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(a) Generally. A Contracting Officer may award contracts to more than one Offeror if the Contracting Officer determines that it is in the City’s best interest to have more than one Contractor provide one or more similar Commodities and/or Services and the Solicitation states that the contract may be subject to multiple award. The Contracting Officer may either require all multiple award contractors to do business with the City under a single set of terms and conditions, or if the Solicitation is made by means of a request for Proposals, may negotiate separate terms and conditions with each Offeror for specified Commodities and/or Services. Following multiple award and in the administration of multiple award contracts, the Contracting Officer shall use best efforts to fulfill the policies of Chapter 14B of this Code.
(b) Technology Marketplace. Any department ordering Commodities or Services through the Technology Marketplace may be required to pay an administrative fee as determined by the Purchaser..1
CODIFICATION NOTE
(a) A contract for multiple years or with options to extend the term or renew the contract may be used when:
(1) The City anticipates that the need for acquisition of the Commodities or Services that are the subject of the contract will extend beyond a single fiscal year in the case of multiple year contracts, or beyond the initial contract period in the case of renewals or extensions of contracts; and
(2) The initial term of the contract and conditions for renewal or extension are included in the Solicitation, which Solicitation shall not provide for renewals or extensions of the contract for a period in excess of 10 years from the date of the initial contract; and
(3) Funds are available for the first fiscal year at the time of contracting; and
(4) Payment and performance obligations for succeeding fiscal years are made subject to the appropriation of funds for the contract.
(b) Departments are prohibited from entering into contracts involving expenditure of City funds with provisions that would automatically renew the contract term without further action by the City.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
Prior to the initiation of performance, the Contracting Officer may require labor, materials or fidelity bonds, or a corporate surety bond conditioned for the faithful performance of any contract for the purchase of Commodities or services.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
If required by the Contracting Officer in the Solicitation, an Offer shall be accompanied by a deposit in the form of a certified or cashier's check on a solvent bank, or money order, or bid bond, payable on sight to the City in the amount fixed in the Solicitation, which amount shall not exceed 10 percent of the estimated cost of the Commodities or Services to be furnished. However, any regular or continual offeror may, in lieu of the deposit above mentioned, file a corporate surety bond in an amount to be fixed by the Controller to serve as security for a period of at least one year that the Offeror will enter into the contract, and during the contract period, furnish any required performance bond for any and all contracts awarded to that Offeror, with provision for forfeiture under the surety bond in any case of failure, neglect, or refusal to do so. The Controller may delegate to the Risk Manager the authority to fix the amount of corporate surety bonds for such types of Commodities or Services contracts and in such amounts as the Controller deems appropriate.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99; amended by Ord. 165-13, File No. 130540, App. 8/2/2013, Eff. 9/1/2013)
The Controller shall approve the sufficiency of assets and qualifications of all sureties submitting any bond or security which is required under the provisions of Section 21.10 and 21.11 of this Chapter. The Controller may delegate to the Risk Manager the authority to approve the sufficiency of assets and qualifications of sureties for such types or classes of agreements requiring surety or security bonds and in such amounts as the Controller deems appropriate.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99; amended by Ord. 165-13, File No. 130540, App. 8/2/2013, Eff. 9/1/2013)
If any Offeror to whom a contract is awarded under the provisions of this Charter shall fail to file any required bond within 10 working days after receiving notice to file such bond, the Purchaser may deposit any security required to be filed under the provisions of Section 21.11 of this Chapter in the treasury for collection. The amount thereof shall be retained by the City as liquidated damages for failure of the Offeror to file such bond. Neither the deposit nor the proceeds thereof shall be returned to such defaulting Offeror; provided, however, that upon the recommendation of the department utilizing the Commodities or Services to be provided under the contract, the Purchaser may approve the return of the amount of the Bid security to excuse a forfeiture under such Bid security.
Demand upon an Offeror to file a bond, as hereinbefore set forth, may, at the option of the Purchaser, be made by mail or by facsimile, addressed to the Offeror on whom it is to be served, at his or her mailing address or facsimile number, as set forth by the Offeror in the Offer. The service is complete at the time of deposit in the mail or machine confirmation of the facsimile, and the 10-day period shall commence on the first day following such deposit in the mail.
The Purchaser shall have the authority to extend the period for the deposit of any required bond, except a Bid bond, whenever in the Purchaser's judgment, circumstances warrant an extension.
In all cases of forfeiture hereunder, the amount of the forfeiture after collection by the City shall be entered as a credit to the General Fund.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
If on Offeror must possess a Business Tax Registration Certificate issued by the Tax Collector, but has failed to obtain one, the Contracting Officer shall not execute the contract, except in case of emergency as defined in Section 21.15 of this Chapter.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
(a) The Board of Supervisors hereby declares that an actual emergency shall exist when it becomes necessary to immediately procure Commodities or Services to make repairs, to safeguard the lives or property of the citizens or the property of the City or to maintain public health or welfare as a result of extraordinary conditions created by war, epidemic, weather, fire, flood, earthquake or other catastrophe, or the breakdown of any plant equipment, structure, street or public work.
(b) For any Commodities or Services that would normally be procured by the Purchaser, a contract may be executed by the Purchaser in the most expeditious manner, and shall be promptly confirmed by issuance of a regular purchase order.
(c) The department head responsible for the operations for which Commodities or Services are needed may also enter into a contract directly in the most expeditious manner necessary in order to respond to the emergency; however, if the emergency permits, the department head shall first secure the written approval of the president of the board or commission concerned, or from the Mayor or the Mayor’s designee for any department under the Mayor’s jurisdiction provided that the designee is not the department head of the department concerned, and in all cases the approval of the Board of Supervisors must be obtained for any contract in excess of $100,000. If the emergency does not permit such approvals to be obtained before the contract is executed, such approvals shall be obtained as soon thereafter as it is possible to do so.
(d) The Purchaser or the department, as the case may be, shall attempt to obtain at least three Bids for emergency purchases.
(e) The Board of Supervisors hereby declares that an actual emergency shall exist during a period of material shortages when goods meeting the exact specifications as ordered are not procurable. When such goods are immediately required, the Purchaser, with the approval of the Director of Administrative Services, shall have authority to accept satisfactory substitutes and to make proper price adjustments therefor; provided, that if such price adjustment should increase the contractual obligation by more than 10 percent, the Purchaser shall first obtain approval by the Controller, who shall reserve the additional amount of money required to meet the increased obligation.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99; amended by Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020)
(a) Notwithstanding any other provisions of the Municipal Code, in cases where the Purchaser deems that it is in the City’s best interests to do so, the Purchaser is authorized, subject to the Board of Supervisors’ approval by Resolution, to sell to, acquire from, participate in, sponsor, conduct, or administer cooperative purchasing agreements for the benefit of public agencies in California or elsewhere, and may enter into reciprocal agreements for the cooperative use of Commodities or Services or the common use or lease of facilities, under the terms agreed upon between the parties.
(b) Notwithstanding any other provisions of the Municipal Code, the Purchaser may utilize competitive procurements conducted by or for the benefit of other public agencies to make purchases of Commodities or Services for the use of the City, under the terms established in those procurements, upon making a determination that (i) the other procurement was competitive or the result of a sole source award, and (ii) the use of the other procurement would be in the City’s best interests.
(c) Departments may utilize the results of competitive Solicitation by other City departments if such potential use by other City departments is specified in the Solicitation.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99; amended by Ord. 115-05, File No. 050595, App. 6/17/2005; Ord. 161-24, File No. 240366, App. 7/3/2024, Eff. 8/3/2024)
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