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O1900 f \atty\muni\laws\mjm\bldpref City Council Meeting 2-17-98 Santa MOnica, California ORDINANCE NUMBER 1900 (ees) (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 2 24090 AND 2 24100 AND REPEALING ORDINANCE NUMBER 1762 (CCS) TO DELETE THE ONE PERCENT BIDDING PREFERENCE FOR SANTA MONICA BUSINESSES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Santa MOnica MUnicipal Code Section 9.24 090 IS amended to read as follows SECTION 2.24.090. Informal purchasing procedures. (a) Convenience Purchase Orders (1) IndiVidual purchases related to the City's mamtenance requirements, amounting to less than $1,00000 aggregate amount per purchase order are exempted from competitive bid requirements (2) In the event that the savings potential clearly does not justify this exemptIOn, open market request-for-quotatlon procedures shall be followed 1 (b) Open Market Orders (1) Except as proVided In Sections 224071, 224.073, 2.24 080 or 2.24 090, public works projects, all purchases of supplies, materials equipment or contractual services, and all sales of personal property of the City which has been obsolete or unusable, or for any other reason is to be disposed of, which are not more than $25,000.00 In amount, shall be made In the open market, without the requirement of formal newspaper advertising. (2) All open market purchases, wherever possible, shall be based upon not less than three competitive bids and shall be awarded to the person offenng the lowest and best bid (3) The PurchaSing Agent shall soliCit bids by direct mall request to prospective vendors, or by telephone, and by public notice on the bulletin board In the PurchaSing Department The PurchaSing Agent shalt keep a record of all open market orders and the bids submitted In competition thereon, and such records shall also be open to public inspection SECTION 2. Santa MOnica MUniCipal Code Section 2.24.100 IS amended to read as follows. 2.24.100 Formal bidding procedures. (a) Except as otherwise proVided, all purchases of supplies, 2 material, eqUipment or contractual services, other than professional services, which shall be governed by Section 224.073, and all sales of personal property of the City which has become obsolete or unusable, or IS to be disposed of for any other reason, of more than $25,000 00, shall be made to the lowest and best bidder after publication In a newspaper of general circulation in the City of Santa MOnica, by two or more Insertions, of notices Inviting bids therefor, the first of which shall be at least ten days before the time for opening said bids. At the time specified In the notice inViting bids, such bids, shall be opened and declared publicly The PurchaSing Agent shall tabulate all bids received pursuant to this section and shall refer them to the City Manager for presentation to the City Council, which shall make the awards The City Council may reject any and all bids presented and may re-advertlse in ItS discretion. (b) After rejecting bids, or If no bids are received, the City CounCil may declare and determIne that, In Its OpiniOn, the supplies, materials, equipment or contractual services may be purchased under more favorable circumstances In the open market, and after the adoption of a resolution to thiS effect by at least five affirmative votes, It may proceed to have such supplies, materials, equipment or contractual services purchased In the manner stated, Without further observance of the provIsions of thiS section (c) Purchases of supplies, matenals, equipment or contractual services may be made Without advertiSing for bids If the purchase of such 3 supplies, matenals, equipment or contractual services shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property and shall be authonzed by at least five affirmative votes, or it shall be determmed by such vote of the City CouncIl that to advertise for bids would be to no avail and would cause unnecessary expense and delay SECTION 3 Ordinance Number 1762 (CCS), adopted by the Santa MOnica City Council on August 9, 1994, IS hereby repealed In Its entirety. SECTION 4 Any provIsion of the Santa Monica MUniCipal Code or appendices thereto InconsIstent with the provIsions of thiS Ordinance, to the extent of such inCOnSistencies and no further, IS hereby repealed or modified to that extent necessary to effect the provisions of thiS Ordinance SECTION 5 If any section, subsection, sentence, clause, or phrase of thiS Ordinance IS for any reason held to be Invalid or unconstitutional by a deCISion of any court of competent jUrisdiction, such decIsion shall not affect the validity of the remaining portions of thiS Ordinance. The City Council hereby declares that it would have passed thiS Ordinance and each and every section, subsection, sentence, clause, or phrase not declared Invalid or unconstitutional Without regard to whether any portion of the ordInance would be subsequently declared invalid or unconstitutional 4 SECTION 6 The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance The City Clerk shall cause the same to be published once In the official newspaper within 15 days after Its adoption This Ordinance shall become effectIve 30 days from Its adoption APPROVED AS TO FORM dn~~~ MARSHA JONB'SJ MOUTRIE City Attorney 5 ~~~ Holbrook. Mayor State of Cahforrua ) County of Los Angeles) ss CIty of Santa Maruca ) I, Mana M Stewart, CIty Clerk of the CIty of Santa Moruca. do hereby cemfy that the foregomg Ordmance No 1900 (CCS) was mtroduced for fIrst readmg on February 10. 1998. and was adopted on February 17_ 1998 by the followmg vote Ayes CouncIl members Ebner, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members Femstem. Genser Abstam CouncIl members None Absent Council members None ATTEST ~~-~~ "- Mana M Stewart. CIty Clerk