HomeMy WebLinkAbout1997-07-22; City Council; NS-413; CMC 3.28 amends - Purchasing procedures revision...1
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ORDINANCE NO. NS- NS-413
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 SECTIONS 3.28.09, 3.28.120, 3.28.130, 3.28.170, 3.28.172 AND 3.28.180 TO REVISE THE PURCHASING PROCEDURES.
The City Council of the City of Carlsbad, California, does ordain as folk
Section 1: That Title 3, Chapter 3.28 of the Carlsbad Municipal C
amended by deletion of Section 3.28.180 and by the amendment of S
3.28.090, 3.28.120, 3.28.130, 3.28.170, 3.28.172 and 3.28.180 to read as folll
3.28.090 Biddina.
(2) When the amount of an item purchased is less than five th
dollars.
3.28.1 20 Formal Biddinq Procedure.
Except as otherwise provided in this chapter, purchases of SI
services and equipment of an estimated value greater than twenty-five th
dollars shall be by written contract with the lowest responsible bidder who su
responsive bid. The twenty-five thousand dollar bid limit shall be reviewed E
and adjusted in response to the San Diego-All Urban Consumers Consumr
Index. The purchasing officer shall calculate the effect of the cumulative ck
this Index to twenty-five thousand dollars in 1997 dollars. Adjustments to the
will be made in five thousand dollar increments whenever the calculate
exceeds a previously set bid limit by more than two thousand five hundred
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I 1 The formal bidding procedures are pursuant to the following:
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3.28.130 ODen Market Procedure.
(a) Notwithstanding Section 3.28.120, the purchasing officc
purchase supplies, services and equipment in the open market pursuant
procedures established in this section. The open market procedure may be
when the estimated value of the supplies, services and equipment to be pur
is less than the dollar amount established for formal bidding, when no b
received pursuant to bid procedures established by this chapter or when
received substantially exceed the city's estimated cost for the purchase. Furtl
city council may designate types or classes of supplies, services and eql
costing more than the dollar amount established for formal bidding which I
purchased through the use of open market procedures whenever the city
finds that use of open market procedures is economically advantageous to th
3.28.170 Award and Execution of Contracts.
(a) Except in emergency situations pursuant to subsectior
Section 3.28.090, all contracts for supplies services and equipment in an
established for formal bidding or more shall be awarded by the city
Contracts for supplies, services and equipment in an estimated amount of le
the amount established for formal bidding shall be executed by the city mana
(c) The city manager may award contracts for capital outlay ite
have been approved by the city council during the budgeting process in an a
up to a limit of $100,000.
(d) The city manager shall have authority to act for the ci
aspects of public projects less than the dollar amount established for formal
and cause them to be performed by the employees for the city by force acc
negotiated contract, or by purchase order. All contracts for public projects
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than the dollar amount established for formal bidding shall be awarded by
council.
3.28.172 Execution of Change Orders and Amendments.
(a) No change in an agreement or a contract shall be made
the issuance of a written change order or amendment and no payment for ir
change shall be made unless a written change order or amendment has fil
approved and executed in accordance with this section designating in advz
work to be done and the amount of additional compensation to be paid.
(b) The city manager shall have the authority to execute
orders or amendments within authority granted by Section 3.28.170, provl
amount as revised is within the limits of that authority.
(c) Provided the funding for an agreement or a contract hi
previously approved and the expenditure of such funds authorized by
council, the city manager shall have the authority to execute change or
amendments for any such contract or agreement as follows:
(I) Change orders to public works contracts in an
equal to the contingency set at the time of the bid award.
(2) Change orders or amendments to contracts or agrc
in an amount not to exceed twenty-five percent of the original price up to 2
one hundred thousand dollars. After reviewing a large complex project,
council may by resolution authorize the city manager to approve change o
amendments in excess of the cumulative limit to an amount determined app
for such project by the council.
(d) All other change orders shall be approved by the city counc
EFFECTIVE DATE: The Ordinance shall be effective thirty days after its a'
and the city clerk shall certify to the adoption of this Ordnance and cause
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published at least once in a newspaper of general circulation in the city withir
days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsb;
Council on the 15th day of July , 1997, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held
22nd day of July , 1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and €
NOES : None
ABSENT: None
A
AP OVED AS TO FORM AND LEGALITY p-. 62. k
onald R. Ball, City Attorney 7k?99?.
Attest:
Aletha L. Rautenkranz: City Clerk \
(SEAL)
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