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Home My WebLink About1982-04-20; City Council; 1249; CMC 3.28 amends - Purchasing procedures revised1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO REVISE THE CITY PURCHASING PROCEDURES. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION: 1: That Title 3, Chapter 3.28 of the Carlsbad Municipal Code is amended by the Amendment of Section 3.28.090 to read as follows: 3.28.090 Bidding. Purchases of supplies, services and equipment shall be by bid procedures pursuant to the Chapter. Bidding may be dispensed with: requires that an order be placed with the nearest available source of supply; or (2) When the amount of an item purchased is less than five hundred dollars; or (3) When the City Council finds that the commodity can be obtained from only one vendor; or (4) When the commodity is required to match or be com- patible with other furnishings, materials or equipment presently on-hand and is to be purchased from the supplier of such on-hand items; or (5) When services are involved which will be performed entirely by City forces; or (6) When the provisions of Sections 3.28.130, 3.28.140 or 3.28.150 are applicable. (1) When the City Manager determines that an emergency SECTION 2: That Title 3, Chapter 3.28 of the Carlsbad Municipal Code is amended by the amendment of Section 3.28.120 to read as follows: 3.28.120 Formal bidding procedure. Except as otherwise provided in this Chapter, purchases of supplies, services and equipment of an estimated value greater than ten thousand dollars shall be by written contract with the lowest responsible bidder who submits a responsive bid pursuant to the following procedure: once, ten days before the date of opening of the bids, in a news- paper of general circulation in the City of Carlsbad, printed and published in the County of San Diego. Notices inviting bids shall include a general description of the articles to be pur- chased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. (1) Notices inviting bids shall be published at least 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have made a written request that their names be added thereto, or as known to the purchasing officer. purchases by a notice posted on a public bulletin board in City Hall. (4) When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notices in- viting bids. Bidders shall be entitled to return of bid secu- rity; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten days after the 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 re- fusal 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 contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented, due to the failure of the successful bidder to execute the contract, and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder. (5) Sealed bids shall be submitted to the purchasing officer and shall be so identified on the envelope. Bids shall be opened in public at the time and place stated in the public notices inviting the bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening. (6) In its discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure hereinabove prescribed. in the event no bids are re- ceived or that all bids substantially exceed the City estimate of cost for the purchase, the City Council may reject all bids and direct the purchasing officer to proceed pursuant to Sections 3.28.130 or 3.28.140. (3) The purchasing officer shall also advertise pending (7) 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 readvertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening. ance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (8) The City shall have authority to require a perform- 2 1 2 3 4 5 E 'i E z 1( 1: 1: 1: 1 1 1 1 1 1 2 E i 2 2 2 : : 4 4 SECTION 3: That Title 3, Chapter 3.28 of the Carlsbad Municipal Code is amended by the amendment of Section 3.28.130 to replace "five thousand dollars" with the term "ten thousand dollars" in the first sentence thereof. SECTION 4: That Title 3, Chapter 3.28 of the Carlsbad Municipal Code is amended by the amendment of Section 3.28.140 to read as follows: 3.28.140 Competitive negotiations. The purchasing officer may authorize the purchase of highly technical supplies equipment by competitive negotiations when: technical or preformance specifications are not readily (1) The supplies or equipment are such that suitable or available; or cations; or tageous to the City. (2) The City is not able to develop descriptive specifi- (3) The proposals for the purchase would be more advan- When the purchases are made by competitive negotiations, the best offer, as judged against proposal evaluation criteria shall be accepted. The use of competitive negotiations is not intended to be used for the purpose of avoiding the bidding procedures as set forth in this Chapter. SECTION 5: That Title 3, Chapter 3.28 of the Carlsbad Municipal Code is amended by the addition of Section 3.28.150 to read as follows: 3.28.150 Professional services. Request for proposals shall be used when the services of attorneys, accountants, archi- tects or specialized consultants are needed. Whenever possible at least three proposals shall be received for the professional service needed. The purchasing officer may waive the requirements for solicitation of multiple proposals if only one individual or firm can provide the professional service. The selection of the professional shall be based upon an analysis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the service required as well as the cost of the service. SECTION 6. That Title 3, Chapter 3.28 of the Carlsbad Municipal Code is amended by the renumbering of Sections 3.28.150 and 3.28.170 to 3.28.160 and 3.28.180, respectively. 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 SECTION 7: That Title 3, Chapter 3.28 of the Carlsbad Municipal Code is amended by the amendment and renumbering Sections 3.28.160 as follows: 3.28.170 Award and execution of contracts. Except in emergency situations, pursuant to Subsection 1 of Section 3.28.090, all contracts for supplies, services and equipment in an estimated amount of ten thousand dollars, or more, shall be awarded by the City Council. Contracts for supplies, services and equipment in an estimated amount of less than ten thousand dollars shall be executed by the City Manager. The City Manager may award contracts in an amount of less than twenty-five thousand dollars when the study or project is financed from deposits provided by persons or ogranizations other than the City which are held in trust by the City and when the City's share of the cost is less than five thousand dollars. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 6th day of Ape1 , 19 82 and thereafter I I 4 PASSED AND ADOPTED at a meeting of said City Council held on the 20th day of April 9 19 82 9 by the following vote, to wit: AYES : Council Menhers Packard, Casler, Anear, Lewis NOES: Nme ABSENT: council Menher Kulchin /-' ~ Ronald C. Packard, Mayor 16 17 18 ATTEST: 20 21 5