CC Ordinance 1198 - Amending Purchasing Procedure 3.20 sections 060 and 070 ORDINANCE NO. 1198
AN ORDINANCE OF THE CITY OF CAMPBELL AMENDING
TITLE 3, CHAPTER 3.20, ENTITLED "PURCHASING
PROCEDURE," SECTIONS 3.20.060 AND 3.20.070 OF
THE CAMPBELL MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS :
That Title 3, Chapter 3.20, entitled "Purchasing Procedure," Sections.
3.20.060 and 3.20.070 of the Campbell Municipal Code, be amended to read as
follows :
3.20.060 Formal Contract Procedure. Except as otherwise provided in
this chapter, purchases and contracts for supplies, services and equipment
of estimated value greater than Five Thousand Dollars ($5,000) shall be by', .
written contract with the lowest responsible bidder pursuant to the procedure
prescribed herein as follows :
(1) Approval of Specifications. Specifications shall be approved by
the City Council , the original of which shall be filed in the office of the
City Clerk;
(2) Notice Inviting Bids. The notice inviting bids shall be advertised
upon the authority of the. City Council and shall include a general description
of the articles to be purchased or services to be performed, shall state where
bid blanks and specifications may be secured, form and amount of performance
bond if required, and the time and place for opening bids :
(A) Published Notice. Notice inviting bids shall be published. one
time in a newspaper of general circulation in the city,
(B) Bidders List. The purchasing officer shall also solicit sealed
bids from all responsible prospective suppliers whose names are on the Bidders
List or who, have requested their names to be added thereto,
(C) Bulletin Board. The purchasing officer shall also advertise
pending purchases by a notice posted on a public bulletin board in the city hall ;
(3) Bidder's Security. The notice for invitation for bids shall prescribe an
amount of money to accompany the bid proposal which is required as the bidder's
security. Bidders shall be entitled to return of bid security; provided that a suc-
cessful bidder shall forfeit his bid security upon refusal or failure to execute the
contract within ten days after the award of contract has been mailed, unless the
city is responsible for the delay. The City Council may, on refusal or failure of
the successful bidder to execute the contract, award it to the next lowest res'ponsible
bidder. If the City Council awards the contract to the next lowest bidder, the amount
of the lowest bidder's 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;
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(4) Bid Opening Procedure. Sealed bids shall be submitted to the
purchasing officer and shall be identified as bids on the envelope. Bids
shall be opened in public at the time and place stated in the public notice.
The opened bids shall be available at all times for public inspection from the
time they are opened until the award has been made by the City Council ;
(5) Tabulation of Bids. The purchasing officer shall tabulate all bids
received and the City Manager shall recommend to the City Council which in
his opinion is the best and lowest bid;
(6) Award of Contracts. Contracts shall be awarded by the City Council
to the lowest responsible bidder except as otherwise provided in this chapter;
(7) Rejection of Bids. In its discretion, the City Council may reject
any and all bids presented. The City Council may then re-advertise the bids
or authorize the City Manager to proceed with the purchase of the materials,
services or equipment by negotiation in the open market subject to final ap-
proval of purchase by City Council ;
(8) Tie Bids. If two or more bids received are for the same total amount
or unit price, quality or service being equal , and if the public interest will
not permit the delay of re-advertising for bids , the City Council may accept
the one it chooses or accept the lowest bid made by negotiation with the tie
bidders at the meeting at which the award of the bid is to be made;
(9) Performance Bonds . The City Council shall have authority to require
a performance bond before entering a contract in such amount as it shall find
reasonably necessary to protect the best interests of the City. If the City
Council requires a performance bond, the form and amount of the bond shall be
described in the notice inviting bids.
3.20.070 Open Market Procedure. Purchases of supplies, contractual
services and equipment of an estimated value in the amount of Five Thousand
Dollars ($5,000). or less may be made by the purchasing officer in the open
market without observing the procedure prescribed by Section 3.20.060.
Provisions of this section are meant to include only routine contractual
services, and not the hiring of consulting engineers for the development of
local improvement districts, or other non-routine assistance normally
classified as "consulting," which shall be performed in accordance with
the provisions of Section 10.7 of the City of Campbell Council Policy/
Administrative Procedures Manual , entitled "Retaining of Consultants."
(1 ) Minimum Number of Bids. Open market purchases shall , wherever
possible, be based on at least three bids, and shall be awarded to the lowest
responsible bidder.
(2) Notice Inviting Bids. The purchasing officer may solicit bids by
direct mail request to prospective vendors or by telephone. The City pur-
chasing officer shall keep a record of all open market orders and bids
submitted thereon for a period of one year after the submission of bids or
the placing of orders. This record, while so kept, shall be open to public
inspection.
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PASSED AND ADOPTED this 9th day of October , 1978,
by the following roll call vote:
AYES: Councilmen: Doetsch, Hammer, Paul , Podgorsek,
Chamberlin
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED:
etek,le P
Dean R. Chamberlin, Mayor
ATTEST:
12-7 a/Zcz/.'
By V. M. Sheehy
Deputy City Clerk