Merced Municipal Code Art. I General Provisions

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases in this section are defined as follows:

A. "Bidder's list" means a current file of sources of supply of articles for each category of commodities repetitively purchased for city use.

B. "Purchasing supervisor" means the person appointed by the city manager as the purchasing officer for the city.

C. "Contractual services" means rental, repair or maintenance of equipment, machinery and other city-owned personal property, and other services of like nature.

D. "Department" means any department, division, agency, board, commission, committee or other unit of the city government which derives its support wholly or in part from the city.

E. "Lowest responsible bidder" means a bidder who, in addition to price, has:

1. The ability, capacity and skill to perform the contact;

2. The facilities to perform the contract promptly, or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience and efficiency to perform the contract according to its terms;

4. A favorable record of performance of previous contracts;

5. A favorable record of compliance with laws and ordinances relating to the contract;

6. Sufficient financial resources to perform the contract;

7. The quality, availability and adaptability of the supplies and equipment to the particular use required;

8. The ability to provide future maintenance and service for the use of the subject of the contract; and

9. A minimum number and limited scope of conditions attached to the bid.

F. "Materials, supplies and equipment" means any and all articles, things or personal property which are furnished to or used by any department of the city government.

G. "Open market purchase" means a purchase made without prior newspaper advertising or city council action.

H. "Purchase" means the acquisition of materials, supplies, equipment and contractual services, including leases or rentals, as well as other transactions by which the city acquires ownership.

I. "Responsible bid" means an offer submitted by a responsible bidder to furnish materials, supplies, equipment or contractual services in conformity with the specifications, delivery, terms, conditions and other requirements included in the invitation for bids.

J. "Responsible bidder" means a bidder who submits a responsible bid and who is not only financially responsible but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms.

K. "Specification" means an accurate and complete description of the material, supply, equipment or contractual service upon which bids are solicited, including the requirements for physical performance.

(Amended during 8-08 supplement; Ord. 1162 § 1 (part) 1976: prior code § 2.21).

Purchase of materials, supplies, equipment and contractual services shall be made in accordance with:

A. Purchasing procedures prescribed by this chapter;

B. Such rules and regulations as shall be adopted by the city council by resolution;

C. Such administrative regulations as the city manager shall establish for internal management and operation of the purchasing function.

(Ord. 1162 § 1 (part), 1976: prior code § 2.22).

Department heads shall file with the purchasing supervisor detailed estimates of their requirements for materials, supplies, equipment and contractual services in such manner, at such times and for such future periods as the purchasing supervisor shall prescribe in writing. The filing of such detailed estimates of requirements shall not prevent any department head from filing with the purchasing supervisor a requisition for any materials, supplies, equipment or contractual services, the need for which was not foreseen when the detailed estimates were prepared.

(Amended during 8-08 supplement; Ord. 1162 § 1 (part), 1976: prior code § 2.23).

Except as otherwise provided in this chapter, the purchasing supervisor shall have the power and duty to:

A. Prepare specifications and purchase or contract for all materials, supplies, equipment and contractual services needed by any and all departments of the city;

B. Establish methods and procedures as may be necessary for the practical conduct of the purchasing function; and

C. Submit to the city manager, through proper authority, such reports and information as may be required.

(Amended during 8-08 supplement; Ord. 1162 § 1 (part), 1976: prior code § 2.24).

Except as otherwise provided in this chapter, all departments of the city shall submit requests for materials, supplies, equipment and contractual services on request for purchase forms prescribed by the purchasing supervisor. All purchase requisitions shall be signed by the department head; however, a department head may delegate this authority to sign requisitions to any employee of the department by filing written authorization with the purchasing supervisor.

(Amended during 8-08 supplement; Ord. 1162 § 1 (part), 1976: prior code § 2.25).

Except as otherwise provided in this chapter, purchases of materials, supplies, equipment and contractual services shall be made only by purchase orders issued by the purchasing supervisor, and no purchase of any materials, supplies, equipment and contractual services shall be made by any person independently of the purchasing supervisor.

(Amended during 8-08 supplement; Ord. 1162 § 1 (part), 1976: prior code § 2.26(A)).

Where desirable or necessary to expedite small unit purchases, the purchasing supervisor may authorize the various departments of the city government to use a small order purchase order in accordance with administrative regulations established by the city manager.

(Amended during 8-08 supplement; Ord. 1162 § 1 (part), 1976: prior code § 2.26(B)).