Richmond Municipal Code Art. I General Provisions

(a) The provisions of this chapter shall apply to all contracts funded by the City of Richmond for the procurement of goods and services, except that this chapter shall not apply to such contracts for the services of physicians or attorneys, or to leases, sales, or purchases of real property.

(b) Interpretation. This chapter shall be construed and applied to promote its underlying purposes and policies. The underlying purposes and policies of this chapter are:

(1) To simplify, clarify, and modernize the laws governing procurement by the City;

(2) To obtain in a cost-effective and responsive manner, the materials and services required by the City in order for the City to better serve its businesses and residents;

(3) To provide increased economy in City procurement activities and to maximize as fully as practical the purchasing value of public funds of the City;

(4) To ensure the fair and equitable treatment of all persons who deal with the procurement system of this City;

(5) To provide safeguards for maintaining a procurement system of quality and integrity;

(6) To provide for increased public confidence in the procedures followed in public procurement;

(7) To clearly define authority for procurement functions; and

(8) To foster effective, broad-based competition within the free enterprise system.

(c) Supplementary General Principles of Law. Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the Uniform Commercial Code of this State, and law relative to capacity to contract, agency, fraud, misrepresentations, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this chapter.

(d) Requirement of Good Faith. This chapter requires all parties involved in the negotiation, performance, or administration of City contracts to act in good faith.

(e) Effective Date. This chapter shall become effective immediately upon adoption by the City Council. No regulation shall change any commitment, right, or obligation of the City or of a contractor under a contract in existence on the effective date of such regulation.

(f) Public Access to Procurement Information. Procurement information shall be a public record to the extent provided in the California Public Records Act, Government Code Section 6250, et seq., and shall be available to the public as provided in such statute.

(g) Determinations. Written determinations required by this chapter shall be retained in the appropriate official contract file of the Finance Director or the Procurement Services Division.

(h) Definitions. The words defined in this section shall have the meanings set forth below whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning; or, a different definition is prescribed for a particular section or provision.

(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

(2) "Change order" means a written order signed by the City Manager, directing the contractor to make changes that the changes clause of the contract authorizes the City Manager to order without the consent of the contractor.

(3) "City" means any department, commission, council, board, bureau, committee, institution, legislative body, agency, government corporation, or other establishment or official, officers, agents, and employees of the City of Richmond.

(4) "Construction (or public works)" means the process of building, altering, repairing, improving, or demolishing any public building, or other public improvement of any kind to real property. It includes the routine operation or routine maintenance of any existing public infrastructure facility, including structures, buildings, or real property.

(5) "Contract" means all types of City contracts or agreements, regardless of what they may be called, for the procurement or disposal of supplies and services.

(6) "Contract modification" means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.

(7) "Contractor" means any person having a contract with a governmental body.

(8) "Data" means recorded information, regardless of form or characteristic.

(9) "Designee" means a duly authorized representative of a person holding a superior position.

(10) "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other similar technology.

(11) "Electronic procurement" means the use of computer technology and the Internet for the advertising and submission of public bids, providing notice of revisions or addenda to advertisements or bid documents, the receipt of proposals and quotations, competitive contracting, the use of reserve auctions, and related practices to assist in determining the lowest responsible bidder or proposer who is most advantageous, price and other actors considered, as appropriate, for goods and services, the sale of personal property, and other public procurement-related activities and services as may be determined appropriate by the Finance Director.

(12) "Employee" means an individual drawing a salary from the City, whether elected or not, and any non-compensated individual performing personal services for the City.

(13) "Finance Director" means the Finance Director of the City of Richmond.

(14) "Grant" means the furnishing of funds by an outside agency or other organization to support a program authorized by law.

(15) "Master development project" means a project being undertaken by the City for development on City-owned property consisting of multiple public buildings or facilities, to be constructed, rehabilitated, remodeled or refurbished over a period of time for which the City Council has determined it is in the best interests of the City to contract with a Contractor pursuant to Section 2.52.335. A master development project may include portions of City-owned property which will be sold or leased to the Contractor for private purposes; provided that the development of such properties is part of an integrated plan for the overall project and the City will apply the proceeds of such sale or lease to defray the costs of the public portion of the master development project.

(16) "May" denotes the permissive.

(17) "Person" means any business, individual, union, committee, club, other organization, or group of individuals.

(18) "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring any supplies or services. It also includes all functions that pertain to the obtaining of any supply or service, including descriptions of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

(19) "Procurement Services Division" means the governmental body that is authorized by this chapter and its implementing regulations, or by way of delegation from the City Council or City Manager as the central procurement office authorized to procure materials and services for the City.

(20) "Public notice" means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods shall often include, but are not limited to, publication in newspapers of general circulation, posting in public places, electronic or paper notices to prospective bidders, and posting on web pages designated by the City for that purpose.

(21) "Regulation" means a governmental body's statement, having general or particular applicability and future effect, designed to implement, interpret, or prescribe law or policy, or describing organization, procedure, or practice requirements, which has been promulgated in accordance with the Charter or Municipal Code of the City of Richmond.

(22) "Service" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific product other than reports. This term shall not include employment agreements or collective bargaining agreements.

(23) "Shall" denotes the imperative.

(24) "Signature" shall be as defined in Government Code Section 16.5.

(25) "Supply" means all property, including but not limited to, equipment, materials, vehicles, printing, insurance, and leases of personal property, excluding land or a permanent interest in land.

(26) "Using department" means any governmental body of the City of Richmond that utilizes any supplies or services procured under this chapter.

(27) "Writing" or "in writing" means the product of any method of forming characters on paper, or other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.

(28) Authorization for the Use of Electronic Transmissions. The use of electronic media, including acceptance of electronic signatures, is authorized consistent with California's applicable statutory, regulatory, or other guidance for use of such media, so long as such guidance provides for:

(i) Appropriate security to prevent unauthorized access to the bidding, approval, and award processes; and

(ii) Accurate retrieval or conversion of electronic forms of such information into a medium that permits inspection and copying.

(Amended by Ordinance No. 54-06 N.S.; Ord. No. 14-20 N.S., § I, 6-30-2020)