HomeMy WebLinkAboutOrdinance #3853 ORDINANCE NO. 3853
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 3.03 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PROFESSIONAL SERVICES CONTRACTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 3.03.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.03.060 Procedure. The procedure for the contracting of services is as follows:
(a) The Director of the department primarily responsible for the particular project shall prepare a
written statement defining the necessity and scope of the project, and submit it to the
Director of Finance. Upon approval by the City Administrator and the Director of Finance,
the Director shall prepare a written statement of the specifications, conditions and other
requirements for the requested services and provide a copy to consultants who may wish to
perform the service. (3734-05/06)
(b) Except as identified in Section 3.03.080, the Director, or his / her designee, shall request
written proposals from not less than three (3) available qualified consultants. He shall
thereafter conduct discussions with them regarding the project if such discussions are
indicated by the complexity of the project, and based upon the selection guidelines
established in section 3.03.040 and the criteria established by him/her, select the consultant
from the responsible proposals submitted to him, deemed to be the most highly qualified to
provide the services required. (3734-05/06)
(c) If the procurement has been budgeted, contractual agreement shall be negotiated with the
consultant subject to final approval as to form by the City Attorney, and as to content by the
City Administrator. (3375-1 v97,3511-10/01)
(d) If the procurement has not been budgeted, then the Director shall prepare a request for
appropriation for the City Administrator to submit to the City Council in the usual prescribed
manner.
(e) The City Attorney shall counsel and advise City officials in the implementation of this
Chapter. (2047-5/76,2590-1/83)
SECTION 2. Section 3.03.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.03.080 Exempt and emergency procedures. The need for certain budgeted and emergency and
exempted procurements are recognized.
(a) An emergency shall be deemed to exist if:
1. There is a great public calamity; (3511-10/01)
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Ordinance No. 3853
2. There is immediate need to prepare for national or local defense; (3511-10/01)
3. There is a breakdown in machinery or an essential service which requires the immediate
attention of a professional in order to protect the public health, safety or welfare;
(3511-10/01)
4. 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
procurement of the needed services. (2047-5/76,3511-10/01)
In the case of an emergency which requires the immediate retention of a professional consultant,
the City Administrator may authorize the Department Director to secure by the open-market
procedure, at the lowest obtainable price consistent with professional standards, any professional
service regardless of the amount of the expenditure. (3511-10/01)
(b) Other interagency Agreements. Procurements utilizing contractual agreements
maintained by other public agencies for the provision of professional services to such
agencies are exempt from the requirements of this Chapter except that the provisions of
Section 3.03.060(c) shall apply in every case and so long as such other agency complied
with its own professional services contract requirements as approved by the Department
Director. (3375-11/97,3511-10/01)
(c) All contracts for performance of professional services for the City which exceed $30,000
shall be awarded in accordance with the procedures of this code. All contracts for
professional services which do not exceed $30,000, with prior approval of the Director of
Finance or his / her designee, may be let without competitive bidding or negotiation.
(3734-05/06)
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19 th day of January , 20 10
OF M o
ATTEST: INITI TED AND APPROVE
City Clerk UDirector of Finance
REVIEW D APPROVED:
APP VED AS TO FORM:
Cio A inistrator
l)� 6 C4 Attorney
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Ord. No. 3853
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members 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
meeting thereof held on December 21,2009, and was again read to said City Council at a
regular meeting thereof held on January 19, 2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: Coerper
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on January 28,2010.
In accordance with the City Charter of said City
Joan L. Flynn,Cfty Clerk Uy Clerk and ex-offici Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California