HomeMy WebLinkAboutMC-1413 Adopted: April 6, 2015
Effective: May 6, 2015
1 ORDINANCE NO. MC-1413
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AMENDING SECTIONS 3.04.070, 3.04.080, 3.04.085, AND 3.04.115 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PURCHASES.
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5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 3.04.070 of the San Bernardino Municipal Code is hereby
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amended to read as follows:
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"3.04.070 Formal Contract Procedure.
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Except as otherwise provided in this Chapter, purchases and contracts for supplies,
12 materials and equipment of a value greater than fifty thousand dollars shall be by a written
13 contract with the lowest possible and best bidder, pursuant to the procedures described in this
14 section.
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16 A. Notice Inviting Bids. Notice inviting bids shall include a general description of the
17 articles to be purchased, shall state where bid blanks and specifications may be
18 secured, and the time and place for opening bids.
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B. Notice, Publication and Mailing. Notice inviting bids shall be published at least ten
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days before the opening of bids in a newspaper of general circulation printed and
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published in the City.
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23 The Purchasing Agent may establish and maintain a list of prospective bidders. The
24 prospective bidders shall be listed on said list according to the service or product
25 provided as indicated by the prospective bidder. It shall not be the responsibility of
26 the Purchasing Agent to ensure that the list contains current information in respect
27 to the address, service or product of the prospective bidder. The Purchasing Agent is
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1 authorized to mail invitations to bid directly to appropriate prospective bidders
2 appearing on said list and to other prospective bidders.
3 C. Bidder's Security. Each bid or proposal may be required by the Purchasing Agent to
4 be accompanied by a bidder's bond, certified or cashier's check, or cash in an
amount not more than ten percent of the total bid. The City Manager shall establish
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standards for determining under what circumstances a bidder's security shall be
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required in order to protect the interests of the City. When deemed necessary by the
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City Manager, bidder's security may be prescribed in the public notices inviting
8 bids. When bid security is required, bidders shall be entitled to return of bid security,
9 provided that a successful bidder shall forfeit his bid security upon refusal or failure
10 to execute the contract within ten days after the notice of award has been mailed,
11 unless and to the extent the City is responsible for the delay. The Common Council
12 may, on refusal or failure of the successful bidder to execute the contract, award it to
13 the next lowest and best bidder. If the Common Council awards the contract to the
14 next lowest and best bidder, the amount of the lowest bidder's required security
15 shall be applied by the City to the difference between the low bid and the second
lowest bid and the surplus, if any, shall be returned to the lowest bidder.
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D. Bid Opening Procedure. Sealed bids shall be submitted to the Purchasing Agent and
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shall be identified as bids on the envelope. Bids shall be opened in public at the time
19 and place stated in the public notices. A record of the bids received shall be
20 available for public inspection after bids have been opened, indicating the amounts
21 bid by the various bidders and the basis for awarding the contract or purchase order
22 if other than the lowest bidder. Such list shall be available for thirty days after the
23 award has been made.
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25 E. Rejection of Bids. At its discretion, the Mayor and Common Council shall have the
26 power to reject any and all bids presented and readvertise for bids.
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C-1413
1 F. Award of Contracts. Contracts shall be awarded by the Mayor and Common
2 Council, by resolution, to the lowest and best bidder except as otherwise provided
3 herein.
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G. Tie Bids. If two or more bids received are for the same total amount or unit price,
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quality and service being equal and if the public interest will not permit the delay of
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readvertising for bids, the Mayor and Common Council may accept the one it
chooses or accept the lowest bid made by negotiation with the tie bidders at the time
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of the bid opening.
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10 H. Performance Bonds. The Mayor and Common Council shall have authority to
11 require a performance bond before executing a contract in such amount as it shall
12 find reasonably necessary to protect the best interests of the City. If the Mayor and
13 Common Council require a performance bond, the form and amount of the bond
14 shall be described in the notice inviting bids.
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I. Negotiated Purchases. At the discretion of the City Manager, the Purchasing Agent
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may authorize the purchase of technical or specialized supplies and equipment by
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competitive negotiation when such a method of purchase would be more
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advantageous to the City, and any one of the following conditions exists:
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20 1. The supplies or equipment are such that suitable technical or performance
21 specifications are not readily available;
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23 2. The City is not able to develop descriptive specifications; or,
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25 3. The quality of the supplies and equipment cannot be accurately determined
26 by reference to their specifications alone.
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MC-1413
1 At the completion of such a negotiated purchase a written report thereon
2 shall be made to the City Manager."
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SECTION 2. Section 3.04.080 of the San Bernardino Municipal Code is hereby
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amended to read as follows:
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"3.04.080 Open market procedure.
Purchase of supplies, materials, and equipment of a value in the amount of fifty
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thousand dollars or less may be made by the Purchasing Agent in the open market, in
9 accordance with the following procedure:
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11 A. Minimum Number of Bids. Open market purchases shall, wherever possible, be
12 based on at least three bids, and shall be awarded to the lowest and best bidder.
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14 B. Notice Inviting Bids. The Purchasing Agent shall solicit bids by written requests or
15 by telephone to prospective vendors.
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C. Written Bids. Sealed written bids shall be submitted to the Purchasing Agent who
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shall keep a record of all open market orders and bids for the required period of time
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after the submission of bids or the placing of orders. This record while so kept shall
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be open to public inspection.
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21 D. Open Market Purchases For Which No Bids Are Required. For open market
22 purchases not exceeding twenty-five hundred dollars, the Purchasing Agent shall
23 have the authority to select a specific vendor and place an order without obtaining
24 additional competitive bids."
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26 SECTION 3. Section 3.04.085 of the San Bernardino Municipal Code is hereby
amended to read as follows:
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MC-1413
1 "3.04.085 Services.
2 A. The Purchasing Agent may contract for services of a value of fifty thousand dollars
3 or less in accordance with the following procedure:
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1. Minimum Number of Proposals. Contracts for services shall, whenever
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possible, be based on at least three proposals, and shall be awarded to the
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provider who can best meet the needs of the City. Although cost shall be
considered by the Purchasing Agent in entering into such contracts, it shall
8 not be the sole determining factor.
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10 2. Request for Proposals (RFP). The Purchasing Agent shall solicit proposals
11 by written requests or by telephone to prospective providers.
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13 3. Written Proposals. Sealed written proposals shall be submitted to the
14 Purchasing Agent, who shall keep a record of all such proposals for not less
15 than 180 days. This record while kept shall be open to public inspection.
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4. Contractual Services For Which No Proposals Are Required. For contractual
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services not exceeding twenty-five hundred dollars in value, the Purchasing
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Agent shall have the authority to select a specific provider and enter into a
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contract without obtaining additional proposals.
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21 B. Contractual services with a value in excess of fifty thousand dollars must be
22 approved by the Mayor and Common Council pursuant to Requests for Proposals as
23 authorized by the Mayor and Common Council.
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25 C. The provisions of Subsection A above shall not apply to contracts for special
26 counsel services which are provided for pursuant to Chapter 2.20 of this Code."
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MC-1413
1 SECTION 4. Section 3.04.115 of the San Bernardino Municipal Code is hereby
2 amended to read as follows:
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4 "Section 3.04.115 CityManage,
Any duty or responsibility given to the Purchasing Agent by this Chapter may likewise
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be performed or fulfilled by the City Manager or his or her designee."
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C-1413
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING SECTIONS 3.04.070, 3.04.080, 3.04.085, AND 3.04.115 OF
2 THE SAN BERNARDINO MUNICIPAL CODE RELATING TO PURCHASES.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
5 6th day of April, 2015, by the following vote, to wit:
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7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ x
9 BARRIOS
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VALDIVIA _
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SHORETT x
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13 NICKEL x
14 JOHNSON x
15 MULVIHILL x
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18 Georgeann anna, it Jerk
19 The foregoing Ordinance is hereby approved this 17 day of April, 2015.
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21
R. Carey Davi , Mayor
22 City of San rnardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
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By:'
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