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HomeMy WebLinkAboutORD NO 775 .AN ORDIZ{ANCE EST.ABLI~HING A PORCHASING SYSTEM FOR TPIE CITY OF B.~.KERSFIE~D, C.ALIFORNIA; PROVID- ING RULES AhU) REGULATIONS FOR MAKING THE ',~ECESS.ARY PURCHASES FOR THE CITY OF BAKFAiSFIEV.D; CREATING THE oF~mlCE OF CITY PURCHASING .AGENT; and DEFINING HIS PO'~¥ERS .AND DUTIES .. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF B.AKERSFIE~D, as follows: SECTION 1. THE PURCHASING AGENT. The purchasing agent shall be appointed by the City Manager and shall be subject to his direction, and control. He shall give a bond, to b& approved by the City Council, in the sum of Five Thousand Dollars ($%,000.00), conditioned for the faith- ful performance of his official duties, signed and executed by two or more responsible freeholders or by a surety company authorized .to do business in the State of California. SECTION 2. SCOPE OF PDURCHASING AUTHORI'TY. It sh~ll be the duty' of the purchasi~q~ agent to purchase and contract for all supplie~materials, equipment, and contractual services needed by any and all a~ncies which derive their support from public funds and which are her's, in- after referred to as the using agencies, subject'to approval of '~he City Council, as hereinafter prescribed. The City Manager, wit~ the' approval of the City Council, may adopt rules and regulatioas ex~.m, pting certain materials and/or contractual services from the centralized purchasing provisions of this ordinance under certain conditions. SECTION ~. REQUISITIONS .AND ESTIMATES. All using agencies of the city shall file with the purchasing agent detailed estimates of their"' require- ments in supplies, materials, equipment, and contractual .~ervices in such manner, at such time, and for such periods as the'City'.Manager 1. shall prescribe. The requirement for preparim~ estimates shall in no wise prevent any using agency from filing with the purchasing agent at any time a requisition for any supplies, materials, equip- ment, or contractual services the need for which w. as not foreseen when the detailed estimates were filed. SECTION 4. CONTRACT PROCEDURE. .All'expenditures for supplies, equipment, or contractual services amounting to more than Five Hundred Dollars ($500.00) shall be made on the basis of a written contract. Notices inviting sealed competitive bids shall be published for .five ~on- secutive days in the official newspaper. Such notices shall state the general description of the article to be purchased, where speci- fications may be obtained, and the time and place for the opening of bids. ..T. he purchasing agent shall, in addition, solicit sealed bids from prospective suppliers by sending them copies of newspaper notices, bid forms, and specifications to acquaint them with the .proposed pur- chase. All proposed purchases of supplies, equipment, or contractual services to be Purchased by contract shall also be advertised by notices posted on a bulletin board in the City Hall. Ail bids shall be submitted sealed to the purchasing, agent. The City Council may provide that the successful bidder shall post a cashier's check, certified check, or surety bond in the amount that it deems proper. The bids shall be opened publicly by the purchasim~ agent at the time and place stated in the public notice. .After examina- tion and tabulation by the ci. ty purchasing agent, all bids may be inspected by the competing bidders. The bids shall then be transmitted to the City Manager with the recommenda%ion of the purchasing agent. T~e-~tT-N~-r~f will sub~it -his r~-~o-mmend'a-tion as to t'h~'- award the City Council. The City Council may reject any or all bids if deemed excessive 'and readvertise for bids, or provide for the purchase of materials and/or for the work to be done under the direction of 0 the City Manager. In case no bid is received, the 0ouncil may like- wise provide for the purchase of materiels and/or for the work to be done un~er the direction of the City Manager. Otherwise, the contract shall be awarded by the City Council pursuant to the requirements of Article X of the City Charter. SECTION 5o OPE~ MA2IKET ORDERS. .Ail purchases of supplies, materials, equip- ment, or contractua~ services, the cost of which is'less than Five Hundred Dollars ($%00o00), may be made in the open market, without newspaper advertisement and without the necessity of observing the procedure prescribed by Sectio~ 4~hr the award of contracts. .Ail open market purchases shall, wherever possible, be' ba~ed on at least three competitive bids and shall be awarded on the basis of .the bid-most advantageous to the City. The purchas.ing agent may solicit bids by direct mail request to prospective vendors, by telephone, and by public n~tice on a bulletin board in the City Hall. The city purchasing agent shall keep a record of all open market orders and bids submitted thereon which shall be 6pen to public inspection. SECTION 6. ENCU~BRANCE OF FUNDS. Except in cases of emergency~ the purchas- ing agent shall not issue any order, for delivery on a contract or any open market order u~ess and until the'auditor certifies that 'there is to the credit of each of the using agencies concerned a suf- ficient appropriation balance,, in excess of ~ll unpaid obligations, to ~efray the cost of such supplies, materials, equipment, or contractual services. SECTION ?. ~ERGENC¥ PURCHASES. In case of emergency and v~ith the prior ap.pr~tal_~he._purchasing- agent, any_ or..al.1 us.i_DE, a_g_encies ma_y_.p___ur_-_ ..... chase directly any supplies, materials and/or equipment costing less than Five Hundred Dollars ($~00.00), the immediate procurement of which is essential to prevent delays in the v~ork of the using agency which may vitally affect the life, health, or convenience of citizens. The head of a using agency making such an emergency purchase shall prepare in triplicate the emergency purchase order.' original to be delivered to vendor, duplicate sent to pu~chasim~ agent, and triplicate re- tained by issuing department. .At the same time, he shall prepare a letter to accompany the purchasing agent is copy settim~ forth all details including a full explanation of the circumstances of the emergency. The purchasing agent shall prepare and issue a confirm- lng purchase order upon receipt of his copy of the emergency order in order that a proper payment to the vendor can be made. SECTION 8. INSPECTION. The purchasing agent shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment, or contractual services to determine their conformance with the .speci- fications set forth in the order or contract, unless some other person. is designated to do so in a particular case by the City Manager. Any department having the staff and facilities for adequate inspection may be authorized by the purchasing agent to inspect all deliveries made' to such using a~ency. The City Manager shall have authority to prescribe chemical and physical tests of samples submitted with bids and samples of deliveries to determine their quality and conform- ance with the City's specifications. For the performance of such tests, the City Manager shall have authority to make available to the purchasim~ agent the use of laboratory facilities of any agency of the' City government or any outside laboratory deemed necessary to protect the City's interests. The cost of such tests shall be charged to the appropriation of the agency in whose behalf the test is made. SECTION 9o SURPLUS S_TOCK. Ail using, ag~enc..i.e__s..s_..hall submit to the p?c.has.i.ng_.._. agent, at such times and in such form as he shall prescribe, report.s showim~ stocks of supplies, materials, and equipment on hand awaiting use. When a surplus of stock exists the purchasing agent may trans- fer it to any other agency or agencies which have need for it. The City Council may authorize the City Manager to direct the sale by the purchasing agent of all supplies, materials, and equipment not needed for public use or that may have become unsuitable for public use. .Any such sale shall be based on.competitive bids. SECTION lC. STOREROOMS .AND W. AREHOUSES. ·All storerooms and warehouses serv- ing two or more departments shall be under the control of the purchas- ing agent. The City Council, upon recommem~ation of the City Manager, shall take action to provide a stores revolving fund of sufficient amount to finance the purchase and storage of standard supplies, materials, and equipment which may be purchased and stored advantageously~ and shall prescribe by ordinance the rules and regulations for opera- tion of such fund. SECTION ll. RULES AND REGULATIONS. The City Manager shall administer and enforce the provisions of this ordinance~ and with the approval of the City Council, shall prescribe, adopt and enforce reasonable rules and regulations for the purpose of administering and enforcing the provisions of this ordinance. SECTION 12. .ANNUAL REPORT. The purchasim~ agent shall submit to the City Manager an annual report on the ~rk of his office, and may submit, from time to time~ recommendations for changes which he deems neces- sary or desirah~'~. SECTION 13. CO'~$14ICT ~WITH STATE L.AV~. The provisions of this ordinance shall .... ~t'-'~ppl-y-to'-any"contract '&wa-r~-e~p.u~-.-suan.t to, the provisions of any law of the State of California which prescribes a different procedure~ insofar as such procedure conflicts with the provisions hereof. ...... oOo ...... I HEBEmY CERTIH that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the~..'~day of March, 19%8, by the follow- lng vote: AYES: CARNAKIS, CROSS. I~UEHN, RYDER, SI~MON. VANDERLEI. VERCAMMEN NOES: --~ ............................................. A~T: ,--~' -:-'----''''""~--' ": City Clerk and Ex-~rficio- : Clerk of the ~ Council of the City of Bakersfield. ~:'~::~" ~~R ~6f ~he City o~ Baker sfiel ~. · STATE O~ CALIFORNIA~ County of Ke~ V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City ~f Bakersfield; and that on ............... ..M...a...r...c...~. ......... .?..._~.. ............. ,19....4...~., he posted on the Bulletin Board at the · City Hall, a full, true and correct copy of an ordinance Passed by the Council of said City .at a m.eetin§ thereof, ~ held on......M..a...r...c..h. ..... '._.,:...?.....-~f.. ................ , 19..~.~..., which ordinance was numbered....~...~.~.... ..... New Series, and entitled: ! "AN ORDINANCE ESTABLISHING A I~JRCH.ASING SYSTEM FOR THE CITY OF B. AIf~ERSFIELD~ C.ALIFORNI. A; PROVIDING RULES AND REGULATIONS FOR MAKING THE NECESSARY PURCHASES FOR THE CITY OF B.~SFIELD; CREATING THE OFFICE OF CITY PURCHASING .AGENT$ AND DEFINING HIS POWERS AND DUTIES." ! !'i .~.~,,[;." ./T'~'"'...'-,.'..".~ubscribed and sworn to befo~ me mis ~" ~ i~.~' , .,., .~ _ ~ , ' *~: ~ '~ ~ ' da--of March ~. 48 , [~ ~ ---~ ..... 7 .............. ~ ............................... ,= ......... . '~ My Corn I I I ;'~ ............ ~..?.