Orland Municipal Code Ch. 2.44 Purchasing Procedure

All expenditures of city funds in connection with purchases must be made strictly in accordance with the duly adopted budget. In order that budgetary control may be effectively exercised, the procedures in this chapter shall be followed.

(Ord. 99-03 § 1 (part))

When the purchase of any articles, services, merchandise, or material is required, authorization from the appropriate department head or the city manager must be obtained. The invoice or other statement from the seller will be submitted to the finance office for review before payment is made.

(Ord. 99-03 § 1 (part))

A. No bids shall be required if the amount of the purchase does not exceed two thousand five hundred dollars ($2,500.00) if approved by the city manager, provided that the item(s) so purchased under this authority is (are) within the category of items specified in the budget of the city as approved by the city council.

B. If the purchase will be more than two thousand five hundred dollars ($2,500.00) but not in excess of ten thousand dollars ($10,000.00), two or more informal bids will be secured by the official handling the purchase and approved by the city manager, but no further procedure will be required, provided that the item(s) so purchased under this authority is (are) within the category of items specified in the budget of the city as approved by the city council, and provided that the Public Contract Code is not applicable.

C. If the purchase contemplated is in an amount in excess of five thousand dollars ($5,000.00), the procedures in Sections 2.44.040, 2.44.050, 2.44.060 and 2.44.070 must be followed. However, contracts and purchases covered by the Public Contracts Code shall be let to bid in accordance with the provisions of that code.

D. The bidding procedure may be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply or when the commodity can be obtained from only one vendor.

(Ord. 99-03 § 1 (part))

(Ord. No. 2020-10)

Before a purchase in excess of five thousand dollars ($5,000.00) is made, a notice shall be published inviting the submission of bids. The notice inviting bids shall set a date for opening of the same. The first publication or posting of the notice shall be at least ten days before the opening of the bids. Notice shall be published at least once in a newspaper of general circulation, published in the city, or if there is none, it shall be posted in at least three public places in the city. The notice shall state distinctly the type of merchandise, material, work or services sought by the city.

(Ord. 99-03 § 1 (part))

A. The council shall accept the bid from the lowest responsible bidder.

B. Notwithstanding the foregoing, in its discretion, the council may reject any bids presented and readvertise.

C. If two or more bids are the same and the lowest, the council may accept the one it chooses. If no bids are received, the council may have the project done without further complying with the procedure.

(Ord. 99-03 § 1 (part))

After rejecting bids, the council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may have the project done in the manner stated without further compliance with this procedure.

(Ord. 99-03 § 1 (part))

In order to expedite the making of small purchases, and to further the efficient administration of city affairs, the city council delegates to each department head the right to make purchases up to a limit of one thousand dollars ($1,000.00), provided that the items so purchased under this authority are within the category of items specified in the budget of the city as approved by the city council.

(Ord. 99-03 § 1 (part))

A. Notwithstanding anything in this chapter to the contrary, Section 2.44.030, 2.44.040, 2.44.050, and 2.44.060 shall not apply to any contract subject to Government Code Sections 4525 through 4528 (pertaining to services of architects, engineers, lawyers, etc.), Public Contracts Code Section 20161 (c) (pertaining to maintenance and repair of streets and sewers), and Public Contracts Code Section 20168 (pertaining to emergency work). This chapter shall not apply to contracts for ?public projects≅ as defined in Public Contracts Code Section 20161 to mean any construction, erection, alteration, renovation, improvement, demolition or repair work involving any facility owned, leased or operated by the city, including the furnishing of supplies or materials for any such project, including maintenance or repair of streets or sewers. ?Public project≅ does not include maintenance work.

B. This chapter shall not apply to expenditures of any federal or state grant funds. All applicable federal and state rules and regulations will regulate these funds.

(Ord. 99-03 § 1 (part))

The acceptance of any gratuity in the form of cash, merchandise, or any other thing of value by an official or employee of the city from a vendor or contractor, or prospective vendor or contractor, shall be a cause for disciplinary action.

(Ord. 99-03 § 1 (part))