HomeMy WebLinkAboutOrdinance #2259 ORDINANCE NO. 2259
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 3. 02 THEREOF AND ADDING
A NEW CHAPTER 3. 02 ENTITLED, "PURCHASING
DIVISION"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by repealing Chapter 3. 02 thereof.
SECTION 2 . The Huntington Beach Municipal Code is hereby
amended by adding thereto a new Chapter 3. 02 entitled, "Purchas-
ing Division" , to read as follows :
Chapter 3. 02
PURCHASING DIVISION
3. 02 . 010 Established. The Purchasing Division is estab-
lished for the purpose of providing for centralized purchasing
of all supplies , services and equipment for the various agencies
of the city.
3. 02. 020 Officer--Duties . The purchasing officer shall
have supervision of the Purchasing Division. The purchasing
officer shall be responsible to the City Administrator. The
purchasing officer shall perform the duties and responsibilities
as outlined in the job description for purchasing officer approved
and adopted by the personnel board for such position. The pur-
chasing officer shall enjoy all fringe benefits enjoyed by depart-
ment heads .
3. 02. 030 Officer--Exemption from centralized purchasing.
The purchasing officer may authorize in writing any agency to
purchase or contract for specified supplies , services and equip-
ment independently of the Purchasing Division; but he shall require
that such purchases or contracts be made in conformity with the
procedures established by this chapter, and shall further require
periodic reports from the agency on the purchases and contracts
made under such written authorization.
3. 02 . 040 Procedures . Purchase of supplies , services , equip-
ment and the sale of surplus personal property shall be by pro-
cedures provided for in this chapter.
WSA:ps 1.
3.02 .050 Purchase orders . Purchases of supplies, services ,
and equipment shall be made only by purchase order, except that
the purchasing officer may direct that purchases , reimbursements
or allowances of a sum not to exceed fifty dollars ($50) may be
directed to the Finance Department for payment or reimburse-
ment by petty cash.
3. 02. 060 Encumbrance of funds . 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 the purchase is to be charged.
3. 02. 070 Formal bidding procedure . Except as otherwise pro-
vided in this chapter, purchases of supplies , services , equipment
of estimated value greater than eight thousand dollars ($8,000)
shall be by competitive written bid, and shall be awarded pursuant
to the procedures prescribed in this chapter. The purchasing
officer shall solicit bids in writing from prospective vendors
and may employ such other means as are calculated to ensure the
maximum participation by qualified vendors in the bid competition.
3. 02. 080 Bidder' s security. In procurements where competitive
bidding is utilized, the purchasing officer may prescribe in his
notice that each such bid be accompanied by a cash deposit not to
exceed twenty-five percent (25%) of the amount of bid. Unsucess-
ful bidders shall be entitled to return of bid security upon award
to another. A successful bidder shall forfeit his bid security
upon his 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 purchasing officer may,
upon default by refusal or failure of the successful bidder to
execute the contract , award the contract to the next lowest respon-
sible bidder. In such case, the amount of the original lowest
bidder's security may be applied to the difference between the low
bid and the second lowest bid, and the remainder, if any, shall be
returned to the defaulting original lowest bidder.
3. 02. 090 Bid opening procedure . Bids shall be submitted t
the purchasing officer in a sealed envelope and shall be identif'ed
as such on the outside cover. Envelopes designated as bids steal
be opened in public at the time and place stated in the request or
quotation. A tabulation of all bids tendered shall be open for
public inspection during regular business hours for a period of
not less than thirty (30 ) calendar days after the award.
3. 02. 100 Bid rejection. For good cause appearing, the pur
chasing officer may reject any or all bids tendered. He may waive
the informality of any bid presented to him.
3. 02 . 110 Award of bid. The award shall be to the lowest
acceptable and responsible bidder except as otherwise provided
2 .
herein. Award may be by item, if the purchasing officer deems
such manner of award to be in the best interests of the city .
3. 02. 130 Performance bonds . The purchasing officer shall
have authority to require a performance bond before making any
award or entering into any contract in such amount as he shall find
reasonably necessary to protect the best interests of the city . If
the purchasing officer requires a performance bond, the form of the
acceptable bond and amount thereof shall be described in the notices
inviting bids .
3. 02. 140 Informal bidding procedure . Purchasing of supplies ,
equipment and contractual services of an estimated value in the
amount of eight thousand dollars ( $8,000) or less may be made with-
out observing the competitive bid requirement prescribed in section
3.02 .070 , but shall be subject to the minimum bid requirement of
this chapter wherever practicable.
3. 02. 150 Bids--Minimum number. All purchases and procure-
ments , excepting open market purchases , as defined in section
3. 02.190 , shall, wherever possible , be based on at least three ( 3)
bids or quotations .
3. 02 .160 Bids--Record retention. The purchasing officer
shall keep a record of all purchases and procurements for a period
of one year after the submission of the bid, including a record of
all sources contacted and their responses , if any .
3. 02 . 170 Inspection and testing of equipment and services .
The purchasing officer may 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 .
3.02. 180 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 equip-
ment which are no longer used or which have become obsolete or worn
out . The purchasing officer shall have authority to sell all sup-
plies 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 .
3. 02. 190 Exempt and emergency procurements . The following
purchases and procurements are exempted from the requirements of
this chapter:
3.
(a) Emergency purchases and procurements :
An emergency shall be deemed to exist if:
(1) There is a great public calamity;
(2) There is immediate need to prepare for national
or local defense;
(3) There is a breakdown in machinery or an essential
service which requires an immediate procurement in order to safe-
guard the public health, safety or welfare;
I
(4) An essential, departmental operation affecting the
public health, safety or welfare would be greatly hampered if the
prescribed procurement procedure would cause an undue delay in the
procurement of the needed services .
In case of an emergency which requires the immediate
procurement of a commmodity or service, the City Administrator may
authorize the purchasing officer to secure by the open-market pro-
cedure, at the lowest obtainable price, any service or commodity
regardless of the amount of the expenditure . A full report of the
circumstances of all emergency purchases shall be submitted to the
City Administrator.
(b) Inter-agency purchase agreements :
Procurements utilizing purchasing agreements maintained
by other public agencies for the provision of services or supplies
to such agencies are exempted from the requirements of this chapter.
(c) Sole-source procurements :
In those cases where the procurement of any product or
supply is obtainable only from a single or sole source, the pur-
chasing officer, upon approval of the City Administrator, and with
the assistance of the City Attorney or his designee , shall negoti-
ate with the purveyor of such equipment , product , supply or service,
to the end that the city receives the desired product , equipment ,
service or supply on fair and equitable terms . - Purchases from
regulated public utilities may be made pursuant to applicable tariff
without regard to this section.
(d) Open market and catalog purchases :
Open market or catalog purchases and procurements of
supplies or services when estimated value of the items or services
to be procured is one thousand dollars ($1,000) or less .
4 .
(e) Competitive bidding preference :
Competitive bidding is the city' s preferred method of
procurement; however, in any procurement situation where it appears
that the interests of the city would be better served by utilizing
an alternate method of procurement, the purchasing officer may,
with the prior written approval of the city administrator, proceed
to utilize an alternate procedure. "Alternate procedure", as the
term is used herein, includes but is not limited to contract award
after negotiation between representatives of the city and one or
more prospective vendors .
3. 02. 200 Disqualification of vendors . The purchasing officer
may, for good cause appearing, decline to accept offers, bids or
quotations from prospective vendors . A vendor whose offer, bid or
quotation has been declined shall have the right to appeal such
decision of the purchasing officer to the city administrator within
a reasonable time after demand made in writing to the purchasing
officer to accept the proffered bid, offer or quotation.
SECTION 3. If any section, subdivision, sentence, clause,
phrase, or portion of this chapter, or the application thereof to
any person, is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining por-
tions of this chapter or its application to other persons . The
City Council hereby declares that it would have adopted this
chapter and eachsubsection, subdivision, sentence, clause, phrase
or portion thereof, irrespective of the fact that any one or more
sections, subdivisions, sentences, clauses, phrases or portions
or the application thereof to any person be declared invalid or
unconstitutional.
SECTION 4 . The provisions- of this ordinance insofar as they
are substantially the same as existing provisions of the Hunt-
ington Beach Municipal Code relating to the same subject matter
shall be construed as restatements and continuations and not
new enactments .
SECTION 5 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News, a weekly news-
y .
paper 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 3rd
day of January, 1978.
/�j� At
Mayor
ATTEST:
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
x City Administrator . City Atto y
INITIATED AND APPROVED:
6.
Ord. No. 2259
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, 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 19th day of December,
19 77 , and was again read to said City Council at a regular
meeting thereof held on the 3rd day of January 1978 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson.
NOES: Councilmen:
None
ABSENT: Councilmen:
Shenkman
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
Huntin ton Beach ar:d -x-.r"cio Clerk of th- City
Council, do h-er by c^r"ify ?h_;t `h s r,r� rz-cv has
been pu�lis .d in the Huntington Eezch ;ve vs on
In acc ante with the y Charter of said ::;ty.
'; BLIGfA M. tiYEN Of�TH
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City Perk
D ty City Clerk