HomeMy WebLinkAboutRES 1958-06 - Board RESOLUTION NO. 5806
of
TRUCKEE PUBLIC UTILITY DISTRICT
ADOPTING POLICIES GOVERNING THE PURCHASES
OF SUPPLIES AND EQUIPMENT AND ESTABIEHING
RULES AND REGULATIONS THEREUNDER
WHEREAS, Article 5, Chapter 4, Division 7 of the Public
Jtilities Code of the State of California, has, among other
,-kings, established certain limitations and requirements applicabli
-..o the purchase of supplies and advertising by a public utility
District; and
WHEREAS, Article 6, Chapter 5, Division 2 of the Government
,..ode of the State of California, being Sections 54201 through
A204 thereof, was added by the Statutes of 1957, and provides,
among other things, for the adoption of policies and procedures
yoverning the purchases of supplies and equipment, and the
establishment of rules and regulations applicable thereto by the
Local agencies therein defined; and
WHEREAS, this said Truckee Public Utility District is a
)ublic utility district duly organized and existin under and by
--eason of the laws of the State of California, inctuding the
?ublic Utilities Code thereof, and is a local agency within the
weaning of the Government Code sections hereinabove referred to;
ind
WHEREAS, said Truckee Public Utility District intends hereby,
:o adopt its policy governing the purchases of supplies and
A.quipment therefor and to establish rules and regulations appli-
.able thereto;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of
"RUCKEE PUBLIC UTILITY DISTRICT, as follows:
1. That in order to establish a standard policy and effi-
:ient procedure for the purchase of supplies and equipment at the,
.east possible cost commensurate with uality needed, a purchas-
..ng system and policy is hereby adopte2.
2. That the purchases of supplies and equipment for said
listrict shall be centralized in the office and under the genera`
3upervision of the General Manager of said district,, who shall
iave authority, subject to the jurisdiction of this Board of
.directors, to
(a) Purchase or contract for supplies and equipment,
--equired by this District or any department or apncy thereof, , f,
accordance with the applicable rules and regulations hereunder:,
idopted and from time to time hereafter established, modified
3r otherwise amended by this Board of Directors*
(b) Negotiate for and recommend the execution of cot,"
'.-racts for the purchase of supplies and equipment*
(c) Act to procure for the District, quality in suf"!'!
flies and equipment at the least expense to the District and;
full and open competition as possible to all purchases.
(d) Prepare and recommend rules, amendments, additions
in or modifications to purchasing policies or rules and regula-
tions applicable to the purchase of supplies and equipment.
(e) Prescribe and maintain, in cooperation with the
Clerk of the District, such forms as may be necessar or conveni-
ent to effect the purposes hereof and to carry out t e per-
formance of the rules and regulations applicable to purchases
of supplies and equipment.
3. On or before May 1st of each year all officers, agencies
and departments of this district shall pre are and submit to the
General Manager hereof an estimate of requ red supplies and
equipment for the ensuing 12 months' period, or for such addi.
tional time as the General Mana er may direct. The General
Manager shall tabulate such est mates, together with an estimate
of other supplies and equipment, includin contemplated advertis-
ing of legal notices by said District dur ng the ensuing year, and
shall submit the same to the Board of Directors on or before
July 1st of each year for the purpose of approval thereof and
action thereon by said Board of Directors, in accordance with the
provisions hereof and code sect:�ons applicable thereto.
4. Publication of notices, bidding, bid forms, bid security
awards or rejection of bids, and -contract security shall be in
conformity with the provisions of Article 5, Chapter 4, Divi-
sion 7 of the Public Utilities Code of the State of California,
and any and all amendments thereto or modifications thereof, ex-
cept in such respects as this Resolution, and said rules and
regulations, and any amendments or modifications hereto or theret
be not in conflict therewith.
5. Subject to the provisions of Article 5, Chapter 4,
Division 7 of the Public Utilities Code purchases of supplies
and equipment of an estimated value of 2,000, or less, may be
made b said General Manager in the open market without follow-
ing the purchasing procedures herein and in said rules and
regulations prescribed; provided, however, that where possible
said open market purchases shall be based on at least three (3)
sealed bids, solicited by written request, telephone or posted
public notice, and shall be awarded to the lowest responsible
bidder.
b. If any paragraph, subparagraph, provision, sentence or
phrase of this resolution, or of the rules and regulations
adopted hereunder be held unconstitutional or otherwise invalid,
such decisions shall not affect the validity of the remaining
portions or parts.
BE IT FURTHER RESOLVED:
1. That there is attached hereto, marked Exhibit "A" and
by this reference incorporated hereto, a copy of the Rules and
1� gulations of this District applicable to the purchases of sup-
pTies and equipment by this District, which said Rules and Regu-
lationb are hereby adopted and made a part of the official record
of this District; copies of said Rules and REgulations, and any
amendments thereto shall be maintained on file in the office of
this District and shall be available for public distribution.
Dated: , 1958.
TRUCKEE PUBLIC UTI ITY DISTRACT.
ATTEST: By00
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The foregoing Resolution No. �. was duly passed and
adopted by the Board of Directors hereof on the day of
1958, by the following vote:
Ayes: xorman- King- Welch
Noes: None
Absent: Neu`;ebauer- Kaspian
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Clerk o the--Board a rectors o
Truckee Public Utility District,
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RULES AND REGULATIONS
of
TRUCKEE PUBLIC UTILITY DISTRICT
GOVERNING PURCHASES OF SUPPLIES AND
EQUIPMENT
Pursuant to Sections 54201 - 54204 of the Government Code,
rind Sections 16231-16244 of the Public Utilities Code of the
.Mate of California, the Board of Directors of Truckee Public
".utility District did, by Resolution No.,5'6`0 ( , dated
1958, adopt its policy governing the purchases of supp s an
equipment therefor, and establish the following as its Rules and
regulations applicable thereto.
I. PURPOSES: The purpose of these rules and regulations is to
Facilitate the efficient, orderly and economical administration
A the purchasing of supplies and equipment.
II. DEFINITIONS: The following terms used hereunder shall be
--onstrue as follows:
1. DISTRICT - The Truckee Public Utilit District,
Lncluding any and all departments or agencies t ereof.
2. LOWEST RESPONSIBLE BIDDER - In addition to price, the
Lollowing factors shall also be considered:
(a) The ability, capacity and skill of the bidder to
aerform the contract or to provide the supplies and equipment
equ ired;
(b) Whether the bidder has the facilities to perform
the contract or provide said supplies and equipment promptly, on
time and without delay or interference;
(c) The character, integrity, reputation, judgment,
experience and efficiency of the bidder;
(d) The bidder' s record of performance of previous
end existing contracts; compliance with laws applicable thereto,
and the number and scope of conditions attached to the bid, if any
(e) The quality, availability and adaptability of sup
a lies and equipment specified and the ability of the bidder to
)rovide future maintenance;
3. RESPONSIBLE BID - An offer, submitted by a responsible
bidder to furnish or sell supplies and equipment in conformity
,pith the specifications, delivery terms and other provisions
applicable.
4, PURCHASES - Includes leases or rentals of supplies and
-1quipment, as well as transactions by which' the District acquires
)wnerf'iip,
5. SUPPLIES AND EQUIPMENT - Includes any and all articles,
things or personal property furnished to or used by the District,
�)r any agency or department thereof.
III. NECESSITY OF BID ADVERTISING AND CONTRACT LETTING:
1. Pursuant to the provisions of Section 16544 of the
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Public Utilities Code of the State of California, articles may be
purchased without the necessity of advertisin for bids or lettin8
L contracts therefor where the amount involved the purchase at
any one time does not exceed $2,000.00.
2. Where the cost of an article for which no contract
nas been entered into exceeds $ ,000.00, the Board shall advertise
for sealed bids for furnishing,, such articles.
3. Though the amount involved in an purchase be below
the limit specified in Paragraph 1 above, t e Board of Directors
of said District ma , and the General Manager thereof shall,
:upon direction of t e Board, nevertheless advertise for bids and
purchase supplies and equipment hereunder in accordance with the
provisions and biddin procedures herein set forth and referred
to where, in the opin on of said Board, such procedure will be
in the best interests and for the benefit of said District.
IV. ` ADVERTISEMENT FOR BIDS;
1. Subject to the rovisions of Division 7 of the Public
Utilities Code, the Board s all annually advertise for sealed
bids for furnishing the District with goods, merchandise, stores,
subsistence, printing, materials, and all other supplies and
advertising.
2. Advertisement for bids hereunder shall be made pursu-
ant to Government Code Section 6062, to-wit: ten (10) days.
3. PublieaLion of call for bids or proposals hereunder
shall be in a newspaper of general circulation in the county
ahereir. the district, or the greater part thereof, is situated.
V. BIDS
1. All bids shall be upon a schedule prepared by the
lerk of the District, showing the articles needed by the District
and its departments and agencies, and stating separately the
price of each article to be furnished.
2. Any person may bid upon any article separately.
VI. NOTICES OF PROPOSALS OR CALLS FOR BIDS:
to Notices of proposals or calls for bids for furnishing
articles, supplies and equipment shall describe the same- gener-
illy, shall state that the conditions and bid schedule may be
found at the office of the District Clerk, and that the articles,
Supplies and equipment shall be delivered at such times, in such
juantities and in such manner as the Board of Directors may
Designate.
2. Notices of proposals or calls for bids shall also
to to the time and place for the opening thereof.
VII. PROPOSAL OR BID SECURITY:
All proposals or bids shall be accompanied with a
-ertificate of deposit or certified check equal to ten per cent
(10%) of the amount of the proposal or bid, drawn on a solvent
)ank within the ,District or the county in which the District is
Located, payable at sight to the order of the Clerk of the
)istrict.
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VIII. DISPOSITION OF DEPOSIT OR CHECK:
If the bidder to whom the contract is awarded fails or
neglects to enter into the contract and file the required bond
for five (5) days after the award thereof, the Clerk cE the Dis-
trict shall draw the money due on the certificate of deposit or
check and shall pay de it into the treasury of the District, and und
no circumstances s deposit o,
the certificate of osit or check be
returned to the defaulting bidder.
IX. BID FORMS AND RELATED DOCUMENTS:
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The Clerk of the District shall furnish printed blanks
,and forms for all proposals, bids, contracts and bonds.
X. BID OPENING
1. Sealed bids shall be submitted to the District and
shall be identified as bids on the envelope.
2. All bids shall be opened by the Board at the hour
and place stated in the advertisement therefor, in the presence
of all bidders who attend, and the bidders may inspect the bids.
XI: ACCEPTANCE AND REJECTION:
1. The Board may accept or reject any or all bids, or
nay accept or reject part of a bid, preference being given to
the lowest responsible bidder.
2. The award as to each article shall in all cases be
nade to the lowest bidder for such article.
XII: TIME OF AWARD:
Action by the Board in acceptance or rejection of bids,
ar parts thereof, shall be had within ten (10) days from the
date of opening thereof, unless specified otherwise in said ad-
vertisement, and no bid may be withdrawn during such period.
XIII: PRICE:
All supplies and equipment furnished the District, or
Lts departments or a encies shall be furnished at a price no
,rester than is spec fied in the bid accepted by the Board.
XIV. AWARD - BOND:
1. All contracts shall be made with the lowest responsi-
)le bidder, who shall provide bonds with sufficient sureties to
'assure the faithful performance if said contract.
2. The amount of such bond shall be not less than that
specified by the Board of Directors, or the laws applicable
:hereto, whichever is higher.
XV. AUTHORIZATIONS:
No officer or employee of the District shall order any
articles, supplies or equipment, or make any publication not
authorized by the Board of Directors of said District or by
)ivision 7 of the Public Utilities Code of the State of California
XVI o SEVERABILITY AND APPLICATION:
1. If any provision of these Rules and RVgulations, the
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Laws pursuant to which the same are adapted, or the application
-hereof to any person or circumstance is for any reason held in-
ialid or unconstitutional, such decision shall not affect the
-emainder of the provisions hereof or thereof.
2. Nothing herein contained shall be construed to limit
.he authority of the Board of Directors to amend, modify, su plea*
cent or change any rules or re ulations herein or subsequent y
:stablished or adopted, and al such authority so to do is hereby
.eserved.
XVII. EFFECTIVE DATE:
T4 Rules and Regulations shall become effective as of
-his ay of , 1958, being the date of ado -
Aon an approval t ereo y the Board of Directors of Truc ee
'ublic Utility District.
TRUCKEE PUBLIC UTILITY DISTRICT.
By
` 48ent.
�MEST:
c Clerk,
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