HomeMy WebLinkAboutOrdinances - No. 1763~~DINANCE NO. 1763
CE OF THE CITY COU~CIL OF THE CITY OF LODl
I M~NICIFA~ CODE TIT ADMINISTRATION AND
ER,” BY RE~EALING AND
AMEND IN^ LODl
TER 2.12, “CITY M
F THE CITY MA
.............................................
UNCIL OF THE CITY OF LODl AS FOLLOWS:
I Code Title 2 “Administration and Personnel” Chap~er 2.12 “City
by ~epea~iflg and reenac~ing ection 2.12.060(T) - relating to contract
, and shall read as follows:
ecute on behalf of the City, without City Council approval, contracts,
ode 2.20.01 5, in the amount of twenty thousand dollars or less, and
ordinate officers and employees to execute contracts withou~citycou~cil
ontracts in the amount of five thousand dollars or less. Nothing in this
the other purchasiflg requirements of Chapter 3.20 of this Code.
,000 nor greate~ than $20,000, the City Manager shall quarterly
art which includes a list of the contracts into which the city has
nths. No contract shall be split into smaller segments to avoid
ov~rnmen~ Code 5 4526, Public Contract Code 5 10359)
Lodi Municipat Code Title 3 ” evenue and Finance” Chapter 3.20 “Fur~asiflg em is hereby r pealed and reenacted in enttrety, and shall read as lollows:
3.20.150
Officer - ~stablished
cumb~~ed funds requir~d
I con~ract procedure
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3.20.01 0 Purpose
In order to establish efficient procedures for the purchase of supplies,
services and equipment, to secure for the city supplies, services and equipment
at the lowest po$sible 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 centrali~ed
purchasing $y$tem is adop d. (Prior Code 92-55)
Except as ~pecified in Section 3.20.040 herein, there shall be no exemption from
cen~ral~~ed purchasing, and no agency or department shall be authorized to
purchase, or contract far the purchase of supplies, materials, services or
equipment independently of the purchasing system.
pter the following terms shall have the following respective
sociated with de~ermining the greatest worth and benefit
to the City based on a number of factors, including
f the p~oduct or service;
lead time;
the manufacturer or contractor to provide services, supplies, or
ipment as required, and parts, repairs, maintenance and support
, integrity, repu~tion, judgment, and experience of the
canttactar, or supplier.
ompetitive sealed (formal) bid processed in accordance
with $3.20.10~, or an informal bid processed in accordance with $3.20.1 10
herein.
C. “~on~ract” means a wri~en or oral agr~e~ent to expend money on a
r service including but not limited to purchase orders, formal
invoices and orai orders.
nt” or “using depart men^ means any of the departments of the
n unforeseen circumstance or combination of
circum$tances calling for immediate action to procure maierials, supplies,
equipment, or services in order to make repairs, safeguard lives or prope~,
or maintain public health or welfare, as a result of extrao~ina~ conditions
created by war, disease, weather, fire, or other catastrophic or unforeseen
occurrence, or imminent or actual failure of any plant, equipment, structure,
street or public wark.
F. “~quipment” shall mean items of property which are maintained an
lnvento~ as fixed assets. These items are durable and have a fixed,
~redete~mined life expectancy.
G. “Professional services”, as used in this section, shall mean all services
which,(^} are of an adv~~o~ nature, (2) provide a recommended course of
action or personal expertise, or (3) have an end product which is basicallya
transmiftal of information either written or verbal and which is related to the
governmental functions of city administration and management and city
pro~ram management or ~nnovation, and which are obtaii~ed by awarding a
services contract, a grant, or any other payment of funds for services of the
above type. In general, professional services’’ are provided by qualified
professionals in such d~sciplin~s as accounting, architectural, engineering,
environmental, financial, legal, and medical fields.
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H. “~ublic project^ shail mean a project for the erection, improvement, painting
or repair of public buildings and works; work in or about streams, rivers,
la~es, or embankments for protection a ainst ove~low; street, sewer, water
ution system work except maintenance or repair;
supplies or materials for any such project, including maintenarice
f streets or sewers. (Public Contract Code
s” shall mean legal transactions ~inciuding lease and rental) by
city acquires ~upplies, equip men^, materials and contractual
’ shall mean any department head authorized to
enter into contracts for the City under provisions of
bid” shall mean an offer, submi~ed by a responsible bidder to
ment, materials, or s~rvices in conformity with the bid
lions, delive~ term and conditions, and other
he Invitation fo
hall mean a bidder who is financially responsibie and
es, judgment, skill, ability, capacity, integrity, and reliability
to perform the requirements set forth in the bids,
ad faith pe~ormance.
id that conforms in all material respects to the
II mean the furnishin of labor, time, or effort pe~ormed by
rienced persons, firms, or orations rendering
ice in such ~isciptines as the maintenance or
ds, equip men^ or machine^, or other city-owned
~uch term shall not include services rendered by city
s, nor pro~~ssional or technical services as defined
2Qf61)
enotes the imperative. s” shall mean property, including but not limited to materials,
to ~e~~~ a departmen~’s rou~~n0 functions.
at se~~ces” shall mean de~i~n, install~~ion, diagnostic or repair
se~ic~s for elec~rical, electronic, data/telecommunications, mechanical,
aRd/or control systems and their components. These services are
distinguished from general repair and maintenance services by their
req~ir~ments for technic~l train~n~ and/or professional certiftca~ion.
3.20.020 ~urchasing icer - ~stabiished
officer shall be appointed by the city
There is establishe~ the positio officer. The purchasing
hall be the head and have
sion of the pur~~asi Finance ~epa~m~nt. The
~~h~sing officer may be comb~ned with those of any other office
ior Code $2-56)
3.20.030 Purcha fficer - Powers
A. Purchase or contract for supplies, services and equipment required by any
city depa~men~ in a~ordance with purchasing procedures prescribed by this
chapter, such administrative regulations as the purchasing officer shall adopt for
the internal mana~ement and operation of the purchasing division and such
other rules and regulations as shail be prescribed by the city council or city
The Purchasing er shall have the responsibility and authority to:
manager;
B. ~eaotiate and recomm~nd execution of contracts for the purchase of
sup~lie~, services and equipment;
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and quality in supplies,
nspire to submit the same
to obtain as full and open
mmend to the city council rules governing the purchase of
d equipment for the city;
mmend to the city council revision§ and amendments to the
of current developments in the field of purchasing, prices,
essary to the operation
quipment purchased to
the ~ransfer of surplus or unused supplies and equipment
ents as needed and the sale of all supplies and equipment
be used by any depa~ment or which may become unsuitable for
bidde~' list, vendors catalog file and records needed for the
ion of the purchasing division. (Prior Code 5 2-57)
council, may authorize in
purchasing authority~') to purchase or
ff members the authori~ to purchase
and equipment independently of the
hat such purchases or contracts be
~ablished by this chapter, and shall
epa~ment on the purchases and
tion. (Prior Code (i 2-58)
nd Local A~ency Contracts
process descri~ed in this code may be waived when
nager for purchase of
accordance with formally
the governing boards of
other California public agencies. Purcha~es or contracts in excess of $20,000
shall ~equire the approval of the city council.
I! submit requests for supplies, services and equipment
to the purchasing officer elect~onically or by standard requisition forms, for the urposes and within the limits of funds a~proprl~ted therefore. (Prtor code cj 2-
0)
dding
s of suppl~es, se~ice§, eq ~pment and the sale of personal property
d procedures pursuant to ections 3.20.100 and 3.20.1 10. Bidding
shall be dispensed with only (If in cases of emergency as defined in this
chapter^ and therefore requires that an order be placed with the best available
source of service or supplyi (2) when the amount involved IS less than five
hundred d~lla~s (but compe~itl~e quotes shall be obtained if it is in the City's best
interest to do so), (3) when the commodi~ can be obtarned from only one
vendor, due to (a) pro~uct stand~rdization by resolution of the city council, or (b)
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need for b~anded replacement parts or supplies for equipment of like brand; (4)
when professional or technical requirements preclude competitive bidding,
pursuant to Part 3.20.075 of this ~ection~ or (5) when the city council determines
that the purchase or method of purchase would be in the best interests of the
city. (Ord. 1399 7: prior code $2-61)
3.20.075 Professional~echnical Services Contracts
the adve~ising and bidding requirements of section 3.20.070:
Contracts for
(I) legal defense, legal advice, or legal services;
(2) a~chitectural and engineering services:
(3) accountj~g and fin~ncial services;
The follow~ng p~ofe~s~on~l s~rvic~s contracts are specifically exempt from
material consultants.
(7) works~ops~ seminars, and conferences.
Such contracts shall be awarded on the basis of professional qualifications and
experience, quali~ of service, past pe~ormance, and negotiated prices.
ntract Authority
ana~er shall have the conlrac~ing authority set forth in Chapter
2.12.060(1) of this Code.
lectronic Hardware
Acquisition of electronic hardware and software shall be by
request^ for proposa~, or competi~jve bids, and award shall be
value' criteria as established by 3.20.15, under direction of the Information
Systems Manager, and set forth n the terms of the nego~iation, ~equest for
Proposals, or bid. Alternatively, purchase of electronic hardware and
software may be made in accordance with $3.20.045.
3.20.0&0 Purchase orders.
iation,
on 'best
s of supplies, services and equipment in an amount of $500 or more e only by wri~en contra^ or by purchase orders. (Prior code $ 2-62)
(California ~ommercial Coda
3.20.090 Use of unencumbered funds required.
~xcep~ in cases of erne ency, the pu~chasing officer or purchasing authori~
shall not issue any purcha order or otherwise contract for supplies, services or
equipm~nt unless there exists an ui~encumbered appropriation in the fund
account aga~ns~ which the purchase is to be charged. (Prior code Ej 2-63)
a expenditure of state or federal grantfunds
ply with such state or federal laws and
authori~ed regulations which are mandatorily applicable and which are not
flected in this code.
rmal contract procedure.
Purchases of supplies, equipment, contractual services, public projects, and
sales of personal property of an estimated value greater than $20,000 shall
follow the formal contract procedure:
A. ~pecifications and plans shall be subject to review and approval by the City
Council prior to the soli~itation of bids.
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rtisement for bids will be canducted as pravided for in the
ids. Notice inviting bids shall include a general description of
urchased or sold, or work to be pe~ormed, and shali state
d specifications may be secured and the time and place for
d Notice. Notice inviting bids shall be published at least ten fore the date of apenin af the bids. Notice shall be published
newspaper of general rcuiation, printed and published in the
hall be posted in at least three public places in the city
designated by ordinance as the places for posting public notices.
List. The purchasing officer shall also solicit sealed bids from all
ctive suppiiers whose names are on the bidders’ list.
ng. The purchasing officer rn y also advertise pending bids
rity. When required by law or deemed necessary by the
, bidder’s security may be prescflbed in the notice invi~tng bids.
to the return of their bid security: except that a
shafl fo~ei~ all or part of his or her bid security upon refusal or
the contrac~ within ten days after the notice of award of
iled, untess the city is responsibie for the delay. The city
sal or failure of the successful bidder to execute the
e next lowest responsible bidder. Thereafter, if the city
he contract to the next lowest bidder, the amount of the lowest
shall be applied by the cifyto the di~erence between the low bid
bid, and the surplus, if any, shall be returned to the lowest
dure. Sealed bids shall be submitted to the purchasing
entified as bids on the e~velope. ids shall be opened in
place stated in the notice invi~ing bids. A tabulation of all
ilable far publ~c in~pec~ion during regular business
t less than thi~ calendar days after the bid opening. . In its discre~ion, the city cauncii may reject any and all bids
interest to do so, readvertise for bids.
ion of bids, contract shall be awarded by
le bidder except as othe~ise provided in
this chap~er. Ln determining the lowest res onsible bid, considerations shall
include but not be limited to such factors as ( ) whether any portion of the state
yable on the article which is the subject of the bid will be rebated to
the city by reason of awarding such contract to a person or firm domiciled within
the city, (2) tatal life-cycle costs, and/or (3) residual value.
ids. If two or more bids received are far the same total amount or unit
uality, service and factars considered in ~aragraph 3.20.100 (E),
g equal and if the public interest will not permit the delay of
readve~i~~n~ for bids, the city ~ouncil may ac~e~t the lowest bid determined by
toss of a coin pe~ormed at a time as soon after the bid opening as is possible.
I. Pe~o~mance ond. The city council shall have authority to require a
pe~orm~nce band before entering a contract in such amount as it shall find
reasonably necessity to protect the best interests of the city. If the city council
requires a pe~o~maRce bond, the form and amount of the bond shall be
described in the bidding documents~ (Qrd. 1333 5 1 (3)(A,D), 1984; prior code 9
3.20.1 05 Public Projects
the city’s web page.
2-64)
Public prajects shali be subject to pravisions of the Public Contract Code.
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When the expenditure required for a public project exceeds $20,000 approval
of the city council is required before adve~ising for and awarding of bids.
pen market procedure
Purchases of supplies, equipment, contractual services and sales of personal
property of an estimated value in the amount of $20,000 or less may be made in
the open market without observing the Formal Contracf procedure prescribed by
Section 3.2#.i#0.
A. Minimum Number of Informal ids or ~uotations. Open market purchases
shall, her ever possible, be based on at least three informal bids or quotations,
rded to Ihe lowest responsible bidder.
uotalions. The purchasing officer or purchasing authority shall
solicit informal wri~en bids or q~otations from prospec~ive vendors by written
request, by telephone or by electranic data interchange. Quotations or informal
bid be in writing for am0 eater than $1 000. c. tions and written infor s shall be submitted to the requestor, who
sha keep a record of all quota ds, and open market orders for a period of
one year after the submi~sion of quotaticns or the placing of orders. This record,
while so kept, shall be open to public inspection. (Ord. 1549 § 1, 1992; (3rd.
D. The Purchasing Officer or pu~chasing authority may reject any and all
informal bids, offers and quotations when, in his or her discretion, it shall be in
the best interest of the City to do so.
), 1984; prior code 9 2-65)
plit Transactions
ode 5 10329,201 63)
No person shall willfully split single transaction into two or more transactions
for the purposes of evading th bidding requirements of this section. (Public
ction and testing of purchases.
g officer or pur~hasing authority shall assure the inspection of
ipment deli~ered, and contractual services performed, to
determine their conforman~e wifh t specifications set forth in the order or
coniract. The ~urchasing officer s have authority to require chemical and
physical tests of samples submitte~ with bids and samples of deliveries which
are nece~sa~ to d~termine iheir quality and conform~nce with specifications.
(Prior code 2-66)
3.20.1 30 Vehiole purchases and disposition exemption.
The purchase and disposition of fleet vehicles and other specific equipment
governed by the City’s Fleet Policies and Procedures, as adop~ed by resolution
of the city council, is exempt from the provisions of this chapter.(Ord. 1643 5 1,
1997)
3.20.140 ~estrictions
If any depa~ment purchases or cantracts for any supplies, equipment or
contrac~ual services made oontra~ to the provisions of this chapter, the
purchase or contract shall be void and of no effect. The head of the department
making the purchase transactian shall be p~rsonally liable for the amount of the
purchase or contract, or, if already paid for out of city funds, the amount thereof
may be re~overed in rhe name of the city in appropriate action therefore.
3.20.150 penal^ for v~ola~ion
infrac~~on which may be puni~hable as provided in Chapter 1.08 of this code.
Any person who violates, or pe~mi~s a violation of this chapter is guilty of an
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es in conflict herewith are repealed insofar as such
inanc~ shall be published one time in the "Lodi News Sentinel," a daily
I circula~~on printed and published in the City of Lodi and shall be in force and
Approved this 7Ih day of September, 2005.
certify that Ordinanc~ No. 1763 was
f Lodi held August 17,2005, and was
ular meeting of said Council held
itchcock, Johnson, and
S - Mounce
certify that Ordinan
e and the same has
No. 1763 was apprQved and signed by the Mayor of the date of its
en publ~shed pursuant to law.
pproved as to Form:-
\.-
City A~orn~y
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