Ventura Municipal Code § 4.600.260 Records and reports

16 Editor’s note(s): Ord. No. 2012-012, adopted April 23, 2012, amended Chapter 4.600 in its entirety to read as herein set out. Former Chapter 4.600 pertained to the same subject matter and derived from Ord. No. 2009-030, adopted December 7, 2009.

Cross reference(s) – Additional emergency contracting authority is located in the City Charter, Article X, Section 1006.

A. To assure continuity and uniformity in the city’s purchasing practices as they relate to purchase agreements with the use of public funds.

B. To establish a uniform policy statement on centralized purchasing pursuant to City Charter Article X, Section 1000, and on general contracting practices.

C. To delegate to the city manager the authority to bind the city as provided in this chapter for all purchase contracts, including, but not limited to, the acquisition of equipment, materials, supplies, labor, services, or other items, and to impose a monetary limit on such authority pursuant to City Charter Article VII, Section 707.

D. To provide for increased public confidence and transparency in city and contracting practices.

E. To ensure the fair and equitable treatment of all persons who deal with the city and contracting systems.

F. To provide increased economy in city procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the city. (Ord. No. 2012-012, § 1, 4-23-12)

The city manager shall promulgate written administrative policies and procedures pursuant to Section 2.315.030 to implement the requirements of this chapter. Administrative policies and procedures associated with centralized purchasing may be consolidated into a procurement manual, which shall be available to the public, and shall establish and describe in detail the contract solicitation and award procedures and requirements that must be followed in making centralized purchases on behalf of the city. Additional administrative policies and procedures shall include, among other things, control procedures established under the authority of this chapter. (Ord. No. 2012-012, § 1, 4-23-12)

The council hereby establishes a centralized purchasing system, pursuant to City Charter Article X, Section 1000, for all purchases of goods or nonprofessional services of $5,000 or more. The city manager shall promulgate administrative policies and procedures to establish a centralized purchasing system implementing this policy statement. (Ord. No. 2012-012, § 1, 4-23-12)

The council may from time to time adopt by resolution policies related to contract solicitation and award procedures and requirements. The policies may include, but shall not be limited to, policies addressing local boycotts, protest procedures, and price preferences for use of recycled or sustainable goods and for local businesses. The policies shall not conflict with, but may be in addition to, any provisions of this chapter. All council policies shall be considered and implemented in purchasing and in the solicitation and award of contracts. (Ord. No. 2012-012, § 1, 4-23-12)

A. The city attorney shall approve as to form all contracts, purchase orders, documents, and other agreements. The city attorney’s approval as to form may be performed on a general basis for standardized form contracts or on an individual basis, including vendor or contractor standardized form contracts. No city office or department other than the city attorney or chief financial officer, with the city attorney’s advice, is authorized to create, modify, or approve for use standardized form contracts.

B. Each contract, purchase order, document, or other agreement that is subject to individual review and approval shall be signed by the city attorney to signify that it is approved as to form. A standardized form contract that has been approved by the city attorney for general use may be used without further approval or signature by the city attorney so long as the form is not modified.

C. The chief financial officer, in consultation with the city attorney, shall be responsible for development of a control system for the creation and use of standard form contracts, purchase orders, documents, and other agreements to be included in the administrative policies and procedures, and these standard forms shall be reviewed and updated on a regular basis. (Ord. No. 2012-012, § 1, 4-23-12)

Editor’s note(s): Section 15 of Ord. No. 2022-002, adopted March 21, 2022, repealed Section 4.600.060, which pertained to interpretive authority, and derived from Ord. No. 2012-012, adopted April 23, 2012.

A. The city shall not be and is not bound by any contract, purchase order, document, or any other agreement unless it is in a writing which is both:

1. Approved by the council and signed by the mayor or other duly authorized officer or employee on behalf of the city as provided in this chapter; and

2. Approved as to form by the city attorney as provided in Section 2.320.020. Any contract, purchase order, document, or any other agreement which is not approved as to form shall be considered null and void.

B. The foregoing requirements shall not apply to authorized purchases made with a city credit card. (Ord. No. 2012-012, § 1, 4-23-12)

A. For purposes of this chapter, “public works project” means any of the following when paid for in whole or in part with public funds:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any city-owned, city-leased, or city-operated facility.

2. Painting or repairing of any city-owned, city-leased, or city-operated facility.

B. For purposes of this chapter, “public works project” does not include maintenance work. For purposes of this chapter, “maintenance work” includes any and all of the following:

1. Routine, recurring, and usual work for the preservation or protection of any city-owned, city-leased, or city-operated facility for its intended purpose.

2. Minor repainting.

3. Resurfacing of streets, alleys, and parking lots up to and including one inch.

4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

5. Work performed to keep, operate, and maintain city-owned water and waste disposal systems.

C. For purposes of this chapter, “facility” means any plant, building, structure, ground facility, utility system, real property, streets, alleys, and parking lots, and other public work improvement.

D. The definition of “public works project” in this section and as used in this chapter shall have no applicability to the definition of that same term and as that term is used in Chapter 4.601. (Ord. No. 2012-012, § 1, 4-23-12; Ord. No. 2021-007, § 1, 4-12-21)

A contract for goods is a contract for the acquisition of materials and supplies, including, but not limited to, office supplies, janitorial supplies, furnishings, machinery, tools, vehicles, computer hardware and other personal property, materials or goods. A contract for goods includes blanket purchase order contracts where no particular quantity of units to be purchased is established at the time the contracts are executed and which set forth pricing terms for the items to be purchased. A blanket purchase order contract must establish a maximum dollar amount for the contract and set forth pricing terms for the items to be purchased. A contract for goods may include labor incidental to the purchase of goods, such as set-up, installation, and testing. (Ord. No. 2012-012, § 1, 4-23-12)

A nonprofessional services contract is a contract, with or without the furnishing of supplies or equipment, for work, labor or services including, but not limited to:

A. Maintenance of public buildings, streets, parks and playgrounds and other public improvements;

B. Repair, modification and maintenance of equipment;

C. Licensing, installation and maintenance of computer software;

D. Janitorial services, uniform cleaning, tree trimming, street sweeping, power washing and landscape maintenance;

E. Leasing of personal property for use by the city; and

F. Temporary employment or payroll service contracts. (Ord. No. 2012-012, § 1, 4-23-12)

A professional services contract is a contract for services provided to the city by independent consultants, who meet the definition of an independent contractor as defined by the Internal Revenue Service, or by consulting firms that offer such services, that are predominately intellectual and varied in character as opposed to manual or routine in nature, require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning, and entail the exercise of a wide degree of discretion and judgment when performing the services. Examples of professional services often contracted by the city include the services performed by lawyers, engineers, architects, certified public accountants, information technology experts, and land use planners. On the other hand, examples of services often contracted by the city that are not professional services include janitorial services, landscape maintenance services, painters, and/or laborers, as well as secretarial and general administrative services. (Ord. No. 2012-012, § 1, 4-23-12)

A. A job order contract is a construction contract for minor or recurring construction tasks; including repair, remodeling, or other repetitive work; with a firm, fixed price, and indefinite quantity awarded on a unit price basis for all necessary labor, materials, and equipment. A job order contract may not be awarded for any new construction.

B. Job Order Procurement.

1. Job order contracts are subject to Section 4.600.230.

2. The advertisement for bids and specifications shall contain a maximum dollar amount of the job order contract not to exceed $3,000,000. Any cumulative change orders to a job order contract shall not result in a contract exceeding $3,000,000. This maximum amount is adjusted annually to reflect the percentage change in the California Consumer Price Index.

C. Issuance of Task Orders.

1. A task order is an authorization to perform construction work under a job order contract.

2. Each task order shall include a detailed scope of work and time certain for completion of work. The task order price shall be no more than the sum of the applicable line items using the unit prices in the contract modified by the bid adjustment factor.

3. The city manager, or their designee, shall have authority to issue task orders not to exceed the dollar amount specified in Section 4.600.120(A). (Ord. No. 2021-002, § 1, 1-11-21)

A. The city manager, or their designee pursuant to Section 4.600.180, shall have authority to approve and execute contracts for the acquisition of equipment, materials, supplies, labor, nonprofessional services, public works projects, or other items in an amount not to exceed $300,000.

B. The city manager, or their designee pursuant to Section 4.600.180, shall have authority to approve and execute contracts for professional services in an amount not to exceed $60,000.

C. The city manager, or their designee pursuant to Section 4.600.180, shall have authority to approve and execute contracts for the sale or exchange of surplus city personal property, regardless of the value of the property.

D. The city manager, or their designee pursuant to Section 4.600.180, or the manager of any public utility owned, controlled, or operated by the city shall have the authority to approve and execute contracts for the sale of products, commodities, or services of any public utility owned, controlled, or operated by the city upon forms approved by the city manager and at rates fixed by the city council.

E. The sums set forth above shall be adjusted annually by the chief financial officer, in consultation with the director of public works, by memorandum to their official file, beginning in January 2021, in accordance with the Engineering Construction Cost Index – U.S. City Average as published by the Engineering News-Record. In the event this Cost Index is no longer available, the chief financial officer, in consultation with the director of public works, shall use a similar index that is standard in the industry to account for inflation in any adjustment. (Ord. No. 2012-012, § 1, 4-23-12; Ord. No. 2021-007, § 2, 4-12-21; Ord. No. 2022-002, § 16, 3-21-22)

Cross reference(s): Additional emergency contracting authority is located in the City Charter, Article X, Section 1006.

A. The city attorney shall have authority to approve and execute contracts for legal services and litigation support services in an amount not to exceed $60,000.

B. The city attorney shall have authority to approve payment for the following litigation support services in an amount not to exceed $60,000 collectively per matter:

1. Registered process servers, copy services, investigators, and court reporters;

2. Experts and medical examinations;

3. Mediators and arbitrators;

4. Expert deposition fees and costs; and

5. Jury fees, witness fees, exhibits and trial technology costs.

C. Whenever the delegated contractual authority for the city manager to execute and approve professional services as set forth in Section 4.600.120(B) is increased pursuant to Section 4.600.120(E), the same adjustment shall be made to the city attorney’s authority to execute and approve professional services for legal services and related costs and expenses to ensure consistency in the application of delegations and to reduce error in the administration of the city’s purchasing and contracting affairs. (Ord. No. 2012-012, § 1, 4-23-12; Ord. No. 2021-007, § 2, 4-12-21)

A. The council shall have the sole authority to approve, and the mayor or the council’s designee shall execute, contracts for the acquisition of equipment, materials, supplies, labor, nonprofessional services, public works contracts, job order contracts, or other items when the amount exceeds the city manager contracting authority limit and adjusted limit as set forth in Section 4.600.120.

B. The council shall have the sole authority to approve, and the mayor or council’s designee shall execute, contracts for professional services over the city manager contracting limit and adjusted limit set forth in Section 4.600.120.

C. The council shall have the sole authority to approve, and the mayor or council’s designee shall execute, contracts for the sale or lease of city-owned real property, regardless of the amount of the contract, and five affirmative votes of the council shall be required.

D. Pursuant to City Charter Article VII, Section 703, the deputy mayor shall act as mayor in the absence or disability of the mayor. (Ord. No. 2012-012, § 1, 4-23-12; Ord. No. 2021-002, § 2, 1-11-21; Ord. No. 2023-003, § 1, 7-10-23)

Department directors, and employees authorized in writing by them, may award and sign contracts for goods or nonprofessional services in an amount less than $5,000 and with a term of one year or less. All such purchases shall be in accordance with the contract procedures and requirements contained in the administrative policies and procedures. All department director written authorizations shall be kept on file in the office of the chief financial officer. These controls may be implemented through electronic data systems. (Ord. No. 2012-012, § 1, 4-23-12)

Employees authorized in writing by their department head may make purchases using petty cash or a city credit card. All such purchases shall be in accordance with the contract procedures and requirements contained in the administrative policies and procedures. All department head written authorizations shall be kept on file in the office of the chief financial officer. (Ord. No. 2012-012, § 1, 4-23-12)

Contracts with a term exceeding one year shall not be approved by any person with contracting authority under this chapter nor by council, unless the total amount due and payable by the city over the life of the contract is appropriated at the time the city assumes the obligation to pay, or the total amount due and payable during the first full or partial fiscal year of a multifiscal year contract is appropriated and the contract is expressly made subject to appropriation by the council of amounts to become due and payable in subsequent fiscal years. The requirements of this section do not apply to contracts not subject to the debt limit requirements of Article XVI, Section 18 of the California Constitution as determined by the city attorney. (Ord. No. 2012-012, § 1, 4-23-12)

A. The city manager may delegate in writing any authority to contract granted to the city manager by this chapter to the assistant city manager, chief financial officer, or to any department director. If the assistant city manager, chief financial officer, or department director, as applicable, is unable to exercise the authority delegated to them due to legal or physical incapacity, constraint, or unavailability, the city manager may, with the prior concurrence of the city attorney, delegate authority in writing to another city official or employee.

B. The chief financial officer shall be immediately apprised of any delegations of authority and shall keep a record of current delegations. (Ord. No. 2012-012, § 1, 4-23-12)

A. Each person with contracting authority under this chapter may authorize and sign amendments or change orders to contracts they have awarded under the authority granted in this chapter subject to the following:

1. All modifications to contracts, including, but not limited to, changes to the scope of work, quantity of goods, price, or term shall be made in writing and accomplished in accordance with the terms of the original contract; and

2. The amendment or change orders to a contract shall not cause the contract as modified to exceed the aggregate monetary or term limits of that person’s authority as defined in this chapter.

B. Each person with authority granted under this chapter to award and sign a contract also has the authority to terminate the contract in accordance with the contract terms and conditions. (Ord. No. 2012-012, § 1, 4-23-12)

A. The council, at the time it awards a contract or authorizes a city official or employee to award a contract, may also authorize the city official or employee to execute an amendment or change order to a contract in an amount exceeding the monetary and/or term limits of the official’s or employee’s aggregate contract authority set forth in this chapter. Amendments or change orders made under authority granted by the council shall be in writing, accomplished in accordance with the terms of the original contract, and shall not cause the contract as modified to exceed the aggregate limits of the authority granted by the council.

B. The city manager or their designee is authorized to enter into and execute for and on behalf of the city, without the prior approval of the council, any amendment or change order to a contract previously approved by the council that does not increase the compensation for the contract to accomplish the following:

1. To extend the term of the contract for a period not to exceed six consecutive months from the last council-approved expiration date; or

2. To make minor revisions to the scope of services or schedule; or

3. To make clerical corrections; or

4. To issue task orders for any job order contract.

5. In addition, the city manager may approve and sign assignments of contracts previously approved by the council when they have determined that the proposed assignee has the ability, capacity, experience, and skill and is otherwise qualified to perform the contract. (Ord. No. 2012-012, § 1, 4-23-12; Ord. No. 2021-002, § 3, 1-11-21)

A. This chapter does not authorize a city officer or employee to award or sign any contract which such officer or employee is otherwise prohibited from awarding or signing under the provisions of the City Charter, this municipal code, or any other applicable law, or by any ordinance, resolution, minute order, or other official action of the council.

B. Nothing in this chapter shall limit any authority conferred by the council through a resolution delegating authority to a city officer or employee to negotiate and execute contracts on the council’s behalf without the further approval of the council. (Ord. No. 2012-012, § 1, 4-23-12)

No city contractor shall discriminate in the employment of any person based on any category listed in the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of state or federal law or executive order. Any contractor who is found in violation of the nondiscrimination provisions provided by law in the performance of any contract with the city shall be found in material breach of such contract and thereupon the city shall have the power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $25.00 for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this section. (Ord. No. 2012-012, § 1, 4-23-12)

A. In the performance of work meeting the definition of a public works project as specified in Section 4.600.080, and in furnishing any supplies or materials for the same, when the expenditures required therefor exceed the sum then set forth as the contracting authority limit of the city manager for public works contracts as specified in Section 4.600.120, the same shall be done by contract in accordance with City Charter Article X, Section 1006.

B. In the event the expenditure is less than or equal to said sum identified in Section 4.600.120(A), but more than $60,000, the city manager may obtain informal bids from qualified contractors and award the contract to the lowest responsible bidder. The city manager shall establish administrative policies and procedures for award of public works projects by formal and informal bid. In lieu of using the informal bidding process outlined above, the city manager shall also have the option of using the formal bidding process when they determine it to be appropriate.

C. In the event the expenditure is less than or equal to $60,000, the work (including maintenance as defined above) may be performed by the employees of the city by force account, by informal bids from qualified contractors pursuant to subsection B of this section, by negotiated contract, or by purchase order. Notwithstanding the above, water meter installations, fire line installations, connections to the city’s water system, and backflow prevention installations, regardless of the amount involved; and pavement resurfacing projects up to 1,000 tons of asphalt, may be performed by employees of the city by force account without putting such work out to bid.

D. The sums set forth above shall be adjusted annually by the chief financial officer, in consultation with the director of public works, by memorandum to their official file, beginning in January 2021, in accordance with the Engineering Construction Cost Index – U.S. City Average as published by the Engineering News-Record. In the event this Cost Index is no longer available, the chief financial officer, in consultation with the director of public works, shall use a similar index that is standard in the industry to account for inflation in any adjustment. (Ord. No. 2012-012, § 1, 4-23-12; Ord. No. 2021-007, § 3, 4-12-21; Ord. No. 2022-002, § 17, 3-21-22)

A. Pursuant to City Charter Article VI, Section 603, and the laws of the state of California, as they exist or hereafter may be amended, relating to conflict of interest and financial interest of city officers, appointees, or employees, are hereby adopted by reference and shall apply to the city, its officers and employees. The penalty for violation of this section shall be as prescribed by state law and shall also work the forfeiture of office or employment on order of the council or court of competent jurisdiction.

B. Pursuant to City Charter Article VII, Section 709, no individual member of the council shall, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the city manager or any of their subordinates in the purchase of supplies; provided however, that the above shall not be construed as prohibiting the council, while in session, discussing with or suggesting to the city manager, fully and freely, anything pertaining to the aforementioned matters. Any violation of this section may work a forfeiture of the office of the offending member of the council, who may be removed therefrom by the council or by any court of competent jurisdiction. (Ord. No. 2012-012, § 1, 4-23-12)

It is unlawful to split or separate into smaller portions, work orders, projects, purchases, contracts, or public works projects for the purpose of evading the competitive solicitation requirements or contract authority limitations of this chapter, including the splitting of work or services between or among departments or divisions or other organizational units of the city. (Ord. No. 2012-012, § 1, 4-23-12)

A. The chief financial officer or delegated department directors, as applicable, shall maintain records (in hard copy or electronic format) for each contract, purchase order, document or other agreement awarded or entered into by the city, which shall include, at a minimum, the request from the department; the bid or proposal documents received for the contract, if any; all bids or proposals received; the basis on which the contract award was made; and a copy of any and all contracts awarded. The chief financial officer or delegated department directors, as applicable, shall maintain written records of their determination to cancel solicitations and of an awarding authority’s decision to reject bids or proposals. These records shall be maintained for a period of time in compliance with state law and the city’s records retention schedule and shall be available for public inspection during normal city business hours.

B. Bids shall be available for public inspection following the date and time set for receipt of bids. Proposals shall be available for public inspection following public announcement of the selection of a proposer for award of a contract. This section shall not be construed to require disclosure of records not otherwise required by law to be disclosed. (Ord. No. 2012-012, § 1, 4-23-12)