HomeMy WebLinkAboutOrdinance #3877 ORDINANCE NO. 3877
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 3.02 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PURCHASES OF GOODS AND SERVICES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 3.02.025 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.02.025 Definitions. For the purposes of this Chapter, the following definitions apply:
(a) Bid or Proposal Documents. The documents, including their attachments and
addenda, which set forth instructions to bidders or proposers, and are disseminated for
the purpose of soliciting bids or proposals.
(b) City Administrator shall mean City Administrator or his/her designee.
(c) City Employee. An individual who performs services for the City in the capacity of
an elected or appointed official, or as a compensated employee of the City or of a
temporary services agency retained by the City. "City employee" does not include
independent contractors.
(d) Contract. Agreements, regardless of what they may be labeled, between the City and
one or more other parties for the purchase or disposition of goods and/or services.
(e) ContractorNendor/Supplier. Any person who has entered into an agreement with the
City for the provision or disposition of goods and/or services.
(f) Environmentally Preferred Purchasing (EPP). The current EPP Best Practices Guide
to assist in the procurement of services, goods and materials that have the lowest life
cycle cost; and provide the basis for securing environmentally friendly and
sustainable purchasing practices.
(g) Finance Director shall mean the Finance Director or his/her designee.
(h) Financial Interest.
(1) Ownership of any interest or involvement in any relationship from which, or
as a result of which, a person has received compensation within the past year,
or is entitled to, or is currently receiving compensation;
(2) Ownership, whether wholly or in part, of any property or business; or
(3) Status as an officer, director,trustee,partner, employee, or manager of a
business.
(i) Goods. Articles moveable at the time of sale, including but not limited to equipment,
supplies and materials.
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(j) Gratuity. A gift, payment, loan, advance, deposit of money, or service, presented or
promised in return for or in anticipation of favorable consideration in the procurement
process. "Gratuity" does not include the compensation paid by or due from the City
or from a temporary service agency under contract with the City to an employee in
connection with the employee's services for the City.
(k) Immediate Family. Any spouse, child, stepchild, parent or stepparent of a City
employee. The relationship of parent to child includes both natural and adoptive
relationships.
(1) Local Business. A business entity with one or more fixed offices and/or locally
taxable distribution points within the boundaries of the City of Huntington Beach
which holds a current and valid City business license with a Huntington Beach
business street address.
(m)Maintenance and Repair Services. Services intended to preserve and/or restore a
public work to a clean, safe, efficient and/or continually usable condition.
Maintenance and repair services may include, but are not limited to: carpentry,
electrical, painting,plumbing, glazing and other craftwork to preserve a facility in the
condition for which it was intended; repairs, cleaning and other operations on
machinery and other equipment permanently attached to a facility as fixtures; the
mowing, pruning, and trimming of lawns, grass, trees, shrubs, bushes and hedges; and
the regular removal or relocation of by-products or waste products accumulated at
City facilities as the result of ongoing environmental processes.
(n) Person. Any individual, partnership, limited partnership, association, corporation,
labor union, committee, club, or governmental, public or quasi-public entity.
(o) Procurement. The acquisition of goods and/or services by the City, including but not
limited to purchasing, rental or leasing, and all functions and procedures pertaining to
such acquisitions.
(p) Professional Services. Services, which involve the exercise of professional discretion
and independent judgment based on an advanced or specialized knowledge, expertise
or training gained by formal studies or experience. Such services include, but are not
limited to, those provided by appraisers, architects, attorneys, engineers, instructors,
insurance advisors, physicians and other specialized consultants. The procurement of
professional services is governed by Huntington Beach Municipal Code Section 3.03.
(q) Responsible Bidder. A bidder determined by the awarding authority:
(1) To have the ability, capacity, experience and skill to provide the goods and/or
services in accordance with bid specifications;
(2) To have the ability to provide the goods and/or services promptly, or within
the time specified, without delay;
(3) To have equipment, facilities and resources of such capacity and location to
enable the bidder to provide the goods and/or services;
(4) To be able to provide future maintenance, repair,parts and service for the use
of the goods purchased, if appropriate;
(5) To have a record of satisfactory or better performance under prior contracts
with the City and other purchasers where such bidder has previously been
awarded such contracts;
(6) To have complied with laws, regulations, guidelines and orders governing
prior or existing contracts performed by the bidder,if applicable;
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(7) To meet the City standards for environmentally preferable procurement.
(r) Responsive Bidder. A bidder determined by the Purchasing/Central Services
Manager to have submitted a bid or proposal which conforms in all material respects
to the requirements of the bid or proposal documents.
(s) Services. Work performed or labor, time and effort expended by an independent
contractor.
(t) Specifications. A description of the physical or functional characteristics or of the
nature of the required goods and/or services.
(u) Surplus Personal Property. Goods owned by the City which are no longer needed or
which are obsolete or unserviceable, property that is a by-product (scrap metal, used
tires and oil, etc.), or any unclaimed, seized or abandoned personal property in the
possession or custody of the department of public safety which may be legally
disposed of by the City.
SECTION 2. Section 3.02.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.02.050 Procurement and disposition responsibilities.
(a) The Director or his/her designee represented of the Department requiring goods and
services, other than professional services, shall:
(1) Identify its procurement needs and the availability of funding.
(2) Submit to the Purchasing/Central Services Manager specifications for the required
goods and/or services.
(3) Participate in the evaluation of bids and proposals, as required.
(4) Inspect goods delivered and services, other than professional services, performed
to determine conformity with the requirements set forth in the bid or proposal
documents and with contractual obligations, authorize payment for conforming
goods and/or services and notify the Purchasing/Central Services Manager of
nonconforming goods and/or services.
(5) In developing plans, drawings, work statements, specifications, or other product
descriptions,the department shall ensure,to the maximum intent economically
feasible, the purchase of environmentally preferable products or services that
comply with the City's Strategic Plan goal and current EPP Best Practices Guide.
This includes, but is not limited to, products that are durable, recyclable, reusable,
readily biodegradable, energy efficient, made of recycled materials, and nontoxic.
Furthermore, the department shall purchase products and services based on long-
term environmental and operating costs, and find ways to include environmental
and social cost in short-term prices.
(b) Finance Director. The Finance Director shall be responsible for the procurement of
goods and/or services for the City in accordance with the provisions of this Chapter.
No procurement of goods and/or services shall be made by any City employee
independently of the Finance Director except in cases of emergency, unless otherwise
authorized in writing by the City Administrator. The Finance Director shall:
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(1) Prepare and recommend to the City Administrator operational procedures and
forms for the procurement of goods and/or services in cooperation with the
Department Directors.
(2) Procure or supervise the procurement of all goods and/or services needed in
coordination with the department.
(3) Process the contracts awarded.
(4) Whenever possible, establish standardized specifications and consolidation of
requirements for goods and/or services required by two or more departments.
(5) Determine the types and amounts of bid security and any performance security
acceptable for City procurements.
(6) Be the awarding authority for every procurement of goods and/or services for:
(i) which the City has an approved budget and sufficient unencumbered
appropriated funds; and
(ii) wherein the cost of which will be fully paid or reimbursed to the City,
regardless of amount.
(7) Review the results of all formal competitive bid and proposal solicitations for
which the City Council is the awarding authority.
(8) Assure compliance with the current Best Practices Guide to the extent practicable, and
document exceptions to the EPP.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of April , 2010.
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ATTEST: APPROVED AS TO FORM:
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City Clerk City Attorney DY-m �1,)1,,.0
REVIE ND APPROVED: INITIATED AND APPROVED:
r/A/ministrator Director of ublic Works
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Ord. No. 3877
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified 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 seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on April 5, 2010, and was again read to said City Council at a
regular meeting thereof held on April 19,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 29,2010.
t
In accordance with the City Charter of said City
Joan L. Flynn, 01y Clerk Cff Clerk and ex-officio Uerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California