San Ramon Municipal Code Ch. I Contract Authority

Contents:

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Term contract, for the purpose of this division, shall include:

1. Contacts for consultant or personnel services whose object or purpose is related to the responsibilities, activities or functions of the city;
2. Contracts for "public projects" as defined in Section 20161 of the Public Contract Code;
3. Contracts for the purchase of supplies, materials and equipment;
4. Contracts for general services;
5. Leases of real property; and
6. Contracts with other government agencies. General services, for purposes of this division shall mean:
7. Any work performed or services rendered by an independent contractor, with or without the furnishing of materials to do the following: a. Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including but not limited to unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, elevator maintenance, custodial services and pest control. b. Repair, modification, and maintenance of City equipment and software; c. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city materials, supplies and equipment; d. Replanting, care, or maintenance of public grounds, including but not limited to trees, shrubbery, flowers, lawns; e. Provide temporary personnel services; or f. Provide other miscellaneous services to facilitate city operations; and g. Perform repair, demolition or other work required to abate nuisances pursuant to this code.
8. Licensing software.
9. Leasing or rental of personal property for use by the city.
10. Other government agencies where budgets or payments are previously authorized by adoption of the annual fiscal budget. (Ord. No. 479, § 1, 7-10-2018)

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A. The city manager is hereby authorized to enter into and execute for and on behalf of the city of San Ramon, without the prior approval of the city council, any contract, other than for the provision of auditing and legal services. 1. Which is not required by any applicable law to be let to the lowest responsible bidder; and 2. Which provides for payment of money by the city; and 3. Which contains a maximum compensation figure of one hundred thousand dollars or less; and 4. For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract. B. In addition to the provisions set forth in subsection (A) above, the city manager is hereby authorized to enter into and execute, for and on behalf of the city of San Ramon, the following contracts: 1. Contracts with public agencies or public utility companies regarding construction or use of public improvements or utility facilities, which require no payment of money by the City or which provide for payment of money to the city in an amount not in excess of one hundred thousand dollars under each contract; and 2. Contracts for community social or recreational services, or for the use of city property or facilities, in accordance with established administrative guidelines, which require no payment of money by the city or which provide for payment of money in an amount not in excess of one hundred thousand dollars under each contract; and 3. Right of entry agreements; and 4. Emergency purchases of supplies, materials or equipment are authorized in an emergency endangering the lives, property or welfare of the people of the city or the property of the city.

For purposes of meeting such emergency, the city manager may authorize the expenditure
of any unencumbered moneys in the emergency reserve fund, notwithstanding the fact that
such moneys may not have been appropriated for such purpose, to the extent that other
moneys have not been appropriated or are otherwise unavailable therefore. The city
manager shall notify the city council of any expenditure under this provision.
a. Conditions Enabling the Activation of this Section: In a proclaimed disaster or
emergency when there is an immediate threat to health, safety or improved property
the city's normal purchasing procedures shall be modified to deal with the exigent
circumstances while still maintaining an effective purchasing process and complying
with applicable local and State purchasing laws.
b. Delegation of Purchasing Authority to the City Manager: When conditions exist, all
authority vested in the city council regarding purchasing are delegated by the
ordinance, to the city manager when the city council cannot be assembled in a timely
manner and the exigent circumstances require the immediate rental or purchase of
equipment, supplies, services or other items necessary to respond to an immediate
threat to health, safety or improved property, or any condition beyond the control of
the city.
c. Delegation of Purchasing Authority to Department Heads: If, at the time of the
emergency, the city manager is not available department heads may order immediately
the needed commodity or service(s) from the nearest available source. As soon as
possible thereafter, the department head shall submit to the contract administrator a
requisition and a notation that the commodity has been ordered on an emergency basis
from the vendor designated. The contract administrator shall prepare a purchase order

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in accordance with this section. The contract administrator will inform the city manager of all items purchased that have a contract amount greater than thirty-five thousand dollars. d. Limits of Single Purchase Authority: When conditions exist, as described in 4(a) above, the city manager (EOC director) has the authority to make individual purchases up to one million dollars. The city manager shall have the authority to make purchases in excess of one million dollars up to a maximum of five million dollars when countersigned by the mayor or in the mayor's absence countersigned by another councilmember. e. Limits of Aggregate Purchase Authority: When conditions exist, as described in 4(a) above, the city manager (EOC director) shall have the authority to make aggregate purchases up to three million dollars. The city manager shall have the authority to make purchases in excess of three million dollars, up to a maximum of ten million dollars when countersigned by the mayor or in the mayor's absence countersigned by another councilmember. f. Exempt Purchases: When conditions exist, as described in 4(a) above, purchases below one million dollars shall not be required to be formally bid. Purchases greater than one million dollars may be made by following the procedures specified in this section. The signature(s) of the city manager, contract administrator and/or department head are still required as provided for in this section. g. Provision for Alternate Bid Solicitation Procedures: When conditions exist, as described in 4(a) above, the City's normal requirements for sealed bids shall be changed to allow telephonic or other electronic bid solicitation from potential vendors or suppliers, in lieu of written and/or sealed bids. h. Locations of Postings for Requests for Proposals for Solicitation of Bids: When conditions exist, as described in 4(a) above, notices soliciting bids or request for proposals shall be posted at the emergency operations center or alternate emergency operations center, if the primary emergency operations center is not being used. i. Length of time for Posting Requests for Proposals or Solicitation of Bids: When exigent conditions exist, as described in 4(a) above, the normal requirement for public posting of requests for proposals or solicitation of bids shall be waived. When emergency or disaster conditions exist, that do not constitute an immediate threat, deemed by the city manager (EOC director) to be a potentially serious public threat, the normal bid period of thirty (30) days shall be shortened to twelve hours to expedite the award of contracts for emergency equipment, goods or services. j. Justification of Sole Source or No-Bid Contracts: When conditions exist, as described in 4(a) above, and the rental or purchase of equipment, goods or services are made by a "sole source" or "no-bid" purchase and exceed the limits in set in 4(f) above; the use of the "Justification Form for Emergency Sole Source or No-Bid Purchase" shall be used. Such "sole source" or "no-bid" acquisitions shall be necessary for one of the following reasons: placement of emergency protective measures, procurement of scarce commodities, goods, or services, emergency road clearance or other emergency requirements. k. Number of Bids Required: When conditions exist, as described in 4(a) above, solicited bids that are nonresponsive shall count towards the minimum numbers of bids required when there is a declared emergency or disaster in the city. l. Local Agency Administrative Process: When conditions exist, as described in 4(a) above, requiring the immediate procurement of supplies, equipment or services, the using department or division shall immediately deliver a requisition to the contract

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administrator who will obtain the city manager's (EOC Director) approval prior to purchase if the amount is thirty-five thousand dollars or more. If the city manager (EOC director) is unavailable, and the delay in getting his/her signature would imperil life, safety or improved property, the contract administrator may approve the emergency purchase of up to two hundred thousand dollars. The contract administrator shall have the authority to approve all disaster related purchases under thirty-five thousand dollars. The contract administrator will expedite the verification of funds available and complete the preparation of the purchase order. m. Posting of Contract Awards: Under this section, all contracts awarded, that exceed one million dollars ($1,000,000) shall be presented to the city council for ratification and thereafter, shall publicly be posted within sixty days of the award. n. Authority to Cancel Emergency Procurements: As a provision of this Section A7-2 4(a), the City has the absolute authority to rescind a contract for non-performance within twenty-four (24) hours when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or non- performance presents an immediate threat to life, safety or improved property. o. Notification Requirement for Emergency Purchases: For any purchase in excess of one hundred fifty thousand dollars), the city manager shall report all such purchases to the city council within thirty days of the onset of the disaster. p. Requirement for Separate Invoicing: All purchases or rentals made during proclaimed emergency or disaster conditions shall require separate invoicing from routine (non- disaster related) purchases. All invoices shall state the goods, services or equipment provided and shall specify where the goods or services were delivered. q. Auditing of Invoices for Debris Clearance Prior to Payment: All invoices for debris clearance and removal shall be audited by the city prior to payment to the vendor. Vendors shall be notified of this requirement prior to the awarding of any contract for debris clearance and/or removal. r. Limitations of Disaster Purchasing Policy: For the purposes of this Section A7-2 4(a), an emergency or disaster shall be deemed to exist when a condition exists that presents an immediate threat to health, safety or improved property and a local emergency or disaster has been proclaimed. Any purchase that does not meet the standard of being necessary for responding to an immediate threat to health, safety or improved property shall follow the city's regular purchasing provisions. (Ord. No. 479, § 1, 7-10-2018)

The city attorney is hereby authorized to enter into and execute for and on behalf of the city of San Ramon, without the prior approval of the city council, any contract: A. The object or purpose of which is related to the activities or functions of the office of city attorney; and B. Which is not required by any applicable law to be let to the lowest responsible bidder; and C. Which provides for payment of money by the city; and D. Which contains a maximum compensation figure of fifty thousand dollars or less; and E. For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract. (Ord. No. 479, § 1, 7-10-2018)

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The city manager shall insure that a city purchasing policy is developed which establishes efficient procedures for the purchase of or contracting for supplies, services and equipment at the lowest possible cost. Such policy shall be reviewed and updated annually, and will describe the city managers delegation of purchasing authority to city department directors. (Ord. No. 479, § 1, 7-10-2018)

City department directors are authorized to execute contracts for construction projects and services, or purchase orders for the purchase of supplies, materials and equipment, for which moneys have been appropriated and for which there is an unexpended or unencumbered balance of such appropriation sufficient to pay the expense of the procurement. A formal city purchasing policy shall describe the contract authority of city department directors. The city manager will be permitted to delegate purchasing authority to department directors as necessary to provide for efficient operation of the city. (Ord. No. 479, § 1, 7-10-2018)

Exemption from Public Contracts Code. A. Contracts in excess of five hundred thousand dollars for "Public Contracts" will be subject to the bidding requirements as defined in the Public Contract Code. "Public Contracts" less than five hundred thousand dollars are not subject to the bidding requirements as defined in the Public Contract Code. B. Design-build public works contracts may be negotiated and awarded on such terms and conditions as the city council deems appropriate in the exercise of its authority as a charter city. C. All public works contracts shall require compliance with the prevailing wage provisions of Part 7, Chapter 1, Article 2 of the Labor Code. D. In the City Manager or designee’s sole discretion, the Public Works Department may reject all bids presented and re-advertise. If two or more bids are the same and the lowest, the city may award the Project to either of the lowest bids, at the City Manager or designee’s sole discretion. If no bids are received, the project may be performed by the employees of the city by force account, or by negotiated contract without further complying with this section. (Ord. No. 479, § 1, 7-10-2018; Ord. No. 500, § 1, 04/28/2020)

Effective on: 5/28/2020

A7-7 through A7-15. - Reserved.