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HomeMy WebLinkAboutOrdinance #693 ORDINANCE No. 693 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE PURCHASE AND SALE OF SUPPLIES, SERVICES AND EQUIPMENT, AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING ARTICLE 135 ENTITLED "PUR- CHASING DEPARTMENT" , AND ADDING NEW SECTIONS TO THE HUNTINGTON BEACH ORDINANCE CODE. The City Council of the City of Huntington Beach does ordain as follows: Section 1. That a new article is hereby added to the Huntington Beach Ordinance Code as part of Chapter 13, to wit: Article 135, entitled "Purchasing Department," said article to consist of Sections 1350, 13517 1352, 1353, 1354, 13559 1356, 1357, 1357.17 1357.21 1357.31 1357. 5, 1357.69 1357.71 1358, 1358.19 1358.29 1358.31 1359, 1359.1, which new sections shall read in words and figures as follows: Section 1350. Purchasing Department Created. In order to establish efficient procedures for the purchase of sup- plies, 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 pur- chases, a purchasing system is hereby adopted. There is hereby created a centralized Purchasing Department in which is vested authority for the purchase of supplies, services and equipment. Section 1151. Purchasing Officer. The Purchasing Officer shall be the head, and have general supervision of the Purchasing Department. The duties of Purchasing Officer 1. Ord. No. 693 may be combined with those of any other office or position. The Purchasing Officer shall have authority to: (a) Purchase or contract for supplies, services and equipment required by any using agency in accordance with purchasing procedures prescribed by this ordinance, such administrative regulations as the Purchasing Officer shall adopt for the internal management and operation of the Pur- chasing Department and such other rules and regulations as shall be prescribed by the City Council. (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 least expense 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 ordinance and other rules and regulations. (i) Supervise the inspection of all. supplies, services and equipment purchased to insure conformance with speci- fications. 2. Ord. No. 693 (j) 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. (k) Maintain a Bidders' List, Vendors Catalog file and records needed for the efficient operation of the Purchasing Department. Section 1152. Exemptions From Centralized Purchasing. The Purchasing Officer, with approval of the City Council, may authorize in writing any agency to purchase or contract for specified supplies, services and equipment independently of the Purchasing Department; but he shall require that such purchases or contracts be made in conformity with the pro- cedures established by this ordinance , and shall be made in conformity with the procedures established by this ordinance , and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. Section 1353. Estimates of Requirements and Requisitions. All using agencies 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 , and using -agencies shall submit requests for supplies, services and equipment to the Purchasing Officer by standard requisition forms. Section 1354. Bidding. Purchases of supplies, services, equipment and the sale of personal property shall be by bid 3• Ord. No. 693 procedures pursuant to Sections 1357 and 1358. 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 $200.00, or when the commodity can be obtained from only one vendor. Section 1355. Purchase Orders. Purchases of supplies, services and equipment shall be made only by purchase order. Section 1356. _Encumbrance of Funds. Except in cases of emergency, the Purchasing Officer shall not issue any pur- chase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. Section 1357. Formal Contract Procedure. Except as otherwise provided herein, purchases and contracts for supplies, services, equipment and the sale of personal prop- erty of estimated value greater than ,92 i000.00 shall be by written contract with the lowest or highest responsible bid- der, as the case may be , pursuant to procedure prescribed herein. Section 1357.1. Notice Inviting Bids. Notices inviting bids shall include a general description of the- articles to be purchased or sold, shall state where bid blanks and speci- fications may be secured, and the time and place for opening bids. (a) 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. 4. Ord. No.: 693 (b) Bidders' List. The Purchasing Officer shall also solicit sealed bids from all responsible prospective sup- pliers whose names are on the Bidders' List or who have re- quested their names to be added thereto. (c) Bulletin Board. The Purchasing Officer shall also advertise pending purchases or sales by a notice posted on a public bulletin board in the City Hall. Section 1357.2. 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 re- sponsible 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. Section 1157.3. Bid Opening Procedure. Sealed 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 5. Ord. No. 693 not less than thirty (30) calendar days after the bid opening. Section 1157.4. Rejection of Bids. In its discretion, the City Council may reject any and all -bids presented and re-advertise for bids. Section 1357.5. Award of Contracts. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. Section 1357.6. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not per- mit the delay of re-advertising for bids, the City Council 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. Section 1357.7. Performance Bonds. The City Council shall have authority to require a performance bond before entering a contract in such amount as it shall find reason- able necessary to protect the best interest of the City. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. Section 1358. Open Market Procedure. Purchases of supplies, equipment, contractual services, and sales of personal property of an 'estimated value in the amount of SL OOO.00 or less may be made by the Purchasing Officer in the open market without observing the procedure prescribed by Section 1357, subject to approval by the City Council. 6. Ord. No. 693 Section 1358.1. Minimum Number of Bids. Open market purchases shall; wherever possible , be based on at least three bids, -and shall be awarded to the lowest responsible bidder. Section 1358.2. Notice Inviting Bids. The Purchasing Officer shall solicit bids by written requests to prospective vendors, by telephone , and by public notice posted on a pub- lic bulletin. board in the City Hall: Section 1358.3. Written Bids. Sealed 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. Section 135�. Inspection and Testing. 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. Section 1359.1. Surplus Supglies and Equipment. All using agencies shall submit to the Purchasing Officer, at such times and in such form as he shall prescribe , 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 7. Ord. No. '693 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 Section 1357 or 1358, whichever is applicable . Section 2. Severability. If any section, subsection, subdivision, sentence , clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise in- valid, such decision shall not affect the validity of the re- maining portions_ of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sec- tions,. subsections, subdivisions, sentences, clauses or phrases be, declared unconstitutional. Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California; and thirty (30) days after the adoption thereof, the same shall take effect and be in force: PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 18th day of August 1958. J _ 4 rT r I , Mayor ATTES • N 1 N �Q, r �T City Clerk 8. Ord. No, 693 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 4th day of August 1958, and was again read to said City Council at a regular meeting thereof held on the 18th day of August , 1958, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bryant, Lambert Waite, Terry, IrbX NOES: Councilmen: NONE 0 ABSENT: Councilmen: NONE '0 \T_ L. EN .I . _;t�T C' y Clerk and ex-officio Clerk `Y of the City Council of the City of 'Huntington Beach, California 9•