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HomeMy WebLinkAboutOrdinance 3718 ORDINANCE NO. 3 71 g AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTERS 2.08, 2.16,2.72, 2.76, 2.101, 2.107 AND 3.02 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO UPDATE THE LANGUAGE AND TERMS USED THEREIN AND MODIFY REFERENCES TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES The Citv Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 2.08 of the Huntington Beach Municipal Code is hereby amended by deleting sections 2.08.020,2.08.040 and 2.08.070 thereof, the remaining sections of said Chapter shall be amended to read as follows: 2.08.010 Powers--Duties. In addition to the powers and duties of the City Administrator enumerated in the Huntington Beach City Charter, Article VI,the following shall also apply: (a) Route Administration. To execute on behalf of the Council, its administrative supervision and control of such affairs of the City, as may be placed in his/her charge; (b) Meeting. To attend meetings of the Council,with the duty of reporting on or discussing any matter concerning the affairs of the departments, services or activities under his/her supervision upon which in his/her judgment the Council should be informed unless excused therefrom by the City Council, except when his/her removal is under consideration by the City Council; (c) Mail. To receive and open all mail addressed to the Council and give immediate attention thereto to the end that all administrative business referred to in said communications and not necessarily requiring councilmanic action, may be disposed of between Council meetings. Provided that all actions taken pursuant to such communications shall be reported to the Council at its next regular meeting thereafter; (d) Coordination of Departments. To assist the Council in coordinating the administrative functions and operations of the various departments, divisions and services of the city government; and, on its behalf to carry out the policies, rules and regulations and ordinances adopted by it,relating to the administration of the affairs of such departments, divisions or services; (e) Analysis and Recommendations. To analyze the functions, duties and activities of the various departments, divisions and services of the city government and of all employees thereof; and to make such recommendations to the Council with reference thereto as in his/her judgment will result in the highest degree of efficiency in the overall operation of the city government; (f) Director of Civilian Defense. To act as local director of civilian defense; (g) Budget Estimates. To cause to be prepared and submitted to him by each department, division or service of the city government, itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages and miscellaneous 05ord/admin sves update 1 Ord. 3718 operating costs; to tabulate the same into a preliminary consolidated municipal budget and submit the same to the Council before the fifteenth day of June of each year with recommendations as to such changes which he/she deems advisable; (h) Administration of Budget. To be responsible for the administration of the budget after its final adoption, and to keep the Council informed with respect thereto; (i) Supervision over Expenditures. As agent for the Council, to supervise the expenditures of all departments, divisions or services of the city government; (j) Equipment Inventory and Purchase. To make, and keep up to date, an inventory of all property,real and personal, owned by the City, and to recommend to the Council the purchase of new machinery, equipment and supplies whenever in his/her judgment the same can be obtained at the best advantage,taking into consideration trade-in value of machinery,equipment, etc., in use; (k) Public Improvements. To develop and organize necessary public improvement projects and programs; and to aid and assist the Council and various departments in carrying the same through to successful conclusion; (1) Cooperation with Community Organizations. To cooperate within lawful limits, with all community organizations whose aim and purpose it is to advance the spiritual and material interests of the City and its people; and to provide the, within lawful limits, with assistance through the city government; (m)Additional Duties. To perform such other duties pertaining to this position as.the Council may from time to time,reasonably require; (n) Agency for Council--Limitations. The City Administrator shall act as the agent for the City Council in the discharge of its administrative functions but shall not exercise any policy-making or legislative functions whatsoever,nor attempt to commit or bind the Council or any member thereof to any action,plan or program requiring official councilmanic action; (o) Duties Vested Elsewhere. It is not intended by this section to grant any authority to, or impose any duty upon the City Administrator which is vested in or imposed by general law or valid city ordinances in any other city commission,board, department, officer or employee. (524-2/48, 1935-11/74) 2.08.030 Eligibility-Councilmember. No person elected as a Councilmember of the city shall, subsequent to such election, be eligible for appointment as City Administrator until one year has elapsed after such Councilmember shall have ceased to be a member of the City Council. (740-12/59) 2.08.050 Absence. The City Administrator shall designate an officer of the city to serve as acting City Administrator during any temporary absence or disability of the City Administrator. In the event of failure to make such designation,the City Council may appoint an officer to perform the duties of the City Administrator during the period of absence or disability of said City Administrator. (740-12159) 2.08.060 Administrative contingency account. Consistently with section 518 of the City Charter, the City shall maintain in the administrator's departmental budget an account to be known as the administrative contingency account. The balance of this account at any one time shall not exceed three thousand dollars ($3 000) and initially shall be so 05ord/admin svcs update 2 Ord. 3718 budgeted. The City Administrator,when in his/her discretion it is in the best interests of the city so to do,may without Council approval pay out of or encumber said account for goods or services for municipal purposes which are not otherwise budgeted, in an amount not to exceed the then unencumbered account balance. Provided,however,that at the next regular or adjourned meeting of the City Council, the City Administrator shall report any expenditures or encumbrances charged to said account and request that said expenditures or encumbrances be transferred to the proper departmental budget account or accounts,which shall have the effect of replenishing said administrative contingency account to its original balance. Where no amount has been budgeted in any account which may properly be charged with the expenditure or encumbrance,the administrator shall present to Council at the next regular or adjourned regular meeting a resolution amending the city budget to provide for such appropriation transfer. (2123-11/76) 2.08.120 Standard of conduct. In the discharge of his/her duties as City Administrator, the person holding such position shall endeavor at all times to exercise the highest degree of tact,patience and courtesy in contacts with the public and with all city commissions, boards, departments, officers and employees, and shall use his/her best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of this city to the end that the highest possible standards of public service be continuous. (524-2148) 2.08.130 Attendance at commission or board meetings. The City Administrator may attend any and all meetings of any commissions,boards or committees hereafter created by the City Council, upon his/her oven volition or upon direction of the City Council. At such meetings which the City Administrator attends, he/she shall be heard by such commissions,boards or committees as to all matters upon which he/she wishes to address the members thereof; and shall inform said members as to the status of any matter being considered by the City Council,and shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council. (740 - 12/59) 2.08.140 Council Administrator relations. The City Council and its members shall deal with the administrative services of the city only through the City Administrator, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give any orders to any subordinates of the City Administrator. The City Administrator shall take orders and instructions from the City Council as a body, and no individual Councilmember shall give any orders or instructions to the City Administrator. (740-12/59) SECTION 2. Section 2.16.020 of Chapter 2.16 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.16.020 Powers. The City Treasurer shall have the power to: (a) Receive on behalf of the City all taxes, assessments, license fees, and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State, or Federal Governments, or from any court, or from any office, department, or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City of any office, department, or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or,if no such resolution be adopted,then is such 05ord(admin sves update 3 Ord. 3718 depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing, and securing of public funds. (c) Pay out monies only on proper orders or warrants in the manner provided for in the City Charter. (d) Prepare and submit to the Finance Officer monthly written reports of all receipts, disbursements, and fund balances, and shall file copies of such reports with the City Administrator and City Council (e) Manage the Business License functions of the City. SECTION 3. Sections 2.72.020, 2.72.040 and 2.72.070 of Chapter 2.72 of the Huntington Beach Municipal Code are hereby amended to read as follows: 2.72.020 Division created. A personnel division is created and shall be under the supervision and control of the City Administrator or his/her designee. (1225-8/66, 1642-6/71, 2464-12/80) 2.72.040 City Administrator--Duties. The City Administrator or his/her designee shall administer the provisions of this code relating to personnel and city employees;the personnel resolution; and the employer-employee relations resolution. The City Administrator or his/her designee, shall be the city's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith with recognized employee organizations within the scope of representation and, shall serve as secretary to the personnel board. (1225-8/66, 1642-6/71,2464-12/80) 2.72. 070 Commission--Functions and duties. The Personnel Commission shall have the power and be required to: (a) Act in an advisory capacity to the City Council and City Administrator on personnel administration; (b) Make any investigation upon request of the City Council concerning the administration of the personnel system and report its findings to the City Council and City Administrator; (c) Hear appeals on grievance matters for final decision except for such matters as may be submitted to final and binding arbitration; (d) Hear appeals from industrial disability retirement determinations made by the City Administrator or his/her designee; (e) Hear appeals from decisions of the City Administrator or his/her designee made pursuant to the employer-employee relations resolution; (f) Determine hearing procedures and select hearing officers and advisory arbitrators for hearings; (g) Review impasse matters as provided in the employer employee relations resolution; 05ord/admin svcs update 4 Ord. 3718 (h) Review charges alleging discrimination brought by employees or applicants for employment; and (i) Perform such other personnel duties and functions as may be prescribed by ordinance or resolution. (1225-8/66,1642-6/71,2377-7/79,2464-12/80) SECTION 4. Section 2.76.010 of Chapter 2.76 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.76.010 Exclusions from competitive service. Pursuant to Section 403 of the City Charter, it is declared that all departments and appointive officers and employees of the City are included within the personnel system and the competitive service except: (3088-1/91) (a) Elective officers; (3088-1/91) (b) City Administrator; (3088-1/91) (c) Deputy City Administrator; (3088-1/91) (d) Members of appointive boards,commissions and committees; (3088-1/91) (e) Persons engaged under contract to supply expert, professional,technical or other services; (3088-1/91) (f) Emergency employees who are hired to meet the immediate requirements of the emergency; (3088-1/91) (g) Employees who are employed to work a regular schedule of less than 1040 hours in any fiscal year; (3088-1/91) (h) Temporary employees. (1225-8/66, 1642-6/71,3088-1/91) (i) Appointive Department Heads. (3122-1/94) SECTION 5. Section 2.101.070 of Chapter 2.101 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.101.070 Acceptance of gifts. The Board may accept all gifts, devises, legacies or bequests, either real or personal property from any source,public or private. An acquisition by or dispersal to the Board shall be administered through the Community Services Department of the City on authorization from this Board. All acquisitions and/or dispersals shall be consistent with the purposes and functions of the Board as set forth in section 2.101.020 above. (2385-7/79,2690-7/84,2904-7/87) SECTION 6. Section 2.107.080 of Chapter 2.107 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.107.080 Acceptance of gifts. The board may recommend to the City Council the acceptance of all gifts, devises, legacies or bequests, either real or personal property from any source,public or private. Any acquisition to the board shall be administered through the Community Services Department of the city on authorization from this board. All 05ord/admin svcs update 5 Ord. 3718 acquisitions shall be consistent with the functions of the board as set forth in Section 2.107.060 above. Historic structures surveys, collection management policies and documentation on historic artifacts will be reviewed by the board as required. (3083-12/90) SECTION 7. The following sections of Chapter 3.02 of the Huntington Beach Municipal Code are hereby amended to read as follows: 3.02.010 Established. The Central Services Division is established for the purpose of providing for centralized purchasing of all supplies, services and equipment for the various agencies of the City. (2259-2/78,2464-12/80,3510-10/01) 3.02.020 Officer--Duties. The Finance Officer shall direct the activities of the Central Services Division. The Purchasing/Central Services Manager shall be responsible to the Finance Officer. (2259-2/78,2464-12/80,3510-10/01) 3.02.025 Definitions. For the purposes of this Chapter, the following definitions apply: (3510-10/01) (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.(3510-10/01) (b) City Administrator shall mean City Administrator or his/her designee. (3510-10/01) (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. (3510-10/01) (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. (3510-10/01) (e) ContractorNendor/Supplier. Any person who has entered into an agreement with the City for the provision or disposition of goods and/or services. (3510-10/01) (f) Finance Officer shall mean the Finance Officer or his/her designee. (3510-10/01) (g) Financial Interest. (3510-10/01) (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; (3510-10/01) (2) Ownership, whether wholly or in part, of any property or business; or(3510- 10/01) (3) Status as an officer, director,trustee,partner, employee, or manager of a business. (3510-10/01) (h) Goods. Articles moveable at the time of sale, including but not limited to equipment, supplies and materials. (3510-10/01) (i) 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 05ord/admin svcs update 6 Ord. 3718 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. (3510-10/01) (j) 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. (3510-10/01) (k) 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. (3510-10101) (1) 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. (3510-10/01) (m)Person. Any individual, partnership, limited partnership, association, corporation, labor union, committee, club, or governmental,public or quasi-public entity. (3510- 10/01) (n) 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. (3510-10/01) (o) 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. (3510-10/01) (p) Responsible Bidder. A bidder determined by the awarding authority: (3510-10/01) (1) To have the ability, capacity, experience and skill to provide the goods and/or services in accordance with bid specifications; (3510-10/01) (2) To have the ability to provide the goods and/or services promptly, or within the time specified, without delay; (3510-10/01) (3) To have equipment, facilities and resources of such capacity and location to enable the bidder to provide the goods and/or services; (3510-10/01) (4) To be able to provide future maintenance, repair,parts and service for the use of the goods purchased, if appropriate; (3510-10/01) (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; (3510-10/01) (6) To have complied with laws,regulations, guidelines and orders governing prior or existing contracts performed by the bidder, if applicable; (3510-10101) 05ord/admin secs update 7 Ord. 3718 (q) 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. (3510-10/01) (r) Services. Work performed or labor,time and effort expended by an independent contractor. (3510-10/01) (s) Specifications. A description of the physical or functional characteristics or of the nature of the required goods and/or services. (3510-10/01) (t) 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. (3510-10/01) 3.02.030 Officer--Exemption from centralized purchasing. The Finance Officer may authorize in writing any agency to purchase or contract for specified supplies, services and equipment independently of the Purchasing Division; but he/she 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. (2259-2/78,2464-12/80,3510-10/01) 3.02.050 Procurement and disposition responsibilities. (3510-10/01) (a) The Director or his/her designee represented of the Department requiring goods and services, other than professional services, shall: (3510-10/01) (1) Identify its procurement needs and the availability of funding. (3510-10/01) (2) Submit to the Purchasing/Central Services Manager specifications for the required goods and/or services. (3510-10101) (3) Participate in the evaluation of bids and proposals, as required.(3510-10/01) (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. (3510-10/01) (b) Finance Officer. The Finance Officer 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 Officer except in cases of emergency, unless otherwise authorized in writing by the City Administrator. The Finance Officer shall: (3510-10/01) (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. (3510-10/01) (2) Procure or supervise the procurement'of all goods and/or services needed in coordination with the department. (3510-10/01) (3) Process the contracts awarded. (3510-10/01) 05ord/admin Svcs update 8 Ord. 3718 (4) Whenever possible, establish standardized specifications and consolidation of requirements for goods and/or services required by two or more departments. (3510-10/01) (5) Determine the types and amounts of bid security and any performance security acceptable for City procurements. (3510-10/01) (6) Be the awarding authority for every procurement of goods and/or services for: (3510-10/01) (i) which the City has an approved budget and sufficient unencumbered appropriated funds; and (3510-10/01) (ii) wherein the cost of which will be fully paid or reimbursed to the City, regardless of amount. (3510-10/01) (7) Review the results of all formal competitive bid and proposal solicitations for which the City Council is the awarding authority. (3510-10/01) 3.02.060 Equipment leases. Upon approval of the City Attorney,the Finance Officer may enter into contracts to lease equipment in the following circumstances: (2259-2/78,2464- 12/80,3322-3196,3510-10/01) (a) Budgeted leases. There exists an unencumbered appropriation in the fund account for the amount of the lease payments for the current fiscal year. (3322-3/96) (b) The annual budget for the fiscal year in which the lease is or was entered into provides that: (3322-3/96) (i) The equipment may be leased; (3322-3/96) (ii) The useful life of the equipment; (3322-3/96) (iii)The lease term; (3322-3/96) (iv)The annual lease payment; and (3322-3/96) (v) The interest rate." (3322-3196) 3.02.070 Methods of procurement. (3510-10101) (a) Small Procurements. Procurements anticipated to cost$30,000 or less in one transaction shall be made using simplified and cost effective operational procedures and forms without use of formal or informal bids. Requirements shall not be artificially divided so as to constitute a small purchase under this subsection. (3510- 10/01) (b) Formal Competitive Bids. Procurements anticipated to cost more than$30,000 in one transaction shall be made by issuance of written invitations for bids. Bid documents include, at a minimum; instructions to bidders; specifications describing the required goods and/or services; bid forms and schedules; any required bond forms and proposed contract terms and conditions. The circumstances may require that a contract award be based on factors in addition to price. (3510-10/01) (c) Competitive Negotiation. The Purchasing/Central Services Manager may establish, and the bid or proposal documents shall clearly define in a competitive negotiation procurement a two-tiered process in which bids or proposals, as first received, 05ord/admin sves update 9 Ord. 3718 constitute preliminary offers only. Subject to the-Purchasing/Central Services Manager's judgment,the Purchasing/Central Services Manager shall have the authority to enter into negotiations with those persons reasonably likely of being considered for selection for contract award. Following such negotiations,best and final bids or proposals will be accepted by the Purchasing/Central Services Manager. Bidders or proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of bids or proposals. During negotiation, there shall be no disclosure beyond the City staff evaluating the matter of any information derived form bids or proposals submitted by competing bidder or proposers. The contract award shall be made to the bidder or proposer whose bid or proposal offers the best value to the City,taking into consideration price and the evaluation criteria set forth in the bid or proposal documents. (3510-10/01) 3.02.080 Competitive bidding requirement; exemptions. (3510-10/01) (a) Contracts for goods and/or services for which the cost to the City in one transaction will exceed$30,000 shall be let by formal competitive bidding or proposals pursuant to this Chapter. Procurement requirements shall not be artificially divided so as to avoid the competitive bidding requirement. (3510-10/01) (b) The following are exemptions to the competitive bidding requirements: (3510-10/01) (1) Professional or specialized services, as defined by this Chapter; (3510- 10/01) (2) Emergency procurements, as defined by this Chapter; (3510-10/01) (3) Situations where solicitations of bids or proposals would for any reason be impractical, unavailing or impossible; (3510-10/01) (4) Sole source goods or services; (3510-10/01) (5) Insurance and bonds; (3510-10101) (6) Public library collection materials or services for the provision of public library collection materials or other books or periodicals; (3510-10/01) (7) Procurements funded by grants, donations or gifts when the special conditions attached to the grants, donations or gifts require the procurement of particular goods and/or services; (3510-10/01) (8) Goods and/or services obtained from or through agreement with any governmental,public or quasi-public entity; (3510-10/01) (9) Works of art, entertainment or performance; (3510-10101) (10) Surplus personal property owned by another governmental,public or quasi-public entity; (3510-10/01) (11) Membership dues, conventions,training, and travel arrangements; (3510- 10/01) (12) Advertisements in magazines,newspapers, or other media; (3510-10/01) (13) Goods procured from resale to the public; or(3510-10/01) (14) Where Competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the Purchasing/Central Services Manager may proceed to have the services performed or the goods procured without further competitive bidding; (3510-10/01) (c) The Purchasing/Central Services Manager shall conduct negotiations, as appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require competitive bidding. (3510-10/01) 05ord/admin svcs update 10 Ord. 3718 (d) Nothing in this section shall preclude the solicitation of competitive bids or proposals, when possible. (3510-10/01) 3.02.090 Pre-bid conferences or site inspections. When deemed necessary the Purchasing/Central Services Manager is authorized to require bidders or proposers to attend pre-bid conferences or site inspections prior to the time and date set for receipt of bids or proposals and to consider bidders or proposers not in attendance as non- responsive. (3510-10/01) 3.02.110 Correction or withdrawal of bids. (3510-10/01) (a) Before Date and Time for Receipt of Bids. Bids or proposals which contain mistakes discovered by a bidder before the date and time for receipt of bids may be modified or withdrawn by written notice to the Purchasing/Central Services Manager received prior to the deadline. (3510-10/01) (b) After Date and Time for Receipt of Bids. A bidder may not change its bid or proposal after the date and time set for receipt of bids. (3510-10/01) (c) Withdrawal of Bid. A bidder alleging a mistake in a bid or proposal may be permitted to withdraw its bid or proposal provided that it establishes the following to the satisfaction of the awarding authority: (3510-10/01) (1) A mistake was made; (3510-10/01) (2) The bidder gave written notice of the mistake, and the manner in which it occurred,to the Purchasing/Central Services Manager within five calendar days following the deadline for receipt of bids; (3510-10/01) (3) The mistake made the price materially different than the bidder intended it to be; (3510-10/01) (4) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work or in reading the bid documents; (3510-10/01) (5) If the awarding authority deems it to be in the best interest of the City, it may allow the lowest bidder to withdraw its bid and award a contract to the next lowest bidder. In the event that bid security was required and provided by the lowest bidder, the amount of the lowest bidder's bid security shall be applied to the difference between the lowest bid and the next lowest bid and the surplus, if any, shall be returned to the lowest bidder or the bidder's surety, as applicable. (3510-10/01) 3.02.120 Receipt of bids or proposals. (3510-10/01) (a) Formal Competitive Bids and Proposals. Sealed bids and proposals submitted in response to formal competitive bid or proposal solicitations shall be received by the Purchasing/Central Services Manager at a time, date and place designated in the bid or proposal documents. Said bids and proposals shall be identified as such on the outside cover. (3510-10/01) (b) Public Opening. Formal competitive bids or proposals,timely received,will be publicly opened by the Purchasing/Central Services Manager in the presence of one or more witnesses at the location designated in the bid notice. If members of the public are present,the names of those submitting bids and the aggregate bid pricing shall be read aloud at or shortly following the deadline for receipt of formal competitive bids except those involving competitive negotiation. (3510-10/01) 05ard/admin sves update 11 Ord. 3718 (c) Late Receipt. Formal competitive bids or proposals received after the deadline for receipt of bids shall not be accepted and shall be returned to the bidder unopened unless necessary for identification purposes. The Purchasing/Central Services Manager shall submit written notification to the bidder stating what the deadline was, when the bid or proposal was actually received, and that it is being returned because it Was received too late. (3510-10/01) (d) No Receipt. If no bids or proposals are received in response to a competitive solicitation for goods and/or services, or if none of the bids or proposals meet the requirements as specified in the solicitation document,the Purchasing/Central Services Manager may reissue the solicitation or the awarding authority may authorize the procurement of the required goods and/or services without further complying with competitive bidding requirements,or the City may cease the procurement. An authorization to procure without bidding shall be documented and become part of the procurement records available for public inspection. (3510-10/01) 3.02.130 Evaluation of bids or proposals. (3510-10/01) (a) One Bid Received. In the event that a single bid or proposal is received, the Purchasing/Central Services Manager shall have the authority to require the bidder or proposer to submit cost or pricing data to assist in determining if the price is reasonable. If the awarding authority determines that a bid price for goods and/or services is not reasonable, it may either reject the bid or it may authorize the Purchasing/Central Services Manager to attempt to negotiate a reasonable price with the bidder or proposer, subject to the awarding authority's acceptance. Negotiation shall be completed within a reasonable time, as specified by the awarding authority. Should such negotiation fail, the bid may be rejected. (3510-10/01) (b) Tie Bids. In the event that an identical price is received from two or more responsive and responsible bidders, and in the judgment of the awarding authority the public interest will not be served by re-advertising for bids, the awarding authority may authorize the Purchasing/Central Services Manager to negotiate for the best possible price. If one of the bidders is a local business then the tie bid will be awarded to the local bidder without the negotiations. (3510-10/01) (c) Irregularities. In considering bids or proposals for any goods and/or services contract, the awarding authority may waive, if it wishes to do so, minor defects or irregularities in the bids or proposals,provided that the discrepancy does not affect the bid or proposal amount or give the bidder or proposer an advantage over others. (3510-10/01) 3.02.150 Cancellation of solicitations; Rejection of bids. (3510-10/01) (a) Cancellation of Solicitations. The Purchasing/Central Services Manager may cancel competitive bid or proposal solicitations before the date and time set for receipt of bids or proposals upon a written determination that such action is in the City's best interest for reasons including, but not limited to any of the following: (3510-10/01) (1) The City no longer requires the goods and/or services, as determined by the City; (3510-10/01) (2) The City no longer can reasonably expect to fund the procurement, as determined by the, Finance Officer, City Administrator or City Council; (3510-10/01) (3) Proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable; (3510-10/01) 05ord/admin Svcs update 12 Ord. 3718 (b) Rejection of Bids. The Purchasing/Central Services Manager may reject, in whole or in part, bids or proposals received in response to informal competitive bid or proposal solicitations, and may reject, in whole or in part,bids or proposals received in response to formal competitive bid or proposal solicitations. If all bids are rejected, the City has the discretion to readvertise. (3510-10101) (c) Records. The fact that a solicitation was cancelled or bid or proposal rejected shall be made part of the procurement records. (3510-10/01) 3.02.160 Procurement records; Public inspection. (3510-10/01) (a) Records Maintenance. The Purchasing/Central Services Manager shall maintain records for each procurement which include, at a minimum, the procurement request from the Department; the bid or proposal documents for the procurement, if any; any and all bids or proposals received;the basis on which contract award is made; and a copy of any and all contracts awarded. Such records shall be maintained for a period of time in compliance with state law and the City's records retention schedule and shall be available for public inspection during normal City business hours. (3510-10/01) (b) Public Inspection. Informal and formal competitive bids not involving competitive negotiation shall be available for public inspection following the date and time set for receipt of bids. Informal and formal competitive proposals and formal competitive bids involving competitive negotiation shall be available for public inspection following contract award or rejection. The City will not disclose any pricing agreements it may have during the bidding process. (3510-10/01) 3.02.170 Bonds and other security; insurance requirements. (3510-10/01) (a) When Required. The Purchasing/Central Services Manager shall have the authority to require bid, performance and payment security or specific types and amounts of insurance coverage for specific procurements to the extent required by state law or upon a determination that it is in the best interest of the City to do so. (3510-10/01) (b) Bid Security. Bid security, if required, shall be submitted with the bid and shall be a certified check, cashier's check or surety bond issued by an admitted surety insurer authorized to conduct business in the state of California. If a bidder fails to submit the required bid security with the bid,the bid shall be deemed non-responsive. After bids are opened,bid security is irrevocable for the period specified in the invitation for bids. If the successful bidder fails to execute the contract.within the time specified,the total amount of the bid security shall be forfeited to the City. The security of an unsuccessful bidder shall be returned to the bidder no later than sixty calendar days from the date of contract award. (3510-10101) (c) Performance Security. Performance security, if required, shall be in the form of a bond acceptable to the City and issued by an admitted surety insurer authorized to operate in the state of California. (3510-10/01) (d)Form of Bonds. The only bonds acceptable to the City shall be those executed on forms approved by the City Attorney and included with the bid or proposal documents. (3510-10/01) 05ord/admin svcs update 13 Ord. 3718 3.02.180 Local business preference. (3510-10/01) (a) Subject to the limitations contained in this section,the Purchasing/Central Services Manager shall extend a bidding advantage to a local business in the form of a 1% price preference in the evaluation of bids or proposals for the procurement of goods. (3510-10101) (b) The following contracts are exempt from the provisions of this section: (3510-10/01) (1) Contracts funded in whole or in part from grants, donations or gifts to the City if the provisions of this section conflict with any special conditions attached to the grants,donations or gifts,provided the special conditions have been approved and accepted pursuant to the donations policy of the City. (3510-10/01) (2) Emergency procurements. (3510-10/01) (3) Sole source contracts.(3510-10/01) (c) After a due process hearing, should the City Administrator determine that a price preference was received under this section through an intentional misstatement, the recipient of any such price preference shall be subject to a civil penalty of treble the dollar price preference received or$5,000.00, whichever is greater. (3510-1o/o1) 3.02.190 Exempt and emergency procurements. The following purchases and procurements are exempted from the requirements of this Chapter: (a) Public works construction contracts. Those public works construction contracts, and the separate procurement of materials and supplies therefor,that are governed by other applicable laws, including but not limited to the City Charter. (3510-10/01) (b) Emergency purchases and procurements. An emergency shall be deemed to exist if•. (3510-10/01) (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 safeguard 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 immediate procurement of a commodity or service, the City Administrator may authorize the Finance Officer to secure by the open-market procedure, at the lowest obtainable price, any service or commodity regardless of the amount of the expenditure. (3510-10101) (c) Interagency purchase agreements. Procurements utilizing agreements maintained by other public agencies for the provision of services or supplies to such agencies are exempt from the bidding and/or request for proposal process requirements of this Chapter. (3510-10/01) (1) Cooperative Procurement. Notwithstanding any other provision of this Chapter, the Purchasing/Central Services Manager may authorize the City's participation 05ord/admin Svcs update 14 Ord. 3718 with one or more other governmental,public or quasi-public agencies in a cooperative agreement for the procurement of goods and/or services,provided that at least one of the agencies has solicited bids using methods similar to those set forth in this Chapter. (3510-10/01) (2) Use of Another Entity's Contract. The Purchasing/Central Services Manager may authorize the procurement of goods and/or services through the use of a contract initiated by another governmental,public or quasi-public entity, provided that the original parties to the contract agree, the contract was awarded. The contract is for identical or nearly identical goods and/or services, and the contract resulted from a competitive bid using methods similar to those required by this Chapter. (3510-10101) (3) Mutual Aid. The Purchasing/Central Services Manager may sell to, acquire from, or use goods belonging to another government,public or quasi-public agency independent of the requirements of this Chapter and under the terms agreed upon between the parties,provided that such activity does not adversely affect City services and is approved in advance in writing by the City Administrator. (3510- 10/01) (d) Sole-source procurements. In those cases where the procurement of any product or supply is obtainable only from a single or sole source, based upon the good faith review of available products and services by the Finance Officer,the Finance Officer, and with the assistance of the City Attorney, 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. Examples of acceptable sole source purchases are equipment for which there is no comparable competitive product, a component or replacement part for which there is no commercially available substitute and which can be obtained only from the manufacturer, and an item where compatibility with items in use by the City is the overriding consideration. Purchases from regulated public utilities may be made pursuant to applicable tariff without regard to this section. (3510-10/01) 3.02.200 Disqualification of vendors. The Finance Officer may, for good cause appearing: (3510-10/01) (a) decline to accept offers,bids or quotations from prospective vendors; and/or(3510- 10/01) (b) deem a prospective bidder/vendor as non-responsive or non-responsible. (3510-10/01) A bidder/vendor whose offer, bid or quotation has been declined or has been deemed non-responsive or non-responsible shall have the right to appeal such decision of the Finance Officer to the City Administrator within a reasonable time after demand made in writing to the Finance Officer to accept the proffered bid, offer or quotation. (2258-2/78, 2464-12/80,3510-10/01) 3.02.210 Disposition of surplus personal proppA (3510-10101) (a) Authority. The Purchasing/Central Services Manager is authorized to sell or dispose of surplus personal property having a salvage value in the open market, by public auction,by competitive sealed bids or by exchange or trade-in for new goods. The sale or lease of surplus personal property to a governmental,public or quasi-public agency may be without advertisement for or receipt of bids. (3510-10/01) 05ord/admin Svcs update 15 Ord. 3718 (b) Property with No Salvage Value. Surplus personal property with no salvage value, as determined by the Purchasing/Central Services Manager, shall be disposed of in a manner that salvages recyclable components, if practical. (3510-10101) (c) Unclaimed, Seized or Abandoned Property. The Purchasing/Central Services Manager is authorized to sell or dispose of all goods in the possession or custody of the police department which are unclaimed, seized and/or abandoned and may be legally disposed of by the City. (3510-10/01) (d) Records. The Purchasing/Central Services Manager shall provide reports to the City Administrator which indicate surplus personal property disposed of,the method of disposal, and the amounts recovered from its disposal and shall maintain records for public inspection relative to the disposal of surplus personal property for a period of time in compliance with state law and the City's records retention schedule. (3510-10101) (e) Donations. Upon approval in advance in writing of the City Administrator, surplus personal property may be donated to governmental,public or quasi-public agencies, charitable or non-profit organizations. (3510-10/01) (f) Proceeds of Sale. Proceeds from the sale of surplus personal property shall be deposited into the appropriate City fund. (3510-10/01) 3.02.220 Ethics. (3510-10/01) (a) Statement of Policy. City employees shall discharge their duties impartially so as to assure fair competitive access to City procurement opportunities by responsible contractors. Moreover,they shall conduct themselves in such a manner as to foster public confidence in the integrity of City procurement activities. (3510-10/01) (b) Conflict of Interest. No City employee shall participate directly or indirectly in a City procurement when the employee knows that: (3510-10/01) (1) The employee or any member of the employee's immediate family has a financial interest pertaining to the procurement; or(3510-10/01) (2) The employee or any member of the employee's immediate family is negotiating or has an employment arrangement which is contingent upon or will be affected by the procurement. (3510-10/01) (c) Withdrawal from Participation. Upon discovery of an actual or potential conflict of interest, an employee shall promptly withdraw from further participation in the procurement. (3510-10/01) (d) Gratuities. No person shall offer, give or agree to give any City employee any gratuity or offer of employment in connection with a procurement by the City. No City employee shall solicit, demand, accept or agree to accept from any other person a gratuity or an offer of employment in connection with a procurement by the City. (3510-10/01) SECTION 8. All other sections of Chapters 2.08, 2.16, 2.72, 2.76, 2.101, 2.107 and 3.02 not amended herein shall remain in full force and effect. 05ord/admin svcs update 16 Ord. 3718 SECTION 9. 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 5th day of ju l )z , 2005 ay ATTEST: APPROVED AS TO FORM: City Clerk City Ati6mey REVIEWED, INITIATED AND APPROVED: Ci Administrator 05ord/admin svcs update 17 Ord.No. 3718 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 the 20th day of June, 2005, and was again read to said City Council at a reiular meeting thereof held on the 5th day of July, 2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-ofcio 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 July 14,2005. In accordance with the City Charter of said City L4*.j .ZoW L. Flynn, Qi1y Clerk Cit Jerk and ex-officio rk Deputy city Clerk of the City Council of the City of Huntington Beach, California