HomeMy WebLinkAboutORD 01 (2003)ORDINANCE NO. 01 (2003)
AN ORDINANCE OF THE CITY OF
DIAMOND BAR AMENDING PROVISIONS OF
THE CITY'S PURCHASING SYSTEM
AND AMENDING THE DIAMOND BAR
MUNICIPAL CODE
The City Council of the City of Diamond Bar does ordain as follows:
Section 1. Section 3.24.120 of Title 3, Chapter 3.24 of the Diamond Bar
Municipal Code is replaced in its entirety with the following:
Informal bid procedures
Purchases of supplies, services and equipment of an estimated value of
$1,000 and $25,000 may be made by the City Manager in the open market pur
the procedures described below:
(a)
Minimum number of bids: Purchases shall be based on at least ti -
competitive bids and shall be awarded to the lowest responsible
bidder, except as provided within this Chapter.
(b)
Solicitation of bids: The purchasing agent may solicit quotations fry
(c)
prospective suppliers orally or in writing.
Temporary
staffing and professional and consultant services:
Proposals for all temporary staffing and professional and consultin
services may be obtained pursuant to the section. Contracts in ex
of $25,000 shall be approved by the City Council.
(d)
Responses to solicitation: If purchase cost is estimated to be $5,0
or less, verbal quotation responses may be accepted. If the porch;
cost is estimated to be between $5,001 and $25,000, written
quotations responses shall be obtained.
(e)
Selection of temporary staffing and professional and consulting
services providers: It is not mandatory that a contract for temporar
staffing and professional and consulting services be awarded to th(
lowest responsible bidder when it is believed that the quality of the
service or the technical expertise provided by the higher bidder
warrants that selection. Reasons for selection of any bidder other t
the lowest responsible bidder shall be in writing and shall be retain(
with the record of the quotation.
(f)
Record of quotations: A record of all open market procurements ar
quotations shall be kept 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 inspection.
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Section 2. Section 3.24.130. of Title 3, Chapter 3.24 of the Diamond Bar
Municipal Code is replaced in its entirety with the following:
Except as otherwise provided herein, purchases of supplies, services and
equipment of an estimated value greater than $25,000 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' list. 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 -
located businesses 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 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 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 at the 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 tile
authorized budgeted amount, the City Manager may authorize rejection
of all bids and authorize re -bidding based upon the original
specifications or as they may be modified, in accordance with
procedures prescribed herein.
(e) Award of bids. Bids shall be awarded by the City Council to the low
responsible bidder except as otherwise provided herein.
(f) Tie Bids. If two or more bids received are the same total amount or
price, quality and service being equal and if the public interest will i
permit the delay of re -advertising for bids, the City Council may ac(
the one it chooses or accept the lowest bid made by negotiation wi
bidders at the time of the bid opening.
Section 3. Section 3.24.190 of Title 3, Chapter 3.24 of the Diamond Bar
Municipal Code is amended to read:
The City Manager is authorized to enter into contracts where the amount of ti
contract does not exceed $25,000 provided that an unencumbered appropria
exists 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
Council. In the case of Professional Services, where there does not exist a
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).
PASSED, APPROVED AND ADOPTED this zsth day of March 2003
MAYOR
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I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do
hereby certify that the foregoing Ordinance was introduced at a regular meeting of the
City Council of the City of Diamond Bar held on the 4t" day of March and was finally
passed at a regular meeting of the City Council of the City of Diamond Bar held on the
18th day of March , 2003, by the following vote:
AYES: COUNCIL MEMBERS: Chanq, O'Connor, Zirbes,
MPT/Huff, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
Lynda Burgess, City Clerk
City of Diamond Bar