HomeMy WebLinkAboutORD 2A (1995)ORDINANCE 2A (1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING THE PURCHASING SYSTEM
The City Council of the City of Diamond Bar ordain as follows
Section 1. Section 3.24.070 of Section 24 of Title 10 of the Diamond Bar Municipal Code is
amended to read:'
"Use of Purchase Orders - Purchase of supplies, services and equipment shall be made by
purchase order or City Council approved contract. Except in cases of emergency as defined herein,
no officer or employee of the City shall request a supplier to deliver supplies, services and
equipment to the City unless a purchase order is issued by the purchasing agent or his designated
representative. Purchase orders shall not be required for purchases costing less than five hundred
dollars ($500.00)
Section 2 Section 3.24.120 of Section 24 of Title 10 of the Diamond Bar Municipal Code is
amended to read:
"Informal Bid Procedures - Purchases of supplies, services and equipment of an estimated
value in the amount of between one thousand and fifteen thousand dollars may be made by the City
Manager in the open market pursuant to the procedure prescribed below.
(a) Minimum number of bids. Purchases shall be based on at least three bids, and shall be
awarded to the lowest responsible bidder, except as provided within this Ordinance.
(b) Solicitation of bids. The purchasing agent may solicit quotations by written request to
prospective suppliers, or by telephone.
(c) Temporary Staffing, and Professional and Consultant Services. Proposals for all
Temporary Staffing, and Professional and Consultant Services may be obtained pursuant to this
section. Contracts in excess of fifteen thousand dollars ($15,000) shall be approved by the City
Council.
(d) Response to Solicitation. If purchase cost is estimated to be five thousand dollars
($5,000) or less, verbal quotation responses may be accepted. If the purchase cost is estimated to be
between five thousand and one dollars and fifteen thousand dollars ($5,001 to $15,000) written
quotation responses should be obtained.
(e) Selection of Temporary Staffing, and Professional and Consultant Service Providers. It
is not mandatory that a contract for temporary staffing, and professional and consultant services be
awarded to the lowest proposer when it is believed that the quality of service or technical expertise
provided by a higher proposer warrants their selection. Reasons for the selection of any proposer,
other that the low proposer shall be in writing and shall be retained with the record of quotation.
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(f) Record of quotations. The purchasing agent shall keep a record of all open market
procurement and quotations for a period of three years after audit of the fiscal year in which the
purchase was made. This record, while so kept, shall be open to public inspections."
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Section 3 Section 3.24.130 of Section 24 of Title 10 of the Diamond Bar Municipal Code is
amended to read:
"Formal Bid Procedures - Except as otherwise provided` herein, purchases of supplies,
services and equipment of an estimated value greater than fifteen thousand dollars, shall be by
written bid with City Council approval prior to award to the lowest responsible bidder, pursuant to
the procedure prescribed herein.
(a) Notice inviting bids. Notices inviting bids shall include a general description of the
supplies, service or equipment to be purchased, shall state where bid forms and specifications may
be secured, and the time and place for opening bids.
1. Published notice. Notice inviting bids shall be published at least ten days before the date
of the opening of the bids. Notice shall be published at least once in a newspaper of general
circulation, published in the area of the City.
2. Bidders' lista The purchasing agent shall also solicit sealed bids from all responsible
prospective suppliers whose names are on the bidder's list or who have requested their names to be
added thereto. The purchasing agent shall take appropriate affirmative actions to notify and
encourage City-locatedbusinesses to submit their respective firm's names, addresses, telephone
numbers; and their products and/or services in which they transact business.
(b) Bidder's security. When deemed necessary by the purchasing officer,.bidders' security
may 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 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 it 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. The City Council may reject all
bids and re -advertise.
(c) Bid opening procedure. Sealed bids shall be submitted to the City Clerk and shall be
identified as "bids" on the envelope. The City Clerk, or designee, shall publicly open all bids atthe
time and place stated in the public notices. A tabulation of all bids received shall be available for
public inspection during regular business hours for a period of not less than thirty calendar days
after the bid opening.
(d) Rejection of bids. At its discretion, the City Council may reject any and all bids and re -
advertise for bids. However, when all bids exceed the authorized budgeted amount, the City
Manager may authorize rejection of all bids and authorize re -bidding based upon the original
specifications or as they maybe modified, in accordance with procedures prescribed herein.
(e) Award of bids. Bids shall be awarded by the City Council to the lowest responsible
bidder except as otherwise provided herein.
(f) Tie Bids. If two or more bids received are the same total amount or unit price, quality
and service being equal and if the public interest will not permit the delay of re -advertising for bids,
the City Council may accept the one it chooses or accept the lowest bid made by negotiation with tie
bidders at the time of the bid opening."
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Section 4. Section 3.24.190 of Section 24 of Title 10 of the Diamond Bar Municipal Code is
amended to read:
"Contractual Authority - The City Manager is authorized to enter into contracts where the
amount of the contract does not exceed fifteen thousand dollars with any single vendor within a
fiscal year; provided there exists an unencumbered appropriation in the fund account against which
said expense is to be charged. Contracts in excess of the City Manager's authority must be ,
approved by the City Council. In the case of Professional Services, where there does not exist an
specific appropriation in the fund account against which said expense is to be charged, the City
Manager's expense authorization shall not exceed five thousand dollars ($5,000).
Section 5. Severability.
If any section, subsection, sentence, clause, portion or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses,
portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, portion or phrase thereof
irrespective of -the fact that any one or more sections, subsections, sentences, clauses, onions, or
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phrases of the Ordinance might subsequently be declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the adoption of this ordinance and shall cause the
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same to be published as required by law.
ADOPTED AND APPROVED this 15th day of ,Tune 1999.
Mayor
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