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Home My WebLink AboutRES CC 2019 3829 2019 0717 RESOLUTION NO. 2019-3829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING PROCEDURES, RULES, AND REGULATIONS GOVERNING THE PROCUREMENT OF PERSONAL, PROFESSIONAL, CONSULTING AND OTHER CONTRACTUAL SERVICES THAT ARE EXEMPT FROM THE BIDDING PROCEDURES OF CHAPTER 3.04 OF THE MOORPARK MUNICIPAL CODE WHEREAS, Section 3.04.290 of the Moorpark Municipal Code requires the City Council to adopt, by resolution, procedures, rules, and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures set forth in Chapter 3.04 of the Moorpark Municipal Code; and WHEREAS, the one purpose that the procedures, rules, and regulations must have is to obtain contractual services of the highest quality together with cost- effectiveness; and WHEREAS; the City Council intends to adopt procedures, rules, and regulations applicable to the procurement of personal, professional, consulting and other contractual services that are exempt from the bidding procedures of Chapter 3.04 of the Moorpark Municipal Code; and WHEREAS, for purposes of meeting this requirement, the City Council intends to adopt the procedures, rules and regulations attached as Exhibit A to this Resolution, in order to fulfill its obligations under Section 3.04.290 of the Moorpark Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Policy, attached hereto as Exhibit A, is adopted as the official policy of the City of Moorpark, pursuant to Moorpark Municipal Code Section 3.04.290, for the procurement of personal, professional, consulting or contractual services that may be awarded without observing bidding procedures set for in Chapter 3.04 of the Moorpark Municipal Code. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. Resolution No. 2019-3829 Page 2 of 6 PASSED AND ADOPTED this 17th day of July, 2019. .:nice S. Parvin, Mayor ATTEST: °A.4w.4.14111, "*.e Ky SfiZer, CP131-er* AOkipAms. il%diret% P6r1P1 Attachment: Exhibit A fl; 44o/ Toe e 0 Resolution No. 2019-3829 Exhibit A Page 3 of 6 Procurement of Personal, Professional, Consulting or Other Contractual Services for which Bidding is not Required under the Municipal Code 1. Purpose The purpose of this policy is to establish procedures, rules, and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal, professional, consulting or other contractual services, the contracts for which may be awarded without observing the bidding procedures set forth in Chapter 3.04 of the Moorpark Municipal Code. This policy is adopted pursuant to Section 3.04.290 of the Moorpark Municipal Code. 2. Definitions A. "City" shall mean the City of Moorpark. B. "Professional services" shall mean all personal, professional, consulting or other contractual services, the contracts for which may be awarded without observing the bidding procedures set forth in Chapter 3.04 of the Moorpark Municipal Code. C. "Purchasing agent" shall mean the City Manager, pursuant to Section 3.04.030.A of the Moorpark Municipal Code. 3. Factors to Consider In contracting for professional services listed in Government Code Section 4526 (currently applicable to private architectural, landscape architectural, engineering, environmental, land surveying, and construction project management firms), selection shall be based on demonstrated competence and on professional qualifications necessary for the satisfactory performance of the services required and at fair and reasonable prices to the City. In contracting for professional services other than those professions listed in Government Code Section 4526, contracts should only be awarded to firms or persons who have demonstrated "adequate competence" meaning: an adequate level of experience, competence, training, credentials, character, integrity, reputation, financial responsibility, resources, equipment, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed and price. The cost of the service may be considered, however, the lowest cost may not be the sole factor in deciding which firm or who shall be awarded the contract. It may be in the City's best interest to award the contract to a contractor who may or may not be the lowest priced contractor based on the scope of services, availability, unique skills, staffing levels, timing, prior experience, familiarity with the City and other factors required by the department. It may also be in the City's best interest to Resolution No. 2019-3829 Page 4 of 6 consider giving preference to a professional services provider with a business located in the City (local business) when professional qualifications and the services to be provide are equal in quality and competency. The information needed for determining that level of competence, other qualifications or local business preference, and the procedure for selecting such services shall be determined by the City department responsible for recommending the service contract. 4. Process A. Request for Proposal/Qualifications. Unless waived as provided in subsection B below, the acquisition of professional services shall be undertaken in the following manner: (1) Without informal bidding or a request for proposals/qualification process, if the work or services will be less than the dollar amount specified in subsection (a) of Public Contract Code Section 22032, as such section may be amended from time to time, and which in 2019 was set at $60,000. (2) With informal bidding or a request for proposals/qualification process, if the work or services will be more than the dollar amount specified in subsection (a) of Public Contract Code Section 22032, as may be amended from time to time, and which in 2019 was at $60,000, but less than the dollar amount specified in subsection (b) of Public Contract Code Section 22032, as may be amended from time to time, and which in 2019 was at $200,000. (3) By formal request for proposal/qualification process, if the work or services will be more than the dollar amount specified in subsection (c) of Section 22032, as may be amended from time to time, and which in 2019 was at $200,000. B. Waiver of Informal Bidding or Proposal/Qualification Process. The purchasing agent may waive the requirement for informal bidding or a request for proposals/qualification process, if the purchasing agent determines, based on consultation with the applicable department head, that the type of work or service to be performed, can be competently and cost-effectively performed by a particular individual, firm or company, based on the purchasing agent's or department head's personal or direct prior experience in contracting with that individual, firm or company. C. Selection Process. Unless otherwise waived in subsection B above, the applicable department head or his or her designee shall contact providers of the sought after professional services in an effort to receive a minimum of three (3) written responses from persons or firms. This goal may be Resolution No. 2019-3829 Page 5 of 6 waived for good cause by the applicable department head and the purchasing agent in consultation with one another. D. Recommendation. Utilizing the factors set forth in Section 3 above, the applicable department head shall prepare a written recommendation to the city manager or his or her designee and, if in excess of the city manager's contracting authority, the City Council, for the firm or person to be awarded the contract. E. Approval Authority. Pursuant to Section 2.12.120 of the Moorpark Municipal Code, the city manager's designee is authorized to approve professional services contracts up to a maximum of ten thousand dollars ($10,000), and the city manager is authorized to approve professional services contracts up to a maximum of fifty thousand dollars ($50,000). The City Council shall award all other professional services contracts in excess of the city manager's contracting authority, as well as those contracts that the city manager refers to the City Council for approval. 5. Other Procedures The purchasing agent is authorized to establish additional procedures, rules, and regulations, which are not inconsistent with this policy and other applicable ordinances, in order to implement this policy. Resolution No. 2019-3829 Page 6 of 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2019-3829 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of July, 2019, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 17th day of July, 2019. Ky S ng er, y Clerk (seal) p pit OA ihi_O -4t* g� ‘001° 99rFQ d V��