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CC - 1959 - 39 - Purchasing Rules and RegulationsRESOLUTION N0. 39 PURCHASING RULES AND REGULATIONS OF THE CITY OF ROSEMEAD. WHEREAS, the City Council is authorized and directed under the provisions of the Municipal Code to adopt rules and regulations for the administration of the purchasing system created in said Code; now, therefore, be it RESOLVED, that the City Council of the City of Rosemead does hereby adopt the following rules: RULE I. PURPOSE 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, whever used in these rules, shall be construed as follows: SECTION 1. "Agency" and "Using Agency': Any department, agency, co ss on, bureau or o er unit o he 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 for each category of commodities repetitively purchased for City use. SECTION 3. "Services": Any and all services including but not limi~he following: the repair or maintenance of equip- ment, machinery and other city-owned or operated property; and towel and cleaning services. The term 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 competi- tion. SECTION 4. "Lowest Responsible Bidder": In addition to price, the "lowest responsi le bidder" will-be determined after the follcwing factors have been considered: (a) The ability, capacity and skill of the bidder to perform the contract or provide the service required; (b) Whether the bidder has the facilities to perform the contract or provide the service promptly, or within the time limit specified, without delay or interference; 1. • • (c) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (d) The bidders' record of performance of previous con- tracts or services; (e) The previous and existing compliance by the bidder with laws and ordinances 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; (g) The quality, availability and adaptability of the supplies, equipment or services to the particular use re- quired; (h) The ability of the bidder to provide future main- tenance and service for the use of the subject of the con- tract; (i) The number and scope of conditions attached to the bid. SECTION 5: "Responsible Bid": An offer, submitted by a responsi. 1 eidder to iCurnish supplies, equipment or services in conformity with the specifications, delivery terms and conditions and other requirements included in the invitation for bids. SECTION 6: "Responsible Bidder": A bidder who submits a responsible E3d-and vTo ii -not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract accord- ing to its terms. SECTION 7: "Purchases": Purchases of supplies, equipment and personal propertys aJ.l include leases or rentals as well as transactions by which the city acquires ownership. SECTION 8: "Suppi.ies" and "Equipment": Any and all articles, tb.ings or personal property furnished to or used by any agency. 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 utiliz- ing bidding may be used. SECTION 1: Conditions. An emergency shall be deemed to exist iy-.. (a) There is a great public calamity; 2. (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 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 prescribed purchasing procedure would cause an undue delay in procurement of the needed item or service. SECTION 2. By the Purchasing Officer. In case of an emer- gency w c requires immediate purchase o supplies, equipment or service, the City Council may authorize the Purchasing Officer to secure by open market procedure, as prescribed in the Municipal Code, at the lowest obtainable price, any supplies, equipment or services regardless of the amount of the expenditure. (a) Recorded Explanation. A full report of the cir- cumstances o a 1 emergency purchases in excess of $500 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 Departments. In case of an emergency which reru__-e Tmmed.; equipment or services, the head cf any usin' agency may, it to approval of the Purchasing Officer pL:rc:har;e directly an suppliee, equipment or services in the amount of X2,000 or less. (a) Reco:,-C'.(-.C Expla.nat.'.or.. The head of such using agency ;hall, not~lace_~ an .l;.e n x~ regular business day thereafter, submit to the Purchasing Officer a requisition, a tabulation of bids received, if any, a copy of the ddi.very record, and a full written report of the circumstances of the emergency. The report shat.'. be filed with the Council as provided in sub- section e.) abore. PULE TT. ORDER EOO.XS The Purchasing 01'fic,r may issue pre-numbered order books to ,)rcperly authorized officials for '.a^e in securing over-the-counter delivery of miscellaneous supplies when the need arises in the vicin- ity of a source of supply. Such purchases shall be limited to amounts not exceeding $100. All order books and all order blanks shall be -n erly accounted for by the official to whom they have been issued. RULE V. GIFTS AND REBATES The Furchasing Officer and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, 3. 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. PASSED AND ADOPTED this 19th day of August , 1959• Y YUR THE CITY OF ROS-I'PitAD 1TST : -CITY-CLERK CF THE CITY OF R4MF:ATJ 1._I CHAPTER 1912 - STATUTES OF 1957 SECTION 1: Article 6 is added to Chapter 5 of Part 1 of Divisi.c;; 2 of Title 5 of the Government Code, to read: ARTICLE 6 Purchases of Supplies and Equipment by Local Agencies Sec. 54201. "Local agency." As used in this article, the term "local agency" means every city, county, city and county, district, or other local governmental body or corporation empowered to expend pub- lic funds for the acquisition of property. Sec. 54202. Policies and procedures to be adopted by local aency: Prohibitions: Purchases of supplies and equipment to be in accordance with adopted policies and applica e law. Every lbca gency s a adop policies an procedures , including bidding regula- tions, governing purchases of supplies and equipment by the local agency. Purchases of supplies and equipment by the local agency shall be in accordance with said duly adopted policies and in accordance with all provisions of law governing same. No policy, procedure, or regulation shall be adopted which is inconsistent or in conflict with statute. Sec. 54203. Same: Manner of adoption where local agency is city, county, or city an county. I e oca agency is a city, a county, or a city and county, he policies provided for in Section 54202 shall be adopted by ordinance in the manner provided by law or by charter, as the case may be. Sec. 54204. Same: Manner of adoption where local agency is other than eity;c.ou_nty, or city and ccui~:ry. i° tthe local agency .s osier :!:zan a city, c;;u:,ty, cr city _ county, the policies provided for in Section 54202 shall be adopted by means of a written rule or regulation, copies of which shall be avai.:table for public distribu- tion. 1.