O1284
e
.
CA:RMM:r
City Counc11 Meeting 8-23-83
Santa Monica, Ca1~forn~a
ORDINANCE NUMBER 1284(CC5)
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTIONS
2506A, 2507, 2509 AND 2509
RELATING TO COMPETITIVE BIDDING
SECTION 1.
Munic~pal Code Sectlons 2506A, 2507. 2508,
and 2509 are amended to read as follows:
Section 2506A.
Exceptlons to
Com~etitive B~dding.
The competltlve bld
procedure is not appllcable to those
instances where:
(1) Competltlon
does not exist,
such as membership in professlona1
organlzations, meet~ngs, conventions,
travel, legal advertislng, publlC
ut~lit~es, and proprietary items of
orlg1nal equlpment manufacturers and/or
thelr author~zed exclusive distr~butors.
(2) Competitive bid procedures have
already been utll1zed, such as in
purchaslng from federal, state or county
agencles and these materlals and services
1
e
e
are supplied to the City at the same or
better prlce.
(3) Items to be purchased are for
resale to the publ~c, such as but not
llmlted to the clvic audltorium snack bar
or cemetery plot marking products.
(4) Contracts are for professlonal
services.
(5) Circulating library materials,
includ~ng books, period~cals, fllms, and
recordings.
Section 2507.
Procedures.
(1) Convenience Purchase Orders.
Informal Purchasln9
(a) Indivldual purchase
related to the Clty'S malntenance
requirements, amounting to less than
$500.00 aggregate amount per purchase
order are exempted from competltive bld
requlrements.
(b) In the event that the
savings potentlal clearly does not justlfy
thlS exemption, open market request-for-
quotation procedures shall be followed.
(2) Open Market Orders. Except as
provlded ln Sections 2506A or 2507(1), all
2
e
.
purchases of supplles, materials equ1pment
or contractual services, and all sales of
personal property of the City which has
been obsolete or unusable, or for any
other reason lS to be disposed of not more
than $15,000.00 in amount, shall be made
in the open market, without the require-
ment of formal newspaper advertising.
All open market purchases, wherever
poss1ble, shall be based upon not less
than three competl tive b1ds and shall be
awarded to the person offering the lowest
and best bid. The purchaslng Agent shall
sollcit blds by direct mall request to
perspectlve vendors, or by telehpone, and
by publlC notlce on the bullet1n board in
the Purchasing Department. The Purchasing
Agent shall keep a record of all open
market orders and the bids submitted in
compet1tion thereon, and such records
shall also be open to publlC inspection.
Section 2508. Formal B1dd1n9
Procedures. All purchases of supplles,
material, equlpment or contractual
servlces, except professlonal serV1ces,
and all sales or personal property of the
3
e
.
City which has become obsolete or
unusable, or for any other reason is to be
dlsposed of, of more than $15,000.00 in
amount, shall be made after publlcation in
the offiCla1 newspaper, by two or more
insert~ons, of not~ces invit~ng bids
therefor, the f~rst of which shall be at
least ten days before the time for opening
said blds. At the tlme speclfled in the
notlce lnvitlng blds, such blds, shall be
opened and declared publicly. The
Purchasing Agent shall tabulate all blds
received pursuant to thlS section and
shall refer them to the City Manager for
presentation to the City Councl1, which
shall make the awards. The City Council
may reJect any and all bids presented and
may re-advertise ln its discretion.
After re]ectlng bids, or if no blds
are rece1ved, the City Counc11 may declare
and determine that, 1n its opinlon, the
supplles, materials, equlpment or
contractual services may be purchased
under more favorable Clrcumstances in the
open market, and after the adoptlon of a
resolutlon to this effect by at least five
affirmatlve votes, It may proceed to have
4
e
e
such supplies, materials, equipment or
contractual serVlces purchases ln the
manner stated, without further observance
of the prov1s10ns of th~s sect1on.
Such purchases may be made w~thout
advertlslng for bids if the purchase of
such supp11es, materials, equ1pment or
contractual services shall be deemed by
the City Council to be of urgent necessity
for the preservation of Ii fe, health or
property and shall be authorlzed by at
least flve affirmatlve votes, or it shall
be determined by such vote of the City
Council that to advert~se for bids would
be to no avail and would cause unnecessary
expense and delay.
Section 2509. Emersency Purchases.
In case an emergency shall arlse which is
so urgent as to preclude act10n by the
City Councl1 and wh1ch requlres any
purchase of supplies, materials, equ1pment
or contractual serv1ces, the City Manager
may authorize the Purchasing Agent to
secure 1n the open market at the lowest
reasonable pr1ce, any such supplles,
materials, equipment or contractual
5
e
e
services even though the amount thereof
shall exceed the sum of $15,000.00. In
each such lnstance, the City Manager shall
submit to the City Councl1 in writing, a
full explanat.ion of the circumstances of
such emergency which shall become a part
of the next ensu1.ng meeting of the City
Council and shall be open to publ1.c
inspectlon.
SECTION 2. Any provision of the Santa Monlca Municipal
Code or appendlces thereto lnconsistent with the provislons of
thls ordlnance, to the extent of such inconsistencies and no
further, are hereby repealed or mOdlf1.ed to that extent
necessary to affect the provis1.ons of th1.s ord1.nance.
SECTION 3. If any section, subsectlon, sent.ence,
clause, or phrase of this ordlnance is for any reason held to
be invalld or unconstitutional by a decision of any court of
any competent jurisdiction, such decision shall not affect the
validity of the rema1.ning portions of the ordinance. The C1.ty
Council hereby declares that it would have passed this
ordinance and each and every sectlon, subsect.1.on, sentence,
clause or phrase not declared l.nvalid or unconst1.t.utional
w1.thout regard to whether any portlon of the ord1.nance would
be subsequently declared l.nValld or unconstltutional.
SECTION 4. The Mayor shall sign and the Clty Clerk
shall attest t.o the passage of thlS ordinance. Th1.S City
Clerk shall cause the same to be published once in the
6
e
e
officJ..al newspaper wi thin 15 days after its adoption. The
ordJ..nance shall become effective after 30 days from its
adoption.
APPROVED AS TO FORM:
~~M.T-
Robert M. Myers
City Attorney
7
~
e.
e
ADOPTED AND APPROVED THIS 23rd
DAY
OF August
. 1983.
~2:~
-, ---
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1284
(CCS), WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 9th
DA Y OF August
1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 23rd DAY OF August
1983 BY THE FOLLOWING COUNCIL VOTE:
AYES: COUNCILMEMBERS: Conn, Jennlngs, Press, Zane and
i\layor Edwards
NOES: COUNCILMEMBERS: Epstein
ABSENT: COUNCILMEMBERS: Reed
ABSTAIN: COUNCILMEMBERS: Xone
ATTEST:
{2~-Yl VuJI~~
CITY CLERK