HomeMy WebLinkAboutCC ORD 1987-1903 AMENDING ORDINANCE NO.1480 AND SECTIONS 2.60.110, AND 2.60.210 AND 2.60.230 OF THE NATIONAL CITY MUNICIPAL CODEfollows:
ORDINANCE NO. /4103
AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENNDING
ORDINANCE NO. 1480 AND SECTIONS 2.60.110, 2.60.210 AND
2.60.230 OF THE NATIONAL CITY MUNICIPAL CODE
BE IT ORDAINED by the City Council of the City of National City as
Section 1. Section 2.60.110 of the National City Municipal Code
and Section 11 of Ordinance No. 1480 are amended to read as follows:
2.60.110 Formal Bidding Procedure -- Generally. All City
purchases subject to the provisions of this chapter, except where
the City Council, by Resolution, determines that competitive
bidding is impractical or impossible, or except as otherwise
provided herein, when the estimated cost thereof shall exceed
Fifteen Thousand Dollars, shall be purchased by formal written
contract with the lowest responsive responsible bidder submitting
the best bid, after due notice inviting bids.
Section 2. Section 2.60.210 of the National City Municipal Code
and Section 12 of Ordinance No. 1480 are amended to read as follows:
2.60.210 Open Market Procedure -- Used When - Informal
Bidding Required. Purchases of supplies, services and equipment
of an estimated value in the amount of Fourteen Thousand Nine
Hundred Ninety -Nine Dollars or less may be made by the Purchasing
Agent in the open market without observing the formal bidding
procedure prescribed in Section 2.60.110 through 2.60.200.
However, informal bidding shall be required, and whenever
practicable, be based on at least three bids and shall be awarded
to the lowest responsive responsible bidder submitting in all
respects the best bid. The Purchasing Agent may solicit bids by
direct mail request to prospective vendors, by telephone, or by
public notice on a bulletin board in the Civic Center. The
Purchasing Agent shall keep a record of all open market orders and
the bids submitted in competition thereon, and such records shall
also be open to public inspection.
Section 3. Subsection A of Section 2.60.230 of the National City
Municipal Code and Section 13 of Ordinance No. 1480 are amended to read as
follows:
2.60.230 Emergency Purchases -- By Purchasing Agent --
Emergency Defined. In the case of an emergency which requires
immediate purchase of supplies, materials, equipment or
contractual services, the City Manager may authorize the
Purchasing Agent to secure in the open market at the lowest
obtainable price any supplies, materials, equipment or contractual
services, regardless of the amount of the expenditure, provided,
however, that any such expenditure in excess of Fifteen Thousand
Dollars must be authorized by Resolution of the City Council.
PASSED and ADOPTED this ;-4 day of February, 1987.
_11.44;SAL1L144.456110.
Georger.s, Mayor
A'.LT1 ST:
Ion ' Campbell, City Clerk
AP ROVED AS W FORM:
George H. Eiser, III -City Attorney
Chapter 2.60
Sections:
2.60.010
2.60.020
2.60.030
2.60.040
2.60.050
2.60.060
2.60.070
2.60.080
2.60.090
2.60.100
2.60.110
2.60.120
2.60.130
2.60.140
2.60.150
2.60.160
2.60.170
2.60.180
2.60.190
2.60.200
2.60.210
PURCHASING SYSTEM
Adoption
Establishment of centralized purchasing division
Purchasing Agent--Designation--Authority
Purchasing Agent --Powers and Duties
Exceptions to centralized purchasing
Estimates of requirements
Requistions
Purchase Order --Encumbrance of funds
Standardization of supplies
Unauthorized purchases
Formal bidding procedure --generally
Formal bidding procedure --Notice inviting bids
Formal bidding procedure --Bidder's list
Formal bidding procedure --Bidder's security
Formal bidding procedure --Bid opening
Formal bidding procedure --Compilation of bids
and recommendations
Formal bidding procedure --Council action
following recommendation
Formal bidding procedure --Council rejection of
bids
Formal bidding procedure --Tie bids
Formal bidding procedure --Performance bond
Open market procedure --Used when-- Informal
bidding required
2.60.220 Open market procedure --Exception to bidding
requirements
2.60.230 Emergency purchases --By Purchasing Agent --
Emergency defined
2.60.240
2.60.250
Emergency purchases --Civil defense and disaster
Services, supplies and equipment not governed by
chapter
2.60.260 Cooperative purchasing
29-4 National City 1/ /87
2.60.010--2.60.040
2.60.010 Adoption. In order to establish efficient
procedures for the purchase of supplies, equipment, materials and
certain services; to secure the same for the city at the lowest
possible cost commensurate with quality needed; to exercise
positive financial control over purchase; to clearly define
authority for the purchasing function and to assure the quality
of purchases, a purchasing system is adopted. This chapter does
not apply to "public projects" as defined in Section 37901 of the
California State Government Code. (0rd. 1480 Sect. 1, 1987).
2.60.020 Establishment of centralized Purchasing Division.
There is created a centralized Purchasing Division under the
General Services Department in which is vested authority for the
purchase of supplies, equipment and certain services. (0rd. 1480
Sect. 2, 1987).
2.60.030 _P_u_r_cha_s_i_ng Agent--Designation--Authority. The
City Manager may designate a person to act in his behalf for the
purchase of supplies, equipment and services pursuant to this
chapter. The person so designated shall be authorized to act on
behalf of the city in carrying out the provision of this chapter
and shall be identified herein as the Purchasing Agent. The
Purchasing Agent may designate an employee of the Division to
perform functions and duties as provided herein with the
concurrence of the City Manager. (0rd. 1480 Sect. 3, 1987).
2.60.040_ Purchasing Agent- -Powers and Duties. The
Purchasing Agent shall: ~�
A. Have authority to negotiate, purchase and obtain
supplies, contractual services and equipment used by the city in
accordance with city and state law and such rules and regulations
as are prescribed by the City Manager and/or City Council;
B. Act to procure for the city the needed quality in
supplies, services and equipment at least expense to the city;
C. Discourage uniform bidding and endeavor to obtain full
and open competition on all purchases;
D. Prepare and recommend to the city manager rules and
regulations governing purchase of supplies, services and
equipment for the city and amendments thereto as necessary;
E. Keep informed of current developments in the field of
purchasing, prices, market conditions and new products, and
secure for the city the benefits of research done in the field of
purchasing by other governmental jurisdictions, national
technical societies, trade associations having national
recognition, and by private businesses and organizations;
F. Prescribe and maintain such forms as are reasonably
necessary for the operation of the purchasing system;
G. Prepare and maintain a vendor's catalog file;
H. Exercise propriety review over all purchases 'and make
recommendations to the city manager as appropriate. (0rd. 1480
Sect. 4, 1987).
29-5 National City 1/ /87
2.60.050--2.60.100
2.60.050 Exceptions to centralized purchasing. The
Purchasing Agent may, when authorized by the City Manager,
authorize a department or office to purchase supplies and.
equipment when such purchases may be made more advantageously or
expeditiously by the respective department or departments. (Ord.
1480, Sect. 5, 1987).
2.60.060 Estimates of requirements. The Purchasing Agent
may request all using agencies, city departments or offices to
file detailed estimates of their anticipated requirements in
order to take advantage of volume or selective buying. (Ord.
1480, Sect. 6, 1987).
2.60.070 Requisitions. Using agencies, city departments or
offices shall submit requests for supplies, equipment and
services to the Purchasing Agent on standard requisitions forms,
as prescribed by the Purchasing Agent. The Purchasing Agent shall
examine each requisition and estimate and shall have the
authority to revise it as to quantity, quality or estmated cost;
provided, however, that a change in quality will not vary
substantially from the standards of the using department or
office. (Ord. 1480, Sect 7, 1987).
2.60.080 Purchase Order --Encumbrance of funds. Except in
cases of emergency, or if excepted by the City Manager, all
purchases shall be made by Purchase Order issued by the
Purchasing Agent after authorization of the Finance Officer,
certifying that:
A. There is to the credit of each using department concerned
a sufficient unencumbered appropriated balance in excess of all
unpaid obligations to defray the amount of such order;
B. Such order is provided for in the budget of the using
department or has been approved by the City Council by
Resolution;
C. In the case of the purchase of capital equipment and
assets or services, if not provided for in the budget, that the
same have been first approved by the City Council by Resolution.
(Ord. 1480, Sect. 8, 1987).
2.60.090 Standardization of supplies. The Purchasing Agent
in cooperation with using departments shall provide for the
standardization of supplies, equipment and material in accordance
with their use. (Ord. 1480, Sect. 9, 1987).
2.60.100 Unauthorized purchases. No city officer or
employee shall order the purchase of any supplies, equipment,
materials or contractual services or make any contract within the
purview of this chapter other than in accordance with the
provisions of this chapter, the regulations and procedures
established thereunder and with the approval of the Purchasing
Agent. Any purchase or contract made contrary to this chapter
shall be null and void. (Ord. 1480, Sect 10, 1987).
29-6 National City 1/ /87
2.60.100--2.60.150
inlhtio. Formal bidding procedure --Generally. All city
purchases subject to the provisions of this chapter except where
the City Council, by Resolution, determines that competitive
bidding is impractical or impossible or except as otherwise
provided herein, when the estimated cost thereof shall exceed
fifteen thousand dollars shall be purchased by formal written
contract with the lowest responsive responsible bidder submitting
the best bid, after due notice inviting bids. (Ord. 1480, Sect.
11 (part), 1987).
22-$= Formal bidding procedure --Notice invitiaE_bids.
Notice inviting bids shall include a general description of the
article or service and details on bond requirements and shall be
published by the Purchasing Agent at least once in a newspaper of
general circulation in the city at least ten days before the last
day set for the receipt of bids as designated in the notice. In
the event a newspaper of general circulation within the city is
unable to publish such notice for any reason, the Purchasing
Agent shall post such notice in at least three public places in
the city designated as places for posting public notice. In the
event the item or items to be purchased are not identified in the
budget the City Council shall authorize the awarding of bids by
Resolution. (0rd. 1480, Sect. 11(a), 1987).
?2.60.1301 Formal biddinz _procedure --Bidder's list. The
Purchasing Agent shall also solicit sealed bids from responsible
prospective supplies who have requested that their names be added
to a bidder's list which the Purchasing Agent shall maintain, by
sending them a copy of such notice as will acquaint them with the
proposed purchase. (Ord. 1480, Sect. 11(b), 1987).
2.60_140 Formal bidding procedure --Bidder's securiti. The
Purchasing Agent may require bidder's security in an amount
deemed appropriate or applicable either in cash, certified or
cashier's check, or surety bond approved by the City Attorney. In
the event a bidder's security is required, no bid shall be
considered unless the required security is submitted therewith.
All bidder's security is refundable except in the case of a
successful bidder who shall forfeit his security if he fails to
execute a contract within ten days after notice of award has been
mailed or given to him or to otherwise comply with the
requirements to complete the transaction. (0rd. 1480, Sect.
11(c), 1987).
2.60.150 Formal bidding procedure --Bid opening. Sealed bids
shal be submitted to the Purchasing Agent, who shall open them in
public at the time and place stated in the public notices. the
Purchasing Agent may delegate his responsibilities •of this
subsection to responsible assistants and deputies. (Ord. 1480,
Sect. 11(d), 1987).
29-7 National City 1/ /87
2.60.160--2.60.190
2.60.160 Formal bidding procedure --Compilation of bids and
recemmendations. Following the opening of bids, the Purchasing
Agent shall compile all of the bids and submit them to the City
Manager together with a recommendation of award, taking into
consideration any recommendation of the department head
involved,the amount of bid, compliance with specifications and
responsibility of bidder. In determining the responsibility of
the bidder, the Purchasing Agent will be guided by, but not
limited to, a consideration of the following factors:
A. The experience of the city in dealing with the low
bidder;
B. The experience of other governmental agencies known to
the Purchasing Agent in their previous transactions with the low
bidder;
C. Knowledge of the quality and fitness of the product
offered by the low bidder, substantiated by reports of using
departments within the city or other governmental agencies;
D. Options to renew contracts for continuing purchases at
the same bid price, in those circumstances where price increases
are expected or have been experienced in the past.
The City Manager shall forward the compilations of bids and
his recommendation with respect to an award to the City Council;
provided, however, that the Purchasing Agent may reject any or
all bids or the bid for any one or more commodities or
contractural services included in the proposed contract if he
determines that the public interest will be served thereby. (Ord.
14+80, Sect. 11(e), 1987).
2.60.170 Formal bidding procedure --Council action following
recommendation. The City Council may make an award of contract to
the lowest responsive responsible bidder submitting the best bid
in all respects. The lowest responsive responsible bidder shall
be selected by the City Council and that decision shall be final.
(Ord. 1480, Sect. 11(f), 1987).
2.60.180 Formal bidding procedure --Council rejection of
ids. The City Council may reject any or all bids, and may
authorize the readvertising of bids, or in the alternative, may
authorize the purchase or services pursuant to the open market
procedure set forth herein, when either of the following
circumstances are found to exist:
A. That the suplies or services may be purchased at less
cost in the open market;
B. That the services or supplies are urgently required for
the preservation of life, health or property or that the public
interest would be best served by using the open market procedure.
(Ord. 1480, Sect. 11(G), 1987).
2.60.190 Formal bidding procedure --Tie bids. In the event
two or more bids are received which are for the same total amount
or unit price and in all other respects are equal, the Council
may award the contract to a local bidder. (Ord. 1480, Sect.
11(h), 1987).
29-8 National City 1/ /87
2.60.200--2.60.230
2.60.200 Formal bidding procedure --Performance bond. The
Purchasing Agent shall have authority to require a performance
bond in such amount as he shall find reasonably necessary to
protect the best interests of the city. If a performance bond is
required, the form and amount of the bond shall be described in
the notice inviting bids. (Ord. 1480, Sect 11(i),1987).
2.Oi'-, Open market procedure --Used when -Informal biddies
required. Purchases of supplies, services and equipment of an
estimated value in the amount of fourteen thousand nine hundred
ninety-nine dollars or less may be made by the Purchasing Agent
in the open market without observing the formal bidding procedure
prescribed in Section 2.60.110 through 2.60.200. However,
informal bidding shall be required, and whenever practicable, be
based on at least three bids and shall be awarded to the lowest
responsive responsible bidder submitting in all respects the best
bid. The Purchasing Agent may solicit bids by direct mail request
to prospective vendors, by telephone, or by public notice on a
bulletin board in the Civic Center. The Purchasing Agent shall
keep a record of all open market orders and the bids submitted in
competition thereon, and such records shall also be open to
public inspection. (Ord. 1480, Sect 12 (part), 1987).
'2.60.22220, Open market procedure --Exception to bidding
requirements. In any of the following instances, the Purchasing
Agent may dispense with the requirements of bidding when:
A. The estimated amount involved is less than twenty-five
hundred dollars:
B. The commodity can be obtained from only one vendor;
C. The commodity being purchased is required to match or be
compatible with other furnishings, materials or equipment
presently on hand and the purchase is made from the manufacturer
or supplier who supplied such other furnishings, matrials or
equipment and the total amount of the purchase does not exceed
five thousand dollars;
D. The City Council determines that due to special
circumstances, it is to the city's best interest to purchase a
commodity or enter into a contract without compliance with the
bidding procedure;
E. A particular type or make of commodity, furnishing, type
of material or equipment has been standardized by the city by
order of the City Manager or by the City Council. (Ord. 1480,
Sect. 12(a), 1987).
:6,O:230-'_Emergency purchases --By Purchasing Agent--
Emergency defined.
A. In the case of an emergency which requires immediate
purchase of supplies, materials, equipment or contractual
services, the City Manager may authorize the Purchasing Agent to
secure in the open market at the lowest obtainable price any
supplies, materials, equipment or contractual services,
regardless of the amount of the expenditure, provided, however,
that any such expenditure in excess of fifteen thousand dollars
must be authorized by Resolution of the City Council.
29-9 National City 1/ /87
2.60.230--2.60.250
B. In case of actual emergency, and with the prior consent
of the Purchasing Agent, any using department may purchase
directly any supplies, materials or equipment when the estimated
cost thereof exceeds one thousand dollars, provided that the
immediate procurement is essential to prevent delays in the work
of the using department which may affect the life, health or
convenience of citizens. The head of such using department shall
send to the Purchasing Agent a Requisition and a copy of the
delivery record, together with a full written explanation of the
circumstances of the emergency, which shall be filed by the
Purchasing Agent as a permanent and public record of the
purchase. The Purchasing Agent shall, by rules and regulations,
prescribe the procedures under which such emergency purchases may
be made.
C. In those instances where the estimated amounts involved
are less than one thousand dollars, the using department may
purchase directly such supplies with the consent of the
Purchasing Agent where immediate procurement is essential to the
needs and conduct of the work of the using department. The head
of such using department shall send to the Purchasing Agent a
Requisition and a copy of the delivery order together with a full
written explanation of the circumstance.
D. An "emergency" is defined as a breakdown in machinery or
equipment or the interruption of an essential service or any
threat to public health, safety or welfare. (Ord. 1480, Sect. 13,
1987).
2.60.240 Emergency purchases --Civil defense and disaster.
Nothing contained herein shall limit the authority of the
director of emergency services to make emergency purchases and
take such other emergency steps as are or may be authorized by
the City Council. (Ord. 1480, Sect 14, 1987).
2.60.250 Servicesi supplies and equipment not governed by
chapter. Other services, supplies and equipment not subject to
the provisions of this chapter are as follows:
A. "Public projects" as defined in Section 37901 in the
California State Govenment Code;
B. Utility services and related charges;
C. Work or services performed by another public or quasi -
public entity;
D. Real property purchases and related title and escrow
fees;
E. Credit card purchases of gasoline, oil or emergency
automotive needs;
F. Transportation and freight charges when not specifically
included on a Purchase Order:
G. Insurance and bond premiuns;
H. Advertising;
I. Real property leases;
J. Professional consulting services. (Ord. 1480, Sect. 15,
1987).
29-10 National City 1/ /87
2.60.260--2.60.260
2.60.260 Cooperative purchasing. The Purchasing Agent shall
have authority to join with other public jurisdictions in
cooperative purchasing plans. The Purchasing Agent may also buy
directly from a vendor at price established by competitive
bidding by another public jurisdiction in substantial compliance
with Sections 2.60.110 through 2.60.200 even if the city has not
joined with that public agency in a cooperative purchase. The
Agent also my purchase from the United States of America or any
state, municipality or other public corporation or agency without
following formal bidding procedures as provided in Sections
2.60.110 through 2.60.200. (Ord. 1480, Sect. 16, 1987).
29-11 National City 1/ /87
Passed and adopted by the Council of the City of National City, California,
on 2-2)4-87 by the following vote, to -wit:
Ayes: Councilmen Cooper, Dana, Pruitt, VanDeventer, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Clerk o'the City of National ' ty, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on 2-1Q-57
and on ....2 24-57
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO..1903... of the City of National City, passed
and adopted by the Council of said City on 2-24-87
(Seal)
By:
City Clerk of the City of National City, California
Deputy