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ORDINANCE N().
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.06 AND CHAPTER 3.04 OF THE SAN BERNARDINO MUNICIPAL CODE TO
REQUIRE FORMAL CONTRACT PROCEDURES FOR PURC~ASE~ ABOVE THE VALUE
OF FIFTEEN THOUSAND DOLLARS, TO AUTHORIZE NEGOTIATED PURCHASES,
AND TO INCREASE THE MAXIMUM OPEN MARKET PURCHASES FOR WHICH NO
BID IS REQUIRED.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION l. The first paragraph of Section 2.06.020 of the
San Bernardino Municipal Code is amended to read as follows:
"2.06.020 Powers and duties.
The Purchasing Agent, under the supervision and direction
of the Director of Finance, shall have charge of the purchasing
of supplies, materials, equipment and contractual services
required by any office, department or agency of the city, with
the exception of the Municipal Water Department and Free Public
Library, and shall have the power and the duty to:"
SECTION 2. The first paragraph of Section 3.04.070 of the
San Bernardino Municipal Code is amended to read as follows:
"3.04.070 Formal contract procedure.
Except as otherwise provided in this chapter, purchases and
contracts for supplies, materials and equipment of a value
greater than fifteen thousand dollars shall be by a written
contract with the lowest possible and best bidder, pursuant to
the procedures described in this section:"
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SECTION 3. Section 3.04.070 Subsection I is added to the
San Bernardino Municipal Code to read as follows:
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"I. Negotiated Purchases. At the discretion of the City
Administrator, the Purchasing Agent may authorize the purchase of
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1 technical or specialized supplies or equipment by competitive
2 negotiation when:
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l. The supplies or equipment are sucq that suitable
4 technical or performance specifications are not readily,
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2. The city is not able to develop descriptive
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3. The quality of the supplies and equipment cannot be
9 accurately determined by reference to their specifications alone;
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4. Such a method of purchase would be more advantageous to
11 the city; and
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5. At the completion of the purchase a written report
13 thereon is made to the City Administrator."
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SECTION 4. Section 3.04.080 of the San Bernardino
15 Municipal Code is amended to read as follows:
16 "3.04.080 Open Market Procedure.
17 Purchase of supplies, materials, equipment and contractual
18 services of a value in the amount of fifteen thousand dollars or
19 less may be made by the Purchasing Agent in the open market, in
20 accordance with the following procedure:
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A. Minimum Number of Bids. Open market purchases shall
22 wherever possible, be based on at least three bids, and shall be
23 awarded to the lowest and best bidder.
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B. Notice Inviting Bids. The Purchasing Agent shall
25 solicit bids by written requests or by telephone to prospective
26 vendors.
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C. Written Bids. Sealed written bids shall be submitted
to the Purchasing Agent who shall keep a record of all open
market orders and bids for the required period of time after the
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submission of bids or the placing of orders. This record while
so kept shall be open to public inspection.
D. Open Market Purchases For Which No Bids Are Required.
For open market purchases not exceeding seven hundred and fifty
dollars, the Purchasing Agent shall have the authority to select
a specific vendor and place an order without obtaining additional
competitive bids.
E. Open Market Purchases Of More Than Seven Hundred Fifty
Dollars. For open market purchases of more than. seven hundred
and fifty dollars but not exceeding one thousand five hundred
dollars, the Purchasing Agent, with the prior written approval of
the Director of Finance, shall have the authority to select a
specific vendor and place an order without obtaining additional
competitive bids."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
20 Bernardino at a
21 the day of
22 following vote, to wit:
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meeting thereof, held on
, 1987, by the
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1 AYES:
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4 ABSENT:
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City Clerk
The foregoing ordinance is hereby approved this
day
, 1987.
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Mayor of the City of San Bernardino
Approved as to form:
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15 city Attorney
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