Fillmore Municipal Code Ch. 2.60 Purchasing

Footnotes:

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* For statutory provisions directing the adoption of purchasing policies and procedures, see Gov. Code §§ 54201— 54205. For statutory provisions relating to the advertising for bids, awarding of contracts and security of bidders, see Gov. Code §§ 37900— 37935.

Prior ordinance history: Ords. 277, 382, 532 and 579.

In order to establish efficient procedures for the purchase 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 adopted.

(Ord. 589 § 1 (part), 1987)

There is created the position of purchasing officer. The purchasing officer shall be appointed and removed by the city manager. The duties of purchasing officer may be combined with those of any other office opposition. The purchasing officer shall have authority to:

(1) Purchase or contract for supplies and equipment required by any using agency in accordance with 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 city council or the city manager;

(2) Negotiate and recommend execution of contracts for the purchase of supplies and equipment;

(3) Act to procure for the city the needed quality in supplies and equipment at the least expense to the city;

(4) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;

(5) Prepare and recommend to the city council rules governing the purchase of supplies and equipment for the city;

(6) Prepare and recommend to the city council revisions and amendments to the purchasing rules;

(7) Keep informed of current developments in the field of purchasing, prices, market conditions and new products;

(8) Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations;

(9) Supervise the inspection of all supplies and equipment purchased to ensure conformance with specifications;

(10) Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use;

(11) Maintain a bidders' list, vendors' catalog file, and records needed for the efficient operation of the purchasing department. (Ord. 589 § 1 (part), 1987)

(Ord. No. 13-836, § 3, 3-26-2013)

The purchasing officer, with approval of the city manager, may authorize, in writing, any agency to purchase or contract for specified supplies and equipment independently of the purchasing department, but shall require that such purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization.

(Ord. 589 § 1 (part), 1987)

All requests to the purchasing officer ordering supplies, services and equipment shall be submitted by standard requisition forms prior to initiating any procurement. No purchase order is required for requests of one hundred dollars or less. Emergency purchases required due to unforeseen damage, repairs or situations requiring immediate action may be made on emergency requisition forms.

(Ord. 589 § 1 (part), 1987)

Purchases of supplies and equipment shall be by bid procedures pursuant to Sections 2.60.100 through 2.60.170. Bidding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, when the amount is less than five thousand dollars, when the commodity can be obtained from only one vendor, when used equipment is purchased, or when dispensed with by the city council.

(Ord. 589 § 1 (part), 1987)

Purchases of supplies, services and equipment shall be made only by purchase orders for all purchases of a value of one hundred dollars or more.

(Ord. 589 § 1 (part), 1987)

Supplies and new equipment may be purchased on an open purchase order from a vendor who agrees to supply the city's requirement for the particular item(s) at a fixed price, or at a fixed account from the list market price of the item(s) or under such other terms as the purchasing officer determines are most advantageous to the city. An open purchase order may be effective for such period of time as the purchasing officer determines is in the best interest of the city, and as is agreed to by the vendor; provided, however, that no open purchase order shall be effective, for a period of time in excess of three years. Issuance of an open purchase order shall be made pursuant to the provisions of this chapter. No single purchase made under an open purchase order shall exceed five hundred dollars.

(Ord. 589 § 1 (part), 1987)

Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged.

(Ord. 589 § 1 (part), 1987)

No provision of this chapter shall be construed to prohibit or prevent the city from purchasing supplies and equipment by contracts, arrangements, and agreements for cooperative purchasing programs with the state of California, General Services, (Govt. Code Section 12814) the county of Ventura, or with any other public or municipal corporation of the state; at the discretion of the council, the purchasing procedure of any agency may be used in such joint arrangements.

(Ord. 589 § 1 (part), 1987)

Except when waived by the council, purchases and contracts for supplies and new equipment of estimated value greater than five thousand dollars shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed in this chapter.

(Ord. 589 § 1 (part), 1987)

Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

(1) Published Notice. Notice inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by resolution as the places for posting public notices.

(2) Bidders' List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list.

(3) Bulletin Board. The purchasing officer shall also advertise pending purchases by a notice posted on a public bulletin board in the City Hall.

(Ord. 589 § 1 (part), 1987)

When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council, or city manager as applicable, may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council, or city manager as applicable, awards the contract to the next lowest bidder, the 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.

(Ord. 589, § 1(part), 1987)

(Ord. No. 23-946, § 1, 2-14-2023)

Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened 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.

(Ord. 589 § 1 (part), 1987)

In its discretion, the city council, or city manager as applicable, may reject any and all bids presented and advertise for bids.

(Ord. 589, § 1(part), 1987)

(Ord. No. 23-946, § 2, 2-14-2023)

(a) Contracts shall be awarded by the city council to the lowest responsible bidder or low bidder, as applicable.

(b) Notwithstanding the provisions of subsection (a) of this section, the city manager may award to the lowest responsible bidder or low bidder, as applicable, and execute, contracts not exceeding forty thousand dollars.

(Ord. 589, § 1(part), 1987)

(Ord. No. 23-946, § 3, 2-14-2023)

If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council, or city manager as applicable, may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening.

(Ord. 589, § 1(part), 1987)

(Ord. No. 23-946, § 4, 2-14-2023)

The city council, or city manager as applicable, 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, or city manager as applicable, requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. 589, § 1(part), 1987)

(Ord. No. 23-946, § 5, 2-14-2023)

If no bids are received, the council, or city manager as applicable, may authorize the purchase of goods in compliance with the informal bidding procedures.

(Ord. 589, § 1(part), 1987)

(Ord. No. 23-946, § 7, 2-14-2023)

Purchases of supplies or equipment, and sales of personal property of a value more than one hundred dollars but less than five thousand dollars, may be made by the purchasing officer without observing the procedures prescribed for formal bidding procedures. However, the procedures for open market purchasing under this section shall apply.

(1) Minimum Number of Bids. Open market purchases shall, whenever practicable, be based on at least three bids, and shall be made from the lowest responsible bidder. These requirements shall not apply when, in the opinion of the purchasing officer, comparable bidding for used equipment is impractical.

(2) Notice Inviting Bids. The purchasing officer shall solicit bids by written requests to prospective vendors, or by telephone, or by public notice posted on a bulletin board in the City Hall, or by all or some of such means.

(3) Documentation. The purchasing officer shall keep documentation of such bids for twenty-four months from the date of the award of bid.

(4) The city manager may execute contracts for purchases of supplies or equipment, and sales of personal property, meeting the requirements for open market procedures under this section.

(Ord. 589, § 1(part), 1987)

(Ord. No. 23-946, § 7, 2-14-2023)

The purchasing officer shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.

(Ord. 589 § 1 (part), 1987)

Notwithstanding any other provision of this code, expenditures for a public project shall be contracted for and let in accordance with state law governing such projects by cities.

(Ord. 589 § 1 (part), 1987)

(a) Scope. Any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters may be contracted with by the city only in the manner set forth in this chapter.

(b) Authorization.

(1) Council. The council has the authority to approve and enter into all contracts specified in this section.

(2) City Manager. Notwithstanding the provisions of subsection (b)(1) of this section, the city manager may execute contracts for special services and consultants when both of the following apply:

(A) The contract is for a sum not to exceed forty thousand dollars to be paid by the city; and

(B) The funds required for the payment of the contract are in the city's approved and current budget for that purpose.

(Ord. 589, § 1(part), 1987)

(Ord. No. 17-879, § 1, 6-13-2017; Ord. No. 23-946, § 8, 2-14-2023)

Any city-owned personal property, including vehicles which no longer can be used, or which are inoperative, or which are unrepairable or not economically repairable, shall be sold by the city manager in the manner set forth in this chapter.

(1) Council Approval. Prior to disposing of any salvageable personal property pursuant to the authority granted by this chapter, the purchasing officer or his designee shall inform the council of the condition of the item proposed for disposition and obtain the determination of the council that such item is obsolete or surplus before proceeding with disposition.

(2) Bids, Sales and Exchanges. Requests for bids shall be issued and sales shall be made to the highest bidder; provided, however, if the city manager deems it to be in the best interests of the city, he shall, at his discretion, make such sales by public auction or private sale or exchange.

(A) All sales of such salvageable items shall be paid for by cash, certified check or money order payable to the city.

(B) The city manager or his designee shall be authorized to sign bills of sale and any other papers or documents evidencing such sales for and on behalf of the city.

(C) Disposition of Nonsalvageable Property. In the event the city council determines that any city-owned personal property items have no salvage value, he may dispose of them as he deems appropriate.

(3) Exceptions. This chapter shall not apply to any items of city-owned personal property used or to be used in trade or exchange for new replacement property of a similar nature.

(Ord. 589 § 1 (part), 1987)

(a) The mayor shall be authorized to sign on behalf of the city all approved contracts provided for in this chapter. In the absence of the mayor, the mayor pro tempore shall be so authorized.

(b) City Manager and Purchasing Officer. The city manager and purchasing officer shall be authorized to sign on behalf of the city all contracts provided for in Sections 2.60.150(b), 2.60.190 and 2.60.220(b)(2) of this chapter.

(Ord. 589, § 1(part), 1987)

(Ord. No. 23-946, § 9, 2-14-2023)