HomeMy WebLinkAboutOrd 07-25 Item 5.9 Amending Chapter 2.36 (Contracts and Purchasing) of the Dublin Municipal CodeOrd. No. 07-25, Item 5.9, Adopted 10/21/2025 Page 1 of 7
ORDINANCE NO. 07 – 25
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 2.36 (CONTRACTS AND PURCHASING)
OF THE DUBLIN MUNICIPAL CODE
WHEREAS, the City Council of the City of Dublin has established Chapter 2.36 of the Dublin
Municipal Code to establish efficient procedures for the procurement of services, supplies, equipment,
and public projects; and
WHEREAS, the current thresholds for the City Manager (designated as Purchasing Agent) authority
and bidding requirements have not been updated since the adoption of Ordinance 12-12, and do not
reflect current State guidance, best practices, or regional benchmarks; and
WHEREAS, Staff conducted a data analysis of neighboring cities, and collected information from
the California Uniform Public Construction Cost Accounting Act (CUPCCAA), the California Department
of General Services Procurement Division, and the California Association of Public Procurement Officials,
and found that increasing purchasing authority thresholds and bidding requirements would align the City
with State guidance and local best practices; and
WHEREAS, California Public Contract Code Section 22032 permits public projects of two hundred
twenty thousand dollars ($220,000) or less to be contracted through informal bidding procedures, and the
State’s Scope of Purchasing Authority 100.2 provides that goods and services procurement of up to one
hundred thousand ($100,000) may be treated at an informal level; and
WHEREAS, the City Council finds that increasing the purchasing authority and bidding levels will
enhance efficiency, reduce administrative costs, improve timely acquisition of goods and services, and
maintain appropriate financial oversight consistent with State guidance.
NOW, THEREFORE, the City Council of the City of Dublin does ordain the following:
Section 1. Amendment to Section 2.36.020. Section 2.36.020 is amended to read as follows:
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. “Consultant or professional services” means the services rendered by architects, attorneys,
engineers, doctors, financial consultants, planning or environmental consultants, investment
advisors, bank or trustee officers, and other professional or specialized consultants.
B. “Contract” means any agreement to do or not do a certain thing. For the purposes of this
chapter, “contract” and “agreement” are synonymous. The term “contract” includes, but is not
limited to, a purchase order; a contract for services; an addendum or change order, which means
a change or addendum to an executed contract; a letter of agreement; and a memorandum of
understanding.
C. “Force account” is a term used by the Uniform Construction Cost Accounting Procedures
meaning an account which is used to account for work performed on public projects using internal
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resources, including but not limited to labor, equipment, materials, supplies, and subcontracts of
the public agency.
D. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent
danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health,
property, or essential public services.
E. “General services” means and includes any work performed or services rendered by an
independent contractor, with or without the furnishing of materials, including, but not limited to,
the following:
1. Maintenance or nonstructural repair of city buildings, structures or improvements which does
not require engineering plans, specifications or design, including, but not limited to, unscheduled
replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing,
elevator maintenance, custodial services and pest control, etc.;
2. Repair, modification and maintenance of city equipment and software;
3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and
equipment;
4. Replanting, care or maintenance of public grounds, including, but not limited to, maintenance
of trees, shrubbery, flowers, and lawns;
5. Providing temporary personnel services;
6. Providing other miscellaneous services to facilitate city operations;
7. Performing repair, demolition or other work required to abate nuisances under this code;
8. Licensing software services;
9. Leasing or rental of equipment (personal property) for use by the city;
10. Maintenance of equipment owned or leased by the city.
“General services” does not include consultant or professional services, or work associated with a
public project.
F. “Goods of a technical nature” means hardware, software, or communications equipment, or
any item that is substantially similar to the foregoing as determined by the Purchasing Agent.
G. “Large contract” means a contract for the purchase of general services or supplies and
equipment with a total cost of more than $100,000. Notwithstanding the foregoing, the $100,000
threshold set forth in the previous sentence shall automatically increase if the amount set forth for
the “formal level” of contracting in Section 100.2 of the State Contracting Manual or its successor
is increased.
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H. “Large public project” means a “public project,” as defined in subdivision (c) of Public Contract
Code section 22002, with a total cost of $220,000 or more. Notwithstanding the foregoing, the
$220,000 threshold set forth in the previous sentence shall automatically increase to reflect the
amount set forth in subdivision (b) of Public Contract Code section 22032.
I. “Public project” shall have the meaning given that term by California Public Contract Code
Section 22022.
J. “Small public project” means a “public project,” as defined in subdivision (c) of Public Contract
Code section 22002, with a total cost of less than $220,000. Notwithstanding the foregoing, the
$220,000 threshold set forth in the previous sentence shall automatically increase to reflect the
amount set forth in subdivision (b) of Public Contract Code section 22032.
K. “Small contract” means a contract for the purchase of general services or supplies and
equipment with a total cost of between $10,000 and $100,000, inclusive. Notwithstanding the
foregoing, the $100,000 threshold set forth in the previous sentence shall automatically increase if
the amount set forth for the “formal level” of contracting in Section 100.2 of the State Contracting
Manual or its successor is increased.
L. “Supplies and equipment” means and includes tangible goods, supplies, equipment, vehicles,
printing, materials, and furniture and furnishings purchased on behalf of the city.
M. “Very small contract” means a contract for the purchase of general services or supplies and
equipment with a total cost of less than $10,000.
N. “Very small public project” means a “public project,” as defined in subdivision (a) of Public
Contract Code section 22002, with a total cost of $75,000 or less. Notwithstanding the foregoing,
the $75,000 threshold set forth in the previous sentence shall automatically increase to reflect the
amount set forth in subdivision (a) of Public Contract Code section 22032.
Section 2. Amendment to Section 2.36.050. Section 2.36.050 is amended to read as follows:
Purchasing Agent authority for contracts and purchases—Small contracts.
A. The Purchasing Agent is authorized to enter into a small contract on behalf of the city and
approve a purchase by the city without the prior approval of the City Council, so long as the contract
or purchase satisfies the following conditions:
1. The monies have been appropriated; and
2. The contract or purchase is for consultant or professional services, general services, or supplies
and equipment.
B. In an emergency the Purchasing Agent may authorize the expenditure of any unencumbered
monies in the emergency reserve fund, notwithstanding the fact that such monies may not have
been appropriated for such purpose, to the extent that said emergency fu nds have not been
appropriated or are otherwise unavailable therefor.
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Section 3. Amendment to Section 2.36.070. Section 2.36.070 is amended to read as follows:
Contracts and purchases of general services, supplies and equipment—Very small contracts.
For very small contracts, informal quotations should be obtained, but are not required.
Comparative pricing is expected to secure the lowest price. Negotiated pricing is allowed and
departments are strongly encouraged to solicit quotations from city-based businesses.
Section 4. Amendment to Section 2.36.080. Section 2.36.080 is amended to read as follows:
Contracts and purchases of general services, supplies, and equipment—Small contracts.
A. The award of any small contract shall, whenever possible, be based on at least three (3)
quotations. For small contracts of less than fifty thousand dollars ($50,000), the quotations may be
verbal or written. For small contracts greater than fifty thousand dollars ($50,000), the quotations
shall be in writing, which writings may include facsimile and electronic mail transmissions.
Quotations with the required documentation shall be submitted to the Finance Department for
approval by the Purchasing Agent. Negotiated pricing is allowed and departments are strongly
encouraged to solicit quotations from city-based businesses. The award of any small contract shall
be consistent with the factors stated in Section 2.36.060 and shall be made from the vendor that
submits the lowest total cost.
B. At the discretion of the Purchasing Agent, the competitive bidding procedure set forth in Section
2.36.090 may be used for any acquisition of general services, supplies and equipment, regardless
of the value.
Section 5. Amendment to Section 2.36.090. Section 2.36.090 is amended to read as follows:
City Council authority for contracts and purchases—Large contracts—Competitive bidding.
City Council approval shall be required to authorize large contracts.
Awards of large contracts shall comply with the competitive bidding procedure set forth in this
section, except as provided in Section 2.36.100. Bids should be obtained from one (1) or more
vendors located within the city whenever possible.
A. Notices inviting bids shall include a general description of the services and/or articles to be
purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid
openings, and whether a bid deposit or bond and a faithful performance bond will be required.
B. Notices inviting bids shall be posted in at least three (3) public places in the city that have been
designated by ordinance as the place for posting public notices, at least fourteen (14) calendar
days before the date of opening the bids.
C. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers
whose names are on the bidder’s list and may advertise the notice inviting bids in applicable
publications and websites readily accessible to the public.
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D. When deemed necessary by the Purchasing Agent or City Council, any bidder may be required
to submit a bid deposit or bond in an amount determined by the Purchasing Agent or City Council.
A successful bidder (and his surety, if a bond is furnished) shall be liable for any damages upon the
bidder’s failure to enter into a contract with the city or upon the bidder’s failure to perform in
accordance with the tenor of his or her bid.
E. When deemed necessary by the Purchasing Agent or City Council, any person or entity entering
into a contract with the city may be required to furnish a faithful performance deposit or bond in an
amount determined by the Purchasing Agent or City Council.
F. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of
all bids received shall be open for public inspection during regular business hours for a period of
not less than thirty (30) calendar days after the bid opening.
G. At its discretion, the City Council may reject all bids presented and re-advertise for bids.
H. Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder,
except as otherwise provided herein.
I. If two (2) or more bids received from responsible bidders are for the same total amount or unit
price, quality and service being equal, preference shall be given to the local vendor, or the City
Council may accept the lowest bid made by negotiation with the tie bidders and the Purchasing
Agent at the time of the bid opening.
Section 6. Amendment to Subdivision A.1. of Section 2.36.100. Subdivision A.1. of Section
2.36.100 is amended to read as follows:
1. Large contracts involving the acquisition of consultant or professional services will require City
Council approval.
Section 7. Amendment to Section 2.36.120. Section 2.36.120 is amended to read as follows:
Purchase orders.
Purchases for small contracts shall be documented by purchase orders prepared by the
Purchasing Agent in accordance with adopted administrative policies.
Section 8. Amendment to Section 2.36.160. Section 2.36.160 is amended to read as follows:
Public projects.
Public projects shall follow the purchasing procedures as set forth in Sections 22030–22045 of the
Public Contract Code.
A. Contracts for very small public projects may be performed by the employees of a public agency
by force account, by negotiated contract, or by purchase order (Reference: Public Contract Code
Section 22032).
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B. Contracts for small public projects may be let to contract by the informal procedures set forth
in Sections 22030–22045 of the Public Contract Code.
1. A list of contractors shall be developed and maintained in accordance with the provisions of
Section 22034 of the Public Contract Code and criteria promulgated from time to time by the
California Uniform Construction Cost Accounting Commission.
2. Where a public project is to be performed, a notice inviting informal bids shall be mailed, faxed,
or emailed to all contractors for the category of work to be bid, as shown on the list developed in
accordance with this section, and to all construction trade journals as specified by the California
Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the
Public Contract Code. Additional contractors and/or construction trade journals may be notified;
provided, however:
a. If there is no list of qualified contractors maintained by the city for the particular category of
work to be performed, the notice inviting bids shall be sent only to the construction trade journals
specified by the California Uniform Construction Cost Accounting Commission.
b. If the product or service is proprietary in nature such that it can be obtained only from a certain
contractor or contractors, the notice inviting informal bids may be sent exclusively to such
contractor or contractors.
3. All mailing of notices to contractors and construction journals pursuant to this section shall be
completed not less than fifteen (15) calendar days before bids are due.
4. The notice inviting informal bids shall describe the project in general terms, how to obtain more
detailed information about the project, and shall state the time and place for the submission of
bids.
5. The Purchasing Agent is authorized to award informal contracts pursuant to this section.
C. Contracts for large public projects shall be authorized by City Council and shall comply with
the competitive bidding procedures set forth in Section 2.36.090. Contracts for very small and
small public projects may be approved by the Purchasing Agent. (Reference: Public Contract Code
section 22034.)
Section 9. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its final adoption.
Section 10. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted
in at least three public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
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PASSED, APPROVED AND ADOPTED this 21st day of October 2025, by the following vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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