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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. 16Z "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. MPM X8� "(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: ✓ , e, - CITY C RK / !% -3- 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) / Q MARY ANOVER, CITY ERK -4-