HomeMy WebLinkAboutORD 224ORDINANCE NO. 224
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ESTABLISHING PURCHASING POLICIES AND PROCEDURES.
The City Council of the City of Palm Desert, California, does
HEREBY ORDAIN as follows:
SECTION 1. PURPOSE AND INTENT: The purpose of this ordinance is to
prescribe policies and procedures for the procurement of materials, supplies,
equipment and contractual services for the City of Palm Desert, California.
SECTION 2. DEFINITIONS: The following terms, whenever used in this
Ordinance, shall be construed as follows:
A. "Department or Agency." Any department, agency, commission,
bureau, or other unit of the City government whose affairs and funds
are under the supervision and control of the City Council.
B. "Materials, Supplies and Equipment." Any and all articles, things,
or personal property furnished to be used by any City agency.
C. "Contractual Services." Any and all services including but not
limited to repairs, maintenance and rental. The term does not
include services rendered by City officers or employees.
D. "Responsible Bid." An offer submitted by a responsible bidder
to furnish materials, supplies or equipment, or to render services
in conformity with the specifications, delivery terms and conditions
and other requirements included in the invitation for bids.
E. "Responsible Bidder." A bidder who submits a responsible bid and
who is financially responsible and has the resources, judgement, skill,
ability, capacity and integrity necessary to perform the contract
according to its terms.
F. "Lowest Responsible Bidder." The bidder submitting the lowest
price after consideration of:
1.) The ability, capacity and skill of the bidder to perform the
contract;
2.) The character, integrity, reputation, judgement, experience,
efficiency, and record of performance of the bidder;
3.) The sufficiency of the financial resources of the bidder to
perform the contract;
4.) The quality, availability and adaptability of the materials,
supplies, equipment or services to the particular use required;
5.) The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract;
6.) The number and scope of any conditions attached to the bid.
G. "Purchasing Officer." The City Manager or any officer or employee
of the City so designated by the City Manager.
H. "Purchasing." The procurement of materials, supplies, equipment
and contractual services needed by the City.
SECTION 3. DESIGNATION AND SCOPE: The purposes of the purchasing
function are:
A. The purchase or contract for materials, supplies equipment and
contractual services required by departments or agencies in
accordance with the policies and procedures prescribed by this
Ordinance and applicable laws, and in accordance with such other
rules and regulations as shall be prescribed by the City Council,
City Manager or Purchasing Officer.
B. To negotiate and recommend execution of contracts for the
purchase of those materials, supplies, equipment and contractual
services for which the cost requires award by the City Council
as hereinafter provided.
C. To procure the needed materials, supplies, equipment and
contractual services at the least expense to the City.
D. To discourage uniform bidding and endeavor to obtain as full
and open competition as possible on all purchases.
E. To maintain bidder's lists and such other files and records
that are needed for the efficient purchasing of materials,
supplies, equipment and contracted services.
SECTION 4. PURCHASING PROCEDURE: The Purchasing Officer or any
department or agency head so authorized by the City Manager may purchase or
contract for any materials, supplies, equipment and contractual services in
accordance with the provisions of this Ordinance and applicable laws. All
purchases shall be by written purchase order or contract as the case may
require. No purchase order or contract shall be issued unless the Director
of Finance shall have first certified that there exists an adequate unencum-
bered balance of the appropriation(s) to be charged with the cost of order
or contract.
SECTION 5. PURCHASES OF LESS THAN $500: Purchases of materials,
supplies, equipment and contractual services having a total estimated value
of less than $500.00 may be made without formal or informal bidding.
SECTION 6. PURCHASES OF $500 to $5,000: Purchases of materials,
supplies, equipment and contractual services having an estimated value between
$500.00 and $5,000.00 may be made in the open market provided that:
A. Notice of Inviting Bids. Bids shall be solicited by written
requests to prospective bidders, or by telephone, and by posting
a notice on a public bulletin board at the City Hall;
B. Record of Bids. A written record of all open market bids and
purchases shall be kept for a period of one year. This record
shall be open to public inspection.
C. Award of Bids. Award of purchases made under this section shall
be to the lowest responsible bidder.
SECTION 7. PURCHASES OF MATERIALS, SUPPLIES AND EQUIPMENT EXCEEDING
$5,000: Except as otherwise provided herein, purchases of materials, supplies
and equipment having a total estimated value of more than $5,000.00 shall be
made by formal contract awarded by the City Council pursuant to the procedure
hereafter prescribed, and all the applicable provisions of Section 37902,
et. seq., of the California Government Code.
A. Notice Inviting Bids. Notices inviting bids shall include a
general description of the articles or services to be purchased,
shall state where bid blanks and specifications may be secured,
and the time and place for opening bids.
1. Published Notice. Notices inviting bids shall be published
at least ten 10 days before the date of opening of the bids.
Notices shall be published at least once in a newspaper of general
circulation, printed and published in the Coachella Valley.
Notices inviting bids for Public Works Projects shall be published
at least twice, not less than five days apart.
2. Bidder's List. Sealed bids shall also be solicited from
responsible suppliers whose names are on the Bidder's List or
who have made written requests that their names be added
thereto.
3. Bulletin Board. Public notices inviting bids shall also be
posted on a public bulletin board atthe City Hall.
B. Bidder's Security. When it is deemed necessary, bidder's
' security may be prescribed in the public notices inviting bids.
Bidders shall be entitled to return of bid security; provided,
however, that a successful bidder shall forfeit his bid security
upon his refusal or failure to execute the contract within ten
(10) calendar days after "Notice of Award of Contract" has been
mailed, unless the City is solely responsible for the delay in
executing the contract. The City Council may, on refusal or
failure of the successful bidder to execute the contract, award
it to the next lowest bidder, in which case 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.
In lieu of accepting the second lowest bid, the City Council may
reject all bids and re -advertise.
C. 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 notices. A tabulation of all bids received shall be open
for public inspection during regular business hours for a period
of not less than fifteen (15) calendar days after the bid opening.
D. Rejection of Bids. At its discretion, the City Council may
reject any and all bids presented and re -advertise for bids.
E. Award of Contracts. Contracts shall be awarded by the City
Council to the lowest responsible bidder except as otherwise
provided herein.
F. Tie Bids. If two or more bids received are for the same total
amount or unit price, quality and 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.
G. Performance Bonds. The City Council shall have authority to
require a performance bond before entering a contract in such an
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.
,r
SECTION 8. EMERGENCY PURCHASES: While the need for occasional'
emergency purchases is recognized, the practice must be curtailed as much as
possible by anticipating needs so that the normal purchasing procedure may
be used.
A. An emergency shall be deemed to exist if:
1. There is a great public calamity;
2. There is immediate need to prepare for national or local
defense;
3. There is a breakdown in machinery or an essential service
which requires the immediate purchase of supplies or services
to protect the public health, welfare or safety;
4. An essential departmental operation affecting the public
health, welfare or safety would be greatly hampered if the
prescribed purchasing procedure would cause an undue delay in
procurement of the needed item or service.
B. In the case of an emergency which requires the immediate purchase
of materials, supplies, equipment or contractual services, the
City Manager may authorize the Purchasing Officer to obtain any
goods or services without regard to the provisions of this Ordinance,
provided that a written public record shall be kept showing the
nature of the emergency and the City Manager's authorization to
proceed under the provisions of this section.
SECTION 9. EXEMPTIONS: The purchasing or contracting for
professional services and for other materials, supplies, equipment and
contractual services, which by their nature are unique or not subject
to competition shall not be subject to the bidding requirements of this
Ordinance, provided that the department or agency shall first obtain the
approval of the City Council for exemption.
The City Clerk is directed to publish this ordinance once in
the Palm Desert Post, a newspaper of general circulation, published and
circulated in the City of Palm Desert, and shall certify to the passage and
adoption of this ordinance, and the same shall be in full force and effect
thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED this 26th day of June, 1980,
by the following vote, to wit:
AYES: McPherson, Newbrander, Puluqi, Snyder and Wilson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SHEILA R, GILtIGAN, City' Clerk
City of Palm Desert, C&lifornia