Ordinance No. 5761 C
ORDINANCE NO. 576
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING SECTIONS 21A -8 AND 21A -12 AND
ADDING SECTION 21A -15 TO THE CODE OF THE CITY
OF CYPRESS RELATING TO THE ACQUISITION OF
SUPPLIES AND EQUIPMENT.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 21A -8 of the Cypress City Code is
hereby amended to read as follows:
Sec. 21A -8. Bidding generally.
Purchases of supplies and equipment shall
be by bid procedures pursuant to sections
21A -11 and 21A -12. Bidding may be dispended
with:
A. When an emergency requires that an
order be placed with the nearest available
source of supply.
B. When the amount involved is less
than an amount established by resolution
of the City Council. The Council shall establish
such amount based upon its determination that
the requirement of a competitive bidding pro-
cedure constitutes an unwarranted expense for
the purchase of supplies and equipment at or
below the amount established.
C. When the commodity can be obtained
from only one vendor.
D. When there is to be a contract for
professional services such as, but not limited
to, the services of attorneys, architects or
engineers or where the service contracted for
deals with public relations or promotions,
elections, services and related activities,
negotiations or acquisition of land, trash,
garbage or refuse disposal or the like,
insurance, bonds or any other service of a
similar nature to those listed.
E. When, through cooperative purchasing
with the state, the county and other public
agencies, the advantages of large -scale buying
may be obtained at a lower price upon the same
terms, conditions and specifications.
SECTION 2. Section 21A -12 of the Cypress City Code is
hereby amended to read as follows:
Sec. 21A -12. Open market procedure.
Purchases of supplies and equipment of an
estimated value in the amount of two thousand
five hundred dollars or less may be made by
the purchasing officer in the open market pursuant
to the procedure hereinafter prescribed and
without observing the procedure prescribed in
section 21A -11; provided, however, all bidding
may be dispensed with for purchases of supplies
and equipment having a total estimated value of
less than the amount established by resolution
of the City Council pursuant to Section 21A -8.
A. Minimum number of bids. Open market
purchases shall, wherever possible, be based
on at least three bids and shall be awarded
to the lowest responsible bidder.
B. Notice inviting bids. The purchasing
officer shall solicit bids by written requests
to prospective vendors, by telephone and by
public notice posted on a public bulletin board
in the City Hall.
C. Written bids. Sealed written bids shall
be submitted to the purchasing officer, who shall
keep a record of all open market orders and bids
for a period of one year after the submission of
bids or the placing of orders. This record, while
so kept, shall be open to public inspection.
SECTION 3. Section 21A -15 is hereby added to the Cypress
City Code to read as follows:
Sec. 21A -15. Award to other than lowest
responsible bidder.
Any provision of this Chapter to the contrary
notwithstanding, supplies and /or equipment
may be purchased from other than the lowest
responsible bidder in any case in which the
City Council shall find that, in light of all
circumstances applicable to the particular
purchase including but not limited to location
of the vendor and the amount of staff time
required for the administration of the contract,
the City will acquire the supplies or equipment
at a lower net cost by effecting its purchase
from a party other than the lowest responsible
bidder.
SECTION 4. Severability:
If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance, or the application
hereof to any person or place, is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance or its application to other
persons or places. The City Council hereby declares that it would
have adopted this ordinance, and each sentence, subsection, subdivision,
clause, phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions, or the application thereof to any person or
place, be declared invalid or unconstitutional.
First read at a regular meeting of the City Council of said
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152
City held on the 26th day of July 1976 and finally adopted and ordered posted
at an adjourned regular meeting of said Council held on the 10th day of August
1976.
iq C /AU —w
MAYOR OF tHE CITY OF CYPRESS
ATTEST:
r1��a
CITE C"LERI
OF THE-CITY OF CYPRESS
STATE OF CALIFORNIA )SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted at
an 'adjourned regular meeting of the said City Council held on the 10th day
of August 1976; by the following roll call vote:
AYES: 4 COUNCILMEN: Harvey, Hudson, Lacayo and MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Sonju
/
CITY CLERK OF THE CITY OF CYPRESS