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HomeMy WebLinkAboutOrd 467-1961 ORDINANCE NO. 467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR THE PURCHASE AND SALE OF SUPPLr--ES, SERVICES AND EQUIPMENT The City Council of the City of South San Fran- cisco does ordain as follows: Section 1. ADOPTION OF PURCHASING SYSTEM In order to establish efficient procedures for the purchase of supplies, services and equipment, to secure for the City supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasin~ function and to assure the quality of purchases, a purchasin~ system is hereby adopted. Section 2o CENTRALIZED PURCHASING DEPARTMENT There is hereby created a centralized Purchasin~ Department in which is vested authority for the purchase of supplies, services and equipment. Section 3. PURCHASING OFFICER The City Manager is hereby designated as Purchasin~ Officer for the City. He may delegate the duties of Pur- chasin~ Officer to any other City officer or employee. The Purchasin6 Officer shall have authority to: (a) Purchase or contract for supplies, services and equipment required by any using agency in accordance with purchasing procedures prescribed by this ordluance, such administrative regulations as the Purchasing Officer shall adopt for the internal management and operation of the purchasing system 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, services and equipment. (c) Act to procure for the City the needed qual- ity in supplies, services 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 pur- chases. (e) Prepare and recommend to the City Council rules governin~ the purchase of supplies, services and equipment for the City. (f) Prepare and recommend to the City Council re- visions and amendments to the purchasing rules. (~) Keep informed of current developments in the field of purchasing, prices, market conditions and new products. (h) Prescribe and maintain such forms as reason- ably necessary for the operation of this ordinance and other rules and regulations. (i) Supervise the inspection of all supplies, services and equipment purchased to insure conformance with specifications. (j) Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for City use. (k) Maintain a Bidders~ List, Vendors Catalo~ file and records needed for the efficient operation of the purchasin~ system. Section 4. KXEMPTIONS FROM CENTRALIZED PURCHASING The Purchasing Officer, with approval of the City Council, may authorize in writing any agency to purchase or contract for specified supplies, services and equipment in- dependently of the Purchasing Department; however, he shall require that such purchases or contracts be made in conform- ity with the procedures established by this ordinance, and shall further require periodic reports from the agency on the purchases and contracts made under such written author- ization. Section 5. ESTIMATES OF REQUIREMENTS Ail using a~encies shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time, and for such future periods as the Purchasin~ Officer shall prescribe. Be Section 6. REQUISITIONS Usin~ agencies shall submit requests for supplies, services and equipment to the Purchasing Officer on such standard forms as may be prescribed. Section 7. BIDDING Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pur- suant to Sections l0 and ll. Bidding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, when the amount involved is less than $300.00, or when the commodity can be obtained from only one vendor. Section 8. PURCHASE ORDERS Purchases of supplies, services and equipment in the amount specified in the Administrative Rules and Regu- lations shall be made only by purchase order. Section 9. ENCUMBRANCE OF FUNDS Except in cases of emergency, the Purchasing Offi- cer shall not issue any purchase order for supplies, ser- vices or equipment unless there exists an unencumbered ap- propriation against which said purchase is to be charged. Section 10. FORMAL CONTRACT PROCEDURE Except as otherwise provided herein, purchases and contracts for supplies, services, equipment and the sale of personal property of estimated value greater than $2,500.00 shall be by written contract with the lowest or highest 4. responsible bidder~ as the case may be, pursuant to the procedure prescribed herein: (a) Notice Inviting Bids: Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where bid blanks and speci- fications may be secured, and the time and place for open- in~ bids. (1) Published Notice: Notice inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of gen- eral 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 postin~ public notices. (2) Bidder's List: The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on th~ Bidder's List or who have requested their names to be added thereto. (b) Bidder's Security: When deemed necessary by the Purchasin~ Officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be en- titled to return of bid security provided that a successful bidder shall forfeit his bid security upon refusal or fail- ure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is responsible for the delay. 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 difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. (c) Bid Opening Procedure: Sealed bids shall be submitted to the Purchasiu~ Officer and shall be identified as bids ou the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabu- latiou of all bids received shall be open for public inspec- tion duriu~ regular business hours for a period of not less than thirty (30) calsndar days after the bid opening. (d) Rejection of Bids: In its discretion, the City Council may reject any and all bids presented and re- advertise for bids. (e) Award of Contracts: Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. (f) Tie Bids: If two or more bids received are for the same amount or unit price, quality and service be- ing equal and if the public interest will not permit the delay of re-advertisiuE for bids, the Cit$7 Council may ac- cept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. (~) Performance Bonds: The City Council shall have authority to require a performance bond before enterin~ a contract in such amount as it shall find reasonably neces- sary to protect the best interests of the City. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice invitin~ bids. Section 11. OPEN MARKET PROCEDURE Purchases of supplies, equipment, contractual ser- vices, and sales of personal property of an estimated value in the amount of $2,500.00 or less may be made by the Pur- chasin~ Officer in the open market without observin~ the procedure prescribed by SectiOn 10. (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 Invitin~ Bids: The Purchasin~ Officer shall solicit bids by written requests to prospective ven- dors, by telephone, and by public notice posted on a public bulletin board in the City Hall. (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 placin~ of orders. This record, while so kept, shall be open to public inspection. Section 12. INSPECTION AND TESTING The responsibility for the inspection, testing and acceptance of all supplies, equipment and contractual ser- vices performed shall rest with the department head concerned. Section 13. SURPLUS SUPPLY_ES AND EQUIPMENT Ail usin~ agencies shall submit to the Purchasing Officer, at such time and in such form as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasin~ 0f£icer shall have authority to sell all supplies and equipment which cannot be used by any a~ency or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies and equipment. Such sales shall be made pursuant to Section 10 or 1!, whichever is applicable. Section 14. SEVERABILITY If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsec- tion, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, o subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Section 15. EFFECTI~rE DATE The City Clerk of the City of South San Francisco is hereby directed to cause this ordinance to be published once, as required by law, and it shall take effect thirty (30) days following its adoption. Introduced this 19th day of June , 1961. Passed and adopted as an ordinance of the City of South San Francisco at a regular meetin~ of the City Council of the City of South San Francisco this 3rd day of July , 1961, by the following vote: AYES, COUNCILMEN Patrick E. Ahern, Andrew Rocca, and Leo J. Ryan. NOES, " None. ABSENT, " G.J. Rozzi and Emilio Cortesi. City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 3rd day of 9. Vice Mayor