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HomeMy WebLinkAboutCC ORD 1975-1480 Purchasing system (2.60)The City Council of the City of National City does ordain as follows: Section 1. ADOPTION OF PURCHAS- ING SYSTEM: 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 purchases; to clearly define authority for the purchasing function and to assure the quality of purchases, a pur- chasing system is hereby adopted. This ordinance does not apply to "public projects" as defined in Section 37901 of the California State Government Code. Section 2. Establishment of Cen- tralized Purchasing Division. There is hereby created a Centralized Purchasing Division under the General Services Department in which is vested authority for the purchase of supplies, equipment, and certain services. Section 3. Purchasing Agent. The City Manager may designate a person to act in his behalf for the purchase of supplies, equipment and services pur- suant to this ordinance. The person so designated shall be authorized to act on behalf of the City in carrying out the provisions of this ordinance and shall be identified herein as the Pur- chasing 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. Section 4. Purchasing Agent —Powers and Duties The Purchasing Agent shall: a. Have authority to negotiate, pur- chase and obtain supplies, con- tractual 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, serv- ices and equipment at least ex- pense 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 regula- tions governing purchase of sup- plies, services and equipment for the City and amendments thereto as necessary. e. Keep informed of current develop- ments 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, na- tional technical societies, trade associations having national recognition, and by private businesses and organizations. f. Prescribe and maintain such forms as are reasonably neces- sary for the operation of the purchasing system. Prepare and maintain a vendors' catalog file. Exercise propriety review over all purchases and make recommenda- tions to the City Manager os appropriate. Section 5. 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 expeditious by the respective deportment or departments. Section 6. 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. Section 7. Requisitions. Using agencies, City departments or offices shall submit requests for supplies, e• h. ORDINANCE NO. 1480 AN ORDINANCE OF THE CITY OF NATIONAL CITY PROVIDING FOR THE PURCHASE OF SUPPLIES, EQUIPMENT AND CERTAIN SERVICES. equipment and services to the Purchas- ing Agent on standard requisition 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 estimated cost; provided however, that a change in quality will not vary substantially from the standards of the using department or, office. Section 8. Purchase Order -Encum- brance 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 Fi- nance otficer, certifying: a. That there is to the credit of each using department concerned a sufficient unencumbered ap- propriated balance in excess of all unpaid obligations to defray the amount of such order. b. That such crder is prcvided for in the budget of the using de- partment or has been approved by the City Council by resolution. c. That 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. Section 9. Standardization of Supplies. The Purchasing Agent in cooperation with using departments shall provide for the standardization of supplies, equip- ment and material in accordance with their use. Section 10. Unauthorized Purchases. No City officer or employee shall order the purchase of any supplies, equipment, matrials or contractual services or make any contract within the purview of this ordinance other than in accordance with the provisions of this ordinance, the regulations and procedures established thereunder and with the approval of the Purchasing Agent. Any purchase or contract made contrary to this ordinance shall be null and void. Section 11. Formal Bidding Procedure. All City purchases subject to the pro- visions of this ordinance except where the City Council, by resolution, deter- mines that competitive bidding is im- practical or impossible or except as otherwise provided herein, when the estimated cost thereof shall exceed Seven Thousand Dollars ($7,000.00), shall be purchased by formal written contract with the lowest responsible bidder submitting the best bid, after due notice inviting bids. a. Notice Inviting Bids. Notice in- viting bids shall include a general description of the article or service and details on bond re- quirements and shall be published by the Purchasing Agent at least once in a newspaper of general circulation in the City at least ten (10) 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 notices. In the event the item or items to be purchased is not identified in the budget the City Council shall authorize the notice inviting sealed bids by resolution. b. Bidders' List. The Purchasing Agent shall also solicit sealed bids from all responsible pro- spective suppliers who have re- quested that' their names be added to a "Bidders' List" which the Purchasing Agent shall main- tain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase. g. c. Bidders' Security. The Purchasing Agent may require bidders' 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 bidders' security is re- quired, no bid shall be considered unless the required security is submitted therewith. All bidders' 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 (10) days after notice of award has been mailed or given to him or to otherwise comply with the requirements to complete the transaction. d. Bid Opening. Sealed bids shall 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 resonsibilities of this sub- section to responsible assistants and deputies. e. Compilation of Bids and Recom- mendations. Following the open- ing 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 considera- tion any recommendation of the department head involved, the amount of bid, compliance with specifications and responsibi lity of bidder. In determining the responsibility of the bidder, the Purchasing Agent will be guided by, but not limited to, a con- sideration of the following factors: (1) The experience of the City in dealing with the low bidder; (2) The experience of other gov- ernmental agencies known to the Purchasing Agent in their previous transactions with the low bidder; (3) Knowledge of the quality and fitness of the product offered by the low bidder, sub- stantiated by reports of using departments within the City or other governmental agencies; (4) Options to renew contracts for continuing purchases at the same bid price, in those cir- cumstances where price in- creases are expected or hove 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 Pur- chasing 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. f. Council Action Following Recom- mendation. The City Council may make an award cf contract to the lowest responsible bidder submit- ting the best bid in all respects. The lowest responsible bidder shall be selected by the City Council and that decision shall be final. Council Rejection of Bids. The City Council may reject any or all bids, and may authorize the reodvertising 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. (1) That the supplies or services may be purchased at less cost in the open market; 1480 63 (2) 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 pro- cedure. h. 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. i. 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. Section 12. Open Market Procedure. Purchases of supplies, services and equipment of an estimated value in the amount of six thousand nine hun- dred ninety nine dollars ($6,999.00) or less may be made by the Purchasing Agent in the open market without observing the formal bidding procedure prescribed in Section 11. However, in- formal bidding shall be required, and whenever practicable, be based on at least three bids and shall be awarded to the lowest responsible bidder sub- mitting 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 there- on, and such records shall also be open to public inspection. a. Exceptions. In any of the follow- ing instances, the Purchasing Agent may dispense with the re- quirements of bidding: (1) When the estimated amount involved is less than Fifteen Hundred Dollars ($1,500.00); (2) When the commodity can be obtained from only one vendor: (3) When 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 furn- ishings materials or equipment and the total amount of the purchase does not exceed Four Thousand Dollars ($4,000.00) ; (4) When the City Council deter- mines that due to special cir- cumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure; (5) When a particular type or make of commodity, furnish- ing, type of material, or equip- ment has been standardized by the City by order of the City Manager or by the City Coun- cil. Section 13. Emergency Purchases by Purchasing Agent. a. In case of an emergency which requires immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Pur- chasing Agent to secure in the open market at the lowest ob- tainable price any supplies, ma- terials, equipment, or contractual services, regardless of the amount of the expenditure, provided, however, that any such expendi- ture, in excess of Ten Thousand Dollars ($10,000.00) must be authorized by resolution of the City Council. b. In case of actual emergency, and with the prior consent of the Purchasing Agent, any using de- partment may purchase directly any supplies, materials or equip- ment when the estimated cost thereof exceeds Five Hundred Dollars ($500.00), 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 depart- ment 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 Pur- chasing 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, provided, further, that in those instances where the estimated amounts involved are Tess than Five Hundred Dollars ($500.00) the using department may pur- chase directly such supplies with the consent of the Purchasing Agent where immediate procure- ment 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 circumstances. c. An emergency is hereby defined as a breakdown in machinery or equipment or the interruption of an essential service or any threat to public health, safety, or welfare. Section 14. Emergency Purchases — Civil Defense and Disaster. Nothing herein contained 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. Section 15. Other Services, Supplies and Equipment not Subject to the Pro- visions of this Ordinance. a. "Public Projects" as defined in Section 37901 in the California State Government Code b. Utility services and related charges c. Work or services performed by another public or quasi -public entity d. Real property purchases and re- lated title and escrow fees e. Credit card purchases of gasoline, oil or emergency automotive needs f. Transportation a n d freight charges when not specifically included on a purchase order g. Insurance and bond premiums h. Advertising 1. Real property leases j. Professional consulting service Section 16. Cooperative Purchasing. The Purchasing Agent shall have authority to join with other public juris- dictions in cooperative purchasing plans. The purchasing Agent may also buy directly from a vendor at a price est lished by competitive bidding by ono public jurisdiction in substantial pliance with Section 11 even if City of National City had not joined with that public agency in a coopera- tive purchase. The Agent also may pur- chase from the United States of America or any state, municipality or other public corporation or agency without following formal bidding procedures as provided in section 11. Section 17. Severability. If any sec- tion, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitu- tional or otherwise invalid, such invalidity shall not affect the validity of the entire ordinance or any of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance and each section, subsection, subdivision, sen- tence, clause and phrase hereof, irre- spective of the fact that any one or more section, subsections, subdivisions, sentences, clauses or phrases be de- clared unconstitutional or otherwise invalid. Section 18. Effective Date. This or- dinance shall take effect and be in full force on the thirty-first day after its adoption. PASSED AND ADOPTED this 16th day of September, 1975. S/KILE MORGAN Mayor ATTEST: S/IONE MINOGUE CAMPBELL City Clerk BY: S/S. LYNNETTE SCHMOCK Acting Deputy Passed and adopted by the Council of the City of National City, California, on September 16, 1975 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalla, Pinson, Reid, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California IONE MINOGUE CAMPBELL City Clerk of the City of National City, California BY: S/S. LYNNETTE SCHMOCK Acting Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed be- tween the day of its introduction and the day of its final passage, to wit, on September 2, 1975 and on September 16, 1975. I FURTHER CERTIFY THAT said or- dinance 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 Councli, and that there was available for the consideration of each member 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 correct copy of ORDINANCE NO. 1480 of the 'ty of atonal City, passed and ted b th Council of said City on b:,'16, 1S' 10IN UE ''MPBETL City Clerk of e City of National Ci California By: S. LYNNETTE SCHMOCK Acting Deputy AND I EREBY CERTIFY that the as ben duly published accordi (Seal) City Clerk the City of National Ty, California