(A) Professional services are unique by their nature; therefore, they are not subject to competitive bidding. When procuring specialized services, the city is principally dependent upon the skill, integrity, judgment, and ability of the service provider rather than the dollar cost of the direct labor and material. Pursuant to § 37103 of the Cal. Government Code, “the legislative body may contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal or administrative matters. It may pay such compensation to these experts as it deems proper.” When contracting for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services, requirements of §§ 4525 through 4529.5 of the Cal. Government Code must be met unless the Chief Executive Officer determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest.”
(B) For outsource services such as City Attorney, waste collection services, information technology, and other ongoing professional services, the City Council may extend such contracts upon evaluation and recommendation. Upon a successful evaluation, the contract may be extended.
(C) The agreement will normally give both the city and the contractor/consultant the ability to end the contract with 30 days (or longer) notice and may give the city (or the City Council) the ability to terminate the agreement at any time.
(D) Contracts for legal defense, legal advice, or legal services are specifically exempt from competitive bidding in the California Public Contract Code (“PCC”). The City of Baldwin Park will follow state law and the PCC regarding all legal services. PCC § 10335.5 (c)(4) states as follows: “the following consulting services contracts are exempt from the advertising and bidding requirements of this article… (4) contracts for legal defense, legal advice or legal services.” See Public Contract Code § 10335.5(c)(4).
(E) Professional services, except contracts for legal defense, legal advice, or legal services, shall be obtained by soliciting at least three requests for proposals (RFPs) or request for qualifications (RFQs). For amounts up to $50,000, three written or verbal proposals can be obtained, and the CEO may approve and enter into the agreement. For amounts between $50,001 and $100,000, three informal written proposals can be obtained. For amounts over $100,000, three formal written proposals are required. All agreements over $50,000.01 shall be approved by the City Council and signed by the Mayor. The City Council may also direct staff to waive the RFP or RFQ process for professional services in the situation of emergency, in conformity with § 34.23 and under circumstances of when it is not in the best financial interest of the public.
(F) For all professional service contracts, over $24,999.99, except contracts for legal defense, legal advice, or legal services, the standard Consultant Agreement shall be used and a separate “Scope of Work” attached. Once completed, these documents shall be submitted to the City Attorney for review and approval.
(Ord. 1457, passed 12-2-20; Am. Ord. 1509, passed 5-15-24)