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Ordinance Number 83438S ORDINANCE NO. 834 AMENDING TITLE 3 OF THE MUNICIPAL CODE - PROCUREMENT PROCEDURES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 4, "PROCUREMENT PROCEDURES," OF TITLE 3, "FINANCE," OF THE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Code Amendment. Chapter 4, 'Procurement Procedures," of Title 3, "Finance," of the Municipal Code is hereby amended in its entirety to read as follows: "Chapter 4. Procurement Procedures "Article 1. General Provisions "Section 3-4.101. Adoption of purchasing system. "In order to establish efficient procedures for the purchases of supplies and equipment, to secure for the City supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is hereby adopted in accordance with Section 54202 of the Government Code of the State of California. "Section 3-4.102. Local purchasing system. "In accordance with the provisions of Sections 54202 through 54205 of the Government Code of the State, the policies and procedures adopted by the State, and the policies and procedures adopted by subsequent rules and resolutions have been adopted. The authority for the purchases of supplies, equipment and services is vested in a Purchasing Officer, and the procedures and policies contained in this Chapter, as well as in supplemental rules and resolutions, shall hereafter be followed in respect to the purchase of supplies and equipment, unless the provisions of Section 3-4.202 of Article 2 of the Chapter should apply. "Article 2. Delegation of Authority. "Section 3-4.201. Purchasing Officer. "The City Manager, or his designee, shall serve as the Purchasing Officer. The Purchasing Officer shall have authority to: -1- M "(a) Purchase or contract for the supplies and equipment required by any using department in accordance with the purchasing procedures prescribed by this Chapter, such administrative regulations as the Purchasing Officer shall adopt, and such other rules and regulations as shall be prescribed by the Council; "(b) Negotiate and recommend the execution of contracts for the purchases of supplies and equipment; "(c) Act to procure for the City the needed quality in supplies and equipment at the least expense to the City; "(d) Encourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; "(e) Prepare and recommend to the Council rules governing the purchase of supplies and equipment for the City. "(f) Prepare and recommend to the Council revisions and amendments to the purchasing rules; "(g) Keep informed of current developments in the field of purchasing prices, market conditions, and new products; "(h) Prescribe and maintain such forms as are reasonably necessary to the operation of this Chapter and other applicable rules and regulations; "(i) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications; 110) Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale or disposition of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use; and, "(k) Maintain a bidders' list, vendors' catalog file, and the records needed for the efficient operation of the Purchasing Division. "Section 3-4.202. Exemptions from centralized purchasing. "The Purchasing Officer, with the approval of the Council, may authorize, in writing, any department to purchase specified supplies and equipment, but shall require that such purchases be made in conformity with the procedures established by this Chapter and the provisions of Sections 54201 through 54204 of the Government Code of the State, and may further require periodic reports from the departments on the purchases made under such written authorization. -2- 387 "Section 3-4.203. Definitions. "For the purposes of this Chapter, the words and terms set forth below shall be construed in accordance with the following definitions: "(a) `Budgeted' shall mean the amount of appropriations within a fund adof ted for expenditure by the City Council. "(b) `Commodity' shall mean supplies, materials and equipment. "(c) `Fixed Asset' shall mean any non -real estate property or non -consumable item with an estimated useful life of over 5 years and a unit cost of five hundred dollars ($500.00) or more. "(d) `Formal Bid Process' shall mean the public bidding process used for purchases of supplies, equipment or services having a value greater than ten thousand dollars ($10,000). The process requires a public notice of intent to bid, availability of specifications and bid opening, public access to the results of the process, and Council approval of bid award. The same process is used for Requests for Proposals/Qualifications. `Services' means customary menial labor (e.g. repairmen) not normally associated with certificated skills. "(e) `Open Market Process' shall mean the process of gathering competitive bid and price information regarding a purchase, either by verbal or written quotes/bids. The type and amount of the purchase determines how the bid process should be completed. "(f) `Personal Service Contracts' shall mean contracts which encompass all personal services with or without materials. Categories of service contracts include, but are not limited to, professional services, crafts, facilities and equipment services, but shall not include those services set forth in subpart (d). "(g) `Sole Source' shall mean an award for a commodity or service that can feasiblely be obtained from only source only. "Article 3. Purchasing Procedures "Section 3-4.301. Requisitions. "Using departments shall submit requests for supplies and equipment to the Purchasing Officer by standard requisition forms. "Section 3-4.302. Purchase orders. "Purchases of supplies and equipment in excess of five hundred dollars ($500.00) shall be made only by purchase order. Purchases which have a total value of five hundred dollars ($500.00) or less shall be made utilizing petty cash, check request or other processes as defined by -3- ! the Purchasing Officer. Except as otherwise provided in this Chapter, no purchase order shall be issued unless the prior approval of the Purchasing Officer or designated representative has been obtained. "Section 3-4.303. Encumbrance of funds. "Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies and equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged. "Section 3-4.304. Bidding. "Purchases of supplies and equipment shall be by bid procedures as provided in this Article. The City Manager shall have discretion to conduct sales of personal property in accordance with the formal bid procedure set forth in Section 3-4.401 of this Article as the City Manager deems appropriate. "Section 3-4.305. Formal bidding procedure. "Except as otherwise provided in this Chapter, purchases and contracts for supplies and equipment having a value greater than ten thousand dollars ($10,000.00), 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 forms and specifications may be secured, and the date, time, and place for opening bids. The publication or posting of the notices inviting bids shall be given at least ten (10) days before the date of opening bids. The notice shall be published in a newspaper of general circulation, printed and published in the City, or, if there is none, the notice shall be posted in at least three (3) public places in the City which have been designated by resolution 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 Purchasing Officer, 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, or staff member designated by the bid specification, 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. -4- "(d) Rejection of bids. In its discretion, the City 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 City Council to the lowest responsible bidder. "(f) Tie bids. If two (2) or more bids received are for the same total amount, with price, quality and services being equal, and if the public interest will not permit the delay of re - advertising for bids, the City Council 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. "(g) Exceptions to the formal bid procedure. There shall be no formal bid procedure required for purchases of supplies, equipment, and other property under the following circumstances: "(1) Where a commodity can reasonably be obtained only from one vendor; or "(2) Where the acquisition of supplies, equipment and other property is necessitated by reason of emergency circumstances; or "(3) When the City has a contract with another governmental agency to purchase a particular item or service on a cooperative basis; or, "(4) Where the City Manager has presented evidence to the Council showing that adherence to a bid procedure would not produce the most economically -feasible result or where the bid procedure would ca, --:;e the acquisition of a product having less utility to the city than other known products in the market place. Concurrence by the Council shall exempt the particular subject matter from the formal bid requirements of this Chapter. "Section 3-4.306. Personal services. "Acquisition of personal services, including professional consulting services, shall not be governed by any provision of this C hapter. Rules governing acquisition of personal services shall be established by Council Policy. "Section 3-4.307. Open market process. "Purchases of supplies and equipment of an estimated value in the amount of ten thousand dollars ($10,000.00) or less may be made by the Purchasing Officer in the open market process without adhering to the procedure prescribed by Section 3-4.305, within the following guidelines: "(a) Minimum number of bids. Open market purchases shall, whenever possible, be based on at least three bids; -5- "(b) Soliciting bids. The using department shall solicit bids from prospective vendors by written request or telephone request. "(c) Award of purchase. Open market purchase shall be awarded to the lowest responsible bidder as determined by the Purchasing Officer. "Section 3-4.308. Inspections and testing. "The Purchasing Officer shall inspect supplies and equipment and related services to determine their conformance with the specifications set forth in the order or contract. The Purchasing Officer shall have the authority to require chemical and physical tests of samples submitted with bids and samples delivered which are necessary to determine their quality and conformance with specifications. "Article 4. Miscellaneous Provisions "Section 3-4.401. Surplus supplies and equipment. "All departments shall submit to the Purchasing Officer at least annually a report describing all supplies, equipment, materials, fixtures and other personal property of the City which is deemed to be surplus or which has become obsolete or unserviceable. "(a) The Purchasing Officer, with the approval of the City Manager, is authorized from time to time to sell or exchange any and all supplies, equipment, materials, fixtures, and other personal property of the City having a salvage value and which is obsolete or unserviceable, or is deemed to be surplus for which replacements are to be purchased. The Purchasing Officer may sell the same for the best price obtainable in the open market, or, when it is deemed advisable, to the highest bidder at a public sale, or the Purchasing Officer may exchange the same for other property or for credit on other property. "(b) If the Purchasing Officer determines that any such obsolete, unserviceable, or surplus property has no salvage value, it may be disposed of, with the approval of the City Manager, in any acceptable manner. "(c) All sales shall be paid to the City in either cash, certified check, money order, or in a manner agreeable by the Purchasing Officer. "(d) The Purchasing Officer shall be authorized, with the approval of the City Manager, to sign bills of sale and any other documents evidencing the transfer of title to such property by and on behalf of the City. "(e) Prior to disposing of any obsolete, unserviceable or surplus property having an estimated market value in excess of one thousand dollars ($1,000.00), the Purchasing Officer shall inform the City Council of the nature of the property proposed for disposition and the proposed sale's price. Such disposition shall be subject to the City Council's prior approval. ! Me "Section 3-4.402. Recycled products. "A five percent (5%) or greater price preference may be given to recycled products, reusable products offered as alternatives to disposable products, and products designed to be recycled where they are offered as alternatives to non -recyclable products. The preference percentage shall be based on the lowest bid or price quoted by the supplier or suppliers offering non -recycled products. Purchase of products which cannot be recycled or reused is strongly discouraged." SECTION 2. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 3. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 16th day of February, 1999. ATTEST: CITY CLQ% -7- 391 ;92 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance -T7o. 834 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on February 2, 1999, and adopted at a meeting held on February 16, 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: None (SEAL) 1/ �,cL�i�2Cl� CHERYL JOH1,WN,tlTY CLERK In