Loading...
HomeMy Public PortalAboutOrd. 0677,, ~ ORDINANCE NO 677 AN ORDINANCE OF THE CITY OF LYNWOOD PROVIDING FOR THE PURCHASE AND SALE OF SUPPLIES, SERVICES AND EQUIPMENT. The City Council of the City of Lynwood does ordain as follows: SECTION l. ADOPTION OF PURCHASING SYSTEM. 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 clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted. SECTION 2. CENTRALIZED PUfZCHASING DEPARTMENT. There is hereby created a centralized Purchasin~ Department in which is vested authority for the purchase of supplies, services and equip- ment. SECTION 3. SERVICES EXCLUDED, The term "services" as used herein does not include services rendered by city officers or employees or professional and other contractual services which, in their nature are unique and not subject to competition, nor such other services as are exempted from competitive bidding under State statutes. SECTION 4. PURCHASING OFFICER, There is hereby 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 the Purchasing Officer may be combined with those of any other office or position. The Purchasing Officer shall have authority to: (a) Purchase or contract for supplies, services and equipment required by any using agency in accordance with purchas- ing procedures prescribed by this ordinance, such administrative regulations as the Purchasing Officer shall adopt for the internal -1- management and operation of the Purchasing Department and such other rules and regulations as shall be prescribed by the City Council. (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment. (c) Act to procure for the City the needed quality in supplies, services and equipment at least expense to the City. (d) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases. (e) Prepare and recommend to the City Council rules governing the purchase of supplies. services and equipment for the City, (f) Prepare and recommend to the City Council revisions and amendments to the purchasing rules. (g) Keep informed of current developments in the field of purchasing, prices, market conditions and new products. (h) Prescribe and maintain such forms as reasonably necessary to the operation of this ordinance and other rules and regulations. (i) Supervise the inspection of all supplies, services and equipment purchased to insure conformance with specifications, (j) Recommend the transfer of surplus or unused supplies and equipment between departments as ngeded and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for City use. (k) Maintain a Bidders~ List, Vendor Catalog file and records needed for the efficient operation of the Purchasing Depart- ment. SECTION 5. EXEMPTIONS FROM CENTRALIZED PURCHASING. The Purchasing Officer, with approval of the City Council, may authorize in writing any agency to purchase or contract for specified supplies, services and equipment independently of the Purchasing Department; but he shall require that such purchases or contracts be made in conformity with the procedures established by this ordinance, and -2- shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. SECTION 6. ESTIMATES OF REQUIREMENTS. All using agencies shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time, and for such future periods as the Purchasing Officer shall prescribe. SECTION 7. REQUISITIONS. Using agencies shall submit request for supplies, services and equipment to the Purchasing Officer by standard requisition forms. SECTION 8. BIDDING. Purchases of suppl3es, services, equipment and the sale of personal property shall be by bid procedures pursuant to Sectio~ 11 and 12. B~dding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, when the amount involved is less than $100.00, or when the commodity can be obtained from only one vendor. SECTION 9. PURCHASE ORDERS. Purchases of supplies, services and equipment shall be made only by purchase order. SECTION 10. ENCUMBRANCE OF FUNDS. Fxcept in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against wh3ch said purchase is to be charged. SECTION 11. FORMAL CONTRACT PROCEDURE. Except as other- wise provided herein, purchases and contracts for supplies, services, equipment and the sale of personal property of estimated value greater than $2,000.00 shall be by written contraet with the lowest or highest responsible bidder, as the case may be, pursuant to the procedure prescribed herein. (a) Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. -3- (1) Published Notice. Notice inviting bids shall be published at least ten days before the date of open- ing of the bids, Notice shall be published at least once in a newspaper of general circulation, printed and pub- lished in the City, or if there is none, it shall be posted in at least three public places in the City that have been designated by ordinance as the places for posting public notices. (2) Bidders' List. The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the Bidders' List or who have requested their names to be added thereto. (b) 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 w~thin ten (10) days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The C3ty Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder~s security shall be applied by the City to the differencebetween the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. (c) Bid Opening Procedure. Sealed bids shall be submitted to the Purchasing Officer 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 for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. (d) Award of Contracts. Contracts shall be awarded by -4 - the City Council to the lowest responsible bidder except as other- wise provided herein. (e) Bids; Rejection; Identical; None Received. In its discretion, the City Council may reject any bids presented and re- advertise. If two or more bids are the same and lowest, the City Council may accept the one it chooses. If no bids are received, the City Council may have the supplies, equipment, and contractual services purchases or sold in the open market without further comply- ing with this section. (f) Performance Bonds. The City Council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonablg necessary to protect the best interests 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. SECTION 12. OPEN MARKET PROCEDURE. Purchases of supplies, equipment, contractual services, and sales of personal property of an estimated value in the amount of $2,000.00 or less may be made by the Purchasing Officer in the open market without observing the procedure prescribed by Section 11. (a~ Minimum Number of Bids. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder, (b) Notice Inviting Bids. The Purchasing Officer shall solicit bids by written requests to prospective vendors, by telephone, and by public notice posted on a public bulletin board in the City Hall. (c) Bids. Bids shall be submitted to the Purchasing Officer and may be verbal or in writing. 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 year after the submission of bids or the placing of orders. This record, while so kept, shall be open for public inspection. -5- SECTION 13. INSPECTION AND TESTING. The Purchasing Officer shall inspect supplies and equipment delivered, and contract- ual 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. SECTION 14. SURPLUS SUPPLIES AND EQUIPMENT, All using agencies shall submit to the Purchasing Officer, at such times and in such form as he shall prescribe, reports 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 the same for, or trade in the same on, new supplies and equipment. Such sales shall be made pursuant to Section 11 or 12, whichever is applicable. SECTION 15. SEVERABILITY. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION 16. REPEAL. That Ordinance No. 420 be and the same is hereby repealed. SECTION 17. This ordinance is urgently needed and shall be 3n effect immediately upon adoption because Section 54201 of the Government Code requires that every local a~ency adopt policies and procedures governing purchases of supplies and equipment -6- not inconsistent with or in conflict with statute, that City Ordinance No. 420 governing purchases now in effect is so unduly restrictive that it is almost wholly unworkable and is inconsistent with State statutes, and this ordinance is needed to comply with statute and to set up workable policies and procedures governing purchases, SECTION 18, The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the Lynwood Press, a newspaper printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 17 day of June, 1958, and finally adopted and ordered published at a regular meeting of said Council held on the lst day of July, 1958, by the following vote: Ayes: Councilmen Compton, English Finch Pender and Summers. Noes: Councilmen None. Absent: None. AT E CI C F, 'IT OF LYNWOOD ~ /~~~ MAYOR OF THE CITY OF LYNWOOD STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES: ss. CITY OF LYNWOOD ) I, the undersigned, City Clerk of the City cf Lynwood, and ex-officio clerk of the Council of said City, do hereby certi£y that the above is a true and correct copy of ordinance No. 677 adopted. by the City Council of the City of Lynwood and that same was passed on the date and by the vote therein stated. Dated this 7th \day of^ July , 19 58,