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HomeMy WebLinkAbout667 Purchase and Sale of Supplies and Equipment~i I ORDINANCE N0. 667 AN ORDINANCE OF THE CITY OF UKIAH PROVIDING FOR THE PURCHASE AND SALE OF SUPPLIES AND EQUIPMENT AND REPEALING CHAPTER 6 OF DIVISION 1 OF THE UKIAH CITY CODE The City Council of the City of Ukiah does Ordain as follows: Section 1. Chapter 6 of Division 1 of the Ukiah City Code is repealed in its entirety. Section 2. Chapter 6 of Division 1 is added to the Ukiah City Code as follows: Chapter 6 - PURCHASING AUTHORITY Article 1 - GENERAL Section 1500. ADOPTION OF PURCHASING SYSTEM. In order to establish efficient pro- cedures 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 financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted. Section 1501. CENTRALIZED PURCHASING DEPARTMENT. There is hereby created a centralized Purchasing Department in which is vested authority for the purchase of supplies and equipment. Section 1502. PURCHASING OFFICER. The City Manager shall be the City Purchasing Officer unless by action of the City Council a new classified position is created and an appointment is made to such position in compliance with City of Ukiah Ordinance No. 508. The duties of Purchasing Officer may be combined with or assigned to any other office or position, The Purchasing Off icer shall have the authority to: (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 Furchasing Department and such other rules and regulations as shall be prescribed by the City Council. (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment. (c) Act to procure for the City the needed quality in supplies and equipment at least expense to the City. .~ <; (d) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases. (e) Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City. (f) Prepare and recommend to the City Council revisions and amendments to the purchasing rules. (g) 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 operation of this ordinance and other rules and regulations. (i) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications. (j) Recommend the transfer of surplus or unused supplies and equipment between departments as needed. (k) Maintain a Bidders' List, Vendors Catalog file and recorded needed for the efficient operation of the Purchasing Department. Section 1503. EXEMPTIONS FROM CENTRALIZED PURCHASING. The Purchasing Officer, with approval of the City Council, may authorize, in writing, any department 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 departments on the purchases made under such written authorization. Section 1504. ESTIMATES OF REQUIREMENTS. All departments shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the Purchasing Officer shall prescribe. Section 1505. REQUISITIONS. Departments shall submit requests for supplies and equipment to the Purchasing Officer by standard requisition forms, or by other means as may be established by the Purchasing Rules and Regulations. Section 1506. 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 unless the prior approval of the Purchasing Officer or his designated representative has been obtained. Section 1507. ENCUMBRANCE OF FUNDS. Except in cases of emergency or in cases where specific authority has been first obtained from the City Manager, the Purchasing Officer shall not issue any purchase order for supplies of equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. f ~~~) Section 1508. UNAUTHORIZED PURCHASES. Except as herein provided, it shall be unlawful for any City officer or officers to order the purchase of any supplies or make any contract within the purview of this Ordinance other than through the Purchasing Department, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by the City Council, and the City shall not be bound thereby. Section 1509. PROHIBITION OF INTEREST. No purchase order or contract within the purview of this chapter in which the Council, Purchasing Officer or any other officer or employee of the City, in which to their knowledge they are financially interested, directly or indirectly, shall be issued, except the Council shall have the authority to waive compliance with this Section when it finds such action to be in the best interests of the City. Section 1510. GIFTS AND REBATES. The Agent and every officer and employee of the City are expressly probitited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City. ARTICLE 2 - BIDDING PROCEDRUES Section 1520. COMPETITIVE BIDDING REQUIRED. All purchases of, and contracts for supplies, and all sales of personal property which has become obsolete and unusable shall, except as specifically provided herein, be based wherever possible on competitive bids. Section 1521. FORMAL CONTRACT PROCEDURE. Except as otherwise provided herein, purchases of supplies and equipment of an estimated value greater than $3500.00 shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed. (a) Notice Inviting Bids. Notices inviting bids shall 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. (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 pub- lished 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 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. (b) Bidder's Security. When 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 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 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 refusal or failure of the successful bidder to execute the contract, award it to the next lowest 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, due to a refusal of the lowest bidder to enter into a contract, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids with the surplus, if any, being returned to the lowest bidder. (c) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk 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. 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) Rejection of Bids. In its discretion, the City Council may reject any or all bids presented and re-advertise for bids pursuant to the procedure hereinabove prescribed. (e) Lowest Responsible Bidder. Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price, the City Council shall consider: (1) The ability, capacity and skill of the bidder to perform the contract or provide the service required; i.j (2) Whether the bidder can perform the contract, or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (4) The quality of performance of previous contracts of services; (5) The previous and existing compliance by the bidder with laws and ordinance relating to the contract of service; (6) The sufficiency of the financial resources and ability of bidder to perform the contract or provide the service; (7) The quality, availability and adaptability of the supplies, or contractural services to the particular use required; (8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (9) The number and scope of conditions attached to the bid. (f) AWARD TO OTHER THAI3 LOW BIDDER. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the agent and filed with the other papers relating to the transaction. (g) TIE BIDS. If two or more bids received 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 or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening. (h) 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 shll be described in the notice inviting bids. (i) BIDDERS IN DEFAULT TO CITY. The Agent shall not accept the bid of a contractor or supplier who is in default on the payment of taxes, licenses or other monies due the City. Section 1522. OPEN MARKET PROCEDURE. Purchases of supplies and equipment of an estimated value in the amount of $3500.00 or less may be made by the Purchasing Officer in the open market pursuant to the procedure hereinafter prescribed and ~ ,. ~ , :) ~, without observing the procedure prescribed in Section 1521 hereof; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than $500.00, or when the commodity can be obtained from only one vendor, (a) Minimum Number of Bids. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the low- est responsible bidder. (b) Notice Inviting Bids. The Purchasing Officer shall solicit bids by written requests to prospective vendors and by telephone, (c) Written Bids. Sealed written bids shall be submitted to the Purchasing Officer who 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, ARTICLE 3 - SPECIAL PROCEDURES Section 1530. EMERGENCY PURCHASES. (a) By Agent. In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the City Manager shall be empowered to authorize the Purchasing Officer to secure by open market pro- cedure as herein set forth, at the lowest obtainable price, any supplies or con- tractual services regardless of the amount of the expenditure. (1) Recorded Explanation. A full report of the circumstances of an emergency purchase shall be filed by the Purchasing Official with the City Council and shall be entered in the minutes of the Council and shall be open to public inspection. \ ARTICLE 3 -,SPECIAL PROCEDURES Section 1530. EMERGENCY PURCHASES. (A) By Agent. In case of an apparent emergency which requires immediate purchase of supplies or contractual servic`~es, the City Manager shall be empowered to authorize the Purchasing OfficeX to secure by open market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure. (1) R@corded Explanation. `,A full report of the circumstances of an emergency purchase shall be f'jled by the PUrchasing Official with the City Council and shall be entered in the minutes of the Council and shall be open to public inspection. .~ f .`~,~ (b) By Head of Departments. In case of actual emergency and with the consent of the Purchasing Officer, and the approval of the City Manager, the department head may purchase directly any supplies whose immediate procurement is essential to prevent delays in the work of such department which may vitally affect the life, health or convenience of citizens. (1) Recorded Explanation. The head of such department shall send to the Purchasing Officer a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the Council as provided in sub-section (1) above. (2) Emergency Procedure. The Purchasing Officer shall prescribe by rules and regulations the procedure under which emergency purchases by heads of departments may be made. Section 1531. COOPERATIVE PURCHASING. The Purchasing Officer shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City could be served thereby. Section 1532. INSPECTION AND TESTING. The Purchasing Officer shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The Purchasing Officer shall have authority to require chemical and physical tests of samples sul~itted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. Section 1533. SURPLUS SUPPLIES AND EQUIPMENT. All departments shall submit to the Purchasing Officer, at such times and in such forms as he shall,prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any agency or which have become unsuitable for City use, The Purchasing Officer shall have the authority to dispose of surplus property by solicitation of bids or by public auction. Section 1534 SEVERABILITY. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is 6or any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire ordinance or any of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 1:~~~ Section 3. This ordinance shall be published as required by law in the Ukiah Daily Journal, a newspaper of general circulation published in the City of Ukiah. Section 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED this 19th day of March 1975, by the following roll call vote: AYES: Councilwoman Pearson, Councilmen Wood, Simpson, and Mayor Weinkauf NOES: None ABSENT: Councilman Norgard s/Gary M, Weinkauf Mayor ATTEST: s/Hattie M. Tillotson City Clerk Q~Y~RI sistoca ~resente For rec Ukida purs-lent to ernme~ ~e• ESS~ FREE \, that t1i` documei~ is lion by '6fie City QF Ikon 6103 0 ~khe Gov- z, \~_ n~wM~.nw~~~~~~~~ of the City of Ukeh N~li ~cnt~r d/ a l/i~ C~11~0 Gw1Mw ~. ~. A T,.. 4a •r Gw