HomeMy WebLinkAboutORD 1994-050 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 200
ORDINANCE NO. 9~ SO
AN ORDINANCE INITIATING A CHARTER AMENDMENT TO SECTION 10-14 OF
THE HAWAII COUNTY CHARTER RELATING TO CENTRALIZED PURCHASING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Intent and purpose.
The intent of this ordinance is to amend the provisions of
the Hawaii County charter, relating to centralized purchasing to
provide for conformance with the State legislature's intent to
have a single source public procurement policy applicable
equally and uniformly to the State and its counties. During the
Special Session of the 1993 State Legislature, Act 8 relating to
procurement practices of all entities created by the State's and
counties' constitution, charters, statues, ordinances,
administrative rules, or executive orders was enacted.
Act 8 delineated the following policies;
(a) to ensure the fair and equitable treatment of all
persons who deal with the procurement system of
the State and counties,
(b) to foster broad-based competition, and
(c) to ensure fiscal integrity, responsibility, and
efficiency in the procurement process.
SECTION 2. Section 10-14 of the Hawaii County Charter
relating to Centralized Purchasing is amended to read as follows:
"Section 10-14. Centralized Purchasing.
(a) The department of finance shall be responsible for the
procurement of all materials, supplies, equipment and
services required by any agency of the county, except
as otherwise provided by this charter or any law.
(b) There shall be a standardization committee composed of
five members. The mayor shall appoint four members
without necessity of council confirmation, each of whom
shall be from a separate department. The fifth member
shall be a representative of the department of finance
who shall serve as chairperson of the committee. The
committee shall classify all materials, supplies and
equipment commonly used by the various agencies of the
county and shall prepare and adopt standards and
specifications for such material, supplies and
equipment.
(c) All purchases and contracts for materials, supplies,
equipment and services shall be made (by advertising,
except that such purchases and contracts may be
negotiated without advertising if:
(1) The public exigency will not admit of the delay
incident to advertising.
(2) The aggregate amount involved does not exceed
$8,000.00, however, any purchases or contracts
involving sums between $1,000.00 and $8,000.00
shall be based on competitive bids which shall be
in writing.
(3) It is impracticable to secure competitive bidding
for materials, supplies and equipment, including
animals, plants, food and fodder for animals of
the zoo, non-processed agricultural products,
patented or proprietary articles and books and
publications.
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(4) It is determined that the procurement of equipment
determined to be technical equipment is necessary
to assure standardization of the equipment and
interchangeability of parts and that such
standardization and interchangeability are
necessary in the interest of economy.
(5) Any other procedure or matter will promote the
effective, efficient and timely procurement of
goods and services.]
in accordance with Hawaii Revised Statutes and
rules and regulations established by the state
arocurement nolicv office thereto. Anv such rule
or regulation may be modified by the Director of
Finance, in accordance with Chanter 91, HRS,
provided that such modifications shall be
consistent with the requirements of state law.
[(d) The advertisement for bids shall be made within a
sufficient time before the purchase or contract, and
specifications and invitations for bids shall permit
such full and free competition as is consistent with
the procurement of the types of materials, supplies,
equipment and services necessary to meet the
requirements of the agency concerned.
All bids shall be publicly opened at the time and place
stated in the advertisement. Award shall be made with
reasonable promptness by written notice to the
responsible bidder, whose bid, conforming to the
invitation for bids, will be most advantageous to the
county, price and other factors considered.
(e) Purchase orders shall be issued upon the endorsement of
the purchasing agent, and such endorsement shall be
made in accordance with rules and regulations
promulgated by the director of finance.]
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([f]~) The director of finance shall, from time to time,
secure from all agencies estimates of their needs for
articles of common use and shall, when practicable,
consolidate requisitions in order to secure the
benefits of quantity purchases, and may enter into
cooperative buying arrangements with other public
agencies.
([g]e) The director of finance may by rules and regulations,
not inconsistent with state law, provide for:
(1) Emergency purchases which might be required.
(2) Petty cash funds or blanket purchase orders or
both.
(3) Non-competitive purchases and contracts [provided
for under subsection 10-14(c)(3)].
(4) Approval and signing procedures related to the
issuance of purchase orders.
(5) Negotiated sales of county property found unusable
for public purposes and valued below
$(100.00]250.00 without public auction.
([h]f) All county storerooms (other than departmental) shall
be supervised and operated by the director of finance.
([i]g) The director of finance shall require such guarantees
of performance by vendors as in the director of
finance's opinion may be necessary or may be prescribed
by ordinance."
SECTION 3. Material to be deleted is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed material, and underscoring need not be
included.
SECTION 4. If any provision of this ordinance or the
application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or
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applications of the ordinance which can be given effect without
the invalid provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
SECTION 5. Upon adoption of this ordinance, this council,
by appropriate resolution, shall provide that this amendment be
submitted to the electorate of the county for approval at the
next general election.
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction: March 23, 1994
Date of 1st Reading: March 23, 1994
Date of 2nd Reading: April 6, 1994
Date of 3rd Reading: April 27, 1994
Effective Date: May 9, 1994
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X CORPORATION COUNSEL
COUNTY Of HAWAII
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