Loading...
HomeMy WebLinkAboutORD 228ORD 228ê79wV ×Pî+ ORDINANCE NO 228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK PROVIDING FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT The City Council of the City of Baldwin Park does ordain as follows: Section 1. ADOPTION OF PURCHASING SYSTEM. In order to establish efficient procedure for the purchase of supplies 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 function and to assure the quality of purchases, a purchasing system is hereby adopted, as provided in Sections 54201 to 54204 inclusive of the Government Code. Section 2. PURCHASING AGENT. The Chief Adminis- trative Officer of the City of Baldwin Park is hereby desig- nated to be the Purchasing Agent and shall serve in this ca- pacity until otherwise designated by action of the City Council. The duties of Purchasing Agent may be combined with those of any other office or position or delegated to the Assistant to the Chief Administrative Officer. The Purchasing Agent shall have authority to: a) Purchase or contract for supplies and equipment required by any department in accord- ance with purchasing procedures prescribed by this Ordinance, such administrative regulations as the Purchasing Agent shall adopt and other rules and regulations as shall be prescribed by the City Council, provided, however, that any single expendi- ture in excess of one thousand $1,000) dollars shall require City Council approval. REPEALED BY CITY COUNCIL 1- Date:-a~_ Cad--- a o ORD 228ê79wV ×Pî+ b) Negotiate and recommend execution of con- tracts for the purchase of supplies and equipment. c) Act to procure for the City of Baldwin Park the needed quality 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 andequip- ment 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 are reasonably necessary to the operation of this Ordi- nance and other rules and regulations. i) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications. j) Transfer between departments surplus or unused supplies and equipment and recommend the sale of all supplies and equipment which cannot be used by any department or which become unsuitable for City use. k) Maintain a Bidders' List, Vendors' Catalog file and records needed for the efficient operation of the Purchasing Department. Section 3. REQUISITIONS. Using Departments shall submit requests for supplies and equipment to the Purchasing Agent by standard requisition forms. Section 4. PURCHASE ORDERS. Purchases of supplies 2- ORD 228ê79wV ×Pî+ and equipment shall be made only by purchase order except as herein provided for emergency purchases in Section 5 of this Ordinance. Section 5. EMERGENCY PURCHASES. The Purchasing Agent may make emergency purchases free of the provisions of this Ordinance upon a showing by any department or officer that the purchase required is for the immediate preservation of health, safety and welfare of the people or for the protection of property and that there is a present, immediate and existing emergency which could not reasonably be foreseen. Section 6. OPEN MARKET PROCEDURE. Purchases of supplies and equipment may be made by the Purchasing Agent in the open market at the best prices obtainable and to the best advantage of the City unless it is in the City's best interest that such purchases shall be by formal contract procedure herein provided in Section 7 of this Ordinance. a) Minimum Number of Bids. Open market pur- chases shall, whenever possible, be based on at least three bids or quotations, and shall be awarded to the best interest of the City. b) Notice Inviting Bids. The Purchasing Agent shall solicit bids or quotations by written requests to prospective responsible vendors, by telephone, by public notice posted on a public bulletin board in the City Hall, and/or by newspaper publication. c) Written Bids. The Purchasing Agent shall receive all written bids and shall keep a record of all open market bids and quotations. This record shall be open to public inspection. Section 7. FORMAL CONTRACT PROCEDURE. Purchases for supplies and equipment shall be by written contract with the lowest and best responsible bidder whenever this procedure is deemed to be in the best interest to the City of Baldwin Park. 3- ORD 228ê79wV ×Pî+ a) Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, and shall state where bid blanks and specifications may be secured, and the time and place for the opening of bids. 1) Published Notice. Notices inviting bids shall be published at least ten days before the opening of the bids. Notices shall be published at least once in the newspaper of general circu- lation, printed and published in the city; or shall be posted in at least three public places that have been designated as the places for posting public notices. 2) Bidders' List. The Purchasing Agent shall solicit sealed bids from all responsible pros- pective suppliers whose names are on the Bidders' List or who have requested that their names be added thereto. b) Bidder's security. When deemed necessary by the Purchasing Agent bidder's security may be pre- scribed 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 10) ten 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 successful bidder to execute the con- tract, 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 second lowest bid, and the 4- ORD 228ê79wV ×Pî+ surplus, if any, shall be returned to the lowest bidder. c) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk and shall be identi- fied 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 to public inspection during regular business hours for a reasonable period of time. No bidder may withdraw his bid for a period of thirty 30) days. d) Reiection of bids. In its discretion, the City Council may reject any and all bids presented and re-advertise for bids or to exclude any item or items from the award of bid, and/or waive any in- formalities on a bid. e) Award of Contracts. Contracts shall be awarded by the City Council to the lowest responsible bidder presenting the lowest and best bid to the City. 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 authority to require 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 des- cribed in the notice inviting bids. 5- ORD 228ê79wV ×Pî+ Section 8. INSPECTION AND TESTING. The Purchasing Agent shall be responsible for inspection and testing supplies and equipment delivered to determine their conformance with the specifications set forth in the purchase order'or contract. The Purchasing Agent 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 9. COMMITTEE ON STANDARDIZATION. The Pur- chasing Agent is hereby authorized, but not required, to establish a Committee on Standardization which will advise him in determining standards, specifications, and qualities of supplies and equipment used by the City of Baldwin Park. The Committee may consist of the City Engineer, other De- partment Heads and citizens from private industry whose ex- perience and knowledge in items being considered by the com- mittee will be of value in arriving at decisions. The Pur- chasing Agent or his Assistant shall preside at all meetings held by this Committee. He may from time to time call the Committee or any portion of the Committee to meet to advise him in adopting standards. This Committee will serve without compensation. Section 10. GRATUITIES. The acceptance of any gra- tuity of intrinsic value by an official or employee of the City of Baldwin Park shall be deemed a violation of this Ordinance. The offer of any such gratuity to an official or employee by any vendor or contractor, or prospective vendor or contractor shall be cause for declaring such individual or firm to be an irresponsible bidder and for preventing him from bidding as provided in Sections 6 and 7 of this Ordinance. Section 11. PETTY CASH FUND. For the purpose of making purchases where the estimated cost is less than five $5.00) dollars, there is hereby created a purchasing petty cash fund of three hundred $300) dollars from which the City Finance Officer may make cash payments,for approved purchases not exceeding five $5) dollars each. The fund shall be 6- ORD 228ê79wV ×Pî+ replenished by periodic claims submitted to the City Finance Officer supported by sales slips or invoices for each purchase, and indicating the department for which the purchase is made and the authorized personnel requesting such purchase. Section 12. SEVERABILITY. If any section, sub- section, subdivision, sentence, clause or phrase of this ordi- nance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions 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 sections, subsections, subdivisions, sentences, clauses and phrases be declared unconstitutional. Section 13. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published or posted as required by law. This Ordinance shall become effective thirty days after the date of its adoption. ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this II day of October 1962. etcher Bishop, Mayor ATTEST: Thelma L. Balkus, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting place on the II day of October 1962, by the following vote: AYES: COUNCILMEN HOLMES, MOREHEAD, BLOXHAM, TAYLOR AND MAYOR BISHOP NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE Thelma L. Balkus, City Clerk 7- BIB] 39008-U01 ORD-U02 228-U02 LI2-U03 FO31549-U03 FO94592-U03 DO94752-U03 C5-U03 ORDINANCES-U03 10/17/2006-U04 ROBIN-U04