Villa Park Municipal Code Art. 4-4 Purchasing System

Footnotes:

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Editor's note— Ord. #2009-544, § 1, amended Art. 4-4 in its entirety to read as herein set out. Former Art. 4-4, §§ 4-4.1—4-4.13 pertained to similar subject matter, and derived from Ord. #77-260, §§ 1, 2—14 and Ord. #82-323, § 23.

*For statutory provisions regarding the purchasing of supplies and equipment by cities, see Gov. Code § 54201 et seq.

In order to establish efficient procedures for the purchase of budgeted supplies, services 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 hereby adopted.

(Ord. #2009-544, § 1)

There is hereby created the position of Purchasing Officer. The City Manager shall be the head and have general supervision of the Purchasing Department. The duties of the Purchasing Officer may be combined with those of any other office or position. The City Manager shall serve as Purchasing Officer until the City Council shall determine that the duties require the appointment of a separate person to perform those duties.

(Ord. #2009-544, § 1)

The Purchasing Officer shall have the authority to:

a. Purchase or contract for supplies, services and equipment required for City purchases in accordance with purchasing procedures prescribed by this section and administrative requirements established by the City Manager.

b. Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment.

c. Act to procure for the City the needed quality in supplies, services and equipment at the lowest cost to the City.

d. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases.

e. Prepare and recommend to the City Council rules governing the purchase of supplies, services and equipment for the City.

f. Prepare and recommend to the City Council revisions and amendments to the purchasing rules.

g. Keep informed of current developments in the field of purchasing, prices, market conditions and new products.

h. Prescribe and maintain such forms as reasonably necessary to the operation of this section and other rules and regulations.

i. Supervise the inspection of all supplies, services and equipment purchased to ensure conformance with specifications.

j. Recommend the sale of all supplies and equipment which cannot be used by any department or which become unsuitable for City use.

k. Maintain a bidders' list, vendor's catalog file and records needed for the efficient operation of the purchasing department.

(Ord. #2009-544, § 1)

All using departments shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time and for such future periods as the Purchasing Officer shall prescribe.

(Ord. #2009-544, § 1)

Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pursuant to sections 4-4.6 and 4-4.7. Formal 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 involved is less than twenty thousand ($20,000.00) dollars or when the commodity can be obtained from only one vendor; except, that professional services such as contracts for services of attorneys, architects or engineers or where the service contracted for deals with public relations or promotions, elections services and related activities, negotiations or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds or any other service of a similar nature to those listed need not necessarily be granted pursuant to the procedure required by this section (see section 4-4.10).

(Ord. #2009-544, § 1)

Except as otherwise provided herein, as for instance in those cases exempt from the bidding procedure by subsection 4-4.6, purchases and contracts for supplies, services, equipment, and the sale of personal property of estimated value greater than twenty thousand ($20,000.00) dollars shall be by written contract with the lowest responsible bidder, as the case may be, pursuant to the procedure prescribed in this section:

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

b. Bidder's Security. 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 (10) days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The City Council 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 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.

c. Bid Opening Procedure. 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 (30) calendar days after the bid opening.

d. Rejection of Bids. In its discretion, the City Council may reject any and all bids presented, re-advertise for bids or authorize the Purchasing Officer to award a contract after negotiation for the best price possible under the circumstances.

e. Award of Contracts. See subsection 4-4.11.

f. Tie Bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, the City Council may accept the one it 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 finds reasonably necessary to protect the best interest of the City. If the City Council requires a performance bond, the amount of the bond shall be described in the notice inviting bids, and the form thereof shall be as determined by the City Attorney.

h. Waiver of Defects. The City Council shall have the right to waive any defect or informality in the bidding, or in the procedures as set forth in this section. No defect or informality shall void any contract entered into.

(Ord. #2009-544, § 1)

Purchases of supplies, equipment, contractual services and sales of personal property of an estimated value in the amount of twenty thousand ($20,000.00) dollars or less may be made by the Purchasing Officer in the open market without observing the procedure prescribed by subsection 4-4.6, except, that this procedure need not be followed if the purchase is within one of the exceptions provided in subsection 4-4.5.

a. Minimum Number of Bids or Quotes. Open market purchases shall, wherever possible and practical, be based on at least three (3) bids or quotes, and shall be awarded to the lowest responsible bidder or vendor/service provider.

b. Notice Inviting Bids. The Purchasing Officer shall solicit bids by written requests to prospective vendors, by telephone and/or by public notice posted on a public bulletin board in the civic center.

c. Written Bids. Written bids shall be submitted to the Purchasing Officer who shall keep a record of all open market orders and bids for a period of one year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspection.

d. Waiver of Defects. The Purchasing Officer shall have the right to waive any defect or informality.

(Ord. #2009-544, § 1)

The Purchasing Officer shall inspect supplies and equipment delivered and contractual services performed 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. #2009-544, § 1)

All using agencies or departments shall submit to the Purchasing Officer, at such times and in such form as he prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for City use or to exchange the same for or trade in the same on new supplies and equipment. Such sales shall be made pursuant to subsections 4-4.6 or 4-4.7, whichever is applicable.

(Ord. #2009-544, § 1)

Due to the nature of professional services, the competitive bidding procedures and requirements of this Article shall not be required for the retention of such services; provided, however, that the City department primarily responsible for the project for which professional services are required shall request a formal or informal written proposal from not less than three (3) available and qualified consultants, whenever practicable. Where three (3) consultants cannot be found which could provide the required service or where it is not practicable to obtain proposals from at least three (3) available and qualified consultants, the initiating department head may then select from the available and qualified applicant consultants.

Selections based on less than three (3) firms must be documented with the names and addresses of consultants contacted by the City department primarily responsible for the project and the reasons why the provisions of this section could not be met. This documentation shall be maintained in the contract file of the City department primarily responsible for the project. The proposals received are to be evaluated on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and at fair and reasonable prices to the City.

(Ord. #2009-544, § 1)

For purchases under twenty thousand ($20,000) dollars, the award of contract shall be made by the City Manager. All purchases over twenty thousand ($20,000) dollars shall be by the City Council.

(Ord. #2009-544, § 1)