O1951 (2)
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City Council Meeting 9-14-99
Santa MOnica, California
ORDINANCE NUMBER 1951 (CCS)
(City Council Serres)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 2 24.090(2) AND 2 24 100 OF THE SANTA MONICA
MUNICIPAL CODE TO PROVIDE A 1% BIDDING PREFERENCE FOR SANTA
MONICA BUSINESSES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS
SECTION 1 Section 2 24 090 ofthe Santa Monica MUnicipal Code IS amended to
read as the follows
2.24.090 Informal purchasing procedures.
(a) Convenience Purchase Orders.
(1) IndiVidual purchases related to the City's
maintenance reqUIrements, amounting to less than $1,000 00
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
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(b) Open Market Orders
(1) Except as provided In Sections 2 24 071,
224073, 224080 or 2.24090, 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 $25,00000 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 offering 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 shall 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
(c) (1) Notwithstanding anyotherprovlslonsofthls
Section, prlorto awarding a contract the PurchaSing Agent shall
proVide a 1 % price preference to all City bUSinesses submitting
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Open Market order bids upon which Will be levied a State of
California sales tax The Purchasing Agent shall administer the
bidding preference so that bid amounts received from City
businesses are reduced by 1 % solely to determine the rank
order of the bIds In the selection process If, after the 1 %
preference IS applied, a City business has submitted a bid
which IS equal to or is lower than all other bids, the Purchasing
Agent shall award the contract to the City business so long as
It IS otherwIse the most responsible and best bidder
(2) For purposes of thiS proVIsion a City
business shall be a business licensed by the City of Santa
MOnica to conduct business In the City and which shall have a
place of business Within the City other than a post office mailing
box
SECTION 2 Section 2 24 100 of the Santa MOnica MUnicipal Code IS amended to
read as follows
2.24.100 Formal bidding procedures.
(a) Except as otherwise proVided, all purchases of
supplies, material, equIpment or contractual servIces, other
than profeSSional services, which shall be govemed by Section
2 24 073, and all sales of personal property of the City which
has become obsolete or unusable, or IS to be disposed of for
3
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 m 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 m the manner stated, Without further observance of
the proVIsions of thiS section
(c) Purchases of supplies, materials, equipment or
contractual services may be made Without advertiSing for bids
If the purchase of such supplies, materials, eqUipment or
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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 authorized 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
(d) (1) Notwithstanding anyotherprovlslonsofthls
Section, prior to awarding a contract the Purchasing Agent shall
award a 1 % price preference when determining the lowest and
best bid to all City businesses submitting formal bids upon
which will be levied a State of California sales tax The
Purchasing Agent shall administer the bidding preference so
that bid amounts received from City businesses are reduced by
1 % solely to determine the rank order of the bids m the
selection process If, after the 1 % preference IS applied, a City
business has submitted a bid which IS equal to or IS lower than
all other bids, the Purchasmg Agent shall award the contract to
the City business so long as It IS otherwise the most responsible
and best bidder
(2) For purposes of this proVIsIon a City
business shall be a business licensed by the City of Santa
Monica to conduct bUSiness In the City and which shall have a
5
place of business within the City other than a post office mailing
box
SECTION 3 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, are hereby repealed or modified to that extent necessary
to effectuate the provIsions of this Ordinance
SECTION 4 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 any competent JUriSdiction. such deCISion shall not affect the validity of the remaining
portions of this ordmance The City Council hereby declares that It would have passed this
ordinance, and each and every section, subsection, clause, or phrase, not declared Invalid
or unconstItutional wIthout regard to whether any portIon of the Ordinance would be
subsequently declared Invalid or unconstitutional
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SECTION 5 The Mayor shall sign and the City Clerk shall certify to the passage
of this Ordinance The City Clerk shall cause the same to be published once in the official
newspaper wlthm 15 days after Its adoption ThiS Ordinance shall become effective 30
days from ItS adoption
A~PROVED A~TO FORM .
ft1fJ) A .L'\JJAAA.~!lLML
MAIRSHA JO~S MOUTRI'E
CltY'Attorn ey
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Adopted and approved thIS 14m day of September, 1999
(
TMt1~1^-
~~ O'Connor. Mayor
\
State of Cahforma )
County of Los Angeles ) ss
CIty of Santa MOnIca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the
foregomg Ordmance No 1951 (CCS) had Its fIrst readmg on August 10, 1999, and was
adopted on September 14, 1999, by the followmg vote
Ayes
CouncIl members Holbrook. Bloom, McKeown,
Femstein. Mayor Pro Tern Genser. Mayor
O'Connor
Noes
CouncIl members Rosenstem
Abstam
CouncIl members None
Absent
CouncIl members None
~~- ~
Mana M Stewart. CIt~