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ORD 261 ORDINANCE NO. 261 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 2.44 OF TITLE 2 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO MODIFY THE CITY PURCHASING SYSTEM THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2.44 of Title 2 of the Rancho Palos Verdes Municipal Code is repealed and reenacted to read as follows: Chapter 2.44 Purchasing System Sections: 2.44.010 Policy. 2.44.020 Authority and responsibility. 2.44.030 Formal contract procedure. 2.44. 040 Open market procedure. 2.44. 050 Use of vendors selected by another agency. 2. 44. 060 Exceptions to bid procedures. 2.44.070 Purchase orders. 2 .44.080 Confirming purchase orders. 2.44.090 Conference expense. 2 .44.100 Payment of invoices. 2.44.110 Petty cash. 2 .44.120 Sale of obsolete personal property. 2 .44.130 Construction contracts. 2. 44.140 Exceptions. 2 .44.150 Inspection and testing. 2. 44.010 Policy. It shall be the policy of the City to secure services, supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases and to assure the quality of purchases. 2.44.020 Authority and responsibility. The authority and responsibility for the purchase of services, supplies, and equipment for the City shall be vested in the City Manager or his or her designee. The City Manager or his or her designee shall purchase services, supplies and equipment in accordance with the procedures prescribed in this chapter. 2.44.030 Formal contract procedure. A. Purchases of supplies and equipment of an estimated value of ten thousand dollars ($10,000) or more shall be by written contract or 900801 rp 0860230 (1 ) purchase order with the lowest responsible and responsive bidder after notice. Purchases of services of an estimated value of ten thousand dollars ($10,000.00) or more other than public projects defined in Section 22002 of the California Public Contracts Code shall be by written contract with the bidder after notice who offers, at the sole discretion of the City Council , the best combination of price and quality. B. Such notice shall be published in a newspaper of general circulation printed and published in the City, or if there is none then in a newspaper serving the area. The City Manager shall also mail a copy of such notice to anyone who has requested to be so notified. C. All notices pursuant hereto shall be published, not less than ten days prior to the date specified for the opening of the bids. D. When deemed necessary by City Manager, bidder' s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of bid security provided that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed. The time to sign the agreement before forfeiting the bidder' s security shall be extended for delay caused by the City. E. The City Council shall award all bids under this section. On refusal or failure of the successful bidder to execute the contract, the council may award to another bidder based upon the appropriate criteria provided in Subsection A. If for that reason the Council awards the contract to another bidder, the amount of the first awardee' s security shall be applied by the City to the difference in the amount of the bid between the first awardee and the second awardee, and the surplus, if any, shall be returned to the first awardee. F. Bids shall be submitted to the City Manager and shall be so identified on the envelope. Bids shall be opened at the time and place specified in the notice inviting sealed bids. Copies of all bids received by the City Manager shall be retained by the City Clerk for public inspection during regular business hours for not less than two years following the bid opening. Bidder proprietary information shall not be available for public inspection. G. The Council may reject any and all bids, waive any irregularity in any bid, or readvertise for bids. H. If two or more bids received for supplies and equipment are for the same total amount or unit price, the Council may accept the bid it considers best meets the needs of the City. -2- ORD. NO. 261 900801 rp 0860230 (1) 2.44.040 Open market procedure. Purchases of services, supplies, and equipment of an estimated value in an amount less than ten thousand dollars ($10, 000) may be made by the City Manager in the open market without observing the procedure prescribed by Section 2.44.030, provided however: A. Purchases in excess of five hundred dollars ( $500 ) shall be based on at least three bids, and shall be awarded based on the applicable criteria contained in subsection A of Section 2.44. 030. B. The City Manager or his or her designee may solicit bids by direct mail request or by telephone. Copies of all written proposals received shall be retained for public inspection during regular business hours for not less than one year after receipt. Vendor proprietary data shall not be open for public inspection. 2.44.050 Use of vendors selected by another agency. The City Manager may purchase services, supplies and equipment for which the City would normally follow its own bid procedures from a vendor awarded a bid by another public agency if said agency utilized procedures substantially the same as those normally utilized by the City. The amount of said purchase shall be based on the price bid in the other jurisdiction. 2.44.060 Exceptions to bid procedures. The procurement of specific professional services such as contracts with attorneys, architects, engineers, auditors, financial advisors, or when the service contracted for deal with election service, public relations and related activities; negotiations for or acquisition of land; insurance; bonds, negotiations for or acquisition of land; insurance; bonds; or other services of a similar nature to those listed may be made by the City Council without following bid procedures. 2.44.070 Purchase orders. A. All purchases of materials, supplies and services shall be by serially numbered purchase orders authorized by the signature of the ordering department head and the City Manager or his or her designee. These exceptions are allowed: 1. All purchases of less than fifty dollars ($50) that are processed by the presentation of an invoice acceptable to and paid from the petty cash fund, and for which reimbursement is authorized and available from petty cash. 2. Utility bills, rents and lease purchases. 3. Purchases made by credit cards authorized by the City Council and issued to those employees approved by the City Manager, provided however no single use shall be in excess of -3- ORD. NO. 261 900801 rp 0860230 (1 ) five hundred dollars ($500) . The customer' s copy of the invoice shall be delivered to the director of finance for approval for payment. 4. Purchases of services over ten thousand dollars ($10,000 .00) shall be by written contract. B. Multiple individual purchases not to exceed two hundred dollars ($200) each may be made on a single open purchase order. The City Manager may authorize open purchase orders for those vendors who are a convenient source of supply by reason of economy, proximity or delivery services. Multiple purchases may be made by requisition on these purchase orders by any city department subject to the dollar restriction placed on single purchases and the maximum multiple limitation of one thousand dollars ($1000) . A requisition form shall be made available by the director of finance as the document required by the individual authorized to make a purchase on an open monthly purchase order, or from central stores when and if established by the city. The requisition shall be dated and signed by the department head or an authorized representative. 2 .44.080 Confirming purchase orders. Emergency purchases required due to natural disasters or other unforeseen circumstances may be made by a confirming purchase order if so noted on the purchase order form. Prior approval must be given by the City Manager, if available, or by the Deputy City Manager if the City Manager is absent. 2.44.090 Conference expense. Expenses incurred during for attendance at conferences, or other activities in the interests of the city, that require an overnight stay may be paid by: 1. Obtaining a credit card from the finance department with all invoices returned to finance officer. 2. Obtaining a warrant from the finance officer in the amount of the advanced estimation of expense approved by the director of finance. Reconciliation shall be made within thirty (30) days of returning to the City. 3. By submission for reimbursement of appropriate expense invoices within thirty ( 30) days after returning to the City. 2.44.100 Payment of invoices. A. All invoices requiring a purchase order shall be submitted directly to the director of finance by the supplier of the equipment, supplies or services. B. Payment disputes will be resolved by the director of finance. -4- ORD. NO. 261 900801 rp 0860230 (1 ) 2.44.110 Petty cash. There is hereby established a petty cash fund in the amount of one thousand dollars ( $1,000 ) admini stered under the supervision of the City Manager, from which cash disbursements may be made in an amount not to exceed fifty dollars ($50) . Disbursements must be accompanied by an invoice in the amount of the request, signed by the originator and approved by department de artment head. An invoice is not required for auto mileage reimbursement, metered parking and any other requirement for which an invoice cannot be expected. 2.44.120 Sale of obsolete personal property. The City Manager shall sell worn-out, scrap, or obsolete personal property, or exchange the same for, or trade in the same on new supplies q and equipment, including property of all departments, by g solicitin bids. No bids will be accepted from City employees or contractors. If the value of the property to be sold is of a value of five hundred dollars ($500) or less, the sale shall be approved by the City Manager. In the event the value of the app Y than five hundred dollars ($500.00 ) , property to be sold is more t the sale shall be subject to the approval of the City Council . 2.44.130 Construction contracts. The City may use the in formal biddin g procedures for construction projects as authorized in Public Contract Code Sections 22000, et seq. and in compli ance with the State of California Cost Accounting Policies and procedure Manual of the California Uniform Public Construction Cost Accounting Commission. Exceptions. Sections 2.44.030 and 2.44.040 shall 2.44.140 Excep not apply 1 to the purchase of services, supplies and equipment under the following circumstances: The City Manager finds that such services, supplies or . A. • Y � durability, equipment are unique because of the quality, y, . q ilit or fitness for a particular use and are available availability, from only one source; B. The City Manager finds that exigent circumstances require the immediate purchase of such services, supplies or equipment; services, supplies or equipment are provided by an C. PP T That s independent contractor pursuant to an agreemen t with the City for the furnishing of labor and materials for other than the I/ '� construction of a public works project; and City D. The Cit Council finds that due to the nature of the services, supplies equipment, bidding is not likely to result pp or q in the lowest price. _5- ORD. NO. 261 900801 rp 0860230 (1 ) 2.44.150 Inspection and testing. The City Manager shall require that all services, supplies and equipment are inspected and in conformity with the specifications set forth in the order or contract. The City Manager shall have authority to require chemical and physical tests of samples submitted with the bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. PASSED, APPROVED and ADOPTED this 2 st day of I/ AUGUST, 1990. /7 .4, 1/ A , / Al .,7 ' 9 ,,,, i / . ...._ .w.._ , A( MAY9r ATTEST: , OA if OF / Mr / CI CLERK-- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) I , JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance No. 260, passed first reading on August 7, 1990, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 21, 1990, and that the same was passed and adopted by the following roll call vote: AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH AND MAYOR HUGHES NOES: NONE ABSENT: NONE ABSTAIN: NONE IN ...tlit'W(212—__ Ar CITY CLERK RES-ORD\PUR -6-- • D. NO. 261 II 900801 rp 0860230 (1) ORD. NO. 261 - RANCHO PALOSVEROES STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, des poses and says : That . at all times herein mentioned, she was and now is the duly qualified City Clerk of the City of Rancho Palos Verdes , California: That on the 23rd day of August 1990 she caused y _ g _. , to be posed in three conspicuous places , as by required b law the following : a AMENDING CHAPTER 2. 44 OF TITLE 2 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO MODIFY THE CITY PURCHASING SYSTEM. a copy of which is attached -hereto, in the following public places in the City: CITY HALL RANCHO PALOS VERDES 30940 HAWTHORNE BOULEVARD, CALIFORNIA 90274 . LOS ANGELES COUNTY FIRE STATION MIRALESTE STATION 4000 MIRALESTE PLAZA RANCHO PALOS VERDES , CALIFORNIA 90274 U. S . POST OFFICE 28649 SOUTH WESTERN AVENUE RANCHO PALOS VERDES , CALIFORNIA 90732 • I certify under penalty of perjury that the foregoing is a true and Y g g correct affidavit of posting . /I' _ JO • RCELL; CMC CI I CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES. CA 90274-5391 / (213) 377-0360