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Ordinance - 1761ORDINANCE 1761 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 2-333 AND 2-334 OF THE WEST COVINA MUNICIPAL CODE REGARDING PURCHASING PROCEDURES. THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2-333 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 2-333. Formal contract procedure. "Except as otherwise provided herein, purchases and contracts for supplies, services and equipment of a value greater than ten thousand dollars ($10,000.00) shall be by written contract with or written purchase order to the. lowest responsible bidder, pursuant to the procedure prescribed herein: "(a) Lowest responsible bidder. "Lowest responsible bidder", as used in this chapter, shall mean that bidder which best responds in price, quality, service, fitness, or capacity to the particular requirements of the City. Price alone shall not be the determining factor but shall be considered along with other factors, including, but not limited to, the ability of the bidder to deliver, availability of parts or service, prior experience with the bidder, and other factors relating to the particular needs of the City for the supplies, equipment, or services to be purchased. "(b) 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: (1) Published notice. Notice inviting bids shall be published in a newspaper of general circulation in the City at least ten (10) days before the date.of opening of the bids. is purchasing Bidders' list. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list • or who have requested their names to be added thereto. (3) Bulletin Board. The purchasing officer shall also advertise pending purchases by a notice posted on a public bulletin board in the City Hall. "(c) Bidders' security. When considered necessary by the purchasing officer, bidders' security may be prescribed in the notices inviting bids. Bidders shall be entitled to the return of bid securities; provided, however, a successful bidder shall forfeit the bid security upon the refusal or failure of the bidder to execute the contract within the time designated in the bid specifications. The Council, on the refusal or failure of the successful bidder to execute the contract, may award the contract to the next lowest responsible bidder. If the 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 contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. "(d) Confidentiality of bids. Any bid received pursuant to the provisions of this chapter shall not be disclosed directly or indirectly to any other bidder until the bidding is closed and other further bidding is excluded. "(e) Bid opening 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 on 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. "(f) Award of contracts. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. "(g) Tie bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest would not be promoted by readvertising for bids, the City Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders -2- SFF/ORD5856 at the time of the bid opening. In case of tie, preference shall be given to is local bidders. "(h) Performance bonds. The purchasing officer shall have authority to require a performance bond before entering a contract in such amount as he shall find reasonably necessary to protect the best interests of the City. If he requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. "(i) Waivers. The formal contract procedures set forth in this Section may be waived in the following circumstances: (1) When the City Council, pursuant to motion or resolution, finds that it is in the public interest and necessity or that it is impractical to purchase supplies or equipment in compliance with the formal contract procedures set forth in this Section; (2) When the successful bidder for a contract with another county, city, special district or other local agency makes the same written bid to the City, and the purchasing officer finds that the other local agency originally obtained the bid pursuant to formal contract procedures at least as rigorous as those of the City." SECTION 2. Section 2-334 of the West Covina Municipal Code is hereby amended to read as follows: . "Purchases of supplies and equipment of an estimated value of less than ten thousand dollars ($10,000.00) dollars may be made by the purchasing officer in accordance with the procedures set forth in this section without compliance with the formal contract procedure set forth in Section 2-333. The purchasing officer shall solicit competitive bids for all such purchases pursuant to the procedure prescribed herein: "(a) Except where competitive bidding is not required, bids shall be solicited for purchases of supplies or equipment and awarded to the lowest responsible bidder, as defined in subsection (a) of Section 2-333 as follows: (1) For purchases of less than ten thousand dollars ($10,000.00) and more than five thousand dollars -3- $FF/ORD5856 • ($5,000.00), at least three (3) written bids shall be required; and (2) For purchases of five thousand dollars ($5,000.00) or less, but more than five hundred dollars ($500.00), the bid may be verbal or written. A minimum of three (3) bids shall be obtained. "(b) The purchasing officer shall keep a record of all open market orders and bids for a period of one year after the submission of bids or placing of orders. This record shall be open to the public. "(c) The competitive bidding procedures set forth in this Section may be waived in the following circumstances: (1) While striving to obtain the best pricing for the City, the purchase has an estimated value of less than five hundred dollars ($500.00); (2) In the case of a purchase of less than ten thousand dollars ($10,000.00) but more than five thousand dollars ($5,000.00), where the City Manager finds that it is in the public interest and necessity to make the purchase without competitive bidding, or that there is only a single source of supply, or that it is impractical to do so; and (3) In the case of a purchases of five thousand dollars ($5,000.00) or less, where the purchasing officer finds that it is in the public interest and necessity to make the purchase without competitive bidding, or that there is only a single source of supply, or that it is impractical to do so." SECTION 3. The effective date of this ordinance shall be 1/1/88. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. 190/ . PASSED AND APPROVED this 23rd day of November A=ST : CITY CLERK SFF/ORD5856 .'m 5 MAYOR C7 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ) I , Helene M. Mooney , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1761 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of November , 1987. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of November , 1987 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: SFF/ORD5856 -5- Tennant, Bacon, Manners, Chappell None Shearer CITY CLERK CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. / 74� was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. V4*4c� 4'me� Janet Berry, City Clerk City of West Covina, Ca ornia DATED: S s_