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O25881 City Council Meeting: October 9, 2018 Santa Monica, California ORDINANCE NUMBER 2588 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTION 2.24.071 OF THE SANTA MONICA MUNICIPAL CODE TO AUTHORIZE AS-NEEDED SERVICES AGREEMENTS FOR PUBLIC WORKS PROJECTS WHEREAS, existing local law requires that every contract involving an expenditure of more than $175,000 for public works projects be competitively bid and presented to the City Council of the City of Santa Monica (“City”) for approval of the contract award prior to project commencement; and WHEREAS, this bid award process takes twenty to twenty-seven weeks depending on the complexity of the project ; and WHEREAS, in addition to extending the project completion timeline, this lengthy procurement process burdens staffing resources; and WHEREAS, amending local procurement laws to authorize an alternate contracting method to allow the City to select prequalified contractors to be awarded as- needed services agreements will expedite project commencement, streamline the hiring process, protect against escalation costs and reduce staff time spent on procurement. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Chapter 2.24.071 is hereby amended, 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 3 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; (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 4 (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. (g) Notwithstanding any other provision in this Chapter, the City may, in its discretion and when deemed to be in the best interest of the City, obtain construction, maintenance, or repair services pursuant to as-needed services agreements in accordance with the following terms and procedures: (1) The City shall solicit, review and evaluate the qualifications of prospective contractors for as-needed services agreements in accordance with rules and regulations established by the Director; (2) The Director shall pre-qualify contractors for as-needed service agreements; (3) The Council may award as-needed services agreements to prequalified contractors, in amounts not to exceed $5,000,000 and with terms of no more than five (5) years; 5 (4)The Director shall be authorized to issue task orders with specific scopes of work to prequalified contractors pursuant to as-needed services agreements; (5)When the need arises for the performance of specific tasks that are within the scope of as-needed service agreements, the Director shall seek bids from at least three (3) prequalified contractors and, using the evaluation criteria set forth under Section 2.24.072, issue a task order to the best bidder in an amount not to exceed $1,000,000 for a specifi cally defined scope of work; (6)In the event that the Director is unable to obtain three (3) bids, the Director may issue a task order to the best bidder of the bids submitted; (7)The Director may reject any and all bids received in accordance with the standards set forth in subsection (d); (8)Prequalified contractors performing task orders under as-needed services agreements shall file payment and performance bonds in conjunction with each task order awarded as required by the Director or applicable law; and (9)The Director shall submit a report to the City Council on an annual basis which shall contain information concerning the implementation of this subsection, including a listing of task orders issued pursuant to this subsection. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 6 SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validit y 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 4. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days from its adoption. APPROVED AS TO FORM: _________________________ LANE DILG City Attorney Approved and adopted this 9th day of October, 2018. _____________________________ T e d W i n t e r e r , M a y o r State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2588 (CCS) had its introduction on September 11, 2018, and was adopted at the Santa Monica City Council meeting held on October 9, 2018, by the following vote: AYES: Councilmembers McKeown, Himmelrich, O’Connor, Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmembers O’Day, Vazquez ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2588 (CCS) was duly published pursuant to California Government Code Section 40806. Ted Winterer (Nov 1, 2018) Ted Winterer Nov 1, 2018