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HomeMy WebLinkAboutORD 928ORDINANCE NO. 928 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING CHAPTER 3.32 OF SAID CITY DEALING WITH PURCHASING POLICIES AND PROCEDURES. The City Council of the City of Palm Desert, California does hereby ordain as follows: Section 1. That Section 3.32.060 being the same is hereby modified and amended to read as follows: "3.32.060 Purchases of $1000 to $10,000. Purchases of materials, supplies, equipment and contractual services, having an estimated value between $1000 and $10,000 may be made in the open market provided that A. Notice of Inviting Bids. Bids shall be solicited (1) by written request to prospective bidders or (2) by telephone and by posting a notice on a public bulletin board at city hall or published in newspaper of general circulation in the city at least five (5) days prior to such purchase. B. Record of Bids. A written record of all open market bids and purchases shall be kept for a period of one (1) year. This record shall be open to public inspection. C. Award of Bid. Award of purchases may be made under this section shall be to the lowest responsible bidder, except as otherwise provided in this Chapter. D. Exemption. The city manager shall be authorized to approve the purchases made under this section in those cases where he deems it not feasible to follow prescribed bidding procedures." RMPUBOJE1104605 1 / 12/00 ORDINANCE NO. 928 Section 2. That Section 3.32.065 being the same is hereby added to the Code of the City of Palm Desert, California to read as follows: "3.32.065 Purchases of $10,000 to $25,000. Purchases of materials, supplies, equipment and contractual services, having an estimated value between $10,000 and $25,000 may be made in the open market provided that: A. Notice of Inviting Bids. Bids shall be solicited by written request to prospective bidders and by posting a notice on a public bulletin board at city hall. B. Record of Bids. A written record of all open market bids and purchases shall be kept for a period of five (5) years. This record shall be open to public inspection. C. Award of Bid. Award of purchases may be made under this section shall be to the lowest responsible bidder, except as otherwise provided in this Chapter. D. Exemption. The city manager shall be authorized to approve the purchases made under this section in those cases where he deems it not feasible to follow prescribed bidding procedures such as emergencies, floods, etc." Section 3. Section 3.32.070 be and the same is hereby amended to read as follows: "3.32.070 Purchases of Materials, Supplies and Equipment Exceeding Twenty -Five Thousand Dollars. Except as otherwise provided herein, purchases of materials, supplies, equipment and contractual services having a total F-WUB\DJE\104605 -2- 1/12/00 ORDINANCE NO. 928 estimated value of more than twenty-five thousand dollars shall be made by formal contract awarded by the city council pursuant to the procedure hereafter prescribed. 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 (5) 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 at the 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 orfailure to execute the contract within ten 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 RMPUB\DJE\104605 -3- 1/12/00 ORDINANCE NO. 928 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. 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 following their presentation to the city council. D. Rejection of Bids. At its discretion, the city council may reject any and all bids presented and readvertise for bids, or take any other action deemed appropriate to obtain the services, materials, supplies or equipment. 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 or total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising 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." RMPUB\DJE\104605 -4- 1/12/00 ORDINANCE NO. 928 Section 4. Section 3.32.100 be and the same is hereby added to the Code of the City of Palm Desert, California to read as follows: "3.32.100 Purchase for Resale. The purchasing office may by adopting a procedure approved by the city manager, purchase and/or authorize the purchase of materials, supplies, equipment for resale from such enterprises as the golf course, or visitor's center to obtain the best possible price for the desired merchandise." Section 5. Section 3.32.110 be and the same is hereby added to the Code of the City of Palm Desert, California to read as follows: "3.32.110 Purchase for Recurring Charges. By adopting a procedure approved by the city manager, the purchasing office may purchase and/or authorize the purchase of materials, supplies, equipment for ongoing cleanup, maintenance and different routine items that are of a continuing nature for ongoing activities such as the housing authority and/or the management company dealing with the housing authority and other similar services or supplies needed or that may be needed on a recurring basis and for potentially a period longer than the fiscal year of the city." Section 6. The city clerk shall certify the adoption of the Ordinance and shall cause the same to be published once in a newspaper of general circulation printed within the City of Palm Desert, California. It shall be in full force and effect thirty (30) days after its adoption. RMPUB\DJEA04605 -5- 1/12/00 ORDINANCE NO. 928 PASSED, APPROVED AND ADOPTED this 27 day of January , I2o9U by the City Council of the City of Palm Desert, California, by the following vote, to wit; AYES: Benson, Ferguson, Kelly, Spiegel, Crites NOES: None ABSENT: None ABSTAIN: None BUFOR". CRITES, Mayor City of alm Desert, California ATTEST: By RACHELLE D. EN, ICTING CITY CLERK City of Palm Desert, California APPROVED AS TO FORM: By DAVID 1. ER N, City Attorney City of Palm Desert, California RMPUB\DJE\104605 -6- 1/I2/00