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HomeMy WebLinkAbout38-City Attorney C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - o o ::) 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:" 25 SECTION 3. Section 3.04.070 Subsection I is added to the San Bernardino Municipal Code to read as follows: 26 27 "I. Negotiated Purchases. At the discretion of the City Administrator, the Purchasing Agent may authorize the purchase of 28 4/24/87 1 JJ, ., c o ,....... t....; '") .... 1 technical or specialized supplies or equipment by competitive 2 negotiation when: 3 l. The supplies or equipment are sucq that suitable 4 technical or performance specifications are not readily, 5 available7 6 2. The city is not able to develop descriptive 7 specifications7 8 3. The quality of the supplies and equipment cannot be 9 accurately determined by reference to their specifications alone; 10 4. Such a method of purchase would be more advantageous to 11 the city; and 12 5. At the completion of the purchase a written report 13 thereon is made to the City Administrator." 14 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: 21 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. 24 B. Notice Inviting Bids. The Purchasing Agent shall 25 solicit bids by written requests or by telephone to prospective 26 vendors. 27 28 4/24/87 2 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 o C) :J 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 !I ! 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: 23 / / / / / 24 / / / / / 25 26 27 28 4/24/87 3 meeting thereof, held on , 1987, by the o o --., ...,I :) 1 AYES: 2 3 NAYS: 4 ABSENT: 5 6 7 8 9 of City Clerk The foregoing ordinance is hereby approved this day , 1987. 10 11 12 Mayor of the City of San Bernardino Approved as to form: 13 14 ~ i /D 4", .//A~J':!r.c 15 city Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 4/24/87 4