O2447City Council Meeting: 11 -26 -13
Santa Monica, California
ORDINANCE NUMBER 2447 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING PORTIONS OF MUNICIPAL CODE CHAPTER 2.24 TO
INCREASE THE THRESHOLD DOLLAR LIMITS FOR CONVENIENCE PURCHASE
ORDERS, FORMAL BIDDING PROCEDURES, AND PROFESSIONAL SERVICES
CONTRACTS APPROVED BY THE CITY MANAGER; ESTABLISH STANDARD
BIDDING PROCEDURES FOR PROFESSIONAL SERVICES CONTRACTS;
DELEGATE CERTAIN AUTHORITY TO THE PURCHASING AGENT; AND
ESTABLISH A STANDARD PROTEST PROCEDURE FOR CERTAIN PURCHASES
WHEREAS, Section 608 of the Charter of the City of Santa Monica (the "City
Charter ") provides that the City of Santa Monica (the "City ") shall, by ordinance, adopt
procedures and requirements for the purchase of supplies and equipment, for the
provision of professional services, and for the award of bids for public works projects;
and
WHEREAS, Section 608 of the City Charter further provides that such ordinance
should preserve public'confidence in the integrity and openness of the City's contracting
process, protect public funds, and insure that the City obtains materials or service of
appropriate quality; and
WHEREAS, Section 1507 of the City Charter provides that the City shall have a
centralized purchasing system for all City departments and agencies, under the control
of the City Manager, who shall recommend to and the City Council shall consider and
adopt by ordinance, rules and regulations governing the contracting for purchasing,
storing and distribution of all supplies, materials and equipment required by an office,
department or agency of the City; and
WHEREAS, Section 1507 of the City Charter further establishes certain non-
exclusive powers and requirements of the Purchasing Agent; and
WHEREAS, Section 1508 of the City Charter provides that before making any
purchase of, or contract for, supplies, materials or equipment, the Purchasing Agent
shall give ample opportunity for competitive bidding, under such rules and regulations
and with such exceptions as the City Council may prescribe by ordinance; and
WHEREAS, on November 3, 1993, City voters approved Proposition S,
amending Section 608 of the City Charter and increasing the dollar limit threshold for
professional services contracts approved by the City Manager to $50,000, subject to
future Consumer Price Index ( "CPI ") adjustments; and
WHEREAS, in accordance with the provisions of Sections 608, 1507 and 1508 of
the City Charter, the City Council of the City of Santa Monica (the "City Council ") has, by
ordinance, established a purchasing system as set forth in Chapter 2.24 of the Santa
Monica Municipal Code ( "Chapter 2.24 "); and
WHEREAS, the City desires to strengthen its purchasing system by enhancing
efficiency and cost - effectiveness; and
WHEREAS, such increased efficiency and cost - effectiveness can be achieved by
reducing the amount of time and administrative expense necessary to obtain goods and
services; and
WHEREAS, such increased efficiency and cost - effectiveness would also result in
improved productivity, quality, reduced costs and increased customer service; and
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WHEREAS, in the interest of furthering efficiency and cost - effectiveness in the
City's purchasing system, the City desires to amend Chapter 2.24 increase the dollar
limit threshold for convenience purchase orders to $10,000; and
WHEREAS, the City further desires to increase efficiency and cost - effectiveness
by amending Chapter 2.24 to increase the dollar limit thresholds for formal bidding
procedures to $175,000, an amount in line with State practice as well as many charter
cities throughout the State; and
WHEREAS, such an increase will benefit the community by enabling staff to
obtain equipment and other resources needed in a more timely and efficient manner as
well as allowing staff to devote more time and energy to those citywide purchases that
exceed $175,000, thereby realizing greater cost savings where the cost savings
potential is the greatest; and
WHEREAS, the City also desires to amend Chapter 2.24 to increase the dollar
limit threshold for award of professional services contracts by the City Manager to
$80,000, consistent with the cumulative percentage increase in CPI as allowed under
Proposition S; and
WHEREAS, such an increase promotes the intent of the City Charter as well as
Proposition S by increasing the efficiency of the delivery of City services to the
community; and
WHEREAS, the City also desires to establish standard bidding procedures for
professional services contracts in order to strengthen the City's centralized purchasing
system and advance the goals of Section 608 of the City Charter by preserving public
confidence in the integrity and openness of the City's professional services contracting
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process and insuring that the City obtains professional services of appropriate quality;
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WHEREAS, the City desires to, further strengthen the City's centralized
purchasing system as contemplated under Section 1507 of the City Charter by
delegating certain additional authority to the Purchasing Agent; and
WHEREAS, in order to enhance transparency and fairness in, and preserve
public confidence in the integrity and openness of the City's contracting process, the
City desires to adopt a standard protest procedure for certain City purchases; and
WHEREAS, the City wishes to make additional minor changes to Chapter 2.24 to
reflect current and proposed procurement practices.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.24.040 of the Santa Monica Municipal Code is hereby
amended to read as follows:
2.24.040 Additional powers of Purchasing Agent.
In addition to the above enumerated powers, the Purchasing Agent shall have
the power to:
(a) Contract for all public utility services and all other contractual services,
such as towel and cleaning services;
(b) Negotiate all leases for grounds, buildings, office, or other space required
by any agency of the City government;
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(c) Contract for the rental, repair or maintenance of equipment, machinery,
and city -owned personal property;
(d) Negotiate the leasing by any agency of the City, of any personal property
to be leased by or from said City;
(e) Declare supplies, materials or equipment as surplus, obsolete or unused
and transfer same to or between offices, departments or agencies of the City;
(f) Sell by bid, auction, negotiated sale, donation, trade -in or exchange,
surplus, obsolete, or unused supplies, materials or equipment valued at less than ten
thousand dollars.
SECTION 2. Section 2.24.071 of the Santa Monica Municipal Code is hereby
amended to read as follows:
2.24.071 Public works contracts.
(a) Every contract involving an expenditure of more than one - hundred
seventy -five thousand dollars for public works projects including, but not limited to, the
construction of public buildings, streets, drains, sewers, utilities and parks shall be let to
the best bidder after publication of a notice inviting bids therefor. The publication shall
be in a newspaper of general circulation in the City of Santa Monica, by two or more
insertions, the first of which shall be published at least ten days before the time for
opening bids. All notices inviting bids issued under this subsection (a) shall also be
posted on the City's online vendor portal website.
(b) Public works contracts of one - hundred seventy -five thousand dollars or
less may be let to contract by informal purchasing procedures as set forth in Section
2.24.090(b).
(c) For public works projects estimated to exceed one million dollars in cost or
for public works projects with unique or complex characteristics, the City Manager may
authorize a phased selection process for determining the best bidder if the
characteristics of the project, including, but not limited to its size, complexity,
uniqueness or potential impact on 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 criteria 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 best 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 criteria. The City Manager is authorized 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;
(4) The bids are higher than anticipated and a new call for bids would result in
savings to the City;
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(5) The best interests of the City would be served by a rejection of any or 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 of this Section were followed.
(f) During any period of declared state of local emergency, the City Manager,
the Emergency Services Manager, or the Purchasing Agent 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 Emergency
Services Manager finds that complying with this Section would cause unnecessary
expense or delay. The City Manager shall report all such findings at a regular meeting
of the City Council no later than thirty days after the finding is made.
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SECTION 3. Section 2.24.073 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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 eighty 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;
(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 contracts whenever in the opinion of the City Council:
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(1) The contract 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 services contract.
(d) 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.
(e) Professional services contracts of eighty thousand dollars or less may be
awarded without City Council approval in accordance with the procedures established
by Section 2.24.074. Professional services 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, the Emergency Services Manager, or the Purchasing Agent is authorized to
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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 Emergency Services Manager
finds that complying with this Section would cause unnecessary expense or delay. The
City Manager shall report such findings at a regular meeting of the City Council no later
than thirty days after the finding is made.
SECTION 4. Section 2.24.074 of the Santa Monica Municipal Code is hereby
added to read as follows:
Section 2.24.074 Informal professional services contract procedures.
(a) Under ten thousand dollars.
(1) Professional services contracts of ten thousand dollars or less are
exempted from competitive bid requirements and may be awarded by the City Manager
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
Section 2.24.073. The City Manager may delegate his or her authority to award under
this subsection to the Purchasing Agent with respect to any particular contract or
contracts.
(2) In the event that the savings potential clearly does not justify awarding a
contract under this subsection (a), open market requests- for - proposals procedures shall
be followed.
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(b) Open market requests- for - proposals.
(1) All professional services contracts of less than eighty thousand dollars in
amount shall be made in the open market as requests- for - proposals, without the
requirement of formal newspaper advertising.
(2) All open market requests- for - proposals shall be based upon the
solicitation of not less than three competitive proposals and shall be awarded to the best
qualified person or firm.
(3) The Purchasing Agent shall solicit proposals from prospective vendors by
direct mail or electronic mail, or by telephone, and also by public notice on the bulletin
board in the Purchasing Department. The Purchasing Agent shall keep records of all
open market requests- for - proposals and the proposals submitted in competition
thereon, and such records shall also be open to public inspection.
(c) (1) Notwithstanding any other provisions of this Section, prior to awarding a
contract, the Purchasing Agent shall provide a one and one half percent price
preference to all City businesses submitting a proposal upon which will be levied a State
of California sales tax. The Purchasing Agent shall administer the bidding preference
so that proposal amounts received from City businesses are reduced by one and one
half percent to determine the rank order of the proposals in the selection process. If
after the one and one half percent preference is applied, a City business has submitted
a proposal which is equal to or lower than all other proposals, the City Manager shall
award the contract to the City business so long it is otherwise the best qualified person
or firm.
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(2) For purposes of this provision, a City business shall be a business
licensed by the City of Santa Monica to conduct business in the City and which shall
have an actual place of business within the City and not just a mailing address.
SECTION 5. Section 2.24.075 of the Santa Monica Municipal Code is hereby
added to read as follows:
2.24.075 Formal professional services contract procedures.
(a) All professional services contracts of more than eighty thousand dollars
shall be awarded to the best qualified person or firm after publication of requests -for-
proposals therefor. The publication shall be in a newspaper of general circulation in the
City of Santa Monica by two or more insertions, the first of which shall be at least ten
days before the time for opening said proposals. All requests- for - proposals issued
under this subsection (a) shall also be posted on the City's online vendor portal website.
At the time specified in the request- for - proposals, such proposals shall be received and
declared publicly. The Purchasing Agent shall record all proposals 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
proposals presented and may re- advertise in its discretion.
(b) After rejecting proposals, or if no proposals are received, the City Council
may adopt a resolution by at least five affirmative votes declaring and determining that,
in its opinion, the professional services may be purchased under more favorable
circumstances in the open market. The professional services may then be purchased in
the manner stated in Section 2.24.074(b) without further observance of the provisions of
this Section.
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(c) Purchases of professional services may be made without advertising for
proposals if the purchase of such professional services shall be deemed by the City
Council to be of urgent necessity for the preservation of life, health or property and shall
be authorized by at least five affirmative votes.
(d) (1) Notwithstanding any other provisions of this Section, prior to awarding a
contract, the Purchasing Agent shall provide a one and one half percent price
preference to all City businesses submitting a proposal upon which will be levied a State
of California sales tax. The Purchasing Agent shall administer the bidding preference
so that proposal amounts received from City businesses are reduced by one and one
half percent to determine the rank order of the proposals in the selection process. If,
after the one and one half percent preference is applied, a City business has submitted
a proposal which is equal to or lower than all other proposals, the City Council shall
award the contract to the City business so long it is otherwise the best qualified person
or firm.
(2) For purposes of this provision, a City business shall be a business
licensed by the City of Santa Monica to conduct business in the City and which shall
have an actual place of business within the City and not just a mailing address.
SECTION 6. Section 2.24.080 of the Santa Monica Municipal Code is hereby
amended to read as follows:
2.24.080 Exceptions to competitive bidding.
The competitive bid procedure is not applicable in those instances where:
(a) Competition does not exist, such as membership in professional
organizations, meetings, conventions, travel, legal advertising, public utilities, and
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proprietary items of original equipment manufacturers and /or their authorized exclusive
distributors;
(b) Competitive bid procedures have already been utilized, such as in
purchasing from Federal, State, County, City or special district government agencies, or
from cooperative purchasing agencies consisting of such agencies, and these materials
and services are supplied to the City at the same or better price, as was obtained
through competitive bid procedures of Federal, State, County, City or special district
government agencies, or cooperative purchasing agencies consisting of such agencies;
(c) Items for purchase are for resale to the public, such as but not limited to
the Civic Auditorium snack bar or cemetery services or products;
(d) Competition does not exist because only one vendor possesses the
unique ability or capability to meet the particular requirements of the solicitation, such as
a good or service that is copyrighted, patented or otherwise only available from one
license holder;
(e) The work involved consists of maintenance or repair of public buildings,
public works, streets, drains, sewers, utilities, parks or playgrounds by City employees;
(f) Items to be purchased are circulating library materials, including books,
periodicals, films, and recordings.
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SECTION 7. Section 2.24.090 of the Santa Monica Municipal Code is hereby
amended to read as follows:
2.24.090 Informal purchasing procedures.
(a) Convenience Purchase Orders.
(1) Individual purchases related to the City's maintenance requirements,
amounting to less than ten thousand dollars aggregate amount per purchase order are
exempted from competitive bid requirements;
(2) In the event that the savings potential clearly does not justify this
exemption, open market request- for - quotation procedures shall be followed.
(b) Open Market Orders.
(1) Except as provided in Sections 2.24.040, 2.24.071, 2.24.073, 2.24.074,
2.24.075, 2.24.080 or 2.24.090, 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 one - hundred seventy -five thousand dollars in amount, shall be
made in the open market, without the requirement of formal newspaper advertising.
(2) All open market purchases shall be based upon the solicitation of not less
than three competitive bids and shall be awarded to the best bidder.
(3) The Purchasing Agent shall solicit bids from prospective vendors by direct
mail or electronic mail request, or by telephone, and also by public notice on the bulletin
board in the Purchasing Department. The Purchasing Agent shall keep records of all
open market orders and the bids submitted in competition thereon, and such records
shall be open to public inspection.
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(c) (1) Notwithstanding any other provisions of this Section, prior to awarding a
contract the Purchasing Agent shall provide a one and one half percent price preference
to all City businesses submitting open market order bids upon which will be levied a
State of California sales tax. The Purchasing Agent shall administer the bidding
preference so that the bid amounts received from City businesses are reduced by one
and one half percent to determine the rank order of the bids in the selection process. If
after the one and one half percent preference is applied, a City business has submitted
a bid which is equal to or is lower than all other bids, the Purchasing Agent shall award
the contract to the City business so long as it is otherwise the best bidder.
(2) For purposes of this provision, a City business shall be a business
licensed by the City of Santa Monica to conduct business in the City and which shall
have an actual place of business within the City and not just a mailing address.
SECTION 8. Section 2.24.100 of the Santa Monica Municipal Code is hereby
amended to read as follows:
2.24.100 Formal bidding procedures.
(a) Except as otherwise provided, all purchases of supplies, material,
equipment or contractual services, other than professional services, which shall be
governed by Sections 2.24.073, 2.24.074 and 2.24.075, and all sales of personal
property of the City which has become obsolete or unusable, or is to be disposed of for
any other reason, of more than one - hundred seventy -five thousand dollars, shall be
made to the best bidder after publication of notices inviting bids therefor. The
publication shall be in a newspaper of general circulation in the City of Santa Monica, by
two or more insertions the first of which shall be at least ten days before the time for
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opening said bids. All notices inviting bids issued under this subsection (a) shall also be
posted on the City's online vendor portal website. At the time specified in the notice
inviting bids, such 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.
(b) After rejecting bids, or if no bids are received, the City Council may adopt
a resolution by at least five affirmative votes declaring and determining that, in its
opinion, the supplies, materials, equipment or contractual services may be purchased
under more favorable circumstances in the open market. Such supplies, materials,
equipment or contractual services may then be purchased in the manner stated in
Section 2.24.090(b) without further observance of the provisions of this Section.
(c) 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 preservation of life, health or property and shall be authorized by at
least five affirmative votes.
(d) (1) Notwithstanding any other provisions of this Section, prior to awarding a
contract the Purchasing Agent shall award a one and one half percent price preference
when determining the best bid to all City businesses submitting formal bids upon which
will be levied a State of California sales tax. The Purchasing Agent shall administer the
bidding preference so that bid amounts received from City businesses are reduced by
one and one half percent to determine the rank order of the bids in the selection
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process. If, after the one and one half percent preference is applied, a City business
has submitted a bid which is equal to or lower than all other bids, the City Council shall
award the contract to the City business so long as it is otherwise the best bidder.
(2) For purposes of this provision, a City business shall be a business
licensed by the City of Santa Monica to conduct business in the City and which shall
have an actual place of business within the City and not just a mailing address.
SECTION 9. Section 2.24.105 of the Santa Monica Municipal Code is hereby
added to read as follows:
Section 2.24.105 Protest procedure.
(a) Any bidder or proposer submitting a bid or proposal under Sections
2.24.073, 2.24.074, 2.24.075, or 2.24.100, or any bidder submitting a bid under
2.24.090 that is not for a public works project, may file a written protest with the
Purchasing Agent no more than seven calendar days following the posting of award
recommendation on the City's online vendor portal website. The protest must include
the name, address and telephone number of the protestor and /or the person
representing the protesting party. The written protest must set forth, in detail, all
grounds for the protest, including, without limitation, all facts, supporting documentation,
legal authorities and arguments in support of the grounds for the protest. All factual
contentions must be supported by evidence. Any matters not set forth in the written
protest shall be deemed waived. Any protest not conforming to the requirements of this
Section may be rejected as invalid.
(b) The Purchasing Agent shall review the merits and timeliness of the protest
and issue a written decision to the protestant within ten calendar days of receipt of the
protest.
(c) Any protestant may appeal the decision of the Purchasing Agent to the
Finance Director by filing a letter of appeal within seven calendar days of the date of the
Purchasing Agent's decision. The appeal must include the name, address, and
telephone number of the appellant and /or the person representing the appealing party.
The letter of appeal shall include the original protest and any additional supporting
information, including, without limitation, all facts, supporting documentation, legal
authorities and arguments in support of the grounds for the appeal. All factual
contentions must be supported by evidence. Any matters not set forth in the letter of
appeal shall be deemed waived. Any letter of appeal not conforming to the
requirements of this Section may be rejected as invalid.
(d) The Finance Director shall review the merits and timeliness of the letter of
appeal and issue a written decision to the appellant within ten calendar days of receipt
of the letter of appeal.
(e) The Finance Director shall have final authority to sustain or deny a protest.
The Finance Director's decision shall constitute the City's final determination on the
protest.
(f) Once a protest has been filed with the Purchasing Agent, no contract shall
be awarded until the Purchasing Agent has issued his or her decision on the protest, or
if the Purchasing Agent's decision is appealed, the Finance Director has issued his or
her final determination.
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(g) For bids or proposals awarded under Sections 2.24.075 and 2.24.100, the
Director of Finance shall, at the time the bids and /or proposals are presented to the City
Council for award, submit to the City Council a written report on the protest, including
the Purchasing Agent's decision, or, if the Purchasing Agent's decision is appealed, the
Finance Director's final decision on the protest.
SECTION 10. Section 2.24.120 of the Santa Monica Municipal Code is hereby
amended to read as follows:
2.24.120 Emergency purchases.
In case an emergency shall arise 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 resolution is adopted by the City Council, or the Emergency
Services Manager, declaring the existence of a local emergency, the City Manager, the
Emergency Services Manager, the Purchasing Agent or their representatives are
authorized 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 projects, even though the amount thereof shall exceed
one - hundred seventy -five thousand dollars. During any period of local emergency, the
City Manager, the Emergency Services Manager, the Purchasing Agent 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 obtain
emergency aid, assistance or services to the City of Santa Monica and to contract for
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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 shortening 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 shall submit within thirty days to the City Council in writing, a full explanation of
the circumstances of such emergency which shall become a part of a regular meeting of
the City Council and shall be open to public inspection.
SECTION 11. Section 2.24.150 of the Santa Monica Municipal Code is hereby
amended to read as follows:
2.24.150 Forwarding of purchase order.
The Purchasing Agent shall forward the original purchase order to the vendor or
contractor, retaining one copy for his or her numerical purchase order file. The
Purchasing Agent shall likewise forward one copy of the purchase order to the City
department or agency for whose benefit the purchase is being made.
SECTION 12. Section 2.24.160 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Section 2.24.160 Receipt of goods; request for payment.
Upon receipt by any City department or agency of supplies, materials and
equipment, the department or agency shall be responsible for the making of a careful
check of the quality, condition and the quantity received as against its copy of the
purchase order and the packing lists. If all of the supplies, materials and equipment
referred to in a purchase order have been received, the department or agency shall fill
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out a payment request form, attaching thereto the packing lists, if any, and return the
same to Accounts Payable for payment.
If delivery represents only a partial delivery of supplies, materials and equipment,
the department or agency receiving same shall set forth on the payment request form
only the items actually received. Subsequent deliveries on the same purchase order
shall be reported on a supplementary payment request form showing the original
purchase order number.
The Purchasing Agent shall inspect or supervise the inspection of all deliveries of
supplies, materials, equipment or contractual services to determine their conformance
with the specifications set forth or referred to in the purchase order or contract.
The Purchasing Agent shall have authority to require chemical and physical tests
of samples submitted with bids and samples of deliveries with are necessary in his or
her opinion to determine their quality and conformance with the specifications.
SECTION 13. Section 2.24.170 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Section 2.24.170 Review of invoice.
The City department or agency receiving a purchase, upon receipt of vendor's
invoice, shall compare the same with the copy of the purchase order. The department
or agency shall check the invoice for correctness of unit prices, discounts, transportation
allowances, etc.
SECTION 14. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 15. 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.
SECTION 16. 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.
become effective 30 days from its adoption.
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23
This Ordinance shall
Approved and adopted this 26th day of November, 2013.
am O'Connor, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2447 (CCS) had its introduction on November 12,
2013, and was adopted at the Santa Monica City Council meeting held on
November 26, 2013, by the following vote:
Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez
Mayor O'Connor
Noes: Councilmembers: None
Absent: Councilmembers: Winterer
Mayor Pro Tem O'Day
A summary of Ordinance No. 2447 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Sarah P. Gorman, City Clerk