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HomeMy WebLinkAbout54-City Attorney CI\, , OF SAN BERNARDI D - REQUEr .... FOR COUNCIL ACT"~N Dept: Senior Assistant City Attorney Su~~t: Ordinance amending Municipal Code with respect to contract purchases & limits. :::rra.. (5 From: Dennis Barlow Date: November 2, 1988 Synopsis of Previous Council action: 9/22/88 -- Legislative Review Committee recommended approval of Ordinance. Recommended motion: Waive further reading of ordinance & layover for final adoption. ~~) Dennis Barlow Phone: 5256 Contact person: Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No. 5fj c,'- 1- OF SAN "RNARDr""O - RI!QUB'" FOR COUNCIL ACT"~ STAFF REPORT The open market purchase limit was set by Ordinance MC-602. At that time the emergency items needed by various departments to prevent potential City liability were within the $750 limit. Inflation however has caused the price of such essential emergency items to increase beyond the aforementioned limit. The Purchasing Agent needs to have the discretionary purchasing limit raised to $2,500 to expedite the acquisition of emergency items which are needed to minimize liability to the City. Emergency electrical items, automotive repair items, and street repair items for the most part exceed $750. Increasing the open market purchase limit to $2,500 would in addition to mini- mizing potential liability, increase the operational efficiency of the Purchasing Department by reducing the number of redundant price check requests. I also recommend that the formal bid limit be raised from $15,000 to $25,000. An analysis of the Purchasing Division indicates that approximately 50% of the formal bid activity is under $25,000. Given the facts that the Mayor and Council pre- approves purchase of these items through the budget adoption process and the Purchasing Division in all cases where possible collects competitive quotes on items before purchase, the process currently used by the City is both untimely and inefficient. The formal bid process is very time consuming and has many requirements and there- fore restricts the Purchasing Division's ability to function to it's maximum efficiency. If the formal bid activity could be reduced it would allow the Purch- asing Division to increase the number of orders processed. The current limits are both out-dated and prohibitive to efficiency and should be increased. 75-0264 , . 't:";':" ;_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 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 PURCHASES ABOVE THE VALUE OF TWENTY-FIVE THOUSAND DOLLARS; TO AUTHORIZE NEGOTIATED PURCHASES; TO INCREASE THE MAXIMUM OPEN MARKET PURCHASES FOR WHICH NO BID IS REQUIRED; and, ADDING SECTION 3.04.090 TO THE SAN BERNARDINO MUNICIPAL CODE PROVIDING FOR ANNUAL AUDIT OF ACCOUNTS. . THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. 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 twenty-five thousand dollars shall be by a written contract with the lowest possible and best bidder, pursuant to the procedures described in this section:" SECTION 3. Section 3.04.070 Subsection I is added to the San Bernardino Municipal Code to read as follows: / / / JFW:SS November 1, 1988 1 10 1 "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: 5 1 . The supplies or equipment are such that suitable 6 technical or performance specifications are not readily 7 available; 8 2 . The city is not able to develop descriptive 9 specifications; 3. The quality of the supplies and equipment cannot be 12 11 accurately determined by reference to their specifications alone; 14 13 the city; and, 4. Such a method of purchase would be more advantageous to 5. At the completion of the purchase a written report 16 15 thereon is made to the City Administrator." SECTION 4. Section 3.04.080 of the San Bernardino 17 Municipal Code is amended to read as follows: 18 "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, 23 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. 26 27 / / / B. Notice Inviting Bids. The Purchasing Agent shall 28 JFW:ss November 1, 1988 2 ORD: AMENDING CHAPTER 2.06 AND CHAPTER 3.04 OF THE SBMC AND ADDING SECTION 3. '. 090 TO THE SBr 1 solicit bids by written requests or by telephone to prospective 2 vendors. 3 C. Wri tten 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. 8 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. 13 SECTION 5. Section 3.04.090 - Annual Audit shall be added 14 to the San Bernardino Municipal Code as follows: 15 "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." 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 JFW:ss November 1, 1988 3 . . 1 I HEREBY CERTIFY that the foregoing ordinance was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino, at a meeting held on the day 4 of 19 , by the following vote, to wit: 5 AYES: Council Members 6 7 NAYS: 8 ABSENT: 9 10 City Clerk 11 The foregoing resolution is hereby approved this 12 day of , 19 13 14 Evlyn Wilcox, Mayor City of San Bernardino 15 16 form 17 18 19 20 21 22 23 24 25 26 27 28 JFW:ss November 1, 1988 4