HomeMy Public PortalAboutOrd. 0677,,
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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
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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
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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.
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(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
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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.
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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
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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
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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,