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1970/01/19 City Council ResolutionRESOLUTION N0. 70 -10 PURCHASING RULES AND REGULATIONS OF THE CITY OF ROHNERT PARK WHEREAS, the City Council is authorized and directed under the provisions of Ordinance No. 127 to adopt rules and regulations for the administration of the purchasing system created in said ordi- nance, now, therefore, be it RESOLVED, that the City Council of the City of Rohnert Park does hereby adopt the following rules: RULE I. PURPOSE The objective of these rules is to facilitate efficient and economical administration of the purchasing function of the City. RULE II. DEFINITION OF TERMS The following terms, phrases, words and their derivations, whenever used in these rules, shall be construed as herein stated, or have the meanings given herein: SECTION 1. "AGENCY" AND "'USING AGENCY": Any department, agency, commission, bureau or other un— t of the City government which derives its support wholly or in part from the City. SECTION 2. "'BIDDERS' LIST ": A current file of sources of supply of articles or each category of commodities repetitively purchased for City use. SECTION 3. "LOWEST RESPONSIBLE BIDDER`S: In addition to price, the "lowest responsible bidder" will be determined after the following factors have been considered: (a) The ability, capacity and skill of the bidder to perform the contract; (b) Whether the bidder has the facilities to perform the contract promptly, or within the time specified, without delay or interference; (c) The character, integrity, reputation, judgment, experi- ence and efficiency of the bidder; (d) The bidder's record of performance of previous contracts; (e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract; (f) The sufficiency of the financial resources and ability of the bidder to perform the contract; (g) The quality, availability and adaptability of the supplies and equipment to the particular use required; (h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (i) The number and scope of conditions attached to the bid. SECTION 4. "RESPONSIBLE BID": An offer, submitted by a responsible bidder to furnish supplies and equipment in conformity with the specifications, delivery terms and conditions and other require- ments included in the invitation for bids. SECTION 5. `'RESPONSIBLE BIDDERu °: A bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms. SECTION 6. "PURCHASES": Purchases of supplies and equipment shall include leases or rentals as well as transactions by which the city acquires ownership. SECTION 7. `SUPPLIES" AND "EQUIPMENT"': Any and all articles, things or personal property and services furnished to or used by any agency. Services includes, but is not limited to, the repair and maintenance of equipment, machinery, and other city -owned or operated property. Services does not include services rendered by city officers or employees nor professional and other contractual services which are in their nature unique and not subject to competition. RULE III. EMERGENCY PURCHASES While the need for occasional emergency purchases is recog- nized, the practice must be curtailed as much as possible by anticipating needs so that the normal purchasing procedure utili- zing bidding may be used. SECTION 1. CONDITIONS. An emergency shall be deemed to exist if: (a) There is a great public calamity. (b) There is immediate need to prepare for national or local defense. (c) There is a breakdown in machinery or an essential service which requires the immediate purchase of supplies and equipment to protect the public health, welfare or safety. (d) An essential departmental operation affecting the public health, welfare or safety would be greatly hampered if the prescribed purchasing procedure would cause an undue delay in procurement of the needed item. SECTION 2. BY THE PURCHASING AGENT. In case of an emergency which requires immediate purchase of supplies and equipment, the City Manager may authorize the securing by open market procedure, as prescribed in Ordinance No. 127, at the lowest obtainable price, -2- any supplies and equipment regardless of the amount of the expenditure. (a) Recorded Explanation. A full report of the circumstances of all emergency purchases in excess of $200.00 shall be filed by the Purchasing Agent and shall be entered in the minutes of the City Council. SECTION 3. BY HEADS OF DEPARTMENTS. In case of an emergency_. - which requires immediate purchase of supplies and equipment, the head of any using agency may, with approval of the Purchasing Agent or his representative, purchase directly any supplies and equipment in the amount of $3,000.00 or less. (a) Recorded Explanation. The head of such using agency shall, not later than the next regular business day thereafter, submit to the Purchasing Agent a requisition, a tabulation of bids received, if any, a copy of the delivery record and a full written report of the circum stances of the emergency. The report shall be filed with the Council as provided in subsection (a) of Section 2 above. RULE IV. ORDER BOOKS The Purchasing Agent may issue prenumbered order books to properly authorized officials for use in securing over - the - counter delivery of miscellaneous supplies when the need arises in the vicinity of a source of supply. Such purchases shall be limited to amounts not exceeding 9'50.00. All order books and all order blanks shall be properly accounted for by the official to whom they have been issued. RULE V. GIFTS AND REBATES The Purchasing Agent and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift, coney, or anything of value whatsoever. RULE VI. BLANKET PURCHASE ORDERS It shall be the responsibility of the Purchasing Agent to issue single purchase orders for a term up to a full fiscal year for the receipt of certain supplies in instances when only one vendor is available, or wherein bids have been received and awarded for purchases over an extended term not to exceed a fiscal year, or in other routine and reoccuring purchases. RULE VII. REQUISITION FORMS If so directed by the Purchasing Agent, any purchasing request originating from a department in an estimated amount below $50.00 need not be submitted by means of a requisition form. Rather, the ordering department shall complete in full the purchase order form, which forms are to be pre - numbered and issued by the Purchasing Agent to each department, and upon its completion submit the pur- chase order to the Purchasing Agent. Included thereon may be listed -3- the recommended vendor and price, unless the items being ordered are specific and can only be purchased from one source where there is uniformity in price. DULY ADOPTED this 19th day of January, 1970. AYES: (5) Councilmen Buchanan, Hopkins, Roberts, Smith, and Rogers I- _-- .� ®u_�.- _ NOES: (0) /� ATTEST: /s% 4thr J. ogue Deputy City Clerk -4- /s/ FJim n e W. Roger ayor