The purpose of this Title is to:
(1)
Establish
procedures for the procurement of Supplies, Services, and construction
of Public Projects, including requirements and procedures for competitive
bidding and identification of exceptions to competitive bidding requirements,
such as sole source Contracts and Contracts undertaken in response
to emergency situations, as recorded in Section 913 of the City Charter;
(2)
Set
forth rules and regulations governing the contracting for, purchasing,
storing, distribution, or disposal of all supplies, materials and
equipment required by any office or department of the city government
as provided in Section 403 of the City Charter;
(3)
Clearly
define the authority for the procurement function including signatory
authority for Purchase Orders and Contracts which bind the City for
the acquisition of equipment, Supplies, labor or Services within the
budget approved by the City Council and within the monetary limits
established by the City Council; as provided in Section 318 the City
Charter;
(4)
Establish
standards or pre-qualifications for the screening of Contractors or
providers of Supplies and Services by a pre-qualification process
as provided in Section 913 of the City Charter;
(5)
Provide
a method for the sale or exchange of personal property not needed
in City service or not fit for the purpose for which intended and
for the conveyance of title thereto, as authorized in Section 318
of the City Charter;
(6)
Simplify,
clarify, centralize, and modernize the ordinance governing procurement
and contracting by the City;
(7)
Streamline
the procurement process by establishing electronic transfer of procurement
information authorizing and identifying electronic methods of procurement
as preferred when lawful and practicable;
(8)
Permit
the continued development of procurement policies and practices;
(9)
Ensure
the fair and equitable treatment of all persons who deal with the
procurement system of the City;
(10)
Provide increased economy in city procurement activities and maximize
to the fullest extent practicable the purchasing value of public monies
of the City;
(11)
Foster effective broad-based competition within the free enterprise
system;
(12)
Provide safeguards for the maintenance of a procurement system of
quality and integrity;
(13)
Obtain in a cost-effective and responsive manner the materials, services
and construction required by City departments in order for those departments
to better serve the City's businesses and residents.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
(1)
General
Application.
This Title applies only to Purchase Orders and Contracts solicited
or entered into after the effective date of this ordinance.
(2)
Compliance
with Federal Requirements.
Notwithstanding the provisions of this Title, federal and state law and any special conditions pertaining to state and federal grants received by the City that will fund a portion or all of a Procurement may supersede and/or supplement the provisions of this Title. In particular, the City shall ensure all Procurement funded in part or in whole with certain federal funding shall comply with those requirements contained in the Code of Federal Regulations, Title 2 "Grants and Agreements," Subtitle A, Chapter II, Part 200, Subpart D "Post Federal Award Requirements," or its successor regulation as may be amended from time to time.
(3)
Compliance
with California Uniform Public Construction Cost Accounting.
Pursuant to and in accordance with Resolution No. 20249 adopted
December 19, 2001, the City Council adopted the Uniform Public Construction
Cost Accounting Act set forth in Public Contract Code section 22000
et seq. (the "Act") with respect to awarding Contracts
or through Force Account to perform Public Projects, as amended in
this Title. In accordance with the Act, the City may utilize the Act's
procedures when contracting for Public Projects, or in its sole discretion,
when contracting for Maintenance Work, or for any other work that
is not otherwise considered a Public Project. The City reserves the
right to use such other more restrictive procedures as required in
this Title or may be adopted by the City from time to time.
(4)
Application
to City Procurement and Contracting.
This Title shall apply to every expenditure of public funds irrespective of their source, including federal assistance monies, (except as otherwise specified in subsection (2) of this section) by this City, under any Contract, except that this Title shall not apply to those exemptions specified in Section 7.01.030. It shall also apply to disposal of City property.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
The provisions of this Title are not applicable to:
(1)
Contracts
for professional witnesses if the purpose of such Contracts are to
provide for Professional Services or testimony relating to an existing
or probable judicial proceeding in which the City is or may become
a party to contracts for special investigative services for law enforcement
purposes;
(2)
Contracts
for special investigative services for law enforcement purposes;
(3)
Agreements
negotiated by the City Attorney or risk manager in settlement of a
dispute, claim or litigation or threatened litigation;
(4)
Agreements
negotiated by the City Attorney regarding worker's compensation
payments for medical and related expenses;
(5)
Contracts
for the purchase of works of fine art and performing art entertainment;
(6)
The
award of financial participation agreements; owner participation agreements;
disposition and development agreements; development agreements; real
estate purchase or lease agreements; covenants; easements; encroachment
agreements; memoranda of understanding; or other similar agreements.
Such Contracts shall be awarded in accordance with applicable legal
requirements and/or administrative directives of the City;
(7)
Procurement
of miscellaneous books, magazines, newspapers, subscriptions, on-line
library reference services, film, videos and assorted materials for
library customer check-out purposes for which Contracts by competitive
bid solicitation are not practicable, or which are exempted from competitive
bidding pursuant to applicable laws;
(8)
Intergovernmental
payments, purchases and agreements;
(9)
Public
utility purchases of water, power and related services when no competition
is available;
(10)
Specialized public employee recruitment services, seminar, training
and educational classes;
(11)
Magazine and media advertisement;
(12)
Contracts for election services;
(13)
Contracts for Legal Services which shall be developed consistent
with the Palm Springs City Charter, Section 407; or
(14)
Contracts for employment and public employee labor agreements.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
As used in this Title the following terms have the meanings
indicated which are applicable to both the singular and plural thereof:
means the City Council, the City Manager or the City Manager's
designee who has been given Signature Authority to approve Procurements
under this Title.
means an offer or Proposal submitted by a Bidder setting
forth the price for the City's procurement of Supplies, Services,
or for construction of Public Projects, on bid or price forms issued
by the City. A Bid includes a Proposal received from a Bidder pursuant
to a RFP.
means any person or Business submitting a Bid or Proposal
to the City in response to an IFB, NIB, or RFP issued by the City.
means a corporation, partnership, individual, sole proprietorship,
joint stock company, joint venture, or any other private legal entity.
means any City-issued written document used to amend a Purchase
Order or to amend an existing Contract authorizing changes within
the scope of work, additions or deletions to the work, an adjustment
to the price, or changes to any other terms and conditions of the
Contract.
means the City of Palm Springs.
means the City Attorney of the City as appointed by the City
Council.
means the City Engineer of the City as appointed by the City
Manager.
means the City Manager of the City as appointed by the City
Council, or the designee of the City Manager who shall be an Assistant
City Manager, Department Head, or an independent third-party hearing
officer.
means the area between the Salton Sea on the south, the San
Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition,
"Coachella Valley" includes the cities of Beaumont and
Banning and the unincorporated areas between Banning and the City
of Palm Springs.
means the process of building, altering, repairing, improving,
or demolishing any public structure or building, or other public improvements
of any kind to any public real property, but excluding the routine
operation, routine repair, or routine maintenance of existing structures,
buildings or real property.
means any type of legally recognized City agreement, including
executed Purchase Orders, for the Procurement of Supplies, Services,
or for construction of Public Projects, including without limitation
an award of a grant or a Real Property Agreement. Any Contract shall
include terms and conditions applicable to the Procurement as required
by the City Attorney.
means the Department Head or other City employee designated
by the City Manager to administer a Contract between the City and
a Contractor and oversee and monitor the Contractor's performance
under the terms of the Contract.
means any person or Business having a Contract or Purchase
Order with the City. For the purpose of this Title, the term "Contractor"
includes any person or Business who is a party to a Real Property
Agreement as defined in this section.
means recorded information regardless of form or characteristic.
means a project delivery method in which the City enters
into a single Contract for both the design and construction of a Public
Project pursuant to a competitive negotiation process. Design-Build
includes Public Projects where in addition to design and construction,
other functions may be incorporated, including, but not limited to,
financing, operating and/or maintenance.
means the City Manager or the City Manager's designee.
shall mean any person who has a currently registered domestic
partnership with a governmental body pursuant to State or local law
authorizing such registration.
means an individual drawing a salary or wages from the City,
whether elected or not; any non-compensated individual performing
personal services for the City or any department, commission, council,
board, or any other entity established by the City; and any non-compensated
individual serving as an elected official of the City.
means any plant, building, structure, ground facility, utility
system, real property, streets and highways, or other Public Project
improvement.
means an administrative change to the scope of a Contract
for a Public Project when a line item allowance for Field Orders has
been included in the Bid.
means Services performed by, or Public Projects constructed
by, Employees.
means the furnishing of labor, time, or effort by a Contractor
for non-Professional Services as the City may, from time to time,
find necessary and proper for the functioning of the City.
(IFB) means all documents, whether attached or incorporated
by reference, utilized for soliciting Bids for Services, including
Maintenance Work, or for construction of Public Projects, and may
also mean a Notice Inviting Bids (NIB).
means professional expert and consultant services in connection
with existing and anticipated litigation and/or claim defense or prosecution,
and other such related matters, including, but not limited to, expert
witnesses, arbitrators, mediators, court transcripts court reporters,
process servers, private investigators, court filing and messenger
services and other legal support services, all as may be required
by and through the City Attorney at the direction of the City Council.
means a person or Business who has a valid physical business
address located within the Coachella Valley, at least six months prior
to bid or proposal opening date, from which the person or Business
operates or performs business on a day-to-day basis, and holds a valid
business license by a jurisdiction located in the Coachella Valley.
Post office boxes are not verifiable and shall not be used for the
purpose of establishing such physical address.
has the same meaning as contained in Public Contract Code
section 22002, as amended.
shall mean place of origin, immigration status, cultural
or linguistic characteristics, or ethnicity.
means the buying, purchasing, renting, leasing, or otherwise
acquiring of any Supplies, Services, or for construction of Public
Projects. It also includes all functions that pertain to the obtaining
of any Supplies, Services, or for construction of Public Projects,
including description of requirements, selection, and solicitation
of sources, preparation and award of Contract, and all phases of Contract
administration.
means services provided by a person or Business engaged in
a profession based on a generally recognized special knowledge, skill,
license, and/or certification to perform the work. This includes the
services of architectural, landscape architectural, engineering, environmental,
land surveying, appraisal, construction project management, financial
or other professional services, including but not limited to those
defined by Government Code sections 4525 and 4526 as professional
services.
means real or personal property assets.
means either: (1) an offer submitted by a Bidder in response
to a Request for Proposals (RFP), where selection for award is based
on criteria specified in the RFP documents; or (2) a Bid submitted
in response to an Invitation for Bids (IFB) or Notice Inviting Bids
(NIB) pursuant to a RFQ/RFP Process. All elements of a Bidder's
proposal are subject to negotiations.
means a governmental entity such as a country, state, city,
district, county or any other organization created by the state as
a separate legal public entity.
has the same meaning as contained in Public Contract Code
section 22002, as amended, which defines a "Public Project"
as:
Construction, reconstruction, erection, alteration, renovation,
improvement, demolition, and repair work involving any publicly-owned,
leased, or operated facility;
Painting or repainting of any publicly owned, leased or operated
facility;
In the case of a publicly owned utility system, the construction
erection, improvement or repair of dams, reservoirs, powerplants,
and electrical transmission lines of two hundred thirty thousand volts
and higher;
Public Project does not include Maintenance Work.
means a City-issued document with any necessary terms and
conditions, which authorizes the Procurement of Supplies or Services,
or for construction of Public Projects, pursuant to a Contract at
a stated price and encumbers City funds for the payment therefor.
means a written request prepared on the applicable City forms
or via the City's online Procurement management system and submitted
by the Using Department to the Director identifying the specific Procurement,
including the items, cost, funds budgeted for the Procurement, and
associated documentation, including Awarding Authority's approval,
supporting the issuance of a Purchase Order for such Procurement.
means any agreement for the sale, lease, or use of real property
owned by or in the lawful possession of the City, including without
limitation concessions, franchises, and easements.
(RFP) means a document that solicits persons or Businesses
to submit a Proposal to perform the scope of work associated with
a proposed project. Cost is not the sole basis for selection in the
RFP; other qualifications including experience, turnaround time and
approach to work are important factors when evaluating Proposals.
(RFQ) means a document that solicits persons or Businesses
to submit information about their qualifications and capabilities
to perform the type of work associated with a proposed project, often
called "Statements of Qualifications" or "SOQ".
The preparation of the RFQ generally does not require specific project
knowledge or scope. The RFQ may be used as a pre-qualification step
to receiving a RFP. If a RFQ is issued, only those persons or Businesses
who successfully respond to the RFQ and meet the qualification criteria
stated in the RFQ will be included in the subsequent RFP process.
means a bidder who has demonstrated the attribute of trustworthiness,
as well as quality, fitness, capacity, and experience to satisfactorily
perform the public works contract.
means a Bid or Proposal submitted to the City that conforms
in all material respects to the IFB, NIB, or RFP, without material
qualification or exceptions, as determined by the City.
means the furnishing of labor, time, or effort by a Contractor.
Services includes Maintenance Work, General Services, and Professional
Services, unless otherwise designated.
means the level of authorization by which the City Council
has delegated to the City Manager, or such other designee, pursuant
to this Title, to approve Contracts or Purchase Orders without the
prior approval of the City Council.
shall mean the City's process to obtain Bids or Proposals
as provided in this Title for the purchase of Supplies, Services,
or for construction of Public Projects.
means any City-issued or referenced definite, detailed written
description of the physical or functional characteristics or of the
nature of the Supplies to be furnished, the Services to be performed,
or the construction to be performed on a Public Project. Specifications
may include a description of any requirement for inspection, testing
or preparing a Supply, Service or for construction of a Public Project,
including the work to be done and materials to be used under a Contract
with the City, which specifies the composition, construction, dimension,
durability, efficiency, form, nature, performance characteristics
and standards, quality, shape, texture, type and utility of the Supplies,
Services or Public Project desired by the City. Specifications shall
promote overall economy for the purposes intended and encourage competition
in satisfying the City's needs.
shall mean an agreement to: (i) provide Supplies and/or Services,
including construction labor, materials or equipment, to a Contractor,
if such Supplies or Services are procured or used in the fulfillment
of the Contractor's obligations arising from a Contract with
the City; or (ii) to transfer the right to occupy or use all or a
portion of a real property interest subject to a property contract
to a subcontractor and pursuant to which the Contractor remains obligated
under the property contract.
means any person or Business who enters into a Subcontract
with a Contractor. Such term shall include any person or Business
who enters into an agreement with any Subcontractor for the performance
of 10 percent or more of any Subcontract.
means any and all articles, things, goods, equipment, commodities,
or property, other than real property, furnished to be used by the
City.
means personal property no longer needed by City departments
for their operations, obsolete property, property in poor or non-working
condition, or property that is a by-product (e.g., scrap metal, used
tires, and oil, etc.).
means real property that the City Council has made a determination
in accordance with applicable law is no longer needed for City use
and has made a declaration of finding that it is surplus.
means any City department, division, commission, board, or
public agency of the City requiring Supplies, Services, or construction
of a Public Project procured pursuant to this Title.
means the product of any method of forming characters on
paper, other materials, or viewable screen, which can be read, retrieved,
and reproduced, including information that is electronically transmitted
and stored.
(Ord. 1605 § 1, 2002; Ord. 1668 § 1, 2005; Ord. 1756 § 1, 2009; Ord. 1896 § 1, 206; Ord. 1920 § 4, 2017; Ord. 2049 §
1, 2021)
(1)
Procurement
information shall be a public record to the extent provided in the
Public Records Act (Government Code section 6250 et seq.) and shall
be available to the public as provided in the Public Records Act.
The City may charge a reasonable fee for copying records.
(2)
Retention
of Procurement Records.
All procurement records shall be retained and disposed of by
the City in accordance with records retention guidelines and schedules
approved by the City Council and as required by the Public Records
Act. Procurements may be conducted through electronic communication;
however, records of the transaction shall be maintained in a retrievable
manner. The city clerk's office shall retain the original copy
of all Contracts.
(3)
Request
for Confidentiality.
Requests for confidentiality of proprietary information provided
in response to a Solicitation may be honored after the City determines
that the material so requested conforms to the exceptions recognized
in the Public Records Act and the case law interpreting its provisions.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
