ITEM 8-B
City Council Meeting 5-10-94 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE
SECTIONS 2.24.071, 2.24.072 AND 2.24.073 AND AMENDING
SANTA MONICA MUNICIPAL CODE SECTIONS 2.24.070,
2.24.080, 2.24.090, 2.24.100 and 2.24.120 REGARDING
PURCHASING PROCEDURES AND DECLARING THE PRESENCE OF AN
EMERGENCY
This proposed emergency ordinance would modify the
provisions of the Santa Monica Municipal Code to create an
updated purchasing procedure. In addition to assisting in the
earthquake reconstruction effort by the City, this ordinance, if
adopted, would expedite the implementation of the recommendations
of staff regarding alternative shelter space for individuals
utilizing public spaces for residency. In general, the ordinance
reflects the higher threshold limits set forth in the City
Charter; clarifies the authority of the City Manager or Director
of Emergency Services to act when public health, welfare or
safety mandate action faster than permitted under regular bidding
procedures; and adds new provisions regarding public works and
professional services contracts.
Since this is an emergency ordinance, it requires five votes
of the City Council for adoption. If adopted, this ordinance
would become effective immediately.
RECOMMENDATION
It is respectfully recommended that the accompanying
emergency ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Martin T. Tachiki, Chief Deputy City Attorney
ORDINANCE NUMBER ___ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTIONS 2.24.070,
2.24.80, 2.24.90, 2.24.100 and 2.24.120
REGARDING PURCHASING PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.24.070 is
amended to read as follows:
2.24.070 Competitive bidding.
Pursuant to the terms of Section 1503
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 of the city 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.
SECTION 2. Santa Monica Municipal Code Section 2.24.080 is
amended to read as follows:
2.24.080 Exceptions to competitive bidding.
The competitive bid procedure is not
applicable to those instances where:
(1) 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
exclusive distributors.
(2) Competitive bid procedures have
already been utilized, such as in purchasing
from federal, state or county agencies and
these materials and services are supplied to
the City at the same or better price, as was
obtained through the federal, state or county
competitive bid procedures.
(3) Items to be purchased are for
resale to the public, such as but not limited
to the civic auditorium snack bar or cemetery
plot marking products.
(4) Professional consulting
services are being obtained through a
contract for less than $50,000.00 in
services. Contracts are for professional
services.
(5) Items to be purchased are
cCirculating library materials, including
books, periodicals, films, and recordings.
SECTION 3. Santa Monica Municipal Code Section 2.24.090 is
amended to read as follows:
2.24.090 Informal purchasing procedures.
(1) Convenience Purchase Orders.
(a) Individual purchase related to
the City's maintenance requirements,
amounting to less than $500.00 $1,000.00
aggregate amount per purchase order are
exempted from competitive bid requirements.
(b) In the event that the savings
potential clearly does not justify this
exemption, open market request-for-quotation
procedures shall be followed.
(2) Open Market Orders. Except as
provided in Section 2.24.080 or 2.24.090(1),
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 not more
than $15,000.00 $25,000.00 in amount, shall
be made in the open market, without the
requirement of formal newspaper advertising.
All open market purchases, wherever
possible, shall be based upon not less than
three competitive bids and shall be awarded
to the person offering the lowest and best
bid. The Purchasing Agent shall solicit bids
by direct mail request to prospective
vendors, or by telephone, and by public
notice on the bulletin board in the
Purchasing Department. The Purchasing Agent
shall keep a record of all open market orders
and the bids submitted in competition
thereon, and such records shall also be open
to public inspection.
SECTION 4. Santa Monica Municipal Code Section 2.24.100 is
amended to read as follows:
2.24.100 Formal bidding procedures.
All purchases of supplies, material,
equipment or contractual services, except
professional services, and all sales or of
personal property of the City which has
become obsolete or unusable, or for any other
reason is to be disposed of for any other
reason, of more than $15,000.00 $25,000.00 in
amount or are professional consultant
agreements in excess of $50,000.00, shall be
made after publication in the official
newspaper, by two or more insertions, of
notices inviting bids therefor, the first of
which shall be at least ten days before the
time for opening said bids. At the time
specified in the notice inviting bids, such
bids, shall be opened and declared publicly.
The Purchasing Agent shall tabulate all bids
received pursuant to this section and shall
refer them to the City Manager for
presentation to the City Council, which shall
make the awards. The City Council may reject
any and all bids presented and may
re-advertise in its discretion.
After rejecting bids, or if no bids are
received, the City Council may declare and
determine that, in its opinion, the supplies,
materials, equipment or contractual services
may be purchased under more favorable
circumstances in the open market, and after
the adoption of a resolution to this effect
by at least five affirmative votes, it may
proceed to have such supplies, materials,
equipment or contractual services purchased
in the manner stated, without further
observance of the provisions of this section.
Such purchases 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, or it shall be determined
by such vote of the City Council that to
advertise for bids would be to no avail and
would cause unnecessary expense and delay.
SECTION 5. Santa Monica Municipal Code Section 2.24.120 is
amended to read as follows:
Section 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 any purchase
of supplies, materials, equipment or
contractual services, or whenever a
resolution adopted by the City Council and
declaring the existence of a Local Emergency
is in effect, the City Manager or the
Director of Emergency Services, or their
authorized representatives, may authorize the
Purchasing Agent to secure in the open market
at the best reasonable price, any such
supplies, materials, equipment or contractual
services even though the amount thereof shall
exceed the sum of $15,000.00. $25,000.00. The
City Manager or the Director of Emergency
Services or their representatives are further
authorized to negotiate or execute such
contracts, agreements, applications or other
documents with such other federal, state or
local agencies or other groups and
organizations as are necessary to provide or
to obtain emergency aid, assistance or
services to the City of Santa Monica and to
contract for the immediate expenditure of
public funds to safeguard life, health or
property, including when necessary to protect
public health and safety to expedite,
including, but not limited to shortening all
required notice periods, or waive competitive
bidding procedures for the purchase of
supplies, material, equipment, contractual
services, public works and other City
projects. In each such instance, the City
Manager or the Director of Emergency Services
shall submit to the City Council in writing,
a full explanation of the circumstances of
such emergency, unless the actions occurred
during a declared period of Local Emergency,
which shall become a part of the next ensuing
meeting of the City Council and shall be open
to public inspection.
SECTION 6. 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, are hereby repealed or modified to that extent
necessary to effectuate the provisions of this Ordinance.
SECTION 7. 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 any 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 7. 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 after 30 days from its
adoption.
APPROVED AS TO FORM:
______________________
MARSHA JONES MOUTRIE
City Attorney