Chapter 3.30
PURCHASING PROCEDURES
Sections:
3.30.010 Adoption of purchasing system.
3.30.030 Purchasing procedure.
3.30.080 Purchasing of services.
3.30.090 Lowest responsive responsible bidder.
3.30.110 Lease vs. purchase analysis.
3.30.010 Adoption of purchasing system.
Pursuant to Sections 54201 to 54205 of the Government Code of the State of California the following purchasing system shall be adopted in order to establish: efficient procedures for the purchasing of supplies, equipment, and services; and to define responsibility and internal controls for the purchasing function. [Ord. 298 § 1, 2012.]
3.30.020 Purchasing officers.
The responsibility for the solicitation and purchase of supplies, services and equipment is vested in the City’s department heads and City Manager, who shall be deemed the City’s purchasing officers. Each purchasing officer shall have the authority to delegate his/her purchasing responsibilities to an appropriate staff person within the department.
Each purchasing officer shall have the responsibility of and authority to:
(1) Purchase supplies, services, and equipment as necessary for any department within the City;
(2) Negotiate and recommend execution of contracts for the purchase of supplies, services, and equipment;
(3) Act to procure for the City the needed quality in supplies, services, and equipment at the least expense to the City;
(4) Endeavor to obtain the most full and open competition as reasonably possible on all purchases;
(5) To maintain a bidders list, vendor’s catalog file, and other resources needed for the efficient operation of the purchasing system;
(6) To verify the conformance of all supplies, services, and equipment with the specifications given prior to procurement;
(7) To recommend the transfer or sale of surplus supplies and equipment, pursuant to applicable State of California Government Code;
(8) To ensure the safekeeping and proper handling of all supplies and equipment;
(9) To oversee and be accountable for any employee who has been delegated purchasing responsibilities on behalf of a purchasing officer;
(10) To recommend to the City Council revisions and amendments governing the purchasing procedures;
(11) Keep informed of current developments in the field of purchasing, prices, and new products;
(12) Prescribe and maintain records as necessary to conform to this chapter and to maintain internal purchasing controls. [Ord. 298 § 2, 2012.]
3.30.030 Purchasing procedure.
Except as otherwise provided in this chapter, all purchases and contracts for supplies, services, and equipment shall be procured by the purchasing officer or his/her delegate.
(1) Purchasing Limits. Purchases over $5,000 shall be approved by the City Manager prior to procurement; and purchases over $10,000 shall be approved by formal action of the City Council prior to procurement.
(2) Encumbrance of Funds. Except in cases of emergency pursuant to RDMC 3.30.070(1), or where specific authority has been obtained by the City Manager, no purchase shall be made unless an unencumbered appropriation exists in the fund account against which the purchase is to be charged. [Ord. 298 § 3, 2012.]
3.30.040 Petty cash.
Petty cash shall only be dispersed or reimbursed with prior approval from a purchasing officer. All individuals requiring a petty cash disbursement or reimbursement shall be required to complete the appropriate claim forms. Receipts shall be required to substantiate all purchases. Petty cash disbursements shall not exceed $50.00. [Ord. 298 § 4, 2012.]
3.30.050 Bidding procedure.
All bidding procedures shall be conducted pursuant to the Public Contract Code Sections 20161 and 22030 through 22045. [Ord. 298 § 5, 2012.]
3.30.060 Informal bidding.
Pursuant to subdivision (b) of Section 22032 of the Public Contract Code the City shall enact an informal bidding procedure as follows:
(1) The City shall maintain a list of qualified contractors, identified according to categories of work. The contractors list shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(2) All contractors on the list for the category of work being bid and all appropriate trade journals shall be mailed a notice inviting informal bids unless the product or service is proprietary.
(3) All mailing of notices to contractors and construction trade journals pursuant to subsection (2) of this section shall be completed not less than 10 calendar days before bids are due.
(4) The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for submission of bids.
(5) The City Council delegates the authority of awarding informal bids to the City Manager or his designee.
(6) If all bids received are in excess of the authorized informal bid limit set forth in Section 22032 of the Public Contract Code, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract for an additional 10 percent to the lowest responsible bidder if the City Council determines the cost estimate for the project was reasonable. [Ord. 319 § 1, 2014; Ord. 298 § 6, 2012.]
3.30.070 Bidding exceptions.
All bidding procedures shall be conducted pursuant to RDMC 3.30.050 except:
(1) In an emergency as determined by the City Manager to provide an essential City supply, service, or piece of equipment affecting the public health, safety, or welfare that would be detrimentally delayed under the normal bidding procedure.
(2) If the supplies, services, and/or equipment is only available through one vendor, as determined by the City Manager.
(3) When the City has a cooperative agreement with another public agency to purchase an item at a discounted bulk rate.
(4) If the purchasing officer finds that negotiations shall better the City due to the nature of the supplies, services, and/or equipment. [Ord. 298 § 7, 2012.]
3.30.080 Purchasing of services.
Request for proposals shall be required for professional services for which standard specifications cannot be drawn, or when professional policies prohibit competitive bidding. At minimum three proposals shall be reviewed prior to the hiring of professional services. Requests for proposals shall not be required for procurement of services for which the City has already established contracts. [Ord. 298 § 8, 2012.]
3.30.090 Lowest responsive responsible bidder.
The lowest responsive responsible bidder conforming to the required bid specifications who the City deems able to perform the contract as promised. [Ord. 298 § 9, 2012.]
3.30.100 Codes of conduct.
(1) Unlawful Purchases. No purchases or contracts shall be made contrary to the provision of this chapter. No contract shall be purposely split or subdivided to avoid the provisions of this chapter.
(2) Conflict of Interest. No City of Rio Dell employee, consultant, elected official, appointed official or designated agent of the City of Rio Dell will take part or have an interest in the award of any purchasing transaction if a conflict of interest, real or apparent, exists. A conflict of interest occurs when the official, employee or designated agent of the City of Rio Dell, partners of such individuals, immediate family members, or an organization which employs or intends to employ any of the above has a financial or other interest in any of the competing firms.
Note: These rules apply to all named parties and shall be effective for the period of service and for one year after leaving said position (or office, in the case of elected officials).
(3) Acceptance of Gratuities. No City of Rio Dell employee or designated agent of the City of Rio Dell shall solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, subcontractors or potential subcontractors.
(4) Penalties. Any employee or designated agent of the City of Rio Dell who knowingly and deliberately violates these provisions will be open to civil suit by the City of Rio Dell without the legal protection of the City of Rio Dell. Such a violation of these purchasing standards is grounds for dismissal by the City of Rio Dell (if an employee) or such sanctions as available under the law (if an elected official).
Any contractor or potential contractor who knowingly and deliberately violates the provisions of these procurement standards will be barred from future transactions with the City of Rio Dell. [Ord. 328, 2014; Ord. 314 § 11, 2014; Ord. 298 § 10, 2012.]
3.30.110 Lease vs. purchase analysis.
Normally the City encourages the outright purchase of equipment as opposed to lease, lease-purchase, rental, or rental-purchase agreements. In most situations, the outright purchase will prove to be the most economical if calculated over the useful life of the product. However, there may be certain situations that warrant further investigation of lease or rental options. These situations are summarized as follows:
(1) Short-term or seasonal needs for equipment may dictate that purchase is unreasonable. If the period of need for the equipment is substantially less than its anticipated useful life expectancy, then rental or lease options should be investigated and compared to the purchase cost less the anticipated resale value.
(2) In case of highly technical equipment, whose useful life cannot be accurately projected, and lease or rental options are offered through the manufacturer, the distributor or third parties may be investigated as a viable alternative to purchase. In such situations analytical comparisons of purchase, lease or rental options should be made to determine which represents the best interest of the City.
(3) Ancillary benefits of the lease or rental (maintenance costs, upgrades, vendor promotions, special marketing incentives) and situations where the net additional cost of lease or rental is less than the cost of money make that type of arrangement the more prudent investment.
When initiating a requisition for the lease, lease-purchase or long-term rental of equipment, the originating department should clearly explain the necessity or desirability of that type of arrangement.
Departments should first attempt to find the necessary funds from internal resources. If no such internal options exist, evaluate existing payment options to determine the most effective course of action for the City. If it is determined that a loan option is cost effective, the department head should request approval through the City Manager. [Ord. 314 § 10, 2014.]