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Ord 55ORDINANCE NO. 55 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA PROVIDING FOR THE PURCHASE OF SUPPLIES, SERVICES AND EQUIPMENT AND RESCINDING ORDINANCE NO. 64-79 OF POWAY MUNICIPAL WATER DISTRICT AND RESOLUTION NO. 55 OF POMERADO COUNTY WATER DISTRICT THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1: ADOPTION OF PURCHASING SYSTEM In order to establish efficient procedures for the purchase of supplies, equip- ment, materials and services; to secure the same for the City at the lowest possible cost commensurate with the quality needed; to exercise positive finan- cial control over purchases; a purchasing system is hereby adopted. Section 2: ESTABLISHMENT OF CENTRALIZED PURCHASING DIVISION There is created a centralized purchasing division under the City Manager or his designee in which is vested the authority for the purchase of supplies, equip- ment and services. Section 3: EXCEPTIONS TO CENTRALIZED PURCHASING The Purchasing Manager may, when authorized by the City Manager in writing, authorize a department or division to purchase supplies and equipment when such purchases may be made more advantageously or expeditiously by the respective department or division. Section 4: PURCHASE ORDER - ENCUMBRANCE OF FUNDS Except in cases of emergency, or if excepted by the City Manager, all purchases shall be made by purchase order issued by the Purchasing Division after Finance Department approval. Emergency is defined as situations that vitally affect the preservation of life, health, safety, property or interruptions of service to the public. Further, emergency procedure shall conform to Government Code 37906. Section 5: UNAUTHORIZED PURCHASES No City Department Head, Division Head or other employee shall make or order the purchase of any supplies, equipment, materials or services or make any contract without the prior approval, in writing, of the Purchasing Manager. ORDINANCE NO. 55 Page 2 Section 6: FORMAL BIDDING PROCEDURE - PUBLIC WORKS PROJECTS Contracts for public projects shall be administered in the manner provided by Section 37901 et. seq. of the California Government Code as may be amended from time to time. Section 7: FORMAL BIDDING PROCEDURE Except as otherwise provided in this chapter, any purchase which exceeds ten thousand dollars ($10,000) in value for supplies, services, and equipment or the amount established by Government Code Section 37902 and succeeding amendments for contracts on public works projects, will be by formal bid. Notices inviting sealed bids shall be published at least twice, not less than five (5) days apart, the last time being ten (10) days before the date of the opening of the bids, in a newspaper of general circula- tion in the City of Poway, or it shall be posted in at least three places in the City that have been designated by ordinance as the places for posting public notices. Notices inviting bids shall include a general description of the articles to be purchased, where bid forms and specifications may be obtained, and the time, date and place for the opening of bids. When deemed necessary by the Purchasing Manager, bidders security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a success- ful 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. 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 differ- ential between the lowest bid and the second lowest bid, and the sur- plus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented, due to the failure of the success- ful bidder to execute the contract, and readvertises, 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. ORDINANCE NO. 55 Page 3 De Sealed bids together with bidder's security shall be submitted to the Purchasing Manager; said bid shall be so identified on the envelope. Bids shall be opened in public at the date, time and place stated in the public notices inviting the bids. Any bid received after the scheduled time of the bid opening shall be returned to the bidder unopened. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. At its sole discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed above. In the event no bids are received or all bids are rejected, the City Council may, in acccordance with Government Code 37905, direct the Purchasing Manager to proceed pursuant to paragraphs relating to Open Market Procedure or Competitive Negotiations. If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council may at its discretion accept the bid it chooses with or without further negotia- tion with the tie bidders. Ge The City shall have authority to require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires a perfor- mance bond, the form and the amount of the bond shall be described in the notice inviting bids. Section 8: OPEN MARKET PROCEDURE Purchase of supplies, services and eguipment may be made by the Purchasing Manager in the open market pursuant to the procedure hereinafter prescribed and without observing the Formal Bidding Procedure. This may be, when the estimated value of supplies, services and equipment to be purchased is less than ten thousand dollars ($10,000) or the amount requiring a formal bidding process for a public works project or when in the course of bid procedures provided no bids are received or the City Council has rejected all bids pursuant to Government Code 37905. If the Open Market Procedure applies, the Purchasing Manager shall solicit bids by written request to prospective vendors or by telephone. Open market purchases shall, wherever possible, be based on at least three bids and shall be awarded to the lowest responsible bidder. The lowest responsible bidder will be the individual or firm who submits a responsible bid based on total cost, and which is determined to be the most advantagious to the City. ORDINANCE NO. 55 Page 4 Section 9: COMPETITIVE NEGOTIATIONS The Purchasing Manager may authorize the purchase of highly technical supplies or equipment by competitive negotiations when: A. the supplies or equipment are such that suitable technical or perfor- mance specifications are not readily available; B. the City is not able to develop descriptive specifications; or C. the technical nature of the product purchased is such that through bidding the lowest price could very well provide the poorest quality and still be within specifications; D. the proposals for the purchase would be more advantageous to the City. Section 10: PROFESSIONAL SERVICES Requests for proposals shall be used when the services of attorneys, architects or consultants are needed. Whenever possible at least three (3) proposals shall be received for the professional service needed. ~ne requirement of multiple proposals may be waived if only one (1) firm or individual can provide the professional service. The selection of the professional shall be based upon an analysis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the service required as well as the cost of the service. When the purchases are made by competitive negotiations, the best proposal, as judged against evaluation criteria shall be accepted. ~ne use of competitive negotiation is not intended to be used for the purpose of avoiding the bidding procedures as set forth in this chapter. Section 11: COOPERATIVE PURCHASING Purchase of supplies, services and equipment by contract, arrangement and agreement for the cooperative purchasing programs with the State of California, the County of San Dieg~ and any other public or municipal corporation of the State of California may, be made by the Purchasing Manager when the administering agency has made their ~urchase in a competitive manner. Section 12: AWARD AN~ EXECUTION OF CONTRACTS Except in emergency sltiuatlons, all contracts for supplies, services and equip- ment in an estimated amount of ten thousand dollars ($10,000) or more and public works projects in an es'timated amount of five thousand dollars ($5,000) or more shall be awarded by the City Council. Contracts for supplies, services and equipment in an amount less than those prescribed herein shall be executed by the City Manager or his designee. ORDINANCE NO. 55 Page 5 Section 13: ORDINANCE AND RESOLUTION RESCINDED Ordinance No. 64-79, adopted by the Poway Municipal Water District and Resolution No. 55, adopted by the Pomerado County Water District are hereby rescinded and of no further force and effect. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 23rd day of March, 1982 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 30th day of March , 1982 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Oravec, Rexrode, Shepardson, Tarzy, Emery COUNCILMEMBERS: None COUNCILMEMBERS: None Robert C. Emery, Mayor Marj~orie ~. Wahlsten, City Clerk