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HomeMy WebLinkAboutRevision of Policy related to approval of Professional Servi PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. (ITY00. COUNTY OF ORANGE HU LEGAL ONIIEA(H ) I �LEGAL NOTICE ' ORDINANCE NO.3853 Adopted by the City Council on ' 1 am a Citizen of the United States and a i JARDINAN E OF-T AN ORDINANCE OF-THE resident of the County aforesaid; I am BIEACHF AMETND NG ;CHAPTER 3.03 OF'THE over the age of eighteen years, and not a HUNTINGTON BEACH party to or interested in the below entitled iMUNIGIPAL CODE RE- (EATING TO PROFES- SIONAL'SERVICES CON- matter. I am a principal clerk of the SYNOPSIS:EACH YEA THE I HUNTINGTON BEACH INDEPENDENT, ;ENTERS INTO OVERGITY 100. PROFESSIONAL SERVICE a newspaper of general circulation, CONTACTS AN OVER $10 MILD- printed and published in the City of LION. IN ORDER TO STRENGTHEN THE RE Huntington Beach, County of Orange, ,VIEW AND DFOR APPROVAL, THESE State of California, and that attached EXPENDITURES_ T ATIIVEU REGULATION 228 HAS BEEN REVISED. Notice is a, true and complete copy as THE CITY ADMINISTRA- TOR'S OFFICE WILL RE- was printed and : published : in the THE USEQOFsOUTSi E .Huntington .. Beach issue of said VICESE"UPI,RONT,SSE= ,FORE THE PROCURE- newspaper to wit the Issue(s) of. MENT,PROCESSBEGINS. CHAPTER 3.03 OF THE HUNTINGTON BEACH MUNICIPAL CODE SETS FORTH,THE GUIDELINES ANDYROCEDURES USED January 28, 2010 O THE PROCUREMENT OF PROFESSIONAL SER- VICES. IN ORDER TO BE CONSISTENT WITH OUR ICURRENT ORGAN- IZATIONAL STRUCTURE, IT IS NECESSARY TO UPDATE THE MUNICIPAL ,CODE .TO REFLECT THE. TITLE CHANGE FROM ,CENTRAL SERVICES MANAGER TO DIRECTOR declare, under penalty ofperjury, that IS FINANCE WHERE IT N Y 'CURRENT CODE.'IN THE ;PASSED,'AND ADOPTED the foregoing is true and correct. by the City.Council of the,City of Huntington rBeach at a regular meeting held January Executed on February 3, 20101 ing 2010 by the follow - ,roll call vote:;. .AYES: Carchio, Hardy, at Costa Mesa, California. Green, Bohr,I Dwyer, Hansen' 'NOES:None ABSTAIN:.None ABSENT:Coerper THE FULLTEXT'OFTHE ORDINANCE IS AVAIL 'ABLE IN THE CITY S i g n atuTe I CLERK'S OFFICE. This ordinance Is-effec- tive 30 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON *BEACH, CA 92648 714-536-5227 JOAN L.FLYNN, 'CITY CLERK Published Huntington Beach Independent;Jan- uary 28,2010 .014-310 . 0", d✓z=� Council/Agency Meeting Held:^�/d- d/ Deferred/Continued to: ///9/,X0/0 0 pprov d 0 Cgpditio Ily A pro ed ® Denied City er 's ignatur �Y Council Meeting Date: 12/21/2009 Department ID Number: FN 10-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CIT ;FFINANCE CIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIOR PREPARED BY: BOB WINGENROTH, DIRECTOR � �� L� SUBJECT: REVISION OF PROFESSIONAL SERVICES CONTRACTS CHAPTER 3.03 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Strengthen and update procedures for the contracting of professional services. Funding Source: None Recommended Action: Motion to: 1. Adopt Ordinance No. 3853 of the City of Huntington- Beach amending Chapter 3.03 of the Huntington Beach Municipal Code relating to Professional Services Contracts. Alternative Action(s): Do not adopt the ordinance and direct staff accordingly. Analysis: Each year, the City enters into over 100 professional service contracts and . spends over $10 million. In order to strengthen the review and approval process for these expenditures, Administrative Regulation 228 has been revised. The City Administrator's Office will review requests for the use of outside professional services "up front," before the procurement process begins. Chapter 3.03 of the Huntington Beach Municipal Code sets forth the guidelines and procedures used in the procurement of professional services. In order to be consistent with our current organizational structure, it is necessary to update the Municipal Code to reflect the title change from Central Services Manager to Director of Finance where it is referenced in the current code. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/21/2009 DEPARTMENT ID NUMBER: FN 10-002 Strategic Plan Goal: Maintain our financial reserves. Environmental Status: Not applicable. Attachrnent(s): Number' . Descriptioli 1. Ordinance No. 3g53 amending Chapter 3.03 of the Huntington Beach Municipal Code relating to Professional Services Contracts. -2- 12/2/2009 7:09 AM ATTACHMENT # 1 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. (3375-11/97,3511-10/01) (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) 41277 1 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 19th day of January 20 10 M o ATTEST: INITI TED AND APPROVE City Clerk Director of Finance REVIEW D APPROVED: APP VED AS TO FORM: C' Aninistrator j It 6 Cit Attorney A - l 1-)5-011 41277 2 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. AWES: 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 OA&IM) oil- Joan L. Flynn, City Clerk ' y Clerk and ex-offici lerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California KEY INSERTIONS: Double underline DELETIONS StFket " ORDINANCE NO. 3853 LEGISLATIVE DRAFT CHAPTER 3.03 PROFESSIONAL SERVICES (2047-5/76,2464-12/80,2590-1/83,2945-7/88,3097-4/91,3375-11/97,3511-10/01,3604-06/03,3734-05/06) Sections: 3.03.010 (Repealed, 3511-10/01) 3.03.020 Definitions 3.03.030 (Repealed, 2590-1/83) 3.03.040 Selection guidelines 3.03.050 (Repealed, 2590-1/83) 3.03.060 Procedure 3.03.070 (Repealed, 2590-1/83) 3.03.080 Exempt and emergency procedures 3.03.090 (Repealed, 3511-10/01) 3.03.100 Authorization by Department Directors 3.03.110 (Repealed, 3 511-10/01) 3.03.120 Existing agreements 3.03.020 Definitions. (a) "Consultant" means any provider of services under this Chapter as an individual, partnership, corporation or otherwise. (2047-5/76,2590-1/83) (b) "Director" means the Department Head or his/her designee as approved by City Council resolution, vested with the authority to administer the provisions of this Chapter with respect to contracting for services. (2047-5/76, 2590-1/83, 3511-10/01,3604-6/03) (c) "Professional Services" means those services, which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code Section 3.02. Such services shall include but not be limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. (2047-5/76,2590-1/83, 3375-11/97, 3511-10/01) 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 conformance with the specifications, conditions and other requirements of the City of Huntington Beach; (b) Demonstrated ability to prepare professional, accurate 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. (2047-5/76) 3.03.060 Procedure. The procedure for the contracting of services is as follows: Huntington Beach Municipal Code Chapter 3.03 Page 1 of 3 09-2298/41276 KEY INSERTIONS: Double underline DELETIONS S#` et (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 Eefftral 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. (3734-05106) (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 hire/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. (3375-11/97,3511-10/01) (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) 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) 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; (3511-10101) 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 interagencyAgreements. 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 Huntington Beach Municipal Code Chapter 3.03 Page 2 of 3 09-2298/41276 KEY INSERTIONS: Double underline DELETIONS StFke �r 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 Eel Director of Finance or his/her designee, may be let without competitive bidding or negotiation. (3734-05/06 3.03.100 Authorization by Department Directors. The Director of any department for which such services are required may contract directly for any professional services when procurement of such services has been budgeted and there are sufficient unencumbered appropriated funds available, or wherein the cost of which will be fully paid or reimbursed to the City. The annual budget for the fiscal year in which the agreement is entered into shall provide a general description of the work to be performed. (2047-5/76,2945-7/88, 3375-11/97, 3511-10/01) The complete original of the executed agreement and the names of the consultants who submitted proposals shall be forwarded to the City Clerk. A complete copy of all approved insurance certificates and subsequent renewals shall be filed with the Risk Manager. (3511-10/01) 3.03.120 )Existing agreements. The terms and conditions of any existing professional services agreement may be modified so as to increase or decrease the term, compensation, scope of work or otherwise,by mutual agreement of the City and the consultant selected. However, at no time shall an agreement be amended to extend an agreement beyond three years from receipt of the original request for proposals without compliance with the bid procedure established by Huntington Beach Municipal Code Section 3.03.060. (2390-9/79, 3511-10/01) Huntington Beach Municipal Code Chapter 3.03 Page 3 of 3 09-2298/41276 RCA ROUTING SHEET INITIATING DEPARTMENT: Finance SUBJECT: Revision of Professional Services Contracts Chapter 3.03 COUNCIL MEETING DATE: December 21, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLAHAT�OH FOR^SNG ATTACHMENTS RENIEWED'�� °� o°� \ RETURNED FOR RDED Administrative Staff Deputy City Administrator (Inityal) City Administrator Initial City Clerk EXPLANATION FOR RETURN OF'ITEM: Only) RCA Author: Bob wingenroth