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HomeMy WebLinkAbout2160 ORDINANCE NO. 2]60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 8 AND ADDING CHAPTER 8.5 AND 8.7 TO ARTICLE II OF THE ARCADIA MUNICIPAL CODE RELATING TO PURCHASING AND CONTRACTING REGULATIONS AND BIDDING PROCEDURES THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ]. Existing Chapter 8 of Article II of the Arcadia Municipal Code is hereby deleted in its entirety. SECTION 2. A new Chapter 8 is hereby added to Article [[ of the Arcadia Municipal Code to read as follows: CHAPTER 8. PURCHASING SYSTEM PART 1. ESTABLISHMENT AND PURPOSE 2810 EST ABLlSHMENT OF CENTRALIZED PURCHASING SYSTEM In order to establish efficient procedures for the purchase of supplies, materials and equipment, to secure for the City supplies, materials and equipment at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over purchases, to clearly define and delegate authority for the purchasing function, and to assure the quality of purchases, there is hereby established a centralized purchasing system, under which is defined the authority for the purchase of supplies, materials and equipment required or purchased by or for the City. PART 2. DEFINITIONS 2820 ADMINISTRATIVE SERVICES DIRECTOR. 2160 The term "Administrative Services Director" as used herein shall mean thc Administrative Services Director of the City of Arcadia or his or her designee. 2821 CITY MANAGER. The term "City Manager" as used hcrein shall mean the City Manager of the City of Arcadia or the person designated by thc City Manager to perform all or some of the duties prescribed in this Chapter. 2822 EMERGENCY. The term "Emergency" as used herein means a condition which makes compctitivc bidding, either formal or informal, impractical or not in the best interests orthe City. 2823 PUBLIC WORKS PROJECT. The term "Public Works Project" as used herein shall mean the erection, construction, alteration or improvement or repair of any public structurc, building, road. street or other public improvement or work, excluding maintenance work. 2824 USING DEPARTMENT OR DEPARTMENT. The term "using department" or "department" as used herein shall include any office or division of City government whose cost of operations is provided by funds of the City over which the City Council has any control and when not otherwise providcd for in the Charter. PART 3. RESPONSIBILITY FOR PURCHASES 2830 DESIGNATION. The Administrative Services Director shall be the person designated to assume all duties and responsibilities specified in this Chapter, including, but not limited to, the contracting for, purchasing, storing, distribution and disposal of supplies, materials and equipment. 2831 DUTIES. The Administrative Services Director shall have the authority and it shall be RVI'UBIMXM\6314S6 2 2160 his/her duty to perform the functions set forth in the following subsections. 2831.1 SAME. Purchase or contract for supplies, materials and equipment required by any using department in accordance with purchasing procedures prescribed by this Chapter. 2831.2 SAME. Negotiate and recommend execution of contracts lor the purchase of supplies, materials and equipment. 2831.3 SAME. Review requests tor purchases to determine ifthey are reasonable in quantity and quality in relation to known needs of the using department, to ascertain that they are within budgetary allotments, and to determine whether supplies already on hand in the warehouse or in other departments, can be used to till the request. 2831.4 SAME. Control emergency purchases in accordance with the approved procedures. 2831.5 SAME. Prepare and maintain standard spccifications tor supplies, materials and equipment whenever practicable, and to consolidate and schedule orders tor all standard items. 2831.6 SAME. Maintain records as to source of supply for types of purchases, bids, bidders' lists and bid quotations. 2831.7 SAME. Aet to procure for the City the needed quality in supplies, materials, equipment and services at least expense to the City. 2831.8 SAME. R VPUBIMX/>.!16314116 , J 2160 Discourage uniform bidding and endeavor to obtain competition as full and open as possible on all purchases. 2831.9 SAME. Prescribe and maintain such forms as arc reasonably necessary to the operation of the procedures provided for in this Chapter. 283 I.1 0 SAME. Supervise the inspection of all supplies, materials and equipment purchased to insure conformance with specifications. 283 I.1I SAME. Recommend the transfcr of surplus or unused supplies, materials and equipment between departments as needed, and the salc or other disposal of all supplies, materials and equipment which cannot be used by any City agency or which have bccome unsuitable for City use. 283 I.12 SAME. Cause to be delivered or distributed to the using department all supplies, materials and equipment purchased specifically for such department, and cause to be distributed to the using department Irom available warehouse or stockroom items on hand, supplies, materials and equipment when requisitioned by any department. PART 4 PROCEDURE DIVISION 1. GENERAL PROCEDURES AND REQUIREMENTS 2841.1. PURCHASING AND CONTRACTING GOALS. The City shall endeavor to secure supplies, scrvices and equipmcnt at the lowest possible cost commensurate with the quality and scope needed, subject to any limitations imposed by the City Charter, this Chapter or the Purchasing Procedure Manual. 2841.2. ESTIMATES OF REQUIREMENTS. RVPUB\I\-1XI\.j\(,31-l1l6 4 2160 All using departments shall file detailed estimates of their requirements for supplies, materials and equipment in such a manner, at such time and for such periods as the Administrative Services Director shall prescribe. 2841.3. REQUISITIONS. All using departments shall submit requests for supplies, materials, equipment and services to the Administrative Services Director by standard requisition form as specified in the Purchasing Procedure Manual. 2841.4. CONTRACTS, PURCHASE ORDERS AND LIMITED PURCHASE ORDERS. All purchases of supplies, materials and equipment shall be made only by contract, purchase order or limited purchase order, issued or executed as hereinalier provided in the Purchasing Procedure Manual. 2841.5. AVAILABILITY OF FUNDS. The Administrative Services Director shall not issue any purchase order for supplies, materials or equipment unless there exists an unencumbered appropriation in the appropriate fund account against which said purchasc is to be made or charged. 2841.6. INSPECTION AND TESTING. The Administrative Scrvices Director or using department shall inspect all supplies and equipment delivered to the using department. The Administrative Services Director or using department shall also review all contractual services performed to determine their conformance with the specifications set forth in the purchase order or contract. Thc using department shall have the right to waive any minor dcfect or informality with the approval of the Administrative Services Director. The Administrative Services Dircctor shall also have the authority to requirc chemical and physical tests of samples submitted with bids and samplcs and deliveries as the Administrative Services Dircctor deems necessary to determine their quality and conformance with specifications. 2841. 7. ETHICAL CONDUCT. City personnel shall conduct all purchases and cnter into all contracts with thc highest ethical standards in accordancc with thc ethical policies established in the RVP\Jm~'iX~'i\bJI.'jUl 5 2160 Purchasing Procedure Manual and as may be established in the City's administrative policies. Contlicts of interest with vendors and contractors shall be avoided so that all vendors and contractors are given an equal opportunity to seek and procure City contracts. DIVISION 2. PUBLIC WORKS PROJECT CONTRACT PROCEDURES 2842 WHEN REQUIRED. Public Works Projects, as detined in this Chapter, involving an expenditure of thirty thousand dollars ($30,000) or more shall be let to the lowest, responsive and responsible bidder in accordance with Section 1212 of the City Charter, such additional procedures that may be established in the Purchasing Procedure ManuaL and the following procedures: 2842.1 NOTICE INVITING BIDS. The notice inviting bids shall state the time and plaee for the receiving and opening of sealed bids and shall distinctly describe the project. At a minimum, the notice inviting formal bids shall: (I) describe the project: (2) state how to obtain more detailed information about the project; (3) state the dale, time and place for lhe submission of scaled bids; and (4) include any other informalion required by the City Charler and this Chapter, as may be determined by the Administrative Services Director and City Attorney. The City shall also provide any additional notice it deems proper. 2842.2 PUBLISHED NOTICE. Notice inviting bids for public works projects shall be published in a newspaper of general circulation alleast once (1), ten (10) days prior to the scheduled opening of bids. 2842.3 CITY AUTHORITY. The City may reject any or all bids received, and may readvertise at its discretion. The City may also waive any minor irregularities in each bid received. 2842.4 AWARD OF CONTRACTS. All public works contracts in excess of thirty thousand dollars ($30,000) shall be awarded by the City Council. RVPlJll\MXMI63I 4l:\6 6 2160 2842.5 EMERGENCY PROCEDURES. (a) Contracts for Public Works Projects may bc Ict without following the procedures established in this section if such purchases are deemed by the City Council to be of urgent necessity for the preservation oflife, health, or property or to restore necessary services to the public. Such dctermination of Emergcncy shall be authorized by resolution of the City Council passcd by at least four (4) affirmative votes. The resolution shall contain a declaration of hlets that constitute the Emergency. (b) Except for Public Works Projects, in situations determined by the City Mana(!er to constitute an Emen,encv, the Citv Council herebv delegates to the Citv ... ..... .'.. ......... " Manager the power to declare an Emergency and take any directly related and immediate action required by the Emergency, up to a total of one hundred thousand dollars ($100,000) Emergency expenditures of more than one hundred thousand dollars ($100,000) shall first be approved by the City Council. Work shall be performed without the benefit of competitive bidding, either formal or inlormal, only so long as necessary. (I) For projects of more than thirty thousand dollars ($30,000), a report on the Emergency and work perlormed shall be provided at the next regular meeting of the City Council. (2) For projects of thirty thousand dollars ($30,000) or less, the City Manager shall determine, on his or her own as the action continues, whether there is a need to continue the action without following the prescribed method of bidding provided by this Chapter. The City Manager shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action may be completed pursuant to required procedures. 2842.6 USE OF CITY FORCES. This Section shall not apply to work done by the City with its own personnel if the City Council determines that such work can be performed more economically by City forces. 2842.7 OTHER PUBLIC WORKS PROJECTS. Public Works Projects, as delined in this Chapter, involving an expenditure of twenty nine thousand nine hundred ninety nine dollars ($29,999) or less shall be let in accordance with Division 4 or Division 5 of this Part, and any additional procedures that mav be established in the Purchasing Procedure Manual. . ~ RVPUB\MXM\6]I ~1l6 7 2160 DIVISION 3. FORMAL CONTRACT PROCEDURE 2843 WHEN REQUIRED. Purchases and contracts for supplies, materials and equipmcnt other than Public Works Projects, professional services, othcr contractual services and the sale of personal property, in an amount greater than thirty thousand dollars ($30,000) may be awarded by the City using a formal contract proccdure pursuant to the following requirements: 2843.1 A WARDING OF BID. Contracts shall be awarded to the highest or lowest bidder, as the case may be, pursuant to the procedures established in this Division and the Purchasing Procedure Manual. 2843.2 NOTICE INVITING BIDS. Notice inviting bids shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening of bids. 2843.3 PUBLISHED NOTICE. Notice inviting bids shall be published in a newspaper of general circulation and published in the City at least ten (10) days prior to the scheduled opening of bids. If there is no newspaper of general circulation, the notice inviting bids shall be posted in at least three (3) public places in the City that have been designated by City Council resolution as appropriate placed tor the posting of public noticcs. 2843.4 BIDDERS' LIST. The Administrative Services Director or using department shall maintain a list of qualified contractors, suppliers and vendors, identified according to categories of work or supplies. The Administrative Services Director or using department shall also solicit sealed bids from responsible, prospective suppliers and bidders whose names are on the Bidders' List or who have requested their names to be added thereto. 2843.6 BIDDER'S SECURITY. I{VP\JR',MXr.,.1\631.1S6 8 2160 When deemed necessary bv the Administrative Services Director. bidder's sccuritv ~ 01 '01 may be prescribcd in the public notice inviting bids. I I' bid security is prescribed, the same type and rate of security shall be rcquired of each bidder, and no contract may bc awarded to any bidder failing to post thc requircd bid sccurity except upon approval of the City Council. Each bidder shall be entitled to the return of his bid securitv within , , sixty (60) days atier the opening of bids for which security was posted or upon execution of a contract with the City by the successful bidder, whichever occurs Erst: provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten (10) days atter the notice of award of contract has been mailed, unless the City is responsible jar the delay. The City Council may, upon the refusal or failurc of the successful bidder to execute the contract, award it to the next responsible bidder. Alternatively, the City Council may decide to reject all bids and rebid the contract, If the Citv Council awards the contract to the next lowest bidder. the amount of the lowest , . bidders 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 original lowest bidder. 2843.7 BID OPENING PROCEDURE. Sealed bids shall be submitted to the City Clerk and shall be specifically identiJied as bids on the envelope. l3ids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be available jar public inspection during regular business hours for a period of not less than thirty (30) calendar days atter the bid opening. 2843.8 REJECTION OF BIOS. At its discretion, the City Council may reject any and all bids presented and re- advertise lor bids. 2843.9 AWARD OF CONTRACTS. Contracts shall be awarded by the City Council to the lowest or highest responsive and responsible bidder, as the case may be, except as otherwise provided herein. 2843.10 TIE BIDS. If\wo or more bids received are Jar the same total amount or unit price, invoice and delivery tcrms, quality and service being equal, and if the public interest will not permit the delay ofre-advertising for bids, the City Council may accept the one it chooses RV\'UB\l\lX~N:>:;]4g6 9 2160 or accept the lowest bid madc by negotiation with the tic bidders at the time of the bid openll1g. 2843.11 PERFORMANCEBOND~ The City Council shall have the authority to requirc a pcrformance bond betore cntering into a contract in such amount as it shall tind reasonably necessary to protect the best interests of the City. If the City Council requircs a pertormancc bond. the lorm and amount of the bond shall be described in the notice inviting bids. DIVISION 4. INFORMAL CONTRACT PROCEDURE 2844 WHEN REQUIRED. Purchases and contracts tor supplies. materials and equipment other than professional services and othcr contractual services. in an amount greatcr than two thousand live hundred dollars ($2.500) and less than thirty thousand dollars ($30,000) may bc awarded by the City using an intormal procedure to thc lowcst rcsponsive and rcsponsible bidder at fair and reasonable prices, pursuant to thc following requirements: 2844.1 A WARDING OF BID. Purchases and contracts may be competitively bid in accordancc with the procedures established in the Purchasing Procedure Manual. Sclection of the winning bid shall bc based on criteria and requirements established in advance by the City Manager and Administrative Services Director. 2844.2 CITY COUNCIL AWARDS. Contracts of morc than thirty thousand dollars ($30,000) shall be awarded by the City Council. 2844.3 DEPARTMENT AWARDS. Contracts of more than two thousand live hundred dollars ($2,500) and less than thirty thousand dollars ($30.000) may be awarded by the requesting department, subject to written approval by the Administrative Services Director. 2844.4 EXCEPTIONS. RVI'UBlMXM',6314t:6 10 2160 All exceptions and exemptions from the bid procedures contained in Division 6 of this Part shall be applicable to the procedures established in this Section. 2844.5 USE OF CITY FORCES. This Section shall not apply to work done by the City with its own personnel if the City Council determines that such work can be performed more economically with City forces than by contracting for such work. DIVISION 5. PURCHASE ORDER PROCEDURE 2845 PURCHASE ORDER PROCEDURE. Purchases of supplies, materials and equipment, and sales of property in an amount greater than two thousand five hundred dollars ($2,500) and less than thirty thousand dollars ($30,000) may be awardcd by the Administrative Services Director in the open market without observing the procedures prescribed in Division 3 and Division 4 of this Part. Such purchase orders shall comply with all provisions of the Purchasing Procedurc Manual and the following: 2845.1 PRICE QUOTATIONS. Open market purchascs shall, whcrevcr practical. be based on at least thrce (3) price quotations. 2845.2 REQUEST FOR PRICE QUOTATIONS. The Administrative Services Director or using department shall solicit price quotations from prospective vendors pursuant to the regulations contained in the Purchasing Procedurc Manual. 2845.3 PRICE QUOTATION RECORDS. The Administrative Services Director shall. consistent with the City's records retention policies, keep a record of all open market purchase orders and price quotations for a period of one ( I) year alter the submission of price quotations or the placing of orders. This record while so kept shall bc open to public inspection. RVPUB\MXM\6314R(, 11 2160 2845.4 LIMITED PURCHASE ORDER. A Limited Purchase Order procedure shall be established, implemented and used by the Administrative Services Director for the purchase of goods and/or services of less than two thousand live hundred dollars ($2,500). The Limited Purchase Order procedures shall be established in the Purchasing Procedure Manual. DIVISION 6. EXCEPTIONS AND EXEMPTIONS 2846.1 EXCEPTIONS FROM BID PROCEDURES. Supplies, materials and equipmcnt may be purchased, personal property sold and contracts may be let without complying with any of the bidding procedures specified in Divisions 3, 4 and 5 of this Part, Chapter 8.5 and/or Chapter 8.7 in any of the 10 II owing situations: (a) Upon the approval of the City Manager when an emergency requires that an order be placed with the nearest available source of supply or contraet to be let. F or projects of more than thirty thousand dollars ($30,000), a report on the emergency and work performed shall be provided at thc next regular meeting of the City Council. F or projects of thirty thousand dollars (530,000) or less, the City Manager shall determine, on his or her own as the action continues, whether thcre is a need to continue the action without the benefit of bidding required by this Chapter. The City Manager shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to the bidding proccdures required by this chaptcr: (b) When the amount of the purchase or sale involved is less than two thousand five hundred dollars (2,500): (c) When the Administrative Serviees Director determines that a competitive market does not exist such as, but not limited to, when the needed supplies, serviees and equipment arc proprietary and can only be provided by one vendor and the amount involved is less than thirty thousand dollars ($30,000); (d) When the Administrative Serviees Director determines that a competitive bid procedure has becn conductcd by anothcr publie ageney (e.g. through CMAS ) and the priee to the City is equal to or better than the price to that public agency; RVPlJB\,\LX'\I\6.'1I..\IU, 12 2160 (e) When the purchase is made on behalf of the City by the State Department of General Services; (I) When no bids are received pursuant to any of the bidding procedures required by this Chapter: (g) When otherwise authorized by this or any other Chapter. 2846.2 EXEMPTIONS FROM CENTRALIZED PURCHASING. Thc Administrative Services Direetor with the approval of the City Manager. may in writing authorize any department to purchase or contraet (Dr specilied supplies, materials, equipment and services independently of the Administrative Scrvices Director. The Administrative Services Director shall ascertain that all purchases or eontracts made in accordance with this Section eontorm with all procedures established in this Chapter and shall obtain periodic reports on the purchases and contracts made under such written authorization from each department. 2846.3 WAIVER. Aller notice of failure to comply with one or more provisions hereot: the City Council may dcclare void any transaction not in conlormity herewith or may waive any irregularity or noncompliance herewith with respect to such transaction. PART 5. SURPLUS SUPPLIES AND EQUIPMENT 2850 SURPLUS SUPPLIES AND EQUIPMENT. All using departments shall submit to the Administrative Services Director. at sueh times and in such torm as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have bccome obsolete or worn out. Thc Administrative Services Director shall have authoritv to sell or otherwise dispose of all - . supplies and equipment which eannot be used by any department or which have become unsuitable lor City use, or to exchange the same lor, or trade in the same on, new supplies or equipment. Such sales shall be made pursuant to Division 3, Division 4 or Division 5 of Part 4, whichever is applicable. The proceeds of any sueh sale shall bc credited to the tlll1d from whieh the purehase price thercof was originally paid, but such proceeds shall be unbudgeted surplus in such fund until appropriated by the City Council. RVI'UB\~1X,\1I631 ~,% 13 2160 PART 6. PURCHASING PROCEDURE MANUAL 2860. PREPARATION OF PURCHASING PROCEDURE MANUAL. The Administrative Services Director shall prepare a Purchasing Procedure Manual so that all concerned may have a clear definition and understanding of the goals and purposes of this Chapter. The Purchasing Procedure Manual shall describe and explain in detail the procedures that using departments must lollow in the procurement of equipment, goods and supplies and shall include among other things, samples of the various forms necessary to carry out the intent of this Chapter. SECTION 3. A new Chapter 8.5 is hereby added to the Arcadia Municipal Code to read as follows: CHAPTER 8.5. PROFESSIONAL SERVICE CONTRACT PROCEDURE 2851.1 WHEN REQUIRED. Professional service contraets, in an amount greater than two thousand live hundred dollars ($2,500), may be awarded by the City on the basis of demonstrated competence and qualifications neeessary lor the satisfactory per10rmanee of the professional services required to be performed at lair and reasonable prices, pursuant to the tollowing requirements: 2851.2 AWARDING OF BID. Selection of winning proposals lor professional services shall be based on proJessional competence and the criteria and requirements established in advance by the City Manager and Administrative Services Director. 2851.3 CITY COUNCIL AWARDS. Professional service contracts of more than filleen thousand dollars ($15,000) shall be awarded by the City Council. 2851.4 DEPARTMENT AWARDS. }WPUB\:-'1X:-'1'\&314~{, 14 2160 Professional service contracts of more than two thousand five hundred dollars ($2,500) and less than fifteen thousand dollars ($15,000) may be awarded by the requesting department, subject to written approval by the City Manager. 2851.5 EXCEPTIONS. All exceptions and exemptions from the bid procedures contained in Division 6 of Part 4 of Chapter 8 shall be applicable to the procedures established in this Section. SECTION 4. A new Chapter 8.7 is hereby added to the Arcadia Municipal Code to read as follows: CHAPTER 8.7. MAINTENANCE SERVICE CONTRACT PROCEDURE PART 1. FORMAL PROCEDURE 2871 WHEN REQUIRED. Maintenance service contracts for public, buildings, grounds and equipment in an amount greater than thirty thousand dollars ($30,000) may be awarded by the City using a formal contract procedure pursuant to the following requirements: 2871.1 AWARDING OF BID. Maintenanee service eontracts shall be awarded to the lowest bidder. 2871.2 NOTICE INVITING BIDS. Notice inviting bids shall include a general deseription of the maintenance serviees to be provided and shall state where bid blanks, instructions and specifications may be secured, and the time and plaee for opening of bids. 2871.3 PUBLISHED NOTICE. Notice inviting bids shall be published in a newspaper of general circulation R VPUHlMXM\63 ]486 15 2160 published in the City at least ten (10) days prior to the scheduled opening of bids. If there is no newspaper of general circulation, thc notice inviting bids shall be posted in at least three (3) public places in the City that have bcen designated by City Council resolution as appropriate placed tor the posting of public notices. 2871.4 BIDDERS' LIST. The Administrative Services Director or using department shall maintain a list of qualitied maintenance service providers according to categories of maintenancc needed. The Administrative Services Director or using department shall also solicit sealed bids from responsible, prospective suppliers and bidders whose names are on the Bidders' List or who have requested their names to be added thereto. 2871.6 BroDER'S SECURITY. When deemed necessarv bv the Administrative Services Director. bidder's seeuritv . ~ ,., may be prescribed in the public notice inviting bids. Ifbid security is preseribed, the same type and rate of security shall be required of each bidder, and no contract may be awarded to any bidder failing to post the required bid security except upon approval of the City Council. Each bidder shall be entitled to the return of his bid security within sixty (60) days after the opening of bids tor which security was posted or upon execution of a contract with the City by the successful bidder, whichever occurs first; provided that a successful bidder sha1l10rfeit his bid security upon refusal or failure to execute thc contract within ten (10) days alter the notice of award of contract has been mailed, unless the City is responsible lor the delay. The City Council may, upon the refusal or failure of the successful bidder to exeeute the contract, award it to thc next responsible bidder. Altcrnatively, the City Council may decide to reject all bids and rebid the eontract. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidders security shall be applied by the City to the ditTerenee between the low bid and the second lowest bid, and the surplus, if any, shall be returned [0 the original lowest bidder. 2871. 7 BID OPENING PROCEDURE. Sealed bids shall be submitted to the City Clerk and shall be specilically identitied as bids on the envelope. Bids shall be opened in public at the time and place stated in the publie notice. A tabulation of all bids received shall be available for public inspeetion during regular business hours lor a period of not less than thirty (30) ealendar days atter the bid opening. 2871.8 REJECTION OF BIDS. RVI'IJB\MX~'M31,IS6 16 2160 At its discretion, the City Council may reject any and all bids prescnted and readvertise for bids. 2871.9 A WARD OF CONTRACTS. Contracts shall be awarded by the City Council to the lowest responsive and responsible bidder, as the case may be, exeept as otherwise provided herein. 2871.1 0 TIE BIDS. lftwo or more bids received are {t)f the same total amount or unit pricc, invoice and delivery terms, quality and service being equal, and if the public intercst will not permit the delay of rea dverti sing lor bids, the City Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid openmg. 2871.11 PERFORMANCEBOND~ The City Council shall have the authority to require a performance bond before entering into a contract in such amount as it shall find reasonably necessary to protect the best interests of the City. I f the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. PART 2. INFORMAL PROCEDURE 2872 WHEN REQUIRED. Maintenancc service contracts for publie buildings, grounds and equipment in an amount greater than two thousand five hundrcd dollars ($2,500) and less than thirty thousand dollars ($30,000) may be awarded by the City using an inlormal procedure on the basis of either demonstratcd eompetenee and qualitications necessary for the satisfaetory perlormance of the services required to be performed or to the lowest responsive and responsible bidder at fair and reasonable prices, pursuant to the following requirements: 2872.1 AWARDING OF BID. Scleetion of the winning bid shall be based on criteria and requirements R VPUB\,\1X;"1I6}1486 17 2160 established in advance by the City Manager and Administrative Services Director '" '" ...... . 2872.2 CITY COUNCIL A WARDS. Contracts of more than thirty thousand dollars ($30,000) shall be awarded by the City Council. 2872.3 DEP ARTMENT AWARDS. Contracts of more than two thousand five hundred dollars ($2,500) and less than thirty thousand dollars ($30,000) may be awarded by the requesting department, subject to written approval by the Administrative Serviees Director. 2872.4 EXCEPTIONS. All exceptions and exemptions from the bid procedures contained in Division 6, Part 4 of Chapter 8 shall be applicable to the procedures established in this Section. 2872.5 USE OF CITY FORCES. This Section shall not apply to work done by the City with its own personnel if the City Council determines that such work can be performed more economically with City forces than by contracting for such work. . SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Couneil hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that one or more seetions, subsections, subdivisions, paragraphs, sentences, clauses or phrases be deelared unconstitutional or invalid or effective. To this end the provision of this ordinance are declared to be severable. SECTION 6. The City Clerk shall certify to the adoption of this ordinanee and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days of its adoption. R\'PUB\MX~1\6J 1486 18 2160 Passcd, approved and adopted this lRthday of .Tune ATTEST: (l~,J ~-~ <it} Clcrk APPROVED AS TO FORM: c~ P ~~t RVl'llB\MX:>'1\h31.t's(, 1 <) ,2002. ~t!L . f Arcadia 2160 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certifies that the foregoing Ordinance No. 2\60 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 18th day of June, 2002 and that said Ordinance was adoptcd by the following votc, to wit: AYES: Councilmcmber Chang, Kovacic, Segal, Wuo and Marshall NOES: Nonc ABSENT: None Ity Clerk of th~ /Ity of Arcadia 20 2160