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2012/02/28 City Council Ordinance 843 ORDINANCE NO. 843 AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING AND REPLACING CHAPTER 3.04, "PURCHASING PROGRAM" OF TITLE 3, "REVENUE AND FINANCE," OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, Government Code sections 54201 et seq. govern purchasing by local governmental bodies and require that every local agency adopt policies and procedures to govern their purchases of supplies and equipment; WHEREAS, Chapter 3.04 of the Rohnert Park Municipal Code was originally adopted in 1970 to address the purchasing program and was last updated in March 2006 pursuant to Ordinance No. 754; and WHEREAS, the City Council at its regular meeting of January 24, 2012, reviewed and discussed a City Council Purchasing Policy developed by City staff to increase accountability and clarify the purchase procedures; and . WHEREAS, the City Council Purchasing Policy is current with today's purchasing standards set by state law; WHEREAS, the Chapter 3.04 is no longer current with the purchasing standards set by state law and is not as comprehensive as the City Council Purchasing Policy; WHEREAS, the City Council, by separate resolution, shall adopt the City Council Purchasing Policy as the policy governing the City's purchasing function;.and WHEREAS, the City Council now desires to repeal and replace Chapter 3.04, "Purchasing Program," of Title 3, "Revenue and Finance," of the Rohnert Park Municipal Code. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The City Council of the City of Rohnert Park does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance. Section 2. Repeal and Replacement. Chapter 3.04 of the Rohnert Park Municipal Code (Purchasing Program) is hereby repealed in its entirety and shall be replaced to read as follows: 3.04.010 - Purpose. The purpose of this chapter is to establish efficient policies and procedures to govern the purchase of materials, supplies, equipment, vehicles and service and to clearly define authority for the purchasing function. .3.04.020 - Applicable Policies. The City's purchasing functions shall be governed by the City's Purchasing Policy, which shall be adopted by resolution of the City Council, as may be amended from time to time. 1 Section 3. Publication. The City Clerk is directed to certify the adoption of this ordinance and cause the ordinance to be published in the manner required by law. Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. This ordinance was introduced on the 14th day of February 2012 and DULY AND REGULARLY ADOPTED this 28th day of February 2012 by a vote of the City Council as follows: AYES: NOES: ABSENT: ABSTAIN: Five None None None (5) (0) (0) (0) Council Members Ahanotu, Belforte, Callinan, Stafford and Mayor Mackenzie CITY OF ROHNERT PARK ~.J7~~~' e Mackenzie / Approved as to Form: ~ }-^, f:J( PDG'\r. City Attorney , M'€'t.rv\iMrA. M. ~"'^~;\\ 2