Beaumont Municipal Code Ch. 3.02 Procurement of Professional Services

Footnotes:

--- (3) ---

Editor's note— Ord. No. 1157, § 3(Exh. A), adopted March 7, 2023, amended Ch. 3.02 in its entirety to read as herein set out. Former Ch. 3.02, §§ 3.02.010—3.02.090, pertained to similar subject matter and derived from Ord. No. 1096, § 3(Exh. A), adopted Nov. 21, 2017.

It shall be the policy of the City that the procurement of professional services, including engineering, architectural, landscape architectural, environmental, land surveying, or construction project management services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the costs of services to the City, but shall not be awarded solely on the basis of cost.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)

There is created the position of Purchasing Officer. The duties of the Purchasing Officer shall be administered by the City Manager or such person as he or she may designate.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)

The duties of the Purchasing Officer shall be:

A. The promulgation of administrative regulations and the adoption of such other rules and regulations as may be prescribed by the City Manager and approved by the City Council. Such regulations shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit City employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section which would subject those employees to the prohibitions of the conflict of interest laws.

B. The negotiation and recommendation of execution of contracts for professional services.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)

The Purchasing Officer shall comply with the following procedure for the procurement of professional services:

A. Request for Proposal: Prepare a request for proposal outlining services desired. The request for proposal shall identify all significant evaluation factors, including price or costs when required, and their relative importance.

B. Solicitation of Proposal: The request for proposals shall be publicized and disclosed publicly on the City website. Any properly qualified firm or professional shall be permitted to timely submit a responsive proposal for consideration.

C. Evaluation: The Purchasing Officer shall develop mechanisms for the technical evaluation of proposals received, and shall conduct discussions with the proposers regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services.

D. Compilation: The Purchasing Officer shall compile the proposals for consideration by the City Council.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)

Upon obtaining approval from the City Council, the Purchasing Officer may engage services of a professional firm or individual without complying with the competitive procurement procedures in the following circumstances:

A. Legal services

B. The services are available only from a single source; or

C. Public exigency or emergency will not permit delay; or

D. State or federal grant or loan requirements authorize noncompetitive procurement of such services; or

E. After solicitation of a number of sources, competition is deemed inadequate.

In circumstances of public exigency or emergency where prior approval of the City Council cannot be reasonably obtained, the City Manager may engage services of a professional firm or individual. The professional services contract shall be submitted to the City Council at the next regularly scheduled City Council meeting.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)

City Council approval is required for all contracts for professional services when the cost of the services is $75,000.00 or more. The contract shall clearly state the names of the professionals that will provide services under the contract, along with their hourly rate. The contract shall also state a "not to exceed" sum. The professional shall not exceed the "not to exceed" sum without the City Council's prior approval. Contracts awarded to any firm shall not exceed an aggregate amount of $75,000.00 in a fiscal year without approval by the City Council.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)

Except in the case of procurement of legal services, the term of any professional services contract awarded shall be a maximum of five years, with two one-year renewals, subject to City Council approval. In the case of legal services, City Council may at any time exercise their right to termination of legal services contracts with a simple majority vote of the City Council. Contracts shall be submitted to the City Council annually for approval, renewal, termination, non-renewal or extension. Extension of a contract beyond the initial term shall be approved by four-fifth vote of the City Council. Professional services contracts shall not contain "evergreen" type clauses that allow for automatic renewal without City Council approval.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)

The award of a contract for professional services shall be within the City Council's discretion. The City Council may, in its discretion, modify or extend a request for proposal for professional services. The City Council reserves the right to reject any and all proposals.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)

Professional services contracts under $75,000.00 may be awarded by the Purchasing Officer without a formal bidding procedure. Professional services contracts shall not be divided into smaller contracts or subcontracts to avoid the competitive procedures set forth in Section 3.01.040 and 3.01.060.

(Ord. No. 1157, § 3(Exh. A), 3-7-2023)