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SR-205-001-01 (3) e . ~,A CA:RMM:r Clty Council Meetlng 8-9-83 :z-~:;r-- CJO/- 0/ AU6 9 1983 Santa Mon1ca, Cal1fornia STAFF REPORT TO: Mayor and City council FROM: Clty Attorney SUBJECT: Ordlnance Amendlng Mun~clpal Code Sectlons 2506A, 2507, 2508, and 2509 Re1atlng to Compet1tlve Blddlng At 1tS meeting on ~ay 24, 1983, the City Councl1 dlrected the Clty Attorney to prepare an ordlnance lncreaslng the dollar amounts for 1nformal and formal blddlng. In response to thlS d1rect1on, the accompanY1ng ordlnance has been prepared and 1S presented for C1ty Councll conslderat1on. The ord1nance makes a number of changes to the purchaslng provlsions of the Munlcipal Code. Munic1pal Code Sectlon 2507(1)(a) is amended to change the dollar amount for convenlence purchase orders froM $250 to $500. Mun1cipal Code Sect10n 2507 (2) 1S aMended to change the dollar amounts for open market purchases from $5,000 to $15,000. Municipal Code Sect10n 2508 lS amended to change the dollar amounts for formal biddlng from $ 5,000 to $15,000. Flnally, Municipal Code Sectlon 2509, relatlng to Emergency Purchases, changes the reference to the $5,000 formal b2dding amount to $15,000. In addltlon, the proposed ordlnance contalns a change to Munic1pal Code Sectlon 2506A relatlng to exceptions to competltlve bidd1ng. The change adds a new exception for ?,A AUG 9 1983 e e circulatlng library materlals, lnc1uding books, perlodica1s, films, and recordlngs. These materlals are now and have always been purchased by the acqulsltions staff of the ~ibrary. Many of the mater1als are sole source. Many of the materlals are purchased pre-publlcatlon ln order that materlals wll1 be aval1ab1e for clrculation as demand for them develops. The pre-publicat1on purchases are subject to publisher prlce changes and other unusual c1rcumstances in the procurement process. Accord1ngly, because of the dynamlcs of Ilbrary acqulSl.t~ons, it has been impossible to develop cornpetltive b1dding procedures. The addit10n of subdivls10n (5) to Mun1clpal Code Sectl.on 2506A forner1y codl.fies the fact that 11.brary mater1als may not be procured in a feaslble nanner through competltive bldding procedures. RECOMMENDATION It 15 respectfully recomended that the ac companying ordlnance be lntroduced for first reading. PREPARED BY: Robert M. Myers, Clty Attorney e e CA:RMM:r C1ty Oouncll Meet1ng 8-9-83 Santa Mon1ca, California ORDINANCE NUMBER (City Counc~l Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA M1ENDING MUNICIPAL CODE SECTIONS 2506A, 2507. 2508 AND 2509 RELATING TO COMPETITIVE BIDDING SECTION 1. MunlClpa1 Code Sectlons 2506A, 2507, 2508, and 2509 are amended to read as follows: Sectlon 2506A. Exceptions to Competltlve Blddlng. The compet1tive bid procedure 15 not appl1cable to those lnstances where: (1) Competltlon does not eXlst, such as we~bership In professlonal organizatlons, meetings, conventions, travel, legal advertising, publlC ut1lit1es, and proprietary ltems of orlglna1 equlpment manufacturers and/or thelr authorlzed excluslve distributors. (2) Co~petlt1ve bld procedures have already been utl11zed, such as ln purchas1ng from federal, state or county agencies and these materlals and services 1 e e are supplied to the Cl ty at the same or better prlce. (3) ltems to be purchased are for resale to the pub11C, such as but not lim1ted to the C1V1C audltor1um snack bar or ceMetery plot Mark1ng products. (4) Contracts are for profess~onal SerVlces. (5) Clrculating library materials, lnclud1ng books, perJ.od1ca1s, f1lms, and recordings. Sectl0n 2507. Procedures. (1) Convenlence Purchase Orders. Informal Purchasing related (a) Indlv1dual to the City's purchase maintenance requ1rements, amount1ng to less than $500.00 aggregate a~ount per purchase order are exempted front competi tl ve bid requlrements. (b) In the event that the savlngs potentlal clearly does not Justify th1S exemptlon, open market request-for- quotatlon procedures shall be followed. (2) Open Market Orders. Except as prov1ded ln Sectlons 2506A or 2507(1), all 2 e e purchases of supp11es, mater1a1s equip~ent or contractual services, and all sales of personal property of the C1 ty whI.ch has been obsolete or unusable, or for any other reason 1S to be dlsposed of not more than $15,000.00 in amount, shall be made in the open market, WI. thout the reqUI.re- ment of forMal newspaper advertisI.ng. All open market purchases, wherever possI.ble, shall be based upon not less than three competI.tI.ve b1ds and shall be awarded to the person offerlng the lowest and best bid. The Purchasl.ng Agent shall SOllCl.t bids by direct mail request to perspectlve vendors, or by telehpone, and by pub11C not1ce on the bulletln board I.n the Purchasing DepartMent. The PurchasI.ng Ag ent sha 11 keep a record of all ope n market orders and the blds subrrli t ted 1n competlt1on thereon, and such records shall also be open to publlC inspect1on. Section 2508. Formal Bidd1.ng Procedures. All purchases of suppl1es, Mater1al, equipment or contractual serVlces, except professlonal serVI.ces, and all sales or personal property of the 3 e e City wh~ch has become obsolete or unusable, or for any other reason is to be dlsposed of, of more than $15,000.00 in a~ount, shall be made after publ~catlon 1n the officlal newspaper, by two or more lnsertions, of notices invit.ing bids therefor, the f~rst of WhlCh shall be at least ten days before the tlme for openlng sald blds. At the tlme specifled in the notlce lnvlting blds, such blds, shall be opened and declared publicly. The Purchasing Agent shall tabulate all bld s received pursuant to thlS section and shall refer them to the City Manager for presentatlon to the City Council, WhlCh shall make the awards. The City council May reject any and all bids presented and may re-advertlse in 1tS dlscretion. After re]ectlng blds, or if no bids are recelved, the Clty Council may declare and determine that, in ltS opinion, the supplies, contractual mater~als, equlpment or serVlces ~ay be purchased under more favorable circumstances 10 the open market, and after the adoption of a reso1utlon to thls effect by at least flve afflrmatlve votes, 1t may proceed to have 4 e e such supplles, materlals, equlpment or contractual serVlces purchases ln the manner stated, wlthout further observance of the provislons of thlS section. Such purchases may be made without advertlSl.ng for bids If the such supplies, materlals, contractual serVlces shall purchase equl.pment be deemed of or by the Clty Councll to be of urgent necessity for the preservation of 11 fe, heal th or property and shall be authorized by at least five aff1rmative votes, or it shall be determined by such vote of the Cl ty Councl1 that to advertl.se for bids would be to no avail and would cause unnecessary expense and delay. Sect10n 2509. Emergency Purchases. In case an emergency shall arl.se WhlCh is so urgent as to prec 1 ude act lon by the Clty Councl.l and wh1ch requires any purchase of supplies, Materials, equ1pment or contractual serVlces, the Clty Manager may authorize the Purchaslng Agent to secure in the open market at the lowest reasonable prlce, any such supp11es, mater1a1s, equipment or contractual 5 e e serVl.ces even though the amount thereo f shall exceed the sum of $15,000.00. In each such lnstance, the Clty Manager shall submit to the Clty Councll in writlng, a full exp1anatl.on of the circumstances of such emergency WhlCh shall become a part of the next ensuing meetlng of the Ci ty Council and shall be open to public inspection. SECTION 2. Any provlslon of the Santa Monlca Munlclpal Code or appendlces thereto l.nCOnSlstent with the provisl.ons of thlS ordlnance, to the extent of such lnconslstencies and no further, are hereby repealed or modifled to that extent necessary to affect the prOVl.S10nS of thl.s ordinance. SECTION 3. If any sectlon, subsection, sentence, clause, or phrase of thlS ordlnance lS for any reason held to be invalld or unconstltutlonal by a deciSlon of any court of any competent jurlsdlctlon, such deC1Slon shall not affect the vall.d1ty of the remalnlng port1ons of the ordlnance. The C1ty Council hereby declares that It would have passed this ord1nance and each and every section, subsection, sentence, clause or phrase not dec lared lnval id or unconsti tutional wlthout regard to whether any portlon of the ordlnance would be subsequently declared 1nvalid or unconstitutlona1. shall Clerk SECTION 4. The Mayor shall slgn and the attest to the passage of th1S ord1nance. shall cause the same to be publ i she d onc e C1ty Clerk Th1s City In the 6 ~ e . off1Clal newspaper within 15 days after its adoption. The ordinance shall become effectlve after 30 days from its adopt 10 n . APPROVED AS TO FORM: 1...:... .& L.. ~ .. --' ,'.) ~~~ --.... . _ '.f, 11.1"'WJ~ Robert M. Myers ~~ C1 ty Attorney 7