Ordinance No. 66 1
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ORDINANCE NO. 66
AN ORDINANCE OF T~E SOUTH T~0E PUBLIC U~ILIT!
DISTRICT PROVIDING FOR THE PUROHAiE 0F SUPPLIES
A~D ADVERTISING
BE IT ENACTED by the Board of Direc~,ors of South Tahoe
Public Utility District:
Section 1.
be as follows:
Section 1.
Section 4.
Section 5.
Section 6o
Seotton ~:
Section
Section 9,
Section 10.
~ection 11.
Section 12.
Section 13.
Section 14.
Section 15.
~eotton 16.
Section 17.
Index. The index %0 this Ordinance shall
Index
Adoption of Purchasing System
Purchastm~g 0fftoer
Emergency Purchases
Estimates of Requirements
Requisitions
Bidding
Purchase Order
Encumbrance of fund
~o~mal Oontrac$ Preoedure
Open Market Procedure
P~rchases Under $50.00
Inspection and Testing
Surplus Supplies
Temporary Purchasing Officer
ieverabtltty
Effective Date
order to establish efficient procedures for tbs purchase of
supplies and advertising, to secure au~plteo and advertising for
~he District a~ the lowest possible cost commensurate with the
quality needed, to exercise positive financial control over
purchases, to clearly define authority for the ~purohasing function
and to assure tbs quality of purchases, a purchasing system in
2e~eby adopted.
Section 3. P~ro~asing Officer. There is hereby
classified a place of employment of Purchasing Officer. Unless
otherwise amended by an Ordinance hereinafter enacted, the Pur-
chasing Officer of the District shall be t~e General Hanager. T~e
l~a~ehasing Officer shall~
(a) Recommend to the Board of Directors for
their determination annually w~at goods, merchandise, stores,
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subsistence, ma2ertals and o2her supplies and all other supplies
and advertising will be needed by the District for ~he ensuing
year and t~e oondi2ions upon which proposals should be received
therefore and the ~ime of delivery of Articles and quan21ty
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~ WF. IDMAN
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thereof.
(b) ~pon determination by the Board of the
supplies and advertising needed by the District for ~he ensuing
year. to prepare a schedule for submission to the Clerk ,bowing
all articles needed by ~heDlatrict and it, several officers.
mentioning the Articles in general and at,ting tbs conditions upon
which proposals will be received and 2he ti=e for delivery of
Articles and the quantity ~hereof.
(c) Where no contract bas been entered into
by the Board for purchase of supplies and adverti,ing a~ any ome
time of any articles which do not exceed in amount ~be sum of TWO
THOU~D DOLLARS ($2.000.00). and upon authority of the Board to
purcha, e articles without 2he necessity of advertising or letting
con2ract,, the purchasing Officer shall negotiate amd recommend
execution of comtracts for 2he purchase of supplies and ,dyer-
2tatng.
(d) Act to procure for the Dis2rtct She needed
22 quality and supplies a2 the lea, t expense to the District.
(e) Discourage uniform bidding and endeavor 2o
24 eb2ain as full and open oompe~ition as possible of all purchases.
(f) Prepare and recommend to 2he Dis~rto~ rules
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(g) Prepare and recommend 2o 2he Dts2rtct
revisions and amendments to the purchasing rules.
(~) Xeep informed of current developmen2s in
the field of purchasing, prices, marke~ conditions and new pro-
prescribe and maintain .uc~ forms as
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BE:V'~'~L¥ AND WEIDMAN
reasonably necessary to the operation of this ordinance and other
rules and regulations.
(j) Supervise the inspection of all supplies
purchased to insure conformance with specifications.
(k) Recommend the transfer of surplus or
unused supplies between any departments if needed and the sale and
dispesal of all supplies which cannot be used by the District.
Section ~. ~ergency Purchases, Notwithstanding any
other provisions herein to the contrary, but subject to existing
State Law, in the event of any emergency, the Purchasing Officer
is authorized to purchase supplies witbout prior Board approval
and without the necessity of advertising or let$tng contracts; an
"emergency" as used in this section shall be deemed to exist when
supplies are needed without due delay, for the preservation of
life or proper~Y or to preven~ the breakdown of a District service
at a substantial expense to the District and if the supplies have
not been contracted for or are not immediately available for any
reasonable cause whatsoever. Ail emergency purchases made under
this section shall be approved or confirmed by the Purchasing
Officer, or upon his failure or refusal to do ~o by the Board of
Directors and unless so approved the cost 2hereof shall not con-
stitute a legal charge against the District but shall constitute
a charge against the person making the same. No purchase shall
be approved or confirmed by the purchasing Officer or b~ the
Directors under this Section excepting on an express finding by
the purchasing Officer or by the Directors that an emergency did
actually exist at the time cf or the acquisition of such personali
proper%y or such supplies.
8action 5. Es~a~es of Requirement~. All employees
and Departments shall file detailed estimates of their requirement
for supplies at such time and for such future periods as
Purchasing 0ffioer s~all prescribe.
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BEVERLY AND WEIDHAN
Sec~ion 6. Requist~i0~. All employees and Deparemenes
shall ~ubmt~ requeses for supplies ~o ~he Purchasing Officer by
seandard requisition for~s.
~ee~ton 7. ~. Purchasing supplies shall be by bid
procedures pursuan~ ~o ~ec~ions 10 and 11. Bidding shall be dis-
pensed wl~h only when an emergency requires ~ha~ an order be
placed wt~b ~he neares~ available source of supply as hereinabove
ae~ forth.
Section 8. Purcha.s.e.0rder. Purc~ase of supplies shall be
made only by purck)ase order.
Section 9. ~i~um.br. ance..of f~nd. Excep~ In cases of
emergency, %he Purchasing Officer shall nos issue any purchase
order for supplies unless ~ere exists an unencumbered approprla-
~ion in 2.he fund accoun~ agains2 w~ic~ Said purchase is ~o be
charged.
Section 10. Formal Co~2r~0$...~.r0cedure. Excep~ as o~er-
wise provided ~ereln purchases for supplies and adver~ising of
es~imaeed value grea%er ~han TWO T~OUSAIID DOLLARS ($2,000.00)
shall be by ~ri2~en oon~rac~ wi2h ~he lowes~ or higbes2 responsi-
ble bidder as ~he case may be pursuan~ 2o ~he procedures described
herein.
(a) Excep~ aa o~herwtse provided, 2he Board
shall de2e~mtne annually wha~ goods, merchandise, s~orea, sub-
sts2ence, ma2erials, and o2her supplies will be needed by ~he
Dls2rtc~ for ~he ensuing year.
(b) Excep~ as o~he~wise provided in Shis
division, ~he Board shall annually adver21se for sealed bids for
furnishing ~he Dis~rlc~ wt~b goods, mercbandise,.s$ores, sub-
sts2ence, prln2ing, ma2erials, and all o~her supplies, and adver-
tising. The advertisemen~ shall be published for ~en days in ~
newspaper in ~he County in whleh~$he grea~er par~ of ~he Dis~ric~
is si~uaSed, re~olarly published once a week or of 2ener, and s~all
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MAIN mTR E ET
consist of two publications with at leas~ five days intervening
between the dates of tbs first and last publication, not counting
the publication dates. Publication shall commence upon the first
day of publication and terminate at the end of the tenth day of
publication, including therein the first day.
(c) Ail bids shall be upon a schedule prepared
by the Clerk, showing all articles needed by the District and its
several offices and shall state separately the price of eac~
article to be furnished. Any person may bid upon any article
separately.
(d) Notices of proposals for furnishing articles
shall men~lon tbs articles in general and shall state ~hat
conditions and schedule showing all articles needed by the
District and its several offices may be found in ~he office of
Clerk of the District and that t~e articles are to be delivered at
such times, in such quantities, and in such mamner as the Board
may designa~e.
(e) Ail proposals shall be accompanied with
certificate of deposit or certified check of 10 per cent of
amount of the bid, drawn on a solvent bank within the District
or the County in,which the District is located, payable at sight
~o tbs order of t~e Clerk of the District.
(f) If tbs bidder to w~om the contract is
awarded fails or neglects to enter into ~e contrac~ and file the
required bond for five days after ~he award, the Clerk shall draw
t~e money due on ~e certificate of deposit or check and pay it
into the ~reasury of t~e Dts~rict. Under no circumstances sball
2be oer%tfXcate of deposit or check or the proceeds thereof be
returned to tbs defaulting bidder.
(g) The Clerk shall furnish printed bla~s
for all proposals, contracts and bonds.
(h) In considering bids ~he Board may accept
or reject all or any of them, or m~y accept or reject part of a
bid, preference being given to the lowest responsible bidder. The
award as to each article shall in all cases be made to t~e lowest
bidder for such article.
(l) Ail supplies furnished the Distric~ or
its officers shall be furnished at a price mo greater t~an is
specified in the bid accepted by the ~oard.
(J) Ail bids shall be opened by the Board at an
hour and place to be stated in the advertisement, for proposals,
in the presence of all bidders who a~end, and the bidders may
inspect ~he bids.
(k) Ail contracts shall be made with the
lowest responsible bidder, who shall give bonds with sufficient
sure,les for the faithful performance of his contract.
(1) Except as otherwise provided, no officer
or employee of the District s~all order any article or make any
publlcatto~ w~ich ia not expresely authorized ~y Division 7 of the
Public D'ttlities Code of the State of Oalifornia, or by the Board.
Section 11. 0~.en. Market.pr.p.ced.u~.e. The Board of
Directors may purchase articles of supply and advertising without
the necessity of advertising or letting contracts where the amoun'
involved in the purchase at any one time of any article for which
no contract has been entered into does not exceed two thousand
dollars ($2,000.00). ~uoh purchases may be mede after aut~oriza-
tion by the Board by the Purchasing Officer in the open market
without observing the procedure prescribed in Section 10.
(a) Minimum number of bids. Open market
purchases shall, wherever possible, be based on at least three
bids, and shall be awarded to the lowest responsible bidder.
(b) Motice inviting bids. The Purch~slng
Officer shall solicit bids by written requests to prospective
vendors, by telephone, and by public notice posted on a public
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BEVERLY AND WEIDMAN
P ~VILLE, {~A411=".
bulletin board in %he Dis2ric2 offices.
(c) Written bids. Sealed wrlt2en bids shall
be submi~ted to ~he Purchasing Officer, who shall keep a record
of all open marke~ orders and bids for a period of one (1) year
after ~he submission of bids or ~he placing of orders. T~ls
record while so kept, s~all be open to public inspection.
Sec2ion 12. Purchases Under $~0.0~. Where supplies
and advertising are of an es~ima2ed value cf less 2hah fifty
dollars ($50,00), t~e procedures of Section 10 and Section 11 do
no~ apply.
Section 13. ~nspec~lon and ~es.tlng, The Purc~asing
Officer shall inspect supplies delivered, 2o de~ermlne ~eir
conformance wi2h t~e specifications se2 forth in the order or
contract. T~e Purchasing Officer s~all ~ave a~thori~y 2o require
o~emioal and physical *es~s of samples submit2ed with bids and
samples of delivery which are necessary to de~e~mlne their quali2y
and conformanc~ with specifications.
2ec2ion 1~. ~rp~us Supplies.. Ail departments and
employees shall subm. i2 to ~he Purchasing Officer a2 such 2Jmes
and in suc~ form as he shall prescribe, reports sho~tng all
supplies w~i~h are no longer used or, which ~ave become obsole2e
or worn ou2. The Purchasing Officer shall have authority ~o sell
all supplies and eq~ipmen~ which canno~ be used by any depart, merit
or e~loyess or which ~ave become unsutSable for dis%tic% use, or
~o exchange the same for, or ~rade in ~he same on new supplies.
~uch sales shall be mede pursuant ~o Section 10'or 11, w~lc~ever
is applicable.
Section 15. ~emporar7 Purchasing .Officer. The Pu~-
chasing Officer shall be appointed subJec~ 2o 2be approval of 2he
Board of Directors, one of ~he o~ber officers, or depar~men~ ~eads
of the Dls2ric$, ~o serve as purchasing officer Pro Tempore during
any temporary absence or dlsablli~y of the Purchasing Officer.
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In case of *he absence or dtsabilley of *he Purchasing Officer and
bi~ failure to so ~gpolnt a Purchasing Cfficer ~ro Tempore,
Board may designate some qualified District employee eo oerfo~m th,
duties of the Purchasing Officer ~urlng the perio4 of absence
di=sbllity of said Purchasing Officer, subJec~ however, eo said
person furnishing an official bond, in the same subs*anco snd
form as required of the General Manager of said District pursuant
tO Section 3 of Ordinance No. 59 of the South Tahoe Public U~ltty
District.
Secelon 16. ~e__v~r~a~. If any ~ection,
subdivision, sentence, clause, or p.~rase of this Ordinance ia for
any reason, held to be unconstt~utionsl or otherwise invalid,such
decision.shall not effect t~e validity of the r?m~lning oortions
of th~s Ordinance. The Board of .Directors ~ereby declare
would have passed t~is Ordinance, and each secttou, sub~ection,
subdivision, sentence, clause and phrase thereof, irrespective of
the fact that any one or more sections, subsect~cns, subdivisions,
~entences, clauses or phrases be declared uncons~ituttonel or
otherwise invalid.
Section 17. Effective Date. This Ordinance shell tak,
effect from and after ~hi~%y days after its passage. Ae
cue week before the expiration of said thirty days, copies of
this ordiaance s~all be posted by t~e Clerk at three public
places in the District sad a copy shall be published at least one
week prior to the expiration of said thirty days in the Tahoe
Sierra Tribune, a newspaper of general circulation prtnte~ and
published in %he District, one time.
PASSED AND ~Pi'ED t~i~ 22nd d~y of September, 1960, at
&dJourmed regular ~eeting of the Board of Directors of
Taboo Public Utility District by the following ~o%e:
AY~..~S: Directors Goeringer, Souza, Wakem,n ~nd Wall
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~EVERLY AND WEIDMAN
NOES: Directors: None
ABSE~: Director Pankost
%be Board of Directors of South
Tahoe Public Utility District
ATTEST:
of South Tahoe Public Utility
District amd Ex-Officio SecretarT
of ~he Board of Directors thereof
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CERTIFICATE OF ORDINANCE
I, VERNON J. WALL, Assistant Clerk of the South Tshoe
Public Utility District, County of E1 Dorado, State of California,
and Ex-Officio Secretary of the Board of Directors thor,of, do
hereby certify that the foregoing is a true, full and correct
copy of an ordinance adopted by the Board of Directors of the
South Tahoe Public Utility :District at an adjourned regular
meeting duly held on ~eptember 22, 1960, by t~e following vote
of the members of the Board of Directors ~hereof:
AYES:
NOES:
ABSENT
Directors Goerlnger, Souza, Wakeman and Wall
None
Director Pankost.
(
of South Tahoe Public Utility
District and Ex-Officio Secretary
of t~e Board of Directors.
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BEVERly AND W£1DMAN
'~VI LLE, CALl F.
CERTIFICATE OF ~0~.~ING
STATE OF CALIFORNIA)
( SS.
COU~I'Y OF EL DORADO)
I, the undersigned, do hereby certify that I am the
Assistant Clerk of the SOUTH TAHOE PUBLIC UTILITY DISTRICT,
County of E1 Dorado, State of California, and Ex-Officio Secretary
of the Board of Directors thereof.
On the ~-: day of ........ , 1960, I posted the
Ordinance to which this certificate is attached, by posting a
full, true and correct copy therein on each of the three (3)
public places within the District Boundaries, t~ wit: One (1)
copy at Stateline, California Post Office; one (1) copy at Bijou,
California Post Office and one (1) copy at Tahoe Valley,
California Pos% Office.
IN WITNESS WHEREOF I have hereunto subscribed my name and
affixed the seal of the SOUTH TAHOE PUBLIC U~'ILII~ DISTRICT, ~hts
~. day of , 1960.
~e'rno~' Ji'W~ll;' ASsls%ant Clerk-'I
of the South Tahoe Public O~tlltyt
District and Ex Officie~.~ Secreta~
of the Board of Directors thereofl
(SEAL)