HomeMy WebLinkAboutOrdinances 1975 02/21/19952
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~`~~~~~~~~'~~~ ~~a~'~
~MAR ~~~~~~~~~
~ ~ ~995
- ~_ ~
O~DINANCE NO. 1975
N.C.S.
Introduced by
Lori Shea
Seconded by
Matt Ma~'uire
AN OItIDINANCE O~ THF COUNCII, OF' 'T~E CITY OF PE'TALiT1VIA
~11VIElVDING SECTIONS 4.04.050 "~~1)ING", 4.04.080 "~'O~tMAL
CON"g"~C'T P1tOCE~TJItE", AND 4.04.090 "OPEN NNIAAItKET
PItOCEI9~J~S" OF C~APTER 4.04 "PURC~AS~PTG"
OF' T~IE PETALiJMA 1VIUNICI~'AI, COI9~
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Section 4.04.050 `Bidding" of Chapter 4.04 "Purchasing" of the Petaluma
Municipal Code is hereby amended to read as follows:
4.04.050 ~idding.
Purchases of supplies and equipment shall be pursuant to Sections
4.04.080 and 4.04.090 and 4.04.100. The procedures set forth in
Sections 4.04.080 and 4.04.090 may be dispensed with only when
an emergency requires that an order be placed with the nearest
available source of supply, when the commodity can be obtained
from only one vendor, or when purchase is pursuant to Section
4.04.100.
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Ord. 1975 NCS
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1 Section 2. Section 4.04.080 "Formal Contract Procedure" of Chapter 4.04 "Purchasing"
2 of the Petaluma Municipal Code is hereby amended to read as follows:
3
4 4.04.080 F'ormal contract procedure.
5 Except as otherwise provided in this chapter, purchases and
6 contracts for supplies and equipment of estimated value greater
7 than the amount defined by city charter shall be by formal bid
8 pursuant to the procedure prescribed in this section.
9 A. Notice Inviting Bids. Notices inviting bids shall include a
10 general description of the articles to be purchased, shall
11 state where bid blanks and specifications may be secured,
12 and the time and place for opening bids;
13 1. Published Notice. Notice inviting bids shall be
14 published once in the official newspaper at least five
15 days before the date of opening of the bids,
16 2. Bidders' List. The purchasing officer shall also
17 solicit sealed bids from all responsible prospective
18 suppliers whose names are on the bidders' list or
19 who have reyuested their names to be added thereto.
20 B. Bidder's Security. When deemed necessary by the
21 purchasing officer, bidder's security may be prescribed in
22 the public notices inviting bids. Bidders shall be entitled to
23 return of bid security; provided, that a successful bidder
24 shall forfeit his bid security upon refusal or failure to
25 execute the contract within. ten days after the notice of
26 award of contract has been mailed, unless the city is
27 responsible for the delay. The city council may, on refusal
28 or failure of the successful bidder to execute the contract,
29 award it to the next lowest responsible bidder. If the city
30 council awards the contract to the next lowest bidder, the
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Ord. 1975 NCS I~~. ~, 0~ 5
amount of the lowest bidder's security shall be applied by
the city to the difference between the low bid and the
second lowest bid, and the surplus, if any, shall be returned
to the lowest bidder;
C. Bid Opening Procedure. Sealed bids shall be submitted to
the purchasing officer 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 calendar
days after the bid opening;
D. Rejection of Bids. The city council shall reserve the right to
reject any or all bids in whole or in part and may waive any
irregularities or informalities in any bids.
E. Award of Purchase or Contract. Purchases or contracts
shall be awarded to the lowest responsible bidder. In
determining the lowest responsive and responsible bidder,
the following shall be taken into consideration:
1. The quality, suitability, and efficiency of the item;
2. The total or life cycle cost of the equipment;
3. The delivery, discount terms, and all other
conditions submitted in the bid;
4. The reputation of the equipment, the service
reputation of the bidder, and all other information
and data required to prove the responsibility of the
supplier.
F. Tie Bids. If two 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
readvertising for bids, the city council may accept the one it
,
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Ord. 1975 NCS ~g ~ ~~-- ~j
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chooses or accept the lowest bid made by negotiation with
the tie bidders;
G. Performance Bonds. The city council shall have authority
to require a performance bond before entering a contract in
such amount as it shall find reasonably necessary to protect
the best interests of the city. If the city council requires a
performance bond, the form and amount of the bond shall
be described in the notice inviting bids.
Section 3. Section 4.04.090 "Open Market Procedure" of Chapter 4.04 "Purchasing" of
the Petaluma Municipal Code is hereby amended to read as follows:
4.04.090 Open market procedure.
Purchases of supplies and equipment of an estimated value less than
required by charter for seeking formal bids may be made by the
purchasing officer in the open market without observing the
procedure prescribed by Section 4.04:080.
A. Minimum Number of Quotations. Open market purchases
shall, whenever possible, be based on at least three
quotations, and shall be awarded to the lowest responsible
party;
B. Inviting Quotations. The purchasing officer shall solicit
quotations from responsible prospective suppliers.
C. Quotations. Quotations shall be submitted to the
purchasing officer who shall keep a record of all open
market orders and yuotations for a period of one year after
the submission of quotations or the placing of orders. This
record, while so kept, shall be open to public inspection.
4
Ord. 1975 NCS
~t~.~ofs
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1 Section 4. If any section, subsection, sentence, clause or phrase or word of this ordinance
2 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
3 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
4 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
5 and all provisions thereof irrespective of the fact that any one or more of said provisions be
6 declared unconstitutional.
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8 Section 5. The City Clerk is hereby directed to publish/post this ordinance for the period
9 and in the manner required by the City Charter.
10 ~`o`i'i ~`
Q
11 INTRODUCED and ordered, Uosted this gth day of FPbr>>ar~ , 1995.
/"
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13 ADOPTED this 21st day of February , 1995 by the following vote:
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15 AYES:Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss
16 NOES: None
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ABSENT: None
ABST IN: Barlas
~,~C,~-~ ~~~
Mayor
ATTEST:
' Clerk
winword\ord
2/9/95 (fink)
APPROVED AS
City
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Ord. 1075 NCS j~g, rj C3~~