Article XXXIII Purchase of Supplies and Contracts for Public Projects
Section 1: The City Council shall, by ordinance, prescribe the procedures and requirements for the purchase of supplies and equipment and for award of bids for public projects in a manner which preserves the integrity of the competitive bidding process, insures the protection of public funds, but at the same time provides the opportunity to effect economies in the operation of the City which are in the best interests of the public.
Chapter 2 Administration
Article 5. Purchasing
Section 2-196. Formal Contract and Bid Procedure.
Every purchase or contract involving an expenditure of more than seventy-five thousand dollars ($75,000) shall be awarded by the City Council to the lowest responsible bidder following notice as required in the following subsection:
1. Notice Requirement.
Notice shall be published in the City’s official newspaper by at least one insertion which shall be at least fifteen days prior to the time designated for opening bids. Such notice shall be sent to at least one trade periodical pertaining to construction projects involved in sufficient time to permit such periodicals to publish said notice at least fifteen days prior to the bid opening time. The notice shall include a general description of the article or service desired; shall state the time, date and place of bid opening and shall designate where bidding documents may be obtained.
2. Bidders’ List.
Such notice shall also be sent on or before the deadline for newspaper publication to those persons and firms listed in the City’s latest bidders’ list providing the service, commodity or article desired by the City.
3. Bulletin Board Notice.
All pending purchases or sales shall be noticed by posting on the public bulletin board of the City Hall.
4. Bidders’ Security.
All bids must be sealed and, if required by the City Council, must be accompanied by security in the form of either cash, cashier’s check, certified check or surety bond in a sum equal to ten percent of the total aggregate bid. In the event a bid bond is required and the successful bidder fails or refuses to execute the contract within the time designated in the bid documents, his bid security shall be forfeited and the City Council may award the contract to the next lowest responsible bidder.
5. Other Bond Requirements.
A faithful performance bond, labor and material bond and other bonds may be required by the City Council in an amount reasonably necessary to protect the City’s interest in obtaining the services or work involved. If bonds are required, the form and amount thereof shall be designated in the Notice Inviting Bids.
6. Bid Opening Procedure.
All bids shall be submitted to the City Clerk who shall safeguard them in a sealed condition until the time noticed for public bid opening. At the time and place stated in the public notices, the City Clerk or designee, together with the Purchasing Officer, or designee, shall publicly open all bids. A tabulation of all bids received shall be available for public inspection in the Purchasing Office for a period of not less than thirty calendar days after the bid opening.
7. Compilation of Bids and Recommendations.
Following the opening of bids, the Purchasing Officer shall compile all of the bids and submit them to the Administrative Officer together with a recommendation as to which bid he considers best, taking into consideration the recommendation of the department head involved, the amount of money bid, compliance with specifications and responsibility of the bidder. The City Administrative Officer shall forward the compilation of bids and the Purchasing Officer’s recommendation with respect to an award, to the City Council.
8. Award or Alternative Procedure.
The City Council may make an award of contract to the lowest responsible bidder or in the alternative either reject all bids and readvertise or authorize the City itself to perform the work or directly acquire the items desired in accordance with the immediately following provision:
(a) Direct Method.
After bids are rejected or if no bids are received, the City Council by resolution enacted with four affirmative votes may order the work done by City personnel and equipment or authorize the purchase of the material, equipment or services involved on the open market without complying with the requirements of this Article; provided that the City Council receive competent information or data that the City itself is capable of completing the project involved in a more satisfactory or economical manner or that the materials, equipment or service may be purchased more economically on the open market.
9. Tie Bids.
If two or more bids are received which are in all respects equal, the contract shall be awarded to a bidder maintaining a place of business in Inglewood; however, if all or none of such bidders maintain a place of business in Inglewood then the contract shall be awarded by drawing lots.
(Ord. 2387 11-25-80; Ord. 06-04 4-11-06)