Note: Prior ordinance history: Ord. 1605.
For Procurements under this Title all decisions to utilize a special purchasing method in the approval of the Procurement shall be made a part of the public record. The Director shall provide a written report for the public record that specifies: (1) the reason the special purchasing method was used; (2) the results of the solicitation; (3) the results of the negotiations; and (4) the recommendation for the award. Any award shall be supported by findings identified in the written report.
(Ord. 2049 § 1, 2021)
A Contract may be awarded without competition when the Procurement is made after conducting a good faith review of available sources and the Director has determined that there is only one source for the Procurement. The Director shall conduct negotiations, as appropriate, as to price, delivery, and terms. A written record of sole source Procurement shall be maintained as a public record and shall list each Contractor's name, the amount and type of each Contract, a listing of the item(s) procured under each Contract, the identification number of each Contract file, and the documentation of why sole source procurement was required.
(Ord. 2049 § 1, 2021)
A Contract may be awarded without competition when it is determined by the Director that an unusual or unique situation exists, in that due to experience and expertise demonstrated in prior Contracts with the City, or experience or expertise with similarly described Contracts with other public agencies, a particular Contractor is uniquely qualified for a particular Procurement, that makes the application of this Title contrary to the public interest. Any special expertise Procurement shall be made with such competition as is practicable under the circumstances.
(Ord. 2049 § 1, 2021)
(1) 
During an emergency, as further defined in Chapter 2.20, and as defined by Public Contract Code section 1102, all Procurement required by the City Manager may occur without applying the provisions of this Title. All such Procurement shall be obtained at the lowest reasonable price available in the best interests of the City, and for Public Projects in compliance with the applicable provisions of Public Contract Code section 22050.
(2) 
When determined by the City Manager that repair or replacement of a public facility requires immediate Procurement, at the recommendation of the City Manager and in accordance with Public Contract Code section 22050, the City Council may by a four-fifths vote authorize the Procurement directly related to the repair or replacement of the public facility without applying the provisions of this Title. All such Procurement shall be obtained at the lowest reasonable price available in the best interests of the City. In the case of an extreme emergency involving public property, the City Manager may proceed with immediate Procurement pursuant hereto subject to ratification by a four-fifths vote of the City Council at its next regular meeting.
(3) 
In accordance with Public Contract Code section 22050, for emergency Procurement associated with a Public Project where the provisions of Informal or Formal Bidding would otherwise apply, the Director shall provide a written report to the City Council at its next regular meeting, and subsequently at each regular meeting thereafter. During the emergency Procurement involving a Public Project otherwise requiring application of the Informal or Formal Bidding procedures, the City Council shall determine by a four-fifths vote the continuing need for the emergency Procurement without the benefit of competitive bidding. The City Council shall terminate the emergency Procurement of a Public Project at the earliest possible date that conditions warrant, allowing for application of this Title to the remainder of the actions that may be completed with regard to the Public Project.
(Ord. 2049 § 1, 2021)
(1) 
Policy.
In accordance with Section 913 of the City Charter, acquisition of Design-Build may be procured for the construction of a Public Project. The Director is authorized to establish policies and procedures for implementation of Design-Build Procurement within the guidelines in this Section.
(2) 
Procurement.
Construction of Public Projects may be implemented in accordance with the Design-Build project delivery method by undertaking an RFP process. Notwithstanding the foregoing, the City may prequalify Bidders through an RFQ process prior to the RFP process. The RFP must contain, at a minimum, the following elements:
(a) 
The procedures to be followed for submitting Proposals, the criteria for evaluation of the Proposals and their relative weight, the procedure for selection of a Contractor and the timing for making awards.
(b) 
The proposed terms and conditions for the Design-Build Contract.
(c) 
The project requirements, including as appropriate, capacity, durability, production standards, ingress and egress requirements, or other criteria for the intended use of the project, expressed in conceptual documents, performance-oriented preliminary drawings, outline specifications and other documents provided to the Contractor by the City establishing the project's basic elements and scale, and their relationship to the work site suitable to allow the Contractor to submit a Proposal.
(d) 
A description of the project approach, work plan or other submittals to be submitted with the Proposal, with guidance as to the form and level of completeness required.
(e) 
A schedule for planned commencement and completion of the project.
(f) 
Any other information that the City, in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs, or references to public records.
(3) 
Evaluation and Selection.
Once received, Proposals shall be submitted for review by a selection committee. Clarifications may be required to ensure Proposals are responsive to the RFP. Clarifications may require revised cost and/or technical proposals. The following criteria may be utilized in selecting a Contractor for award of a Design-Build Contract:
(a) 
An evaluation of references provided with respect to responsiveness, quality of work, timeliness and overall performance.
(b) 
An evaluation of overall quality, capability, resource availability and financial stability of the Contractor.
(c) 
An evaluation of the Contractor's experience, training and qualifications.
(d) 
Consideration of items such as proposed design approach, initial and/or life cycle costs, project features, quality, capacity, schedule, and operational and functional performance of the facility.
(e) 
The extent to which the Contractor's proposal meets the requirements set forth in the RFP.
(f) 
Analysis of the cost relative to the Contractor's ability to meet the requirements set forth in the RFP.
Depending on the number of Proposals received, the selection committee may develop a "short list" of top ranked Contractors. The selection committee may require "short listed" Contractors to submit to an interview and/or make a presentation to establish a final ranking. The selection committee will then begin negotiations with the top ranked Contractor. The negotiations may include but not be limited to project costs, scope, and schedule. If negotiations are unsuccessful, negotiations will cease with the top ranked Contractor and may begin with the next highest ranked Contractor. The City reserves the right to reject all Proposals, select by Proposal review only or interview as needed. The City's selection committee shall select and recommend to the City Council for contract award a Contractor providing the best value to the City.
(Ord. 2049 § 1, 2021)
(1) 
No Competitive Market.
When the City Council determines that a competitive market does not exist or that the City will not gain a competitive advantage by using the formal bidding procedure, the City may use any other procurement method.
(2) 
State Purchase.
When the purchase is made on behalf of the City by the State Department of General Services.
(3) 
Mandated Expenditures.
When expenditures are mandated by law or regulation, such as county booking fees, utilities, postage, waste disposal fees or other non-negotiable permit, use or application fees.
(4) 
Shared Services.
When the City Council or City Manager authorizes the award and execution of Contracts for Services, subject to the Signature Authority consistent with this Title, that are provided by another Public Entity or non-profit entity that will maximize efficiency, increase cost effectiveness, increase range of services, minimize duplication, provide training or education, encourage collaboration or standardize efforts, or leverage government resources.
(5) 
Best Interest of City.
Except where otherwise prohibited by law, when the City Council or City Manager authorizes the award and execution of Purchase Orders or Contracts for Supplies and Services and for construction of Public Projects subject to the Signature Authority consistent with this Title, without following the required procurement methods, provided that the City Council or City Manager finds that such award is in the best interest of the City, or of the public health, safety, and welfare.
(6) 
Purchase of Recurring Charges.
The City may create an open vendor list for the purposes of providing Supplies and Services for the fiscal year for ongoing cleanup, maintenance and different routine items that are of a continuing nature. Prices from each vendor shall be obtained in a manner to ensure competitive pricing, in the best interest of the City. The threshold for each vendor may be determined by the City Council, at the recommendation of the City Manager. A vendor list may be approved by the City Council as often as necessary but not less than once every 24 months.
(7) 
Task or Job Orders.
Unless prohibited by law, task or job orders that the City places through a duly approved master agreement shall not be subject to further procurement requirements.
(8) 
Otherwise Authorized.
When otherwise authorized by this Title or applicable law.
(Ord. 2049 § 1, 2021)