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Bakersfield is hereby repealed.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