Hermosa Beach Municipal Code Ch. 3.12 Purchasing

Contents:

3.12.010 System adopted–Purposes.

3.12.020 Local preference where practicable.

3.12.030 Purchasing department established–Authority.

3.12.035 Authorization to enter into contracts.

3.12.040 Purchasing officer generally.

3.12.050 Purchase orders–Required.

3.12.060 Purchase orders–Exception for emergency purchases.

3.12.070 Bidding required–When bidding may be dispensed with.

3.12.080 Open market procedure for purchases of less than fifteen thousand dollars ($15,000.00) in value.

3.12.090 Formal contract procedure for purchases exceeding fifteen thousand dollars ($15,000.00) in value.

3.12.100 Inspection and testing.

3.12.110 Sale of surplus supplies and equipment.

3.12.120 Acceptance of rebates and gratuities.

3.12.130 Interest in contracts.

3.12.140 Exempt purchases.

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 define clearly authority for the purchasing function, to assure the quality of purchases, and to establish a procedure whereby the various departments of the city may efficiently and effectively have attended their service and supply needs, a purchasing system is adopted. (Prior code § 2-49)

It is the policy of the city to purchase supplies and equipment within the city whenever practicable. (Prior code § 2-50)

There is created a centralized purchasing department in which is vested authority for the purchase of supplies, service and equipment. (Prior code § 2-51)

The city manager is authorized to enter into the following types of contracts:

1. Contracts required of an applicant as a condition of approval of a permit, license, or other grant of approval not involving expenditure of city funds;
2. Contracts involving the allocation of county, state or federal funds pursuant to a program previously approved by the city council where the form of contract is standard and used in substantially the same form by all applicants and has been approved by the city attorney;
3. Contracts for services for a sum not to exceed thirty thousand dollars ($30,000.00) for which funds have been budgeted in the current year budget and where the form of the contract has been approved by the city attorney;
4. Contracts or amendments to contracts which the city council has expressly authorized the city manager to execute; and
5. Amendments to contracts previously approved by the city council not involving expenditure of city funds, or modifying the duration and/or amount of the contract in strict accordance with a specific line item in the approved city budget. (Ord. 15-1353 §3, 2015)

There is created the position of purchasing officer. He shall be appointed by the city manager. The purchasing officer shall be the head and have general supervision of the purchasing department. The duties of purchasing officer may be combined with those of any other office or position. The purchasing officer shall have authority to:

1. Purchase or contract for supplies, services and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing department, and such other rules and regulations as shall be prescribed by the city manager;
2. Negotiate and recommend execution of contracts for the purchase of supplies, service and equipment;
3. Encourage the use of standard specifications and standard merchandise in order to provide the widest possible source of supply;
4. Act to procure for the city the needed quality in supplies, service and equipment at least expense to the city;
5. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;
6. Prepare and recommend to the city manager rules governing the purchases of supplies, services and equipment for the city;
7. Prepare and recommend to the city manager revisions and amendments to the purchasing rules;
8. Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
9. Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations;
10. Supervise the inspection of all supplies, services and equipment purchased to insure conformance with specifications;
11. 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 department or which have become unsuitable for city uses;
12. Maintain a bidders’ list, vendors’ catalog file and records needed for the efficient operation of the purchasing department;
13. Operate all storerooms for the storage of common use items, being responsible for the safekeeping and proper storage and handling of all supplies and equipment therein. (Prior code § 2-52)

Purchases of supplies and equipment shall be made only by authorized purchase order except as provided for emergency purchases by the following section. (Prior code § 2-53)

The purchasing officer shall establish a procedure whereby emergency purchases may be made free of the provisions of this chapter upon a showing by any agency or officer that the purchase required is for the immediate preservation of health, safety and welfare of the people or for the protection of property and that there is a present, immediate and existing emergency which could not reasonably be foreseen, or that the city stands to suffer substantial monetary loss. (Prior code § 2-54)

Purchasing of supplies, services, equipment shall be by bid procedures pursuant to Sections 3.12.080 and 3.12.090. These procedures shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply or when the commodity can be obtained only from one vendor. (Prior code § 2-55)

Purchases of supplies and equipment of an estimated value in the amount of fifteen thousand dollars ($15,000.00) or less may be made by the purchasing officer in the open market at the best prices obtainable and to the best advantage of the city without observing the procedure prescribed by Section 3.12.090; provided, however, that when practicable, bids or quotations shall be taken as follows:

1. Minimum Number of Bids. For purchases over one thousand dollars ($1,000.00), at least three (3) bids or quotations solicited by written requests to prospective responsible vendors, by telephone, or public notice posted on a public bulletin board in the City Hall.
2. Record. A record of all informal bids and quotations shall be kept and be open to public inspection for a reasonable period of time. (Ord. 15-1353 §1, 2015: Ord. 93-1097 §1, 1993; prior code § 2-56)

Except as otherwise provided herein, purchases for supplies and equipment of estimated value greater than fifteen thousand dollars ($15,000.00) shall be by written contract with the lowest and best responsible bidder. The following procedure is deemed to be in the best interest to the city:

1. Notice Inviting Bids. Notice 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 the opening of bids.

2. Published Notice. Notice inviting bids shall be given at least ten (10) days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city, or it shall be posted in at least three (3) public places in the city that have been designated by ordinance as the places for posting public notices.

3. Bidders’ List. The purchasing officer shall solicit sealed bids from all responsible prospective suppliers whose names are on the bidders’ list or who have requested that their names be added thereto.

4. 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 that a successful bidder shall forfeit his bid security upon refusal or failure 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 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.

5. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing agent 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 to public inspection during regular business hours for a reasonable period of time. No bidder may withdraw his bid for a period of at least thirty (30) days after the date set for the opening thereof.

6. Rejection of Bids. In its discretion, the city council may reject any and all bids presented and re-advertise for bids or to exclude any item or items from the award of bid or waive any informalities on a bid.

7. Award of Contracts.

8. Supplies and Equipment. A contract for the purchase of supplies and equipment shall be awarded to the lowest responsible bidder.

9. Services. A contract for services, other than professional services, shall be awarded to the bidder which the city council in its discretion determines offers the best level of services to the city. In making that determination, the council may consider the bidder’s price, experience, references, location, previous performance experience with the city, if any, and overall reputation.

10. 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 city council may accept the one it chooses or accept the lowest bid made by negotiations with the tie bidders at the time of the bid opening.

11. 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 interest of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 15-1353 §2, 2015: Ord. 00-1197 §2, 2000; prior code § 2-57)

The purchasing officer shall inspect supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Prior code § 2-58)

All departments shall submit to the purchasing officer, at such times and in such form as he prescribes, a report 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 sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange same for, or trade same on, new supplies and equipment. (Prior code § 2-59)

The purchasing officer and every officer and employee of the city is expressly prohibited from accepting, directly or indirectly, from any person to which any purchase order or contract is or might be awarded, any rebate, gift or money. The offer of any such gratuity to an official or employee by any vendor or contractor, or prospective vendor or contractor, shall be cause for declaring such individual or firm to be an irresponsible bidder and for preventing him from bidding as provided in Sections 3.12.080 and 3.12.090. (Prior code § 2-60)

Pursuant to Sections 1090, 1091 and 1091.5 of the State Government Code, no officer shall have an interest in any contract made in their official capacity, nor be purchasers at any sale or vendors at any purchase made by them in their official capacity. (Ord. 96-1155 § 5, 1996: prior code § 2-61)

The provisions of this chapter shall not apply to the purchase by the city of:

1. Public utilities services;

2. Professional services;

3. Contracts with public or quasi-public agency;

4. Computers and peripheral equipment;

5. Purchases made through a cooperative purchasing program utilizing purchasing agreements maintained by the state, county, or other public agencies;

6. Purchases made in reliance on a bid solicitation by another public agency where the city council finds that the procurement process utilized by the public agency:

7. Is substantially similar to the provisions of this chapter;

8. Occurred within a reasonably proximate time; and

9. Achieved the objectives of this chapter. (Ord. 00-1202 §1, 2000; prior code § 2-62)

10. Maintenance work as defined in section 22002 of the Public Contract Code that does not exceed the monetary threshold applicable to force accounts, negotiated contracts, or purchase orders for public projects set forth in subd. (a) of section 22032 of the Public Contract Code (as of January 1, 2019, $60,000), as such threshold may be amended from time to time. The City Manager is authorized to award contracts exempted hereunder provided there exists an unencumbered appropriation in the fund account against which the expense is to be charged.

11. Maintenance work as defined in section 22002 of the Public Contract Code that exceeds the monetary threshold applicable to force accounts, negotiated contracts, or purchase orders for public projects set forth in subd. (a) of section 22032 of the Public Contract Code (as of January 1, 2019, $60,000), as such threshold may be amended from time to time, but does not exceed the monetary threshold applicable to formal bidding procedures for public projects set forth in subd. (c) of section 22032 of the Public Contract Code (as of January 1, 2019, $200,000), as such threshold may be amended from time to time, so long as such maintenance work is procured under a competitive solicitation process with an award made to the proposer providing the best value to the City, taking into consideration the proposer's demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. The City Manager is authorized to award contracts exempted hereunder provided there exists an unencumbered appropriation in the fund account against which the expense is to be charged.

(Ord. # 23-1467 §3, adopted 09/26/2023, effective 10/26/2023)

Effective on: 10/26/2023