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HomeMy WebLinkAboutOrdinance 253 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 253 adopted by the Atascadero City Council at a regular meeting thereof held on August 25, 1992 and that it has been duly published pursuant to State Law. DATED: f 0/519�._ LEE RABOIN City Clerk City of Atascadero, California ORDINANCE NO. 253 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 2, CHAPTER 3 OF THE ATASCADERO MUNICIPAL CODE AS IT RELATES TO THE CITY'S PURCHASING SYSTEM Section 1. Title 2, Chapter 3 of the Atascadero Municipal Code is amended to read as contained in the Attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 2. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code, shall certify the adopting and posting of this Ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinance of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilperson Luna , seconded by Councilperson Kudlac , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES Councilmembers Borgeson, Bewley, Luna, Kudlac and Mayor Nimmo NOES: None ABSENT: None ADOPTED: August 25, 1992 CITY OF ATASCADERO By: P!�= ROBERT P. NIMMO, Mayor ATTEST: LEE OIN, Cit# Clerk. APPROVED AS TO FORM: AR HER7 MONT DON, City Attorney ORDINANCE NO. 253 EXHIBIT "A" Page 1 CHAPTER 3. PURCHASING SYSTEM Sec. 2-3.01. System adopted. A centralized purchasing system is adopted in order to establish efficient procedures for the purchase of supplies and equipment, to secure supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases and to define authority for the purchasing function. Sec. 2-3.02. Designation of purchasing functions. The City Manager, by separate Code provisions, has been assigned overall purchasing responsibilities for all departments and divisions of the City. To discharge these responsibilities, the City Manager may designate such other person or persons as he shall deem necessary to assure compliance with the laws, rules and regulations governing the purchase of supplies and equipment. Sec. 2-.3.03. Purchasing Officer: Duties There is created the position of Purchasing Officer who shall be the Finance Director unless otherwise specified by the City Manager. The Purchasing Officer shall have general supervision and responsibility for the purchasing of supplies and equipment. The duties of Purchasing Officer may be combined with those of any other office or position. The Purchasing Officer shall: (a) Purchase and contract for supplies and equipment required by the City in accordance with purchasing procedures; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; (c) Procure for the City the needed quality in supplies and equipment at least expense to the City; (d) Discourage uniform bidding to obtain as full and open competition as possible on all purchases; (e) Keep informed of current developments in the field of purchasing prices, market conditions and new products; (f) Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and standard purchasing procedures; (g) Insure the inspection of all supplies and equipment purchased to insure conformance with specifications; ORDINANCE NO. 253 EXHIBIT "A" Page 2 (h) Recommend the transfer of surplus or unused supplies and equipment between departments as needed; (i) Maintain a bidders list, vendors' catalog file and records needed for the efficient operation of the purchasing division. Certain portions of these files may be maintained within the departments for ready reference. Sec. 2-3.04. Exemptions for centralized purchasing. The Purchasing Officer, in coordination with each department head, may establish local accounts where charges for minor purchases as needed to meet unforeseen daily operational requirements may be authorized. Such charges shall be made only by a limited number of departmental employees who have been specifically authorized by the department head and the Purchasing Officer to-do--so. Charges for individual items shall not exceed Twenty-five and me/100the ($29.00+ Five hundred and no/100ths (5500.00) per item and must be authorized by a purchase requisition signed by the department head concerned. Department heads shall be responsible for assuring that adequate funds are available in the designated budgetary accounts prior to authorizing any expenditure. The ehaEges-shall be eenselidated item eE items puEehased, The eeneelidated !lots shall be finanee e f f See. 2-3 06. Estimates ef EequiEements. Hash department shall f:le-det-ailed estimates ef its annus masneE and time as he sh " " or-ibe. See 2--2-0-6- Internal requisitions. The-Purehasing OffiseEshall maintain and atEel a s-teems= neEmai epeEating- supplies and equipment--suf f ieleat te-essuEe--clay- to--day-epeEatiens. DepaEtments shall submit-Eeques-ts €er—such supplies and equipment-he-the-Purehas-i-ng--Gfilee __the by -s established by the n Eeha--- g Q f fiee- - Section 2-97 2-3.05 Bidding Purchase of supplies and equipment .shall be by bid procedures as set forth in Sections 2-avig 2-3.08 ander 2- 3.09, except that the Purchasing Officer may dispense with bidding under the following conditions: (a) An emergency requires that an order be placed with the nearest available source of supply; or ORDINANCE NO. 253 EXHIBIT "A" Page 3 (b) When the amount involved is less than Five Hundred and no/100ths ($500.00) Dollars; or (c) The commodity can be obtained from only one vendor; or The commodity can be purchased through another governmental agency's competitive bid and such purchase is in the best interest of the City. Section 2-3- AM2-3.06 Purchase Orders. Purchase of supplies and equipment shall be made by purchase order only. A purchase order will not be issued until the Purchasing Officer first approves it. Section 3-3.89 2-3.07 Encumbrance of funds. Except in case of an emergency or where specific authority is first obtained from the City Manager, the Purchasing Officer shall not issue a purchase order for supplies or equipment unless there exists an unencumbered appropriation in the account against which the purchase is to be charged. Section 2-3.10 2-3.08 Formal contract procedure. The purchase of supplies and equipment for any one projector activity of an estimated individual or aggregate value greater than Five Thousand and ne/!Goths ($51000. Seven Thousand Five Hundred and nof100ths ($7,500.00) shall be by written contract with the lowest responsible bidder in accordance with the following: (a) Notice Inviting bids. The responsible department, in conjunction with the Purchasing Officer, shall prepare a notice inviting bids. The notice shall include a general description of the article to be purchased, shall state where bid blanks and specifications may be secured, the time and place for opening bids and may require security deposits. (1) Published Notice. The notice inviting bids shall be published at least twice, not less than five (5) days apart, in a newspaper of general local circulation at least ten ( 10) days before the date of opening of the bids. (2) Bidders List. The Purchasing Officer shall also solicit sealed bids from responsible prospective suppliers, whose names are on an established bidders list or who have made written request that their names be added to it. (3) Bulletin Board. The Purchasing Officer shall also advertise proposed purchases by notice posted on a public bulletin board in the City offices. ORDINANCE NO. 253 EXHIBIT "A" Page 4 (b) Bidder's Security. When considered necessary the Purchasing Officer shall prescribe bidder' s security and a state- ment of the security shall be included in the notice inviting bids. Each bidder is entitled to a return of the bid security. However, a successful bidder forfeits his bid security if he refuses or fails to execute the contract within ten (10) days after the notice of award of contract is mailed. If the successful bidder fails or refuses to execute the contract, the bid may be awarded to the next lowest responsible bidder, or readvertised. If the contract is awarded to the next lowest bidder, the amount of the lowest bidder's security shall be applied to the contract price difference between the lowest bid and the second lowest bid. If all bids are rejected and the request for bids readvertised, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and surplus, if any, shall be returned to the lowest bidder. (c) Bid Opening Procedures. The P,___h-a_'_n off_e__ City Clerk shall require all bids to be sealed and identified by the bid number as "Bld New on the envelope. The q QoffleeE City Clerk shall open the bids in public at the time and place stated in the public notice. The PuEe= sin Off_ee_ City Clerk shall tabulate the bids received and shall keep the tabulation 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 may reject all bids presented and readvertise for bids. (e) Award of Contracts. Normally, contracts shall be awarded to the lowest responsible bidder, except that the Council may award a contract to a higher bidder if it specifically determines that the best interests of the City are served by so doing. (f) Tie Bids. If two (2) 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 readvertising for bids, the Council may accept the one it chooses. (g) Performance Bonds. The Council may require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City, ORDINANCE NO. 253 EXHIBIT "A" Page 5 Seca 2-3o 2-3.09 Open market procedure. If the estimated value of the purchase of supplies or equipment is less than Five Hundred and no/100ths ($500.00) Dollars, the Purchasing Officer may dispense with formal bidding procedures. but—shall eea-re-rby ee-lephene-e= let}e_, r==== quetatleas fEem two (2) eE mere venders. If the estimated value of the purchase is -($3-,500 - Seven Thousand Five Hundred and noj100ths ( 7,500) Dollars or less, but Five Hundred and no/100ths ($500.00) Dollars or more, the Purchasing Officer shall authorize the purchase in the open market under the following procedure: (a) Minimum Number of Bids. The responsible department, in conjunction with the Purchasing Officer, shall obtain at least three (3) bids and shall make the purchase from the lowest responsible bidder. (b) Notice Inviting Bids. The responsible department, in conjunction with the Purchasing Officer, shall solicit bids by written request to prospective vendors, by telephone, and/or by public notice posted on a public bulletin board in the City offices. (c) Bids. Department heads shall obtain bids either by telephone or by sealed written bids. Telephone bids will be documented by submisslen of a meme to the in a manner as established by the Purchasing Officer. The Purchasing Officer shall keep a record of all open market orders and bids for a period of one (1) year after the submission of bids or the placing of orders. This record is open to public inspection. Sec 2-3.1 2-3.10 Inspection and testing. The department receiving the supplies or equipment shall inspect the delivered items immediately upon receipt to determine conformance with the specifications set forth in the order. The Purchasing Officer shall have authority to require chemical and physical tests or any other tests deemed necessary of samples of deliveries which are necessary to determine their quality and conformance with specifications. Section 2-312 2-3.11 Surplus supplies and equipment. All departments shall submit to the Purchasing Officer at such times and in such forms as he prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer may sale, dispose, exchange or trade in on new supplies and equipment all supplies and equipment which cannot be used by an agency or which have become unsuitable for City use.