SR-8-B (121)
CA:f:atty\muni\strpts\mtt\purchase
City council Meeting 5-10-94
Santa Monica,
88
MAY 1 0 199t' -
California
~
i
-;
STAFF REPORT
TO: Mayor and city council
FROM: City Attorney
SUBJECT: 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
This proposed emergency ordinance would modify the provisions
of the Santa Monica Municipal Code to create an updated purchasing
procedure.
In addition to assisting in the earthquake
reconstruction effort by the City, this ordinance, if adopted,
would expedite the implementation of the recommendations of staff
regarding alternative shelter space for individuals utilizing
public spaces for residency.
In general, the ordinance reflects
the higher threshold limits set forth in the city Charter;
clarifies the authority of the City Manager or Director of
Emergency services to act when public health, welfare or safety
mandate action faster than permitted under regular bidding
procedures; and adds new provis1ons regarding publ1c works and
professional services contracts.
Since this is an emergency ordinance, it requires five votes
1
MAY 1 n 19M
8B
of the city Council for adoption. If adopted, this ordinance would
become effective immediately.
RECOMMENDATION
It is respectfully recommended that the accompanying
emergency ordinance be adopted.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Martin T. Tachiki, Chief Deputy city Attorney
2
CA:f:atty\muni\laws\mtt\purchas4.ord
City Council Meeting 5-10-94
Santa Monica, California
ORDINANCE NOHBER
(CCS)
(City Council series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL 07
THB CITY OF SANTA MONICA ADDING SANTA MONICA
MUNICIPAL CODB 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 07 AN EHERGENCY
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 biddinq.
Pursuant to the terms of secti:").....~ €oriel o1lid
i~dJ 1:..0e 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
1
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.
0)
C\"C'ry
contr.Jct
. I'
lnVc)...V In:.J
nn
cx~cnd.i turQ 01 r:.:;rp. t:liln r"",cnty-l' j '.'u Thcu~,l:1d
Dol1~r~ ($'~,~JO.~~)
1 c:c p':l::' ic ~r.::, k:.~
"
pre.: (iII(~ ~9
1n.:-11Juing. b'lt r..~t 1 ir-i t'" 1 to, tnC' \~~.n~~~,r~Jco;ion
of p..:lJ] Ie 1.;.J1.1dil1'J~. ~tr(-c.t~, dr.lit,~, r;,.....;r:.:..,
utiljtic~ ~nd p~rk~ 5~nll te let t~ tnn 1o~c~t
rC!'~(.onrabln b:dc!(n. i~t"tcr r:.ct.icc ~:" p lLI~ I";~"~ ,:3:a
1n a n~~~r'vcr of ~cr:.cTal circu: ~lio~ 1n thC'"
Citl of ;;-tntd Mr::l:cn Ly t....o (;;: or ::I~rC'
In:;,'!rt:mh:, tJIC.' ~ ir~t C.r ~hi'h ~~t:,11 t...c
F..:b 1] :.;::(, J ~l t h l..it tt. n (:0) d .. :,.r, LoJ f ~~rc thC'
til':"C' ter opnninrj bi~3;i.
(2) Pl.lt;] ic ;,.'::,rks r;ontrac'tF. ()f 'I'iwn::,.-t- .lVC
Tho..Jt'an:::l Dcllars ($2~.{:t'c.nfl) or LC'::i~ ~~c.q r,c
let
.......
.. ...
cor.tract
l'l
.
info!:', I:' !
pu:-eh,)~;.,n1
proc~C'C!urC'r- .~~: ;:C't f~ir!'~;l an s(,'c~ic:n 2.2.Ln;;n(:i').
(J) ._t~c City cm.n..:i] ~:'I"~Y rc jc..:t d:l~. .u:i
all Li..h-i I(.:~C"jV('lt ...h~rloClV'e:t" in ttlO :l('i.nicn ot
tl:C' Cl.ty Coun~:.L:
2
(a) 1ho bid or bids d:> r.r~t cf')mp~l!
with tho bId notice and ~pccifica~:cn~;
(b) "J."t:Qo propnr:....:1 projct"t or p\lrd'l.....~.ll'
shcu:d be' :-1c:lri.!.n:( oJ or llr.'l.l~'CJ;
(c) '::I'~ ru.ltC"rl..lls or !~c:!"V.c(,':; '&.lilY bc
p.ln:h<iDOd morc rC'.H;::.n tb:y en the cl'~cn ri...rko~ or
the work done ~ 0(;5 C XpCliS i VC' I Y t..y C i toy
personnal;
(d) '.:.t:.~
bid~i
are
h:qh:r
th:m
anti::lr.1tC'~ l.,j a nC".... c;J,ll t[~r bit~,,; .,,'ouLd
rC!f'iuJc in f'ioivitlC';H to t':r city; or
(r~) 'I:.t' Lt..;t intcT(,;~t:- 01 t-hC' City
,..:~~; 1 d rp. :'ir rvm~ b~' .. roc' j C"~:1:'. i on "t ..d.. b :..d;; .
(4) I~y t;,:o-t rd rc.Js af:' h ffl.J.t i '~'C \,';.t"l1 of i t ~~
r.:r~:" !.oc r sh ~ p, tl,C" \'1 t. i' Ct~ ,. :"rc ~ ~ r- 1')0 11....1 C fJ;:) t lil"
bl~i~~~ pc~=e~cres other~ise req~~red b1 this
::ot;":l':m if t.:1C' Cl":j.' C..:mnci:i. t.iT'j~~ t!M~:
(,,: 'rlJC' g=JO~"; or t~(. rv ':'C:t":~ t:.n: La
purc:h:l:''icd :-.,ore [~;:or:.:Jm i t:iJ 11 y on t.hc.. oi:cn I"i!.rltc~;
C 1.; "rhe:- c ax i ~t.13 r:.o (.'011 pC"t 1 1:' i va
r.iclrkct. for tho rro"'I~,;i:lr. of the (J;Jt;~J~ or
scrv ~ccs r...:..:c.c;',,)r"y to (;Cnn~nH.:t ~nn r-uh: 1e
works rroJ~ct; or
(c) U".Jt." to \I.t~ent nl"cm,:'J'!"Y, the
p'.Jbl,;"c :'l.c.:1~th, ..c:f:n:~ or !~.:lf(,':'i' .....O.lt'j hp
3
jccp~rdlzed if the bidding procedurc~ or tnis
Se(.:t 1 on wr.ro 1"ollG"'~I:1.
Cd) l~urilHl anol Iwriod Of'l d'!.c:drod
St.1tC cf -:'c"'.11
the Director
P: r'~ jO".o 'i, tna Ci t.~ ~~:lr-,-l:j( r
or
of
[:~"(."rgC:lcy
Sf' ['v.: cas
is
autho!'iza,J
to
ir"EJ ~ c:-'I(~nt
such
P':-uCt:. i (.:0$ I
0011Cict:1;~(] proc:::odL.rflF, for the cGn~:tructlO:1,
m~jntrnlnco, or r~p~ir ot public ~olk~ proJc~ts
a~ .,,rC' nC"cc"H.;.:.ry tC) i rt=tc~:t th... p:JL 1 i:; h''',i 1 th,
W'C'llCl!'c Ot' ~itfl!ti" wit~r:...t cthC::Wl~~ cnl"ip~~'ir:.'l
with thi~ section, 11 the City M~~a~~r or thC'
Di rc~tc f' of E::r.cl"rjc:':.':::y Sl'rv i ca~; t i :1 J~~ ~.11r1t
ccrT 1}" ing \ri 1 th th i :i ~:~~:.;tl nn \"cu; d c~nL:.C'
unm'!:':C'~~iilry oxt='" mif' 0:" :-JC" l.!j.'. l'hC' l:' 1 ~ j.' ~ lr~cJqC' r
or :::irccto!'" ~=f L:l""nr,!!"':l.~Y r:it.rvicu; :A".,,:: rc-p:)rt
all 'Hidl ! ir:I.:i.:cJ:': .It. ~J n~f.:iul-:1r r1c-C"7in') cf th~
City CO'Ll I&C i 1 no 1.'l'tl.r th,.n tnicty (JG) c.J...ys
art~r ~~klnq tho ri~~ln1.
SECTION 3. Santa Monica Municipal Code section 2.24.072 is
added to read as follows:
2.24.072. Lowest Responsible Bidder.
L:1 c'..a 1 \Jilt i n'l ...'lu,'t hor d p(!Or'l..oon 1 s the
lo~.O!it ra:'p.,n~a tl c 1. Holder pur~u~l1t to thi s
Ch;:!.;:. t~r, Cl 't}" ~t-l r 1 ma~ ut il i zc ~c.=I' Q (",r d 11 of
the f(.:>:le:.;..I"~J ~r~~Q~:l, iT. ..:~.C~:e:n tel r:ri..(~:
4
(1) 'j'he CJllillit}. or the lni1torial tot"
servi::cs ollcrc~.
(2) ~hc a~~l!ty, ~ap~~it) dnJ ~kjl. of
tta~ i:i,hkr t.:. r:-'rt')~-I tlH (:(:n-::r.,C:i (:r p:-c',,'lC'
t~C' r~tLri~l or ~~r~.ct~.
(l) ':l;c c....1J).c:ity of the bi:.ktc:- to
p:!'rfCtt:l t:~~ cont.r..H.':t. or p.rcn'icJc th~ ocrviC"c
prc~vt1y, ~ithin t.hc t.i~e npr~:ricJ. ~nd
~it~~~t J~l~~ cr i~tn:lrr~nc~.
(") ': Ill' :;lLf:. hacrH.:t 01 UiU IJ.. dd.:r: ' ~
11: ,,In..:.:. J] n..~~u r..:m"-.
( :.: I '': t~ c
ch:.ir:l::-:C r,
I n t t' q r I t Y ,
r~I_ut~lt.icn, i\.ld~:;:"'(~'it:, t.r.dnil'~=J, PKpr riut-,c(' in,,]
C'fflC'it!n=)' e')f tl:l' :.in,:nr.
) h ...'" ~,., v 't d '
(t. 'I~:l'.~ ~....;,t.,' 0:' ..:lC ...1-.l.:"'eJ;'", C pro\..:. ~
t=l:...~l f:,:~,~[C" i-a t:ltt. ..1~:...1lC." CL- :'iOt"\' .-:(.. "Ji~ r '.:r- 1-:('\
r.eedej.
SECTION 4. Santa Monica Municipal Code Section 2.24.073 is
added to read as follows:
2.24.073.
Professional
services
contracts.
( 1 .
- I
":"t~C' ('it.i" C~;..n~~il r:h.1~':' c.:.rr1'r::-,,'e C'w"ry
ilIC) r, '&"I~cn t
in....O.:.v:.lh,j CUI n'l:c-nJttlJ:'C '11 I"~r(' th.l.,
}o il ty
ThL.J ::~:u ,I!
~)c.. ~ ~ i l' ii
($ :...;), I I~,:. l.ll}
r :~r
prc~ f C": n i ~'I ,1
..,.""... .I'''~
. .. II .. . '"-.. ...
r...f'"
1\...1 r, !
...
.' -
:,l!;,;h
5
ccr.tri!.cts shal:' he :.i.Jue to the be:;t 'l.ldlified
p("r!:icn or t inn.
(2) .L:1 dl"'tcrr' in.:.:':.q tho bC!~:"t q.J.! 1 :. ~ .i cd
p(~r';::n or fir.', th!~ f~lllt)';.....incl crih t i., ~.h.,: I ~e
utilized:
(:tJ '1't~(' !": r&':'nir.g, crC'd:'nt ic.lls a:id
eXICricncQ of the p~r~cn or fir~;
(bJ The d~Mcn~trated co~pct~nc~,
abilit}p, c",p.,c.:.ty .'lnJ ~ki11 of 'the pc.nicn tlr
firm to l~(~r fC~T"".1 t;;c cc:-:.tr.tct ~n I.re.v i dr- the
S'Jr\1 i ,,:c"r- t
(..:) Tt.t' c.'p..H:ity 01 tt;,c l"cr~;c..n or
tirm to pr-r~or::i trlc c:.I:itr.1C't or pr;)-"idc the!
ccrvic~ rro~~tly, ~ithin th~ ti~~ 'p~rifi(dr
L'1l1.d ....itt.e'lt \oJ!..!:..l)';
( i j '~'l:t. ~ i. ~ fie: j l"nC"'y 0 it: .r> pt- :-:;r:I': I f:l
or ljr'n'~:o t l:l.';l:...i lJ..ji~ ot~l("r rC~h.nt"c'.':,:;;
( c; 'rlll."'
c.:t~qrdC'tcrr
i nt:c.'.:p.: t Y',
rt'put.tt J on :3nr.'i
juJ'F.~( nt :)~ ttiO
. .
lien;::;n or J;. r::o ;
( f) ':'!lC' .lct 1 i t~. cf thC" p':'Ts:m or
fh:- to provi:'k ~m.:t:. ~utu:"C! f~crvic.-C! .I=-: r.l}' hC'
nc.p k:i; :u~d
(~) 'I~I! 111-1".C" "'.hi:-1h t'":c r..""\fl,,:Jr~ ::r
fil:-: propo':n: t:) l:ti~:-~~t, lnt:~1HHr~ whf""'r,.'II!' thO'
p:-:t't~ I:: f.-:.ir, !"l~ !:':~:1 .bl~ anj r.::c.....t.-Pt .t.i..,'c.
6
(3) The Cit-y Cou~ci ~ :n~y :rl its Gole
db:OCT('t i r,m r(' j c,-=t any dn:J Co' 11 prnp~t"o:cd
prc;(~!:H,"dondl scc\'icc:...; ac;rcl"':::,cmtG V'it:.~ncv~[" in
th.~ lJpJ.n ior: 01 t:IC C:. ':: y Cc:,.;nc~]:
(4) l:JC ~grcC!r;,cnt doc~. n..~t c.:c.:i'";.ly
with tho Cit:y's tJI)c.::if'icatiol1~ OT o~hcr
r"lq~J :: C!,-~nt:;;
(bj 'r~lC I=n~po!icd scrv:,c'f' i":wu]d be
ah:}I';,(1:~:-:.cd or dC"l:'lycd;
ee) '!'hc l;f""~it ~nt('lrc.:r:tr'~ or the c: i ty
would t..~'! !a'rvcd cl t~,c rcjecticn at the
I=!"OpCJf"C"U pn:fr~i::~ i:):i..l .e:H.:rvicl' .1CJr c.. c.,I,'nt.
(.:I) "l'tlo C1 t Y ... tn.h1(,~r hi ....n:lwr i;.ol.1J t.o
EiCllicit
rc'q .Hl=.t foi
Ie:'
IJrCi~O~u Is
or
q'Jl,t 11 f ic.: ,It ions or to proc:(,~t~d 1 ~ ~:~;C:, nt hc~r
(ag~"don fer l..rofn;:iic.:IMl s;arv,;"c.c'G. ...h("r1("'\'(!or tht;:!
city Ma:ll)I"'r ultar:-,inr,H.i in hi!-.. 0:" t:.~r fiole
di:H.:rct :011 U,J~ t"~.... t,("'ro:t int~h.:Jl.~ of lb' c::ty
wO',"JI.~ hc.' fl.ll}. t:-2r'~'et 1;)' i.tOC.:C!("di"'J In :'u..~~. a
r..U'\ m'" r .
("1) 1\::(JrC'':;3:.on.~': I..:e~rvh:tl (,~:~ntriH'"t~i c[
l'i1t}. rh:::ug,~:I;j I)(llltr.. ($')O,COO.GOj 0::- le=..;~ r.l~'
be ",.al uc..d ~'" i th~~~.t C ~!":/ COIJIl'"':ll If"!-'ro-''cll in
acct:r:' ~ nr:e ',,,,' i tt:. 1 l"':''':I,'_~.. r-c.':.: C'.~t...., b ~ 1 ::~U"~) ni' tne
c i t y fo!:\:'!.l Jr r .
7
(G) Our inq L1n~' per iod or a d(~.:~~~~ [~t .'~e
or lce,),l c~;cr;:p:1~'-~. tt.f' cIty l':.ln,l.)C'r or tno
Director of [I:.crc;cn=-y SC'rviccs 1s d.~.thoriz("IJ to
l:rp] r.'mcnt
suC'h
~H.il.,..t ices,
p:J I 1 :. i ('IIr,
",rod
proccaurc~ for oLt~inin7 pro!esGicn~~ 9C'~Vl~OS
as ~re nccc~~ary to prutc~t the publIc h~dltn,
1Imlflre tlr 1-:3fr:ty witt.Gut other...i.~Q C'oqllylng
wIth thIs Sect ion. :'1" the City M.,\r,.='J( r or ":rle
Dic(..:tor 01 l"r cr'J-u,,:c.y ~;I,'!r\.'im:lr. ~ i:1:'!;::; th..t
c~,Hrpli."j..n('j ".,itl1 t~1i=i ~.t.;tion ""0111:::1 C':lU==-C
unr......-='~:..;,:,.-ll.r (')q,.t.'IHi'~ cr Ur~l.)y. 'l~IQ City ~.II~-l.J~r
or ~)ir:!r;tl;.;[" of (".':OUt :;'~IIt.:"i ...(,H-....ic(~:; ~;I:,):: r:!!Jort
all E'l,,':';:" fLndlr.{"J~" r;,t l rl:=ql..lnr r.lectlnq o~ tl~C'"
City C:>.mc:i 1 no I.lter th~n thir-:-}" pq :1~I)'~i
aftf'r :1.)kJII=) ~!.t' finJinq.
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
items of original equipment manufacturers
8
~~~/or
their
authorized
exclusive
distributors.
(2) Competi ti ve 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 pric~, as was
attained thcouqh th~ f~lcr~l, sta~c or cc~nty
co:"'pct it i...o bid I)r:)(:~dl.rc~~.
(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
are
for
professional
services.
(!~ )
'I'he ....ork
1 i....."'] "'l .!
,
C'Jr~~. I ~:; !.:~
l:f
J:I:lint'=!niH'a:C or cC"p.lir 01 put.lJ ic t;:~.i i..n nJ:.i.
putlic
wo~k~: ,
~.trC'ct.';.,
drcl:: mE' ,
~~wC'r::i,
utilities, [..Hk~- c:r pl.I)''.)r:Jandr;;
(6)
= t(~r:i
t -~
..
l:C"
(Jure.. h 1 .I"j
.n: co
e&irculating library materials,
,<
including
books, periodicals, films, and recordings.
SECTION 6.
Santa Monica Municipal Code Section 2.24.090 is
amended to read as follows:
2.24.090
rnformal purchasinq procedures.
9
(1) Convenience Purchase Orders.
(a)
Individual purchases related to
,
the city's maintenance requirements, amounting
to less than $590.00 $1, ::(.f}. [:" .Iggregate 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
?,.:.{~q,
7.:.'4.,,';"5.
2.24.080 or 2.24.090(1), pl~tl ic: "'c!":o~ pr();~t;st
all purchases of supplies, materials equipment
or contractual servicesiT and all sales of
personal property of the City which has been
obsolete or unusable, or for any other reason
is to be disposed :; I, ....n ich dCO not more than
$15,000.00 S2~.CO~.CO 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.
The Purchasing Agent shall solicit bids by
10
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
competition 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 biddinq procedures.
All purchases of supplies, material,
equipment or contractual services, except
professional services, ~hi~h ~h~ll h~ q~v~rn~d
t..y ~~cct icn
;;t.2':.O'},
and all
sales
~-
......
of
personal property of the City which has become
obsolete or unusable, or
.&_- --..... -..........--
~...,.... -..,z .., ""'......-...
------
-- ----....
is to be disposed of 1"~r iJ.ry ct:u!' rco.,H-U:l, ef.
lI.'h :.ch .. o' more than $15, flQe. flO SF), ~ ~~~). C:l~ 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
11
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.
e~::h p~rchases C~: f:.l:l:pl':'(Ils, :-.oltC:- i.l : ':.~,
l':l.Jipmf:'nt ~r cc.r.~rl.:tl.~l f~C'rvi:;r.~~ "'1~ 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
12
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 - Emerqency purchases.
In case an emergency shall arise which is
so urgent as to preclude action by the City
Council and which requires tl':.l t.'Xf:i'n-:J.t,Ir.:' [)!
f .m'l:" fo:- ~U~ ~~:::-::~.::.:::::: :::;= supplies, materials,
equipment';,
or
contractual
services,
pro!r.!.:siOIl'] :;l'rvi:'c:i, pl~blic Yi't.l-k:.., anJ '-,lh(,."r
City proj~ct~1 cr whrnaVr r ~ r~~olutj?n ~1rr~~d
oJ the Cit~' C.Jlii,C': 1, t.r th(~ I:irc~::c.a. o!
1-. (.'"'J"':c;y :'~r":i.:''''" tl!"':],1rlng tt.c I':K'J:-,"f"':lr:1'" of
a : .1:"'1: I r, ~r'w:-. "j' . the City Manager 0 r t :I(~
circct'Jr of r::o:"~:!Nh,':'r' :-icr..-i...:~.:;, \.Jt" t!lc:.r
a';Jthor i ?,c,.d r('p:-(:~'H.~:1t ~lt i \"G!l, may authorize the
ppurchasing ~gent to secure in the open market
at the best reasonable price, any such
supplies, materials, equipment~: ef contractual
services,!,...,:' r t' ~';.. :11-_1 ~ ";.~.!.\.i..l.~, .L")r .: 'I t-. II C ":' ~
13
fer public works or oth(~r City prajf~..:tti, even
though the amount thereof shall exceed the sum
of $15,000.00 .$25,C~:':.C(I. During d;IY rr'!"i::::.J of
L::Ie tl L::.cr:Gt:r:..:}', It..! c.:.:y ~ Ir~~..!'J'..:r l'r 'the
Dir~ctor ot r~~cgcncy services, or their
rc~rCGcntatlvcs, are f~rthur a~lhorAzcJ to
ncC]otinte
or
cxC'~....tc
such
contracts,
a9rOt~icnts. appl h:at. lC:.;i or othc-r \l,",::l~." Hit s
,.. i th t~ll.;h ct!a'r f f Im"';~ 1 r fi~ .U' r' 0:- : o(:ill
ac:;c:'lC" i ~:i :;r c_ ~lwr CJ I'Ci!. .=; ~':1d c.rqan i &'.il't ... ~r:::- -1 S
al c nc.'cc:,::;o;.!t")' to p!'"~'~ :'.-1,. cr to) CL:t.1 in .- ~:1!."'1 C)c-n;,:y
aid, ~:i:;b;t.mca rJ:'" :'.l"r-vice,:; to lhC' City ot
S~rt~ ~oni~~ dn~ to cQntr~ct fer the ~~~~d.~t~
eXf.lJ:-.d.itt:rc o~. p.hllc t!I:l::1~ t:o E:')':'~'IUd:'":::I ~ :.fe,
health (n'" l:rc.pnrt.~, in.::lut~hlrJ .....lu:1I r:~:"l.'_;:;IIl'"r t:J
prctuct p.lt.li~: hnil.th, '>veU,.r-f. l:'cJ .;il!(.ty to
CX1="n: i tt' r.JI::l c;C"..r.!"ri.h:t~1 t:y ~;h:~rt(~:'l' ntJ ..11
rcquirc..i nctit.:f,! p"l iOll:-; c:r ii.UVirl'J .:c.wpt't itlve
tidriing r~cccJ~~r~
for,
tr.c piJrc:hasC' of
S';J~'p! i E"~~,
r.lltc'r i 1] ,
r.o:;:L.. i pn'r.t ,
C":::'l~ r~h'::":"u~ll
S.::!l'~' i C(~.',
r r';fc'; 1.7')11.:1 1 ::(1 t"'V lC~"; l:nntrd..t.:,
p.Jt;~:.C' ~o:k:,: .!r.J ("t-""rr C.t)" (,[":.~j(,.~~t:.~. In each
such instance, the City Manager or tl.t' :J. rc'.:~cr
of
LJn~rgcn::y :;t," r': j ",-c.~r~
shall submit wit6in
... ~ ................ -:
thirty (~n) d'r~ to the City Council in
writing,
a
full
explanation
of
the
14
circumstances of such emergency which shall
become a part of t.~~ ::.~~t. ::.::.::.~i::.:; il rC<ji.ll.lr
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
15
unconstitutional by a decision of any court of any 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.
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:
'JttiLlS'--}:: ".I~~
MARSHA JONE MOUTRIE
City Attorney
16
CA:f:atty\muni\laws\mtt\purchas4.ord
city Council Meeting 5-10-94
Santa Monica, California
ORDINANCE NUMBER 1743(CC8)
(city Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COONCIL 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 c1ty 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
1
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 lim1ted to, the construction
of public buildings, streets, dra1ns, 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
published at least ten (10)
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:
which shall be
days before the
2
(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 lnterests 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 Counc1l finds that:
than
would
(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
works project; or
(C) Due to urgent necessity,
public health, welfare or safety would
the
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 SerV1ces 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 respons1ble bidder pursuant to this
Chapter, City staff may utilize some or all of
the following criteria, in addition to price:
4
(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 serVlces.
(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, integrity,
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.
Professional
services
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
5
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,
ability, capacity 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 delaYi
(d) The sufficiency of the person's
or firm's financial and other resourcesi
(e) The character, integrity,
reputation and judgment of the person or firmi
(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.
6
(3) The city Council may in its sole
discretion rej ect 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) Profess1onal 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.
7
(6) During any perl.od 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 findl.ng.
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 profess1onal organizations,
meetings, conventions, travel, legal
advertising, public ut1lities, and proprietary
8
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 are for professional
services.
(5)
The
work invol ved cons ists of
repair of public buildings,
streets, drains, sewers,
maintenance or
publ ic works I
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:
9
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 competi ti ve
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.
10
The Purchasing Agent shall solicit bids by
direct mail request to prospective vendors, or
by telephone, and by publ ic 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
competition thereon, and such records shall
also be open to public inspection.
SECTION 7. Santa Monlca Munlclpal 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 ~s 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 ~nsertions, 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
11
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, equ1pment 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
12
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 - Emerqency purchases.
In case an emergency shall ar1se 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 resolut1on 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
13
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 obta1n 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 shorten1ng 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
14
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 lts 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
provislons 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
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
15
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!14.1.)L-~J 7t{ ~
MARSHA JONES~OUTRIE
City Attorney
16
Adopted and approved thIS 10th day of May. 1994
f1 ~~
- /VMayor
I hereby certIfy that the foregomg Ordmance No 1743 (CCS) was duly and regularly
adopted at a meetmg of the City CouncIl on the 10th day of May, 1994. by the followmg
CouncIl vote
Ayes
Councllmembers'
Abdo, Genser. Greenberg, Holbrook. Olsen. Rosenstem.
Vazquez
Noes
CouncIlmembers
None
Abstam CouncIlmembers None
Absent CouncIlmembers: None
ATTEST
//~
// pr'
/ ~~ _ J 1//
:.:;'L-Cl~ 6 /c>},~
City Clerk