CHAPTER 4.06 PURCHASING GOODS AND SERVICES; DISPOSITION OF SURPLUS SUPPLIES AND EQUIPMENT1
Sec. 4.06.010. Adoption of purchasing system; purpose and applicability.
A centralized purchasing system is hereby adopted for the following purposes:
(a) In order tTo establish efficient proceduresefficient procedures for the purchase of goods and servicessupplies, equipment, public projects, labor and services (goods and services) required by the City to secure for the city goods and services at the lowest possible cost commensurate with quality needed ;, (b) Tto exercise positive responsible financial control over purchases;, t (c) To clearly define authority for the purchasing function through the use of purchase orders, contracts and other authorized procedures,;
(d) To establish the necessary procedures for the selection of vendors of all ranges of goods and services so as to avoid favor or prejudice;
(e) To provide for identification of capital asssetsassets acquired for the City; and (f) To establish policy and procedures for the disposition of surplus goods . and to assure the quality of purchases, tThe purchasing system set forth in this chapter is adopted for the City of Eastvale. This chapter does not apply to public works construction contracts, which are subject to compliance with the Local Agency Public Construction Act (Public Contract Code section 20100 et seq.). This chapter does not apply to contracts that do not involve the payment of public money to a third party in exchange for goods or services, including but not limited to franchise agreements and agreements related to the acquisition or disposition of rights to real property. (Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.020. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Blanket purchase order means a purchase order establishing specifications, price and delivery terms for purchases of goods in the amount of $24,999.99 or less. The blanket purchase order shall be established for a period not to exceed twelve months so that budgeted goods may be purchased on account.
Contract means a mutually agreed upon, legally binding agreement between the city and the vendor, contractor, or consultant.
1Editor's note(s)—Ord. No. 19-06, § 1(Exh. A), adopted July 10, 2019, amended ch. 4.06 in its entirety to read as herein set out. Former ch. 4.06, §§ 4.06.010—4.06.110, pertained to purchasing; professional services; disposition of surplus supplies and equipment and derived from Ord. No. 2010-11, § 1, 1-12-2011; Ord. No. 2018-06, § 1, 6-27-2018.
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Department head means the person who is designated by the city manager as being responsible for each particular city department, including, but not limited to, city manager, city clerk, finance, planning, community services, law enforcement services, fire protection services, and engineering/public works.
Economy and efficiency refers to cases where, in the case of sound judgment, the need for goods or services is best met by methods which do not comply with the strict procedures of this division, due to time constraints, economy of scale or other considerations private participation in a public project.
Emergencies:
Emergency means a condition of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestations or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy. This type of emergency may be declared by the President or Governor or may have been proclaimed as a State of Emergency for an area that includes the geographic territory of the city; or a local emergency has been proclaimed and is currently in effect.
Local Emergency or public exigency means a public disaster; an immediate need to prepare for national or local defense; a breakdown of machinery or the loss of ability to perform an essential service immediately affecting public health, safety, or welfare; and p urchase of materials, supplies, labor, and equipment are necessary for the immediate preservation of life, health, or property.
Proclaimed emergency or disaster means the President or Governor has declared or proclaimed a State of Emergency for an area that includes the geographic territory of the city; or a local emergency has been proclaimed and is currently in effect.
Finance director means the city's finance director, or in the absence of a finance director director, the city manager or a person designated by the city manager to carry out the duties of the finance director under this division of the Code.
Goods means supplies, equipment, materials, and any other items for sale or use, but not including real property.
Invitation for bids means a formal solicitation for sealed bids, including invitations for proposals or statement of qualifications, for which a public notice is advertised in accordance with administrative policies or applicable state law for public work projects
Nonprofessional services means all services other than professional services, including but not limited to maintenance, repair, landscaping, janitorial, clerical, and other services that do not require advanced or specialized knowledge, expertise, training or skill. For the purposes of this division, nonprofessional services does not include any services that are performed on a public project and required to be procured and awarded in compliance with California Public Contracts Code.
Proclaimed emergency or disaster means the President or Governor has declared or proclaimed a State of Emergency for an area that includes the geographic territory of the city; or a local emergency has been proclaimed and is currently in effect.
Professional services means services that involve the exercise of professional discretion and independent judgment based on advanced or specialized knowledge, expertise or training gained by formal study or experience.
Professional services include, but are not limited to, services provided by accountants, appraisers, attorneys, economists, finance, insurance advisors, medical professionals, planning , those professions listed in Government Code Section 4526, and other specialized consultants.
Public exigency or emergency means a situation, related to a proclaimed emergency or disaster, which demands immediate aid or action and/or presents an immediate threat to public health, life safety, or improved property, as further defined in administrative regulations or policies. 220
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Purchase order means a legal document issued by the citycity to the selected vendor that authorizes the purchase and payment of goods or services.
Purchasing Officer means the person(s) appointed by the finance director and functioning under his or her general direction and control to assist with the carrying out of the finance director's duties.
Services means the furnishing of labor, time or effort by an independent contractor.
Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods, as set forth in Title 2 of the Code of Federal Regulations, Part 200, as it may be amended from time to time.
Sole source means when goods or services may be obtained from only one source.
Vendor means the supplier, company, consultant, contractor, firm, and/or organization selected by the city to provide goods and services.
(Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.030. Authority and responsibility.
(a) The finance director, at the direction of the city manager, has the authority and responsibility to designate a purchasing officer, establish a centralized purchasing system, and establish purchasing policy and procedures for the purchase of goods and services and disposition of surplus supplies and equipment in accordance with this chapter, as it may be amended from time to time by the city council. (b) Purchasing officer. The finance director shall designate a purchasing officer whose duties shall include but not be limited to the following.
(1) The finance director mayMay p promulgate administrative policies necessary or desirable to carry out the responsibilities of this chapter.
(2) The finance director shall kKeep informed of current developments in market conditions and new products and maintain a bidder's list, and, vendors' catalogue files or other records needed for the efficient purchase of supplies and equipment.
(3) The finance director shall cCause goods delivered to the city to be inspected to determine their conformance with specifications.
(4) The finance director shall eEvaluate contract services performed to determine conformance with the specifications set forth in the contract and for compliance with applicable policies, laws and regulations.
(5) The finance director shall cConsider and encourage the purchase and use of environmentally friendly, "green" and recyclable materials and products, whenever practicable. (6) When a contract for a purchase of goods or services is not expressly required herein, the finance director shall determine, in consultation with the city attorney, when it is appropriate for a contract to be executed in conjunction with the purchase of goods or services. (7) MThe finance director shall be responsible for making determinations as to whether a particular service to be procured qualifies as a professional or nonprofessional service for the purposes of determining the relevant procurement procedures to be followed. (b) Purchasing officer(s). The finance director may designate other city employees to serve as purchasing officers and delegate to those persons some or all of the duties and responsibilities imposed by this chapter on the finance director.
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(ccc) Department heads. The head of each city department is responsible for administering and implementing for that department the purchasing policiesy and procedures set forth in this chapter and those established by the finance director .director. Each department head or his/her designee shall ensure that sufficient documentation is submitted to the finance directorpurchasing officer with a request for purchase to demonstrate compliance with this chapter and any applicable administrative policies. (Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.040. Determination of purchasing requirements.
The adopted budget for each department for each fiscal year shall include funding for the necessary goods and services for that department during the fiscal year. Unless there is a proclaimed emergency or disaster , a purchase order for goods or services shall not be approved unless there exists an unencumbered appropriation in the department account against which such purchase is to be charged. (Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.050. Purchase order and contract requirements, approval authority.Authority to enter into contracts
(a) (a) A purchase order shall be approved and executed for every purchase of goods or services over $2,500.00. Purchases of less than $2,500 may be approved by a department head without the approval of a purchase order. Where a contract is approved for the purchase of goods or services, the contract shall be in addition to, not in lieu of, the approval of a purchase order. The city may utilize blanket purchase orders to facilitate recurring purchases of goods from a vendor . (b) Purchase orders shall be approved and signed as follows:
Dollar Amount Approval Authority
$1 to $2,499.99 Department Head (no purchase order required) $2,500 to $9,999.99 Finance Director
$10,000 to $24,999.99 City Manager
$25,000 and up City Manager after obtaining City Council's approval (a) Initial approval. Purchase orders and contracts
(a) (c) Except in cases of public exigency or emergency, a contract between the city and a vendor shall be executed prior to making a purchase of services if the total dollar value is $10,000 or more . For lower dollar value purchases, the decision as to whether a contract should be executed shall be made in consultation with the city attorney. The city attorney and Purchasing Officer shall review all contracts and contract amendments prior to their execution and approve the contract or amendment as to form.
Contracts within the City Manager’s authority shall be signed by the city manager; contracts that exceed the City Manager’s authority must be approved by City Council. The City Manager is authorized to bind the city to any one (1) or more writtenapprove and execute contracts for goods and services, per vendor, in an amount or amounts not exceeding provided that the sumamount of the contract does not exceed of fifty thousand dollars ($50,000.00). Contracts for goods and services greater than fifty thousand dollars ($50,000.00) shall be approved by the City Council and executed by the City Manager after City Council approval.
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(b) (d) Following the approval of a purchase order for goods or services, the purchase order may be amended by the issuance of a change order, provided the change is reasonably related to the scope of the original purchase. The finance director will maintain control relative to the scoping, estimating, and negotiating of the proposed change order and the availability of funds for the proposed change in the event that the change order increases the cost. Change orders and amendments . (b)
(i) Council approved contracts. Any cChange orders and amendments to a contract approved by the City Council may be approved by the City Manager, provided the aggregate amount of all change orders and amendments to a particular purchasecontract, including the change order under consideration, does not exceed ten percent of the original contract amountcost with a total cost less than $25,000 may be approved by the city manageradministratively, in accordance with the approval authorities provided in subsection (b) above, provided the aggregate amount of all changes to a particular purchase, including the change order under consideration, does not exceed ten percent of the original cost.
Any change order or amendment to a contract approved by the City Council that in an amount of $25,000 or more or any change order which, when considered with the aggregate amount of all other changes to a purchase, exceeds ten percent of the original contract cost, when considered with the aggregate amount of all other changes to the contract, shall be approved by the city City councilCouncil. (ii) City Manager approved contracts. Change orders and amendments to a contract approved by the City Manager may be approved by the City Manager, provided that the aggregate amount of all change orders and amendments to a particular contract, including the change order under consideration, does not cause the total cost of the contract to exceed fifty thousand dollars ($50,000.00). ten percent of the original contract amount.
(1) Any proposed changes to a purchase that does not increase the purchase price may be approved by the city manager in accordance with any applicable terms and conditions of the original purchase related to change orders or amendments.
(2)(1) (e) Once a purchase order for goods or services has been approved with a vendor, subsequent purchases within the same fiscal year from the same vendor for additional goods or services may be approved. The applicable approval authority and procurement procedure s for a subsequent purchase from a vendor within a fiscal year shall be determined based solely on the dollar value of the subsequent purchase, except that if the aggregate total dollar value of purchases from a vendor, including any change orders, during the fiscal year will be $50,000 or more then city council approval shall be required.
(cf) The finance director shall provide a report to the city council, or a finance subcommittee established by the city council if one exists, on a recurring basis informing the council or its finance subcommittee of purchases approved administratively.
(Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.060. Competitive informal bidding procedures. (a) For purchases of goods and services not exceeding ten thousand dollars ($10,000.00), purchases for materials, supplies, labor, and equipment in any one contract, with any one vendor or service provider, contractspurchases can be entered into administrativelymade without the need ofconducting informal or formal bidding.
(b) For purchases of goods or nonprofessional services, unless exempt from bidding pursuant to section
4.06.080, with a value of $510,00010.00 01 to $2449,999.99, at least three informal written bids, quotes or proposals must be obtained. The applicable department head shall solicit informal bids, quotes or 223
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proposals by written request to prospective vendors. in accordance with the procedures established by the purchasing officerfinance director, unless exempt pursuant to section 4.06.080. The purchase order or contract for such purchases shall be awarded to the lowest responsive , responsible vendor, consistent with the quality, quantity and delivery requirements.
(a)
The lowest responsive, responsible vendor shall be determined by such factors as price, reputation, ability, references, quality of supplies and equipment, and price. Bids, quotes or proposals shall be submitted to the finance directorpurchasing officer, who shall keep such records in accordance with the city's document retention policies and made available for public inspection in compliance with the California Public Records Act. . The department head shall make a good faith effort to notify all businesses engaged in providing such goods or services located within the boundaries of the city of the opportunity to bid. (Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.070. Competitive formal bidding procedures.
Unless exempt from bidding pursuant to section 4.06.080 or the purchasing officer approves an alternative procurement method for nonprofessional services pursuant to Section 4.06. 090(e), allC contracts forpurchases of goods and nonprofessional nonprofessional services of estimated value of $2550,000.00 or more, and all professional services of estimated value of $200,000 or more, shall be let by the formal procedures set forth herein.
(a) The finance directorpurchasing officer shall advertise a public notice inviting formal bidss.. (1) The public notices shall be mailed transmitted by means established by the administrative code but not recited over the telephone or in person, to all qualified vendors on the city's bid list or who have requested their name to be added thereto. unless the goods or services are proprietary. Any interested bidder may obtain an invitation for bid. (2) The public notices shall describe the goods or services in general terms, how to obtain more detailed information, and state the time and place for submission of responses. (3) For non-public work contracts, pPublic The notices shall be mailed transmitted by way of electronic bidding system for the purpose of receiving sealed electronic bids or proposed contracts no later than ten calendar days before the opening date of the bids. The notices shall describe the goods or nonprofessional services in general terms, how to obtain more detailed information, and state the time and place for submission of bids. (43) For all public works contracts, pPublic notice The notice inviting bids shall be published at least ten ten calendar days before the date of opening of the bids. Notice shall be published in a newspaper of general circulation, printed and published in the city or, if there is none, it may be posted in at least three public places in accordance with applicable Government Code and Public Contract Code requirements.
.
(b) Sealed bids shall be submitted to the city clerk and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices All bids shall be submitted sealed and electronically in accordance with the instructions contained in the invitation for bid.
(c) The bids shall be opened in public, at the time and place stated on the invitation for b id. All bids shall be publicly declared.
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(d) Contracts shall be awarded by the city council to the lowest responsive responsible bidder except as otherwise provided hereinin accordance with invitation for bid instructions. The decision of the city council shall be final.
(d) In its discretion, the city council may reject any and all bids presented, abandon the purchase or advertise again. After rejecting all bids submitted, the city council may either advertise again or adopt a resolution by a four-fifths (4/5) majority declaring that the goods can be furnished at a lower price in the open market, and may award the contract in the open market without further compliance with this section.
(ee) If two or more bids received are the same price and are the lowest price, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the bidders at the time of the bid opening. .
(gf) If no bids are received, the purchase may be let in the open market or by the informal procedures set forth in section 4.06.060.
(g) The city councilpurchasing officer shall have the right to waive any defect or informality in the bidding or in the procedures set forth in this section. A waiver of any defect or informality shall not void any contract subsequently entered into.
(hh) Unless otherwise provided by the Finance Director prior to the letting of public notices inviting bids, each bid shall be accompanied by bidder's security. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his or her bid security upon his or he r refusal or failure to execute the contract within 10 days after the preparation and mailing of the contract, unless in the latter event the City is solely responsible for the delay in executing the co ntract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the second place bidder. In such event, if the City Council awards the contract to the second place bidder, the amount of the first place bidder's security shall be applied by the City to the contract price differential between the first place bid and the second place bid, and the surplus less any City expenses related to the first place bidder, if any, shall be returned to the bidder. Formal bidding may require bidder’s security as determined by the purchasing officer. Bidder’s security shall be in an amount equal to at least 10 percent of the amount bid and shall be in one of the following forms:
(1) Cashier’s check made payable to the City.
(2) A certified check made payable to the City.
(3) A bidder’s bond executed by an admitted surety insurer which meets the rating requirements established by the City Clerk, made payable to the City. (j) A bid for which bidder’s security is required shall not be considered unless one of the forms of bidder’s security is enclosed with it. If the successful bidder fails to execute the contract, the amount of the bidder’s security shall be forfeited to the City as set forth below. (k) The City Council may on refusal or failure of the successful bidder to execute the contract , award it to the next lowest responsive bidder. If the City awards the contract to the second lowest responsible bidder, the amount of the lowest bidder security shall be applied by the City to the difference between the low bid and the second lowest bid and the surplus if any shall be returned to the lowest bidder if a check is used or to the surety on the bidder’s bond if a bond is used. (j)(l) In its discretion, the City Council may abandon the project or cause to have the project re-advertised for bids by the formal procedures set forth in this section. (Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
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Sec. 4.06.080. Exemption from bidding upon determination of purchasing officer or city council.
The formal and informal bidding requirements set forth in this chapter may be waived, at the discretion of the finance directorpurchasing officer or city council, when any of the following isare applicable:
(a) After a reasonable attempt has been made to obtain bids, and it has been determined by the finance directorpurchasing officer that three responsive bids cannot be obtained from responsible bidders. (b) The finance director finds that public exigency or emergency conditions exist that require the immediate purchase of goods or services.
(bc) The finance directorpurchasing officer determines that due to the nature of the goods or services (professional and non-professional), formal bidding is not likely to result in the lowest price or best value.
(cd) Goods or services are procured through a cooperative purchasing program or agreement with any federal, state, county or other public agency.
(ce) The purchase of goods or services is made directly from a vendor at a price established by competitive bidding by another federal, state, county, or other public agency or cooperative purchasing programs (also known as “piggybacking”) that is in substantial compliance with section 4.06.070 and pursuant to Cal. Govt. Code § 6502, even if the agency has not established a cooperative purchase program or the city has not entered into a cooperative purchase agreement with the agency. (df) The goods or services are unique or proprietary, including, but not limited to, acquisition of data processing, telecommunications and word processing equipment, goods and services. (ge) The goods or services can only be obtained from a sole source. (fh) The purchase of a specific brand name, make or model is necessary to match existing city equipment or oraesthetic or facilitate effective maintenance and support. (ig) The city council determines compliance with the bidding procedures is not in the best interest of the city.
(hj) The purchasing of advertising in print or other media formats where legal requirements exists exist regarding the manner and method of advertising, or where the advertising is aimed at reaching a specific target audience.
(i) The purchasing officer finds that public exigency or emergency conditions exist that require the immediate purchase of goods or services.
For purchases made from an emergency situation, in accordance with purchasing policy and procedures, the director of any department, with the approval of the city manager, may purchase supplies, equipment, or services directly subject to parameters set forth in City Council resolution(s) or administrative guidelines. The director will submit a report of the circumstances of the emergency to the purchasing officer within three business days. If the contract is one that in a non -emergency situation would have needed to be presented to city council for approval, then the report will be filed with the city council and will be entered in the minutes of the city council at its next regular meeting.
(Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
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Sec. 4.06.090. Professional and non-professional service contracts; exempt from bidding.. (a) Unless exempt from bidding pursuant to section 4.06.080, cContracts for pProfessional and non- professional services for which formal bidding is required pursuant to Section 4.06.070 awarded upon completion of a competitive solicitation process which emphasizes value over price and permits the evaluation of criteria such as qualifications, experience, and performance data to determine the best overall value (“Best Value”) to the city as determined by the purchasing officer, or may be exempted in accordance with Section 4.06.80. may be procured through any means deemed appropriate by the finance director, including but not limited to direct negotiation, request for qualifications, or request for proposals.. Thein accordance with section 4.06.60 or section 4.06.070, whichever is appropriate competitive formal and informal bidding procedures in this chapter . are not applicable to the procurement of professional services.
(b) Contracts awarded for the performance of professional services shall be awarded on the basis of the demonstrated competence of the contractors, and on the contractor's professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the cost of the services to the city, and for professional services shall not be awarded solely on the basis of cost.
(c) Subject to compliance with the procedures set forth in this section, purchase orders and c Contracts for professional services shall be approved in accordance with section 4.06.050. (d) Notwithstanding the above provisions of this section, all contracts for the performance of the annual audit of the city's financial statements shall be competitively bid by obtaining at least three proposals for providing the required services, evaluating the proposals pursuant to criteria set forth in subsection (b), and awarding the contract based on the best proposal. Further, the award of all such contracts regardless of cost shall be approved by the city council.
Nfor which formal bidding is required pursuant to Section 4.06.070 a orin lieu of compliance with the formal bidding procedures in Section 4.06.070,
(Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.100. Local preference.
The city council has encouraged all residents and businesses located within the City of Eastvale to shop locally at businesses located in the city. In keeping with this policy , except for those contracts funded through programs or partners which prohibit the use of a local preference or as may be prohibited by state or federal law, the finance directorpurchasing officer shall make every attempt to purchase goods from Eastvale businesses in accordance with this chapter by. Except for those contracts for which the Charter of the City of Eastvale prohibits the provision of a local preference, and/or those contracts funded through programs or partners which prohibit the use of a local preference, The finance director shall maintain a list of Eastvale vendors offering the types of goods used by the city and shall circulate this list to all city departments. The Tthe city may giveing preference to local vendors in the purchase of goods pursuant to the formal or informal competitive bidding procedures. The cCity must inform prospective bidders that the city will be giving preference to local bidders at the time the bids for goods are solicited.
(a) A vendor shall be considered a local vendor if it meets the following criteria:
(1) It has fixed facilities with employees located within the City limits; and (2) All sales tax returns for the goods purchased must be reported to the state through a business within the geographic boundaries of the City.; and
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(3) It has a City business license. registration
(b) A purchase of goods where local vendor preference is being given shall be awarded as follows:
(1) If a local vendor submitted the lowest priced submissionsubmission, then the contract shall be awarded to such qualifying local vendor.
(2) If one or more qualifying local vendors have made a responsive submission but a qualifying local vendor did not submit the lowest priced submission, the submission price of each qualifying local vendor shall be reduced by five ten percent for the purposes of comparison when evaluating bids. The reduced price of each qualifying local vendor will then be compared to the other submissions received by the City. If with this five ten percent reduction a local vendor would be awarded the contract, the local vendor shall be given the opportunity to amend their submission to price match the true lowest priced submission. If the qualifying local vendor agrees to price match then , the contract shall be awarded to the qualifying local vendor.
(Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.110. Disposal of surplus supplies or equipment.
The head of any city department may declare supplies or equipment (collectively "personal property") held by such department surplus. Such declaration shall be in writing and the written declaration shall be delivered to the finance director who shall maintain a written inventory of surplus supplies and equipment for circulation to and review by each department. If any department has use for such personal property, the department head may request reassignment of such personal property from the finance direc tor. The finance director shall have the authority to assign the personal property to the department best able to make use of such personal property. If no department head makes a request for use of such personal property after the inventory report has bee n circulated for one month, the personal property shall be deemed surplus. (a) The finance director shall have the authority to dispose of surplus supplies or equipment supplies, vehicles, capital assets, equipment and other materials which cannot be used by any city agency or which have become unsuitable for city use by one or more of the following methods: by auction or sale or otherwise after receiving bids or proposals which, in his judgment, provide the best return to the city.
(1) Sale on the open market. The finance director shall cause to be published at least three days before the sale, in a locally adjudicated newspaper or newspaper circulated in the city, and or by posting on any city website, a notice of sale setting forth a general description of the personal property to be sold, and the day, time and location of the sale. The terms of all such sales shall be cash in the amount of the full purchase price.
(2) Sale by sealed bid or public auction. As an alternative to the sale on the open market, the finance director may, when in his/her judgment it is in the best interest of the city, sell surplus personal property by means of sealed bid or public auction.
In the case of sale by sealed bid or public auction, the finance director shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, and or by posting on any city website, a notice setting forth a general description of the surplus personal property to be sold, and the day, time and location of the sale. The terms of all such sales shall be cash in the amount of the full purchase price.
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In conducting an auction, the finance director may contract with a professional auctioneer and allow a flat fee, hourly fee or percentage of the amount of the sale to be paid based upon that which is common and customary method and rate for such auctioneering services. (3) Trade-in, only when the finance director determines that the trade-in value is expected to exceed the value estimated to be obtained through the sale or other disposition of such surplus property.
(4) Scrap
(5) Other procedures permitted by law, as directed by the city council.
In the case of sale by sealed bid or public auction, the finance director shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, and by posting on any city website, a notice setting forth a general description of the surplus personal property to be sold, and the day, time and location of the sale. The terms of all such sales shall be cash in the amount of the full purchase price.
In conducting an auction, the finance director may contract with a professional auctioneer and allow a flat fee, hourly fee or percentage of the amount of the sale to be paid based upon that which is common and customary method and rate for such auctioneering services. (b) The finance director may, when in his/her judgment sell or auction of surplus personal property is infeasible or will result in minimal return to the city, recommend to the city council that such surplus personal property be donated to any other governmental organization (including those outside the United States) or non-profit group or corporation exempt from federal taxes pursuant to Internal Revenue Code Section 501(c)(3) located within or serving the City of Eastvale. Surplus personal property shall only be donated upon approval by the city council. (Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.120. Federally funded procurements.
(a) Purpose and applicability. This section pertains to federally-funded projects and purchases. The purpose of this section is to ensure compliance with all applicable federal requirements when federal money is being expended by the city. To the extent that any provisions of this sect ion are inconsistent with any other provisions of this chapter, the provisions of this section shall prevail with respect to federally -funded procurements. If any provision of this section becomes inconsistent with federal req uirements, whether due to a change in federal law or regulations, through judicial precedent, or for any other reason, then the city shall not be required to comply with the inconsistent provision. (b) Code of conduct. As representatives of the City of Eastvale, all employees are expected to conduct themselves in a professional and ethical manner, maintaining high standards of integrity and the use of good judgement. Employees are expected to be principled in their busi ness interactions and act in good faith with individuals both inside and outside the city. The following code of conduct shall govern the performance, behavior and actions of the city, including employees, directors, appointed or electe d officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts:
(1) No employee, director, appointed or elected official, volunteer, or agent of the city shall participate in the selection, award, or administration of contracts supported by a federal award if a conflict of interest is real or apparent to a reasonable person.
(2) Conflicts of interest may arise when any employee, officer, or agent of the city, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any 229
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of the parties indicated herein, has a real or apparent financial or other interest in or a tangible personal benefit form a firm considered for the contract. (3) The city's employees, directors, appointed or elected officials, volunteers, or agents shall neither solicit nor accept gratuities, favors, gifts, consulting fees, trips, or anything having a monetary value in excess of the gift limitation amount established by the fair political practices commission from a vendor, potential vendor, family or employees of a vendor, contractor or parties to subcontractors. (4) Disciplinary measures for violations of the code of conduct by employees, directors, appointed or elected officials, volunteers, or agents who are engaged in any aspect of procurement, including, but not limited to, purchasing goods and services, awarding contracts and grants, and the administration and supervision of contracts could lead to disciplinary measures, up to and including possible termination of employment.
(c) Solicitation procedures.
(1) Acquisition of unnecessary or duplicative items must be avoided. Consideration should be given to consolidating or dividing procurements to obtain a more economical purchase. When appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.
(2) To foster greater economy and efficiency, and in accordance with efforts to promote cost -effective use of shared services, the city shall enter into state and local intergovernmental agreements or inter - entity agreements where appropriate for procurement or use of common or shared goods and services.
(3) Federal excess and surplus property shall be utilized in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (4) Value engineering clauses may be used in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (5) Contracts shall only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
(6) Records will be maintained to sufficiently detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. The city clerk will be the repository for said records and shall be maintained in accordance with the city's adopted records retention schedule.
(7) Time and material type contracts (open-ended) may be used only after a determination that no other contract is suitable. Time and material type contract means a contract where the cost to the city is the sum of the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expense, and profit. Each time and material contract will set a ceiling price that the contractor exceeds at its own risk. A higher degree of oversight is required in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.
(8) The city alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements.
These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the city of any contractual responsibilities under its contracts. The federal 230
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awarding agency will not substitute its judgment for that of the city unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or federal authority having proper jurisdiction.
(d) Competition.
(1) All procurement transactions must be conducted in a manner providing full and open competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals will be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include, but are not limited to:
a. Placing unreasonable requirements on firms in order for them to qualify to do business; b. Requiring unnecessary experience and excessive bonding; c. Noncompetitive pricing practices between firms or between affiliated companies; d. Noncompetitive contracts to consultants that are on retainer contracts; e. Organizational conflicts of interest;
f. Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance or other relevant requirements of the procurement; and g. Any arbitrary action in the procurement process.
(2) Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference.
Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
(3) All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to sati sfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equivalent description may be used as a means to define the performance or other relevant requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated.
(4) Bids and proposals shall identify all the requirements which the offerors must fulfill and all other factors to be used in evaluation bids or proposals
(e) Methods of procurement.
(1) Micro-purchase: Micro-purchases may be made on the open market. Micro-purchases are purchases where the aggregate dollar amount does not exceed $315,000.00, or $2,5000 for acquisitions of construction subject to 40 U.S.C. chapter 31, or $2,500 for acquisitions of services subject to 41 U.S.C. chapter 67, or the current micro-purchase limitation set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1. where this threshold is periodically adjusted for inflation. 231
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(2) Small purchases: Purchases up to the simplified acquisition threshold may be made by following informal purchasing procedures (§ 4.06.050). The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1. federal government and adjusted periodically. As of the date of this ordinance, the simplified acquisition threshold is $ 3150,000.00. (3) Large purchases: Purchases over the simplified acquisition threshold must be made by any of the following competitive processes:
a. Sealed bids. The fixed price (lump sum or unit price) is awarded to the responsible bidder who conformed to all material terms and is the lowest in price. i. This method is the preferred procurement method for construction contracts, if the following conditions apply:
(a) A complete, adequate, and realistic specification or purchase description is available;
(b) Two or more responsible bidders are willing and able to compete effectively for the business, and,
(c) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally based on price. ii. If sealed bids are used, the following requirements shall apply:
(a) The invitation for bids will be publicly advertised and bids must be solicited from an adequate number of known suppliersvendors, providing them sufficient response time prior to the date for opening the bids; (b) The invitation for bids, which will include any specifications and pertinent attachments, must define the terms or services in order for the bidder to properly respond;
(c) All bids will be publicly opened at the time and place prescribed in the invitation for bids;
(d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts will only be used in determining which bid is lowest.
Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (e) Any or all bids may be rejected if there is a sound documented reason. b. Competitive proposals: This procurement method requires formal solicitation, fixed -price or cost- reimbursement contracts, and is used when sealed bids are not appropriate. The contract should be awarded to the responsible firm whose proposal is most advan tageous to the project, with price being one of the various factors. If this method is used, the following requirements apply:
i. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;
ii. Proposals must be solicited from an adequate number of qualified sources; iii. The methods for conducting technical evaluations of the proposals received and for selecting recipients may include, but not limited to: oral interviews, references, past performance, availability to perform work, and certifications as determined by project scope.
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iv. Any response that takes exception to any mandatory items in this proposal process may be rejected and not considered;
v. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the project, with price and other factors considered; and, vi. Competitive proposal procedures may be used for qualifications -based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiati on of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services, though A/E firms are a potential sour ce to perform the proposed effort.
(4) Noncompetitive proposals: Also known as sole-source procurement, this may be appropriate only when one or more of the following criteria are met:
a. The item is available only from a single source;
b. The public emergency for the requirement will not permit a delay resulting from competitive solicitation;
c. The federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity; or d. After solicitation of a number of sources, competition is determined inadequate. (f) Contract cost and price. A cost or price analysis shall be performed in connection with every procurement action in excess of the simplified acquisition threshold, including contract modifications. The method and degree of analysis is dependent on the facts surrounding the partic ular procurement situation, but as a starting point, independent estimates shall be made prior to receiving bids and proposals.
1. Profit shall be negotiated as a separate element of the price for each contract in which there is a no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work .
2. Costs or prices based on estimated costs for contracts under the federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the city under Subpart E - Cost Principles of Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
3. The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used.
(g) Federal awarding agency or pass-through entity review.
1. The city shall make available, upon request of the federal awarding agency or pass - through entity, technical specifications on proposed procurements where the federal awarding agency or pass -through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the city desires to have the review accomplished after a solicitation has been developed, the federal awarding agency or pass -through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.
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2. The city will make available upon request, for the federal awarding agency or pass - through entity pre- procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
a. Procurement procedures or operations fails to comply with the procurement standards in this part;
b. The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; c. The procurement, which is expected to exceed the simplified acquisition threshold, specifies a "brand name" product;
d. The proposed contract is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or e. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold.
3. The city is exempt from the pre-procurement review in subsection 2 of this section if the federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part.
4. The city may request that its procurement system be reviewed by the federal awarding agency or pass - through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third- party contracts are awarded on a regular basis;
5. The city may self-certify its procurement system. Such self-certification must not limit the federal awarding agency's right to survey the system. Under a self-certification procedure, the federal awarding agency may rely on written assurances from the city that it is complying with these standards. The city must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. (h) Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the federal awarding or pass -through entity may accept the bonding policy and requirements of the city provided that the federal awarding agency or pass-through entity has made a determination that the federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
1. A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified;
2. A performance bond on the part of the contractor for 100 percent of the contract price. A performance bond is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract; and,
3. A payment bond on the part of the contractor for 100 percent of the contract price. A payment bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. (i) Contract provisions. Contracts where federal funding is utilized shall include the following contract clauses, the specific language of which shall be determined by the city attorney:
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1. Equal employment opportunity - All contracts, when funded in whole or partly by monies derived from the federal government (either directly or indirectly), shall contain a provision requiring compliance with equal employment opportunity.
2. Davis-Bacon Act - Applies to construction contracts in excess of $2,000.00. It requires contracts to pay laborers and mechanics wages not less than the prevailing wage as determined by the Secretary of Labor and must be required to pay wages not less than once a week. Each bid solicitation published by the city must contain the current prevailing wage determination. Any award of the contract must be conditioned on contractor's acceptance of that wage determination and suspected or reported violations of this act shall be immediately reported to the federal awarding agency.
3. Copeland "Anti-Kickback" Act - Applies to construction contracts in excess of $2,000.00. It prohibits kickbacks in construction contracts funded with federal monies. Contractors and subcontractors or sub recipients shall be prohibited from inducing any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled and suspected or reported violations shall be immediately reported to the federal awarding agency.
4. Contract Work Hours and Safety Standards Act - Applies to contracts in excess of $1050,000.00 that involve the employment of mechanics or laborers funded with federal money. Such contracts must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
5. Clean Air Act & Federal Water Pollution Control Act - Applies to contracts and sub grants in excess of $150,000.00. Contractor shall be required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Suspected or reported violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6. Debarment and suspension - Contracts funded with federal grant monies may not be awarded to contractors that have been debarred or suspended from receiving federal monies pursuant to the System for Award Management (SAM).
7. Byrd Anti-Lobbying Amendment - Contractors that apply or bid for an award of $100,000.00 must certify that they will not and have not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award. (j) Contracting with small and minority business, women's business enterprises, and labor surplus area firms. All necessary affirmative steps will be taken to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps include:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, 235
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6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in subsections (1) through (5) of this section.
(k) Proclaimed Emergencies or Disasters. Notwithstanding any other provision in this section, the city shall follow the then-current applicable procurement procedures promulgated by the Federal Emergency Management Agency (FEMA) necessary to be eligible for FEMA funding or reimbursement for purc hases during a proclaimed emergency or disaster.
(Ord. No. 19-06, § 1(Exh. A), 7-10-2019)
Sec. 4.06.130. Recovered organic material product procurement and recycled-content paper procurement.
(a) All city departments, and direct service providers to the city, as applicable, must comply with the city's recovered organic material produce and recycled-content paper procurement policy, as amended. (b) All vendors providing paper products and printing and writing paper shall:
(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than one percent of the total cost for non-recycled items.
(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. (3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013). (5) Provide records to the city's recordkeeping designee, of all paper products and printing and writing paper purchases (both recycled-content and non-recycled content, if any is purchased). Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in this Section, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
(Ord. No. 22-02, § 4, 2-9-2022) (Ord. No. 22-02, § 4, 2-9-2022)
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ORDINANCE NO. 2025-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE , CALIFORNIA, AMENDING CHAPTER 2.100 OF THE EASTVALE MUNICIPAL
CODE PERTAINING TO DISASTER OPERATION AND RELIEF
WHEREAS, Chapter 2.100 of the Eastvale Municipal Code provides special administrative procedures applicable during emergencies; and
WHEREAS, as a part of an update to the City’s purchasing processes and procedures, amendments to Chapter 2.100 were identified as desirable to clarify purchasing requirements during an emergency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1 . Amendment of Chapter 2.100. Chapter 2.100 of the municipal code is amended to read as shown on Exhibit A hereto.
SECTION 2. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irr espective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. Effective Date . This ordinance shall take effect thirty (30) days after i ts passage by the City Council.
SECTION 5. City Clerk Action . The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).
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PASSED, APPROVED AND ORDAINED this __ day of ___________, 2025.
__________________________________________
Mike McMinn
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica L. Vega Marc A. Donohue, MMC
City Attorney City Clerk
238
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 25-__, was introduced at a regular meeting of the City Council of the City of Eastvale held on the __ day of ________, 2025, and was passed by the City Council of the City of Eastvale at a regular meeting held on the __ day of _________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
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EXHIBIT “A”
CHAPTER 2.100. ADMINISTRATION OF DISASTER OPERATION AND RELIEF Sec. 2.100.010. Purpose.
The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons.
Sec. 2.100.020. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, or as defined in the California Emergency Services Act (Government Code Section 8550 et seq.), except where the context clearly indicates a different meaning:
Emergency means a condition of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestations or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake or other conditions other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat.
Sec. 2.100.030. Disaster council—Membership.
The city disaster council is hereby created and shall consist of the following:
(1) The mayor, who shall be chairperson.
(2) The director of emergency services who shall be vice-chairperson. (3) The assistant director of emergency services.
(4) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter.
(5) Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council.
Sec. 2.100.040. Same—Powers and duties.
It shall be the duty of the city disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement 240
such plans and agreements. The disaster council shall meet upon call of the chairperson or, upon call of the vice-chairperson (in the absence of the chairperson).
Sec. 2.100.050. Director and assistant director of emergency services. (a) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services.
(b) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director.
Sec. 2.100.060. Powers and duties of the director and assistant director of emergency services.
(a) The director is hereby empowered to:
(1) Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation If the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. (2) Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the city's emergency organization for the accomplishment of the purposes of this chapter.
(4) Direct cooperation between and coordination of services and staff of the city's emergency organization; and resolve questions of authority and responsibility that may arise between them.
(5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
(6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the governor or the secretary of state emergency management, or the existence of a state of war emergency, the director is hereby empowered:
a. To make and issue or suspend or modify rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;
b. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
c. To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which the city is located or the existence of a state of war emergency, to command the aid of as 241
many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; d. To requisition necessary personnel or material of the city's departments or agencies;
e. To execute all ordinary power as city manager all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority; f. To delegate authority to such city officials as the director determines reasonably necessary or expedient;
g. To transfer the direction, personnel, or functions of city departments and agencies for the purposes of performing or facilitation emergency services; h. To appropriate and expend funds, execute contracts, authorize the acquisition of property, equipment, services, supplies, and materials without the strict compliance with normal city procurement procedures;
i. To accept services, gifts, grants and loans, equipment, supplies, and materials whether from private, nonprofit, or governmental sources; j. To make such special provisions for the health and safety of animals as may be necessary and feasible;
k. To make application for local, state, or federal assistance; l. To establish a curfew during such hours of the days or nights that shall affect categories of persons as may be designated in a curfew order; and m. To close or cancel the use of any city-owned or operated building or other public facility.
(b) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be approved by the city council.
(c) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director.
Sec. 2.100.070. Emergency organization.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of section
2.100.060(a)(6)(c), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. 242
Sec. 2.100.080. Emergency plan.
The city disaster council shall be responsible for the development of the city's emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.
Sec. 2.100.090. Expenditures.
Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city.
Sec. 2.100.100. Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $1,000.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
(1) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter. (2) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof.
(3) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state or by the city.
Sec 2.100.110. Continuity of government.
To provide for the continuance of the legislative and executive departments of the city during a state of war emergency or a state of emergency or a local emergency the City Council shall have the power to appoint standby officers in accordance with the California Emergency Services Act, Government Code Sections 8635-8644. In the event that all members of the city council, including all standby members, are unavailable, temporary officers may be appointed as provided in Government Code Section 8644.
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PART A - GENERAL ORDINANCES
Title 2 - ADMINISTRATION AND PERSONNEL
CHAPTER 2.100. ADMINISTRATION OF DISASTER OPERATION AND RELIEF
Eastvale, California, Code of Ordinances Created: 2024-06-25 15:49:34 [EST] (Supp. No. 13)
CHAPTER 2.100. ADMINISTRATION OF DISASTER OPERATION AND RELIEF Sec. 2.100.010. Purpose.
The declared purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord. No. 2011-14, § 1, 12-14-2011)
Sec. 2.100.020. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, or as defined in the California Emergency Services Act (Government Code Section 8 550 et seq.), except where the context clearly indicates a different meaning:
Emergency means a condition of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant o r animal infestations or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat.
(Ord. No. 2011-14, § 2, 12-14-2011)
Sec. 2.100.030. Disaster council—Membership.
The city disaster council is hereby created and shall consist of the following:
(1) The mayor, who shall be chairperson.
(2) The director of emergency services who shall be vice-chairperson. (3) The assistant director of emergency services.
(4) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter.
(5) Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council.
(Ord. No. 2011-14, § 3, 12-14-2011)
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Sec. 2.100.040. Same—Powers and duties.
It shall be the duty of the city disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairperson or, upon call of the vice -chairperson (in the absence of the chairperson).
(Ord. No. 2011-14, § 4, 12-14-2011)
Sec. 2.100.050. Director and assistant director of emergency services. (a) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services.
(b) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director.
(Ord. No. 2011-14, § 5, 12-14-2011)
Sec. 2.100.060. Powers and duties of the director and assistant director of emergency services.
(a) The director is hereby empowered to:
(1) Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation If the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. (2) Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the city's emergency organization for the accomplishment of the purposes of this chapter.
(4) Direct cooperation between and coordination of services and staff of the city's emergency organization; and resolve questions of authority and responsibility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
(6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the governor or the secretary of state emergency management, or the existence of a state of war emergency, the director is hereby empowered:
a. To make and issue or suspend or modify rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council; b. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
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c. To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this the city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; d. To requisition necessary personnel or material of the city's departments or agencies ;; and e. To execute all ordinary power as city manager all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority;.
f. To delegate authority to such city officials as the city managerdirector determines reasonably necessary or expedient;
g. To transfer the direction, personnel, or functions of city departments and agencies for the purposes of performing or facilitation emergency services; h. To appropriate and expend funds, execute contracts, authorize the acquisition of property, equipment, services, supplies, and materials without the strict compliance with normal city procurement procedures;
i. To accept services, gifts, grants and loans, equipment, supplies, and materials whether from private, nonprofit, or governmental sources;
j. To make such special provisions for the health and safety of animals as may be necessary and feasible;
k. To make application for local, state, or federal assistance; l. To establish a curfew during such hours of the days or nights that shall affect categories of persons as may be designated in a curfew order; and
m. To close or cancel the use of any city-owned or operated building or other public facility. (b) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency.
Such order of succession shall be approved by the city council. (c) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. No. 2011-14, § 6, 12-14-2011)
Sec. 2.100.070. Emergency organization.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of section 2.100.060(a)(6) (c), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city.
(Ord. No. 2011-14, § 7, 12-14-2011)
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Sec. 2.100.080. Emergency plan.
The city disaster council shall be responsible for the development of the city's emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.
(Ord. No. 2011-14, § 8, 12-14-2011)
Sec. 2.100.090. Expenditures.
Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. No. 2011-14, § 9, 12-14-2011)
Sec. 2.100.100. Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $1,000.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
(1) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon themhim by virtue of this chapter.
(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. (3) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state or by the city. .
(Ord. No. 2011-14, § 10, 12-14-2011)
Sec 2.100.110. Continuity of government.
To provide for the continuance of the legislative and executive departments of the city during a state of war emergency or a state of emergency or a local emergency the cCity cCouncil shall have the power to appoint standby officers in accordance with the California Emergency Services Act, Government Code Sections 8635- 8644.
In the event that all members of the city council, including all standby members, are unavailable, temporary officers may be appointed as provided in Government Code Section 8644.
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ATTACHMENT 3
B
reakdown up to $1,000,000 (Dollar amount: Number of Contracts) • $0 – $99,999: 169 • $300,000 – $399,999: 15 • $600,000 – $699,999: 4 • $900,000 – $999,999: 1 • $100,000 – $199,999: 37 • $400,000 – $499,999: 5 • $700,000 – $799,999: 1 • Over $1,000,000: 37 • $200,000 – $299,999: 12 • $500,000 – $599,999: 2 • $800,000 – $899,999: 4 169
37 12
15 5
2 53
0-99,999
100,000-199,999
200,000-299,999
300,000-399,999
400,000-499,999
500,000-599,999
>600,000
NUMBER OF CONTRACT APPROVALS BY DOLLAR AMOUNTS
Approved from July 1, 2023 through August 31, 2025
248