Friday, 02 December 2022

CITY OF CLEARLAKE - ORDINANCE NO. 253-2021 AN ORDINANCE AMENDING SECTION 3-4 OF THE CLEARLAKE MUNICIPAL CODE RELATED TO PURCHASING AND SALES

ORDINANCE NO.  253-2021


AN ORDINANCE AMENDING SECTION 3-4 OF THE CLEARLAKE MUNICIPAL CODE RELATED TO PURCHASING AND SALES


WHEREAS, state law allows the City to determine its policies for purchasing of supplies and equipment and for the disposal of surplus supplies and equipment, unless otherwise provided for in state law (such as the procedures governing public works projects); and


WHEREAS, the City desires to update its Municipal Code Section 3-4 “Purchasing and Sales” to provide for efficient and economical purchasing of supplies and equipment and disposal of surplus property.


The City Council of the City of Clearlake, State of California does hereby ordain as follows:


SECTION 1.  Subsection 3-4.3 of the Clearlake Municipal Code is amended to read as follows:


“3-4.3 Purchases by City Council—Competitive Bidding.

When the amount or value involved is over twenty-five thousand ($25,000.00) dollars, the purchase shall be made by the City Council through competitive bid for purchases and contracts for supplies and equipment in accordance with the following. Bids should be obtained from one or more vendors located within the City of Clearlake whenever practical.

a.  Notice inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond, faithful performance bond or other security will be required.

b.  At least ten (10) days before the date of opening the bids, notice inviting bids shall be published in a newspaper of general circulation printed and published in the City, or posted in at least three (3) public places in the City that have been designated by ordinance as the place for posting public notices,.

c.  The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on an applicable the bidder’s list, if any, and may advertise the notice inviting bids in applicable publications and websites readily accessible to the public.

d.  When deemed necessary by the Purchasing Agent or City Council, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent or City Council. Successful bidders (and their sureties, if a bond is furnished) shall be liable for any damages upon the failure to enter into a contract with the City or upon the failure to perform in accordance with the bid.

e.  When deemed necessary by the Purchasing Agent or City Council, any person or entity entering into a contract with the City may be required to furnish a faithful performance bond and/or other security in an amount determined by the Purchasing Agent or Council.

f.  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.

g.  At its discretion, the City Council may reject all bids presented and readvertise for bids.

h.  Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder, except as otherwise provided in this section.

i.  If two (2) or more bids received from responsive, responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may award the contract based on the lowest price obtained by negotiation with the tie bidders.”

SECTION 2.  Subsection 3-4.5 of the Clearlake Municipal Code is amended to read as follows:


“3-4.5 Exceptions to Competitive Bidding Requirements.

a.  The requirements of subsection 3-4.3 concerning competitive bidding shall not apply to the following:

1.  Contracts involving the acquisition of professional or specialized services, such as, but not limited to, services rendered by architects, engineers, surveyors, construction managers, accountants, attorneys and other specialized consultants;

2.  Where the City’s requirements can be met solely by a particular patented article or process or item or service available only from a single source;

3.  Where no bids have been received following bid announcements in accordance with this section;

4.  When the amount involved is twenty-five thousand dollars ($25,000) or less;

5.  When an emergency requires dispensing with competitive bidding to protect the public health, safety and welfare;

6.  When another public agency has administered a competitive bidding process within the past two years for the same or substantially similar supplies, services or equipment, the City may purchase supplies, services or equipment in reliance on such executive process of such other public agency in lieu of compliance with this section;

7.  When the City Council specifically waives the competitive bid process and authorizes staff to negotiate the purchase by a four-fifths vote;

8.  The purchase of supplies, equipment, or services through a cooperative purchasing agreement or program, or by using a competitively awarded agreement of another local, State, or Federal government agency or joint powers authority made up of government agencies to obtain the same supplies, equipment or services at the same or lower prices (commonly referred to as “piggybacking”). Such programs and agreements include, but are not limited to, the California Multiple Award Schedules Program (CMAS), The Interlocal Purchasing Systems (TIPS), the U.S. General Services Administration (GSA) Multiple Award Schedule Program, Sourcewell, and the U.S. Communities Government Purchasing Alliance; and

9.  When competitive bidding pursuant to this section would be impracticable, infeasible, or otherwise unavailing, and provide no advantage for the public in accordance with legal doctrine discussed in Genevieve Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631.

b.  Any application to the City Council for an exception under this section shall include the nature of the contract, amount of the contract, and the reasons why competitive bidding is not feasible.“

SECTION 3.  Subsection 3-4.6 of the Clearlake Municipal Code is amended to read as follows:


“3-4.6 Purchases of Less than Twenty-Five Thousand ($25,000.00) Dollars—Procedure.

Where the amount or value involved is less than twenty-five thousand ($25,000.00) dollars the purchase may be made by the Purchasing Agent, without written bid, and by informal price checking through telephone or mail inquiry and comparison of prices on file or otherwise. When deemed by the Purchasing Agent to be practical and necessary in order to get the best value for the City on the purchase, the Purchasing Agent shall attempt to receive multiple price quotations. At the discretion of the Purchasing Agent, the formal competitive bid process may be used where the value of goods and services  twenty-five thousand ($25,000.00) dollars or less.”

SECTION 4.  Subsection 3-4.10 of the Clearlake Municipal Code is amended to read as follows:


“3-4.10 Surplus Supplies and Equipment.

At such times as determined by the Purchasing Agent, reports shall be prepared showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Agent shall have the authority to sell, trade or exchange all said supplies and equipment which have a fair market value of less than (Ten Thousand Dollars) $10,000. The Purchasing Agent shall have the discretion to dispose of surplus supplies and equipment which have a fair market value of (Ten Thousand Dollars) $10,000 or more  either by offering them for sale in a public auction or by exchanging or trading-in such supplies or equipment in part or full payment for new supplies, materials or equipment of a similar nature. Such sales will be made pursuant to subsection 3-4.3 or subsection 3-4.6 of this section, whichever is applicable.”

SECTION 5. SEVERABILITY.  


If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.


SECTION 6. EXECUTION.  


The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.  The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.  This Ordinance shall become effective 30 days from its adoption.


Passed and Adopted this 6th day of May, 2021 by the following vote:

AYES: Mayor Slooten, Vice Mayor Perdock, Councilmembers Overton, Claffey and Cremer

NOES: None

ABSENT OR NOT VOTING: None

_________________________ Dirk Slooten

Mayor, City of Clearlake


ATTEST:


_______________________________

Melissa Swanson

City Clerk, City of Clearlake

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