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HomeMy WebLinkAbout052CITY OF IRWINDALE LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. 52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE PROVIDING FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption of Purcha in System: ',In order to establish efficient procedures tor the purchase of supp- lies and equipment, to secure for the City supplies 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 fun- ction and to assure the quality of purchases, a purchasing system is hereby adopted. SECTION 2. Purchasing Officer. There is hereby created the position of Purchasing orticer. He shall be appointed by the City Manager. The duties of Purchasing Officer may be combined with those of any other office or position, in- cluding the City Manager. The Purchasing Officer shall have authority to: (a) Purchase or contract for supplies and equip- ment required by any using agency in accordance with purchasing procedures prescribed by this ordinance, such administrative regulations as the Purchasing Officer shall adopt and such other rules and regula- tions as shall be prescribed by the City Council or City Manager. (b) Negotiate and recommend execution of con- tracts for the purchase of supplies and equipment. (c) Act to procure for the City the needed qual- ity in supplies 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 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 development in the field of purchasing, prices, market conditions and new products. 335 Ordinance No. 52 (h) Prescribe and maintain such forms as are reasonably necessary to the operation of this ordinance and other rules and regulations. (i) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifi- cations. (j) Recommend the transfer of surplus or unused r" supplies and equipment between departments as needed and the sale of all supplies and equipment which can- not be used by any agency or which have become unsuit- able for City use. (k) Maintain a Bidders' List, Vendors' Catalog file and records needed for the efficient operation of the Purchasing Department. SECTION 3. Su envision. The City Manager shall super- vise the Purchasing cer n the performance of his duties as set forth herein. The City Manager is authorized to direct the purchasing of materials, supplies, and equipment, and the letting of contracts necessary for the operation or maintenance of City services for which funds are provided in the budget for amounts up to and including $1,000, in accord- ance with the procedures set forth herein; provided, however, that no contract for new construction shall be let except upon the prior approval of the City Council. It is not the intention of the City Council by this section or this ord- inance to restrict the power of the City Manager in circum- stances creating a public emergency. SECTION 4. Exemptions from Centralized Purchasin The Purchasing Officer, with approval of the City Council, may authorize, in writing, any agency to purchase or contract for specified supplies and equipment independently of the Purchasing Department; but he shall require that such pur- chases or contracts shall be made in conformity with the procedure established by this ordinance, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. SECTION 5. Requisitions. Using agencies shall submit requests for suppl es and equipment to the Purchasing Officer by standard requisition forms. SECTION 6. Biddin . Purchases of supplies and equip- ment shall be by bIT pursuant to Sections 9 and 10. Bidding shall be dispensed with only when an emergency re- quires that an order be placed with the nearest available source of supply, when the amount involved is less than $300, or when the commodity can be obtained from only one vendor. SECTION 7. Purchase Orders. Purchases of supplies and equipment shall be made only Ry—purchase order. dIC 3J Ordinance No. 52 SECTION 8. Encumbrance of Funds. Except in cases of emergency, the Purchasing cer s a 1 not issue any pur- chase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. SECTION 9. Formal Contract Procedure. Except as other- wise provided herein, purchases and contracts for supplies and equipment of estimated value greater than $2,000 shall be by written contract with the lowest responsible bidder, pur- suant to the procedure prescribed herein. (a) Notice Inviting Bids. Notices inviting bids shall n� cIu— ee a general description of the arti- cles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. (i) Published Notice. Notcie inviting bids shall be publishe at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published 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. (ii) 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. (iii) Bulletin Board. The Purchasing Officer shall also advertise pen ng purchases by a notice posted on a public bulletin board in the City Hall. (b) Bidders' Security When deemed necessary by the Purchasing cer, Gidders' security may be pres- cribed 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 within ten (10) days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of the suc- cessful 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 difference between the low bid and the se- cond lowest bid, and the surplus, if any, shall be re- turned to the lowest bidder. (c)Bid 0 enin Procedure. Sealed bids shall be submitted to t e Mrc asing O (icer and shall be identi- fied as bids on the envelope. Bids shall be opened in -3- 337 Ordinance No. 52 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) calen- dar days after the bid opening. (d) Rejection of Bids. In its discretion, the City Council may reject any and all bids presented and re -advertise for bids. (e) Award of Contracts. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. (f) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re -advertising for bids, the City Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. (g) Performance Bonds. The City Council shall have author ty to requ re a performance bond before entering a contract in such amount as it shall find reasonably 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 10. Open Market Procedure. Purchases of sup- plies and equipment of an estimated value in the amount of $2,000, or less, may be made by the Purchasing Officer in the open market without observing the procedure prescribed by Section 9. (a) Minimum Number of Bids. Open market pur- chases shall, w erever pose e, be based on at least three bids, and shall be awarded to the lowest respon- sible bidder. (b) Notice Inviting Bids. The Purchasing Officer shall solid bids by written requests to prospective vendors, by telephone, and by public notice posted on a public bulletin board in the City Hall. (c) Written Bids. Sealed written bids shall be submitted to t e rc asing Officer, who shall keep a I 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 to public inspection. SECTION 11. Inspection and Testin&. The Purchasing Officer shall inspect supplies and equipment delivered 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 -4- n')1, t50� Ordinance No. 52 submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. SECTION 12. Repealing Parts of Conflicting Ordinances. All parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 13. Severabilit If any section, subsection, subdivision, sentence, c Wase or phrase of this ordinance is for any reason held to be unconstitutional or otherwise in- valid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council here- by declares that it would have passed this ordinance, and each section, subsection, subdivisions, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases by declared unconstitutional. SECTION 14. Effective Date. This ordinance shall take effect thirty days after the date of its adoption and, prior to the expiration of fifteen days from the passage thereof, shall be posted in three public places within the city limits of the City of Irwindale, as prescribed by Resolution No. 57-1. ADOPTED this 30 day of June, 1958. W. E _:.l.i _d6 7%1 ATTEST: -5- ,...,_ -5- Ordinance No. 52 I HEREBY CERTIFY that the above Ordinance No. 52 was introduced and placed upon its first reading at a special meeting of the City Council held for such purpose on the 23 day of June, 1958. That not less than 5 days thereafter said ordinance was duly adopted and passed at a regular meet- ing of the City Council on the 30 day of June, 1958, by the following vote, to wit: r1 Ayes DIAZ, GARCIA, MARTINEZ, ORNELAS, SILVA Noes NONE Absent NONE I FURTHER CERTIFY that said ordinance was thereupon signed by the Mayor of the City of Irwindale. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF IRWINDALE ) says: MAINE M. HORST, being first duly sworn, deposes and That she is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On July /a, 1958, she securely and conspicuously posted at each of the public places in said City, to wit: (1) 5140 North Irwindale Avenue (2) Post Office on Irwindale Avenue (3) Southwest corner of Arrow Highway and Irwindale Avenue a copy of Ordinance No. 52 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: July/." 1958 city,clerk of the city of Irwindale, California 339