Fremont Municipal Code Art. II Duties and Authority of City Manager

(a) The city manager shall establish, update, and maintain current written purchasing regulations which implement the purposes, goals, and requirements of this chapter. The purchasing regulations shall be subject to review and approval as to form by the city attorney.

(b) The city manager may delegate, in writing, the duties and authority set forth in this chapter to other qualified city employees.

(c) The purchasing regulations shall, at a minimum, include:

(1) Standard procedures and guidelines for implementing all duties and authority of the city manager identified in this chapter, as well as implementing the purpose and goals of this chapter.

(2) Identification of any delegation of duties or authority from the city manager to other qualified city employees.

(3) Standard forms (and procedures for their use) for the acquisition of property and services, the construction of public projects, and the disposition of property, including bidding documents, requests for proposals, requests for qualifications, standard specifications, form contracts, insurance requirements, bonds, purchase orders, and amendments.

(4) Bidders lists of qualified contractors for various types of projects.

(5) Implementation of the city’s policy regarding the purchase of goods based on post-consumer content, reuse, and waste reduction attributes.

(6) Procedures by which the city may allow the use of electronic communications to satisfy any requirements set forth herein for writings, documents, mailings, or notices.

(d) A copy of the purchasing regulations shall be maintained on file in the office of the city clerk. (Ord. 2494 § 1, 12-3-02. 1990 Code § 2-9200.)

The city manager shall:

(a) Actively solicit names and information regarding potential contractors qualified to provide services, property, or the construction of public projects to the city; and establish, update, and maintain a current written bidders list of qualified contractors (according to categories of work) for various types of projects.

(b) Establish procedures to maximize coordination of purchases into a lesser number of large transactions in order to take advantage of cost savings for bulk purchases of commonly used goods or services, and in order to minimize unnecessary administrative time by eliminating repetitive purchasing of small transactions over time.

(c) Establish procedures to monitor each contractor’s compliance with contract requirements, including inspections and acceptance of complete performance. (Ord. 2494 § 1, 12-3-02. 1990 Code § 2-9201.)

(a) The city manager is authorized to take all steps necessary to prepare contract documents, prior to final signature, in accordance with the procedures set forth in this chapter, including: requesting proposals, inviting bids, applying for grants, and negotiating contract terms.

(b) The city manager is authorized to execute any contract on behalf of the city; provided, that the contract is: covered by sufficient unencumbered funds appropriated in the adopted budget, in writing, prepared in accordance with all other requirements of this chapter, approved as to form by the city attorney, and included within one of the following categories:

(1) City Council Delegation. Any contract which the city council has authorized the city manager to execute on behalf of the city pursuant to ordinance, resolution, or other action of the city council.

(2) Legislative Recess. Any contract which the city council has authorized the city manager to execute on behalf of the city during any legislative recess or break; provided, however, at the first city council meeting following the legislative recess or break, the city manager shall report to the city council the contracts which were actually executed.

(3) Services. Any contract for services in an amount of $100,000 or less. Contracts for services that are awarded by the city manager for an initial term of one year or less may be renewed by the city manager for additional one-year terms provided the contract amount, including any change orders or amendments, does not exceed $100,000 in any one year. It is expected that service contracts will be competitively solicited on a regular basis as appropriate (i.e., every three to five years).

(4) Personal Property Acquisition. Any contract for personal property acquisition in an amount of $100,000 or less.

(5) Personal Property Disposition. Any contract for personal property disposition in an amount of $100,000 or less.

(6) Real Property Acquisition. Any contract for real property acquisition or use in an amount of $100,000 or less, or for any acceptance of an offer of dedication, regardless of amount, as a condition of development of private property.

(7) Real Property Disposition (by Grant in Fee or Easement). Any contract for real property disposition, including any grant in fee or easement but excluding any lease, in an amount of $100,000 or less.

(8) Real Property Disposition (by Lease or Use Agreement). Any contract for real property disposition by lease (or use agreement) in an amount of $100,000 or less. The term of any such lease or use agreement shall not exceed 12 months; provided, however, the city manager may approve a lease term of up to three years if supported by a written determination of special circumstances which constrain alternate (nonlease) uses of the property during the extended term.

(9) Real Property Disposition (Conveyance to Public Utility or Public Agency). Any contract for real property disposition, regardless of amount, including any grant in fee or easement, and any lease or property use agreement, to a public utility or public agency necessary to provide services to or implement construction, operation or maintenance of a city facility or approved project. A project is approved when it has been included in an approved capital improvement plan or budget, funds are appropriated and a decision to proceed with the project has been made in accordance with the California Environmental Quality Act.

(10) Public Project Construction. Any contract for public project construction in an amount of $100,000 or less.

(11) Private Development Construction. Any contract for private development construction, with public improvements of an estimated cost of $100,000 or less, or as otherwise authorized by Title 17 (Subdivisions).

(12) Contracts Wholly Funded by Private Parties. Any contract for goods or services, regardless of amount, when funded wholly by a private (nongovernmental) party.

(13) Claim Settlement.

(A) Any contract in an amount of $50,000 or less for the settlement of a claim made against the city pursuant to Cal. Gov’t Code §§ 900 et seq.; provided, that the contract is also executed by the city attorney. (See Cal. Gov’t Code § 935.4.)

(B) Any contract in an amount of $100,000 or less for the settlement of administrative or judicial proceedings that do not involve claims made against the city pursuant to Cal. Gov’t Code §§ 900 et seq.; provided, that the contract is also executed by the city attorney.

(14) Utility Service or Work. Any contract for utility service or for work performed by a utility to provide utility services to or implement construction, operation or maintenance of a city facility or approved project, regardless of amount, consistent with any approved budget or appropriation of funds. A project is approved when it has been included in an approved capital improvement plan, or budget, funds are appropriated and a decision to proceed with the project has been made in accordance with the California Environmental Quality Act.

(15) Contract Amendments or Change Orders.

(A) City Manager Awarded Contracts. Any amendment or change order to an existing contract originally awarded or executed by the city manager, as long as the total contract amount, including all amendments or change orders, does not exceed the amount of $100,000. An annual contract renewal in accordance with subsection (b)(3) of this section shall not be subject to the limitations of this section.

(B) Council Awarded Contracts. Unless otherwise specifically delegated by the city council at the time of contract award, any amendment or change order to an existing contract originally awarded by the city council, as long as the total aggregate amount of amendments or change orders for the contract are in an amount of 20 percent or less of the original contract amount.

(16) Contract Assignments. The city manager may approve and sign assignments of contracts previously approved by the council when he or she has determined that the proposed assignee has the ability, capacity, experience and skill and is otherwise qualified to perform the contract.

(17) Emergencies. Any contract necessary to resolve an emergency pursuant to Section 3.20.290.

(18) Indemnity Agreements. With the concurrence of the risk manager and the city attorney, the city manager is authorized to execute indemnity agreements in either of the following circumstances:

(A) An indemnity agreement to allow the city to use the property of any public agency, private organization or person; provided, that the indemnity is limited to claims, losses, damages, or injuries arising directly from the city’s use of the property; or

(B) An indemnity agreement where the contract amount does not exceed $100,000.

(19) Purchase Orders Under a Price Contract. The city manager may make purchases of any amount under a price contract authorized pursuant to Section 3.20.105.

(20) Other Contracts. Any contract not specifically identified in this section for which the city’s commitments under the contract are in an amount of $100,000 or less. (Ord. 2494 § 1, 12-3-02; Ord. 8-2011 § 3, 7-12-11. 1990 Code § 2-9202.)

The city attorney is authorized to prepare and execute any legal services contract on behalf of the city for which sufficient unencumbered funds are appropriated in the adopted budget; provided, that the contract: is in writing, and meets the purpose and goals set forth in Section 3.20.030. Legal services contracts shall include, but not be limited to, contracts for the services of attorneys, experts and investigators. (Ord. 2494 § 1, 12-3-02; Ord. 8-2011 § 4, 7-12-11. 1990 Code § 2-9203.)