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
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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
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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 ($10,000.00)
and more than five thousand dollars
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$FF/ORD5856
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($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
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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_