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HomeMy WebLinkAboutOrdinance #2047 ORDINANCE NO. 2047 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO NEW CHAPTER 3. 03 ENTITLED "PROFESSIONAL SERVICES" The City Council of the City of Huntington does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding thereto new Chapter 3 . 03 entitled "Professional Services" to read as follows : 3 . 03. 010 Purpose. This chapter is adopted in order to provide a uniform procedure for the contracting of professional services by the City of Huntington Beach which will insure that such services are engaged on the basis of demonstrated compe- tence and qualifications for the types of services to be performed at a fair and reasonable price to the City. This chapter is further required in order to establish procedures for the proper evaluation of firms interested in contracting with the City, which evaluation shall insure maximum partic- ipation by all entities including small and local business entities . 3. 03 . 020 Definitions . (a) "Consultant" means a professional individual, firm or entity. (b ) "Director" means the department head or his author- ized representative vested with the authority to administer the provisions of this chapter with respect to contracting for professional services . (c ) "Professional services" means those services which require a special skill or expertise including but not limited to the services of architects, engineers, environmental consult- ants, attorneys, accountants, appraisers, or where the service contracted for deals with public relations or promotions, elections, services and related activities, negotiations for the acquisition of land, banking, insurance, bonds or any other service of a similar nature to the above engaged for a particular project or series of projects . Other miscellaneous services WSA: cs 1. which by their nature are not readily or efficiently procured by competitive bidding are included in this definition. Professional services shall be divided into the following categories : (1) General services includes services which pertain to collecting, interpreting, and reporting information together with the analysis and the formulation of conclusions and recom- mendations based on such information. These services might include the preparation of technical data, but generally in- volve services of a relatively routine nature which would normally be performed by city staff except for time limitations, special circumstances or such other reason as may be approved by the City Administrator. The services of planners, accountants, attorneys, appraisers and other professionals (other than architects and engineers ) will ordinarily be included in this category. (2) Special services includes services which require a detailed consultation with a wide variety of sources or require substantial technical resources to prepare recommen- dations, guidelines or reports on matters of significant complexity. Special services may involve authority to employ or associate with additional consultants and/or city staff. The employment of architects and engineers in situations re- quiring the exercise of substantial, professional judgment is included in this category. (d) "Responsible proposal" means an offer to perform professional services for the City in conformity with the specifications, conditions and other requirements included in the requests for proposals. (e) "Request for proposal" means a request for the submission of a proposal in accordance with specifications , conditions and other requirements included in the request . 3 . 03 . 030 Procedures . The procedures outlined in Sections 3. 03. 0 TO to 3 .03 . 070 shall govern the contracting for profes- sional services in the city of Huntington Beach, except as set forth in Section 3 . 03. 080, Exempt and Emergency Procedures . 3. 03 . 040 Selection guidelines. In all cases, the final selection of a consultant shall include consideration of the following factors : (a) actual capability to complete the project in conform- ance with the specifications, conditions and other requirements of the City of Huntington Beach; 2. (b) demonstrated ability to prepare professional, accu- rate and timely finished products irrespective of unusual or difficult circumstances; (c ) a reasonable contract price in relation to the size, quality and time restraints of the proposed project with due consideration of competitive proposals . 3. 03. 050 Professional register. The City shall encourage consultants engaged in the lawful practice of their profession to submit statements of qualifications and performance data to the City for inclusion in a register of professional consult- ants . All consultants submitting such statements shall be included on the register of professional consultants ; provided, however, that the City Council may order the removal of any consultant from the register for any reason deemed appropriate by the City Council. Such removal shall not reflect upon the professional competency or qualifications of any consultant so removed. The city purchasing official shall maintain the pro- fessional register and may establish subcategories of profes- sional services for which consultants may specifically register. The register shall be kept current and no consultant who failed to file a statement shall be retained in the register. Consult- ants on the professional register will be required annually by the purchasing officer to update their statement of quali- fications, indicate their desire to maintain the existing state- ment as filed, or indicate their desire to be deleted from the register. 3 . 03 . 060 General services . The procedure for the con- tracting of general services is as follows : (a) The director of the department primarily responsible for the particular project shall prepare a written statement of the specifications, conditions and other requirements for the requested professional services, file same with the purchasing officer and provide a copy to consultants who may wish to perform the service . Such written statement shall include a detailed explanation of the reasons why competitive bidding processes are not suitable for the procurement contemplated. Each such written statement shall then be approved by the City Administrator who shall give his written approval to procurement . (b) The director shall then evaluate the current statements of qualifications and performance data in the professional registry, together with those that may be submitted or solicited from other firms regarding the proposed project . 3 . (c ) The director shall obtain informal written proposals from the available qualified consultants, conduct discussions with them regarding the project if such discussions are indi- cated by the complexity of the project, and based upon the selection guidelines established in Section 3 . 03. 040 and the criteria established by him select from the responsible pro- posals submitted to him, in order of preference, not less than three (3) of the consultants deemed to be the most highly qualified to provide the services required, and submit his recommendation to the City Council . Where fewer than three (3 ) proposals are received, these will be submitted to the City Council in the order of preference. (d) Where it has been established that the service can only be provided by a single source, a report of such findings shall accompany the recommendation to the City Council . (e) The City Council shall select one of the consultants so recommended which selection shall be based upon the criteria listed in Section 3 . 03. 040 and instruct the director and the City Attorney to negotiate a contractual agreement with the consultant so selected and authorize the City Clerk and Mayor to execute the final agreement . (f) The director shall then negotiate a contractual agree- ment with the consultant so selected subject to final approval as to form by the City Attorney, as to content by the City Administrator, and by the City Council. (g) The director for whom the services are performed shall submit a confidential, written evaluation, which evalu- ation shall be filed with the purchasing officer, of the per- formance of the consultant upon the completion of the services proposed, which evaluation shall be attached to the statement of qualifications and performance data submitted to the City by the consultant . 3. 03 .070 Special services . (a) The following formal, proposal procedure shall be utilized in connection with the retention of consultants for special services : (1 ) Notice Requesting Proposals . Notices requesting proposals shall include a general description of the services to be performed, shall state where proposal blanks and speci- fications may be secured, and the time and place for review of proposals . 4 . (i ) Published Notice . Notices inviting pro- posals shall be published at least ten (10) days before the date of review of proposals . Notices shall be posted in at least three (3) public places in the city that have been designated by ordinance as the places for posting public notices . The City Council may also require that the notice be published in a newspaper of general circulation, printed and published in the County of Orange and in statewide trade journals when such statewide notice is otherwise required by law. (ii) Professional Registry. The director for whom the services will primarily be performed shall also solicit proposals from not less than three (3) responsible prospective consultants whose names are on the professional registry. (iii) Bulletin Board. The Director shall also advertise pending professional service requests by a notice posted on a public bulletin board in city hall. (2 ) Proposal Opening Procedure . Sealed proposals shall be submitted to the purchasing officer and shall be identified as proposals on the envelope. Proposals shall be opened in public at the time and place stated in the public notices. A tabulation of all proposals received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the proposal opening. (3) Rejection of Proposals . In its discretion, the City Council may reject any and all proposals presented and may elect to re-advertise for proposals pursuant to the procedure hereinabove prescribed. (b) The City Council may determine that the formal proposal procedure is not appropriate in any given circum- stance, in which event the City Council shall require the director to obtain requests for proposals for the project in accordance with the provisions set forth in Section 3. 03 . 060, General Services . The City Council can also request the director to obtain requests for proposals in addition to the formal proposal procedure set forth above. In either of the above circumstances, the director shall utilize the speci- fications, conditions and other requirements adopted by the City Council in inviting requests for proposals . (c ) The director for whom the services are primarily to be performed shall select not less than three (3) consultants 5 . from the professional consultants submitting responsible proposals. Such selection shall be based upon the criteria outlined in Section 3 . 03. 040. (d) The director for whom the services are primarily to be performed and the directors of two (2) additional depart- ments of the city shall conduct discussions with the consult- ants so selected and shall prepare a recommendation to the City Council, based upon the criteria established by the City Council, of the consultants deemed by them to be most highly qualified to provide the services required in order of pref- erence . A tabulation of all formal proposals received shall be attached to the directors' recommendation. The City Council may, at its discretion, reserve the right to interview and otherwise evaluate any of the consultants submitting formal proposals. (e) The City Council shall direct the director and the City Attorney to negotiate a contract with the consultant they deem best qualified. Should they be unable to negotiate a satisfactory contract with the consultant considered to be the most qualified at a price determined to be fair and reasonable to the City, negotiations with that consultant shall be for- mally terminated. The director and the City Attorney shall then undertake negotiations with the next most qualified consultants in order of preference established by the directors in their recommendation until the City Attorney and he are able to negotiate a satisfactory contract with a consultant . If the director and the City Attorney are unable to negotiate a satisfactory contract with any of the firms selected by the City Council, the directors shall select additional firms in order of their competence and qualification and negotiations shall be continued in accordance with this chapter until a satisfactory agreement is reached or until the City Council directs that all negotiations shall terminate. (f) The City Council shall approve the final negotiated contract, subject to approval as to form by the City Attorney, and approval as to content by the City Administrator and authorize the City Clerk and Mayor to execute the final con- tract . The director for whom the services are performed shall submit a confidential, written evaluation, which evaluation shall be filed with the purchasing officer, of the performance of the consultant upon the completion of the services proposed, which evaluation shall be attached to the statement of the qualifications and performance data submitted to the City by the consultant . 6. 3. 03. 080 Exempt and emergency procedures. The need for certain budgeted and emergency and exempted procurements are recognized. An emergency shall be deemed to exist if: (a) there is a great public calamity; (b) there is immediate need to prepare for national or local defense; (c ) there is a breakdown in machinery or an essential service which requires the immediate attention of a profes- sional in order to protect the public health, safety or wel- fare . (d) an essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procedure would cause an undue delay in the pro- curement of the needed services. 3 . 03. 090 Authorization by purchasing officer. In case of an emergency which requires the immediate retention of a professional consultant , the City Council may authorize the purchasing officer to secure by the open-market procedure, at the lowest obtainable price consistent with professional standards , any professional services regardless of the amount of the expenditure. A full report of the circumstances of all emergency purchases shall be filed with the City Council by the purchasing officer and shall be entered in the minutes of said Council . 3. 03.100 Authorization by department heads . The head of any department for which such services are required may, with the approval of the City Administrator contract directly for any professional services in the amount of Two Thousand Five Hundred Dollars ($2,500) or less when procurement of such services has been budgeted. 3 . 03.110 Exemptions . Exempted from the provisions set forth in the above sections are those services which would not involve the expenditure of city funds but would be financed through fees such as development processing, environmental impact reports, plan check, etc . , provided, however, that the director for whom the services are primarily to be performed shall obtain proposals for the project in accordance with the provisions set forth in Section 3. 03. 060. SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage 7. of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a: regular meeting thereof held on the 5th day of April, 1176 . 41 ATTEST* City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: c City Administrator 1��� 1ty At -orne APPROVED BY INITIATING DEPARTMENT Ord. No. 2047 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of member$ of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular adjourned meeting thereof held on the 22nd day of March 1976 , and was again read to said City Council at a regular meeting thereof held on the 5th day of April 1976 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Wieder, Coen, Duke, Shipley, Gibbs NOES: Councilmen: Matney ABSENT: Councilmen: None City Clerk and ex-of ficio Clerk' of the City Council of the City of Huntington Beach, California !, Alicia M. 1Nentaaerth CITY CLERK of the City of Huniin ton Leach and ex-offic o Clerk of the City Caurc+t, d4 hereby certify that *S ordinance hus laser► 5l{shed in the iurrt'nston L,each News an 19 . fn acc•srdance with `he City Ch .er I said 01#- ........ALrw,A M. W�fi7WG1 ......