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MC-858
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SECTIONS 3.04.010, 3.04.020,
3.04.050, 3.04.070(1), AND 3.04.080, AND
ADDING SECTIONS 3.04.085, 3.04.115, AND
3.04.120 TO THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO PURCHASING
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Sections 3.04.010 and 3.04.020 of the San
Bernardino Municipal Code are hereby amended to read as follows:
"3.04.010 Adoption of Purchasing System.
A. In order to establish efficient procedures for the
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
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authorized to purchase, or contract for the purchase of supplies,
services or equipment independently of the administrative office.
The Board of Water Commissioners and the Board of the Free Public
Library shall employ procedures substantially in compliance with
the provisions of this chapter as such may be applicable.
B.
Exemptions. This chapter shall not apply to the
following:
1.
Purchases from, or sales to a government or
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governmental agency, or through any advantageous governmental
contract approved by the Council, or to the purchase of election
supplies.
2. Purchases from a vendor or manufacturer which,
through the City's bidding procedure, or other California
government or governmental agency's bidding procedure, has
established a price at which such a vendor or manufacturer is
willing to sell to the City. During such a bid procedure more
than one responsive bid must have been received, and the bid award
must have occurred within one year at the City's issuance of a
purchase order.
3. Purchases approved by the Mayor and Common
Council.
4. Purchases for less than $500.00.
3.04.020 Purchasing Officer.
The purchase and sale of all supplies, materials and
equipment and services, shall be the responsibility of the
purchasing agent under the direction and supervision of the
administrative officer."
SECTION 2. Section 3.04.050 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"3.04.050 Purchase Orders.
Purchase of supplies, materials, and equipment shall be made
only by purchase order, and signed by the Purchasing Agent or
administrative officer or his or her designee."
SECTION 3. Subsection I of 3.04.070 of the San Bernardino
Municipal Code is hereby amended to read as follows:
III
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"I. Negotiated Purchases.
At the discretion of the City Administrator, the Purchasing
Agent may authorize the purchase of technical or specialized
supplies and equipment by competitive negotiation when such a
method of purchase would be more advantageous to the city, and any
one of the fOllowing conditions exists:
1. The supplies or equipment are such that
suitable technical or performance specifications are not readily
available;
2. The City is not able to develop descriptive
specifications; or,
3. The quality of the supplies and equipment
cannot be accurately determined by reference to their
specifications alone. At the completition of such a negotiated
purchase a written report thereon shall be made to the City
Administrator."
SECTION 4. Section 3.04.080 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"3.04.080 Open Market Procedure.
Purchase of supplies, materials, and equipment of a value in
the amount of twenty-five thousand dollars or less may be made by
the Purchasing Agent in the open market, in accordance with the
following procedure:
A. Minimum Number of Bids. Open market purchases
shall wherever possible, be based on at least three bids, and
shall be awarded to the lowest and best bidder.
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B. Notice inviting bids. The Purchasing Agent shall
solicit bids by written requests or by telephone to prospective
vendors.
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 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 twenty-five
hundred dollars, the Purchasing Agent shall have the authority to
select a specific vendor and place an order without obtaining
additional competitive bids."
SECTION 5: Section 3.04.085 is hereby added to the San
Bernardino Municipal Code to read as follows:
"3.04.085 Services.
A. The Purchasing Agent may contract for services of
a value of twenty-five thousand dollars or less in accordance with
the following procedure:
1. Minimum Number of Proposals. Contracts for
services shall, whenever possible, be based on at least three
proposals, and shall be awarded to the 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 not be
the sole determining factor.
2. Request For Proposals (RFP). The Purchasing
Agent shall solicit proposals by written requests or by telephone
to prospective providers.
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3. Written Proposals. Sealed written proposals
shall be submitted to the Purchasing Agent who shall keep a record
of all such proposals for not less than 180 days. This record
while kept shall be open to public inspection.
4. Contractual Services For Which No Proposals
Are Required. For contractual services not exceeding twenty-five
hundred dollars in value, the Purchasing Agent shall have the
authority to select a specific provider and enter into a contract
without obtaining additional proposals.
B. Contractual services with a value in excess of
twenty-five thousand dollars must be approved by the Mayor and
Common Council pursuant to Requests ;:or Proposals as authorized by
the Mayor and Common Council.
C. The provisions of Subsection A above shall not
apply to contracts for special counsel services which are provided
for pursuant to Chapter 2.20 of this Code."
SECTION 6. Section 3.04.115 is hereby added to The San
Bernardino Municipal Code to read oS follows:
"3.04.115 City Administrator. Any duty or
responsiblity given to the Purchasing Agent by this Chapter may
likewise be performed or fulfille~ by the City Administrator or
his or her designee."
SECTION 7. Section 3.04.120 is hereby added to The San
Bernardino Municipal Code to read as follows:
"3.04.120 Penalty To Split Purchases. It shall be
unlawful to split or separate into smaller purchases, a purchase
so as to bring the purchase within the provisions of any exemption
or less stringent procedure provided herein."
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f!.C-858
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
3.04.010, 3.04.020, 3.04.050, 3.04.070(1), AND 3.04.080, AND
ADDING SECTIONS 3.04.085, 3.04.115, AND 3.04.120 TO THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO PURCHASING.
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 an adjourned regulallleeting thereof, held on the 11th
93
7 day of January , 19n, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
C~~~
of
, 19B.
day
The foregoing ordinance is hereby
Januarv
~
W. R. H
City of
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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