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HomeMy WebLinkAboutORD 1101ORD 1101ÜÂ;¢f쨱 ORDINANCE NO.1101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO AMEND CHAPTER 34 FINANCE;PURCHASING" TO THE CODE OF ORDINANCES Sections: 34.20 Adoption of purchasing system. 34.21 Exemptions from centralized purchasing. 34.22 Requisitions. 34.23 Bidding--Exceptions. 34.24 Purchase orders. 34.25 Encumbrance of funds. 34.26 Formal contract procedure. 34.27 Notice inviting bids. 34.28 Bidder's security. 34.29 Bid opening procedure. 34.30 Award of contracts. 34.31 Rejection of bids. 34.32 Tie bids. 34.33 Performance bonds. 34.34 Open market procedure. 34.35 Inspection and testing. 34.36 Bidding procedure prescribed. 34.37 Cooperative purchasing agreements. 34.38 Contracts for services. 34.39 Public works contracts. 34.20 Adoption of purchasing system. In order to establish efficient procedures 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 adopted. The Director of Administrative Services is designated as the purchasing officer. 34.21 Exemptions from centralized purchasing. The provisions of this Section apply to the purchase of supplies and equipment and do not apply to the purchase of real property or the procurement of personal services. The provisions of this Chapter do not apply to the purchase of supplies and equipment where the City Council has, by contract or resolution, contracted for or transferred the authority to make the purchase of supplies and equipment to another governmental agency or officer thereof pursuant to lawful authority and where said other governmental agencies or officer, in the purchase of supplies and equipment, follows to the satisfaction of the purchasing officer policies and procedures in substantial compliance with the provisions of Section 54201 through 54294 BIB] 37643-U01 ORD-U02 1101-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4314-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1101-U05 MAY-U05 17-U05 1995-U05 ORD 1101ÜÂ;¢f쨱of the Government Code of the State of California. 34.22 Requisitions. Using departments shall submit requests for supplies and equipment to the purchasing officer by standard requisition forms. 34.23 Bidding-Exceptions. Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Sections 34.26 through 34.34, except: A. When an emergency as determined by the Director of Administrative Services 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 vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in any individual instance upon a finding by the council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same. 34.24 Purchase orders. Purchases of supplies and equipment shall be made only by purchase order. 34.25 Encumbrance of funds. Except in cases of emergency as determined by the Director of Administrative Services, the purchasing officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged. 34.26 Formal contract procedure. Except as otherwise provided in this chapter, purchases and contracts for supplies and equipment of an estimated value greater than seven thousand five hundred dollars which do not constitute a public project as defined by Section 20161 of the Public Contract Code, shall be by written contract with the lowest responsible bidder pursuant to the Public Contract procedure prescribed in Sections 34.27 through 34.33. Where possible, preference shall be given to local bidders or vendors, if all other factors in the bidding process are equal. 34.27 Notice inviting bids. Notices inviting bids shall include 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. The purchasing officer shall publicize each notice inviting bids in such manner as is calculated to advise all prospective bidders thereof. 34.28 Bidder's security. When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notices inviting bids. The security shall be returned upon rejection of a bid; provided, that the successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within 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 contract, award BIB] 37643-U01 ORD-U02 1101-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4314-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1101-U05 MAY-U05 17-U05 1995-U05 ORD 1101ÜÂ;¢f쨱it 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 surplus, if any, shall be returned to the lowest bidder. 34.29 Bid opening procedure. Sealed bids shall be submitted to the city clerk's office 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. 34.30 Award of contracts. Contract shall be awarded to the lowest responsible bidder, except as otherwise provided in this chapter. 34.31 Rejection of bids. In its discretion, the city council may reject all bids presented and readvertise for bids. 34.32 Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council shall give preference to local bidders or vendors; if there are none, it may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders. 34.33 Performance bonds. The city council shall have authority to require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the city. lithe city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. 34.34 Open market procedure. Purchases of supplies and equipment of an estimated value in the amount of seven thousand five hundred dollars or less may be made by the purchasing officer in the open market without observing the procedure described by Sections 34.25 through 34.33. The open market procedure to be utilized pursuant to this section shall be set forth in administrative regulation approved by the city council. A. 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 in accordance with appropriate administrative rules. B. Notice inviting Bids. The purchasing officer shall solicit bids from prospective vendors. 34.35 Inspection 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. 34.36 Bidding procedure prescribed. Whenever bids are required by law or by this code for the letting of contracts, the doing of work or the furnishing of supplies, equipment BIB] 37643-U01 ORD-U02 1101-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4314-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1101-U05 MAY-U05 17-U05 1995-U05 ORD 1101ÜÂ;¢f쨱or 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 procedure set out in this section regulating the notices inviting bids, the publication and posting of the notices, and the opening of the bids, shall be followed. A. Notice--Contents. The notice inviting bids shall set a date for the opening of bids. All 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 the bids. B. Bids--Opening. All bids shall be returnable to the city clerk and at the hour and date stated in the notice. All bids shall be publicly opened and declared. From and after the time of their opening, the city clerk shall, upon request of any interested party, permit examination of such bids. C. Bids--Awarding. After opening of the bids, 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. 34.37 Cooperative purchasing agreements. A. Whenever the council finds that the public interest and convenience require, the City may purchase city supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies, without complying with the requirements of this chapter. 34.38 Contracts for services. Whenever directed by the city council to obtain administrative, legal, accounting or other professional or contractual services to be performed by a consultant, the Director of Administrative Services shall seek and obtain written request for qualifications RFQ) from qualified persons authorized to perform the services. He(she shall obtain a sufficient number of the proposals to insure that the cost thereof is consistent with the market. He shall thereafter select the lowest responsible proposal, based upon a performance or qualifications selection matrix, and offer the contract to the person. 34.39 Public works contracts. The Director of Administrative Services shall obtain, based upon written specifications, three informal bids from qualified persons to perform the work required for any public project defined as such in Section 20161 of the Public Contract Code of the state, as to which Section 20162 of the Public Contract Code does not require compliance with the formal bidding process contemplated by the Code sections. BIB] 37643-U01 ORD-U02 1101-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4314-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1101-U05 MAY-U05 17-U05 1995-U05 ORD 1101ÜÂ;¢f쨱equipment 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 procedure set out in this section regulating the notices inviting bids, the publication and posting of the notices, and the opening of the bids, shall be followed. A. Notice-Content. The notice inviting bids shall set a date for the opening of bids. All 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 the bids. B. Bids--Opening. All bids shall be returnable to the city clerk and at the hour and date stated in the notice. All bids shall be publicly opened and declared. From and after the time of their opening, the city clerk shall, upon request of any interested party, permit examination of such bids. C. Bids-Awarding. After opening of the bids, 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. 34.37 Cooperative purchasing agreements. A. Whenever the council finds that the public interest and convenience require, the City may purchase city supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies, without complying with the requirements of this chapter. 34.38 Contracts for services. Whenever directed by the city council to obtain administrative, legal, accounting or other professional or contractual services to be performed by a consultant, the Director of Administrative Services shall seek and obtain written request for qualifications RFQ) from qualified persons authorized to perform the services. He/she shall obtain a sufficient number of the proposals to insure that the cost thereof is consistent with the market. He shall thereafter select the lowest responsible proposal, based upon a performance or qualifications selection matrix, and offer the contract to the person. 34.39 Public works contracts. The Director of Administrative Services shall obtain, based upon written specifications, three informal bids from qualified persons to perform the work required for any public project defined as such in Section 20161 of the Public Contract Code of the state, as to which Section 20162 of the Public Contract Code does not require compliance with the formal bidding process contemplated by the Code sections. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Baldwin Park and shall, within fifteen 15) days after its final passage, cause the same to be published in a newspaper of general circulation which is hereby designated for that purpose, and this Ordinance shall take effect thirty 30) days after its passage. BIB] 37643-U01 ORD-U02 1101-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4314-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1101-U05 MAY-U05 17-U05 1995-U05 ORD 1101ÜÂ;¢f쨱 PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park at a regular meeting held on the 17th day of May, 1995. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on May 3,1995. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on May 17,1995 by the following roll call vote to wit: AYES Lozano, Lowes, Martinez, Muse & Mayor Vargas NOES No ABSENT No ABSTAIN No LINDA L. Gair, City Clerk BIB] 37643-U01 ORD-U02 1101-U02 LI2-U03 FO4263-U03 FO4300-U03 DO4314-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1101-U05 MAY-U05 17-U05 1995-U05