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HomeMy WebLinkAboutCC Ord 529 1958-08-19 . '(,J'I' ORIGiN~l joFFlCIAL COPY t-'OT TOJ ~ TAKt.tol f;<.OM THE CI,.y. ~lERK'S OFFICE = 3 4 I ORDINANCE NO. .rl-9 AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING FOR THE PURCHASE AND SALE OF SUPPLIES. SERVICES AND EQUIPMENT ~ '" 5 6 7 8 9 10 11 12 13 tll . z o --c p 9i 14 illil:5o: :S"D e =!!: i 15 .. oJ [I!o( , J l- U N i ~:f ~ 16 . i!i u a ...qi _.c i ~C~pIlW ~Sti;" 17 )II ~9 18 < - r1l il 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PAGE The City Council of the City of Seal Beach does ordain as follows: SECTION 1: ADOPTION OF PURCHASING SYSTEM. In order to establish efficient procedures for the purchase of supplies, services and equipment, to secure for the City cupplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise pusitive 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: CENTRALIZED PURCHASING DEPARTMENT. There is hereby created a centralized Purchasing Department in which is vested authority for the purchase of supplies, services and equipment. SECTION 3: PURCHASING OFFICER. There is hereby created the position of Purchasing Officer. He shall be appointed by the City Council. The Purchasing Officer shall be the head, and have general supervi.sion of the Purchasi.ng Department. The duties of Purchasing Officer may be combined wit those of any.other office or position. The Purchasing Officer shall have authority to: (a) Purchase or contract for supplies, services and equipment required by any using age.ncy in accordance with purchasing procedures prescribed by this ordinance, such administrative reulations as the Purchasing Officer shall adopt for the internal management and operation of the Purchasing Department and such other rules and regulations as shall be prescribed by the City CouncU. (b) Negotiate and recommend execution of contracts for the purchase of supplies, ser7ices and equipment. (c) Act to procure for the City the needed quality in supplies, services and equipment at least expense to the City. (d) Discourage uniform bidding and endeavor to obtain as full and 1. ." .... 1 2 . 3 4 5 6 7 8 9 10 11 12 tll 13 . Z o - 01 P 9- 14 ~~il Illl 15 "c. -u" . . ~ 16 Z"'D Dua ":\" ~D~m~ 17 r::1I:S..'" bCllz :::!l ~ a 18 ..: -"' Ul il 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE .. ,. Ordin~c7'l\Tpm?er ... " open competition as possible an all purchases. (e) Prepare and recommend to the City CouncU rules governing the purchase of supplies, services and equipment for the City. (f) Prepare and recommend to the City CouncU revisions and amendments to the purchasing rules. (g) Keep informed of current developments in the field of purchasin , prices, market conditions and new products. (h) Prescribe and maintain such forms as reasonably necessary to the operation of this ordinance and other rules and regulations. (i) Supervise' the inspection of all supplies, services and equipme 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 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. SECTION 4: EXEMPTIONS FROM CENTRALIZED PURCHASING. The Purchs,sing Officer, with the approval of the City CouncU, may authorize in writing any agency to purchase or contract for specified supplies, services and equipment independently of the Purchasing Department; but he shall require that such purchases or contracts be made in conformity with the procedures established by this ordinance, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. SECTION 5: ESTIMATES OF REQUmEMENTS. All using agencies shall fUe detailed estimates of their requirements in supplies, services and equipment in such manner, at such time, and for such future periods as the Purchasing Officer shall prescribe. SECTION 6: RE~UISITIONS. Using agencies shall submit reque st for supplies. services and equipment to the Purchasing Officer by standard requisition forms. 2. -" :. 1 2 I 3 4 5 6 7 8 9 10 11 12 bl 13 D % o - e p ~- 14 =~~~ 11!1 15 ~ e . u" . . K 16 %,,- GUD .~" ~ a ~ II ~ 17 I':l ~ ~ " Peo" ;:Il . Z <( ~!l 18 CJ) il 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE . ordinapq7-~u~er -. f SECTION 7: BIDDING. Purchases of supplies, services and equipment and the sale of personal property shall be by bid procedures, pursua to Sections 10 and 11. Bidding shall be dispensed with only when an emergency requires that an order by placed with the~nearest available source of supply, .. 7.I1D,()f) when the amount involved is less than $ ~H , or when the commodity can be obtained from only one vendor. SECTION 8: PURCHASE ORDERS. Purchases of supplies, services and equipment shall be made only by purchase order. SECTION 9: ENCUMBRANCE OF FUNDS. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. SECTION 10: FORMAL CONTRACT PROCEDURE. Except as otherwise provided herein, purchases and contracts for supplies, services, equipment and the sale of personal property of estimated value greater than $2,000.00 shall be by written contract with the lowest or highest responsible .idder, as the case may be, pursuant to the procedure prescribed herein. (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 date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the City, of 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 prospective suppliers whose names are on the Bidders' List or who have requested their names to be added thereto. (3) Bulletin Board. The Purchasing Officer shall also 3. : ..... .: '. 1 2 I 3 4 5 6 7 8 9 10 11 12 III 13 e z o - c Q 9- 14 ~iI: i~ 1,1, 15 ..... . c . "U" . .. 16 Z"o iiua .~" ~ D ~II~ 17 r=l~S.." Q;c IIZ :.:!l ~9 18 ...: - UJ i 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAGE . . . Ordin~~~e'~umber . , .' advertise penJing 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, bidder's 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 faUure to execute the contract within ten (10) 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 contrac t, 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 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 tht;:ty (30) calendar days after the bid opening, (d) Rejuection of Bids. In its discretion, the City Council may reject any and all bids presented and re-advertised for bids. (e) Awards of Contracts. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. (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 re-advertising for bids, the City CouncU may accept the one it chooses or accept the lowest bid made hi negotiation with the tie bidders at the time of the bid opening. (g) Performance Bonds. The City CouncU shall have authority to require a performance bond before enterins a contract in such amount as it shall find reasonably necessary to protect the best interest of the City. If 4. .. ,r'';'. 1 2 I 3 4 5 6 7 8 9 10 11 12 ~ 13 . z o - c t:J 9- 14 p:j J i ~ Illl 15 ~ c . u" o . 16 "'. ~9 ..: D III ~ ro:1 ~ II '" 17 t:l c IS ::ll ~ -< .. 18 rIl 19 20 21 22 23 24 25 26 27 I 28 29 30 31 32 PAliIE . - .. " Ordin,!n-:e.t1u~ber .M ., the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. SECTION 11: OPEN MARKET PROCEDURE. Purchases of supplies, equipment, contractual services, and sales of personal property of an estimated value in the amount of $ Z.(){t},()O , or less, may be made by the Purchasing Officer in the open market without observing the procedure prescribed by Section 10.; ). SECTION 12: INSPECTION AND TESTING. The Purchasing Officer shall inspect supplies and equipment delivered, and contractual services performed, to deterime their conformance with the specifications 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 conformance with specifications. SECTION 13: SURPLUS SUPPLIES AND EQUIPMENT. All using agencies shall submit to the Purchasing Officer, at such times and in suc 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 Purchas in 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 10 or 11, whichever is applicable. SECTION 14; SEVERABILITY. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause ani phrase thereof, irrespective, of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION 15: The City CLerk shall certify to the passage and adoption of this ordinance and cause the same to be published once in the 5. . ,:.~ . . p 1, 8 9 10 11 12 III 13 . z o - c fl' 14 .'" D~ ~~~. 15 O(~c"! UW l! . . w 16 o"'! % g Cf}z=~..1 ~~~=~ 17 f;il~G..:I: Pc "Z :ll . D -< t..l 18 tll i 19 20 21 22 23 24 25 26 I 27 28 29 30 31 32 PAGE .~. ... ordin~~e ~~er . .... J 1 "Seal Beach Post and Wave", a newspaper of general circulation, printed, 2 published and circulated in the City of Seal Beach. 3 / ) PASSED. APPROVED AND ADOPTED by the City Council of the " / 4 'City of Seal Beach at a regular meeting thereof held on the 19th day of 5 August, 1958. Mal~~~WY~EA(H V 6 7 A:6: ~ ~~~~t ' Gl'1'Y STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) I. F. W. HICKMAN, City Clerk rof the City of Seal Beach and ex- officio clerk of the City Council, do hereby certify to the passage and adoption of the foregoing Ordinance by the City Council of the City of Seal Beach at a regular meeting t:lereof held on the 19th day of August, 1958, by the followirig, vote: AYES NOES ABSENT Councilmen F.JA"'A"~J;,AlES/.R".lfAe'37l1,,,c.lu:; ,lfl S.s CouncUmen "v p.Al;f; Councilmen ..v IJ A' E 4~l!!ht!Uf_- " CITY CL~HK , . 6. ~