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Home My WebLink AboutCC Ord 1117 1982-05-24 I ORDINANCE NO. /117 AN ORDINANCE OF THE CITY OF SEAL BEACH . RELATING TO THE PURCHASING SYSTEM AND AMENDING THE CODE OF THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article III of Chapter 2 of the Code of the City of Seal Beach is amended to read: Sec. 2-19. Adoption of purchasing system. In order to establish efficient procedures for the purchase of services and equipmen~, 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 pur- chasing function and to assure the quality of purchases, a purchasing system is hereby adopted. Sec. 2-20. Creation of centralized purchasing depart- ment. There is hereby created a centralized purchasing department in which is vested authority for the purchase of supplies. I Sec. 2-21. Purchasing 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: (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; I (d) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; (e) governing city; Prepare and recommend to the city council rules the purchase of supplies and equipment for the , Ord"inance Number 1'117 (f) Prepare and recommend to the city council revisions and amendments to the purchasing rules; (g) Keep informed of current developments in the field of purchasing, prices, market conditions and new products; (h) necessary rules and Prescribe and maintain such forms as to the operation of this article and regulations; reasonably other I (i) equipment cations; Supervise the inspection of all supplies and purchased to insure conformance with specifi- (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 agency or which have become unsuitable for city use; (k) Maintain a bidders' list, vendors' catalog file and records needed for the efficient operation of the purchasing department. Sec. 2-22. Exemptions from centralized purchasing. The purchasing officer, with the approval of the city council, may authorize in writing any agency to purchase or contract for specific supplies and equipment indepen- dently of the purchasing department, but he shall require that such purchases or contracts be made in conformity with the procedures established by this article, and shall I further require periodic reports from the agency on the purchases and contracts made under such written authoriza- tion. Sec. 2-23. Estimates of re9Uirements. All using agencies shall file detailed est~ates of their require- ments in supplies and equipment in such manner, at such time and for such future periods as the purchasing officer prescribes. Sec. 2-24. Requisitions. Using agencies shall submit requests for supplies and equipment to the purchasing officer by standard requisition forms. Sec. 2-25. Bidding. Purchases of supplies and equip- ment and the sale ,of personal property shall be by bid procedures, pursuant to sections 2-28 and 2-29. 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 amount involved is less than one thousand dollars ($1,000). I (c) When the commodity can be obtained from only one vendor. Ordinance Number I'll" I (d) 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 of land, trash, garbage or refuse disposal or the like, insurance, bonds, or any other service of a similar nature to those listed. (e) When, through cooperative purchasing with the state, the county and other public agencies, the advantages of large-scale buying may be obtained at a lower price upon the same terms, conditions and specifications. (f) 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. Sec. 2-26. Purchase orders. Purchases of supplies and equipment shall be made by purchase order, unless authorized in writing by a city department head, and approved by the city manager or his designee. I Sec. 2-27. Encumbrance of funds. Except in cases of emergency, the purchasing officer shall not order supplies or equipment unless there exists an unencumbered appropri- ation in the rund account against which such purchase is to be charged. Sec. 2-28. 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 five thousand dollars ($5,000) 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: I (a) Notice inviting 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. (1) 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. (2) Bidders' list. The purchasing officer shall also solicit sealed bids from all responsible pros- pective suppliers whose names are on the bidders' list or who have requested that their names be added thereto. (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. (b) Bidders' security. When deemed necessary by thE purchasing officer, bidders' security may be prescribed ill the public notices inviting bids. Bidders shall be entitled Ord~nance Number 1'1'1'11 to ratu~n of bid pecurity; 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 re- I sponsible 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 opening procedure. Sealed bids shall be sub- mitted 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) Rejection of bids. In its discretion, the city council may reject any and all bids presented and readver- tise 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. (f) Tie Bids. If two or more bids received are for I 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) Performance Bonds. The City Council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably neces- sary to protect the best interest of the city. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. Sec. 2-29. Informal Bid Procedure. Purchases of supplies, equipment and sales of personal property of an estimated value of five thousand dollars ($5,000) or less, may be made by the purchasing officer in the opep market on an informal bid basis, without observing the procedure prescribed by Section 2-28. In the event the estimated amount of the purchase is less than five thousand dollars ($5,000) but exceeds one thousand dollars ($1,000), the requisitioning department or agency shall be required to furnish the purchasing officer with three prices for each I item desired. From the three prices tendered, .the purchas- ing officer shall then select the vendor with the lowest prige co~nsurate with the quality needed. .Sec. 2-30. Inspection and Testin~. The purchasing officer shall inspect supplies and equ~pment delivered, to. determ~ne their conformance with the specifications Ordinance Number III? 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 con- formance with specifications. I Sec. 2-31. 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 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 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. Such sales shall be made pursuant to Section 2-28 or 2-29, whichever is applicable. I Sec. 2-32. Award to other than lowest responsible bidder. Any provision of this chapter to the contrary not- withstanding, 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 includ- ing 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. Sec. 2-33. Contracts for public works. Every project involving an expenditure of more than five thous~nd dollars ($5,000.00) 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.($5,000.00) or less may be effected by the use of city forces or let through informal bid pro- cedures applicable to the purchase of supplies and equipment. Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validi ty of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause, phrase or other portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. I f\J.~ ~ AJ...... "O,-,,:r.: A:t Mayo r / PASSED, APPROVED and ADOPTED this 01# day 0 1982. ATTEST: RI_~ ..,1#''-0' 5E"t .."II o=r~..o...o.. ..~ ~~ ,"O'P0I14"~'fC" ",'Ii ,.... ~ ..o~... IJIO: 0 r.;, . . ct ID.e: .... \:~....... -\!:;;:: ~ l :!:: "'- 'Il~~'.Q.., ,....... ~; ,.~ e. II}. ,II .-...0.# 'IE" '.. ..-" - ...._ ("; "'.u~a. ......'1 ""\ OliN'" ,(.:;,4' \\\\t.'lln...~- Ordi nance Number 1111 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of t City of Seal Beach and ex-officio clerk I of the City Council, do hereby cer that the foregoing ordinance was introduced at a meeting held on 1'<:>, 1982 and was passed, approved and adopted by tlie.q,aY Beach at a meeting thereof held on the d//./!... , 1982 by the following vote: AYES: Councilmembe NOES: Councilmember ABSENT: Councilmembe I I '. ! I I I Ordi nance Number /1/ 1 PROOF OF PUBLlCAIION (2DI5.5 C.C, P,) STATE OF CALIFORNIA, County of Orange ..I am a citizeD of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or Interested in the above-entitled matter. I am the principal clerk of the printer of the :::::~:::~::~Z~=f a newspaper of general clrcul~rinted, and published..... , In the City of ..._0..tJ.L.. County of Orange. and which news, paper has been adjudged a newspal'l!i' of general circulation by the Super-ior Court of the County of Orange, State of California, under the date of.. A. 19 t. 1- Case Number 1.13.,s,f.J.; 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: ~I~';~";~~: /1,9.1,...,..,.....,',.... I certify (or declare,) under penalty of perlury that the foregoing Is true and correct. Dated at ...~....~... California, this. ~,.:f~ay of ~1f: 19. fa.. ......... ~#h ....~.a4.J.... ...'....-""....'jIJgnature F.... c.,II. of .hll blenll form m.,'" Hellrlcl from; CALIFORNIA NEWSPAPER SERVICE BUREAU,INC, Legal Advertising Clearing House 120 We.' Second St., Los Angeles, Calif, 90012 Telephone: (213\ R2S-2541 P'IUII,..un,oeNer.AL PI'oc'oi PUbllc.tluh wilen orde,:n. 'his fo,m, This space Is for the County Clerk's Filing Stamp Proof of Publication of ...~...................................................... ......._0~L..:..,~.:~. .f.. ~' II~.RY- ....__ NO. "t7 ,'_UIUa_ "::"'~"''''. I. -0icI.__ _ "17a1.. .i:lIrlll_ _ .-.IIrog ,OIIPIOr 2 aI .. Cado aI .. 'Qral__-.g1O .::::...== clu.... for. pureh.... over :Il11l1lJ1U_...lI5.DllOond .. CIIy Council III ......... _ IIId ..-... ........... -. ._ LIt..J_..,.... CiIy CaunoU ond IIrol _1"11 01 - '''7 -1' .......-,.,..~_: . -. :AVEs: ..-. ........ Yon- "'--"'-' : ~~MDES: , .:-:'-'- ':~ ~ -. .MaIan CIITIed" .Q.__.....1117w11be '..._A.dIIar I8CIINI .-Ing '11III... .. .......IIIapIIon.. ........ -. aI Monday. ..'*" 24. ,.. ClIpIoo aI 0nII- _'''7__1>'' ;_a1..ClyClllll,CllyHoD. 111' . .. -. _ loCo. ___ 12131411l-lIS27, , :rED THIS ".ular allie" t!IR !' ;;illMNliM. VEO. .==..- ._'..,.. t"" . - . _1>,,__ -, .' "~~..:r-:'~'""",., Ordinance Number 1111 PROOF OF PUBLlCAIION (2015.5 (,C.P.) STATE OF CALIFORNIA, County of Orange ~ I am a citizen of the United States and a . resident of the County aforesaid; I am over the age of eighteen years, and not a party to or Interested in the above-entitled matter. I am the prinCipal clerk of the printer of the ::::::k::'{i';~::~=~ a newspaper of general circu~~;J;,t;d, ..... .',,,..... .....a.).f.f~.......... In the City of ...~A..f.... d-~.. County of Orange, and which news, paper has been adjudged a newspal'l!r of general circulation by the Superior Court of the County of Orange, State of California, under the date of.. A 19.'1. Case Number ..AIJ.s-.J:J that the notice, of which the annexed is a printed copy (set in type nof'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: .,.......I..~'..:~ '. .:.'f!\'1./f./:'~....... all in t yea/19..1).:' '. I certify (or _declare,) under 'penalty of perlury that _t~e ,foregoing is true and correct. . ; . Dated at ....:~0~~...,(f~lfd~...., California. this..: /?!AaYO~ 19.1J. ............... . ...~,,~ Sig ure Pr" c..I.. of thlllllank farm m.,'" IHu,1d from: CALIFORNIA NEWSPAPER 5ERVICE ,/ BUREAU, INC. Legal Advertising Clearing House 120 W1l81 Second SP., Los Angeles, Calif. 90012 Telephone: /2131625-2541. Pl.... ,,,,UII' a.N II RAL Proof.f PUbllc,,'on whln .rd.rln. thlt f.rnl. This spac'!: Is for the c:"u~iy CIIO;-k's Filing Stamp I '. I. 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