HomeMy WebLinkAboutOrdinance #2433 ORDINANCE NO . 2433
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING NEW SUBSECTION (f) TO SECTION
3.02.190 RELATING TO PUBLIC WORKS CONSTRUCTION
CONTRACTS
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding new subsection (f) to Section 3.02.190 to read
as follows:
3 .02.190 Exempt and emergency procurements . The following
purchases and procurements are exempted from the requirements of
this chapter:
(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;
( 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 service .
In case of an emergency which requires the im-
mediate procurement of a commodity or service, the city
administrator may authorize the purchasing officer to secure
by the open-market procedure , at the lowest obtainable price,
any service or commodity regardless of the amount of the ex-
penditure . A full report of the circumstances of all emergency
purchases shall be submitted to the city administrator.
(b) Interagency purchase agreements . Procurements utilizing
WSA: ahb
4/3/80 1 .
purchasing agreements maintained by other public agencies for
the provision of services or supplies to such agencies are ex-
empt 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 purchasing officer, upon approval
of the city administrator, and with the assistance of the city
attorney or his designee, shall negotiate 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 re-
gard to this section.
(d) Open market and catalog purchases. Open market or
catalog purchases and procurements of supplies or services are
exempt from the requirements of this chapter when the estimated
value of the items or services to be procured is one thousand
dollars ($1000) or less .
(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 alternative
method of procurement , the purchasing officer may, with the
prior written approval of the city administrator, proceed to
utilize an alternative procedure. "Alternative 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 .
(f) Public works construction contracts , Those public
works construction contracts , and the separate procurement of ma-
terials and supplies therefor, which are governed by other appli-
cable laws, including but not limited to the city Charter.
SECTION 2. 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 Independent , a news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington .Beach at a regular meeting thereof held on the 2nd
day of June 1980•
I
2 .
a
Ma yor
ATTEST- APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Ci y Administrator Director of Public Works
3.
Ord. No 2433
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 May
19 80 , and was again read to said City Council at a regular
meeting thereof held on the 2nd day of June 19 80 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
L Alicia M. Wentvvi: CITY CLERK' of the City of
Huntington Beach .and ex-officio Clerk of the City
C.Dun6, d3 hereby certliy that a synopsis of this
ordira:tt-e 'as been published in the Huntington
63aclr crA on 3 , G 19 0 '0_
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In accor�a a with the City Charter of said City.
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— City Clerk
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Deputy City CiBrk