Ordinance No. 722
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ORDINANCE NO.
722
AN ORDINANCE OF THE CITY OF VERNON PROVIDING FOR THE
PURCHASE AND SALE OF SUPPLIES6 SERVICES AND EQUIPMENT.
THE CITY COUNCIL OF THE CITY OF VERNON ORDAINS AS FOLLOWS:
SECT ION 1:
ADOPTION OF PURCHASING SYSTEM.
In order to establish efficient procedures for the purchase of supplies,
services and equipment. to secure for the City supplies. services and
equipment at the lowest possible cost commensurate with quality needed. to
exercise control over purchases. to clearly define authority for the pur-
chasing function and to assure the quality of purchases. a purchasing
system is hereby adopted.
SECT ION 2:
CENTRALIZED PURCHASING DEPARTMENT.
14 There is hereby established a centralized Purchasing Department in which
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15 is vested authority for the purchase of supplies. services and equipment.
SECTION 3:
PURCHASING AGENT.
There is hereby
17 established the position of Purchasing Agent. He shall be appointed by the
18 City Council. and shall be under the direction and supervision of the City
19 Clerk. The City Clerk shall be the head, and have general supervision of
20 the Purchasing Department. The Purchasing Agent, under the direction
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I and supervision of the City Clerk. shall have authority to:
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(a) Purchase or contract for supplies. services and equipment
required by any using agency in accordance with purchasing procedures
prescribed by this ordinance. such administrative regulations as the Pur-
chasing Agent shall adopt for the internal management and operation of the
Purchasing Department and such other rules and regulations as shall be
prescribed by the City Council.
(b) Obtain quotations for the Purchase of supplies. services
and equipment.
(c) Act to procure for the City the needed quality in supplies.
services and equipment at least expense to the City.
(d) Discourage uniform bidding and endeavor to obtain as full
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and open competition as possible on all purchases.
(e) Prepare and recommend to the City Clerk, for submission to
the City Council, rules governing the purchase of supplies, services and
equipment for the City.
(f) Keep informed of current developments in the field of pur-
chasing, prices, market conditions and new products.
(g) Prescribe and maintain such forms as reasonably necessary
to the operation of this ordinance and other rules and regulations.
(h) Inspect all supplies, services and equipment purchased.
(i) Recommend to the City Council, with the approval of the City
Clerk, 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 unsuitable for City use.
(j) Maintain a Bidders t List, Vendors Catalog file and records
needed for the efficient operation of the Purchasing Department.
SECTION 4:
ESTIMATES OF REQUIREMENTS.
All using
agencies shall file detailed estimates of their requirements in supplies,
services and equipment in such manner, at such time, and for such future
periods as the Purchasing Agent, with the approval of the City Clerk, shall
prescribe.
SECT ION 5:
REQUISITIONS.
Using agencies shall submit
requests for supplies, services and equipment to the Purchasing Agent by
standard requisition forms.
SECT ION 6:
BIDDING.
Purchases of supplies, services,
equipment and the sale of personal property shall be by bid procedures pur-
suant to Sections 9 and 10. Bidding shall be dispensed with only when an
emergency requires that an order be placed with the nearest available source
of supply; when the amount involved is less than $100.00, or when the
commodity can be obtained from only one vendor.
SECT ION 7:
PURCHASE ORDERS.
Purchases of supplies,
services and equipment shall be made only by purchase order.
SECTION 8:
EXCEPTIONS.
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(a) Except in cases of emergency, the Purchasing Agent shall
2 not issue any purchase order for supplies, services or equipment unless there
3 are funds available to pay for same. Furthermore, except in cases of
4 emergency, the Purchasing Agent shall not issue any purchase order for
5 Ii capital items unless said capital items have been approved in the current
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6 budget or otherwise approved by action of the City Council.
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(b) This Ordinance shall not be deemed to apply to contracts for
8 contractual services, insurance or other agreements expressly authorized
9 by the City Council.
SECTION 9:
FORMAL CONTRACT PROCEDURE.
Except as
11 otherwise provided herein, purchases and contracts for supplies, services,
12 equipment and the sale of personal property of estimated value greater than
13 $2,000. 00 shall be by written contract with the lowest or highest responsible
14 bidder, as the case may be, pursuant to the procedure prescribed herein.
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(a) Notice Inviting Bids.
Notices inviting bids shall distinctly
16 state the project to be done, the articles to be purchased or sold, shall state
17 where bid blanks and specifications may be secured, and the time and place
18 for opening bids.
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1. Published Notice.
Notice inviting bids shall be published
20 at least ten days before the date of opening of the bids. Notice shall be pub-
21 i lished at least once in a newspaper of general circulation, printed and publishe
22 in the City, or if there is none, it shall be posted in at least three public
23 places in the City that have been designated by ordinance as the places for
24 posting public notices.
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2. Bidders' List.
The Purchasing Agent shall also solicit
26 sealed bids from prospective suppliers whose names are on the Bidderst
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List or who have requested their names to be added thereto. Unintentional or
inadvertent failure to notify anyone or more prospective suppliers shall not
affect the validity of any purchase or award of any contract.
(b) Bidder's Security.
Bidder's security shall 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
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1 refusal or failure to execute the contract within ten (10) days after the notice
2 of award of contract has been mailed, unless the City is responsible f or the
3 delay. The City Council may on refusal orfailure of the successful bidder to
4 execute the contract, award it to the next lowest responsible bidder. If the
5 City Council awards the contract to the next lowest bidder, the amount of the
6, lowest bidderts security shall be applied by the City to the difference between
7 the low bid and the second lowest bid, and the surplus, if any, shall be re-
8 turned to the lowest bidder.
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(c) Bid Opening Procedure.
Sealed bids shall be submitted to
10 the City Clerk and shall be identified as bids on the envelope. Bids shall be
11 opened in public at the time and place st ated in the public notices. All bids
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received shall be open for public inspection during regular business hours for
a period of not less than thirty (30) calendar days after theeid opening.
(d) Rejection of Bids. In its discretion, the City Council may
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reject any and all bids presented and re -advertise for bids.
(e) Award of Contracts.
Contracts shall be awarded by the City
17 Council to the lowest responsible bidder except as otherwise provided herein.
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(f) Tie Bids.
If two or more bids received are for the same
19 I total amount or unit price, quality and service being equal, and if the public
20 interest will not permit the delay of re-advertising for bids, the City Council
21 may accept the one it chooses or accept the lowest bid made by negotiation
22 with the tie bidders.
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(g) Performance Bonds.
The City Council shall have authority
24 I to require a performance bond before entering a contract in such amount as
25 it shall find reasonably necessary to protect the best interests of the City.
26 If the City Council requires a performance bond, the form and amount of the
27 bond shall be described in the notice inviting bids.
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OPEN MARKET PROCEDURE.
Purchases of
SECTION 10:
29 supplies, equipment, contractual services, and sales of personal property of
30 an estimated value in the amount of $2,000.00 or less may be made by the
31 Purchasing Agent in the open market without observing the procedure
32 I prescribed in Section 9.
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(a) Minimum Number of Bids.
Open Market Purchases shall,
2 whenever possible, be based on at least three bids, and shall be awarded to
3 the lowest responsible bidder.
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(b) Notice Inviting Bids.
The Purchasing Agent shall solicit
5 bids by written or telephone requests to prospective vendors.
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(c) Written Bids.
Sealed written bids shall be submitted to the
7 Purchasing Agent who shall keep a record of all open market orders and bids
8 for a period of one year after the submission of bids or the placing of orders.
9 This record, while so kept, shall be open to public inspection.
SECTION 11:
INSPECTION AND TESTING.
The Purchasing
Agent shall have authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries.
SECTION 12:
SURPL US SUPPLIES AND EQUIPMENT.
All
using agencies shall submit to the Purchasing Agent, at such times and in
such form as he shall prescribe, reports showing all supplies and equipment
which are no longer used or which have become obsolete or worn out. The
Purchasing Agent shall have authority to sell all supplies and equipment which
cannot be used by any agency or which have become unsuitable for City use,
or to exchange the same for, or trade in the same on, new supplies and equip-,
ment. Such sales shall be made pursuant to Section 9 or lO, whichever is
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SECTION 13:
SEVERABILITY.
If any section, subsection,
subdivision, sentence, clause or phrase of this ordinance 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 anyone or more sections, subsections, subdivisions,
sentences, clauses or phrases be declared unconstitutional.
SECTION 14:
PUBLISHING.
There being no newspaper
printed, published and circulated in the City of Vernon, the City Clerk is
hereby directed to certify to the passage of this Ordinance and shall post
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1 same, or cause same to be posted, in three of the most public places in the
2 City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe
3 Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard;
4 and on the bulletin board in the lobby of the City Hall of said City, located
5 at 4305 Santa Fe Avenue, all in the City of Vernon, Los Angeles County,
6 California; that this ordinance shall be in full force and effect thirty (30)
7 days from and after the date of posting thereof.
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ADOPTED and APPROVED this
1958.
November
5th
ATTEST:
~ -
~. ~tYClerk
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES)
I.. F. A. ZIEMER, City Clerk of the City of Vernon, do hereby
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certify that the foregoing Ordinance, being Ordinance No. 722, was duly
and regularly introduced at a regular meeting of the City Council of the City
of Vernon held on October 21, 1958, and thereafter finally adopted at a
regular meeting of the City Council held on November --2..- 1958, by the
following vote:
AYES:
Councilmen Anderson, Furlong, Mailliard,
t-'Ialburg, Paxon
Councilm en None
NOES:
ABSENT:
Councilmen None
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. F. . Ziemer, City Clerk
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AFFIDAVIT OF POSTING
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6 STATE OF CALIFORNIA )
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7 COUNTY OF LOS ANGELES ) ss.
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8 CITY OF VERNON )
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I.. F. A. ZIEMER, City Clerk of the City of Vernon, do hereby
certify that I did, on the 6 th
November
day of
, 1958, post
12 three (3) copies of Ordinance No. 722, one in each of the following places,
13 to wit: at the northwest corner of 38th Street and Santa Fe Avenue, at
14 the northeast corner of Leonis Boulevard and Pacific Boulevard, and on
15 the bulletin board in the lobby of the City Hall of the City of Vernon,
16 located at 4305 Santa Fe Avenue, in said City, there being no newspaper
17 of general circulation printed and published in the City of Vernon.
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November
Signed this 6th day of
. 1958.
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F.1\.. Ziemer, City Clerk
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SUbscri~~ and sworn to before me
this t- -- day of );~ 1958.
-- .. to
~.<<1f! /fJA/t~
N o~ry ''?ubl1 III and for the County of
Los Angeles, State of California.
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