Elk Grove Municipal Code Art. I General

The purposes of this chapter are to define the types of contracts regulated by this chapter, provide for the authority of City officers to enter into certain contracts, and to set forth the procedural requirements for the various types of contracts. All purchases and contracts for contracted services, commodities, equipment and other personal property required by any department or other organizational unit of the City shall be made on behalf of the City in accordance with this chapter, except as otherwise provided by State law. However, a purchase or contract may be initiated only if sufficient funds have been appropriated and for which there is an unexpended and unencumbered remaining balance sufficient to pay for the purchase or contract. This purchasing system implements Sections 54201 through 54205 of the California Government Code.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013)

The contracts regulated by this chapter are:

A. Contracts for consultant or professional services;

B. Contracts for the purchase of commodities and equipment;

C. Contracts for the purchase of general services, including maintenance contracts, which may also include the purchase of commodities, equipment, and/or materials.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013; Ord. 2-2016 § 2(1)(i), eff. 4-8-2016)

Except as set forth below, and notwithstanding any other provision of law, the following contracts shall not be subject to this chapter:

A. Internships. Contracts under which an intern is provided to the City through an internship and/or educational program which has been reviewed and approved in writing by the City Manager. Such contracts may be entered into by the City Manager without prior City Council approval, provided there is adequate funding allocated in the City budget;

B. Annual Membership Dues. Membership dues for professional and civic organizations to which the City is a member, including, without limitation, the League of California Cities, the Chamber of Commerce, Sacramento Area Commerce and Trade Organization (SACTO), and such similar professional and civic organizations that may charge an annual or other membership fee. Such contracts may be entered into and/or membership fees paid at the direction of the City Manager, without prior City Council approval, provided there is adequate funding allocated in the City budget;

C. Contracts for public works projects shall be governed by EGMC Chapter 3.50;

D. Other Contracts. Such other contracts as the City Council, in its discretion, finds by resolution are not susceptible to the contracting procedures set forth in this chapter, provided that nothing herein shall relieve the City from any contracting procedures required by State or Federal law.

(Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013; Ord. 2-2016 § 2(1)(iii), eff. 4-8-2016)

For the purpose of this chapter, the following definitions shall apply:

A.

“Amendment” or “change order”

means change, modification, or addendum to a contract after it has been executed.

B. (Reserved)

C.

“Commodities”

means any tangible goods or items such as supplies, parts, and materials. Generally, they are consumable in City operations, become part or a component of City equipment or City facilities, and/or have a useful life of one (1) year or less.

“Consultant or professional services”

means the services of an architect, attorney, landscape architect, engineer, doctor, financial consultant, planning or environmental consultant, investment advisor, banking and trustee services, or other similar professional services as defined in Section 37103 of the California Government Code, as may be amended from time to time.

“Contract”

means any agreement to do or not do a certain thing. “Contract” and “agreement” are synonymous. The term “contract” includes, among other things, a purchase order, a contract for services, and an addendum or change order.

“Cost”

means the amount charged, inclusive of sales tax, use tax, delivery charges, shipping and/or handling, and which will be incurred on a fiscal year basis.

D. (Reserved)

E.

“Equipment”

means tangible personal property. It may be mobile, portable or fixed, and is an independent functioning unit, as opposed to parts which are components. Examples include, but are not limited to, office equipment, furniture, field equipment, shop, lab, and plant equipment, vehicles, and rolling stock.

F. (Reserved)

G.

“General services”

includes:

a.

Any work performed or services rendered by an independent contractor, not otherwise qualifying as consultant or professional services, with or without the furnishing of associated commodities, equipment or materials, and excluding any work defined as a “public project” under Section 22002 of the Public Contract Code. Examples of general services include, but are not limited to, the following:

i.

Maintenance or nonstructural repair of City buildings, structures or improvements which do not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, electrical, mechanical, elevator maintenance, custodial services, and pest control;

ii.

Installation, repair, modification, and maintenance of City property and equipment;

iii.

Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of City supplies, equipment, and waste products;

iv.

Providing other technical services to facilitate City operations such as communications, transportation, utilities, and which may also include providing related commodities, equipment, materials, and/or computer software;

v.

Performing repair, demolition or other work required to abate nuisances under this code; and

vi.

Leasing or rental of equipment (personal property) for use by the City;

H. (Reserved)

I.

“Intern”

means any part-time or full-time student currently enrolled in any curriculum at a college, university, trade school, or other technical or certificate program in fields relevant to the business of the City.

“Internship program”

means any college, university, trade school, or other technical or certificate program that provides an intern(s) to the City. “Internship program” shall also include any nonprofit corporation affiliated with any college, university, trade school, or other technical or certificate program that recruits, screens, hires, and compensates interns.

J. (Reserved)

K. (Reserved)

L.

“Local vendor”

means a person or legal entity which has a place of business (other than a post office box) within the City and has a valid, current business license issued by the City. To qualify as a local vendor for the purposes of EGMC Section 3.42.230, the vendor shall submit with its bid or proposal a completed City-provided affidavit that documents the following: 1) the business has a facility with a City of Elk Grove address, 2) the business has, during at least one (1) year immediately preceding the submission of the bid or proposal, attributed sales tax to the City of Elk Grove, and 3) the business has had a City of Elk Grove business license for at least one (1) year prior to the submission of the bid.

M. (Reserved)

N. (Reserved)

O. (Reserved)

P.

“Post-consumer recycled materials”

means materials and by-products which have served their intended end use by a consumer and have been recovered or diverted from solid waste. It does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

“Public project”

shall have the same definition as contained in Section 22002 of the Public Contract Code as may be amended from time to time.

Q. (Reserved)

R.

“Recycled materials”

means materials and by-products that have been recovered or diverted from solid waste and that can be utilized in place of raw or virgin materials in manufacturing a product. It is derived from post-consumer recycled materials, manufacturing waste, industrial scrap, agricultural waste, and other waste materials, but does not include those materials or by-products generated from, and commonly reused within, an original manufacturing process.

“Recycled products”

means materials and by-products which have served their intended end use by a consumer and have been recovered or diverted from solid waste. It does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

S. (Reserved)

T. (Reserved)

U. (Reserved)

V. (Reserved)

W. (Reserved)

X. (Reserved)

Y. (Reserved)

Z. (Reserved)

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 52-2008 § 2, eff. 12-12-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013; Ord. 3-2020 § 2, eff. 4-10-2020)

Except for a contract for a public project, as defined herein, and unless otherwise authorized by the City Manager and the City Attorney, before a contract is signed by any City representative, or placed on a City Council agenda, the contract must: A) include appropriate insurance and indemnification provisions reviewed by the City’s Risk Management Officer or City Attorney; B) be approved as to form by the City Attorney; C) be approved as to budget availability and purchasing procedural compliance by the Finance Director or Budget Officer; and D) be signed by the other party (except in the instance of a public entity, in which instance it may be signed by the City representative first).

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013)

Each contract entered into under this chapter and requiring the payment of City funds, after execution, will be entered into the City financial system by an encumbrance against the appropriate budgeted funds.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013)

A signed original of each contract entered into under this chapter shall be filed with the City Clerk’s office, except for transactions involving the purchase of commodities, equipment or general services documented with a purchase order, which is filed with the Finance Department. Contracts shall be retained in accordance with the City Council adopted retention schedule.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013)

Any transaction failing to comply with this chapter in any respect is voidable at the discretion of the City Council.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013)

It is unlawful to split into smaller orders the purchase of commodities, equipment or services for the purpose of evading the competitive bidding provisions of this article.

(Ord. 9-2008 § 2, eff. 5-9-2008; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 21-2013 § 2 (Exh. A), eff. 11-22-2013)