HomeMy WebLinkAboutAGENDA REPORT 2019 0717 REG CCSA ITEM 09CCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of July 17, 2019
ACTION Adopted
Resolution No. 2019-3829,
as Amended . BY B.Garza
C. Consider Resolution Adopting Procedures, Rules and Regulations Governing the
Procurement of Personal, Professional, Consulting and Other Contractual
Services That are Exempt from Bidding Procedures per Section 3.04.290 of the
Moorpark Municipal Code. Staff Recommendation: Adopt Resolution No. 2019-
___ on Procedures, Rules and Regulations Governing the Procurement of
Personal, Professional, Consulting and Other Contractual Services That are
Exempt from Bidding Procedures. (Staff: Irmina Lumbad)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Irmina Lumbad, Interim Finance Director
DATE: 07/17/2019 Regular Meeting
SUBJECT: Consider Resolution Adopting Procedures, Rules and Regulations
Governing the Procurement of Personal, Professional, Consulting
and Other Contractual Services That are Exempt from Bidding
Procedures per Section 3.04.290 of the Moorpark Municipal Code
SUMMARY
The Administration, Finance and Public Safety Committee reviewed this professional
procurement policy on July 17, 2019, and recommends the City Council to adopt the
policy.
BACKGROUND AND DISCUSSION
On July 20, 1983 City Council adopted Ordinance 2 which established the Moorpark
Municipal Code, and enacting Title 1 - General Provisions; Title 2 - Administration and
Personnel; and Title 3 - Revenue and Finance. Title 3 includes Chapter 3.04
Purchasing with provisions for efficient procedures for purchase of supplies and
equipment at the lowest possible cost commensurate with quality needed, to exercise
positive financial control over purchase, to clearly define authority for the purchasing
function and to assure the quality of purchases. For consulting and contractual
services, Section 3.04.290 requires that the City Council shall by resolution prescribe
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 contract for which may be awarded
without observing the bidding procedures provided for in this chapter. Such procedures,
rules and regulations shall have as one purpose the obtaining of contractual services of
the highest quality together with cost-effectiveness. Staff is presenting this item to the
City Council for its consideration consistent with Section 3.04.290 of the Moorpark
Municipal Code.
Item: 9.C.
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Honorable City Council
07/17/2019 Regular Meeting
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The City Attorney drafted the policy for Procurement of Personal, Professional,
Consulting or Other Contractual Service For Which Bidding is Not Required Under
Municipal Code. The proposed policy includes:
• Definition for professional services - “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.
• Criteria for selection - 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
higher 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. The information
needed for determining that level of competence other qualifications and
the procedure for selecting such services shall be determined by the City
department responsible for recommending the service contract.
• Process for Request For Proposals/Qualifications (RFP/RFQ) or waiver of
informal bidding based on limits specified by §22032 of Public Contract
Code (PCC)
Process Limits
Without informal bidding or RFP/RFQ COST < PCC §22032.(a) (2019 limit - $60,000)
With informal bidding or RFP/RFQ COST > PCC §22032.(a) (2019 limit - $60,000)
but
COST < PCC §22032.(b) (2019 limit - $200,000)
Formal RFP/RFQ COST > PCC §22032.(c) (2019 limit - $200,000)
• 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
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Honorable City Council
07/17/2019 Regular Meeting
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($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.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Adopt Resolution No. 2019-_____ on Procedures, Rules and Regulations Governing
the Procurement of Personal, Professional, Consulting and Other Contractual Services
That are Exempt from Bidding Procedures.
Attachment: Resolution No. 2019-____
91
RESOLUTION NO. 2019-_____
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.
ATTACHMENT
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Resolution No. 2019-_____
Page 2 of 5
PASSED AND ADOPTED this 17th day of July, 2019.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
Attachment: Exhibit A
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Resolution No. 2019-_____
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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 higher 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. The information needed for determining that level of competence other
Exhibit A
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Resolution No. 2019-_____
Page 4 of 5
qualifications 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) W ithout 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
waived for good cause by the applicable department head and the
purchasing agent in consultation with one another.
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Resolution No. 2019-_____
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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.
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