HomeMy WebLinkAboutOrdinance #1842 ORDINANCE NO. 1842
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLE 135 AND AMENDING ARTICLE
137 BY ADDING THERETO THE PURCHASING DIVISION
AND BUSINESS LICENSES, AND BY AMENDING SECTION
2112 . E
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1%* Article 135, entitled "Purchasing Department" ,
of the Huntington Beach Ordinance Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by renumbering former sections 1373 and 1374 to 1378
and 1379 respectively .
SECTION 3 . The Huntington Beach Ordinance Code is hereby
amended by amending Section 2112 . 6 to read as follows :
2112 . 6 . ENFORCEMENT. The Director of Finance is hereby
charged with the administration and enforcement of each and
every provision contained in this chapter, and wherever in
this chapter the term "City Clerk" appears , it shall mean
the Director of Finance, except that any appeal shall be taken
pursuant to provisions set out in Section 2112 . 5. 5 hereof.
The License Supervisor and Chief of Police shall render such
assistance in the enforcement hereof as may from time to time
be required by the Director of Finance or the City Council.
The License Supervisor, in the exercise of the duties imposed
upon him hereunder, shall examine or cause to be examined all
places of business in the City of Huntington Beach to ascertain
whether the provisions of this chapter have been complied with .
The Director of Finance, the License Supervisor and his inspec-
tors , and any police officer shall have the power and authority
to enter, free of charge at any reasonable time, any place of
business required to be licensed herein, and demand exhibition
of its license certificate . Any person having such license
certificate theretofore issued, in his possession or under his
control, who willfully fails to exhibit same on demand, shall
be guilty of a misdemeanor and subject to the penalties pro-
vided by this chapter. It shall be the duty of the Director
1 .
of Finance, or his representatives, to cause a complaint to be
filed against any and all persons found in violation of any of
the provisions set forth herein.
SECTION 4 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto Sections 1372 . 12, 1373, 1373 . 1,
1373 . 2, 1373 . 3, 1374, 1374 . 1, 1374 . 2, 1374 . 3, 1374 . 4,
1374 . 5, 1374 . 6, 1374 . 7, 1374 . 8, 1374 . 9, 1375; 1375 . 1, 1375. 2,
1375 . 3, 1376, and 1377 to read as follows :
1372 . 12 . BUSINESS LICENSES . ADMINISTRATION OF. The
Director of Finance shall supervise and be responsible for the
administration and enforcement of Chapter 21, "Business
Licenses" .
1373 . PURCHASING DIVISION CREATED. The Purchasing
Division is hereby created, under the supervision and direction
of the Director of Finance, for the centralized purchase of
supplies, services and equipment .
1373 . 1 . PURCHASING OFFICER. The Purchasing Officer shall
• have general supervision of the Purchasing Division. The
Purchasing Officer shall be responsible to the Director of Fi-
nance. The Purchasing Officer shall perform the duties and re-
sponsibilities as outlined in the job description for Purchasing
Officer approved and adopted by the Personnel Board. The Pur-
chasing Officer shall enjoy all fringe benefits enjoyed by
department heads .
1373 . 2. 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 Division; but he shall require that such pur-
chases or contracts be made in with the procedures
established by this ordinance, and shall further require
periodic reports from the agency on the purchases and con-
tracts made under such written authorization.
1373 . 3 . 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 .
1374 . BIDDING. Purchases of supplies, services, equip-
ment and the sale of personal property shall be by bid pro-
cedures pursuant to Sections 1374 . 3 and 1375 . Bidding shall
2.
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.
1374 .1. PURCHASE ORDERS . Purchases of supplies, serv-
ices and equipment shall be made only by purchase order.
1374 . 2. ENCUMBRANCE OF FUNDS . Except in cases of
emergency, the Purchasing Officer shall not issue any purchase
order for supplies, services or equipment unless there exists
an unencumbered appropriation in the fund account against which
said purchase is to be charged.
1374 . 3 . FORMAL CONTRACT PROCEDURE . Except as otherwise
provided herein, purchases and contracts for supplies, services,
equipment and the sale of personal property of estimated value
greater than $2,000 . 00 shall be by written contract with the
lowest or highest responsible bidder, as the case may be, pur-
suant to procedure prescribed herein.
1374 . 4 . 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 con-
tract 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 con-
tract to the next lowest bidder, the amount of the lowest
bidder' s security shall be applied by the city to the differ-
ence between the low bid and the second lowest bid, and the
surplus , if any, shall be returned to the lowest bidder.
1374 . 5 . 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 not less than thirty
(30 ) calendar days after the bid opening.
1374 . 6 . REJECTION OF BIDS . In its discretion, the City
Council may reject any and all bids presented and readvertise
for bids .
1374 . 7 . AWARD OF CONTRACTS . Contracts shall be awarded
by the City Council to the lowest responsible bidder except
3.
as otherwise provided herein.
1374 . 8 . 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 permit the delay or
readvertising 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.
1374 . 9 . PERFORMANCE BONDS . The City Council shall have
authority to require a performance bond before entering a con-
tract in such amount as it shall find reasonably 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 .
1375 . OPEN MARKET PROCEDURE. Purchases of supplies,
equipment , contractual services, and sales of personal prop-
erty of an estimated value in the amount of $2 ,000. 00 or less
may be made by the Purchasing Officer in the open market with-
out observing the procedure prescribed by Section 1374. 3,
subject to approval by the City Council.
1375 . 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.
1375 . 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 public bulletin
board in the City Hall .
1375 . 3 . WRITTEN BIDS . Sealed written bids shall be sub-
mitted 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 the bids or the placing of orders . This
record, while so kept, shall be open to public inspection.
1376 . 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 Pur-
chasing 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 specificatons .
1377 . SURPLUS SUPPLIES 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
4 .
equipment which are no longer used or which have become obso-
lete 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 Section
1374 . 3 or 1375, whichever is applicable .
SECTION 5 . The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Ordinance Code relating to the same subject
matter shall be construed as restatements and continuations
and not as new enactments .
SECTION 6 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the pas-
sage of this ordinance and cause same to be published within
fifteen days after adoption in the Huntington Beach News , a
weekly newspaper of general circulation, printed and published
in Huntington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of May, 1973 •
Mayor
ATTEST: APPROVED AS TO FORM:
• �y
G'G' �
City Clerk ty Att rney
5•
Ord. No. 1842
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 7th day of May
19 73 , and was again read to said City Council at a regular
meeting thereof held on the 21st day of May , 19 73 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Shipley, Bartlett, Gibbs , Green, T)ttke, Mntnpy
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
i, Alicia M, Wentworth CITY CLERK of the City of
Huntingdon Beach and ex-officio Clerk of the City
Council, do hereby certify that this ordinance has
been published in the Huntington Beach News on
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In occur a c wi t Ci, Charter of said Cit
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City Clerk
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