Ignoring 35 written comments opposing the $4mm San Marino Center renovation, our City Council voted 3 to 2 to proceed with a no-bid $349,660 architectural services contract award that would lead to a $4mm renovation of the San Marino Center.
The services contract was
awarded without competitive bidding as required by our Ordinance and Municipal
Code. Mayor Gretchen warned the council “I
don’t think it would be legal for us to enter into this today without that
process (competitive bidding) and without receiving at least 3 bids.”
Zane Hill's Tribune articles quoted Councilman Talt saying "That's one of the reasons why you have this professional services exception," and Public Works Director Throne said “he recommended continuing to work with Crane….” as justification for waiving formal bidding. Both are incorrect. Dispensing with competitive bidding is not an authority invested in the Director for procurement of services.
Ordinance O-20-1633 that amended SM Municipal Code 02.06.05 was cited by Mayor Gretchen during the CC meeting as requiring 3 bids. She is correct. She is also correct in questioning the legality of the Crane agreement process that does not conform to SM Municipal Code 02.06.05.
SM Municipal Code 02.06.05 is for “PROCUREMENT OF GOODS, SERVICES AND CONTRACTS FOR PUBLIC PROJECTS”
Under section B.5 for " Procurements Greater Than Thirty Thousand Dollars: Written notices inviting bids for procurement of goods and written requests for proposals to procure services shall be provided to at least three (3) vendors and to all vendors requesting to receive notices inviting bids and requests for proposals for the types of services or goods to be procured. With the exception of contracts for services, the award shall be made to the lowest responsible bidder."
Councilman Talt voted for the Ordinance and should know that the only exception for services is the award does not have to be to the lowest bidder. But there
are still bidders. Read the code: there is no “professional services exception”
to formal bidding for procurements over $30,000..
The authority Director Throne
does seem to have is that the person responsible for the procurement may select
the winning bid for services which does not have to be the lowest bid. But he does NOT have the authority to use his recommendation of a vendor to dispense with bidding.
San Marino Ordinance O-20-1366 on Scribd
San Marino Staff Report to ... on Scribd
