Los Banos Municipal Code Art. 4 Methods of Procurement—professional Services

Professional services valued at Five Thousand and No/100ths ($5,000.00) Dollars or less, shall be contracted using simplified and cost effective operational procedures without the requirement of soliciting request for proposals from multiple professional service providers.

(§ 1, Ord. 1068, eff. February 1, 2008)

(a) Informal request for proposal (RFP) procedure. The procurement of services with a value greater than Five Thousand and No/100ths ($5,000.00) Dollars up to Thirty Thousand and No/100ths ($30,000.00) Dollars shall be made following the procedure prescribed below:

(1) Solicitation of proposals. The department may solicit proposals by written (including e-mail) or verbal request to prospective consultants. Informal requests for proposals shall, whenever possible, be based on at least three written proposals and shall be awarded to the best qualified and most responsible proposer. The dollar amount of the proposal shall be considered but the award need not be made to the lowest dollar proposal;

(2) Award of contracts. The City Manager is authorized to award a contract in accordance with the authorization granted in Section 3-10.110.

(b) Exceptions. The request for informal proposal procedure may be dispensed with in an emergency or when the City Manager in his or her best judgment makes a written finding that compliance with these procedures is not in the best interest of the City.

(§ 1, Ord. 1068, eff. February 1, 2008)

(a) Formal request for proposal (RFP) procedures. The City shall procure services with a value of more than Thirty Thousand and No/100ths ($30,000.00) Dollars following the procedure prescribed below:

(1) Request for proposals. The request for proposal (RFP) shall include a general description of the services to be procured, shall include a proposed professional services agreement, and the time and place for submission of proposals. A notice inviting proposals shall be distributed to at least three consultant firms and shall be posted on the City bulletin board at least 10 days prior to the deadline for submission of proposals. Proposers shall submit sealed proposals and shall identify them as proposals on the envelope;

(2) Evaluation of proposals. All responsive proposals shall be reviewed and evaluated by the City in order to determine which proposer best meets the City's needs by demonstrating the competence and professional qualifications necessary for the satisfactory performance of the required services. The criteria by which the City shall evaluate proposals will be set forth in the request for proposals. The City reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process;

(3) Award of contract. The City Manager shall award a contract for the services with a value of Thirty Thousand and No/100ths ($30,000.00) Dollars or less. The City Council shall award a contract for services with a value, or greater than Thirty Thousand and No/100ths ($30,000.00) Dollars.

(b) Exceptions. Formal requests for proposals under this section may be dispensed with:

(1) In an emergency;

(2) When the services can be obtained from only one source which has been reviewed and approved in writing by the City Manager;

(3) When processed through a cooperative purchasing agreement with another public agency whose procurement process is consistent with the provisions of this chapter;

(4) Contracts for City-managed professional services in an amount up to One Hundred Thousand and No/100ths ($100,000.00) Dollars if the following criteria are met: (a) a City Council approved reimbursement agreement exists, (b) an applicant for development entitlements has deposited the full amount of the contract with the City, and (c) the funds are to be used for development related studies, such as an environmental impact report;

(5) When, in the determination of the City Council, compliance with the procedure is not in the best interest of the City for those professional services, the costs of which are Thirty Thousand and No/100ths ($30,000.00) Dollars or more.

(§ 1, Ord. 1068, eff. February 1, 2008)