HomeMy Public PortalAboutOrd. 1753ORDINANCE NO. 1753
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING CHAPTER 6, SUBSECTION 6-3 OF THE LYNWOOD
MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 Subsection 6-3 of the Lynwood Municipal Code is hereby
amended in its entirety and restated to read as follows
6-3 PURCHASING
6-3.1 Definitions:
For purposes of this section, the following words shall have the following meanings:
Agency or agencies shall mean the Lynwood redevelopment agency, the Lynwood
Information Inc.. the Lynwood public finance authority. the Lynwood utility authority or any
other local body created by ordinance. resolution or formal action of the city council of the
city of Lynwood.
Bidder's list shall mean a list of responsible prospective or current vendors capable of
providing the items being bid upon
Emergency shall mean a situation in which there is an immediate threat to life or property
or when there is or would be a loss or impairment of a vital public service.
Equipment shall mean furnishings, machinery, vehicles, rolling stock, and other personal
property used in the city's business.
General services mean services that are manual or routine in nature as opposed to services
that are predominately intellectual and varied in character or require specialized knowledge
of an advanced type generally acquired from study at an institution of higher learning. General
Services are services such as seaefarial,janitorial, uniform cleaning, maintenance and other
services which do not require any unique skill, special background, training, and obtaining
such services at the lowest cost is the single most important factor in selection, as
opposed to personal performance.
Master Services Contract shall mean a master multi- year contract with a general scope
of work for on -call services as approved by City Council. Work pursuant to a Master
Services Contract approved by the City Council may be initiated pursuant to a Task Order
authorized by the City Manager
Professional/special services shall mean any work performed by an attorney, architect,
engineer, land surveyor, construction manager, appraiser, expert. accounting firm.
consultant or those services such as computer services, security services and other
services which require in addition to the use of special or specific equipment, special
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performance criteria, specific experience. training, personal judgment. quality of work or
factors other than simply obtaining the service at the lowest cost to the city.
Professional/special services do not include services rendered by city officers or
employees.
Purchase shall include the renting, leasing, purchasing, licensing, or a trade of equipment
or supplies.
Purchasing officer shall mean the City Manager or his/her designee.
Supplies shall mean office supplies, janitorial supplies, materials. goods, tools, or other
commodities used in the general conduct of the city's business. excepting supplies or
materials included in a construction contract or bid specification for a public works project.
Task Order shall mean authorization to perform services prescribed under a Master
Services Contract from a consultant on an as needed basis. A task order shall include
the specific scope of work required by the City, the compensation due for that specific
scope of work, and any terms and conditions that may pertain solely to the task.
6-3.2 Centralized Purchasing System:
The City adopted a centralized purchasing system in order to establish efficient
procedures for the procurement of supplies equipment and general services for the city
and its agencies; to exercise financial control over purchases; to clearly define authority
for the purchasing function and to conserve public funds through the reduction of costs
6-3.3 Purchasing Officer Duties:
a. The City Manager is hereby appointed and shall serve as the city purchasing officer.
The City Manager shall have the authority to delegate in whole or in part to qualified city
officers or employees the responsibilities and authority for carrying out all aspects of the
purchasing system, provided that the City Manager maintains oversight and receives
monthly reports regarding the purchasing function from all such designees The City
Council hereby authorizes the City Manager to establish and maintain written
administrative regulations and standards consistent with this article. which incorporate
and implement the City's purchasing and contracting procedures, including an
implementation of the purpose goals and requirements of this Code.
b. Subject to the provisions of this section the duties and responsibilities of the
purchasing officer shall include, but not necessarily be limited to, the following;
1. To prepare, distribute and maintain administrative regulations and procedures
consistent with the provisions of this code governing the purchase of supplies equipment
and general services for the city and its agencies;
2. To prepare, distribute and maintain administrative regulations and procedures
consistent with this code for the sale of surplus property:
3. To purchase or contract for all supplies. equipment and general services needed by
the city and its agencies in accordance with purchasing rules, regulations and procedures
as provided for in this section and such other rules and regulations as shall be prescribed
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4. To procure for the city and its agencies the highest quality in supplies; equipment
and general services at the least expense
5. To discourage uniform bidding and to endeavor to obtain as full and open competition
as possible on all purchases and sales;
6. To keep informed of current developments in the field of purchasing. prices, market
conditions and new products;
7. To ensure the inspection of all supplies and equipment purchased to guarantee
conformance with specifications and adherence to standards of quality, including as
required chemical and physical tests of samples submitted with bids and samples of
deliveries to determine conformance with specifications set forth in the order,
8. To direct the transfer of surplus or unused supplies and equipment between
departments as needed
9. To sell all supplies, equipment and other property of the city and its agencies which
has been declared surplus or which has become unsuitable for use by the city or its
agencies;
10. To maintain financial and other records as necessary for the efficient operation of
the purchasing system;
11. To prescribe and maintain such forms as are necessary for administration of the
purchasing system
6-3.4 Appropriated Funds Prerequisite To Contract Or Purchase Order:
Except in cases of emergency the purchasing officer shall not issue any purchase order
nor award any contract for supplies, equipment general services or professional/special
services unless there exists an available, non -committed balance in the account against
which the purchase is to be charged. Subject to budgetary restrictions the purchasing
officer may transfer funding from other sources to ensure sufficient balances to the extent
that such transfers are normally allowed without city council approval. The purchasing
officer shall obtain city council approval for additional funds for purchases lacking the
available uncommitted funding.
6-3.5 Estimates Of Requirements:
All city departments and agencies must file detailed estimates of their requirements for
supplies, equipment or general services in such manner. and at such times and for such
future period(s) as the purchasing officer shall prescribe.
6-3.6 Requisitions And Purchase Orders:
a. Except as permitted under subsection 6-3.7b1 of this section, any city department or
agency requesting supplies equipment or general services shall submit to the purchasing
officer a requisition on the purchasing officer's approved form prior to initiating any
procurement.
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b. Except as permitted under subsection 6-3.7b1 of this section, purchases of supplies,
equipment and general services shall be made only by purchase orders issued by the
purchasing officer and any other contractual document he or she determines is necessary.
To the extent possible, purchase orders must be entered into for the entire fiscal year's
worth of purchases. or for the entire length of the approved contract.
6-3.7 Bidding Procedures And Purchasing Authority Limits:
a. There are three (3) levels of authority for purchases which are determined by dollar
amount: department director purchase, open market purchase and formal bid purchase.
Except as specifically permitted otherwise by the provisions of this section a formal
purchase order, approved by the requesting department director and the purchasing
officer or his/her designee is required for all purchases where any single item/purchase
exceeds five thousand dollars ($5,000.00), in advance of the procurement. For purchases
equal or less than five thousand dollars ($5,000.00), no purchase requisition, purchase
order or bidding procedures shall be required, provided the initiating department keeps a
record of such purchases and exercises reasonable prudence in seeking the best price
in purchasing such items. All such purchases shall be made with the existing budget,
using the available and uncommitted balances.
b. When making purchases for supplies, equipment, general services or
professional/special services, the following procedures shall be followed
1. Department Directors, Director of Public Works and City Manager Purchases:
(a) Any department director may authorize the purchase of supplies, equipment or
general services as needed for his or her area of responsibility for purchases up to ten
thousand dollars ($10,000.00).
(b) Director of Public Works may authorize for purchases up to thirty thousand dollars
($30,000.00) for contracts of construction projects.
(c) Purchase requisition and purchase order are required for purchases between five
thousand and one dollars ($5,001.00) and thirty thousand dollars ($30,000.00), but no
bidding procedures are required, provided the department director keeps a record of such
purchases and exercises reasonable prudence in seeking a minimum of three (3) price
quotes in purchasing such items. All such purchases shall be made with the existing
budget, using the available and uncommitted balances.
(d) City Manager may authorize purchases up to fifty thousand dollars ($50,000.00).
Purchase requisition, purchase order, as well as informal bidding or proposals are
required, City Manager's office needs to keep a record of such purchases and exercises
reasonable prudence in seeking minimum three (3) informal bids/proposals in purchasing
such items. For purchases equal or less than five thousand dollars ($5,000.00), no
purchase requisition, purchase order or bidding procedures shall be required, provided
the City Manager keeps a record of such purchases and exercises reasonable prudence
in seeking the best price in purchasing such items. All such purchases shall be made with
the existing budget, using the available and uncommitted balances.
(e) Purchase orders may be issued regardless of amount when required by the vendor.
or when the complexity of the transaction demands a formal document for clarity.
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2. Council Approved Purchases between Fifty Thousand and One Dollars ($50,001.00)
and Two Hundred Thousand Dollars ($200,000.00):
(a) Purchases of supplies, equipment, general services, or professional/special services
where the dollar amount involved is between fifty thousand and one dollars ($50,001.00)
and two hundred thousand dollars ($200,000.00) require council approval. Purchase
requisition, purchase order, as well as informal bidding or proposals are required, City
Manager's office needs to keep a record of such purchases and exercises reasonable
prudence in seeking a minimum of three (3) informal bids/proposals in purchasing such
items. All such purchases shall be made with the existing budget, using the available and
uncommitted balances.
3. Formal/Competitive Bid Purchases: Except as otherwise authorized in subsection 6-
3.12 of this section, or as related to professional/special services under subsection 6-3.9,
purchases of supplies, equipment, or general services in excess of two hundred thousand
dollars ($200,000.00) shall be by formal competitive bid in accordance with the following
provisions:
(a) Published Notice: A notice inviting bids shall be published at least fourteen (14)
calendar days before the date of the opening of bids. The notice shall be published on the
City's website, a well-known internet platform or in a newspaper of general circulation printed
and published in the city, and also in appropriate trade publications, if any, circulated within
the general area. Such other notice as the purchasing officer deems appropriate may be
made.
(b) Notice Inviting Bids: Notices inviting bids shall include a general description of the
supplies, equipment, or general services to be purchased, state where bid forms and
specifications may be secured and the time and place for the opening of bids and any
other information material to the submission of a bid.
(c) Bidder's List: The purchasing officer shall maintain a list of qualified/responsible
bidders for various categories of supplies or equipment. A solicitation for a bid shall be
sent to all qualified/responsible prospective contractors or suppliers whose names are on
the bidder's list for the category of equipment, supplies, or general services subject to the
bid request.
(d) Bulletin Board And Website: The bid invitation shall be posted on a public bulletin
board in city hall and shall also be posted on the city's website.
(e) Bid Submission Procedure: Sealed bids shall be submitted to the purchasing officer
or to the city clerk, as determined by the purchasing officer and set forth in the notice
inviting bids. Sealed bids shall be identified as to bidder. project. and bid on the envelope.
(f) Bid Opening Procedure: Bids shall be opened by city staff in public at the time and
place stated in the notice inviting bids. A written record and tabulation shall be made at
the time of all bids received, and shall be open for public inspection during regular
business hours for a period of not less than thirty (30) days after the bid opening.
(g) Rejection Of Bids: In its discretion, the city council may reject any bids presented
and may re -advertise for bids.
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(h) Tie Bids: If two (2) or more bids received are for the same total amount or unit price
quality and service being equal the council may accept either bid or accept the lowest
bid made by negotiation with the tie bidders at the time of or after the bid opening.
(i) No Bids If no bids are received the city council may have the supplies, equipment or
general services purchased in the open market without further compliance with the
bidding procedures specified in this subsection
j) Performance Bonds: The city council may require a performance bond in such
amount as it shall find reasonably necessary to protect the public interest. If the city
council requires a performance bond, the form and amount of the bond shall be described
in the notice inviting bids.
(k) Bid Evaluation Procedures: All bids shall be analyzed by purchasing officer and the
department director requiring the supplies, equipment or general services forcompliance
with bid specifications. and the purchasing officer shall prepare a recommendation to the
department for award or rejection The department director shall then prepare a
recommendation for award or rejection to the city council.
(I) Award Of Contracts: Contracts shall be awarded by the city council to the lowest
qualified/responsive and responsible bidder whose bid fulfills the purpose intended
according to criteria designated in the notice inviting bids. All such contracts shall require
the signature of the mayor. or in his/her absence, the mayor pro tempore, pursuant to the
provisions of Government Code sections 40601 and 40602.
(m) Refusal to Comply with or Failure to Execute Awarded Bid: If a successful bidder refuses
to comply with, or fails to execute. a contract issued by the City within 10 days after being
awarded the contract, the City may cancel the award and retain any bid security. Compliance
with contract requirements includes, without limitation, submission of insurance
documentation. Should this occur, the City Council may award the contract to the next lowest
qualified/responsible bidder.
c. The City Manager shall prepare and submit reports detailing all department director
and open market purchases to the City Council on a monthly basis.
d. The purchasing procedures described in this subsection shall not apply to public
works projects/contracts. professional/special services contracts or to any employee or
officer expenditures or reimbursements involving travel education or per diems.
6-3.8 Report And Sale Of Obsolete And Surplus Supplies And Equipment:
a. All city departments and agencies shall submit to the purchasing officer at such times
and in such form as he/she shall prescribe, reports showing all supplies and equipment
which are no longer used or which have become obsolete or worn out.
b. The purchasing officer shall have the authority to sell all supplies and equipment
which cannot be used by any agency or which have become unsuitable for use by the
city or its agencies or to exchange or trade in the supplies and equipment for new supplies
and equipment. Such sales shall be made pursuant to those provisions of this section
which are applicable.
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6-3.9 Professional/Special Services:
a. Qualifications: In contracting for professional/special services, such contracts should
only be awarded to firms or persons who have demonstrated adequate levels of
experience, competence, resources/equipment, staffing and other professional
qualifications necessary for more than a satisfactory performance of the services required
in the time period needed.
Cost: Once the department or agency requesting the professional/special service has
determined a firm has an adequate level of competence, the cost of the service may be
considered, however, price may not be the sole factor in determining to whom a contract
shall be awarded. The city's best interests may be served by awarding the contract to a
higher priced contractor based on the scope of services available, unique skills, staffing
levels, timing, prior experience, past working relationship, and other factors required by
the department or proposed by the contractor.
b. Request For Proposal/Qualifications: The acquiring of professional/special services
shall be procured through a negotiated contract and should include requests for
proposals/qualifications (RFP/Q). Soliciting bids for professional/special services is
decentralized and shall be the responsibility of the department director requesting the
service. The purchasing officer may be contacted to assist in the formal request for
proposal/qualification (RFP/Q) process.
c. Contracts For Fifty Thousand Dollars ($50, 000.00) Or Less:
1. In nonemergency situations, the requesting department should exercise reasonable
prudence in seeking a minimum of three (3) consultants/firms for written quotes.
2. Unless the city council authorized the entering into or the award of a specific contract
for professional/special services, the purchasing officer shall approve in writing the award
of all such contracts, taking into consideration the recommendation of the department
director requesting the professional/special services at issue.
3. The purchasing officer or his/her duly authorized designee is authorized to approve
professional/special service contracts with an estimated cost of fifty thousand dollars
($50,000.00) or less.
d. Contracts Between And Including Fifty Thousand And One Dollars ($50,001.00) And Two
Hundred Thousand Dollars ($200, 000.00):
1. In nonemergency situations, the requesting department should exercise reasonable
prudence in seeking a minimum of three (3) consultants/firms for informal bids/proposals.
2. The city council shall review and approve the award of all such contracts, taking into
consideration the recommendation of the staff recommendation of the
professional/special services at issue.
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e. Contracts For Two Hundred Thousand and One Dollars ($200,001.00) or more In
nonemergency situations. departments should utilize the following process to sealed
request for formal proposals:
1. RFPIQ Solicitation Process A formal sealed request for proposal/qualification (herein
"RFP/Q ") document should be developed for solicitation of professional services contracts
over two hundred thousand dollars ($200,000.00)
2. Advertisement: The department should advertise in appropriate publications and/or
use the professional services listings. as available during the solicitation process.
3. Fourteen To Twenty -One Day Notice: Notice inviting RFP/Q s should be posted at
city hall and on the city's website at least fourteen (14) calendar days before the due date
of submission of the RFP/Q.
4. Notice Contents: The notice shall at least describe the general type of service needed,
how the RFP/Q minimum scope of work can be obtained, the requirement of a written
sealed proposal, state the closing date, place. and time for submission of the RFP/Q.
5. Solicitation Procedure: Sealed request for proposals/qualifications should be
submitted directly to the requesting department. RFP/Q's need not be opened publicly.
Departments shall analyze proposals for compliance with RFP/Q requirements. value of
the total scope of services and make a recommendation to city council for selection, or
for follow up interviews of those submitting proposals.
6. Award: Contracts for professional/special services in excess of two hundred thousand
dollars ($200.000.00) require the approval of the city council and the signature of the
mayor, or in his/her absence, the mayor pro tempore. pursuant to the provisions of
Government Code sections 40601 and 40602.
f. Standard Form. Contracts for professional/special services should be on the city's
standard form and shall be reviewed and approved as to form by the city attorney.
6-3.10 City Manager Authority:
The City Manager or his/her duly authorized designee shall be authorized to sign on
behalf of the city all purchase orders or contracts for procuring supplies, equipment, and
general services and professional/special services that do not include any legal or
consulting services, which do not exceed a total contract or purchase order amount of
fifty thousand dollars ($50 000) in any one-year period. This section shall not be
construed to limit or otherwise restrict the authority delegated by the City.
6-3.11 Splitting Purchases Or Contracts:
No officer or employee of the city or its agencies shall split or separate a purchase of
supplies, equipment or a contract or purchase order for general services or
professional/special services for the purpose of evading the provisions of this section.
The acquisition of supplies. equipment and general services should normally be made as
a single purchase, when the need has been identified for multiples of items. related items.
or similar items, which are ordinarily available from the same vendor or manufacturer
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6-3.12 Exceptions:
a. Any provisions of this section to the contrary notwithstanding. no competitive bidding
of any kind (whether through informal open market procedures or through formal noticed
procedures) shall be required to purchase supplies, equipment, general or
professional/special services under any of the following circumstances:
1. When an emergency requires that an order be placed with the most available source
of supply; or
2. When there is a market shortage of certain goods or services; or
3. When the supplies, equipment, services or contract could be obtained from only one
source;
4. Intergovernmental services;
5. Utilities;
6. Bond issuance; or
7. Legal services
b. These exceptions shall not apply to contracts for construction work of public works
projects (refer to LMC Chapter 6-6).
6-3.13 Sales Of Personal Property:
Personal property of the city which has been determined by the city council to be surplus
to the needs of the city may be sold by the purchasing officer either in the form of a trade
in for credit against the purchase of new personal property similar in character or through
public sale which shall be noticed and conducted in the manner deemed most appropriate
by the purchasing officer.
6-3.14 Change Orders:
a. After the effective date of any contract executed on behalf of the city for the purchase
of equipment or supplies, the retention of professional or other services, or construction
work on a public works projects (refer to LMC Chapter 6-6), the City Manager shall have
authority to approve in writing any modification involving an addition to, deletion from, or
revision in any item in such contract, including, without limitation, plans, specifications and
extra work, and change orders relating to the nature or quantity of services, equipment,
supplies or work, in accordance with the 1991 edition or latest revision of the "Standard
Specification For Public Works Construction", subject to the following limitations : The
dollar amount of all such modifications or change orders relating to any one contract shall
not exceed fifty thousand dollars ($50,000.00) of the original contract price. Any
modifications or change orders above this amount shall require city council approval.
b. The authority herein conferred upon the City Manager may, in the sound discretion
of the City Manager, be delegated in whole or in part to a department director, manager
or other designated employee or agent of the city.
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c. An appropriate contract change order form shall be used for approval of change
orders. The form shall detail the reasons for the proposed change, description of the
change. change in contract cost, extension in contract time (if warranted), and new
contract total cost including all prior change orders. The contract change orders shall be
signed by the project manager, contractor, department director and City Manager.
d. In connection with any specific contract where the circumstances so warrant. the city
council may, by resolution, authorize the City Manager to exceed the specific dollar
amount limitation set forth in subsection 6-3.15 of this section.
If a proposed contract modification, change order or request for extra work exceeds the
limitations imposed upon the City Manager by this section or by resolution. and any
extended delay in obtaining city council approval is reasonably determined to subject the
city to liability for damages incurred by a contractor. or to jeopardize the public health,
welfare or safety, or to otherwise result in potential detriment to the city, then the City
Manager shall have authority to exceed the dollar amounts or percentage limitations
specified herein.
6-3.15 Master Services Contracts and Task Orders:
Task Orders shall be issued pursuant to a Master Services Contract with a specific scope
of work and would require council approval and authorization for the Purchasing Officer to
execute and amend on such Task Order for individual projects of up to two hundred
thousand dollars ($200,000.00). Task Orders shall not be issued or amended for an initial
or accumulated amounts exceeding two hundred thousand dollars ($ 200.000.00). Formal
Request for Qualifications/Proposals/Bids process shall be required for amounts
exceeding two hundred thousand dollars ($200,000.00).
6-3.16 Recycled Products Procurement Policy:
a. Purpose: It is the intent of the city to maximize its use of recycled resources
b. Definitions:
1. Recycled product:
(a) Except as provided in subsection (b) of this definition, "recycled productmeans all
materials. goods, and supplies, no less than fifty percent (50%) of the total weight of which
consists of secondary and postconsumer material with not less than ten percent (10%) of
its total weight consisting of postconsumer material. A recycled product shall include any
product that could have been disposed of as solid waste having completed its life cycle
as a consumer item. but otherwise is refurbished for reuse without substantial alteration
of its form.
(b) "Recycled product" also means other flat rolled steel products no less than twenty-
five percent (25%) of the total weight of which consists of secondary and postconsumer
material with not less than ten percent (10%) of total weight consisting of postconsumer
material. Products made with flat rolled steel meeting these content percentages include
but are not limited to, automobiles, cans. appliances. and office furniture and supplies.
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2. Postconsumer material means a finished material that would have been disposed of
as a solid waste having completed its life cycle as a consumer item and does not include
manufacturing wastes.
3. Secondary material means fragments of finished products or finished products of a
manufacturing process that has converted a resource into a commodity of real economic
value, and includes postconsumer material. but does not include excess virgin resources
of the manufacturing process
4. Recycled paperproduct:
(a) "Recycled paper product" means all paper and wood pulp products containing
postconsumer and secondary materials. as defined in this definition. "Postconsumer
material" means a finished material which would normally be disposed of as a solid waste,
having completed its life cycle as a consumer item. "Secondary material " means
fragments of finished products or finished products of a manufacturing process, which
has converted a virgin resource into a commodity of real economic value, and includes
postconsumer material; but does not include, fibrous waste generated during the
manufacturing process such as fibers recovered from wastewater or trimmings of paper
machine rolls (mill broke) wood slabs, chips sawdust, or other wood residue from a
manufacturing process.
(b) "Recycled paper product" also means a paper product with not less than fifty percent
(50%), by fiber weight consisting of secondary and postconsumer material with not less
than the following percentage of fiber weight consisting of postconsumer material:
(1) For high speed copier paper, offset paper, forms bond. computer printout paper.
carbonless paper, file folders, white wove envelopes, and for other uncoated printing and
writing papers such as writing and office paper book paper, cotton fiber paper containing
twenty-five (25) to seventy five percent (75%) cotton fiber, and cover stock, the minimum
content standard shall be no less than thirty percent (30%) of fiber weight of
postconsumer materials
c. Purchase Of Recycled Products Required Where Fitness And Quality Being Equal,
And Cost No More Than Equal, To That Of Nonrecycled Products:
1. Recycled Products Generally Fitness and quality being equal, the city and its
departments shall purchase recycled products instead of nonrecycled products whenever
available at no more than the total cost of nonrecycled products
2. Recycled Paper Products
(a) General Requirement: Fitness and quality being equal, the city and its departments
shall purchase recycled paper products instead of nonrecycled paper products whenever
available at no more than the total cost of nonrecycled paper products.
(b) Amount To Be Purchased: At least fifty percent (50%) of the total dollar amount of
paper products purchased or procured shall be a recycled paper product. In addition, at
least twenty-five percent (25%) of the total fine writing and printing paper purchased or
procured shall be a recycled paper product.
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(c) Preferences Allowed: The city and its departments may give preference to the
suppliers of recycled paper products. The city and its departments may define the amount
of this preference.
(d) Bidding Preferences: In bids in which the city has reserved the right to make multiple
awards, the recycled paper preference cost shall be applied, to the extent possible. so as
to maximize the dollar participation of firms offering recycled paper in the contract award.
The combined dollar amount of preferences granted pursuant to this section and any
other provisions of law shall not exceed one hundred thousand dollars ($100.000.00).
(e) Exception To Preference Provisions: Notwithstanding the above provisions, the
recycled paper bidder preference shall not exceed fifty thousand dollars ($50,000.00) if a
preference exceeding that amount would preclude an award to a small business that
offers nonrecycled paper products and is qualified in accordance with section 14838 of
the Government Code. This provision shall apply only when the small business is the
lowest responsible bidder or is eligible for contract award on the basis of application of
the five percent (5%) business preference.
d. Bidding Requirements:
1. Bidders Must Specify Recycled Product Percentages: All local public agencies shall
require the bidder to specify the minimum if not exact. percentage of recycled product in
the products offered, both the postconsumer and secondary waste content regardless of
whether the product meets the required percentage of "recycled product" as defined in
subsection 5-3 16b1 of this section.
2. Bidders Must Specify Recycled Paper Product Percentages: All local public agencies
shall require the bidder to specify the minimum if not exact, percentage of recycled paper
product in the paper products. and both the postconsumer and secondary waste content
regardless of whether the paper product meets the percentage of required "recycled
paper product" as defined in subsection 6-3.16b4 of this section. The contractor may certify
zero recycled product.
e. Impact On Contract Provisions:
1. Provisions Relating To Consideration Of Products With Recycled Product: All
contract provisions impeding the consideration of products with recycled product shall be
deleted in favor of performance standards
2. Provisions Relating To Consideration Of Products With Reclaimed Paper Content:
All contract provisions impeding the consideration of products with reclaimed paper
content shall be deleted in favor of performance standards All printing contracts made by
the city or its departments shall provide that the paper used shall meet the requirements
of these provisions.
f. Policy: The city hereby adopts. and shall distribute to all city staff involved with
purchasing or procurement, the following policy with respect to procurement of recycled
products. In the event of a conflict between this policy and any other section or provision
of subsection 6-3.12 of the chapter, however, the other section or provision of subsection
6-3.12 of this chapter shall control.
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SECTION 2: If any provision of this Ordinance or the application thereof to any person or
circumstances is for any reason deemed or held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any other provision or applications, and to this end the provisions of this
Ordinance are declared to be severable. The City Council hereby declares that it would
have adopted each section irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or unenforceable.
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance,
and shall cause it, or a summary of it, to be published as required by law, and it shall be
effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Lynwood, California this 4th day of October, 2022.
ATTEST:
Maria Quinone
City Clerk
APPROVED AS TO FORM:
Noel Tapia
City Attorney
Jorge Ca
Mayor
APPROVED AS TO CONTENT:
Harrjy-Wong
Director of Finance & Administration
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STATE OF CALIFORNIA
)§
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby
certify that the foregoing Ordinance was passed and adopted by the City Council of the
City of Lynwood at a meeting held on the 4th day of October, 2022.
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez,
City Clerk
STATE OF CALIFORNIA
)§
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk
of the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Ordinance No. 1753 on file in my office and that said Ordinance was
adopted on the date and by the vote therein stated. Dated this 4th day of October, 2022.
aria Quinonez,
City Clerk
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