O27631
City Council Meeting: November 14, 2023 Santa Monica, California
ORDINANCE NUMBER 2763 (CCS)
(City Council Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING
SANTA MONICA MUNICIPAL CODE SECTIONS 2.24.110 AND 2.24.220(G) TO
DELEGATE AUTHORITY AND ADJUST AS-NEEDED SERVICES AGREEMENT
THRESHOLDS BASED ON CHANGES TO THE CALIFORNIA CONSTRUCTION
INDEX
WHEREAS, In September 2018, Council adopted the Master Services Agreement
(“MSA”) solicitation process, has aided staff in expediting the work of roughly $16.1 million
of small to medium sized CIP projects; and
WHEREAS, through use of the MSAs, City staff has identified proposed procedural
changes to the MSA ordinance that would provide the Director of Public Works delegation
authority, which would accelerate the commencement of small, relatively simple public
works projects; and
WHEREAS, the proposed procedural changes also seek to address construction
cost escalation by adjusting MSA thresholds automatically every five years to the current
California Construction Cost Index; and
WHEREAS, City also seeks to adjust the title to reflect updated terminology and
references.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.24.110 is hereby amended
as follows:
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2.24.110 Director of Public Works authority.
The Director of Public Works, the City Engineer or the Capital Improvement
Manager, is authorized to issue task orders for As-Needed Services Agreements in
accordance with Section 2.24.220(g).
SECTION 2. Santa Monica Municipal Code Section 2.24.220(g) is hereby
amended as follows:
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
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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.
(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) As-Needed 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,
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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 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 one
million dollars for a specifically defined scope of work;
(5) The thresholds for as-needed services agreements and task orders listed in
subsections (3) and (4) shall be subject to increase annually based on changes to the
construction cost index. “Construction cost index” means the construction cost index
published by the California Department of General Services. When calculating the
increases, City shall use the current construction cost index, as well as a construction
cost base index. The construction cost base index shall be the construction cost index in
effect for July 2018. The increased thresholds shall be approved by Council at award of
the as-needed services agreement.
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(6) 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;
(7) The Director of Public Works may reject any and all bids received in
accordance with the standards set forth in subsection (f), above;
(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 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.
SECTION 3. 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 4. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. 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
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newspaper within 15 days after its adoption. This Ordinance shall become effective thirty
days after adoption.
APPROVED AS TO FORM:
________________________
DOUGLAS SLOAN
City Attorney
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Approved and adopted this 14th day of November, 2023.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Esterlina Lugo, acting City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2763 (CCS) had its introduction on
October 24, 2023 and was adopted at the Santa Monica City Council meeting
held on November 14, 2023, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
ATTEST:
_____________________________________ _________________
Esterlina Lugo, Acting City Clerk Date
A summary of Ordinance No. 2763 (CCS) was duly published pursuant to
California Government Code Section 40806.
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11/16/2023