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.
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(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.
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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
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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
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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:
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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
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