Loading...
HomeMy WebLinkAboutORD 260ORD 260ê79wR ×PîÖ ORDINANCE NO. 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDNIN PARK AMENDING SECTION 2904 OF THE BALDNIN PARK MUNICIPAL CODE; AND ADDING TO SAID CODE, SECTIONS 2910 THROUGH 2921, INCLUSIVE, AS PART 2, OF CHAPTER 9, OF ARTICLE I, OF SAID CODE, ALL RELATING TO THE PURCHASE OF SUPPLIES AND EQUIPMENT; AND REPEALING AND RESCINDING ORDINANCE NO. 228. THE CITY COUNCIL OF THE CITY OF BALDNIN PARK DOES ORDAIN AS FOLLONS: SECTION I. Subparagraph i) of Section 2904 of the Baldwin Park Municipal Code is hereby amended to read as follows: I) Supervise the purchase of all materials, supplies and equipment for which funds are provided in the budget." SECTION 2. That Sections 2910 through 2921, inclusive, are hereby added to the Baldwin Park Municipal Code, as Part 2 of Chapter 9, of Article I, to read, respectively, as follows: ARTICLE I ADMINISTRATION CHAPTER 9 PART 2 PURCHASING 2910. Adoption of Purchasing System. In order to establish efficient procedures for the purchase of supplies and equip- ment, 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. 2911. Purchasing Officer, The Chief Administrative Officer is hereby designated as the Purchasing Officer and shall have the duty and authority to: a) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this Part, such administrative regulations as the Purchasing Officer shall adopt and such other rules and regulations as shall be prescribed by the City Council. b) Negotiate and recommend execution of contracts for the pur- chase of supplies and equipment. c) Act to procure for the City 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 and equipment for the City. I- FIRST READING 3_ SECOND READING 3= a_Q_-_La_.._._...._. ORD 260ê79wR ×PîÖ 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 Part and other rules and regulations, i) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications, J) Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitab3e for City use, k) Maintain a Bidders' List, Vendors' Catalog file and records needed for the efficient operation of the Purchasing Department, 2912. Exemptions from Centralized Purchasing, The Purchasing O cer, with approval o e City Council, may authorize, in writing, any agency to purchase or contract for specified supplies and equipment inde- pendently of the Purchasing Department, but he shall require that such purchases or contracts shall be made in conformity with the procedures established by this Part, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization, 2913. Req u_isitions, Using agencies shall submit requests for supplies and equipment to the Purchasing Officer by standard requisition forms, 2914, Bidding. Exceptions, Purchases of supplies and equ p for city use shall be made and accomplished in conformity with Section 2917 or Section 2918 hereof except: a) when an emergency, as determined by the Purchasing Agent is deemed to require that an order be placed with the nearest available source of supply; or b) when the supplies and equipment needed can be obtained from one source only; or c) When the City Council by a four-fifths 4/5) vote determines to dispense with such bidding and other procedures required by said above- mentioned sections in any individual instance upon a finding by the Council that It would be impractical, useless, or uneconomical in such instances to follow said procedures, and that the welfare of the public would be promoted by dispensing with the same; or 2- ORD 260ê79wR ×PîÖd) When the amount of said purchase involved is less than $1,000,00. 2915. Purchase Orders, Purchases of supplies and equipment shall e ma e only by purchase order. 2916, Encumbrance of Funds, Except in cases of emergency, e re as ng fficer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. 2917. Formal Contract Procedure, Except as other- wise provided herein, pure sea and contracts for supplies and equipment of an estimated value greater than $1,000.00 which do not constitute a public project, as defined by Section 37901 of the Government Code, shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed herein. a) Notice Inviting Bids, Notices inviting bids s Fall inc u e a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. 1) Published Notice, Notice inviting bids s e published or posted at least ten 10) 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 far posting public notices. 2) Bidders' List. The Purchasing Officer shall also solicit ealed bids from all responsible prospective suppliers whose names are on the Bidder's list or who have requested their name to be added thereto, 3) Bulletin Board, The Purchasing Officer shall also aver se pending purchases by a notice posted on a public bulletin board in the City Hall. b) Bidder's Security, When deemed necessary by the ure as ng 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 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 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 3- ORD 260ê79wR ×PîÖ bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be re- turned to the lowest bidder. c) Bid 0 ening 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) Refection of Bids. In its descretion, the City Council may reject any and all bids presented and re-advertise for bids. e) Award of Contract. 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 of unit price, quality and service being equal, and if the public interest will not permit the delay or 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 Coun- cil requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. 2918. Open Market Procedure. Purchases of supplies and equip- ment of an estimated value in the amount of $1,000.00 or less may be made by the Purchasing Officer in the open market with- out observing the procedure prescribed by Section 2917. a) Minimum Number of Bids. Open market purchases shall, where- ever 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 or by telephone or by public notice posted on a public bulletin board in the City Hall. c) Written Bids. Written bids or quotations shall be submitted to the Purchasing Officer who shall open them and 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 to public inspection. 4- ORD 260ê79wR ×PîÖ 2919. Ins ection and Testing. 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 submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 2920. Biddi Procedure Prescribed. Whenever bids are required y law or y s o e for the letting of contracts, the doing of work or the furnishing of supplies, equipment or materials, all of the steps, acts and proceedings required by law or by this Code shall be fully complied with, and in particular and supplementary to the said acts, steps and procedures, the procedure hereinafter set forth in this Section regulating the notices inviting bids, the publication and posting of said notices, and the opening of said bids shall be followed. a) Notiee. Contents. The notice inviting bids s a bet a a e for the opening of bids. All such notices, whether mailed, published, or posted, shall state the date, the hour, and the place at which the bids called for are to be opened and shall also state the date, the hour, and the place of the Council meeting at which the City Council intends to take action on said bids. b) Bids. Opening. All bids shall be returnable to to Purc as ng Officer or to the office of the City Clerk, and at the hour and date stated in the notice, all bids shall be publicly opened at the office of the City Clerk in the present of the Purchasing Officer and such other City Officials as he may designate, and all other interested parties who wish to attend and witness the opening of said bids. As eac=h bid is opened, it shall be read aloud so that all persons interested in the said bidding may heard the contents thereof, although no more of the bid need be read or announced than would ordinarily be announced in an open Council meeting for the same purpose. From and after the time of their opening, the Purchasing Officer shall, upon request of any interested party, read or give such further information from the said bid as may be requested. c) Bids. Compiling. After they have been opened, aE bias h tee examined and studied by the Purchasing Officer and such other officials as may be necessary for the proper analysis of the bids to see if they comply with the notice inviting bids and are in all other respects in good order. A report shall then be made by the Purchasing Officer to the City Council announcing the results of their investigation and particularly designate which bid they have found to be the lowest bid, the next lowest bid, and all of the other bids in the ascending order of the figure or figures quoted. 5- ORD 260ê79wR ×PîÖ d) Bids. Re Report. Awarding. At the meeting of City~ouncil a w c said bids are acted upon, the said report shall be read publicly and the bid of the lowest bidder shall be publicly announced. After having. complied with the foregoing pro- cedure, the City Council shall proceed in accordance with applicable provisions of law or this Code either to award the bid and to let the contract therein referred to, or to take such other action as may be authorized by law. 2921. Joint Purchasing Agreements, Whenever the Council finds nat the pub-1'1c 3'fi ereat and con- venience require, it may enter into joint purchasing agreements for the acquisition of city supplies and equipment, with any other public agency, provided that such agreements are authorized by the laws of the State of California. The provisions of this Chapter shall not apply to purchases made under such an agreement, provided that the Council shall, by resolution, prior to the execution of such an agreement, establish rules for administrative practices to be followed by the purchasing agent with respect to such joint purchasing agreements." SECTION 3. That Ordinance No. 228 is hereby repealed and rescinded. SECTION 4. That the City Clerk shall certify to the adoption of this ordinance and shall post or publish the same in the manner prescribed by law. ADOPTED and APPROVED this 20 day of March 1963. ATTEST: Mayor y 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 No. 260 was regularly introduced and placed upon its first readies a regular meeting of the City Council on the 4 day of March 1963. That, thereafter, saicTordinanee was u y adopted an passed at a regular meeting of the City Council on the 2o day of March 1963, by the following vote, to wit: AYES: Councilmen: MOREHEAD, HOLMES, BLOXHAM, TAYLOR AND MAYOR BISHOP NOES: Councilmen: NONE ABSENT: Councilmen: NONE City Clerk 6- ORD 260ê79wR ×PîÖ ORD. NO, 260 CERTIFICATE OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 22nd day of March 1963, 1 caused to be posted in three conspicuous places a copy of Ordinance No, 260, as required by law and the Baldwin Park Municipal Code. THELMA L. BALKUS City Clerk SEAL Subscribed and sworn to before r* this A~.--.--day of. I9.~P... otary Public Itt end for the County of Los A tes, State of Callfarata EVA ELDER PUG", Notary p„mb, state of California rrincip31 Office. Los Angeles County My Commission Gxn:r-s 3rch 6, 1967 4657 North Merced Ave., Baldwin Park, Calif. BIB] 39008-U01 ORD-U02 260-U02 LI2-U03 FO31549-U03 FO94593-U03 DO94784-U03 C5-U03 ORDINANCES-U03 10/17/2006-U04 ROBIN-U04