HomeMy WebLinkAboutCC Ord 1476 2001-07-23
ORDINANCE NUMBER /11 (P
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING ARTICLE III OF
CHAPTER 2 OF THE CODE OF THE CITY
OF SEAL BEACH
I
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
Section I. Article III of Chapter 2 of the Code of the City of Seal Beach is hereby
amended in its entirety to read as follows:
Article III, Purchasing System
Section 2-19, AdOPtion of Purchasinl! Svstem, In order to establish efficient procedures
for the purchase of services and equipment, to secure for the City supplies and equipment
at the lowest possible cost commensurate with quality needed, to exercise positive
financial control over purchases to clearly define authority for the purchasing function
and to assure the quality of purchases, a purchasing system is hereby adopted.
Section 2-20. Purchasinl! Officer. There is created the position of purchasing officer
who shall be the City Manager, With the approval of the Council, the City Manager may
delegate, in writing, subject to his control and direction, any of the powers and duties
conferred upon him as purchasing officer under this article to any other officer or
employee of the City. The purchasing officer shall have the authority to:
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a) Purchase or contract for supplies and equipment required by any using agency in
accordance with purchasing procedures prescribed by this article, such
administrative regulations as the City Manager adopts for the internal
management and operation of the purchasing department and such other rules and
regulations as are prescribed by the City Council;
b) Negotiate and recommend execution of contracts for the purchase of supplies and
equipment;
c) Act to procure for the City the needed quality in supplies and equipment at least
expense to the City;
d) Discourage uniform bidding and endeavor to obtain as full and open competition
as possible on all purchases;
e) Prepare and recommend to the City Council rules governing the purchase of
supplies and equipment for the City;
f) Prepare and recommend to the City Council revisions and amendment to the
purchasing rules;
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g) Keep informed of current development in the field of purchasing, prices, market
conditions and new products;
h) Prescribe and maintain such forms as reasonably necessary to the operation of this
article and other rules and regulations;
i) Supervise the inspection of all supplies and equipment purchased to'insure
conformance with specifications;
j) Recommend the transfer of surplus or unused supplies and equipment between
departments as needed and the sale of all supplies and equipment which cannot be
used by any department or which have become unsuitable for City use;
Ordinance Number J'~7~
.
k) Maintain a bidders' list, vendors' catalog file and records needed for the efficient
operation of the purchasing department.
Section 2-21, Estimates of ReQuirements. All using departments shall file detailed
estimates of their requirements in supplies and equipment in such manner, at such time
and for such future periods as the purchasing officer prescribes.
Section 2-22. Purchase OrderslRoouisitions, Using departments shall submit requests for
supplies and equipment to the purchasing officer by standard purchase order/requisition
forms. Purchase orders/requisitions shall be authorized by a City Department Head, and
approved by the City Manager or his designee.
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Section 2-23. Biddinl!. Purchases ofsupplies and equipment and the sale of personal
property shall be by bid procedures, pursuant to this section of the Seal Beach Municipal
Code. Bidding shall be dispensed with only:
a) When an emergency requires that an order be placed with the nearest available
source of supply.
b) When the commodity can be obtained from only one vendor.
c) When there is to be a contract for professional services such as, but not limited to,
the services of attorneys, architects or engineers or where the service contracted
, for deals with public relations or promotions, elections, services and related
activities, negotiations or acquisition ofland, trash, garbage or refuse disposal or
the like, insurance, bonds, or any other service of a similar nature to those listed.
d) When, through cooperative purchasing with the state, the county and other public
agencies, the advantages oflarge scale buying may be obtained at a lower price
upon the same terms, conditions and specifications,
e) When the City Council determines it would be in the best interest of the City to
dispense with bidding; provided, however, that the City Council shall state the
basis of its determination.
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Section 2-24. Encumbrance of Funds. Except in cases of emergency, the purchasing
officer shall not order supplies or equipment unless there exists an unencumbered
appropriation in the fund account against which such purchase is to be charged,
Section 2-25, Formal Bid Procedure. Except as otherwise provided in this article,
purchases and contracts for supplies, equipment and the sale of personal property of
estimated value greater than fifteen thousand ($15,000) shall be made by purchase order
and/or written contract from the lowest or highest bidder, as the case may be, pursuant to
the procedure prescribed in this article:
a) Notice Invitinl! Bids. Notices inviting bids shall include a general description of
the articles to be purchased or sold, shall state where bid blanks and specifications
may be secured, and the time and place for opening bids,
I) Published Notice, Notice inviting bids shall be published at least ten
days before the opening of the bids. Notice shall be published at least once
in a newspaper of general circulation, printed and published in the City, or
if there is none, it shall be posted in at least three public places in the City
that have been designated by ordinance as the places for posting public
notices.
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2) Bidder's List. The purchasing officer shall also solicit sealed bids /Tom
all responsible prospective suppliers whose names are on the bidders' list
or who have requested that their names be added thereto,
Ordinance Number ~~i'~
3) Bulletin Board, The purchasing officer shall also advertise pending
purchases or sales by a notice posted on a public bulletin board in the city
Hall,
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b) Bidder's Securitv. When deemed necessary by the purchasing officer, bidders'
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 days after
the notice of award of contract 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 bidder. If the City Council awards
the contract to the next lowest bidder, the amount of the lowest bidder's security
shall be applied by the city to the difference between the low bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
c) Bid Ooenin!! 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 calendar days after the bid opening.
d) Reiection of Bids, In its discretion, the City Council may reject any and all
presented and readvertise for bids.
e) Award of Contracts. Contracts shall be awarded by the City Council to the lowest
responsible bidder, except as otherwise provided in this article.
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f) 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
of 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.
g) Performari'c~~~e City Council shall have authority to require a
perform~nce bondt~ore entering a contract in such amount as it shall find
reason.ably.lt\e1:'es~R'ry,",'@~rotect the best interest of the City. If the City Council
req'uire~ a perfo~an~ei;o' d, the form and amount of the bond shall be described
in the:notice.:iiiwivr~g.b~I' W;.
t ',--.."., ~-'
3~~ '0 r. Ij/~ .~:~,
Section 2-2~I 'fo~al:IBi<t:P. edure, Any purchase not exceeding the amount
established fO~~~jd" cedures shall be made in accordance with the informal bid
and small purchase pfficooures authorized in this section, Purchase requirements shall not
be artificially divided so as to avoid compliance with any provision of this section,
(I) Small Purchases (up to $1,000) - Purchase of supplies, services or equipment in this
category can be obtained by soliciting a single vendor of choice. A purchase order is
required.
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(2) Informal Verbal Bids ($1,000.01 to $5,000) - The purchase of supplies, services, or
equipment in this category shall be obtained by soliciting no less than three verbal
bids or proposals. Such operation procedures shall provide for obtaining adequate and
reasonable competition for the supplies, services, or equipment being purchased.
(3) Informal Written Bids ($5,000,01 to $15,000) - No less than three vendors shall be
solicited to submit written quotations for the purchase of supplies, services and/or
equipment in this category. At times deemed necessary, verbal quotations will be
accepted only when followed with a written quotation. Award shall be made to the
vendor offering the lowest acceptable quotation. Written quotation shall be recorded,
attached to the requisition or purchase order.
Section 2-27. Insoection and Testin!!, The purchasing officer shall inspect supplies and
equipment delivered, to determine their conformance with llie specifications set forth in
Ordinance Number ~4I;1If?
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 confonnance with specifications.
Section 2-28. Surplus Supolies and Eauipment. All using departments shall submit to
the purchasing officer, at such times and in such fonn as he shall prescribe, reports
showing all supplies and equipment which are no longer used or which have become
obsolete or worn out. The purchasing officer shall have authority to sell all supplies and
equipment which cannot be used by a department 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 2-25 or 2-26, whichever is
applicable,
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Section 2-29, Award to Other Than Lowest Responsible Bidder. Any provision of this
chapter to the contrary notwithstanding, supplies and/or equipment may be purchased
from other than the lowest responsible bidder in any case in which the City Council shall
find that, in light of all circumstances applicable to the particular purchase including but
not limited to location of the vendor and the amount of staff time required for the
administration of the contract, the City will acquire the supplies or equipment at a lower
net cost by effecting its purchase from a party other than the lowest responsible bidder,
Section 2-30. Contracts for Public Works. Every project involving an expenditure of
more than five thousand dollars ($5,000) for the construction, improvement, repair or
maintenance of public works shall be let in accordance with the procedures set forth in
the Charter of the City of Seal Beach, Such projects involving an expenditure of five
thousand dollars ($5,000) or less may be affected by the use of Ci orces or let through
infonnal bid procedures applicable to the purchase of supplies and eq ipment.
,
PASSED, APPROVED, AND ADOPTED this
01.
I
S ATE OF CALIFORNIA)
'COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH
I, J_e M. Y 00, City CI"'" of !he City ofSooi B_ c.Ii'i ~ h~OOy ""'Ii' IImt
e regoing ordinance is an original copy of Ordinance Num ~on file in the
Offi of the City Clerk, introduced at a meeting held on the ~ day of
2001, and passed, appro~;d adopted b t ity Council of the City of
I B ch at a meeting held on .L day 0 , 001, by the
llow g vote:
ABSTAIN:
Councilmemb
AYES:
NOES:
ABSENT:
I
Ordinance Number J'~~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.'
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation 'by the Superior
Court of the County of Orange, State'
of California, under the dat,e of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
71/q /d0o (
all in the yJar 2001~
Proof of Publication of
...............................................
...............................................
I
, ,
~ '- ,:' '"-SUMMARY,, .
'. 'ORDINANCE NUMBER'1476
I" PURCHASING SYSTEM REVI.~
,t" . r.' SIONS. . _
Ordinance Number 1476 of the City
i ~ ,of Ssal8each amends Chaplel2 of
I ,the Code of \hO Qty of!l<J8l Beach by
I . revising the provIsIOns go~mlng the
, , purchase of supplies and equipment
t~.. and adlusts the formal bid limit from'
:.... 55.00010$15000 Ordma'n~Nuni=.
ber 1476 was Introduced at lhe rag.
I. ularQtyCounc~me~lrigbIJuly9th..
2001 and first reading was approved..
i by the followlng~'". - .. ~.....
AVES. Campbell,' Doan~1 Larson,
l,-Yost. '. - ... ."': ','
- NOES' BoYd", .-.. " '~ ,,','
,,'MOTION CARRIED.. .:' ..
,~ Ordii1;mc"s,Number"1478 WlII'recelvS'.
." Second readlng"and"be conSIdered
;: tfo( adOpbon at the regular Qty CoLin-
~ cll meeting of July 23. Copies of
Ordmance Number 1478 are 8\1811-
"' '-abIe'from theDffJceoUheCIlyClerX.
..~ CIty.Hall, 211 8th Street, Seal Beach,
~ .- telephone {5~2) 431-2527 _" _ -
DATED THIS 10- day 01 ~uIY,-2<!01";"
_" JoanneM Yeo ..' . ~~". .
11~ Clty'Clerl< \I , .. ~. :~. "~ ".
~ PLibhshed II; tM.sd} Beach Sun :Jour-
I ~n81. 07119f2001 '," r '1 "- .--'.
~....._t 1',a;:.~t.. "'.:..' '!.;. '-~ ',:
I certify (or declare) under ,penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, ~A,
this I day of c U.M~' 2001.
I
Signature
PUBLlCATlO PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759-7726
Ordinance Number /t/1~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a '
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any -
supplement thereof on the following
dates, to-wit:
8> jjCo /J-()O J
all in the yeclr 2001'.
Proof of Publication of
I
r
...............................................
...............................................
,- ,"" SUMMARY
- bRDINANCE NUMBER 1476
'. PURCHASING SYSTEM REV~
l. SlOHS",
:Ordmsnce Number 1476 of the City
. of Seal Beach amends Chapter 2 of
'" the Code of lI1e CIly 01 Seal Beach by
r8VtSlng the pl'OVlSIORS governing th8
_: purchase of supplies and eqUipment
. and adjUSts the formal bid limit from
- $5:000 10 $15,000 Ordinance NURl-.
, ber 1476 received second reading
i ,and wn adopted at the regular City
-- Council meeting of July 23"', 2001
AYES: Boyd, Campbell; Doane: lar-
son, Yost .' '. .
NOES: None': .
'MOTION CARR lEO, ,-
copies of Ordinance. Number 1476
. are available from the offlCS of the
CI\yClerk. CJtyHan. 2118th Street. .
. (Seal Beach, telephone (562) 431-
"2527. . _
DATED THIS 2fV'day of~uly~ 2001.
. Joanne M. Yea . ~"_'.
. City Clerk -.
. PublIShed In the Seal Beach Sun Jour.
:!,IlI,08l1612001., ..i '~.,' :
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this day of
, 2001.
Signat re
:n N PROCESSED
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
I