Ordinance Number 550181
ORDINANCE NO. 550
AMENDMENT TO TITLE 3 OF THE MUNICIPAL CODE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING MUNICIPAL CODE SECTION
3-4.303 RELATING TO BIDDING PROCEDURES AND
SECTION 3-4.306 RELATING TO FORMAL BID
PROCEDURES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Municipal Code Section 3-4.303 entitled "Bidding," of
Title 3, "Finance," Chapter 4 "Procurement Procedures," is hereby
amended as follows:
"Section 3-4.303
Bidding.
"Purchases of supplies and equipment shall be by bid
procedures hereinafter provided. The City Manager
shall have discretion to conduct sale of personal
property in accordance with the formal bid procedure
set forth in Section 3-4.306 as the Manager deems
appropriate."
SECTION 2.
Municipal Code Section 3-4.306 entitled "Formal
Contract Procedure," of Title 3 "Finance," Chapter 4,
"Procurement Procedures," is hereby amended as follows:
"Section 3-4.306. Formal Bid Procedure.
"Except as otherwise provided in this Chapter, purchases
and contracts for supplies, equipment, and other
personal property having a value greater than $5,000.00
shall be subject to the following formal bid procedure:
"(a) Notices inviting bids. Notices inviting bids
shall include a general description of the
articles to be purchased or sold, shall state
where bid blanks and specifications may be
secured, and the date, time, and place for opening
bids.
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"The first publication or posting of the notice
inviting bids shall be given at least ten (10)
days before the date of opening the bids. The
notice shall be published at least twice, not less
than five (5) days apart, in a newspaper of
general circulation, printed and published in the
City, or, if there if none, the notice shall be
posted in at least three (3) public places in the
City which have been designated by ordinance as
the places for posting public notices.
"(b) Bidder's security. When deemed necessary by the
Purchasing Officer, bidder's security may be
prescribed in the public notices inviting bids.
Bidders shall be entitled to the return of bid
security; provided, however, a successful bidder
shall forfeit his bid security upon his refusal or
failure to execute the contract within fifteen
(15) days after the notice of the award of the
contract has been mailed unless in the latter
event the City is solely responsible for the delay
in executing the contract. The Council, on the
refusal or failure of the successful bidder to
execute the contract, may award it to the next
lowest responsible 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 for a period of not
less than thirty (30) calendar days after the bid
opening.
"(d) Rejection of bids. In its discretion, the Council
may reject any and all bids presented and
re -advertise for bids pursuant to the procedure
prescribed in this Section.
"(e) Award of contracts. Except as otherwise provided
in this Section, contracts shall be awarded by the
Council to the lowest responsible bidder.
"(f) Tie bids. If two (2) 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 Council, in its
discretion, may accept the bid it chooses or
accept the lowest bid made by and after
negotiation with the tie bidders at the time of
the bid opening.
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"(g) Performance bonds. The Council shall have the
authority to require a performance bond before
entering into a contract in such amount as the
Council shall find reasonably necessary to protect
the best interests of the City. If the Council
requires a performance bond, the form and amount
of the bond shall be described in the notice
inviting bids.
"(h) Exceptions to formal bid procedure. There shall
be no formal bid procedure required in the
acquisition of supplies, equipment, and other
personal property under the following
circumstances:
"(1) Where a commodity can be obtained only from
one vendor; or
"(2) Where the acquisition of supplies, equipment
and other personal property is necessitated
by reason of emergency circumstances; or
"(3) Where the City Manager has presented evidence
to the City Council showing that adherence to
a bid procedure would not produce the most
economically feasible result, or where the
bid procedure would cause acquisition of
a product having less utility to the City
than other known products in the market
place. Concurrence by the City Council shall
exempt the particular subject matter from
formal bid requirements of this Chapter."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published once as required by
law and posted at the duly designated posting places within the
City of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPTED this 20th day of
August , 1985.
PHILL R. SCHWARTZE, YOR
ATTEST:
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CITY C RK / !%
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 550 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on August 6 1985 , and
adopted at a meeting held on August 20 . 1985 , by the
following vote:
AYES: Councilmen Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
ABSTAIN: Councilman Frie
(SEAL) /
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MARY ANOVER, CITY ERK
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