SR 04-09-2019 7D
City Council
Report
City Council Meeting: April 9, 2019
Agenda Item: 7.D
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To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Procurement
Subject: Introduction and First Reading of an Ordinance Amending Santa Monica
Municipal Code Chapter 2.24, Purchasing System
Recommended Action
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 threshold for informal purchasing procedures from $10,000 to
$25,000;
2) Increase the threshold for formal purchasing procedures for goods, contractual
services and public works projects from $175,000 to $250,000;
3) Increase the threshold for formal request for proposal procedures for professional
services from $80,000 to $95,000; and
4) Revise Chapter 2.24 to reflect current purchasing practices and make other
clarifications and corrections.
Executive Summary
The timely purchase of materials and supplies is vital to every function of City
government – and the procurement process is safeguarded by extensive proc edures
and constraints to ensure the City gets the best product at the lowest cost through
transparent and equitable processes that conform to State and local law. Each year we
handle more than 2000 purchase orders and 900 contracts with a combined citywide
spend of more than $50 million.
The procurement process itself can limit our ability to procure the best product at the
lowest price through time-consuming or cumbersome processes, procedures and
policies. Staff has undertaken an extensive review to improve our results, taking
advantage of the continuing evolution of public procurement approaches.
Increased efficiency and cost-effectiveness in the procurement process can be
achieved by reducing the amount of time and administrative expense necessary to
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obtain goods and services and result in improved productivity and quality, reduced
costs, and increased customer service. Increasing dollar limit thresholds for purchasing
procedures will significantly streamline the procurement process in order to achieve
these goals. Accordingly, staff recommends amending Santa Monica Municipal Code
Chapter 2.24 by increasing the dollar threshold for informal bidding from $10,000 to
$25,000; for formal bidding procedures for goods, contractual service agreements and
public works projects from $175,000 to $250,000; and for Professional Service
Agreements from $80,000 to $95,000. These increases follow the best practices that
the State of California Department of General Services and similar municipal agencies
have adopted in a manner that is consistent with the City Charter. Staff further
recommends amendments to Chapter 2.24 to reflect current purchasing practices and
make other clarifications and corrections.
Background
The City’s centralized procurement process is administered by the Procurement
Manager in compliance with Santa Monica Charter Sections 608, 1507 and 1508, and
Santa Monica Municipal Code Chapter 2.24. The purpose of the procurement process is
to provide efficient procurement services to internal customers, en sure transparent, fair
and competitive practices for vendors and taxpayers; and ensure that goods and
services are procured in a manner that ensures best value contracts.
The most recent changes to the City’s procurement policies and procedures were
adopted by Council on November 26, 2013 (Attachment A). At that time, Council
adopted an ordinance that increased the dollar threshold for convenience purchases
(exempt from competitive bidding requirements) from $5,000 to $10,000, increased the
dollar threshold for formal (requiring public notice and Council approval) bids for goods
contractual service and construction procurements from above $100,000 to above
$175,000, increased the dollar limit for formal professional services procurements from
above $70,000 to above $80,000, and updated certain sections to reflect current
purchasing best practices.
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On July 12, 2016 (Attachment B), Council adopted an ordinance amending SMMC
Chapter 2.24.105 to streamline the City’s protest procedure for City purchases and
Public Works projects.
On October 9, 2018 (Attachment C), Council adopted an ordinance amending Santa
Monica Municipal Code Section 2.24.071 to update Public Works Contracts
requirements to execute Master Services Agreements (MSAs) with pre -qualified general
contractors for as-needed, on-call task order services. This ordinance modification
effectively increased the Formal Bid threshold from $175,000 to $1,000,000 if
associated with an MSA.
The existing thresholds are shown in Figure 1 below:
Fig. 1 Current bidding thresholds
Discussion
Goods, Contractual Services and Public Works Contracts
Staff recommends increasing the dollar threshold for convenience purchases for goods,
contractual services and public works contracts from $10,000 to $25,000 and the
Informal Bid threshold for goods, contractual services and public works contracts
agreements from $175,000 to $250,000. Purchases exceeding $250,000 will be subject
to formal bidding procedures.
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Procurement staff estimates that each formal bid solicitation lasts approximately six
months. In contrast, informal procedures last approximately six to eight weeks from
inception to award. The six-month timeframe for formal procedures includes the
development and review of specifications, routing the bid documents through the City
Attorney’s Office if applicable, posting the bid on the City’s online bidding site and
publishing in the newspaper, and preparing and presenting a staff report for a Council
agenda. If the recommended changes are adopted, more bids per year would be
informal as opposed to formal and this would save a significant amount of staff time in
the Procurement Division, the requesting division, the City Attorney’s Office, the City
Manager’s Office, in staff report review, and would make space on future Council
agendas.
Of the 292 Consent Item staff reports that went before Council between January 2018
and January 2019, of which are 80-90% Procurement-related, nine staff reports
contained items between $175,000 and $250,000. Increasing the thresho lds as
proposed would reduce the agenda workload and the time for the nine solicitation s
would decrease from six months to four to six weeks. The average administrative cost
difference between an informal solicitation and a formal solicitation is approxima tely
$5,000 per solicitation. Competitive procurement procedures would continue to be
followed and time saved would be leveraged for new methods of solicitations, spend
analyses, and tracking of cost savings.
In past practice, the City has matched the thresholds applied by the State of California
Department of General Services in its procurements. The State of California is in the
midst of a transition and has recently changed how purchasing authority is assigned to
State agencies. They have four tiers of purchasing authority, each successively higher
than the next. This allows larger, more experienced State departments to buy more
items without the need to go through the formal process. Tier four of the State’s
program allows for the purchase of non-internet technology goods and services up to
$250,000, as shown in Figure 2 below.
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Fig. 2 State of California Tier 4 thresholds.
Staff conducted a survey of 13 peer municipal agencies to determine their informal and
formal bidding thresholds. Each entity’s budget was also considered to ensure a fair
comparison. Four of the 13 municipal agencies, Irvine, Long Beach, Palo Alto, and
Ventura County, all have a higher formal bidding threshold than Santa Monica, as
shown in Figure 3.
Survey of Bid/Proposal Limits for Other Cities
City Informal Formal City Manager Council Approval
Beverly Hills $25,000-$50,000 >$50,000 $50,000 or less >$50,000
Costa Mesa $50,000 or less >$50,000 $50,000 or less >$50,000
Costa Mesa (Public Works Projects) $175,000 or less >$175,000 $175,000 or less >$175,000
Culver City $2,500-$50,000 >$50,000 $50,000 or less >$50,000
Glendale $15,000-$50,000 >$50,000 $50,000 or less >$50,000
Irvine $5,000-$30,000 >$30,000 $1,000,000 or less >$1,000,000
Irvine (Standard Products) $30,000-$100,000 >$100,000 $1,000,000 or less >$1,000,000
Irvine (Public Works Contracts) $30,000 or less >$25,000 $1,000,000 or less >$1,000,000
Long Beach $25,000-$100,000 >$100,000 $200,000 or less >$200,000
Manhattan Beach $5,000-$50,000 >$50,000 $50,000 or less >$50,000
Palo Alto (General Service Contracts) $25,000 or less >$25,000 $85,000 or less >$85,000
Palo Alto (Professional Services) $25,000-$65,000 >$65,000 $85,000 or less >$85,000
Palo Alto (Public Works Contracts) $65,000 or less >$65,000 $85,000-$250,000 >$250,000
Pasadena $3,000-$25,000 >$25,000 $75,000 or less >$75,000
Redding $30,000 or less >$30,000 $125,000 or less >$125,000
Santa Clarita $40,000 or less >$40,000 $50,000 or less >$50,000
Santa Clarita (Public Works Projects) $45,000 or less >$45,000 $175,000 or less >$175,000
Thousand Oaks $5,000-$50,000 >$50,000 $50,000 or less >$50,000
Thousand Oaks (Public Works Contracts) $30,001-$125,000 >$125,000 $125,000 or less >$125,000
Ventura (Professional Services) $50,000 or less >$50,000 $50,000 or less >$50,000
Ventura (Public Works Contracts,
Nonprofessional Services, Acquisition
of Equipment, Supplies & Labor) $50,000 or less >$50,000 $250,000 or less >$250,000
Fig. 3 Peer city bidding thresholds.
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Of those four, all except the City of Long Beach have a smaller budget than Santa
Monica, as shown in Figure 4.
Fig. 4 Peer city operating budgets.
Increasing the Formal Bid threshold to $250,000 would more closely align with the bid
thresholds of peer municipal agencies with equivalent budgets.
Professional Services
Staff recommends increasing the threshold for exempt professional services from
$10,000 to $25,000 and the informal threshold limit for professional services from
$80,000 to $95,000. Professional services agreements exceedin g $95,000 will be
subject to formal procurement procedures and City Council approval. 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 $80,000 on November 26, 2013 (Attachment A). This increase is based on
the cumulative annual CPI increase percentage total from year to year.
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As shown in Figure 5, the threshold was not increased to the full amount allowed based
on the cumulative annual CPI increase. For example, in 2000, the threshold could have
been increased to $57,950 based on the cumulative annual CPI increase but it was only
raised to $55,000 to keep the threshold easy for staff to understand. This continued
each time the threshold was increased and was never raised to the full amount. To
account for this delta, staff recommends increasing the formal threshold limit for
professional services to $95,000.
July to July
Existing
Threshold % Increase
Amount Increase
(Based on Amount
Allowed) Amount Allowed
1993-2000 $50,000 15.9 $7,950 $57,950
2000-2007 $55,000 27.7 $16,052 $74,002
2007-2013 $70,000 15.1 $11,174 $85,176
2013-2018 $80,000 12.2 $10,392 $95,568
2018-2023 $95,000
Fig. 5 Consumer Price Index (CPI) 12-month percent change.
Of the 292 Consent Item staff reports that went before Council between January 2018
and January 2019, three staff reports contained professional service items between
$80,000 and $95,000. Increasing the thresholds as proposed would reduce the agenda
workload and the time for the three solicitations would decrease from six months to four
to six weeks. As noted earlier, the incremental administrative cost of a formal
solicitation, representing several hours of handling and review by staff throughout the
organization, is approximately $5,000. Competitive procurement procedures would
continue to be followed and time saved would be leveraged for new methods of
solicitations, spend analyses, and tracking of cost savings.
Additional Proposed Changes
In addition, further changes are proposed that would modernize and update the
Purchasing Ordinance and reflect current City structure and practices. These changes
include:
Removal or revision of sections that no longer reflect City procedures or are
currently and more appropriately addressed through internal Administrative
Instructions issued by the City Manager, including, but not limited to, procedures
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for receiving and distributing goods after purchase, issuance and distribution of
paper copies of purchase orders, and invoicing.
Clarification to procedures for public works contracts and for sale or donation of
personal property
Clarification of Purchasing Agent’s authority to administratively reject bids for
procedural irregularities
Increase the local preference from 1.5% to 2% to reflect increase in local sales
tax
Amendments to the language of the ordinance that add consistency and clarity to
ensure the procurement procedures are easy to understand and follow.
A reduction in the amount of staff time spent on lower dollar solicitations would allow
more time for vendor outreach, high value procurements, opportunities in cooperative
purchasing, new methods of efficient sourcing and contracting and greater analysis o f
spend and cost savings. This would position Procurement to provide efficient
procurement services to internal customers, to ensure fair, ethical, social and legal
procurement practices by the City and to ensure best value contracts. Staff
recommends increasing the dollar limit for thresholds as shown in Figure 6 below.
Fig. 6 Recommended updates to current bidding thresholds.
Financial Impacts and Budget Actions
A reduction in the amount of staff time spent on lower dollar solicitations would allow
more time for vendor outreach; high value procurements; opportunities for cooperative
purchasing; new methods of efficient sourcing and contracting; and greater analysis of
spend and cost savings. This would position Procurement to provide efficient
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procurement services to internal customers, to ensure fair, ethical, social and legal
procurement practices by the City and to ensure best value contracts.
Prepared By: Araceli Esparza, Purchasing Services Manager
Approved
Forwarded to Council
Attachments:
A. November 26, 2013 Adoption of an Ordinance Amending Section 2.24 of the
SMMC, Purchasing System (Web Link)
B. July 12, 2016 Adoption of an Ordinance Amending Section 2.24.105 of the
SMMC Related to Protest Procedures for City Purchases and Public Works
Projects (Web Link)
C. October 9, 2018 Adoption of an Ordinance Amending Section 2.24.071 of the
SMMC to Authorize As-Needed Services Agreements for PW Projects (Web
Link)
D. Procurement Ordinance - Recommended Changes
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City Council Meeting: April 9, 2019 Santa Monica, California
ORDINANCE NUMBER ____________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 2.24 OF THE SANTA MONICA MUNICIPAL
CODE TO INCREASE THE THRESHOLD DOLLAR LIMITS FOR CITY MANAGER
AUTHORITY TO AWARD SOLICITATIONS OF PUBLIC WORKS PROJECTS, GOODS
AND SERVICES AND DISPOSITION OF PROPERTY; REFLECT CURRENT AND
PROPOSED PROCUREMENT PRACTICES; AND UPDATE THE CODE TO ADD
CLARITY RELATED TO THE CITY’S PROCUREMENT POLICIES, PRACTICES AND
PROCEDURES
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 the City Council to 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
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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, on November 26, 2013, the City Council adopted Ordinance Number
2447 (CCS) (“Ordinance 2447”) amending portions of Chapter 2.24 in order 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; and
WHEREAS, on July 12, 2016, the City Council adopted Ordinance Number 2523
(CCS) to simplify the protest procedure established by Ordinance 2447 and to simplify
and codify the protest procedure for public works contracts; and
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WHEREAS, the City desires to further 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
WHEREAS, the City further desires to enhance transparency and fairness in, and
preserve public confidence in the integrity and openness of the City’s contracting process;
and
WHEREAS, the City wishes to make additional changes, including the deletion of
obsolete sections of Chapter 2.24, to reflect current and proposed procurement practices
and to make the purchasing policies, requirements and practices set forth in this Chapter
easier to read and understand.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.24 of the Santa Monica Municipal Code is hereby
amended as follows:
2.24.010 Purpose.
The purpose of this chapter is to establish procedures, consistent with Sections
608 and 1508 of the City Charter, for the purchase of all goods and services, contracts
for the construction of public works projects, and the disposition of property.
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2.24.020 Purchasing Agent.
(a) Appointment. The Director of Finance shall appoint the Purchasing Agent.
(b) Powers and Duties. The Purchasing Agent shall have the powers and
duties set forth in Section 1507 of the City Charter. In addition, subject to the provisions
of this Chapter, the Purchasing Agent shall have the power to:
(1) Contract for all utility services;
(2) Declare goods as surplus, obsolete or unused and authorize the
transfer or disposal of such goods consistent with all applicable laws and regulations;
(3) Cancel solicitations and re-solicit bids or proposals when
cancellation is in the City’s best interest for reasons including, but not limited to, when
the City determines that:
(A) The City does not require the goods, services, or construction of the
public works project;
(B) The City does not require a third party to provide the goods, services,
or construct the public works project;
(C) Proposed amendments to the solicitation document make a new
solicitation desirable or necessary;
(D) Prices or costs exceed the City’s cost estimates;
(E) No bids or proposals have been received in response to the
solicitation; or
(F) A procedural irregularity – including, but not limited to, failure to
properly notice the solicitation or a material error in specifications – exists that
could materially affect the outcome of the solicitation,.
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2.24.030 Centralized Purchasing.
All acquisitions and purchases shall be made by and through the Purchasing
Agent, except:
(a) Purchases of goods and services made from petty cash funds pursuant to
written control procedures approved as administrative regulations by the City Manager;
(b) Purchases of goods and services by city procurement card (“P-Card”) or
other credit card, made in conformance with written control procedures approved as
administrative regulations by the City Manager;
(c) Emergency purchases made in conformance with Section 2.24.240;
(d) Contracts for legal services approved by the City Attorney;
(e) Purchases that are exempt from competitive solicitation procedures
pursuant to this Chapter; and
(f) Mutual aid agreements.
2.24.040 Council Contract Policies.
The City Council may adopt by resolution policies related to the purchase of goods
and services, contracts for the construction of public works projects, or the disposition of
property. Such policies may include, but not be limited to, policies addressing local
boycotts, use of sustainable goods and price preferences for local businesses. Such
policies shall not conflict with, but may be in addition to, any provisions of this Chapter.
Such policies shall be considered implemented in the solicitation and award of contracts
made under this Chapter.
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2.24.050 Administrative Regulations.
The City Manager, or the Director of Finance as designated by the City Manager,
is authorized to adopt written administrative regulations and instructions that are
consistent with and that further the terms and requirements set forth within this Chapter.
2.24.060 City Council Awards.
The City Council shall award:
(a) Purchases of goods of more than two hundred fifty thousand dollars;
(b) Contractual services agreements of more than two hundred fifty thousand
dollars;
(c) Professional services agreements of more than ninety-five thousand
dollars;
(d) Public works contracts of more than two hundred fifty thousand dollars; and
(e) Any other purchases and contracts that have not been otherwise authorized
under this Chapter, unless the City Council has authorized a City officer or employee to
negotiate a contract on behalf of the City without further Council approval.
2.24.070 City Manager Authority.
(a) The City Manager, or his or her designee pursuant to paragraph (b) below,
is authorized to make purchases and award the following:
(1) Purchases of goods of two hundred fifty thousand dollars or less;
(2) Contractual services agreements of two hundred fifty thousand
dollars or less;
(3) Professional services agreements of ninety-five thousand dollars or
less;
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(4) Public works contracts of two hundred fifty thousand dollars or less;
(5) Emergency purchases in accordance with 2.24.240; and
(6) Agreements to rent, lease or license real property valued at two
hundred fifty thousand dollars or less or entered pursuant to express approval by
the City Council.
(b) The City Manager may delegate authority to make purchases and awards
under this Section. All such delegations shall be in writing and dated and shall specify
the limits of the authority delegated, including, without limitation, the type of purchase,
dollar amount, and the terms of any contracts that will be executed under the delegation.
All such delegations of authority shall be kept on file by the Purchasing Agent .
2.24.080 City Attorney Authority.
The City Attorney is authorized to award and enter into contracts for legal services,
including, but not limited to, services provided by outside legal counsel, investigators,
consultants or experts in conjunction with claims against the City, pending or anticipated
litigation, or administrative or other legal proceedings.
2.24.090 Purchasing Agent Authority.
The Purchasing Agent is authorized to:
(a) Issue purchase orders awarded in accordance with this Chapter;
(b) Sell goods valued at less than twenty-five thousand dollars that have been
declared surplus, obsolete or unused by bid, auction, negotiated sale, trade-in or
exchange in accordance with 2.24.160;
(c) Donate goods valued at less than twenty-five thousand dollars that have
been declared surplus, obsolete or unused in accordance with 2.24.170; and
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(d) Make emergency purchases in accordance with 2.24.240.
2.24.100 Emergency Services Manager Authority.
The Emergency Services Manager is authorized to make emergency purchases in
accordance with 2.24.240.
2.24.110 Director of Public Works Authority.
The Director of Public Works is authorized to issue task orders for Master Services
Agreements in accordance with 2.24.220(g).
2.24.120 Purchase of Goods.
(a) Goods are physical items, including, but not limited to, materials, supplies
and equipment.
(b) Goods shall be solicited as follows, applying the criteria for best bidder as
set forth in Section 2.24.180:
(1) Purchases of twenty-five thousand dollars or less shall be exempt
from competitive bidding requirements, unless the Purchasing Agent determines,
on a case by case basis, that substantial cost savings could be achieved without
jeopardizing necessary operational efficiency, in which case the purchase shall be
subject to the informal solicitation procedures set forth in Section 2.24.210.
(2) Purchases of more than twenty-five thousand dollars but not more
than two hundred fifty thousand dollars shall be subject to the informal solicitation
procedures set forth in Section 2.24.210.
(3) Purchases of more than two hundred fifty thousand dollars shall be
subject to the formal solicitation procedures set forth in Section 2.24.220.
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2.24.130 Contractual Services Agreements.
(a) Contractual services are services f or non-professional functions that are
predominantly physical, manual or routine. Contractual services include, but are not
limited to, custodial services, temporary agency services, and security services.
(b) Contractual services agreements shall be solicited as follows, applying the
criteria for best bidder as set forth in Section 2.24.180:
(1) Contractual services agreements of twenty-five thousand dollars or
less shall be exempt from competitive bidding requirements, unless the Purchasing
Agent determines, on a case by case basis, that substantial cost savings could be
achieved without jeopardizing necessary operational efficiency, in which case the
agreement shall be subject to the informal solicitation procedures set forth in
Section 2.24.210.
(2) Contractual services agreements of more than twenty-five thousand
dollars but not more than two hundred fifty thousand dollars shall be subject to the
informal solicitation procedures set forth in Section 2.24.210.
(3) Contractual services agreements of more than two hundred fifty
thousand dollars shall be subject to the formal solicitation procedures set forth in
Section 2.24.210.
2.24.140 Professional Services Agreements.
(a) Professional services are services that require specialized expertise,
training in a professional field, or other developed skills or training. Professional services
include, but are not limited to, services performed by vendors with a State license or
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certification, including, but not limited to, accountants, doctors, lawyers, engineers,
architects and land surveyors.
(b) Professional services agreements shall be solicited as follows, applying the
criteria for best qualified person or firm as set forth in Section 2.24.190:
(1) Professional services agreements of twenty-five thousand dollars or
less shall be exempt from competitive bidding requirements, unless the Purchasing
Agent determines, on a case by case basis, that substantial cost savings could be
achieved without jeopardizing necessary operational efficiency, in which case the
agreement shall be subject to the informal solicitation procedures set forth in
Section 2.24.210.
(2) Professional services agreements of more than twenty-five thousand
dollars but not more than ninety-five thousand dollars shall be subject to the
informal solicitation procedures set forth in Section 2.24.210.
(3) Professional services agreements of more than ninety-five thousand
dollars shall be subject to the formal solicitation procedures set forth in Section
2.24.220.
2.24.150 Public Works Contracts.
(a) A public works contract is a contract paid for in whole or in part with public
funds for the construction, alteration, repair, improvement, reconstruction or demolition of
any public building, facility, street, sidewalk, utility, park or op en space improvement, or
other public improvement.
(b) Public works contracts shall be solicited as follows, applying the criteria for
best bidder as set forth in Section 2.24.180:
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(1) Public works contracts of twenty-five thousand dollars or less shall
be exempt from competitive bidding requirements, unless the Purchasing Agent
determines, on a case by case basis, that substantial cost savings could be
achieved through the competitive bidding process without jeopardizing necessary
operational efficiency, in which case the project shall be subject to the informal
solicitation procedures set forth in Section 2.24.210.
(2) Public works contracts of more than twenty-five thousand dollars but
not more than two hundred fifty thousand dollars shall be subject to the informal
solicitation procedures set forth in Section 2.24.210.
(3) Public works contracts of more than two hundred fifty thousand
dollars shall be subject to the formal solicitation procedures set forth in Section
2.24.220.
(4) Master services agreements for public works projects may be
solicited and implemented in accordance with the procedures set forth in Section
2.24.220(g).
2.24.160 Sale of Goods.
Goods that have been declared surplus, obsolete or unused by the Purchasing
Agent shall be sold to the best bidder, applying the criteria in Section 2.24.180, by bid,
auction, negotiated sale, trade-in or exchange as follows:
(a) The sale of goods valued at twenty-five thousand dollars or less shall be
sold according to procedures established by the Purchasing Agent.
(b) The sale of goods valued at two hundred fifty thousand dollars or less shall
be subject to the informal solicitation procedures set forth in Section 2.24.210.
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(c) The sale of goods valued at more than two hundred fifty thousand dollars
shall be subject to the formal solicitation procedures set forth in Section 2.24.220.
2.24.170 Donation of Goods.
Goods that have been declared surplus, obsolete or unused by the Purchasing
Agent may be donated as follows:
(a) Goods valued at twenty-five thousand dollars or less may be donated in
accordance with procedures established by the Purchasing Agent.
(b) Goods valued at more than twenty-five thousand dollars may be donated to
the best bidder applying the criteria set forth in Section 2.24.180 in accordance with the
formal solicitation procedures set forth in Section 2.24.220.
2.24.180 Best Bidder.
In determining the best bidder, the City shall consider all of the following criteria
that are relevant to the solicitation:
(a) Price;
(b) The quality of the material or services offered;
(c) The ability, capacity and skill of the bidder to perform or provide the
materials or services;
(d) The capacity of the bidder to perform the contract or provide the service
promptly, within the time specified, and without delay or interference;
(e) The sufficiency of the bidder’s financial resources;
(f) The character, integrity, reputation, judgment, training, experience and
efficiency of the bidder;
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(g) The ability of the bidder to provide such future maintenance or service as
may be needed;
(h) Any other factor that will further the intent set forth in Section 608 of the City
Charter.
The City shall have absolute discretion in determining the applicability and weight of the
criteria listed above. The City is not required to select the bid with the lowest price.
2.24.190 Best Qualified Person or Firm.
In determining the best qualified person or firm for award of a professional services
agreement, the City shall consider all of the following criteria that are relevant to the
solicitation:
(a) The training, credentials and experience of the person or firm;
(b) The demonstrated competence, ability, capacity and skill of the person or
firm to perform the contract or provide the service promptly, within the time specified, and
without delay;
(c) The capacity of the person or firm to perform the contract or provide the
service promptly, within the time specified, and without delay;
(d) The sufficiency of the person’s or firm’s financial and other resources; and
(e) The character, integrity, reputation and judgment of the person or firm;
(f) The ability of the person or firm to provide such future service as may be
needed; and
(g) The price which the person or firm proposes to charge, including whether
the price is fair, reasonable and competitive.
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The City shall have absolute discretion in determining the applicability and weight of the
criteria listed above. The City is not required to select the proposal with the lowest price.
2.24.200 Price Preference for Local Businesses.
In determining the best bidder for solicitations of goods and cont ractual services
subject to the informal and formal procedures set forth in this Chapter, t he Purchasing
Agent shall provide a price preference for local businesses as follows:
(a) The Purchasing Agent shall provide a two percent price preference to all
City businesses submitting bids or proposals 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 two percent to determine
the rank order of the bids in the selection process. If, after the two percent preference is
applied, a City business has submitted a bid which is equal to or lower than all other
proposals, the City Council shall award the contract to the City business so l ong as it is
otherwise the best bidder or best qualified person or firm.
(b) For purposes of this provision, a City business shall have its primary
physical place of business within the City and be licensed by the City of Santa Monica to
conduct business in the City.
2.24.210 Informal procedures.
Informal solicitations shall be subject to the following procedures:
(a) The Purchasing Agent shall issue a notice inviting bids or request for
proposals and solicit not less than three bids or proposals by direct mail or electronic mail
request, or by telephone. The Purchasing Agent may require additional notice as the
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Purchasing Agent deems appropriate, including, for example, requiring that the
solicitation be posted on the City’s online vendor portal website.
(b) The Purchasing Agent shall compile and tabulate all bids or proposals
timely received and refer them to the appropriate City Department for evaluation. For
public works contracts or purchases of goods or contractual services, t he City Department
shall make a recommendation of best bidder by applying the criteria set forth in Section
2.24.180. For purchases of professional services, the City Department shall make a
recommendation of best qualified person or firm by applying the criteria set forth in
Section 2.24.190.
(c) The Purchasing Agent shall provide notice of the recommended award to
all bidders or proposers through the City’s online vendor portal website or by other means
as determined by the Purchasing Agent.
(d) The City Manager shall award the solicitation after the time to file a protest
has expired or after a final determination on a protest has been made in accordance with
2.24.260.
(e) The City Manager may reject any and all bids or proposals received
whenever, in the opinion of the City Manager:
(1) The bid(s) or proposal(s) received do not comply with the
specifications of the notice inviting bids or request for proposals;
(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;
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(4) The bids or proposals are higher than anticipated and a new
solicitation would result in savings to the City; or
(5) The best interests of the City would be served by a rejection of any
or all bids or proposals.
2.24.220 Formal Procedures.
Formal solicitations shall be subject to the following procedures:
(a) The Purchasing Agent shall issue a formal notice inviting bids or request for
proposals and shall solicit bids and proposals by:
(1) Advertising in a newspaper of general circulation in the City of Santa
Monica on at least two occasions, the first of which shall be at least ten days before
the time for opening received bids; and
(2) Posting on the City’s online vendor portal website.
The Purchasing Agent may require additional notice as the Purchasing Agent determines
to be in the best interest of the City.
(b) At the time specified in the notice inviting bids or request for proposals, all
bids or proposals timely received shall be opened and declared publicly, either in person
or through the City’s online vendor portal website.
(c) The Purchasing Agent shall compile and tabulate all bids or proposals
timely received and refer them to the appropriate City Department for evaluation. For
public works contracts or purchases of goods or contractual services, the City Department
shall make a recommendation of best bidder by applying the criteria set forth in Section
2.24.180. For purchases of professional services, the City Department shall make a
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recommendation of best qualified person or firm by applying the criteria set forth in
Section 2.24.190.
(d) The Purchasing Agent shall provide notice of the recommended award to
all bidders or proposers through the City’s online vendor portal website or by other means
as determined by the Purchasing Agent.
(e) The City Manager shall present the recommendation to City Council for
award after the time to file a protest has expired or after a final determination on a protest
has been made in accordance with Section 2.24.260.
(f) The City Council may reject any and all bids or proposals received
whenever, in the opinion of the City Council:
(1) The bid(s) or proposal(s) received do not comply with the
specifications of the notice inviting bids or request for proposals;
(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 or proposals are higher than anticipated and a new
solicitation would result in savings to the City; or
(5) The best interests of the City would be served by a rejection of any
or all bids or proposals.
(g) Master Services Agreements for Public Works Projects.
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
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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 of Public Works;
(2) The Director of Public Works shall pre-qualify contractors for as-
needed service agreements;
(3) The City Council may award as-needed services agreements to
prequalified contractors, in amounts not to exceed five million dollars and with
terms of no more than five years;
(4) When the need arises for the performance of specific tasks within the
scope of as-needed service agreements, the Director of Public Works shall seek bids
from at least three prequalified contractors and, using the evaluation criteria set forth
under Section 2.24.180, issue a task order to the best bidder in an amount not to
exceed $1,000,000 for a specifically defined scope of work;
(5) If the Director of Public Works seeks but is unable to obtain three
bids, the Director may issue a task order to the best bidder of the bids submitted;
(6) The Director of Public Works may reject any and all bids received in
accordance with the standards set forth in subsection (f), above;
(7) 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; a nd
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(8) The Director of Public Works shall submit a report to the City Council
on an annual basis containing information about the implementation of this
subsection, including a listing of task orders issued pursuant to this subsection.
2.24.230 Sale of Real Property.
(a) Declaration of Intent to Sell Real Property. The City Council may, by
resolution, declare its intent to sell City-owned real property. Such a resolution shall
authorize the City Manager to sell the property. The resolution shall contain the following:
(1) The reason for sale of the property;
(2) A description of the property to be sold;
(3) A finding that the property is no longer needed for the purpose acquired;
(4) A finding that the property or title thereto is not needed for any other public
purpose; and
(5) Designation of the competitive sales process to be used for sale of the
property.
(b) Notice of Public Sale. Sale shall only be made after advertising of notice
in a newspaper of general circulation in the City of Santa Monica on at least two
occasions, the first of which shall be at least ten days before the time at which bids or
proposals are due.
(c) Requirements for Sale by Bids or Auction. On any occasion on which
the City Council directs the sale of City-owned real property by bids or auction, after
providing notice as required by subsection (b), bids shall be accepted until the time
specified in the notice of public sale. The City Manager or designee shall then tabulate all
bids received and present them to the City Council. The City Council shall award the sale
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to the highest and best bidder. The City Council may reject any and all bids presented
and may re-advertise in its discretion.
(d) Requirements for Sale by Competitive Proposals or Negotiation. On
any occasion on which the City Council directs the sale of City-owned property by a call
for competitive proposals and negotiation, after providing notice as required by subsection
(b), proposals shall be accepted until the time specified in the notice of public sale. The
City Manager or designee shall then review all proposals and may negotiate with any
party that submits a proposal in order to increase the final sales price, to reduce proposal
contingencies, and to ensure sufficient financial resources to complete the sale. The City
Council shall award the sale to the best proposer. The City Council may reject any and
all proposals and may re-advertise in its discretion.
(e) Requirement for Sale by Competitive Proposals and Negotiation. On any
occasion on which City Council directs the sale of City-owned property through the use
of a duly licensed real estate broker, the broker shall be selected in accordance with the
City’s policies for hiring consultants and applicable state and local laws pertaining to
conflicts of interest, and the broker must comply with notice of public sale requirements.
The broker shall advertise the property for sale, accept offers for the property, and
negotiate with potential buyers in order to increase the final sales price, to reduce
proposal contingencies, and to ensure sufficient financial resources to complete the sale.
The City Council shall award the sale to the best proposer by at least five affirmative
votes. The City Council may reject any and all offers and re-advertise in its discretion.
(f) Approval of Final Sale. City-owned property shall be sold in accordance with
this Section. No real property shall be sold except by resolution of the City Council.
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(g) Sale without Publication. Sales of real property may be made without
advertising if the City Council, by a resolution adopted by at least five affirmative votes,
determines that to advertise would cause unnecessary expense and delay or would not
be in the best interest of the City. If Council so determines, it may authorize property to
be sold by direct negotiation, exchange, sale to an adjacent property owner, conveyance
to government bodies, public utilities or nonprofit organizations, or other appropriate
method, as authorized in the resolution of intent to sell City-owned property.
(g) Approval of Final Sale. City-owned property shall be sold in accordance with
this Section. No real property shall be sold except by resolution passed by an affirmative
vote of five members of the City Council.
2.24.240 Procedures for Emergency Needs.
(a) In the event of an emergency, the City Manager, the Emergency Services
Manager, the Purchasing Agent or their one of their designees pursuant to paragragh (b)
below is authorized to:
(1) Shorten or waive all required notice periods and competitive
solicitation procedures set forth in this Chapter;
(2) Secure in the open market at the best reasonable price, contracts for
public works projects, goods and services;
(3) 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 obtain emergency aid, assistance
or services to the City of Santa Monica; and
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(4) Contract for the immediate expenditure of public funds to safeguard
life, health or property.
(b) The City Manager, the Emergency Services Manager, or the Purchasing
Agent may delegate authority to make purchases and awards under this Section. All such
delegations shall be in writing and dated and shall specify the limits of the authority
delegated, including, without limitation, the type of purchase, dollar amount, and the terms
of any contracts that will be executed under the delegation. All such delegations of
authority shall be kept on file by the Purchasing Agent.
(c) Within thirty days after any purchase or contract is made pursuant to this
Section, the City Manager shall submit in writing to the City Council a full explanation of
the emergency circumstances under which the purchase or contract was made. This
writing shall be open to public inspection and, to the extent possible, presented as part of
a regular meeting of the City Council.
(d) For purposes of this section, an emergency shall include:
(1) A declared federal or state emergency;
(2) A local emergency as declared by the City Council, the City Manager,
or the Emergency Services Manager; or
(3) An urgent, unforeseen event that threatens life, property, or the
general public health, safety and welfare.
2.24.250 Exceptions to the Competitive Process.
The competitive selection processes set forth in this Chapter do not apply when:
(a) Funds are expended to secure membership or participation in professional
organizations, meetings, or conventions;
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(b) Competition does not reasonably exist because only one vendor possesses
the unique ability or capability to meet the particular requirements of the solicitation, such
as when a good or service is copyrighted, patented or otherwise only available form o ne
license holder, including, for example, proprietary goods of original equipment
manufacturers and/or their authorized exclusive distributors;
(c) Competitive procedures were followed by a governmental agency, including
a federal, state, county, city, joint powers agency, special district, or cooperative
purchasing agency consisting of on or more such agencies, that are equivalent to the
procedures set forth in this Chapter, and the goods or services are supplied to the City at
the same or better price as the price obtained by that agency;
(d) The items to be purchased are for resale to the public, such as, but not
limited to, cemetery services or products;
(e) The items to be purchased are circulating library materials, including books,
periodicals, films and recordings;
(f) Special conditions attach to a grant, donation, gift or other legal document
that require the use of particular goods and/or services; or
(g) The individual or entity with authority to make a purchase or award
determines and documents in writing in accordance with procedures set forth in
administrative regulations that the time necessary to use the competitive solicitation
processes set forth in this Chapter, due to circumstances outside of the control of the
City, would result in a substantial economic loss to the City, substantially compromise a
legal position, or substantially interfere with a required City operation; or
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(h) A contract is entered pursuant to procedures adopted by the City Attorney
to secure legal services, including, but not limited to, services provided by outside legal
counsel, investigators, consultants or experts in conjunction with a claim against the City,
pending or anticipated litigation, or an administrative or legal proceeding, except that such
procedures shall, where possible, ensure that professional services agreements entered
by the City Attorney are subject to a selection process that is consistent with the crit eria
set forth in Section 2.24.190; or
(i) A solicitation is made under the emergency procedures set forth in Section
2.24.240.
2.24.260 Protests.
Any bidder or proposer may protest an award recommendation pursuant to the
competitive bidding requirements of this Chapter.
(a) Protests shall be filed in writing within seven consecutive calendar days
following notice of the recommended award, or prequalification for the case of Master
Services Agreements subject to 2.24.220(g).
(b) Protests 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 will be deemed waived. Any protest not conforming to the
requirements of this Section may be rejected as invalid.
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(c) Protests may be sustained or denied. When a protest is sustained, the
awarding authority may, based on the evidence presented:
(1) Reject all bids or proposals and order a re-solicitation; or
(2) Recommend an alternate best bidder or best qualified person or firm
by applying the criteria set forth in Section 2.24.180 or Section 2.24.190, as
applicable.
(d) Once a protest has been filed, no solicitation shall be awarded until a final
determination on the protest has been issued.
(e) The City Manager, or designee, shall review and decide all protests relating
to solicitations made pursuant to the informal solicitation procedures set forth in Section
2.24.210 and formal solicitation procedures set forth in Section 2.24.220. The City
Manager, or designee, shall issue a written determination stating the reasons for
sustaining or denying the protest within ten days of receiving the protest. This written
determination shall constitute the City’s final decision on the protest.
(f) For protests relating to solicitations made pursuant to the formal solicitation
procedures set forth in Section 2.24.220, the City Manager shall submit to the City Council
a written report on the protest, including the final decision on the protest.
2.24.010 Rules and regulations.
The following rules and regulations hereby are adopted governing the contracting
for, purchasing, storing, and distribution of all supplies, materials, and equipment
required by any office, division, department or agency, hereinafter termed any “agency”
of the City government.
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2.24.020 Organization of Purchasing Division.
The Purchasing Division established within the Finance Department shall be
administered by the Purchasing Agent. The Purchasing Agent shall be appointed by the
Director of Finance in accordance with civil service regulations.
2.24.030 Powers of Purchasing Agent.
The Purchasing Agent shall have the power and shall be required to perform the
duties prescribed Section 1507 of the City Charter:
“(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.”
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
leased by or from said City;
(e) Declare supplies, materials or other 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.
2.24.050 Requisitions and estimates.
All agencies of the City government shall file with the Purchasing Agent detailed
estimates of their requirements for supplies, materials and equipment , and contractual
services in such manner, at such times and for such future periods as the Purchasing
Agent may prescribe in writing. Each agency shall utilize the form of requi sition to be
prescribed by the Purchasing Agent. If departments are comprised of divisions under
division heads, all requisitions and estimates shall be signed by responsible division
heads and approved by the department head. If the Purchasing Agent shall find a
requisition to be in order, then he or she shall proceed with the procurement processes
set forth herein.
2.24.060 Unforeseen needs.
Any department head of the City government at any time may file with the
Purchasing Agent, requisitions for any supplies, materials, equipment or contractual
services, the need of which was unforeseen when the detailed estimates were filed.
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2.24.070 Competitive bidding.
Pursuant to the terms of Sections 608 and 1508 of the City Charter, and in every
case except as stated in Section 2.24.080, before making any purchase of, or contract
for supplies, materials equipment or contractual services, or before any sale of personal
property which has become obsolete, or unusable, or for any other reason is to be
disposed of, the Purchasing Agent shall give ample opportunity for competitive bidding
under the rules and regulations and with such exceptions as are prescribed in the
following sections.
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 set forth in Sect ion 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,
29
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;
(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;
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(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.
(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;
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(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;
(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 specifically 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.
2.24.072 Best bidder.
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In evaluating whether a person is the best bidder pursuant to this Chapter, the City
shall consider all of the following criteria which are relevant to the bid:
(a) Price;
(b) The quality of the material or services offered;
(c) The ability, capacity and skill of the bidder to perform or provide the materials or
services;
(d) The capacity of the bidder to perform the contract or provide the service
promptly, within the time specified, and without delay or interference;
(e) The sufficiency of the bidder’s financial resources;
(f) The character, integrity, reputation, judgment, training, experience and efficiency
of the bidder;
(g) The ability of the bidder to provide such future maintenance or service as may
be needed;
(h) Any other factor which will further the intent set forth in Section 608 of the City
Charter.
The City shall have absolute discretion in determining the applicability and weight or
relative weight of some or all of the criteria listed above and is not required to select the
lowest monetary bidder.
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.
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(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 service promptly, within the time specified, and
without delay;
(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; and
(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 p roposed
professional services contracts whenever in the opinion of the City Council:
(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
34
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 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.
2.24.074 Informal professional services contract procedures.
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(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 awardin g a contract
under this subsection (a), open market requests-for-proposals procedures shall be
followed.
(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
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 b est 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.
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(c) (1) Notwithstanding any other provisions in this Section, prior to awarding a
contract award, 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 by 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 as 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
physical place of business in the City and not just a mailing address.
2.24.075 Formal professional services contract procedures.
(a) All professional services contracts of more than 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 of 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
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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 service may then be purchased in
the manner stated in Section 2.2.074(b) without further observance of the provisions of
this Section.
(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 as 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.
2.24.080 Exceptions to competitive bidding.
The competitive bid procedure is not applicable in those instances whe re:
(a) Competition does not exist, such as membership in professional organizations,
meetings, conventions, travel, legal advertising, public utilities, and proprietary items of
original equipment manufacturers and/or their authorized 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 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 capacity 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;
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(f) Items to be purchased are circulating library materials, including books,
periodicals, films and recordings.
2.24.090 Informal purchasing bidding 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 the savings potential clearly does not justify this exemption, open
market informal request-for-quotation procedures shall be followed.
(b) Open Market Orders.
(1) Except as provided in 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 on 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 bid 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 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.
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 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
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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. Su ch supplies, materials, equipment
or contractual services may then be purchased in the manner stated in Section
2.24.090(b) without further observance 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 provide 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 two 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 lower than all other proposals, the
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City Council shall award the contract to the City business so lon g 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.
2.24.105 Protest Procedures.
(a) Protest Procedure for Purchases Other Than Public Works Contracts.
(1) Any bidder or proposer submitting a bid or proposal for any purchase subject to
the competitive bidding requirements of this Chapter that is not a public works project
may file a written protest with the Finance Director no more than seven calendar days
following the posting of award 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.
(2) The Finance Director 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.
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(3) The Finance Director shall have the final authority to sustain or deny a protest.
The Finance Director’s decision shall constitute the City’s final determination on the
protest.
(4) Once a protest has been filed with the Finance Director, no contract shall be
awarded until the Finance Director has issued his or her final determination.
(5) For bids or proposals awarded by the City Council, 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 th e Finance Director’s final
decision on the protest.
(b) Protest Procedure for Public Works Contracts.
(1) Any bidder submitting a bid for a public works project subject to the competitive
bidding requirements of this Chapter may file a written protest with the Director of Public
Works no more than seven calendar days following the posting of award
recommendation on the City’s online vendor portal website. The protest most 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 protest. All factual
contentions must be supported by evidence. Any matters no 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.
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(2) The Public Works Director 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.
(3) The Director of Public Works shall have final authority to sustain or deny a
protest. The Director of Public Works’ decision shall constitute the City’s final
determination on the protest.
(4) Once a protest has been filed with the Director of Public Works, no contract shall
be awarded until the Director of Public Works has issued his or her final determination.
(5) For public works contracts awarded by the City Council, the Director of Public
Works shall, at the time the bids are presented to the City Council for award, submit to
the City Council a written report on the protest, including the Director of Public Works’
final decision on the protest.
2.24.110 Sale of Real Property
(a) Declaration of Intent to Sell Real Property. The City Council may declare, by
resolution, its intention to sell City-owned real property if it finds that the property is no
longer needed for the purpose acquired and that said property or title thereto is not
needed for any other public purpose. If Council determines that the property may be
sold, it shall authorize the City Manager to sell the property for a price equal to or
greater than the minimum price established by a current appraisal made by a qualified
real estate appraiser. However, notwithstanding the foregoing, no appraisal shall be
required when the City Manager reasonably determines that a property’s estimated
value is less than seventy thousand dollars. The resolution of intent to authorize sale
shall contain the following:
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(1) The reason for sale of the property;
(2) A description of the property to be sold;
(3) The findings that the property is no longer needed for the purpose acquired or
for any other public purpose;
(4) A statement of the value of such property established by an appraisal made by a
qualified real estate appraiser or a statement that the estimated value is less than
seventy thousand dollars; and
(5) Designation of the competitive sales process to be used for sale of the property.
(b) Notice of Public Sale. Sale shall only be made after publication in the official
newspaper by two or more insertions of notice the first of which shall be at least ten
days before the time at which bids or proposals are due.
(c) Requirements for Sale by Bids or Auction. The following procedure shall be
used when City Council authorized sale of City-owned real property by bids or auction.
Such sales shall be awarded to the highest and best bidder. Bids shall be accepted until
the time specified in the notice of public sale. The City Manager or designee shall
tabulate all bids received pursuant to this Section and shall present them to the City
Council and the Council shall make the award. The City Council may reject any and all
bids presented and may re-advertise in its discretion.
(d) Requirements for Sale by Competitive Proposals or Negotiation. The
following procedure shall be used when City Council authorizes sale of City-owned
property by a call for competitive proposals and negotiation. Proposals shall be
accepted until the time specified in the notice of public sale. The City Manager or
designee shall review all proposals and may negotiate with any parties who submit
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proposals in order to increase the final sales price, to reduce proposal contingencies,
and to ensure sufficient financial resources to complete the sale. Such sales shall be
awarded to the best proposer. The City Council may reject any and all proposals and
may re-advertise in its discretion.
(e) Requirement for Sale by Competitive Proposals and Negotiation. The
following procedure shall be used when City Council authorizes sale of City-owned
property through the use of a duly licensed real estate broker. The broker must be
selected in accordance with the City’s policies for hiring consultants and applicable
State and local laws pertaining to conflicts of interest, and the broker must comply with
notice of public sale requirements. The broker shall advertise the property for sale,
accept offers for the property, and negotiate with potential buyers in order to increase
the final sales price, to reduce proposal contingencies, and to ensure sufficient financial
resources to complete the sale. The City Council may reject any and all offers and re -
advertise in its discretion.
(f) Sale without Publication. Sales of real property may be made without
advertising if the City Council, by a resolution adopted by at least five affirmative votes,
shall determine by such vote that to advertise would be to no avail and would cause
unnecessary expense and delay or would not be in the best interest of the City. If
Council so determines, it may authorize property to be sold by direct negotiation,
exchange, sale to an adjacent property owner, conveyance to government bodies,
public utilities or nonprofit organizations, or other appropriate method, as authorized in
the resolution of intent to sell City-owned property.
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(g) Approval of Final Sale. City-owned property shall be sold in accordance with
this Section. No real property shall be sold except by resolution passed by an
affirmative vote of five members of the City Council.
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 representative s 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, 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 obtain emergency aid, assistance or
services to the City of Santa Monica and to contract for the immediate expendi ture 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 purcha se of supplies,
material, equipment, contractual services, professional services contracts, public works
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and other City projects. In each instance, the City Manager shall submit within thirty
days to the City Council in writing, a full explanation of the c ircumstances of such
emergency which shall become a party of a regular meeting of the City Council and
shall be open to public inspection.
2.24.130 Purchase orders.
Upon ascertaining the price to be paid for any supplies, materials, equipment or
contractual services, the Purchasing Agent shall prepare a purchase order on a form
prescribed by the Director of Finance. The Purchasing Agent shall transmit all copies of
such purchase order to the Director of Finance who shall examine the same and shall
ascertain in there is to the credit of the agency of the City for whose benefit such
purchase is to be made, a sufficient unencumbered appropriated balance in excess of
all unpaid obligations to defray the amount of such order.
2.24.140 Encumbrance of funds.
Upon ascertaining that there is to the credit of the agency for whose benefit the
purchase is to be made, a sufficient unencumbered appropriated balance in excess of
all unpaid obligations to defray the amount of such order, the City Controller shall
encumber for the amount of the purchase order the unencumbered appropriated
balance indicated on his or her records for such agency.
Approval of such purchase order by the Controller shall constitute certification that
there remains to the credit of such agency an unencumbered appropriated balance in
an amount sufficient to cover such expenditure. The City Controller shall retain one
copy of the purchase order and forward the remaining copies to the Purchasing Agent.
2.24.150 Forwarding of purchase order.
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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.
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
out a payment request form, attaching thereto the packing lists, if any, and return the
same to the 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.
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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.
2.24.180 Specifications.
No purchases shall be made by the Purchasing Agent without first ascertaining that
specifications for the supplies, materials, equipment or contractual services heretofore
have been approved by the City Manager or someone authorized by him or her.
The Purchasing Agent shall be responsible for the preparation of all specifications
and it shall be the duty of each department head of the City to render such assistance to
the Purchasing Agent in the preparation thereof a s he or she may require.
2.24.190 Supplemental administrative orders.
The City Manager may prescribe from time to time, by administrative order, such
supplemental instructions as he or she may deem necessary to implement these rules
and regulations in order that the objects and purposes of this Chapter may be
accomplished.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
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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 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney