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HomeMy Public PortalAboutOrd. 1084 ro 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)