CC Ordinances 1425 - Amending Purchasing Procedures Chapter 3.20 ORDINANCE NO. 1425
ORDINANCE OF THE COUNCIL OF THE CITY OF CAMPBELL AMENDING
CHAPTER 3.20 OF THE CAMPBELL MUNICIPAL CODE REGARDING
PURCHASING PROCEDURES
The City Council of the City of Campbell does ordain as follows:
Section 1 : That Chapter 3.20 of the Campbell Municipal Code be amended as
set forth in Exhibit "A" attached hereto.
Section 2: That this ordinance shall become effective thirty (30) days
following its passage and adoption and shall be published once within
fifteen (15) days upon passage and adoption in the Campbell Press, a
newspaper of general circulation printed and published in the County of
Santa Clara.
PASSED AND ADOPTED this 7th day of September , 1982, by the
following roll call vote:
AYES : Councilmen: Paul, Chamberlin, Hammer, Doetsch, Podgorsek
NOES : Councilmen: None
ABSENT : Councilmen: None
ABSTAIN: Councilmen: None
APPROVED:
,e.
William R. Podgorsek, ,M, yor
ATTEST:
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Phyllis 0. Acker, City Clerk
Chapter 3.20
PURCHASING PROCEDURE
Sections:
3.20.010 Adoption of purchasing system.
3.20.020 Purchasing officer.
3.20.030 Bidding.
3.20.040 Purchase orders.
3.20.050 Formal contract procedure.
3.20.060 Open market procedure.
3.20.070 Purchase from Other Agencies.
3.20.080 Sale of obsolete personal property.
3.20.010 . Adoption of Purchasing System. In order to establish
efficient procedures for the purchase of supplies, services an.d equipment,
to secure for the City supplies, services and equipment at the lowest
possible cost commensurate with quality needed, to exercise positive
financial control over purchases., to clearly define authority for the
purchasing function and to assure the quality of purchases, a purchasing
system is adopted. (Prior .code 2225(1 )).
3.20.020 Purchasing Officer. The Purchasing Officer shall be the City
Manager or some City employee(s) delegated by the City Manager. The duties
of Purchasing Officer may be combined with those of any other office or
position(s). The purchasing office shall have authority to:
(1 ) Purchase or provide for the purchase of all materials, services,
supplies and equipment for the use of all departments, commissions and
boards comprising the City government, in accordance with the provisions
in this chapter, and such administrative rules and regulations as shall be
prescribed by the City Council or City Manager;
(2) Recommend execution of contracts for the purchase of supplies,
services and equipment;
(3) Act to procure the needed quality in supplies, services and
equipment at least expense to City;
(4) Keep informed of current developments in the file of purchasing,
prices, market conditions, services and new products;
(5) Prescribe and maintain such forms as are reasonably necessary to
the operation of this chapter and other rules and regulations;
(6) Supervise the inspection of all supplies, services and equipment
purchased to insure conformance and regulations;
(7) Recommend the transfer of surplus or unused supplies and equip-
ment between departments as needed and the sale of all supplies and
equipment which cannot be used by any agency or which have become
unsuitable for. City use;
(8) Maintain a Bidder's List, vendor's catalogue file and records
needed for the efficient operation of the purchasing office. (Prior Code
No. 2225(2)).
3.20.030 Bidding. Purchases of supplies, services and equipment shall
be by bid procedures pursuant to Sections 3.20.050 and 3.20.060. Bidding
shall be dispensed with only when an emergency requires that an order be
placed with nearest available source of supply when the amount involved is
less than $500 or when the commodity can be obtained from only one vendor.
(Prior Code No. 2225(4)).
3.20.040 Purchase orders. Purchase of supplies, services and equip-
ment shall be made only by purchase order, except those purchased under
approved petty cash procedures. (Prior Code No. 2225(5)).
3.20.050 Formal Contract Procedure. Except as otherwise provided in
this chapter, purchases and contract for supplies, services and equipment
of estimated value greater than $5,000 shall be by written contract with
the lowest responsible bidder pursuant to the procedure prescribed herein
as follows:
(1 ) Aproval 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) Bidder' s List. The requesting department shall also solicit
sealed bids from all responsible prospective suppliers whose names are on
the bidder' s list or who have requested their names to be added thereto.
(C) Bulletin Board. The requesting department 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 successful 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 responsible
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.
(4) Bid Opening Procedure. 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 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.
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(5) Tabulation 'of-Birds. The requesting department 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
approval 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. I,f the City Council requires a performance bond, the form and amount
of the bond shall be described in the notice inviting bids. (,ord. 1198
(part), 1978: prior Code No. 2225(6)).
3.20.060 Open market procedure. 'Purchases of supplies, contractual
services and equipment of an estimated value in the amount of $5,000 or
less may be made by the requesting department in the open market without
observing the procedure prescribed by. Section 3.20.050. Provisions of
this section are meant to include only routine contractual services, and
not the hiring of consulting engineers for the development of local improve-
ment 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 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 requesting department may solicit
bids bydirect mail request to prospective'vendors or by telephone.
The requesting department 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. (Ord. '1198. (part), 1978:. Prior Code No.
2225(7)).
3.20.070 Purchases from Other Agencies. The requesting department
may purchase supplies or equipment directly from the State Purchasing
Department or: Santa Clara County Purchasing without following the above
bid procedures. Purchase`orders shall beissued for such transactions.
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3.20.080 Sale of. Obsolete Personal .Property. The Police Department
shall sell worn-out, scrap or obsolete personal property, or exchange the
same for, or trade in the same on new supplies and equipment, including
property of all departments by soliciting bids.. If the value of the
property to be sold is of a value of $200 or less, the sale shall be
approved by the City Manager. In the event the value of the property to
be sold is .more than $200, the sale shall be subject to the approval of
the City Council. A list of City property which is sold or traded shall
be provided to the Finance Department for equipment inventory/audit
purposes. Prior Code No. 2225(8)).
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