O1931
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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
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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 )
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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
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