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HomeMy WebLinkAboutORD NO 1757 ORDINANCE NO. 1757 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROVIDING FOR THEl PURCHASE .OF-~UPPLIES i' EQUIPMENT AND INCIDENTAL SERVICES NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Bakersfield as follows: SECTION 1. That Chapter 5.20 of the Municipal Code of the City of Bakersfield is hereby repealed. SECTION 2. That Section 1.54.020(d), Purchasing Agent, is hereby added to the Municipal Code of the City of Bakersfield as follows: 1.54.020(d) PURCHASING. Supervise and administer a central pur- chasing program for use by any office, department, or agency of the city government. The Finance Director shall have the authority to: (1) Purchase, rent, or contract for supplies, equipment, and incidental services required by any departmmnt in accordance with purchasing procedures prescribed by this chapter and the Administrative Rules and Regula- tions. (2) Negotiate and recommend execution of contracts for the purchase of supplies, equipment, and incidental services. · . SECTION 3. That new Chapter 5.20 Purchasing Authority and Procedure is hereby added to the Municipal Code of the City of Bakersfield as follows: Chapter 5.20 Purchasing Authority and Procedure Sections: 5.20.010 Centralized Purchasing Division 5.20.020 Adoption of Purchasing System 5.20.030 Estimates of Requirements 5.20.040 Annual Contracts 5.20.050 Requisitions 5.20.060 Bidding 5.20.070 Purchase Orders 5.20.080 Encumbrance of Funds 5.20.090 Formal Contract Procedure 5.20.100 Open Market Procedure 5f20.110 Inspection and Testing 5.20.120 Surp%us Supplies and Equipment 5.20.130 Severability 5.20.010 CENTRALIZED PURCHASING DIVISION. The Purchasing Division of the Finance Department shall be vested with authority for the purchase of supplies, equipment, and incidental services. 5.20.020 ADOPTION OF PURCHASING SYSTEM. In order to establish efficient procedures for the purchase of supplies, equipment, and incidental services, to secure for the City supplies, equipment, and incidental services at the lowest possible cost con~nensurate with quality needed, to exercise positive financial control over pur- chases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted.. 5.20.030 ESTIMATES OF REQUIREMENTS. Ail departments shall file detailed estimates of their requirements in supplies and equipment, setting forth specifications in such manner, at such time, and -2- for such future periods as the P.~re~a~i~g rules and regulations shall prescribe. 5.20.040 ANNUAL CONTRACTS. The Finance Director or his designated representative shall, in accordance with Section 134 of the City Charter, have authority to negotiate prices set forth in annual contracts for purchases of repetitively used items, and he shall have authority, to accept proposals from, or enter into memorandum accounts with vendors for items that are required in minor undeter- mined quantities which are not practical in competitive bidding. 5.20.050 REQUISITIONS. Departments shall submit requests for supplies and equipment to the Finance Department by standard requi- sition forms, or by other means as may be established by the Administrative rules and regulations. 5.20.060 BIDDING. Purchases of supplies and equipment shall be by bid procedures pursuant to Sections 5.20.080 and 5.20.090 hereof. Bidding may be dispensed with only when, in accordance with Section 136 of the City Charter, the City Council has declared an emergency which requires that an order be placed with the nearest available source of supply, or when the service, material, or group of commodities can be obtained from only one vendor. 5.20.070 PURCHASE ORDERS. Purchases of supplies and equipment shall be made only by purchase orders, except as otherwise provided herein. No purchase order shall be issued except by the Finance Director or his designated representative. 5.20.080 ENCUMBRANCE OF FUNDS. Except in cases where necessary budget adjustments have been duly authorized, the Finance Director 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. -3- 5.20.090 F. ORMAL CONTRACT PROCEDURE. Except as otherwise provided herein, purchases of supplies and equipment of an estimated value greater than $4,000.00 shall be by written order or contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed. (a) Notice Invitin~ Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifi- cations may be secured, and the tim~ and place for opening bids. (1) Published Notice. Notices inviting bids shall be published at least five (5) 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, or if there is none, it shall be posted in at least three public places in the City that have been designated by ordinance as the places for posting public notices. (2) Bidders' List. The Finance Department shall also solicit sealed bids from respon- sible prospective suppliers whose names are on the Bidders' List or from responsible prospective suppliers who have made written request that their names be added thereto. -4- (3) Bulletin Board. The Finance Department shall also advertise pending purchases by a notice posted on a public bulletin board in the City Hall. (b) Bidder's Security. When deemed necessary by the Finance Director, 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 bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of con- tract 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 refusal or failure of the successful bidder to execute the con- tract, award it to the next l'owest responsible bidder. If the City Council awards the contract to 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 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, shall be returned to the lowest bidder). (c) Bid Opening Procedure. Sealed bids shall be sub- mitted to the Finance Department and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. -5- A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. (d) Refection of Bids. In its discretion, the City Council may reject any and all bids presented and order the Finance Department to re-advertise for bids pursuant to the procedure hereinabove 'prescribed. (e) Award of Contracts. Except as otherwise pro- vided herein, orders or contracts shall be awarded by the City Council to the lowest responsible bidder. (f) Tie Bids. If two or more bids recieved are for the same total amount or unit price, 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. (g) Perfo~Lmnce Bonds. The Finance Department 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. When the Finance Department requires a perfo~-~mnce bond, the form and the amount of the bond shall be described in the notice inviting bids. 5.20.100'. OPEN MARKET PROCEDURE. Purchases of supplies and equipment of an estimated value in the amount of $4,000.00 or less may be made by the Finance Director in the open market pursuant to -6- the procedure hereinafter prescribed and without observing the procedure prescribed in Section 5.20.080 hereof. (a) Minimum Number of Bids. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder. (b) Notice Inviting Bids. The Finance Director shall solicit bids by written requests to pro- spective vendors, by telephone, and by public notice posted on a public bulletin board in the City Hall, for single purchases amounting to more than $2,500.00 but less than $4,000.01. (c) Written Bids. Sealed written bids shall be submitted to the Finance Director for single purchases amounting to more than $2,500.00. The Finance Director shall keep a record of all open market orders and bids for a period of one year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspection. (d) Oral Bids. Oral bids shall be obtained from prospective suppliers by the Finance Director when the amount involved is $2,500.00 or less, unless at the Finance Director's discretion, written bids have been obtained or bidding has been dispensed with in accordance with Section 5.20.050 hereof or the amount involved is less than $150.00 and the Finance Director has determined more than one bid to be impractical; or the purchase is to be made through the petty cash procedures. (e) Petty Cash. Purchases of a minor nature may be made through petty cash procedures prescribed by administrative rules and regulations. Bidding shall not be required for petty cash purchases. 5.20. 110 INSPECTION AND TESTING. The Finance Director or his designated representative shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The Finance Director shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 5.20.12.0 SURPLUS SUPPLIES AND EQUIPMENT. Ail Department Heads of the City shall submit to the Finance Director, at such times and in such form as he shall prescribe, reports showing stock, materials and equipment on hand not then in use in said depart- ment. When a surplus of stock, materials or equipmmnt exists in any department, the Finance Director may transfer the same to any other department or departments having a need for such stock or any portion thereof on approval of the City Manager. When it is found by the Finance Director that a surplus of stock, materials and/or equipment exists which is not needed for use by any City department, the City Manager may authorize the sale thereof by the Finance Director, and the proceeds from any such sale or sales shall be deposited in the City Treasury. Such sale or sales shall be con- ducted in the following manner: (a) Upon authorization of the City Manager, the Finance Director shall obtain competitive and formal quotations for the sale of surplus stock, materials or equipment, when any one item or group of items -8- offered for sale amounts to more than $250.00 in appraised resale value. (b) When items offered for sale amount to more than $250.00 in appraised resale value, said Finance Director shall cause notice of sale to be published at least five days before the sale, in the official newspaper, giving a general des- cription of the items to be sold, where bids are to be received, and the time and place of sale. The Finance Director shall, in addition, solicit sealed quotations from prospective buyers, by telephone or by sending them copies of newspaper notices, or other methods designed to reach the greatest number of prospective buyers. (c) When any separate item or items of such surplus stock, material or equipmmnt to be offered for sale amounts to $250.00 or less, said Finance Director may accept informal written bids or quotations for the sale of such item or items, without causing a notice of sale to be published in a newspaper. (d) At the tim~ and place of sale of such surplus stock, material or equipment, oral bids may be con- sidered by the Finance Director, after giving proper notice of such fact, provided such oral bids shall be at least 10% higher than the highest written bid received at the time of opening of bids. (e) The Finance Director may, at his discretion, require cash or a c~shier's check in an amount equal to 10% of the price bid to be deposited by the bidder at the time of making or submitting his bid. The -9- person to whom any bid is awarded, shall cons~mte the purchase within 5 days from then, excluding the day of' the award of such bid. 5.20.120 SEVERABILITY. If any section, subsection,' subdivision, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire chapter or any of the remain- ing portions thereof. The City Council hereby declares that it would have passed this chapter, and each section, subsection, subdivision, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sub- divisions, sentences, clauses, or phrases be declared unconstitu- tional or otherwise invalid. SECTION 4. This Ordinance shall become effective thirty (30) days from and after the date of its passage. o0o -10- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof held on the loth day of September, 1968, by the following vote: AYES: COI.'NCILMEN HEISEY, HOSKING, REES, RUCKER, STIERN, YETTER~ WHITT~MORE NOE~: COUNCILMEN: .~7, ~"~ ABSEHT COUNCILMEN: ABSTAINING COUNCILMEN: ~,"~...................~ __ Council of the City of Bakersfield APPROVED lOt'h this., .. day of September8 MAY(~. o£ =h~~ C~=~"of Ba~rsf~eld APPROVED: · CITY ATTORNEY Af avi! of os ing ( r inan es STATE OF CALIFO~.NIA,~U / ss. .. County of Kern ~ MARIAN S. IR¥IN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ............... ~.~l~.J;..e...m..b_e..r._..1..1.. ........................................ 19...6...8.. she 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 meeting thereof duly held on ......... ..S..e..]~..t..e...m...b..e...r.....1...0. .......................... 19....6...8., which ordinance was numbered ............1...7...5..7. ................... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROVIDING FOR THE PURCHASE OF SUPPLIES~ EQUIPMENT AND INCIDENTAL SERVICES. Subscribed and sworn to before me this ....1...1...t..h..day of ....... .S...e. ~..t...e...m.~~...6..8.. Notary P-bllc in and for the County o~ Kern~ State o~ Cal[f~a ~ ............. WALTER W. SMITH My commission Expires June 8, 1969