Chapter 3.10 — PURCHASING POLICIES AND PROCEDURES

A.

The goal of establishing purchasing policies and procedures is to establish and maintain appropriate fiscal controls on expenditures of public funds; to maximize the city's return on purchasing dollar by encouraging competitive prices; and to provide a timely, effective method of procurement for city departments.

B.

The City Council designates the City Manager as the purchasing officer for the City of Clayton. Further delegation of purchasing authority, responsibility, and accountability to the Department Heads may be authorized in writing by the City Manager, within the guidelines of the policy. Specifically, prior approval authority as required in the guidelines may be delegated by the City Manager in his/her absence.

(Ord. 296, 1992; Ord. 376, 2004)

All purchases of goods, supplies, equipment, and services shall be made in accordance with purchasing guidelines policy in effect at the time of the purchase. The purchasing guidelines policy shall be established by Resolution of the City Council. Such guidelines may be changed from time to time by City Council Resolution.

(Ord. 296, 1992; Ord. 376, 2004)

Purchases made through the State Department of General Services (DGS) are authorized and the bidding procedures therein specified are acceptable for such purchases and shall be in lieu of the bidding procedures established by City policy. The City may also utilize DGS purchasing programs, such as the Cal-Card Program, by obtaining City Council authorization.

(Ord. 296, 1992; Ord. 376, 2004)

These purchasing guidelines may be temporarily suspended by the City Manager in the case of a timely emergency threatening life and/or major property losses. Any such suspension will be reported within twenty-four (24) hours to the Mayor and City Attorney. Any such suspension for emergency purposes will be reviewed by the City Council at its next regular Council meeting following the initiation of the suspension and may not continue past the date of the next regular Council meeting without approval of the City Council.

(Ord. 296, 1992)

The City Council, by Resolution, shall establish a City Credit Card Policy. The policy will establish regulations under which the city may contract for, and control the use of credit cards that will be assigned to and utilized by selected employees to purchase materials, supplies, equipment and services on behalf of the city. The policy will adhere to the current purchasing guidelines policy.

(Ord. 376, 2004)

A.

Definitions. For the purposes of this enabling ordinance for the Uniform Public Construction Cost Accounting Act, the following words and phrases shall have the following meanings:

"Act" means the Uniform Public Construction Cost Accounting Act (California Public Contracts Code Section 22000 et seq.).

"City" means the City of Clayton.

"Commission" means the California Uniform Construction Cost Accounting Commission.

"Public project" has the meaning assigned to it under Public Contract Code Section 22002, as it may be amended from time to time.

B.

Public Project Contracting Procedures. The City shall follow the contracting procedures set forth in Article 3 of the Act (Public Contract Code Section 22030 et seq.).

C.

Contractors List. The City Manager, or his or her designee, shall compile and maintain a list of qualified contractors identified according to categories of work. This list shall comply with the requirement of the Act and the criteria promulgated, from time to time by the Commission.

D.

Informal Bidding.

When a public project is to be performed which qualifies for informal bidding, notice of such project shall be given as follows except where the product or service is proprietary:

a.

Notice shall be sent to all contractors on the contractors list for the category of work being bid or notice shall be given to all construction trade journals specified by the Commission for the receipt of such notice for Contra Costa County; and

b.

Additional notice to other contractors and/or trade journals may, in the discretion of the City be given.

If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors in accordance with Public Contract Code section 3400 et seq.

All mailing of notices to contractors and/or construction trade journals shall be completed not less than ten (10) days before bids are due.

The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.

E.

Formal Bidding.

When a public project is to be performed which qualifies for formal bidding, notice of such project shall be given as follows except where the product or service is proprietary.

a.

Notice shall be given to all construction trade journals specified by the Commission for the receipt of such notice for Contra Costa County and notice shall be published in a newspaper of general circulation printed and published or circulated in the City; and

b.

Additional notice to other contractors and/or trade journals may, in the discretion of the City, be given.

If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent to only such contractor or contractors in accordance with Public Contract Code Section 3400 et seq.

All notices to construction trade journals shall be competed not less than fifteen (15) days before bids are due. All notices shall be published in a newspaper of general circulation not less than fourteen (14) days before bids are due.

The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.

F.

Award of Contracts. The City Manager is authorized to award contracts for public projects of sixty thousand dollars ($60,000) or less. The City Council shall award all contracts in excess of sixty thousand dollars ($60,000).

G.

Rejection of Bids. The City Manager or the City Council, as the case may be, may, in the City Manager's or City Council's discretion, reject all bids and proceed as authorize by the Act.

H.

Emergencies. Emergency work shall be contracted for in accordance with Public Contract Code Sections 22035 and 22050.

(Ord. 494, Exh. A, 2021)