Ordinance No. 1047
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ORDINANCE NO. 1047
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF VERNON, CALIFORNIA, 1959, BY AMENDING SECTIONS
2.24, 2.25, 2.27, 2.28 AND 2.29 AND BY ADDING
SECTIONS 2.29-1, 2.29-2 AND 2.29-3 REGARDING THE
PROCEDURES FOR THE AWARD OF CONTRACTS AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT THEREWITH
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WHEREAS, the City of Vernon is a charter city in the state
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of California and has the authority to enter into contracts pursuant
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to section 8.10 of the Charter of the City of Vernon; and
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WHEREAS, Chapter 2, Article IV, consisting of sections 2.17
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to 2.31 of the Vernon City Code, sets forth the procedures for
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awarding contracts by the City of Vernon; and
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WHEREAS, pursuant to section 2.24 of the Vernon City Code
14 bids may be waived only in emergencies, for purchases of less than
15 $100.00, or when the commodity can be obtained from only one vendor;
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WHEREAS, purchasing procedures will be improved if the
18 maximum amount contained in section 2.24 is increased to $1,000.00
19 and if alternative procedures for bids are consolidated in section
20 2.27;and
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WHEREAS, purchasing procedures will be improved if all
22 contracts, after approval by the city council, are issued a purchase
23 order which will be used for issuance of warrants and checks
24 pursuant to such contracts.
25 WHEREAS, a provision authorizing bids for annual supply
26 contracts will provide for'economy and simplicity in purchasing; and
27 WHEREAS, the formal contract procedure for contracts and
28 sales in section 2.29 of the Vernon City Code is currently required
1 for contracts in excess of $10,000.00 and the open market procedure
2 in Section 2.28 is only authorized for purchases less than that
3 amount; and
4 WHEREAS, contracting procedures will be improved if the
5 amounts in Sections 2.28 and 2.29 are increased to $25,000.00; and
6 WHEREAS, clarification is needed with respect to purchases
7 and contracts for (1) work force or day labor, (2) utility
8 transmission and supply, (3) requests for proposals, (4)
9 professional or consulting services, 5) formal contract procedure,
10 (6) open market procedure, (7) annual supply contracts, (8) requests
11 for proposals, and (9) negotiated contracts; and
12 WHEREAS, in Section 2.27 of the Vernon City Code, cross-
13 referenced statutes have been changed from the Government Code to
14 the Public Contract Code and the cross-references need to be
15 corrected; and
16 WHEREAS, the City of Vernon is uniquely industrial in
17 character and will benefit from the adoption of procedures for
18 awarding contracts specifically adapted to the City of Vernon as set
19 forth herein; and
20 WHEREAS, said amendments will benefit the public health,
21 safety, and welfare of the City of Vernon, its residents,
22 businesses, industries, and their employees.
23 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
24 SECTION 1: Findinqs.
25 The City Council of the City of Vernon hereby finds and
26 determines that the recitals contained hereinabove are true and
27 correct.
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1 SECTION 2: The City Council of the City of Vernon hereby
2 amends Section 2.24, "Bidding generally," of the Code of the City of
3 Vernon to read as follows:
4 Sec. 2.24. Bidding generally.
5 The purchases and contracts for supplies, services,
6 equipment, public works, and the sale of personal property
7 shall be in accordance with the procedures set forth in
8 sections 2.28, 2.29, 2.29-1, 2.29-2 and 2.29-3.
9 SECTION 3: The City council of the City of Vernon hereby
10 amends section 2.25, "Purchase orders required," of the Code of the
11 City of Vernon to read as follows:
12 Sec. 2.25. Purchase orders required.
13 All purchases of supplies, services, equipment and public
14 works, including those made by contract, shall be made only by
15 purchase order. No warrant or check shall be issued for any
16 such purchase without a purchase order number.
17 SECTION 4: The City Council of the City of Vernon hereby
18 amends section 2.27, "Waiver of purchase procedures," of the Code of
19 the City of Vernon to read as follows:
20 Sec. 2.27. Alternative procedures.
21 (a) In the event that the city council finds that it is in
22 the public interest and necessity, the purchasing agent may
23 make a purchase or enter into a contract without compliance
24 with the procedures set forth in this article.
25 (b) The following purchases or contracts shall not be
26 subject to the formal. contract procedures set forth in section
27 2.28, but to the extent practicable, the open market procedure
28 in section 2.29 shall be followed for such transactions.
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Contractual
services,
(1)
insurance
or
other
agreements expressly authorized by the city council.
(2) Transactions made pursuant to sections 10324 and
10325 of the Public Contract Code.
(3) The acquisition, sale, or transmission of
electrical power, gas, water, or telecommunications, subject to
city council approval of the procedures for such transactions.
(4) When an emergency requires that an order be
placed with the nearest available source of supply.
(5) When the amount involved is one thousand dollars
($1,000.00) or less.
(6) When the commodity can be obtained from only one
vendor.
(7) For professional or consulting services.
(c) The city- council may determine that any project or
part thereof shall be performed by city employees or by day
labor.
SECTION 1: The city Council of the City of Vernon hereby
amends section 2.28, "Formal contract procedure," of the Code of the
City of Vernon to read as follows (subparagraphs (a) through (g)
shall remain unchanged) :
Sec. 2.28. Formal contract procedure.
Except as otherwise provided for herein, purchases and
contracts for supplies, services, equipment, public works, and
the sale of personal property of an estimated value greater
than twenty-five thousand dollars ($25,000.00) and the purchase
of all vehicles shall be by written contract awarded to the
lowest responsible bidder in the case of a purchase or
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contract, or to the highest responsible bidder in the case of
a sale, pursuant to the procedures prescribed herein. No
notice inviting bids shall be issued except as authorized by
resolution of the city council.
SECTION 2: The City Council of the City of Vernon hereby
amends section 2.29, "Open market procedure," of the Code of the
City of Vernon to read as follows:
Sec. 2.29. Open market procedure.
Purchases and contracts for supplies, services, equipment,
and the sale of personal property of an estimated value of
twenty-five thousand dollars ($25,000.00) or less may be made
by the purchasing agent in the open market and are not subject
to the procedures prescribed in section 2.28.
(a) Minimum number of bids. Open market purchases and
contracts shall, whenever possible, be based on at least three
written bids.
(b) Lowest responsible bidder. To the extent practicable
such purchases and contracts shall be awarded to the lowest
responsible bidder.
(c) Notice invitinq bids.
written or telephone request
Bids may be solicited by
from prospective vendors or
contractors.
(d) Negotiation. The purchasing agent in consultation
with the originating department may negotiate any such purchase
or contract, or may. call for sealed written bids to be
submitted by a date and time specified.
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1 (e) Sealed written bids. When sealed written bids are
2 required, they shall be submitted to the purchasing agent prior
3 to the date and time specified, but shall not be opened prior
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5 (f) Record. The purchasing agent shall keep a record of
6 all open market bids and orders for a period of one year after
7 the submission of bids or the placing of orders. This record,
8 while so kept, shall be open to public inspection.
9 (g) Rejection. The purchasing agent may reject all
10 written bids and may subsequently negotiate any such purchase
11 or contract, or call for rebids.
12 SECTION 7: The city council of the City of Vernon hereby
13 adds Sections 2.29-1, 2.29-2, and 2.29-3 to the Code of the City of
14 Vernon to read as follows:
15 Sec. 2.29-1. Annual supply contracts~
16 The purchasing agent may arrange for the annual supply of
17 goods, commodities, or equipment by utilizing the formal bid
18 procedure for an annual contract of supply which specifies the
19 goods, commodities, equipment or general categories thereof to
20 be acquired, and the prices therefor. Acquisitions under such
21 contracts shall thereafter be made by purchase order. No such
22 contract shall be exclusive and the purchasing agent may
23 authorize acquisition by purchase order from any other supplier
24 which offers more favorable terms and conditions. Any such
25 contract shall be rebid on an annual basis.
26 Sec. 2.29-2. Request for a proposal.
27 The city council may by resolution direct the purchasing
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(RFP) to one or more vendors or contractors for a purchase or
contract for supplies, service, equipment, or public works of
an estimated value greater than twenty-five thousand dollars
and no cents ($25,000.00).
(a) The request for proposal shall be in writing and shall
include detailed written specifications for the supplies,
services, equipment, or public works.
(b) Proposals may be negotiated by the purchasing agent or
city officer.
(c) All proposals received shall be reported to the city
council with a recommendation for action.
(d) The city council may award a contract for a proposal,
reject all proposals, or call for a new proposal.
Sec. 2.29-3. Negotiated contracts.
The city council may by resolution direct the purchasing
agent or other city officer to enter into negotiations with a
specified vendor or contractor for the purchase or contract for
supplies, services, equipment or public works.
(a) The city council shall make reasonable findings
setting forth the reasons for specifying such vendor or
contractor including the qualifications and experience thereof.
(b) To the extent practicable detailed written
specifications shall be prepared describing the supplies,
services, equipment, or public works to be provided.
(c) The results of the negotiations shall be reported to
the city council with. a recommendation for action.
(d) The city council may reject the negotiations, enter
into a contract, have a purchase order issued, or call for new
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1 negotiations.
2 SECTION 8: Conflict.
3 Any ordinance, part of an ordinance, or code section in
4 conflict with this Ordinance is hereby repealed.
5 SECTION 9: Severabilitv.
6 If any section, subsection, sentence, clause, or phrase or
7 word of this ordinance is for any reason held to be void or
8 unconstitutional, such decision shall not affect the validity of the
9 remaining portions of this ordinance; it being the intention of the
10 city Council of the City of Vernon to adopt and pass this ordinance
11 and each section, subsection, sentence, clause or phrase thereof
12 irrespective of the fact that one or more of the sections,
13 subsections, clauses, sentences or phrases thereof may be declared
14 void or unconstitutional.
15 SECTION 10: Notice.
16 There being no newspaper printed, published or circulated
17 in the City of Vernon, the City Clerk is hereby directed to certify
18 to the passage of this ordinance and shall post the same, or cause
19 the same to be posted, within fifteen (15) days after its passage in
20 accordance with Section 36933 of the Government Code, in three (3)
21 of the most public places in the City of Vernon, to wit: the
22 northwest corner of 38th Street and Santa Fe Avenue, the northeast
23 corner of Leonis Boulevard and Pacific Boulevard, and on the
24 bulletin board in the lobby of the City Hall of said City, located
25 at 4305 Santa Fe Avenue, all in the city of Vernon, County of Los
26 Angeles, State of California.
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SECTION 11:
This ordinance shall be in full force and
2 effect thirty (30) days from and after its passage of the same.
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APPROVED AND ADOPTED this 15th day of July
, 1997.
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8 BRUCE V. MALKtNHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
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do hereby certify that the foregoing Ordinance, being Ordinance No.
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1047, was duly and regularly introduced at a regular meeting of the
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City Council of the City of Vernon, held on Tuesday, July 1, 1997,
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and thereafter finally adopted at a regular meeting of said city
8 Council held on Tuesday,
July 15
, 1997, and thereafter was duly
9 signed by the Mayor of the city of Vernon, by the following vote:
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AYES:
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Councilmen: Malburg, Ybarra, Davis
Gonzales, McCormick
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NOES:
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Councilmen: None
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ABSENT:
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cou~rnen: N/~~~
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
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THOMAS A. YBARRA
Mayor Pro-Tem
Wrn. "BILL" DAVIS
Councilman
R "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
CITY HALL
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
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DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETHJ. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
May 15, 1997
City Council
City of Vernon
Honorable Members:
Staff has performed extensive research of public contracts law and
procedures in the State of California, and based on said research an
ordinance revising Vernon City Code Sections 2.24, 2.27, 2.28, and
2.29 has been prepared. The ordinance increases the amounts which
distinguish between three categories of purchases or contracts: (1)
those not requiring bids, (2) those allowing purchases on the open
market pursuant to an informal bid procedure, and (3) those requiring
formal bid procedures. Henceforth, purchases less than $1,000 will
not require a bid. The proposed revisions have been reviewed by the
Community Services Department and the Light and Power Department, and
it is hereby recommended that the an ordinance amending the procedures
for purchasing and contracts be adopted.
truly yours,
Bruce V. M:2:~4/~
City Clerk
BVM/gjo
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