O2284F:\Atty\Mu ni\Laws\MJ M\ProjessionalServicesContractsOrd-Lega10224092d
City Council Meeting: 2-24-2009. Santa Monica, California
ORDINANCE NUMBER 2284 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING MUNICIPAL CODE SECTION 2.24.073 AS IT APPLIES
TO PROFESSIONAL CONTRACTS FOR LEGAL SERVICES
WHEREAS, in conjunction with defending litigation and processing legal claims,
the City hires professionals who supply legal services, including attorneys, experts and
consultants; and
WHEREAS, laws .governing civil litigation give the City certain rights of
confidentiality with regard to the purchase of such services; and
WHEREAS, state law also protects the City's right to an "even playing field" in
litigation so that the City and the public do not suffer an unfair disadvantage in
comparison to adversaries in litigation; and
WHEREAS, the City wishes to effectuate its right of confidentiality in purchasing
legal services in a manner consistent with its duties of disclosure.
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Section 2.24.073 is hereby amended
to read as follows:
CHAPTER 2.24
PURCHASING SYSTEM
SECTION 2.24.073 PROFESSIONAL SERVICES CONTRACTS
(a) Except as established in subsection (f) of this Section, the
City Council shall approve every agreement involving an
expenditure of more than seventy thousand dollars for professional
services. The award of such contracts shall be made to the best
qualified person or firm.
(b) In determining the best qualified person or firm, the following
criteria shall be utilized:
(1) The training, credentials and experience of the person or
firm;
(2) The demonstrated competence, ability, capacity and skill of
the person or firm to perform the contract or provide the services;
(3) The capacity of the person or firm to perform the contract or
provide the service promptly, within the time specified, and without
delay;
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(4) The sufficiency of the person's or firm's financial and other
resources;
(5) The character, integrity, reputation and judgment of the
person or firm;
(6) The ability of the person or firm to provide such future
service as may be needed; and
(7) The price which the person or firm proposes to charge,
including whether the price is fair, reasonable and competitive.
(c) The City Council may in its sole discretion reject any and all
proposed professional services agreements whenever in the
opinion of the City Council
(1) The agreement does not .comply with the City's
specifications or other requirements;
(2) The proposed service should be abandoned or delayed;
(3) The best interests of the City would be served by the
rejection of the proposed professional service agreement.
(d) The City Manager is authorized to solicit requests for
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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.
(e) Professional service contracts of seventy thousand dollars or
less or professional service contracts involving the preparation of
environmental documents and' analysis undertaken to meet federal
or state environmental laws may be awarded without City Council
approval in accordance with procedures established by the City
Manager which ensure that the selection process is undertaken.
consistent with the criteria set forth in subsection (b) of this Section.
(f) Professional services contracts for legal work undertaken in
conjunction with pending or anticipated litigation or a claim against
the City may be awarded without City Council approval in
accordance with procedures established by the City Attorney which
ensure that the selection process is undertaken consistent with the
criteria set forth in subsection (b) of this section.
(g) 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
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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 days after making
the finding. (Added by Ord. No. 1743CCS § 4, adopted 5/10/94;
amended by Ord. No. 1998CCS § 4, adopted 1/9/01; amended by
Ord. No. 2039CCS § 1, adopted 7/5/02; amended by Ord. No.
2228CCS § 1, adopted 5/22/07)
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.
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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.
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APPROVED AS TO FORM:
Approved and adopted this 24t" day of Februa , 2009.
Ken Gense~, Mayor
State of California )
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. 2284 (CCS) had its introduction on February 10t", 2009, and
was adopted at the Santa Monica City Council meeting held on February 24t", 2009, by
the following vote:
Ayes: Council members: Bloom, Davis, Holbrook, McKeown, Shriver
Mayor Censer, Mayor Pro Tem O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2284 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
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Maria Stewart, City CI rk