ORDINANCE 1421ORDINANCE NO. 1421
AN ORDINANCE AMENDING CHAPTER 7 TO TITLE 1 OF THE
EL SEGUNDO MUNICIPAL CODE ( "ESMC ") IN ITS ENTIRETY
TO ESTABLISH PURCHASING PROCEDURES FOR CITY
PURCHASES AND SERVICES.
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: Chapter 7 to Title 1 of the El Segundo Municipal Code ( "ESMC ") is
amended in its entirety to read as follows:
"Chapter 7
PURCHASING
Sec. 1-7-1.
Purpose.
Sec. 1-7-2.
Definitions.
Sec. 1 -7 -3.
Purchasing Officer Designated.
Sec. 1 -7-4.
Purchasing Officer's Powers and Duties.
Sec. 1 -7 -5.
Encumbering Funds.
Sec. 1-7-6.
Requisitions.
Sec. 1 -7 -7.
Purchasing — Up to $10,000.
Sec. 1 -7 -8.
Purchasing — Over $10,000 and up to $25,000.
Sec. 1 -7 -9.
Purchasing — $25000 and above.
Sec. 1-7-10.
Waiver.
Sec. 1 -7 -11.
Cooperative Purchasing.
Sec. 1 -7 -12.
Emergency Purchasing.
Sec. 1 -7 -13.
Segmentation Prohibited.
Sec. 1 -7 -14.
Inspection.
Sec. 1 -7 -15.
Professional Services.
Sec. 1-7-1. Purpose.
This chapter is adopted for the purpose of authorizing city officers to procure
services, supplies, and equipment and establishing the manner by which such
actions may occur. Nothing in this chapter is intended to, nor does it, apply to
public works projects as defined by state law.
Sec. 1-7-2. Definitions.
Unless the contrary is stated or clearly appears from the context, the following
definitions will govern the construction of the words and phrases used in this
chapter:
A. "Contract" may include a purchase order, contract, or professional
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services contract as the context may dictate.
B. "Supplies" includes general services; equipment, and other office
supplies. "Supplies" does not include professional services.
Sec. 1 -7 -3. Purchasing Officer Designated.
The city manager is designated as the city's purchasing officer. By written
designation, the city manager may delegate purchasing officer responsibilities to
another appointed officer. Supplies for city departments must be purchased in
accordance with this code, those administrative regulations promulgated
pursuant to this chapter, and such additional regulations that the city council may
adopt.
Sec. 1 -7 -4. Purchasing Officer's Powers and Duties.
In addition to those powers granted by applicable law, the purchasing officer has
the authority and duty to:
A. Purchase or contract for supplies;
B. Promulgate administrative rules and regulations to implement the
purposes of this chapter and as approved by the city manager,
C. Prescribe and maintain such forms as necessary for the proper
operation of this purchasing system;
D. Supervise the inspection of all supplies purchased under this
chapter, in order to ensure conformance with city specifications;
E. Maintain current bidder's list, vendor catalogs, files and such other
records as needed to perform job duties;
F. Perform such other tasks as may be necessary for the proper
conduct of purchasing of supplies.
Sec. 1 -7 -5. Encumbering Funds.
Except as otherwise provided, the purchasing officer may not purchase supplies
unless there is an unencumbered appropriation in the fund account against which
such purchase would be charged.
Sec. 1-7-6. Requisitions.
All city departments must submit requisitions for supplies to the purchasing
officer.
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Sec. 1 -7 -7. Purchasing —Up to $10,000.
Purchases made for supplies with an estimated value of up to $10,000 may be
purchased on the open market without bidding requirements.
Sec. 1 -7 -8. Purchasing — Over $10,000 and up to $25,000.
Purchases made for supplies with an estimated value over $10,000 and up to
$25,000 require the following:
A. Purchases must, whenever possible, be based upon at least three
(3) bids and be awarded to the lowest responsible bidder;
B. Bids must be written;
C. The purchasing officer or department directors may solicit such
bids.
D. Notices inviting informal bids must be mailed, electronically mailed,
or faxed at least ten (10) days before the deadline for submitting
bids to all vendors on the city's list for the category supplies being
sought and to such other vendors as the purchasing officer deems
appropriate.
E. The notice soliciting bids must describe the supplies needed in
general and generic terms, identify security required for the bid,
how bid specifications can be obtained, and designated the
deadline and place for submitting informal bids.
F. The purchasing officer may require bidders to secure bids and
performance in a manner approved by the purchasing officer and in
a form approved by the city attorney. Unsuccessful bidders are
entitled to the return of bid security within sixty (60) days after the
date of the award.
G. Bids must be submitted to the city clerk's office in a sealed
envelope and be clearly marked as a bid along with the bidder's
name and project number written on the outside of the envelope.
The city clerk's office will open properly submitted bids at the time
and place stated in the notice inviting bids. A written record and
tabulation must be made at the time all bids are received and then
opened.
H. Bids may be evaluated based upon bid amount, compliance with
bid specifications, responsibility of the bidder, and any other
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reasonable matter identified in the notice soliciting bids, this code,
or any other rule or regulation promulgated to implement this
chapter.
If the city does not receive any bids, the purchasing officer may act
as follows, provided the requesting department concurs:
Abandon the purchase;
2. Re- bidding the purchase on an informal basis; or
3. Purchase the supplies on a direct negotiated contract.
J. If the purchasing officer determines bids are unacceptably high, or
specifications were misleading, the purchasing officer may reject
any bids presented and the item may be rebid.
K. The purchasing officer may reject all bids or award the purchase
contract to the best qualified bidder whose bid or proposal fulfills
the purpose intended according to criteria designated in the
solicitation, provided that the contract award amount is within the
unencumbered appropriation for that item. The purchasing officer
may waive any minor bid irregularities.
L. If a successful bidder refuses to comply with, or fails to execute, a
contract issued by the city within ten (10) days after being awarded
the contract, the city may cancel the award and retain any bid
security. Compliance with contract requirements includes, without
limitation, submission of insurance documentation. Should this
occur, the purchasing officer may award the contract to the next
lowest responsible bidder.
Sec. 1 -7 -9. Purchasing — $25000 and above.
Purchases made for supplies with an estimated value of $25000 or more require
the following:
A. Notices inviting informal bids must be posted at city hall and mailed,
electronically mailed, or faxed at least ten (10) days before the
deadline for submitting bids to all vendors on the city's list for the
category supplies being sought and to such other vendors as the
purchasing officer deems appropriate.
B. The notice soliciting bids must describe the supplies needed in
general and generic terms, identify security required for the bid,
how bid specifications can be obtained, and designated the
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deadline and place for submitting informal bids.
C. The purchasing officer may require bidders to secure bids and
performance in a manner approved by the purchasing officer and in
a form approved by the city attorney. Unsuccessful bidders are
entitled to the return of bid security within sixty (60) days after the
date of the award.
D. Bids must be submitted to the city clerk's office in a sealed
envelope and be clearly marked as a bid along with the bidder's
name and project number written on the outside of the envelope.
The city clerk's office will open properly submitted bids at the time
and place stated in the notice inviting bids. A written record and
tabulation must be made at the time all bids are received and then
opened.
E. Bids may be evaluated based upon bid amount, compliance with
bid specifications, responsibility of the bidder, and any other
reasonable matter identified in the notice soliciting bids, this code,
or any other rule or regulation promulgated to implement this
chapter.
F. The department seeking the supplies, will make a recommendation
to the city council regarding the award of a contract based upon the
department's and purchasing officer's evaluation.
G. If the city does not receive any bids, the city council may:
1. Abandon the purchase;
2. Authorize rebidding the purchase on an informal basis; or
3. Authorize purchasing the supplies on a direct negotiated
contract.
H. If the city council determines bids are unacceptably high, or
specifications were misleading, the purchasing officer may reject
any bids presented and the item may be rebid.
The city council may reject all bids or award the purchase contract
to the best qualified bidder whose bid or proposal fulfills the
purpose intended according to criteria designated in the solicitation,
provided that the contract award amount is within the
unencumbered appropriation for that item. The city council may
waive any minor bid irregularities.
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J. If a successful bidder refuses to comply with, or fails to execute, a
contract issued by the city within ten (10) days after being awarded
the contract, the city may cancel the award and retain any bid
security. Compliance with contract requirements includes, without
limitation, submission of insurance documentation. Should this
occur, the city council may award the contract to the next lowest
responsible bidder.
Sec. 1 -7 -10. Waiver.
The city council may waive the purchasing procedures otherwise required by this
chapter when required or desirable and in conformance with state law. For
purposes of example, and not limitation, the city council may waive bidding
requirements for obtaining supplies that are available from only one vendor as
supported by appropriate documentation.
Sec. 1 -7 -11. Cooperative Purchasing.
The procedures set forth above need not be followed where the purchasing
officer identifies a cooperative competitive bidding procedure, being prepared by
and processed through another local, state, or federal governmental agency.
Under such circumstances, the purchasing officer may join into an existing
written purchase contract obtained within the last twelve (12) months through a
competitive bidding process prepared by and awarded by another local, state or
federal governmental agency. City Council consent is required for such
arrangements where the estimated value of the supplies is $25,000 or more.
Sec. 1 -7 -12. Emergency Purchasing.
The city manager or acting city manager may authorize emergency purchases
without observing the bidding procedures set forth in this chapter upon a finding
that such purchases are required for the immediate protection of public health,
safety, or welfare and that there is an immediate or imminent emergency. A
declaration of emergency as set forth in this code is conclusive evidence of such
an event. The city manager or acting city manager must provide a report to the
city council at its next special or regular meeting regarding such emergency
purchases which set forth the circumstances requiring such action.
Sec. 1 -7 -13. Segmentation Prohibited.
It is unlawful to knowingly take action to separate purchases into smaller units or
segments solely for the purpose of evading the competitive formal or informal
bidding requirements set forth in this chapter.
Sec. 1 -7 -14. Inspection.
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The Purchasing Officer or department requesting the item shall inspect all
deliveries of supplies and equipment to assure conformance with the contract or
order specifications.
Sec. 1 -7 -15. Professional Services.
The city manager may contract for professional services in an amount not to
exceed $25000. The manner by which such professional services are selected
and contracted may be prescribed by administrative policy and procedures
promulgated by the city manager."
SECTION 2: Repeal of any provision of the ESMC, or any other City resolution
or ordinance herein will not affect any penalty, forfeiture, or liability incurred
before, or preclude prosecution and imposition of penalties for any violation
occurring before, this Ordinance's effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations
occurring before the effective date of this Ordinance.
SECTION 3: If any part of this Ordinance or its application is deemed invalid by a
court of competent jurisdiction, the City Council intends that such invalidity will
not affect the effectiveness of the remaining provisions or applications and, to
this end, the provisions of this Ordinance are severable.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the city of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
SECTION 5: This Ordinance will take effect on the 31st day following its final
passage and adoption.
PASSED AND ADOPTED this 16th day of September , 2008.
Z4-6f-le
Kelly McDowell, yor
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do
hereby certify that the whole number of members of the City Council of said City
is five; that the foregoing Ordinance No. 1421 was duly introduced by said
City Council at a regular meeting held on the 2na day of rPmhPT ,
2008, and was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of
said Council held on the 16th day of September 2008, and the
same was so passed and adopted by the following vote:
AYES: McDowell, Busch, Jacobson, Fisher, Brann
NOES: None
ABSENT: None
ABSTAIN: None
Cindy MorTesen, City Cler
APPROVED
Mark D. Hen
Karl H. Berger
Assistant City A
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