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HomeMy WebLinkAbout1966-10-20; City Council; 1098; Supplies & equipment purchaseI/ 4 5 6 ORDINANCE NO. 1098 AN ORDINANCE OF THE CITY OF CARLSBAD PROVIDING FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT. The City Council of the City of Carlsbad does ordain as follows: SECTION 1. ADOPTION OF PURCHASING SYSTEM. In order to establisl' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ent procedures for the purchase of supplies and equipment, to secure for the City supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive finan- cial 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. SECTION 2. CGNTRALIZED PURCHASING DEPARTMENT. There is hereby created a centralized Purchasing Depattment in which is vested authority for the purchase of supplies and equipment. / SECTIONf?. PURCHASING OFFICER. There is hereby created the position of Purchasing Officer. Manager, and in the absence of such an appointment, the functions of said position shall be performed by the City Manager. Purchasing Officer shall be the head and have general supervision of the Purchasing Department. The duties of Purchasing Officer may be combined with those of any other office or position. Purchasing Officer shall have the authority to: He shall be appointed by the City The The (a) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this ordinance, such administrative regulations 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 Council. .. a. 2 :3 4 5 6 IC 11 3.2 1: 14 1E 2( 21 2: 2; 2L 2f 2t 2' 21 2! 3 3: 0 (b) purchase of supplies and equipment. (c) supplies and equipment at least expense to the City. (d) full and open competition as possible on all purchases. (e) Prepare and recommend to the City Manager rules governing the purchase of supplies and equipment for the City. (f) amendments to the purchasing rules. (9) Negotiate and recommend execution of contracts for the Act to procure for the City the needed quality in Discourage uniform bidding and endeavor to obtain as Prepare and recommend to the City Manager revisions and Keep informed of current developments in the field of purchasing, prices, market conditions and new products. (h) Prescribe and maintain such forms as reasonably necessary to the operat regul ations . (i) purchased to insure conformance with sp (j) Recommend the transfer of surplus equipment between departments as needed. his ordinance and other rules and Supervise the inspection of all supplies and equipment (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 Purchasing Officer, with approval of the City Manager, may authoriz in writing, any agency to purchase specified supplies and equipment independently of the Purchasing Department; but he shall require that such purchases shall be made in conformity with the procedures established by this ordinance, and shall further require periodic reports from the agency on the purchases made under such written authorization. 1 2 9 4 5 6 7 8 9 'IC 11 12 1: 14 1: It 1' 1t l! 2( 2: hall file detailed estimates of their requirements in supplies nd equipment in such manner, at such time, and for such future eriods as the Purchasing Officer shall prescribe. I SECTION 6. REQUISITIONS. Using agencies shall submit requests or supplies and equipment to the Purchasing Officer by standard equisition forms, or by other means as may be established by the urchasing Rules and Regulations. SECTION 7. BIDDING. Purchases of supplies and equipment hall be by bid procedures pursuant to Section 10 and 11 hereof. idding may be dispensed with only when an emergency requires that in order be placed with the nearest available source of supply, )r when the amount involved is less than $100, or when the commodity :an be obtained from only one vendor. SECTION 8. PURCHASE ORDERS. Purchases of supplies and equip- oent shall be made only by purchase orders. irovided herein, no purchase order shall e jssued the 3rior approval of the Purchasing Officer or his designated representative has been obtained. Except as otherwise SECTION 9. ENCUMBRANCE OF FUNDS. Except in cases of emergency or in cases where specific authority had been first obtained from the City Council, the Purchasing Officer shall not issue any purchase order for supplies 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 otherwi provided herein, purchases of supplies and equipment of an esti- mated value greater than $2,500 shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed. L IC 13 12 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 29 30 31 32 10 (a) include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. Notice Inviting Sids. Fdotices inviting bids shall (1) Published Notice. Notices inviting bids shall be published at least ten (10) days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed and published in the City. (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 made written request that their names be added thereto. (3) Bulletin Board. The Purchasing Officer shall also advertise pending purchases by a notice posted on a public bulletin board in the City Hall. (b) Bidder's Security. Mhen 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, however, that a successful bidde shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless in the latter event the City is solely responsible for the delay in executing the contract. The City Council may, on refusa' of failure of the successful bidder to execute the contract award it to the next lowest responsible bidder. If the Citj Council awards the contract t the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if -4- 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 2E 26 27 2E 3C 31 32 any, shall be returned to the lowest bidder. If the City Council rejects all bids presented and re-advertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids (and the surplus, if any 11 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. and place stated in the public notices. all bids received shall be open for public inspection during Bids shall be opened in public at the time A tabulation of regular business hours for a period of not less than thirty (30) calendar days after the bid opeRing. (d) Rejection of Bids. In its discretion, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure hereinabove prescribed. (e) Award of Contracts. Except as otherwise provided herein, contracts shall be awarded by the City Council to the lowest resgonsi b 1 e bi dder. (f) Tie Bids. If two or more bids received are for the same total amount or unit priceg quality and service being equal, and if the public interest will not permit the delay of re- advertising for bids, the City Council may in its discretion accept the one it.chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening. (9) 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 necessary to protect the best interests 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. -5- c Purchases of supplies amount of $2,500 or in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in Section 10 hereof; provided, however, all bidding may be dispensed with for purchases of ed value of less t purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder. 12 13 ' 141 21 22 23 15 16 17 18 19 20 24 25 26 27 2E 2< 3( 3: (b) Notice Inviting Bids. The Purchasing Officer shall solicit bids by written requests to prospective vendors, by telephone, and by public notice posted on a public bulletin board in the City Hall. (c) Written Bids. Sealed written bids shall be submitted to the Purchasing Officer who shall keep a record of all open submission of bids or the placing of orders. while so kept, shall be open to public inspection. SECTION 12. INSPECTION AND TESTING. The Purchasing Officer shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the or- der. The Purchasing Officer or Department Head requisitioning supplies and equipment shall have authority to require chemical and physical tests of samples su of deliveries which are necessary to and conformance with specifications. SECTION 13. . All using This record, with bids and termi ne thei qual ty agencies shall sub in such forms as he shall prescribe, reports shovi and equipment which are no longer used or which have become * ** . . .. 3. 2 3 4 5 6 7 e 9 IC 13 12 12 14 1: It 1'; 11 15 2( 2: 2: 2: 21 21 2( 2' 2; 2' 31 3 3 0 0 bsolete or worn out. The Purchasing Officer shall have authority o exchange for or trade in on new supplies and equipment all upplies and equipment which cannot be used by any agency or which ave become unsuitable for City use. SECTION 14. SEVERABILITY. If any section, subsection, sub- ivision, sentence, clause or phrase of this ordinance is for any eason held to be unconstitutional or otherwise invalid, such nvalidity shall not affect the validity of the entire ordinance r any of the remaining portions thereof. ereby declares that it would have passed this ordinance, and each ection, subsection, subdivision, sentence, clause and phrase ereof, irrespective of the fact that any one or more sections, ubsections, subdivisions , sentences, clauses or phrases be leclared unconstitutional or otherwise invalid. The City Council SECTION 15. EFFECTIVE DATE. This ordinance shall take !ffect and be in force on the thirty-first day from and after its idop ti on. SECTION 16. PUBLICATION. The City Clerk of the City of Iarlsbad is hereby directed to cause this ordinance to be published ince in the Carlsbad Journal, a newspaper published and of general 3irculation in said City of Carlsbad. First read at a regular meeting of the City Council of the City of Carlsbad held on the 4th day of October, 1966, and finally approved and adopted at an adjourned regular meeting held on the 20th day of October, 1966, by the following vote, to wit: AYES: Councilmen Worthing, Neiswender, Dunne and Jardine. NOES: None: ABSENT: Councilman Atkinson. ATTEST : Carlsbad, California -7-