HomeMy WebLinkAbout1966-10-20; City Council; 1098; Supplies & equipment purchaseI/
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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'
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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.
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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.
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a.
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(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.
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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.
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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.
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(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
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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.
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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.
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(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
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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
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