Sec. 3-10.401. Award of professional, management, general or special services contracts based upon competence.
   Factors to Consider. In contracting for professional services listed in Government Code Section 4526, selection shall be based on demonstrated competence and on professional qualifications necessary for the satisfactory performance of the services and solicited through a Request for Qualification process.
   In contracting for professional services (other than those professions listed in Government Code Section 4526), management, general or special services 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.
   (a)   Request for Proposal/Qualifications. The acquiring of services shall be procured through negotiated contract following a Request for Proposal/Qualifications process. Contracting for services is decentralized and shall be the responsibility of the Department Head requesting the service. The Purchasing Agent may be contacted to assist in the formal Request for Proposal/Qualification (RFP/Q) process. Consultants/contractors, who assist in drafting specifications and/or design a project, are prohibited from bidding on the construction project.
   (b)   Contracts, not within (a) above, for an amount less than Five Thousand and no/100th ($5,000.00) Dollars. A Department Head may award contracts up to Five Thousand and no/100th ($5,000.00) Dollars with qualified consultants/firms.
   (c)   Contracts for an amount exceeding Five Thousand and no/100th ($5,000.00) Dollars but not more than Seventy-five Thousand and no/100th ($75,000.00) Dollars. The requesting department shall meet the following requirement unless an urgency exists pursuant to Sec. 3-10.205 above:
      (1)   Selection Process. Prepare an informal written document and contact as many companies as necessary to receive a minimum of three (3) written responses from consultants/firms. This requirement may be waived for good cause in writing by the Department Head and Purchasing Agent in consultation with one another.
      (2)   Award. The Department Head shall prepare a written recommendation to the Purchasing Officer for the firm or person to be awarded the contract. The Purchasing Officer shall award the contract.
      (3)   Contract Document. A written contract must be established and contracts for an amount of Twenty-five Thousand and no/100th ($25,000.00) Dollars or less shall be approved/awarded by the Department Head. The City Manager or designee must sign/approve any service contract in an amount exceeding Twenty-five Thousand and no/100th ($25,000.00) Dollars but not more than Seventy-five Thousand and no/100ths ($75,000.00) Dollars.
   (d)   Contracts for an amount exceeding Seventy-five Thousand and no/100ths ($75,000.00) Dollars and over. Departments shall utilize a Sealed Request for Proposal process essentially meeting the following requirements unless an urgency exists pursuant in Section 3-10.205 above:
      (1)   Request for Proposal/Qualification (RFP/Q) solicitation process. A formal Sealed Request for Proposal/Qualification herein ("RFP/Q") document shall be developed for solicitation of professional, management, or general and special services contracts for an amount exceeding Seventy-five Thousand and no/100ths ($75,000.00) Dollars.
      (2)   Advertisement. The department shall advertise in appropriate publications and/or use the Professional Services Listings, as available, and post on the City's purchasing website, during the solicitation process.
      (3)   Fourteen (14) Day Notice. Notice inviting RFP/Q's shall be posted at City Hall at least fourteen (14) calendar days before the due date of submission of the RFP/Q.
      (4)   Notice Contents. The notice shall include a description of general type of service needed, how the RFP/Q minimum Scope of Work can be obtained, any pre-proposal conferences anticipated, the requirement of a written sealed proposal, state the closing date, and place and time for submission of the RFP/Q.
      (5)   Solicitation Procedure. Sealed Request for Proposals/Qualifications should be submitted to the department. RFP/Q's need not be opened publicly. All proposals shall be analyzed by the department for compliance with RFP/Q requirements, value of the total scope of services. Follow-up interviews of the most qualified of those submitting a proposal should be held.
      (6)   Award. Professional, Management, General, and Special Services contracts of an amount exceeding Seventy-five Thousand and no/100th ($75,000.00) Dollars shall be awarded by City Council.
      (7)   Contract Amendments. The City Manager is authorized to issue Contract Amendments as set forth:
         (i)   If the contract was originally executed for an amount of Seventy-five Thousand and no/100th ($75,000.00) Dollars or less, the City Manager shall have the authority to issue Contract Amendments, provided that the sum of all amendments, plus original contract amount, shall not exceed Seventy-five Thousand and no/100th ($75,000.00) Dollars. If the amended contract will exceed Seventy-five Thousand and no/100th ($75,000.00) Dollars, the City Council shall make a finding that it is in the best interest of the City to waive the normal selection process and approve the amendment to the contract.
         (ii)   For a contract originally executed for an amount of Seventy-five Thousand and no/100th ($75,000.00) Dollars and over and originally approved by City Council, the City Manager shall have authority to issue contract amendments, provided that the sum of all contract amendments for any single contract shall not exceed the amount approved by City Council. If the amended contract will exceed the amount previously approved by City Council, the contract amendment must be approved by City Council.
      (8)   Master Professional Services Contracts. For those professional services as defined in Government Code Section 4526, master single or multi-year contracts with several consultants with a general scope of work may be set up for a total not-to-exceed dollar amount as approved by City Council.
         (i)   A formal Request for Qualification process shall be used in accordance with Municipal Code Sec. 3-10.401(d) and awarded based on qualifications plus reasonableness of cost.
         (ii)   Task Orders shall be issued pursuant to the Master Contract with a specific scope of work and the Department Head shall have authority to execute such Task Orders for individual projects for Twenty five Thousand and no/100th ($25,000.00) Dollars or less. The City Manager shall have the authority to execute such Task Orders over Twenty-five Thousand and no/100th ($25,000) Dollars, but not more than Seventy-five Thousand and no/100th ($75,000) Dollars.
         (iii)   Any Task Orders in an amount exceeding Seventy-five Thousand and no/100th ($75,000.00) Dollars will require City Council's approval pursuant to the terms of the Master Contract.
(§ 1, Ord. 1638-NS, eff. January 12, 2018)