Chino Hills Municipal Code Ch. 3.18 Contracting System

In order to establish efficient procedures for the contracting of services, to exercise positive control over contracts, to clearly define authority for the contracting function, and to ensure the quality of contracts, a contracting system is adopted.

(Ord. No. 271, § 4, 5-27-2014)

The procedures established by this chapter shall apply to all contracts for services.

(Ord. No. 271, § 4, 5-27-2014)

There is created the position of Contract Compliance Officer. By written designation, the City Manager appoints the Contract Compliance Officer. The duties of Contract Compliance Officer may be combined with those of any other office or position. In the absence of the Contract Compliance Officer, the City Manager or designee may serve as Contract Compliance Officer. The Contract Compliance Officer shall have general supervision of all contracting functions. The Contract Compliance Officer shall have the authority to:

A. Process contracts for services required by any City department in accordance with contracting procedures prescribed by this chapter and such other policies, rules and administrative regulations as shall be prescribed by the City Council (such City Council policies, rules and administrative regulations are collectively referred to as the "Contract Compliance Policy"); and any additional administrative regulations prescribed by the City Manager;

B. Negotiate and recommend execution of agreements for services;

C. Prepare and recommend to the City Council or City Manager rules governing the contracting of services for the City, and revisions and amendments to the Contract Compliance Policy and Procedures;

D. Stay informed of current developments in the field of contracting;

E. Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations;

F. Assist with processing agreements for services and providing other assistance as necessary.

(Ord. No. 271, § 4, 5-27-2014)

The Contract Compliance Officer shall be responsible for determining that the regulations and procedures as detailed in the Contract Compliance Policy are carried out.

(Ord. No. 271, § 4, 5-27-2014)

Agreements shall be competitively bid by the issuance of Requests for Proposals (RFPs) or Requests for Qualifications (RFQs) or as otherwise set forth in the Contract Compliance Policy, with the following exceptions:

A. Ten Thousand Dollars ($10,000.00) or under: When the estimated amount involves ten thousand dollars ($10,000.00) or less annually or per project.

B. Sole Source: When the service can be obtained from only one provider and that appropriate written justification is approved by the City Manager or City Council, according to the applicable signing authority limits in Section 3.18.060.

C. Emergency: The City Manager may authorize an agreement for services when an emergency is deemed to exist and it is determined that service involving the public health, safety, or welfare would be interrupted if the normal procedure were followed. A declaration of emergency as set forth in this code is conclusive evidence of such an event. All emergency services which would otherwise require formal bidding procedures made pursuant to this section shall be submitted to the City Council for ratification at the next regular City Council meeting after the agreement is authorized for which legally required meeting notice can be provided.

D. Professional and Consultant Services: Agreements for professional services and specialized consultant services that require significant experience and/or training if the City Manager determines that the RFP process is unnecessary because a professional or specialized consultant services provider is the best provider for a particular agreement based on some or all of these factors: demonstrated competence, qualifications for the types of services to be performed, experience, knowledge of the city due to a long-standing relationship or other similar relevant criteria.

E. Urgent Services: Services may be contracted for without competitive bidding when time is of the essence to avoid interruption of a City event. For urgent services, written approval shall be obtained prior to contracting from the City Manager. Such written approval can be obtained through email or other means of electronic communication that can be printed for record. Notwithstanding the above, if every reasonable attempt to obtain written approval from the officials above prior to service has been unsuccessful, then the Department can proceed on oral approval, but such oral approval must be memorialized in writing to the official providing such oral approval, documenting the time and date of such approval, as soon as practicable. All urgent services which would otherwise require formal bidding procedures made pursuant to this section shall be submitted to the City Council for ratification at the next regular City Council meeting after the urgent service is authorized for which legally required meeting notice can be provided.

F. Cooperative Services: Competitive procedures need not be followed where the Contract Compliance Officer identifies a cooperative competitive bidding procedure, being prepared by and processed through a federal, state, county, local, or other public agency, or a cooperative purchasing entity set up by or utilized by such governments or public agencies. Under such circumstances, the City may join into an existing written service agreement obtained within the last sixty (60) months through competitive bidding process prepared by and awarded by another federal, state, county, local or other public agency or a cooperative purchasing entity. City Council consent is required for such arrangements where the estimated value of the service agreement is more than fifty thousand dollars ($50,000.00) annually or per project.

G. Interagency Agreements: Any agreement entered into with another governmental entity.

H. Combined Goods and Services: Any agreement which combines professional services and the acquisition of goods or equipment where the professional services are specifically retained to advise the City on the selection of the goods or equipment and the professional services utilized under the contract also include designing, retrofitting, or modifying the goods or equipment to meet the particular needs of the City. This exemption shall also include the acquisition by the City of "intellectual property." In utilizing this exemption, a request for qualifications, (RFQ), shall be used.

I. Waiver: When the City Council determines waiver of competitive procedures is required or desirable and in conformance with state law.

J. Technology: Any agreement for information technology-related products and/or services that is required for maintaining compatibility, functionality, or conformity with existing systems, products, and technologies, including proprietary hardware and software solutions with unique features or specialized functions; products, services or solutions necessary to meet regulatory requirements; or commitments essential to uphold current warranties or contractual obligations, if the City Manager has determined in writing that the RFP process is unnecessary due to these specified conditions.

K. Public Entertainment Services for City-Sponsored Events: Agreements for entertainment services, such as music, dancing, or other performance arts. This includes contracts with a management company and/or representative managing multiple performers.

L. Instructor Services Contracts: Contracts for instructional services for the City's recreational program.

(Ord. No. 271, § 4, 5-27-2014; Ord. No. 392, § 3, 1-10-2023; Ord. No. 413, §§ 1, 2, 11-26-2024, eff. 1-1-2025)

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

A. The Mayor;

B. The City Manager and Department Directors when directed to do so by the City Council, resolution, ordinance, or any provision of this Code;

C. The City Manager for agreements up to and including fifty thousand dollars ($50,000.00) annually or per project. Notwithstanding the foregoing, public construction projects contracts may be signed by the City Manager as provided in Chapter 3.20.050 of this Code; and

D. Department Directors for agreements up to and including twenty-five thousand dollars ($25,000.00) annually or per project. Notwithstanding the foregoing, public projects contracts may be signed as provided in Section 3.20.050 of this Code.

(Ord. No. 271, § 4, 5-27-2014; Ord. No. 372, § 6, 9-14-2021)

Except in cases of emergency, the City shall not enter into an agreement unless there exists an unencumbered appropriation in the fund account against which such agreement is to be charged or the most recent City Council budget resolution otherwise authorizes such appropriation.

(Ord. No. 271, § 4, 5-27-2014)

The City Council is authorized to promulgate the policies, administrative regulations and procedures to implement this chapter. The City Manager is authorized to adopt additional administrative regulations for the internal management and operation of the contracting division.

(Ord. No. 271, § 4, 5-27-2014)