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SR-11-12-2013-7CID tmm City of City Council Santa Monica' To: Mayor and City Council From: Gigi Decavalles- Hughes, Director of Finance Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 2.24, Purchasing System Recommended ,fiction This report recommends that the City Council introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 2.24 to: 1) Increase the dollar limit for convenience purchase orders to $10,000; 2) Increase the dollar limit for formal bidding procedures to $175,000; 3) Change the wording of certain sections to reflect current purchasing practices; and 4) Increase the dollar limit threshold for approval of professional services agreements by the City Manager to $80,000. Executive Summary The changes to the convenience purchase orders and formal bid limits that are recommended in this report would significantly streamline the procurement process for small construction project contracts, vehicle purchases, and material /supply purchases. Competitive procurement procedures would continue to be followed. Staff would solicit three or more informal bids for purchases below $175,000, as they do now for purchases below $100,000. Pursuant to the City Charter, Section 608, the City Council may, by ordinance, increase the dollar threshold for approval of professional services agreements by an amount no greater than the cumulative percentage increase in the Consumer Price Index, provided that such adjustment shall occur only once in any five -year period. The dollar threshold was increased to $70,000 on May 22 2007. Staff recommends that the threshold be increased, pursuant to the attached Ordinance, to $80,000. There is no budget impact associated with this report. 1 Background The City's procurement process is administered by the Purchasing Manager in compliance with Santa Monica Charter Sections 608, 1507 and 1508, Santa Monica Municipal Code Chapter 2.24, and internally administered policies and procedures. Santa Monica Charter Section 1507 specifies duties of the Purchasing Agent, duties that are assigned to the Purchasing Manager, as the following: (a) Establish and enforce specifications with respect to supplies, materials, and equipment required by the City government; (b) Supervise the inspection of all deliveries and determine conformance with specifications; (c) Have charge of such general storerooms and warehouses as are established by the City Council; and (d) Sell or transfer to or between offices, departments or agencies, surplus, obsolete, or unused supplies, materials or equipment. All ordinances, policies and procedures are adopted and implemented to facilitate these duties; ensure the fair, competitive procurement of goods and services; ensure transparency in the procurement process; and ensure that goods and services are procured in a manner that assures the most efficient and effective delivery of goods and services. The most recent significant changes to the City's current procurement process was adopted by Council on January 9 22001. At that time, Council adopted an ordinance that increased the dollar limit threshold for formal bidding procedures from $25,000 to $100,000, increased the dollar limit threshold for professional services contracts from $50,000 to $55,000, increased the dollar limit for convenience purchase orders from $1,000 to $5,000, changed the wording of certain sections to reflect current purchasing practices, and clarified the selection criteria by implementing the "best bidder" criteria. 2 Since 2001, Council has incrementally increased the dollar limit threshold for formal procurement of professional services as provided for in Santa Monica Charter Section 608. The limit can be adjusted once every five years in an amount equal to the Consumer Price Index (CPI). The most recent adjustment was to $70,000 on Ma 22 2007. In 2012, an interdepartmental team of City staff reviewed business systems associated with core business activities in the City. Staff recommended establishing guidelines, and centralizing and standardizing the process for procuring services. Increasing the dollar limit for convenience purchase orders to $10,000 would streamline the process for individual purchases related to the City's maintenance requirements for projects and make them exempt from competitive bid requirements. During the services procurement process review, staff noted an opportunity to reduce the administrative work related to Council approval of services by increasing the dollar threshold for formal bidding procedures to $175,000, and by increasing the dollar threshold of professional services agreements requiring Council approval from $70,000 to $80,000, as is allowed by the City Charter. Discussion The City's procurement process would be strengthened by following the best practices that the State of California has successfully adopted, such as increasing dollar thresholds and formalized protest procedures. The procurement of goods and services is one of the key staff activities that impacts quality and timeliness related to the delivery of goods and services. Increased efficiency and cost - effectiveness can be achieved by reducing the amount of time and administrative expense necessary to obtain those goods and services. It would result in improved productivity, quality, reduced costs and increased customer service. Dollar Limits The proposed ordinance would update the various dollar limit thresholds implemented in 2001 to increase the efficiency and effectiveness to deliver goods and services. 3 Formal Bidding & Public Works Contracts On January 9 2001, the Santa Monica City Council adopted Ordinance 1998 (CCS) raising the limit for formal bidding procedures to $100,000 for the purchases of goods and services, matching the then current California Public Contract Code (Section 22032). Since that time, the California Public Contract Code has recognized the benefits of a higher limit by raising its threshold for formal bidding procedures to $175,000 for general law cities. Many California charter cities, including Ventura, Thousand Oaks, and Costa Mesa, have significantly increased their formal bidding threshold in the past few years. The proposed increase in Santa Monica's formal bidding threshold from $100,000 to $175,000 would benefit the community by enabling staff to obtain equipment and other resources needed in a more timely and efficient manner. This change would also enable procurement 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. Professional Services On November 3, 1993 Santa Monica voters approved Proposition S, amending Section 608 of the City Charter, and increased the dollar limit for formal bidding procedures for professional services contracts to $50,000, subject to future Consumer Price Index (CPI) adjustments. Professional services contain an element of specialized expertise, training in a professional field, or other developed skills such as an auditor, attorney, doctor, architect, engineer, land surveyor, construction project manager, appraiser, expert, or consultant. The City Council may, by ordinance, increase the dollar threshold for approval of professional services agreements by an amount no greater than the cumulative percentage increase in the Consumer Price Index, provided that such adjustment shall occur only once in any five -year period. The dollar threshold was increased to $70,000 on May 22, 2007. Staff recommends increasing the dollar limit for professional services contracts to $80,000, consistent with the cumulative percentage El increase in the Consumer Price Index. This change conforms to Section 608 of the City Charter and furthers the intent of Proposition "S" by increasing the efficiency of the delivery of City services to the community. Convenience Purchases Convenience purchases are exempted from completing a competitive process and can be initiated and approved at the department level. The limit for these purchases was increased on January 9 2001. The proposed ordinance would increase the limit for convenience purchases to $10,000. Summary of Additional Proposed Changes The following are changes to sections of the Code and reflect proposed procurement practices and procedures: 1) Section 2.24.040 Additional Power of Purchasing Agent (e) The proposed ordinance gives the authority to the Purchasing Agent to declare, dispose, sell or transfer to or between offices, departments or agencies, surplus, obsolete or unused supplies, materials or equipment by bid, auction, negotiated sale, trade -in or exchange; (f) The proposed ordinance gives the Purchasing Agent authority to sell by bid, auction, negotiated sale, donation, trade -in or exchange, surplus, obsolete, or unused supplies, materials or equipment valued at under $10,000. 2) Section 2.24.070 Public Works Contracts (a) Requires that all notices inviting bids for public works contracts be posted on the City's online vendor portal website in addition to publication in a newspaper of general circulation within the City. (f) Currently allows the City Manager or the Manager of the Office of Emergency Management to secure on the open market at the best reasonable price, a public works contract upon a finding by either the City Manager or the Emergency Services Manager that complying with 5 competitive bidding would cause unnecessary expense or delay in the event of a declared state or local emergency. The proposed ordinance maintains the authority of the City Manager and the Emergency Services Manager, but delegates to the Purchasing Agent the authority to procure such contracts when such a finding is made. 3) Section 2.24.073 Professional Services Contracts (g) Allows the City Manager or the Emergency Services Manager to secure on the open market at the best reasonable price, any professional services or contracts upon a finding by either the City Manager or the Emergency Services Manager that complying with competitive bidding would cause unnecessary expense or delay in the event of a declared state or local emergency. The proposed ordinance maintains the authority of the City Manager and the Emergency Services Manager, but delegates to the Purchasing Agent the authority to secure professional services when such a finding is made. 4) New Section 2.24.074 Informal Professional Services Contracts Adds a process for a competitive request for proposal, written or verbal quotations for professional services which contain an element of specialized expertise, training in a professional field, or other developed skills which are not required to meet the formal bidding requirements. 5) New Section 2.24.075 Formal Professional Services Contracts Adds a process for a competitive request for proposal, written or verbal quotations for professional services which contain an element of specialized expertise, training in a professional field, or other developed skills which are required to meet the formal bidding requirements. 6) Section 2.24.080 Exceptions to Competitive Bidding The proposed ordinance deletes the exception for professional services contracts, and adds two exceptions as follows: 0 (c) Currently, this provision excludes items that are purchased for resale to the public. The proposed ordinance includes services that are purchased for resale to the public. (d) Creates an exception for a situation created due to the inability to obtain competition may result because only one vendor or supplier possesses the unique ability or capability to meet the particular requirements of the solicitation; good and /or service is copyrighted, patented or otherwise only available from license holder. 7) Section 2.24.090 Informal Bidding Procedures (c) (1) Increases the local vendor preference to 1.5% to match the portion of the sales tax remitted to the City to reflect the increase in sales and use tax resulting from the passage of Measure Y. 8) Section 2.24.100 Formal Bidding Procedures (a) Requires that all notices inviting formal bids be posted on the City's online vendor portal website in addition to publication in a newspaper of general circulation within the City. (c) Strikes certain inconsistent language related to City Council waiver of bidding procedures in the event of urgent necessity. (d) (1) Increases the local vendor preference to 1.5% to match the portion of the sales tax remitted to the City to reflect the increase in sales and use tax resulting from the passage of Measure Y. 9) New Section 2.24.105 Protest Procedures Specifies a process for a challenge to the award or proposed award of a contract for procurement of goods and /or services or a challenge to the terms of a solicitation for such a contract. 10)Section 2.24.120 Emergency Purchases Currently allows the City Manager or the Emergency Services Manager to secure on the open market at the best reasonable price, any such supplies, materials, equipment, contractual services, professional services or contracts for public works or any other city projects in emergency situations. The 7 proposed ordinance maintains the authority of the City Manager and the Emergency Services Manager, and delegates to the Purchasing Agent the authority to perform these services. 11)Section 2.24.150 Forwarding of Purchase Order The proposed ordinance changes the wording of the section to reflect current procurement practices, eliminating certification of Purchase Orders by the City Controller. 12)Section 2.24.160 Receipt of Goods The proposed ordinance changes the wording of the section to reflect current procurement practices and which staff person performs various duties. 13)Section 2.24.170 Review of Invoice The proposed ordinance changes the wording of the section to reflect current procurement practices, clarifying that departments receiving the good or service review and approve payment of the invoice. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future. Prepared by: Araceli Esparza, Purchasing Services Manager Approved: ODecav Gig i alles -HO es Director of Finance Attachments: A. Ordinance tt Forwarded to Council: Rod Gould City Manager City Council Meeting: 11 -12 -13 Santa Monica, California ORDINANCE NUMBER (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; iTT 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, 1 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 E 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 KI process and insuring that the City obtains professional services of appropriate quality; "1 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; 12 (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 notiGe by 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 —+t 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; 0 (5) The best interests of the City would be served by a rejection of any or all .. (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. During any period of declared state of local emergency, the City Manager, or the - Director -ef 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 Direster of Emergency Services Manager finds that complying with this Section would cause unnecessary expense or delay. The City Manager or Director of Emer,° ^c, Services shall report all such findings at a regular meeting of the City Council no later than thirty days after+wakir;g the finding is made. 0 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-seve4* 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 agreo,;, contracts whenever in the opinion of the City Council: 0 (1) The agrees =; t 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 service services agreement 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 service services contracts of °ty eighty thousand dollars or less may be awarded without City Council approval in accordance with the procedures established by Section 2.24.074.E 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 serv'iGe 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. E (g) During any period of a declared state of local emergency, the City Manager,-or the Director of Emergency Services Manager, or the Purchasing Agent 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- -e# Emergency Services Manager finds that complying with this Section would cause unnecessary expense or delay. The City Manager or D;reGteF of ErnergenGy SeFViGes shall report such findings at a regular meeting of the City Council no later than thirty days after making 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 Purchasinq 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. iG7 (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 Purchasinq Agent shall solicit proposals from prospective vendors by direct mail,or electronic mail, or bV telephone and also bV 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 anV 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 bV 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. 11 (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 reiect 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 declarinq 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. 12 (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 lust 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 13 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- plat-mar k4g 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. Wj 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 -five 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, wherever posse ' °, shall be based upon the solicitation of not less than three competitive bids and shall be awarded to the person nrrsatr.Lemerr*a (3) The Purchasing Agent shall solicit bids from prospective vendors by direct mail or electronic mail request to prospective vendors, or by telephone, and also by public notice on the bulletin board in the Purchasing Department. The Purchasing 15 Agent shall keep -a -- record records of all open market orders and the bids 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 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 — solely 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 — lowest respenslble -and 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 -a an actual place of business within the City other than a pe&t4ffiGe_qqd not lust a mailing -box 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— Section 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 iR 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, ^f RGtiGG° inviting bids therefeFe the first of which shall be at least ten days before the time for 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 declare declaring and deteFmi;e determining 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 adeption of a resolution to this e#eGt by at least five affirmative votes, i may prGGeed to have such 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 17 least five affirmative votes, or it shall be determined by such vote of the Gity Council that to advertise for bids would be to no avail and would cause 6IRneGessary expense delay. (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 sole! 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 lower than all other bids, the Purchasing Agent 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 -a an actual place of business within the City other than a Pest office and not iust a mailing-box 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 in Purchasing Agent no more than seven calendar days followinq 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 Purchasinq 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. 19 (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. (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 Cit 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 n'�,.eGter ef Emergency Services Manager, declaring the existence of a local emergency, the City 20 Manager,--G�r the DiGtor of Emergency Services Manager, the Purchasing Agent or their +�t„o;TZea representatives may then the D rGhasin gent 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,-Of the Diree#er -e# 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 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 or the DireGter „f €4nergeriGy Services 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. 21 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,,or the City Contro4er-, to the vendor or contractor, retaining one copy for his or her numerical purchase order file. —He The Purchasing Agent shall likewise forward one copy of the purchase order and the reGeiving report 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 - -head or agency shall be responsible for the making of a careful check of the quality, condition and the quantity received as against his --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 head or agency shall fill out the reGeivi ^^ F^^^ * a payment request form, attaching thereto the packing lists, if any, and return the same to the City Controller Accounts Payable for payment. If delivery represents only a partial delivery of supplies, materials and equipment, the department -head or agency receiving same shall set forth on thepon payment request form only the items actually received. Subsequent deliveries on the WA same purchase order shall be reported on a supplementary receiving per 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 Controller department or agency receiving a purchase, upon receipt of vendor's invoice, shall compare the same with the copy of the purchase order and the eaaim. -44e 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 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 23 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. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 24