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ORDINANCE,NO. 1084
AN ORDIAIANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING DIVISION 3 AND REPEALING DIVISION
4 OF ARTICLE III OF CHAPTER 2 OF'TfiE CODE OF THE
CITY OF LYNWOOD RELATING TO THE ACQUISITION OF GOODS
AND SERVICES AND THE SALE OF PERSONAL PROPERTY
The City Council of the City of Lynwood hereby does ordain as
follows:
SECTION 1. Division 3, commencing with Section 2-58, of
Article III of the Lynwood City Code hereby is amended in its en-
tirety to read as follows:
DIVISION 3, ACQUISITION OF GOODS AND SERVICES AND DIS-
POSITION OF PERSONAL PROPERTY.
Section 2-58. Acquisition of goods. and services - less than
$500. Purchases of supplies, equipment, and services when the
amount involved is less than $500 shall be effected in the manner
selected by the Purchasing Officer; and, any provision of this
division to the contrary notwithstanding, no bidding procedures of
any kind whatsoever shall be applicable to such purchases unless
the Purchasing Officer shall so direct.
Section 2-59. Acquisition of Gcods and Sereices - more than
$500 but less than $3,500.
(a) Except as otherwise provided in Section 2-62, purchases
of supplies, equipment, and services when the amount involved is
$500 or more but is less than $3,500 may be made by the Purchasing
Officer in the open market without observing the procedure pre-
scribed in this division for competitive bidding.
(b) Open market purchases shall, wherever possible, be
based on at least three (3) bids and shall be awarded to the lowest
responsible bidder.
(c) The Purchasing Officer shall solicit bids by written
request to prospective vendors, by telephone and by public
notice posted on a public bulletin board in the City Ha11.
(d) Bids given pursuant to this division shall be submitted
to the Purchasing Officer and may be verbal or in writing.
(e) If a_bid, whether verbal or written, is received, the
Purchasing Officer shall keep a record of all open market orders
and bids for a period of one (1) year after the submission of bids
or the placing of orders. This record, while so kept, shall be
open £or public inspection.
Section 2-60. Acquisition of Goods and Services - $3,500
and more. (a) Except as otherwise provided in Section 2-62, purchases
of supplies, equipment, and services when the amount involved is
$3,500' or more shall be by formal public bid in accordance with the
provisions of this section; and contracts for such purchases shall
be awarded by the City Council to the lowest responsible bidder.
(b) Notice involving bids for such supplies, services, and
equipment shall include a general description of the goods or
services to be acquired, shall state where bid forms and specifica-
tions may be secured, and shall specify the time and place for the
opening of bids and any other information material to the sub-
mission of a bid.
(c) A notice inviting bids shall be published in the manner
prescribed by the state Government Code, Section 37903.
(d) The Purchasing Officer shall also solicit sealed bids from
all responsible prospective supplies whose names are on the bidders'
list or who have requested their names to be added thereto,
(e) Sealed bids shall be submitted to the Purchasing Officer
and shall be identified as bids on the envelope.
(f) 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 for public inspection during regular business hours for
a period of not less than thirty (30) calendar days after the bid
opening.
(g) In its discretion, the City Council may reject any bids
presented and may readvertise for bids.
(h) If two (2) or more bids are the same and lowest, the
City Council may accept the one it chooses.
(i) If no bids are received, the City Council may have the
supplies, equipment, and contractual services purchased or sold in
the open market without further compliance with this division.
(j) The City Council shall have authority to require a per-
formance bond before entering a contract in such amount as it
shall find reasonably necessary to protect the best interests o£
the City. If the City Council requires a performance bond, the
form and amount of the bond shall be desribed in the notice.in-
viting bids.
Section 2-61. Contracts for Public Works Projects.
Contracts for Public Works Projects in amounts of $5,000 or
more (or. such other amount as may be specified by the Government
Code of the State of California) shall be contracted for and let
to the lowest responsible bidder after notice, all as provided for
in said Government Code. Where the amount involved is less than
$5,000 (or such other amount as may be specified by the Government
Code.) shall be contracted for and let by the Purchasing Officer
either through the open market method set forth in Section 2-59, or
through formal competitive bidding as set forth in Section 2-60,
as determined by the Purchasing Officer.
Section 2-62. Exceptions.
Any provision of this division 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, or services or to con-
struct a public works project under any of the following circum-
stances: (a) when an emergency reouires that an order be placed
with the most available source of supply, or, (b) when the sunplles,
equipment, services or contract could be obtained from only one
source; or (c) if the City Council shall find, by resolution
adopted by not less than four-fifth (4/5) of its members, that such
an acouisition may be more economically and efficiently effected
through the use of an alternate procedure; or (d) when the City is
seeking a contract for garbage collection.
Section 2-63. 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 thereto or through public sale which shall be noticed
and conducted in the manner deemed most appropriate by the purchasing
Officer.
SECTION 2. DIVISION 4, OF ARTICLE II OF CHAP'T'ER 2 0£ the
Lynwood City Code hereby is repealed in its entirety.
SECTION 3. Severability. If any section, subsection sub-
division, sentence, clause, phrase or portion of this of°dinance, or
the application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance or its appli-
cation to other persons or places, The City Council hereby declares
that it would have adopted this ordinance, and each section, sub-
section, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections,
subdivision, sentences, clauses, phrases or portions, br the appli-
cation thereof to any person or place, be declared invalid or un-
constitutional.
SECTION 4'. First read at a regular meeting of the City Council
of said City held on the 4th day of December , 1979, and finally
ordered published at a regular meeting os said Council held on
the 18th day of December , 1979.
AYES: COUNCILMEN BYORK, GREEN, HIGGINS, ROWE, MORRIS.
NOES: COUNCILMEN NONE.
ABSENT: COUNCILMEN NONE.
%~C~
F^.ayor, C t of Lynwood
ATTEST:
"Q_. f.
WW~~ V/
C't Clerk, Cit of Lynwood
STATE OF CALIFORNIA )
) ss,
COUNTY OF' LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said City,
do hereby certify that the above is a true and correct
copy of Ordinance No. 1(~ 4 adopted by the Citg Council of
the City of Lynwood, aild that the same was passed on the
date and by the vote therein stated.
Dated this nth day of" December ~, 1979
City glerk, Czty of Fyn ood
(SEAL)