Loading...
HomeMy WebLinkAbout455 - Purchasing Rules and RegulationsG8? RESOLUTION N0. 455 A RESOLUTION OF THF CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING RULES AND REGI LATIONS FOR PURCHASING. WHEREAS, the City Council is authorized and directed under the provisions of Ordinance No. 198 to adopt rules and regulations for the administration of the purchasing system created in said Ordinance; NOW, THEREFORE, BE IT RESJLVED, that the City Council of the City of Costa Mesa does hereby adopt the following rules: IElupOiI I I ffiil:7Ab96 The objectives of these rules are to facilitate efficient and economical administration of the purchasing function of the City. RULE II. DEFINITION OF TERMS The following terms, whenever used in these rules, shall be construed as follows: SECTION 1. "AGENCY" AND °USING AGENCY": Any department, agency, cor, fiss- ion, bureau or other unit of the City government which derives its support wholly or in part from the City. SECTION 2. "BIDLERS' LIST": A current file of sources of supply of art- icles for each category of commodities repetitively purchased for City use. SECTION 3. "SERVICES": Any and all services including but not limited to the following: the repair or maintenance of equipment, machinery and other city - owned or operated property; and towel and cleaning services. The term does not in. clods services rendered by City officers or employees nor professional and other con- tractual services which are in their nature unique and not sub„ect to competition. SECTTON 4. "LOWEST RESPONSIBLE BIDDER": In addition to price, the "lowest responsible bidder" will be determined after the following factors have been con- sidered: (a) The ability, capacity and skill of the bidder to perform the contract or provide the service req�.ired; (b) Whether the bidder has the facilities to perform the contract or pro- vide the service promptly, or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience and eff- iciency of the bidder; (d) The bidders' record of performance of,previous contracts or services; (e) The previous and existing compliance by the bidder with laws and ord- inances relating to the contract or service; (f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; 683 (g) The quality, availability and adaptibility of the supplies, equip- ment or services 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 5. "RESPONSIBLE HID": An offer, submitted by a responsible bidder to furnish supplies, equipment or services in conformity with the specifications, de- livery terms and conditions and other requirements included in the invitation for bids. SECTION 6. "RESPONSIBLE BIDDER": A bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judg- ment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms. SECTION 7. "PURCHASES": Purchases of supplies, equipment and personal property shall include leases or rentals as well as transactions by which the City acquires ownership. SECTION 8. "SUPPLIES" AND "EQUIPMENT": Any and all articles, things or personal procerty furnished to or used by any agency. RULE III. EMERGENCY PURCHASES While the need for occasional emergency purchases is recognized, the 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 re- quires the immediate purchase of supplies or services 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 preseribed pur- chasing procedure would cause an undue delay in procurement of the needed item or service. SECTION 2. BY THE PURCHASING OFFICER. In case of an emergency which re- quires immediate purchase of supplies, equipment or services, the City Manager may authorize the purchas!ne officer to secure by open market procedure, as prescribed in Ordina-ce No. 108, at the lowest obtainable price, any supplies, equipment or services regardless of the amount of the expenditure. (a) Recorded Ex 1p anation. A full report of the circumstances of all emergency purchases in excess of $500.00 shall be filed by the Purchasing Officer with the Council and shall be entered in the minutes of the Council. SECTION 3. BY HEADS OF DEPARTMLNTS. In case of an emergency which re- quires immediate purchase of supplies, equipment or services, the head of any using agency may, with aFproval of the Purchasing Officer or the Senior Accountant pur- chase directly any supplies, equipment or services in the amount of $2,000.00 or less. practice must be curtailed as much as possible by anticipating needs so that the normal purchasing procedure utilizin¢ 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 re- quires the immediate purchase of supplies or services 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 preseribed pur- chasing procedure would cause an undue delay in procurement of the needed item or service. SECTION 2. BY THE PURCHASING OFFICER. In case of an emergency which re- quires immediate purchase of supplies, equipment or services, the City Manager may authorize the purchas!ne officer to secure by open market procedure, as prescribed in Ordina-ce No. 108, at the lowest obtainable price, any supplies, equipment or services regardless of the amount of the expenditure. (a) Recorded Ex 1p anation. A full report of the circumstances of all emergency purchases in excess of $500.00 shall be filed by the Purchasing Officer with the Council and shall be entered in the minutes of the Council. SECTION 3. BY HEADS OF DEPARTMLNTS. In case of an emergency which re- quires immediate purchase of supplies, equipment or services, the head of any using agency may, with aFproval of the Purchasing Officer or the Senior Accountant pur- chase directly any supplies, equipment or services in the amount of $2,000.00 or less. 681 (a) Recorded Explanation. The head of such using agency shall, not later than the next regular business day thereafter, submit to the Purchasing Officer a requisition, a tabulation of bids received, if any, a copy of the delivery record, and a full written report of the circumstances of the emergency. The report shall be filed with the Council as pro- vided in subsection (a) above. RULE IV. ORDER BOOKS The Purchasing Officer may i. ssue prenumbered order books to properly authorized officials for use in securinr 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 ,50.00. All corer 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 Officer 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, money, or anything of value whatsoever. RULE VI. BOND The Purchasing Officer shall furnish a corporate surety bond to be approved by the City Council in the amount of $2,000.00 and shall be conditioned upon the faithful performance of the duties imposed upon the Purchasing Officer as prescribed in Ordinance No. 198. Any premium for such bond shall be a proper charge agalnst J the City of Costa Mesa. PASSED, AND ADOPTED this 17th day of March, 1058. a7or o the City of Costa Mesa ATTES�� City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing Resolution No. 455 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 17th day of March, 1058. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa DATED: March 18th, 1058 ByU Chief Deputy