2013 )

Nothing in this Article shall preclude employees of the City from performing work or services allowed by federal, state and local laws.

( Ord. No. 13-717, § 2, 4-16-2013 )

(a) The City shall spend the money in the SDI Fund:

(1) To promptly construct any SDI Improvements remaining for tract numbers 3281, 3282, and 3288.

(2) To construct SDI Improvements for SDI Tracts not identified in (a) as the need arises. As used herein, "construction" means the actual costs related to and necessary to construct and put improvements in place for their intended use, including but not limited to the design, solicitation, evaluation, award of construction contracts, and administration of construction contracts.

(3) To pay the costs of maintenance of SDI Improvements. As used herein, "maintenance" means the actual cost of operating and maintaining SDI Improvements, but does not include the cost of administering operation and maintenance programs.

(b) The City's policy on expenditures of monies in the SDI Fund for the construction of SDI Improvements is to encourage the development of new home construction consistent with prudent municipal development and expending as much of the accumulated money as necessary to provide for and stimulate the development of SDI Tracts. The City's goal is to develop sufficient interest to require the annual expenditure of 5% to 10% or more or less of the accumulated SDI Fund.

(c) On or before May 1st of each year, the City Engineer shall submit a list of proposed SDI Improvements to the SDI Advisory Committee and City Manager. A SDI Lot Owner may also propose an SDI Improvement by submitting a description of the project. Except when an urgency exists, e.g., a home under construction, proposals by SDI Lot Owners shall be reviewed by the City Engineer as described in the annual report. SDI Lot Owners proposing SDI Improvements are encouraged to submit evidence showing how the proposal will benefit SDI Lots and how the proposed improvements will be used at an early date. Proof of impending construction such as working drawings, approved construction loan, monies in escrow, building plans and water meter application must be shown to ensure the SDI Lot Owner is committed to improving the lot.

(d) The SDI Advisory Committee and the City Manager shall evaluate the report of the City Engineer and make recommendations to the City Council concerning the construction of the SDI Improvements as part of the annual budget process. The City Engineer shall prepare plans and specifications for each SDI Improvement project identified in the approved budget and shall submit such plans and specifications to the Council for action during the first quarter of each fiscal year. SDI Improvement projects identified in the approved plans and specifications shall be constructed as soon as feasible, taking into consideration variations in staffing, climate, and staging of projects.

(e) The City may expend monies from the SDI Fund to maintain SDI Improvements and pay for administrative expenses as permitted by this Article under the terms and conditions of this Section.

(f) Money shall annually be transferred from the SDI Fund to the City's General Fund for such purpose and shall not exceed the lesser of:

(1) $290,000.0 per fiscal year, which total may be an average of such expenditures over a four-year period.

(2) The amount of money in the SDI Fund attributable to investment earnings (as opposed to principal).

(3) The amount of money in the SDI Fund which the City Engineer and the Finance Director jointly certify to exceed the anticipated cost of constructing outstanding SDI Improvements for SDI Tracts.

(4) The cost of maintaining SDI Improvements.

( Ord. No. 13-717, § 2, 4-16-2013 )