HomeMy WebLinkAboutMC-183
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ORDINANCE NO.
IIC-183
2 ORDINANCE OF THE Cn'Y OF SAN BERNARDINO MllENDING TilE SAN
BERNARDINO t1UNICIPAL CODE '1'0 INCREASE THE DOLLAR LItH'r ABOVE >lEIClI
3 FORt'iAL BIDDING IS REQUIRED FR0I1 SEVEN THOUSAND DOLLARS '1'0 TEN
THOUSAND DOLLAItS.
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THE t1AYOR AND CO!-1I",ON COUNCIL OF '1'HE CI'1'Y OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
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SECTION 1. Section 3.04.070 of the San Bernardino Municipal
7 Code is amended to read:
8 "Except as otherwise provided in this chapter, purchases and
9 contracts for supplies, materials and equipment of a value greater
10 than ten thousand dollars shall be by written contract with the
11 lowest and best bidder, pursuant to the procedures prescribed in
12 this section:
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A. Notice Inviting Bids. Notices inviting bids shall
14 include a general description of the articles to be purchased,
15 shall state where bid blanks and specifications may be secured,
16 and the time and place for opening bids.
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B. Published Notice. The first notice inviting bids shall
18 be published at least ten days before the date of opening of the
19 biGS. Notice shall be published at least twice and not less than
20 five days apart, in a newspaper of general circulation printed and
21 published in the City.
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C. Bidder's Security. Each bid or proposal may be required
23 by the Purchasin9 Agent to be accompanied by a bidder's bond,
24 certified or cashier's check, or cash in an amount not more than
25 ten percent of the total bid. The City Administrator shall
26 establish standards for detern,ining under what circumstances a
27 bidder's security shall be required in order to protect the
28 interests of the City. When deemed necessary by the City
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1 Administrator, bidder's security may be prescribed in the public
2 notices inviting bids. When bid security is required, bidders
3 shall be entitled to return of bid security, provided that a
4 successful bidder shall forfeit his bid security upon refusal or
5 failure to execute the contract within ten days after the notice
6 of award of contract has been mailed, unless and to the extent the
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City is responsible for the delay.
The Common Council may, on
8 refusal or failure of the successful bidder to execute the
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contract, award it to the next lowest and best bidder.
If the
10 CorinnOtl Council awards the contract to the next lowest and best
11 bidder, the amount of the lowest bidder's required security shall
12 be applied by the City to the difference between the low bid and
13 Ithe second lowest bid, and the surplus, if any, shall be returned
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to the lowest bidder.
Bid Opening Procedure.
Sealed bids shall be submitted to
D.
the administrative officer" and shall be identified as bids on the
envelope.
Bids shall be opened in public at the time and place
stated in the public notices. A tabulation of all bids received
shall be opened for public inspection during business hours for a
period of not less than thirty calendar days after the bid
opening.
E. Rejection of Bids. At its discretion, the Mayor and
Conunon Council shall have the power to reject any and all bids
presented and readvertise for bids.
F. A"ard of Contracts. Contracts shall be awarded by the
t'layor and Common Council, by resolution, to the lowest and best
Jidder except as otherwise provided herein.
G.
Tie Bids.
If two or more bids received are for the same
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total amount or unit price, quality and service being equal and if
the public interest ,,,ill not permit the delay of readvertising for
bids, the Hayor and Cormnon Council may accept the one it chooses
or accept the lowest bid made by negotiation with the tie bidders
at the time of the bid opening.
H. Performance Bonds. '.i'he /.'layor and Common Council shall
have authority to require a performance bond before executing a
contract in such amount as it shall find reasonably necessary to
protect the best interests of the City.
If the Mayor and Common
Council require a performance bond, the form and amount of the
bond shall be described in the notice inviting bids."
SECTION 2.
Section 3.04.080 of the San Bernardino Municipal
Code is amended to read:
"Purchase of supplies, materials and equipment of a value in
the amount of ten thousand dollars or less lllay be made by the
purchasing agent in the open market, in accordance with the
following procedure:
A. 1.1inimum 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.
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 \n1ile so
kept shall be open to public inspection.
D. Purchases Not Exceeding Two Hundred Fifty Dollars. For
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1 open market purchases not exceeding two hundred fifty dollars, the
2 Purchasing Agent shall have the authority to select a specific
3 vendor and place an order without obtaining additional cOfLlpeti ti va
4 bids."
5 I HEREBY CERTIFY that the foregoing ordinance was duly
6 adopted by the Mayor and Common Council of the City of San
7
Bernardino at a
meeting thereof, held on
regular
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the 6th
day of
July
, 1982, by the following vote,
9 to wit:
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Council Members Castaneda, Reilly, Hernandez,
AYES:
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Botts, Quiel, Hobbs
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NAYS:
None
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ABSENT:
Council Member strickler
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~/7LM17/.LlkAb
/ City Clerk
~y
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The foregoing ordinance is hereby
tkd~ , 1982.
//
an Bernardino
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of
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Approved as to form:
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