HomeMy WebLinkAbout15- Ordinance Final Reading 1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTIONS 3.04.010, 3.04.020,
3 3.04.050, 3.04.070(I) , AND 3.04.080, AND
ADDING SECTIONS 3.04.085, 3.04.115, AND
4 3.04.120 TO THE SAN BERNARDINO MUNICIPAL
5 CODE RELATING TO PURCHASING
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7 SECTION 1. Sections 3.04.010 and 3.04.020 of the San
8 Bernardino Municipal Code are hereby amended to read as follows:
9 "3.04.010 Adoption of Purchasing System.
10 A. In order to establish efficient procedures for the
11 purchase of supplies, materials and equipment, and contracted
12 services, to secure for all departments or agencies of the City,
13 excepting the Municipal Water Department and the Free Public
14 Library, supplies, materials, equipment, and services at the
15 lowest possible cost commensurate with the quality needed, to
16 exercise positive financial control over purchases to clearly
17 define authority for the purchasing functions and to assure the
18 quality of purchases, a centralized purchasing system is adopted.
19 Except as specified herein, there shall be no exemption from
20 centralized purchasing and no agency or department shall be
21 authorized to purchase, or contract for the purchase of supplies,
22 services or equipment independently of the administrative office.
23 The Board of Water Commissioners and the Board of the Free Public
24 Library shall employ procedures substantially in compliance with
25 the provisions of this chapter as such may be applicable.
26 B. Exemptions. This chapter shall not apply to the
27 following:
28 1. Purchases from, or sales to a government or
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I governmental agency, or through any advantageous governmental
2 contract approved by the Council, or to the purchase of election
3 supplies.
4 2. Purchases from a vendor or manufacturer which,
5 through the City's bidding procedure, or other California
6 government or governmental agency' s bidding procedure, has
7 established a price at which such a vendor or manufacturer is
8 willing to sell to the City. During such a bid procedure more
9 than one responsive bid must have been received, and the bid award
10 must have occurred within one year at the City's issuance of a
11 purchase order.
12 3• Purchases approved by the Mayor and Common
13 Council .
14 4. Purchases for less than $500.00.
15 3.04.020 Purchasing Officer.
16 The purchase and sale of all supplies, materials and
17 equipment and services, shall be the responsibility of the
18 purchasing agent under the direction and supervision of the
19 administrative officer. "
20 SECTION 2. Section 3.04.050 of the San Bernardino Municipal
21 Code is hereby amended to read as follows:
22 "3.04.050 Purchase Orders.
23 Purchase of supplies, materials, and equipment shall be made
24 only by purchase order, and signed by the Purchasing Agent or
25 administrative officer or his or her designee. "
26 SECTION 3. Subsection I of 3.04.070 of the San Bernardino
27 Municipal Code is hereby amended to read as follows:
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0
1 "I. Negotiated Purchases.
2 At the discretion of the City Administrator, the Purchasing
3 Agent may authorize the purchase of technical or specialized
4 supplies and equipment by competitive negotiation when such a
5 method of purchase would be more advantageous to the city, and any
6 one of the following conditions exists:
7 1. The supplies or equipment are such that
8 suitable technical or performance specifications are not readily
9 available;
10 2. The City is not able to develop descriptive
11 specifications; or,
12 3. The quality of the supplies and equipment
13 cannot be accurately determined by reference to their
14 specifications alone. At the completition of such a negotiated
15 purchase a written report thereon shall be made to the City
16 Administrator. "
17 SECTION 4. Section 3.04.080 of the San Bernardino Municipal
18 Code is hereby amended to read as follows:
19 "3.04.080 Open Market Procedure.
20 Purchase of supplies, materials, and equipment of a value in
21 the amount of twenty-five thousand dollars or less may be made by
22 the Purchasing Agent in the open market, in accordance with the
23 following procedure:
24 A. Minimum Number of Bids. Open market purchases
25 shall wherever possible, be based on at least three bids, and
26 shall be awarded to the lowest and best bidder.
27
28
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1 B. Notice inviting bids. The Purchasing Agent shall
2 solicit bids by written requests or by telephone to prospective
3 vendors.
4 C. Written Bids. Sealed written bids shall be
5 submitted to the Purchasing Agent who shall keep a record of all
6 open market orders and bids for the required period of time after
7 the submission of bids or the placing of orders. This record
8 while so kept shall be open to public inspection.
9 D. Open Market Purchases For Which No Bids Are
10 Required. For open market purchases not exceeding twenty-five
11 hundred dollars, the Purchasing Agent shall have the authority to
12 select a specific vendor and place an order without obtaining
13 additional competitive bids. "
14 SECTION 5: Section 3.04.085 is hereby added to the San
15 Bernardino Municipal Code to read as follows:
16 "3.04.085 Services.
17 A. The Purchasing Agent may contract for services of
18 a value of twenty-five thousand dollars or less in accordance with
19 the following procedure:
20 1. Minimum Number of Proposals. Contracts for
21 services shall, whenever possible, be based on at least three
22 Proposals, and shall be awarded to the provider who can best meet
23 the needs of the City. Although cost shall be considered by the
24 Purchasing Agent in entering into such contracts, it shall not be
25 the sole determining factor.
26 2. Request For Proposals (RFP) . The Purchasing
27 Agent shall solicit proposals by written requests or by telephone
28 to prospective providers.
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1 3. Written Proposals. Sealed written proposals
2 shall be submitted to the Purchasing Agent who shall keep a record
3 of all such proposals for not less than 180 days. This record
4 while kept shall be open to public inspection.
5 4. Contractual Services For Which No Proposals
6 Are Required. For contractual services not exceeding twenty-five
7 hundred dollars in value, the Purchasing Agent shall have the
8 authority to select a specific provider and enter into a contract
9 without obtaining additional proposals.
10 B. Contractual services with a value in excess of
11 twenty-five thousand dollars must be approved by the Mayor and
12 Common Council pursuant to Requests For Proposals as authorized by
13 the Mayor and Common Council.
14 C. The provisions of Subsection A above shall not
15 apply to contracts for special counsel services which are provided
16 for pursuant to Chapter 2.20 of this Code. "
17 SECTION 6. Section 3.04.115 is hereby added to The San
18 Bernardino Municipal Code to read as follows:
19 '3.04. 115 City Administrator. Any duty or
20 responsiblity given to the Purchasing Agent by this Chapter may
21 likewise be performed or fulfilled by the City Administrator or
22 his or her designee. "
23 SECTION 7. Section 3.04.120 is hereby added to The San
24 Bernardino Municipal Code to read as follows:
25 "3.04.120 Penalty To Split Purchases. It shall be
26 unlawful to split or separate into smaller purchases, a purchase
27 so as to bring the purchase within the provisions of any exemption
28 or less stringent procedure provided herein. "
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
3.04.010, 3.04.020, 3.04.050, 3.04.070(I) , AND 3.04.080, AND
2 ADDING SECTIONS 3.04.085, 3.04.115, AND 3.04.120 TO THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO PURCHASING.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 1992, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 REILLY
11 HERNANDEZ
12 MAUDSLEY
13 MINOR
14 POPE-LUDLAM
15 MILLER
16
17
Cit Clerk
i8 The foregoing ordinance is hereb y approved this day
19 of 1992.
20
21 W. R. Holcomb, Mayor
City of San Bernardino
22
Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By:
27
28
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