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~Ir_ OF SAN BERNARDlt , - REQUEt ;W FOR COUNCIL ACT"" IN
From: Dennis Barlow
Subject: Ordinance amending Municipal Code
with respect to contract purchases &
limits.
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Dept: Senior Assistant City Attorney
Da~: November 2, 1988
Synopsis of Previous Council action:
9/22/88 -- Legislative
Ordinance.
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Review Committee recommended approval of
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Recommended motion:
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Waive further reading of ordinance & layover for final adoption.
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Contact person:
Dennis Barlow
Phone:
5256
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
70;.0''''
Aaenda I tem No
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1 ORDINANCE
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.06 AND CHAPTER 3.04 OF THE SAN BERNARDINO MUNICIPAL CODE TO
3 REQUIRE FORMAL CONTRACT PROCEDURES FOR PURCHASES ABOVE THE VALUE
OF TWENTY-FIVE THOUSAND DOLLARS; TO AUTHORIZE NEGOTIATED
4 PURCHASES; TO INCREASE THE MAXIMUM OPEN MARKET PURCHASES FOR
WHICH NO BID IS REQUIRED; and, ADDING SECTION 3.04.090 TO THE SAN
5 BERNARDINO MUNICIPAL CODE PROVIDING FOR ANNUAL AUDIT OF
ACCOUNTS. .
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
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DO ORDAIN AS FOLLOWS:
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SECTION 1. The first paragraph of Section 2.06.020 of the
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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
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Library, and shall have the power and the duty to:"
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SECTION 2. The first paragraph of Section 3.04.070 of the
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San Bernardino Municipal Code is amended to read as follows:
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"3.04.070 Formal Contract Procedure.
Except as otherwise provided in this chapter, purchases
and contracts for supplies, materials and equipment of a value
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greater than twenty-five thousand dollars shall be by a written
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contract with the lowest possible and best bidder, pursuant to
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the procedures described in this section:"
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SECTION 3.
Section 3.04.070 Subsection I is added to the
San Bernardino Municipal Code to read as follows:
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November 1, 1988
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"I.
Negotiated Purchases.
At the discretion of the City
2 Administrator, the Purchasing Agent may authorize the purchase of
3 technical or specialized supplies or equipment by competitive
4 negotiation when:
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1.
The supplies or equipment are such that suitable
6 technical or performance specifications are not readily
7 available;
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2 .
The city is not able to develop descriptive
9 specifications;
3.
The quality of the supplies and equipment cannot be
11 accurately determined by reference to their specifications alone;
12 4. Such a method of purchase would be more advantageous to
13 the city; and,
14 5. At the completion of the purchase a written report
15 thereon is made to the City Administrator."
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Section 3.04.080 of the San Bernardino
SECTION 4.
17 Municipal Code is amended to read as follows:
"3.04.080 Open Market Procedure.
19 Purchase of supplies, materials, equipment and contractual
20 services of a value in the amount of twenty-five thousand dollars
21 or less may be made by the Purchasing Agent in the open market,
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22 in accordance with the following procedure:
A.
Minimum Number of Bids.
Open market purchases shall
24 wherever possible, be based on at least three bids, and shall be
25 awarded to the lowest and best bidder.
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B. Notice Inviting Bids. The Purchasing Agent shall
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November 1, 1988
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ORD: AMENDING CHAPTER 2.06 AND CHAPTER 3.04 OF THE SBMC AND
ADDING SECTION 3.04.090 TO THE SBMC
1 solicit bids by written requests or by telephone to prospective
2 vendors.
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C.
Written Bids.
Sealed written bids shall be submitted
4 to the Purchasing Agent who shall keep a record of all open
5 market orders and bids for the required period of time after the
6 submission of bids or the placing of orders. This record while
7 so kept shall be open to public inspection.
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D. Open Market Purchases For Which No Bids Are Required.
9 For open market purchases not exceeding twenty-five hundred
10 dollars, the Purchasing Agent shall have the authority to select
11 a specific vendor and place an order without obtaining additional
12 competitive bids.
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SECTION 5. Section 3.04.090 - Annual Audit shall be added
14 to the San Bernardino Municipal Code as follows:
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"Section 3.04.090 Annual Audit
16 An annual audit of the accounts established by the
17 Purchasing Agent pursuant to the authority granted under this
18 chapter shall be performed annually by the Finance Department. A
19 report of such audit shall be presented to the Mayor."
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November 1, 1988
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. . ...:
1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
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Bernardino, at a
meeting held on the
day
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of
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Council Members
AYES:
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NAYS:
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ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
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day of
, 19
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Evlyn Wilcox, Mayor
City of San Bernardino
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form
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