R-9266
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f \atty\munl\laws\mJm\prop224 res
City Council Meeting 5-12-98
Santa Momca, California
RESOLUTION NUMBER 9266
(City CouncIl Senes)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA OPPOSING PROPOSITION 224,
A STATEWIDE INITIATIVE ON THE JUNE 1998 STATEWIDE BALLOT
WHEREAS, every day billions of dollars of critical building, englneenng and design
projects are underway from seismiC retrofitting and flood control to schools and hospitals,
and
WHEREAS, state, regional and local governments are currently allowed to complete
these projects In a cost effiCient manner by uSing their own staff and/or by competitively
bidding With pnvate fIrms, and
WHEREAS, current practice allows state, regional and local governments the
essential flexibility to use their own staff and/or private firms to deliver a project on time
and Within budget constraints, and
WHEREAS, the "Government Cost Savings and Taxpayers Protection Amendment"
completely changes the process by giVing state employees a virtual monopoly on
designing projects, and
WHEREAS, thiS Will thereby force Cities, counties, schools, special dlstncts, and
regional governments to use state employees to design roads, parks, hospitals, health
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cllmcs, schools, water treatment facIlities, flood control projects and other cntlcal
structures, including all englneenng design, geological and environmental work, and
WHEREAS, the proposed InItIatIve eliminates local control and forces communities
to rely on the state for design work, and
WHEREAS, the state controller would have to analyze tens of thousands of
proposed contracts per year, resulting In delays of local projects and loss of local control
over projects costs,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOllOWS
SECTION 1 The City Council of the City of Santa Momca hereby opposes
Proposition 224, an inItIative on the June 1998 statewide ballot
SECTION 2 The City Clerk shall certify to the adoption of thiS ResolutIon, and
thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM
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MARSHA J i
City Attorney
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S MOUTRIE
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GOVERNMENT COST SAVINGS AND TAXPAYERS PROlECTION AMENDMENT
SECTION 1 TITLE
ThiS measure shall be known and may be Cited as the Government Cost SaVIngs and Taxpayer Protection
Amendment
SECTION 2 PURPOSE AND INTENT
It IS the Intent of the ~90ple of the Stat~ of California in enactlng thIS measure that InglO99nng,
archrtectural, and Similar services provIded by the state end certaIn other entlties be furnished at the
lowest cost to taxpayers, consIStent with quality. health, safety, and the publIC Interest; that contracts for
SUCh seMces be awarded through a competitive bIdding process, free of undue polrtlCal mfluence; and
that contractors be neld fully responsible for the performance of their contracts.
THEREFORE, THE PEOPLE OF THE STATE OF CALIFORNIA 00 ENACT AS FOLLOWS:
SECTION 3. REQUIR.EMENTS FOR CONTRACTS FOR ENGINEERING, ARCHITECTURAL AND SIMILAR
SERVICES
Article VU, section 12 Is hereby added to the CalOOrnla Constitution to read'
(a) This seetlon shall apply to contracts tor englnelring, archltet:1ural. landscape architectural, surveying.
environmental, or engmeenng geology servICes awarded by the state of Callfomla or by any ,tate agency
to any pUblic or pnvate entity. As used In this section, "state agency" rnean8 every' state offICe, offIcer,
agency, department, division, buteau. board, and commission but does not Include the UnIVersity of
Cailfornla. the Callfomla State Umversrty and Colleges, and local publiC entities. "State agency" also
Includes a state agency acting JOIntly With another state agency or with a IocaJ publiC entity As used In this
section, .roCed public entity" means any city, county, city and county, including a chartered city or county.
publiC or munICipal corporation. school dlStnct, sp&CIal district. 8uthonty. or other pubUc entity formed tor
the local performance of governmental and propnetary functIOns within limited boundanea "Local publIC
entity" also Includes two or more local publiC entities acting jointly.
(b) This section shall also apply to contracts for S8Mces specified In subsectton (8) awarded by pnvate
entitles or local pUblIC entities when the contract awarded by the publiC or private entity Involves
expenditure of state funds or mvolves a program, project, facility, 01 public work tOt' which the state or any
state agency has or will have ownersnlp, Ilab1llty, or responsibility fOt' toll&tructlon. operation, or
maurtenanC8. As used in this section. .slate funds. means aU money appropriated by the Legislature for
expenditure by the state or a state agency and aU money Included In special funds that the state or a state
agency controls.
(c) Prior to the award of arry contracrt covered by tnls section, the Controller shall prElpare and venfy an
analYSIS of the cost ot performing the work using slate aw HI'VIC8 employees and the cost of the contract.
In comparing costs, the cost of performing the work uslng s.tate eivil service employees shall Include only
the additIOnal direct costs to the state to provide the same services as tl'le contractor, and the cost of the
contract shall Include all antKlIpated contract costs and all costs to be InCurred by the state, state agsrlCI8I.
and the contractIng entJty for the bidtfrng, evaluatlon, and c:ontract award process and for Inspectl11g.
supervisIng, verifying. monllonng, and overseeing the contract
(d) The contract shall not be awarded tf ed:her of the fonowing condItIOns is met: (1) the Controller's
analysis concludes that state CIVil ServICe employees can perform the work at less cost than the cost of the
contract, unless the HMCeS are such an urgent nature that publlc Interest, health. or safelY requires
award of the contract; or (2) the Controller or the contracting entity concludes that the contract would not
be In the public Interest, would have an adVerse Impact on publIC health or safety. or would result In lower
quality work than If state civil SeMce employees performed the services
(e) Except for contracts tor whICh a delay resulting from the c:ompotltive blddlllg process would endanger
public health or safety, every contract. includIng amendments, covered by this section that exceeds fifty
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thousand dollars ($50,000), adjusted annually to reflect changes in the appropnate consumer prlce Index
as determIned by the Controller, shall be awarded through a publicIzed competitive bIdding proeess
InVQIVlr'lg sealed bids. Eacn contract shall be awarded to the lowest qualifIed bidder It the contract cost
based on the lowest qualified bId exceeds the anticipated contract costs the Controller estimated
pursuant to subsectlon (c). the Controller shall prepare and venfy a revIsed analysIs uSing the contract bid
cost, and that revised analysIS shall be used In applying subsection (d)
(f) For eve'Y contract covered by this section, the contractor shall assume full responsibility and liability for
Its performance of the contract and shall defend, Indemrufy, and hOld the state, the contracting entlty, and
their agents and employees harmless from any legal achon resurtmg from the performance of the contract.
(g) ThIS sechon shall not be applied In a manner that wllJ result in the IOS6 Of federal funding to .".
contracting entity for contracts for servIces
SECTION 4. SEVERABILITY
If any proviSion of thIS Amendment or Its applicabon to any person or circumstance IS held Invalid. that
Invafidlty shall not affect other prOVIsIons or applicatiOns ot the Ameodment which can be given effect
WIthout the invalid proVlSion or applICation, and to this end the proviSIOns of this Amendment are
severable.
SECTION 5. APPLICABILITY OF CURRENT LAW
Nothing In this Amendment shall expand or restrict the state's constitutional authority, as determined by
decISIons of the California Supreme Court and California Couns of Appeal In effect on the effectIVe date of
thiS Amendment, to enter into contracts with pnvate or publiC entlt19s.
SECTION 6. RELATIONSHIP TO OTHER MEASURES
To the extent that any other measure on the same subjeCt ihaIl be on the ballot at the same election. it IS
the intent of the voters that this measure be deemed, to the maximum extent possible, not to be In conflICt
with such other measure, bUt rather that this measure should be harmonIZed with the other measure.
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Adopted and approved thls12th of May, 1998
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Robert Holbrook, Mayor
I, Mana M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that
the foregoing Resolution 9266 (CCS) was duly adopted at a meeting of the Santa
MOnica City Council held on the 12th of May, 1998 by the follOWing vote
Ayes Councllmembers
Ebner, Feinstein, Genser, Greenberg, Holbrook,
Rosenstein
Noes Councllmembers
None
Abstain Councllmembers
None
Absent Councllmembers
O'Connor
ATTEST
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Marla M Stewart, City Clerk