O1743
CA:f:atty\muni\laws\mtt\purchas4.ord
City Council Meeting 5-10-94
Santa Monica, California
ORDINANCE NUMBER 1743(CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADDING SANTA MONICA
MUNICIPAL CODE SECTIONS 2.24.071, 2.24.072 AND
2.24.073 AND AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 2.24.070, 2.24.080, 2.24.090, 2.24.100 AND
2.24.120 REGARDING PURCHASING PROCEDURES AND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.24.070 is
amended to read as follows:
2.24.070 competitive bidding.
Pursuant to the terms of Sections 608 and
1508 of the City Charter, and in every case
except as stated in Section 2.24.080, before
making any purchase of, or contract for
supplies, materials, equipment or contractual
services, or before any sale of personal
property of the city which has become
obsolete, or unusable, or for any other reason
is to be disposed of, the' purchasing agent
shall give ample opportunity for competitive
bidding under the rules and regulations and
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with such exceptions as are prescribed in the
following sections.
SECTION 2. Santa Monica Municipal Code section 2.24.071 is
added to read as follows:
2.24.071. Public Works Contracts.
(1) Every contract involving an
expenditure of more than Twenty-Five Thousand
Dollars ($25,000.00) for public works projects
including, but not limited to, the construction
of public buildings, streets, drains, sewers,
utilities and parks shall be let to the lowest
responsible bidder after notice by publication
in a newspaper of general circulation in the
City of Santa Monica by two (2) or more
insertions, the first of which shall be
published at least ten (10) days before the
time for opening bids.
(2) Public works contracts of Twenty-Five
Thousand Dollars ($25,000.00) or less may be
let to contract by informal purchasing
procedures as set forth in section 2.24.090(2).
(3) The city Council may reject any and
all bids received whenever in the opinion of
the City Council:
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(a) The bid or bids do not comply
with the bid notice and specifications;
(b) The proposed proj ect or purchase
should be abandoned or delayed;
(c) The materials or services may be
purchased more reasonably on the open market or
the work done less expensively by City
personnel;
(d) The bids are higher
anticipated and a new call for bids
result in savings to the City; or
(e) The best interests of the City
would be served by a rejection of all bids.
(4) By two-thirds affirmative vote of its
membership, the city Council may forego the
bidding procedures otherwise required by this
Section if the City council finds that:
(a) The goods or services can be
purchased more economically on the open market;
(b) There exists no competitive
market for the .provision of the goods or
services necessary to construct the public
than
would
works project;. or
( c) Due to urgent necess i ty , the
public health, welfare or safety would be
3
jeopardized if the bidding procedures of this
section were followed.
(d) During any period of a declared
state of local emergency, the city Manager or
the Director of Emergency Services is
authorized to implement such practices,
policies and procedures for the construction,
maintenance, or repair of pUblic works projects
as are necessary to protect the public health,
welfare or safety without otherwise complying
with this Section, if the city Manager or the
Director of Emergency Services finds that
complying with this section would cause
unnecessary expense or delay. The City Manager
or Director of Emergency Services shall report
all such findings at a regular meeting of the
city council no later than thirty (30) days
after making the finding.
SECTION 3. Santa Monica Municipal Code Section 2.24.072 is
added to read as follows:
2.24.072. Lowest Responsible Bidder.
In evaluating whether a person is the
lowest responsible bidder pursuant to this
Chapter, City staff may utilize some or all of
the following criteria, in addition to price:
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(1) The quality of the material or
services offered.
(2) The ability, capacity and skill of
the bidder to perform the contract or provide
the material or services.
(3) The capacity of the bidder to
perform the contract or provide the service
promptly, within the time specified, and
without delay or interference.
(4) The sufficiency of the bidder's
financial resources.
(5) The character, integr i ty,
reputation, judgment, training, experience and
efficiency of the bidder.
(6) The ability of the bidder to provide
such future maintenance or service as may be
needed.
SECTION 4. Santa Monica Municipal Code section 2.24.073 is
added to read as follows:
2.24.073.
Contracts.
(1) The city council shall approve every
agreement involving an expenditure of more than
Fifty Thousand Dollars ($50,000.00) for
professional services. The award of such
Professional
services
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contracts shall be made to the best qualified
person or firm.
(2) In determining the best qualified
person or firm, the following criteria shall be
utilized:
(a) The training, credentials and
experience of the person or firm;
(b) The demonstrated competence,
abili ty, capaci ty and skill of the person or
firm to perform the contract or provide the
services;
(c) The capacity of the person or
firm to perform the contract or provide the
service promptly, within the time specified,
and without delay;
(d) The sufficiency of the person's
or firm's financial and other resources;
(e) The character, integrity,
reputation and judgment of ,the person or firm;
(f) The ability of the person or
firm to provide such future service as may be
needed; and
(g) The price which the person or
firm proposes to charge, including whether the
price is fair, reasonable and competitive.
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(3) The city 'council may in its sole
discretion reject any and all proposed
professional services agreements whenever in
the opinion of the City council:
(a) The agreement does not comply
with the city's specifications or other
requirements;
(b) The proposed service should be
abandoned or delayed;
(c) The best interests of the City
would be served by the rejection of the
proposed professional service agreement.
(4) The city Manager is authorized to
solicit requests for proposals or
qualifications or to proceed in such other
fashion for professional services, whenever the
city Manager determines in his or her sole
discretion that the best interests of the city
would be fully served by proceeding in such a
manner.
(5) Professional service contracts of
Fifty Thousand Dollars ($50,000.00) or less may
be awarded without City Council approval in
accordance with procedures established by the
city Manager.
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(6) During any period of a declared state
of local emergency, the City Manager or the
Director of Emergency Services is authorized to
implement such practices, policies and
procedures for obtaining professional services
as are necessary to protect the public health,
welfare or safety without otherwise complying
with this section, if the City Manager or the
Director of Emergency Services finds that
complying with this section would cause
unnecessary expense or delay. The City Manager
or Director of Emergency Services shall report
all such findings at a regular meeting of the
City Council no later than thirty (30) days
after making the finding.
SECTION 5. Santa Monica Municipal Code section 2.24.080 is
amended to read as follows:
2.24.080 Exceptions to competitive bidding.
The competitive bid procedure is not
applicable to those instances where:
(1) Competition does not exist, such as
membership in professional' organizations,
meetings, conventions, travel, legal
advertising, public utilities, and proprietary
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items of original equipment manufacturers or
their authorized exclusive distributors.
(2) Competitive bid procedures have
already been utilized, such as in purchasing
from federal, state or county agencies and
these materials and services are supplied to
the City at the same or better price, as was
obtained through the federal, state or county
competitive bid procedures.
(3) Items to be purchased are for resale
to the public, such as but not limited to the
civic auditorium snack bar or cemetery plot
marking products.
"
(4) Contracts
services.
are
for
professional
(5)
The
work involved consists of
repair of public buildings,
streets, drains, sewers,
maintenance or
public works,
utilities, parks or playgrounds by City
employees;
( 6) Items to be purchased are
circulating library materials, including
books, periodicals, films, and recordings.
SECTION 6. Santa Monica Municipal Code section 2.24.090 is
amended to read as follows:
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2.24.090 Informal purchasing procedures.
(1) Convenience Purchase Orders.
(a) 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.
(b) In the event that the savings
potential clearly does not justify this
exemption, open market request-for-quotation
procedures shall be followed.
( 2 ) Open Market Orders. Except as
provided in sections 2.24.071, 2.24.073,
2.24.080 or 2.24.090(1), 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.
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.
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The purchasing Agent shall solicit bids by
direct mail 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
competi tion thereon, and such records shall
also be open to pUblic inspection.
SECTION 7. Santa Monica Municipal Code section 2.24.100 is
amended to read as follows:
2.24.100 Formal bidding procedures.
All purchases of supplies, material,
equipment or contractual services, except
professional services, which shall be governed
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 any
other reason, which is more than $25,000.00 in
amount, shall be made 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
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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-advertise in its
discretion.
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.
Purchases of supplies, materials,
equipment or contractual services may be made
without advertising for bids if the purchase of
such supplies, materials, equipment or
contractual services shall be deemed by the
city Council to be of urgent necessity for the
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preservation of life, health or property and
shall be authorized by at least five
affirmative votes, or it shall be determined 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 8. Santa Monica Municipal Code section 2.24.120 is
amended to read as follows:
section 2.24.120 - Emergency purchases.
In case an emergency shall arise which is
so urgent as to preclude action by the City
Council and which requires the expenditure of
funds for supplies, materials, equipment,
contractual services, professional services,
public works and other city projects, or
whenever a resolution adopted by the City
Council, or the Director of Emergency Services,
declaring the existence of a Local Emergency,
the City Manager or the Director of Emergency
Services, or their authorized representatives,
may authorize the purchasing agent to secure in
the open market at the best reasonable price,
any such supplies, materials, equipment,
contractual services, professional services, or
contracts for public works or other City
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projects, even though the amount thereof shall
exceed the sum of $25,000.00. During any period
of Local Emergency, the City Manager or the
Director of Emergency Services, or their
representatives, are further authorized to
negotiate or execute such contracts,
agreements, applications or other documents
with such other federal, state or local
agencies or other groups and organizations as
are necessary to provide or to obtain emergency
aid, assistance or services to the City of
Santa Monica and to contract for the 'immediate
expenditure of public funds to safeguard life,
health or property, including when necessary to
protect public health, welfare and safety to
expedite such contracts by shortening all
required notice periods or waiving competitive
bidding procedures for, the purchase of
supplies, material, equipment, contractual
services, professional services contracts,
public works and other City projects. In each
such instance, the City Manager or the Director
of Emergency Services shall submit within
thirty (30) days to the City Council in
writing, a full explanation of the
circumstances of such emergency which shall
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become a part of a regular meeting of the city
Council and shall be open to public inspection.
SECTION 9. Pursuant to City Charter section 615, the City
council finds this measure to be urgent in order to address
continuing reconstruction efforts in response to the Northridge
earthquake; and proceed with actions related to the provision of
necessary shelter to individuals and to address health and safety
concerns attendant upon persons living without shelter.
SECTION 10. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public peace, health and safety, and the urgency for its adoption
is set forth in section 9 above.
SECTION 11. 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 effect the
provisions of this Ordinance.
SECTION 12. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
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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 13.
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 upon
adoption.
APPROVED AS TO FORM:
'J!!JiU.)L-~JM~
MARSHA JONES~OUTRIE
City Attorney
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Adopted and approved this 10th day of May, 1994.
~ /-!h
. '1.1ayor
I hereby certify that the foregoing Ordinance No. 1743 (CCS) was duly and regularly
adopted at a meeting of the City Council on the 10th day of May, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein,
Vazquez
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
/
G~.Uci / 4/~
I
City Clerk