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Home My WebLink AboutCC Ordinance 465ORDINANCE NO. 46- BEING AN ORDINANCE AMENDING SECTION 2225 OF CHAPTER 2, ARTICLE II OF THE CAMPBELL MUNICIPAL CODE ADOPT- ING A PURCHASING SYSTEM AND ESTABLISHING THE OFFICE OF PURCHASING AGENT, AND PROVIDING FOR RULES AND REGU- LATIONS FOR THE PURCHASE AND SALE OF SUPPLIES, SERV- ICES AND EQUIPMENT. THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS: THAT SECTION 2225 OF CHAPTER 2, ARTICLE II OF THE CAMPBELL MUNICIPAL CODE BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: SECTION 2225. PURCHASING PROCEDURE. 1. ADOPTION OF PURCHASING SYSTEM. In order to establish efficient procedures tor the purchase o supplies, services and 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 de- fine authority for the purchasing function and to assure the qual- ity of purchases, a purchasing system is hereby adopted, 2. PURCHASING OFFICER, The Purchasing Officer shall be the City Manager or some City Employee delegated by the City Manager. The duties of Purchasing Officer may be combined with those of any other office or position. The Purchasing Office shall have authority to: (a) Purchase or provide for the purchase of all mater- ials, services, supplies and equipment for the use of. all Departments, Commissions and Boards comprising the City Government, in accordance with the provisions as herein provided, and such administrative rules and regulations as shall be prescribed by the City Council or City Manager. (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment. (c) Act to procure the needed quality in supplies, serv- ices and equipment at least expense to City. (d) Keep informed of current developments in the file of Purchasing, prices, market conditions, services and new products. (e) Prescribe and maintain such forms as are reasonably necessary to the operation of this Ordinance and other rules and regu- lations. (f) Supervise the inspection of all supplies, services and equipment purchased to insure conformance and regulations. (g) Recommend the transfer of surplus or unused supplies and equipment 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. (h) Maintain a Bidder's List, Vendor's Catalogue file and records needea sor the efficient operation of the Purchasing Office. 3. RE iU SIITTI.00S AND ESTIMATES. All using agencies of the City shall fi e wit t e Purchasing Micer detailed estimates of their requirements in supplies, services, materials and equipment in such manner, at such time, and for such periods as the City Mana- ger shall prescribe. The requirement for preparing estimates shall in no way prevent any using agency from filing with the Purchasing Officer a requisition for any supplies, materials, services or equip- ment the need for which was not foreseen when the detailed estimates were filed. 4. BIDDING. Purchases of supplies, services and equip- ment shall be bTiJ procedures pursuant to Sections 6 and 7. Bid- ding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, when the amount involved is less than $100.00, or when the commodity can be obtained from only one vendor. 5. PURCHASE ORDERS. Purchase of supplies, services and equipment shall be made only by Purchase Order, except those pur- chased under approved petty cash procedures. 6. FORMAL CONTRACT PROCEDURE. Except as otherwise pro- vided herein, purchases and contracts for supplies, services and equipment of estimated value greater than $2,000.00 shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed herein. (a) Aperoval of Specifications. Specifications shall be approved by the City Council, the original of which shall be filed in the Office of the City Clerk. (b) Notice Inviting Bids. The notice inviting bids shall be advertise upon t e aut on y 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 specifi- cations may be secured, form and amount of Performance Bond if re- quired, and the time and place for opening bids. (1) Published Notice. Notice inviting bids shall be published one time in a newspaper of general circulation in the City of Campbell. (2) Bidder's List. The Purchasing Office shall also solicit sealed bids from all responsible prospective suppliers -2- whose names are on the Bidder's List or who have requested their names to be added thereto. (3) Bulletin Board. The Purchasing Officer shall also advertise pending purc as es by a notice posted on a pub- lic bulletin board in the City Hall. (c) Bidder's Security. The Notice for Invitation a an for Bids shall prescri 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 forfiet his bid security upon refusal or failure to execute the contract within ten (10) days after the award of con- tract has been mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bid- der to execute the contract, award it to the next lowest respon- sible 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. (d) 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 avail- able at all times for public inspection from the time they are open- ed until the award has been made by the City Council. (e) 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. (f) Award of Contracts. Contracts shall be awarded by the City Council to the owest responsible bidder except as otherwise provided herein. (g) Rejection�of Bids. In its discretion, the City Council may reject any and aTTITIds 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 pur- chase by City Council. (h) 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 -advertis- ing 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. (i) Performance Bonds. The City Council shall have authority to require a per ormance bond before entering a contract in such amount as it shall find reasonably necessary to protect the -3- best interests of the City. If the City Council requires a perform- ance bond, the form and amount of the bond shall be described in the notice inviting bids. 7. OPEN MARKET PROCEDURE. Purchases of supplies, contrac- tual services and equipmen o an estimated value in the amount of $2,000.00 or less may be made by the Purchasing Officer in the open market without observing the procedure prescribed by Section 6. (a) 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. (b) Notice Inviting Bids. The Purchasing Officer may solicit bids by 3irect mail request to prospective vendors or by telephone. The City Purchasing Officer shall keep a record of all open market orders and bids submitted thereon for a period of one (1) year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspection. 8. SALE OF OBSOLETE PERSONAL PROPERTY. The Purchasing Officer shall sell worn-out, scrap, or o so ete 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 TWO HUNDRED DOLLARS ($200.00), 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 TWO HUNDRED DOLLARS ($200.00), the sale shall be subject to the approval of the City Council. PASSED AND ADOPTED this 24th day of August 19649 by the following vote: AYES: Councilmen: Doetsch, McElroy, Rogers, Smeed, Rose NOES: Councilmen: None ABSENT: Councilmen: None APPROVED: aY es ose, ayor. ATTEST: Doro`o py Trevet an, City Vlerk. -4-