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ORDINANCE NO. ,.;15ff'
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR
THE PURCHASE AND SALE OF SUPPLIES, SERVICES AND EQUIPMENT.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION ONE: Adoption of purchasing system. In order to
establish efficient procedures for the purchase of supplies,
materials and equipment, to secure for all departments or agencies
of the City, ex.cepting the Hunicipal Water Department and the Free
Public Library, supplies, materials and equipment at the lowest
possible cost commensurate with the quality needed, to exercise
positive financial control over purchases, to clearly define
authority for the purchasing functions and to assure the quality
of purchases, a centralized purchasing system is hereby adopted.
There shall be no exemption from centralized purchasing and no
agency or department shall be authorized to purchase, or contract
for the purchase of, supplies, services or equipment independently
of the Administrative Office. The Board of Water Commission"
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and the Board of the Free Public Library shall employ procedures
substantially in compliance with the provisions of this Ordinance
as such may be applicable. This Ordinance shall not apply to
purchases from or' sales to a government or governmentaV agency,
or to the purchase of election supplies.
SECTION ~~o: Purchasing officer. The purchase and sale of
all supplies, materials and equipment shall be the responsibility
of the Purchasing Agent under the direction and supervision of
the Administrative Officer.
SECTION THREE: Estimates of requirements. All using
departments and agencies shall file detailed estimates of their
requirements for supplies, materials and equipment in such
manner, at such time, and for such future periods as the City
Administrative Office shall prescribe.
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SECTION FOUR: Requisitions. Using departments and agencies
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shall submit requests for supplies, materials and equipment to the
Purchasing Agent by standard requisition forms.
SECTION FIVE: Purchase orders. Purchases of supplies,
materials and equipment shall be made only by purchase order, and
signed by either the Purchasing Agent or Administrative Officer.
SECTION snc: Encumbrance of funds. The Purchasing Agent
shall not issue any purchase order for supplies, materials or
equipment unless there exists an unencumbered appropriation in
the account against which said purchase is to be charged, and
until the same has been approved by the Finance Division of the
Administrative Office.
SECTION SEVEN: Formal contract procedure. Except as other-
wise provided herein, purchases and contracts for supplies,
materials and equipment of a value greater than $2,000.00 shall
be by written contract with the lowest and best bidder, pursuant
to the procedures prescribed herein:
(a) Notice Inviting Bids. Notices inviting bids shall
include a general description of the articles to be purchased,
shall state where bid blanks and specifications may be secured
and the time and place for opening bids.
(b) Published Notice. The first Notice inviting bids shall
be published at least ten days before the date of opening of the
bids. Notice shall be published at least twice and not less than
five days apart, in a newspaper of general circulation printed
and published in the City.
(c) Bidder's security. Each bid or proposal shall be
accompanied by a bidder's bond, certified or cashier's check,
or cash in an amount not less than ten (10) percent of the total
bid. When deemed necessary by the City Administrative Officer,
bidder's security may be prescribed in the public notices invit-
ing bids. Bidders shall be entitled to return of bid security,
?rovided that a successful bidder shall forfeit his bid security
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upon refusal or failure to execute the contract within ten (10) 1
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days after the notice of award of contract has been mailed, unlessl
the City is responsible for the delay. The Common Council may, I
on refusal or failure of the successful bidder to execute the
contract, award it to the next lowest and best bidder. If the
Common Council awards the contract to the next lowest and best
bidder the amount of the lowest bidder's security shall be applieq
by the City to the difference between the low bid and the second
lowest bid, and the surplus, if any, shall be returned to the
lowest bidder.
(d) Bid opening procedure. Sealed bids shall be submitted
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12 to the Administrative Officer and shall be identified as bids on
13 the envelope. Bids shall be opened in public at the time and
14 place stated in the public notices. A tabulation of all bids
15 received shall be opened for public inspection during regular
16 business hours for a period of not less than thirty (30) calendar
17 days after the bid opening.
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(e) Rejection of bids. At its discretion, the Mayor and
19 Common Council shall have the power to reject any and all bids
~ presented and re~advertise for bids.
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(f) Award of contracts. Contracts shall be awarded by the
22 Mayor and Common Council, by resolution, to the lowest and best
23 bidder except as otherwise provided herein.
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(g) Tie bids. If two or more bids received are
25 total amount or unit price, quality and service being equal and
26 if the public interest will not permit the delay or re~advertisi
27 for bids, the Mayor and Q)mmon Council may accept the one it
28 chooses or accept the lowest bid made by negotiation with the
~ bidders at the time of the bid opening.
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(h) Performance bonds. The Hayor and Common Council shall
31 have authority to require a performance bond before executing a
32 , contract in such amount as it shall find reasonably necessary to
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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 EIGHT: Open market procedure. Purchase of supplies,
materials and equipment of a value in the amount of $2,000.00 or
less may be made by the Purchasing Agent in the open market, under
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.
(b) Notice inviting bids. The Purchasing Agent shall
solicit bids by written requests or by telephone to prospective
vendors.
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(c) Written bids. Sealed written bids shall be submitted
15 to the Purchasing Agent who shall keep a record of all open
16 market orders and bids for the required period of time after the
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submission of bids or the placing of orders. This record while
so kept shall be open to public inspection.
SECTION NINE: Inspection and testing. The Purchasing Agent
may inspect supplies, materials and equipment delivered, to
determine their conformance with the specifications set forth
in the order or contract. The Purchasing Agent shall have
authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary
to determine their quality and conformance with specifications.
SECTION TEN: Surplus supplies and equipment. All using
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27 agencies and departments shall submit to the Purchasing Agent,
28 at such times and in such form as he shall prescribe, reports
~ showing all supplies and equipment which are no longer used or
~ which have become obsolete or worn out. The Purchasing Agent
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32 cannot be used by any agency or department, or which have become
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1 unsuitable for City use, or to exchange the same for, or trade=in
2 the same on, new supplies and equipment. Such sales shall be
3 made pursuant to Sections Seven or Eight, whichever is applicable.!
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SECTION ELEVEN: Severability. If any section, subsection,
5 sub-division, sentence, clause or phrase of this Ordinance is
6 for any reason held to be unconstitutional or otherwise invalid,
7 such decision shall not affect the validity of the remaining
8 portions of this Ordinance. The Mayor and Common Council hereby
9 declares that it would have passed this Ordinance, and each
10 section, subsection, sub-division, sentence, clause and phrase
11 thereof, irrespective of the fact that anyone or more sections,
12 sub-sections, sub-divisions, sentence, clause or phrase of this
13 Ordinance is for any reason held to be unconstitutional or
14 otherwise invalid, such decision shall not affect the validity
15 of the remaining portions of this Ordinance.
16 I HEREBY CERTIFY that the foregoing Ordinance was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino at a.....-:n.- ~~h-1/:fuLdl/meeting thereof,
on the~~day of. .,rtL4<-C- j7 , 1964, by the
following vote, to wit: tl..
held
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NOES: .//'A.-;>U_
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AYES:
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ABSENT :~~/lL-
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~1erebY approve
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the foregoing Ordinance thiS~h~ay of
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Approved as to form:
. ~~ I#A~"~L
it ttorney
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yor ~ e.~ y 0 an ~ernar ~no
FILED
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