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O1931 f \atty\mum\laws\em\pubwork ord City Council Meeting 12-22-98 Santa MOnica, California ORDINANCE NUMBER 1931 (City CounCil Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2 24 071 RELATING TO PUBLIC WORKS CONTRACTS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Santa MOnica MUnicipal Code Section 2 24 071 IS hereby amended to read as follows Section 2.24.071. Public works contracts. (a) Every contract involVing an expenditure of more than twenty- five thousand dollars for public works projects Includmg, but not hmlted 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 Momca by two or more Insertions, the fIrst of which shall be pubhshed at least ten days before the time for openmg bids (b) Public works contracts of twenty-five thousand dollars or less may be let to contract by Informal purchasmg procedures as set forth In Section 2 24 090(2) (c) For public works projects estimated to exceed one million dollars In cost or for public works projects With unique or complex - .L charactenstlcs, the City Manager may authorize a phased selection process for determmmg the lowest responsible bidder If the characteristics of the project, including, but not limited to Its Size, complexity, uniqueness or potential Impact upon the City, are such that a phased process would best effectuate the publIc Interest The phased selection process shall SOliCit, review and evaluate the qualifications of prospective bidders In accordance with the cnterla set forth In Santa MOnica MuniCipal Code Section 2 24 072, with project speCifications and with such administrative InstructIOns, rules, and regulations as may be Issued by the City Manager The lowest responSible bidder shall be competitively selected from those prospective bidders who have been determined as qualified to responSibly complete the project In accordance with applicable City cntena The City Manager IS authonzed to Issue administrative Instructions, rules, and regulations as necessary for the purpose of satisfying the requirements of this subsection (d) The City CounCil may reject any and all bids received whenever In the opinion of the City CounCil (1) The bid or bids do not comply With the bid notice and speCifications, (2) The proposed project or purchase should be abandoned or delayed, (3) The materials or services may be purchased more reasonably on the open market or the work done less expensively by City personnel, 2 (4) The bids are higher than anticipated and a new call for bIds would result In savings to the City, or (5) The best mterests of the City would be served by a rejection of all bids (e) 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 (1) The goods or services can be purchased more economically on the open market, (2) There eXists no competitive market for the provIsion of the goods or services necessary to construct the public works project, or (3) Due to urgent necessity, the public health, welfare or safety would be Jeopardized if the bidding procedures ofthls SectIon were followed (4) During any penod of a declared state of local emergency, the CIty Manager or the Director of Emergency Services IS authonzed to Implement such practices, poliCies and procedures for the construction, mamtenance, 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 complymg 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 3 than thirty days after making the flndmg 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 jUnSdlctlon, 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 Ordmance 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 /Jt~~M M4.RSHA IONES MoulRIE Clty-Attorrk'y s State of Cahforma ) County of Los Angeles) 55 Cn)' of Santa Moruca ) { ~ A1A !Jtl1 ~ PT 6"'Connor. Mayor 1. Mana M Stewart. CIty Clerk of the CIty of Santa MOnIca. do hereby certrf).' that the foregomg Ordmance No 1931 (CCS) had Its first readmg on December 15, 1998. and was adopted on December 22. 1998 by the follo\"lng vote Ayes CouncIl members Femstem, Genser. Holbrook, McKeown, O'Connor Noes CouncIl members None Abstam CouncIl members Kone Absent CouncIl members Rosenstem \",. ATTEST \1~~Clty~