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sr-011910-7a~r c;cYO, City Council Report Santa Monica ~~ City Council Meeting: January, 2010 Agenda Item: ~ To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Ordinance Amending Section 2.24.080 of the Santa Monica Municipal Code to Allow City Participation in Cooperative Purchasing Agreements Recommended Action Staff recommends that the City Council adopt the attached ordinance. Executive Summary At its meeting on December 8, 2009, the City Council introduced for first reading an ordinance amending Section 2.24.080 of the Santa Monica Municipal Code to allow City participation in cooperative purchasing agreements. The ordinance is now presented to the City Council for adoption. Prepared by: Marsha Jones Moutrie, City Attorney Approved: Forwarded to Council: City Council Meeting: 1-12-2010 Santa Monica, California ORDINANCE NUMBER 2303 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.24:080 AS IT APPLIES TO EXCEPTIONS TO COMPETITIVE BIDDING WHEREAS, Santa Monica Municipal Code Section 2.24.080(b) provides an exception to the City's competitive bid procedures where competitive bid procedures have already been utilized by other agencies and the materials and services are supplied to the City at the same or better price; and WHEREAS, cooperative purchasing agencies, including nationwide cooperatives, consist of a pool of government agencies that competitively bid for materials and services; and WHEREAS, the City's participation in cooperative purchasing agencies through cooperative purchasing agreements would allow the City to benefit from favorable pricing; provide the City with more leverage in its purchasing power; lead to significant cost savings; and reduce City staff time required to prepare competitive bids; and WHEREAS, based on the foregoing, the City finds that specifying. cooperative purchasing agencies as exempt from the City's competitive bid procedures under Section 2.24.080(b) would allow the City to participate in nationwide cooperatives and substantially benefit the City, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subdivision (b) of Santa Monica Municipal Code Section 2.24.080 is hereby amended as follows: (b) Competitive bid procedures have already been utilized, such as in purchasing from federal, state, county, city or special district government agencies, or from cooperative purchasing agencies consisting of such agencies, and these. materials and services are supplied to the City at the same or better price, as was obtained through the competitive bid procedures of federal, state, county, city or special district .government agencies, or cooperative purchasing agencies consisting of such government agencies; SECTION 2. 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 3. 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. SECTION 4. 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: M SHA; NE MOU RI Ci Attor{~e Approved and adopted this 19th day of January; 2010 { Pam O'Connor, Mayor Pro Tem State of California ) I County of Los Angeles) ss. City of Santa Monica ) I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2303 (CCS) had itsintroduction on December 8th, 2009, and was adopted at the Santa Monica City Council meeting held on January 19tt', 2010, by the#ollowing vote: Ayes: Council members: Noes: Council members Abstain: Council members: Absent: Council members: Bloom, Davis, Holbrook,-McKeown, Mayor Pro Tem O'Connor None None Shriver A summary of Ordinance No. 2303 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: _--~ Maria Stewart, Ci y Clerk