Ordinance 1582' • •
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~~ ORDINANCE N0. 1582 ~~ '
AN ORDINANCE OF THB CITY OF CUPSRTIN0
;AMBNDZNG CHAPTER 3.24 OF THS CUPERTINO
MUNICIPAL CODE, ABLATING TO PURCHASE OF
.< SUPPLIES AND EQUIPMENT
The City Council of the City of Cupertino ordains
as follows:
SECTION I - AMENDMENTS.
Chapter 3.24 of the Cupertinq Municipal Code,
consisting of Sections 3.24.010 through 3.24.090, in-
clusive, is hereby repealed in i`_s entirety and a new
Chapter 3.22, entitled, "Purchase of Supplies and Equip-
went," and sections are hereby enacted to be numbered,
entitled and to read as follows:
Section 3.22.010 - Purpose of Chapter.
This Chapter is enacted to set forth policy to
establish efficient procedures for the purchase of sup-
plies, materials, equipment and services at the lowest
possible coat commensurate with quality needed and to
clearly define authority for the purchasing function of
the City.
Section 3.22.020 - Definitions.
For the purposes of this Chapter, the following
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words and phrases shall have the meanings ascribed to
them by this Section.
t. "City" means and includes all the territory
lying within the municipal boundaries of the City .of
Cupertino.
2~ "Purchases." Purchases of supplies and equip-
ment shall include leases or rentals, as well as trans-
actions by which the City acquires ownershig.
3. "Purchasing Officer" means the finance
director of the City or any other official designated by
the City Manager for administration of this chapter.
4. "Services" means any and all services includ-
ing, but not limited to, equipment service contracts.
The term does not include services rendered by City of-
ficers or employees, or professional or other services
which are by nature unique or for which the procedure
for procurement is specifically provided 'by law.
5. "Supplies," "Materials" and "Equipment" means
any and all articles, things or personal property furn-
ished to or used by any City function.
Section 3.22.030 - Purchasing Officer.
The Purchasing Officer of the City is vested with
the authority for the purchase of supplies, .materials,
equipment and services. When the provisions and intent
of this Chapter may be best served by so doing, the
Purchasing Officer may authorize in writing any
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department to investigate, solicit bids or to negotiate
the purchase or award of contracts for supplies,.
materials, equipment or services for that department,
provided that such shall be done in conformity with the
procedures prescribed by this Chapter or by duly adopted
administrative rules and regulations pertaining thereto.
:,..,The Purchasing Officer shall have the responsibil-
ity-,and authority to: _
A. Purchase or contract for materials, supplies,
equipment and services to be performed as may be requir-
ed by any department of the City,in accordance with pro-
cedures prescribed by this Chapter or by such admini-
strative rules and regulations as the Purchasing Officer
may adopt pursuant thereto;
B. Prepare and adopt administrative rules and
regulations not in conflict with: the provisions of this
Chapter for the purpose of carrying out the requirements
and intent of this purchasing system.
Section 3.22.040 - Purchase Orders Or Check Requests.
A. Purchases of supplies, materials, equipment
or services shall be made only by means of purchase
orders or check requests processed and issued pursuant
to this Chapter. The purchase orders or check requests
shall be valid only when signed by the City Manager, the
Purchasing Officer or other persons as may. be designated
by the Purchasing Officer to act in his behalf.
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8. Nothing herein shall preclude the use of
authorized petty cash funds for purposes intended by
their-establishment.
Section 3.22.050 - Availability of Funds.
.The Purchasing Officer shall not issue any pur-
chase order or check request, or award any contract for
the acquisition of supplies, materials, equipment or
services unless there exists an unencumbered appropria-
tion in the funds as approved by city council resolution
adopting procedures for administration of the annual
budget. The appropriate account and funds shall be
encumbered immediately after the issuance of the
purchase order or check request or award of contract.
Section 3.22.060 - Awards of Contracts.
A. In instances where the acquisition of sup-
plies, materials, equipment or services will result in
the issuance of a purchase order or check request, or
the award of a contract with a dollar value equal'to or
in .excess of the required dollar value for public works
contracts described in Section 22032(b) of the Public
Contract Code, such will be authorized only on action
taken by the City Council.
each action shall be taken through the formal
competitive bidding procedure utilized for public works
projects as set forth in Chapter 3.23 of this Code, or
pursuant to the recommendation of the City Manager:when
use of the bidding procedure is not practicable due to
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limitations on the source of supply, necessary restric-
tions in specifications, necessary standardizatioq,
quality considerations or other valid reasons for
waiving the competitive biddigg procedures ..appear..:.
B. .The Purchasing .Officer may, award contracts or
issue purchase orders or check requests for the acquisi-
tion of supplies, materials, equipment or services in
the open macket without observing the. competitive bid-
ding procedure for public works projects prescribed in
Chapter 3.23 of this Code when the estimated dollar
value is less $2,500.
C. In instances where the acquisition of sup-
- plies, materials, equipment or service will foreaeeably
result in issuance of a purchase. order oc check request,
or the award of a contract with a dollar value of
greater than S2,500, but less than the dollar value
described in Section 22032(b) of the Public Contracts
Code, the Purchasing Officer may award contracts, or
issue purchases order or check requests for the
acquisition of supplies, materials, equipment or
services under the following informal proceduress
1) A notice inviting informal bids deacrib-
inq the supplies, materials, equipment or services in
general terms, stating how to obtain more detailed infor-
mation about them, and stating the time and place for
the submission of bids, shall be mailed to a minimum of
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three qualified vendors at least 10 calendar days before
such bide are due.
2) All informal bide shall be presented
under:sealed cover (identified as bids on the envelope),
submitted to the Purchasing Officer who shall open them
at the'time and place stated'in the notice.
- 3) Purchase orders or check requests shall
be issued or contracts awarded to the lowest responsible
bidder:
4) Publication of notice inviting informal
bids is not required under this informal procedure.
D. Notwithstanding the provisions of this Sec-
tion'the Purchasing Officer, shall be suthorized'to
issue a purchase order or check request, or award a
contract, without regard to the estimated dollar value,
in the following instances:
"'(1) Emergency Purchases. The immediate require-
ment`of an item necessary for the continued operation of
a department or for the preservation of life or property
shall be deemed an emergency: A full report of the cir-
cumstances of emergency purchases in excess of the re-
quired dollar value for competitive bidding established
in the Public Contract Code shall be filed with the City
Council at its next regular meeting.
(2) Purchase orders, or check requests including
payment of claims against the City where a reasonable
advance estimate of cost is not possible or for essen-
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tial services of a recurring nature. Included but not
limited to this authorization are such items as utility
service for telephone, water, electricity and gas,
approved claims for liability under the City's insurance
program, renewal premiums for authorized insurance poli-
ciea, all expenditures for the City's payroll and em-
ployee withholdings and other related or unrelated mat-
ters involving this unknown advance cost estimate.
Section 3.22.070 - Purchases From Other Public Agencies.
Purchases of supplies, materials, equipment or
services from any other public agency created under the
laws of the State of California or the United States
Government, including the purchase of federal surplus
property, is exempted from the provisions of this
Chapter.
Section 3.22.080 - Severability.
If any section, subsection, subdivision, sen-
tence, clause or phrase of this Chapter is for any rea-
son held to be unconstitutional or otherwise void or
invalid, by any court of competent jurisdiction the
validity of the remaining portion of this Chapter shall
not be affected thereby.
Section iI - Enforcement.
This Ordinance shall be in full force and effect
thirty days after the date of its passage and adoption.
The City Clerk is hereby authorized and in-
structed to file a certified copy of this ordinance upon
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its becoming effective with the Sheriff's Office of the
County of Santa Clara, State of California.
Section III - Publication
The City Clerk shall cause th?.s ordinance to be
published at least once in a newspaper of general cir-
culation published and circulated in the City within
fifteen (15) days after its passage, in accordance with
Section 36933 of the Government Codej shall certify to
the adoption of this ordinance and shall cause this
ordinance and her certification, together with proof of
publication, to be entered in the Book of Ordinances of
the Council of this City.
INTRODUCED at a regular meeting of the City
Council this r~ d day of Februarv - 1992, and ENACTED
at a regular meeting of the City Council this _lg~t, day
of Februarv , 1992, by the following votes
Vote: Members of the City Council:
'Ayes: Dean, Goldman. Roppel. Szabo. Sorensen
Noes: None
Absent: None
Abstain: None
ATTEST.. APPROVEDs
C t Cler ,,/~r. C tY Cupertino
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