Carmel-by-the-Sea Municipal Code Art. I General Regulations

This chapter is adopted pursuant to the City's general and specific contracting powers and, without limitation, Government Code Section 40602 for the purpose of establishing the requirements to bind the City by contract.

(Ord. 2023-03 § 2 (Exh. A), 2023)

The City is not bound by any contract unless the contract is in writing, approved as to form by the City Attorney, and signed on behalf of the City by an officer or officers as set forth in this chapter. Any such officer must sign a contract on the City's behalf when directed to do so by the City Council.

(Ord. 2023-03 § 2 (Exh. A), 2023)

Unless otherwise provided in this code, a resolution, or ordinance, the City Council must approve all contracts and direct the Mayor, or other officer, to sign a contract on the City's behalf.

(Ord. 2023-03 § 2 (Exh. A), 2023)

In accordance with Government Code Section 40602, the following officers are authorized to sign contracts on the City's behalf:

A. The Mayor or, if the Mayor is unavailable, the Mayor pro tem;

B. The City Administrator when directed to do so by the City Council, resolution, ordinance, or any provision of this code;

C. The City Administrator for contracts less than $60,000; and

D. Department directors for contracts less than $10,000.

(Ord. 2023-03 § 2 (Exh. A), 2023)

The City Administrator and Department Directors are authorized to solicit bids, award contracts, and select vendors without a bid as allowed by this chapter, up to the limits of their respective signature authority.

(Ord. 2023-03 § 2 (Exh. A), 2023)

The City Administrator, or designee, is the City's purchasing agent and is authorized to implement this chapter. To do so, the City Administrator may promulgate administrative policies and procedures to facilitate the requirements of this chapter.

(Ord. 2023-03 § 2 (Exh. A), 2023)

A contract for supplies, materials, services, equipment, or public works projects may not be issued unless an unencumbered appropriation exists in the fund against which the purchase is to be charged.

(Ord. 2023-03 § 2 (Exh. A), 2023)

The Department of Administrative Services shall not process any invoice or other demand for payment for supplies, materials, or equipment until the department receiving such has authorized payment through invoice and contract. Department heads shall file such certification no later than the next regular payment cycle following the receipt of such supplies, materials, equipment or public works projects.

(Ord. 2023-03 § 2 (Exh. A), 2023)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

A.

"Contract"

may include a purchase order, construction contract, or professional services agreement as the context may dictate.

B.

"General services"

means services that are manual or routine in nature as opposed to services that are predominately intellectual and varied in character or require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning.

C.

"Open market purchases"

means purchases which are unrestricted and competitive, and may include any individual, group or business who chooses to participate.

D.

"Professional services"

means those services provided to the City by independent consultants that are predominantly intellectual and varied in character – as opposed to manual or routine in nature – which require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning, and entail the exercise of a wide degree of discretion and judgment when performing the services (e.g., lawyers, engineers, architects, certified public accountants and land use planners).

E.

"Purchase"

includes renting, leasing, purchasing, licensing, or a trade of supplies.

F.

"Supplies"

includes general services; equipment; materials; goods, parts; miscellaneous commodities; and other office supplies. "Supplies" does not include professional services. Refer to Chapter 8.68 CMC regarding environmentally acceptable materials.

G.

"Uniform Guidance"

means Federal purchasing requirements published by the Office of Management and Budget (OMB). The OMB issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Rule (on December 26, 2013) which applies to all non-Federal entities receiving Federal awards, and to all new Federal awards and existing awards that receive additional funding (or funding increments) after December 26, 2014.

(Ord. 2023-03 § 2 (Exh. A), 2023)

The purchasing agent must inspect supplies, materials, equipment, or public works projects delivered and contractual services performed, to determine conformance with the specifications set forth in the order or contract. The purchasing agent has authority to require tests of samples submitted with bids and samples of deliverables which are necessary to determine the quality of certain items and conformance with bid specifications.

(Ord. 2023-03 § 2 (Exh. A), 2023)

Notwithstanding any other requirement of this chapter, bidding is not required for the following:

A. Emergency Purchasing. During a declared state of local emergency, bidding is not required. The City Administrator must provide a report to the City Council in accordance with applicable law regarding such emergency purchases.

B. Convenience. When the supply can be obtained from only one vendor or there are circumstances demonstrating only one vendor is best qualified to provide the supplies.

C. Best Value. The City Administrator may select the lowest responsible and responsive bidder based on objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications along with the nature of the goods, supplies, or equipment.

D. Cooperative Purchasing. Where the purchasing agent identifies a cooperative competitive bidding procedure, being prepared by and processed through another local, State, or Federal governmental agency, the purchasing agent may join into an existing written purchase contract through a competitive bidding process prepared by and awarded by another local, State or Federal governmental agency.

E. Supplies Less Than $5,000. Purchases made for supplies with an estimated value of less than $5,000 may be purchased on the open market without bidding requirements.

(Ord. 2023-03 § 2 (Exh. A), 2023)

The purchasing agent may utilize requests for qualifications and requests for proposals, as desirable, when considering retention of professional services.

(Ord. 2023-03 § 2 (Exh. A), 2023)