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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: 1 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; 2 (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 3 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 4 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. 5 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. 6 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: ------1 Maria Stewart, City CI rk