Montebello Municipal Code Ch. 3.21 Contracts for Professional and Special Services

Footnotes:

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Editor's note— Ord. No. 2412, § 3, adopted Feb. 27, 2019, amended Ch. 3.21 in its entirety to read as herein set out. Former Ch. 3.21, §§ 3.21.010—3.21.080, pertained to similar subject matter, and derived from Ord. 2304, 2007; Ord. 2315, 2008:

For purposes of this chapter, the following words shall have the following meanings:

"Professional/special services" means services entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. Such services include attorneys, physicians, architects, engineers, appraisers, accountants, collection agency, detective agency, draftsman, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic and optometry.

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022; Ord. No. 2481, § 3, 3-26-2025)

A. In contracting for professional/special services, such contracts shall only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed. City staff shall confirm, prior to any award, that service providers are in good standing with all applicable agencies, and maintain all required licenses, including but not limited to SAM.gov, the State of California, business licenses, etc. Any service providers lacking the required licensure requirements or are not in good standing with the applicable agencies may not be eligible for the award pursuant to the applicable regulations.

B. Once the department requesting the professional/special service has determined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in determining to whom a contract shall be awarded. The city's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship, and other factors required by the department or proposed by the contractor.

C. No commitment or contract with a definitive term may exceed five years.

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022; Ord. No. 2481, § 3, 3-26-2025)

The acquiring of professional/special services shall be made and accomplished in conformity with Section 3.21.050 or Section 3.21.060 except:

A. When an emergency, as determined by the purchasing agent with the written approval of the city manager, is deemed to require that an order be placed with the nearest available source;

B. When the professional/special services needed can be obtained from one source only;

C. When the city council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same; or

D. When the amount of the professional/special services involved is less than two thousand dollars.

E. Cooperative Purchase. Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program. Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement. For the purposes of this section, the term "cooperative governmental purchase program" means any combination between the city and any other public agency or public agencies for the joint purchase of goods and/or services.

F. Piggyback Purchase. If the purchasing officer determines it to be in the best interest of the city, the purchasing officer is authorized to "piggyback" onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency.

Compliance with the requirements set forth in the provisions of this chapter shall apply to all contracts awarded after the effective date of this subsection, as may be amended. Notwithstanding the exceptions under this section, no commitment or contract with a definitive term may exceed five years. All agreements executed shall include a maximum dollar limit, i.e., a "not-to-exceed amount." The maximum dollar limit shall be established by the term of the agreement, when applicable. Nothing shall be construed to preclude the city from awarding a written contract for professional type services as defined by case or statutory law without complying with the provisions of this article.

Any use or application of the bidding procedure exceptions listed herein for the acquisition of professional/special services shall require the making of a written record of such use or application, including the existence of a valid reason for such use or application. In addition, the exception identified and the reason for applying the exception, along with the written record of such use or application, shall be included and explained in the agenda report submitted to the city council seeking approval of the exception. This written record shall be kept for at least five years.

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022; Ord. No. 2460, § 3, 1-25-2023; Ord. No. 2481, § 3, 3-26-2025)

The acquiring of professional/special services shall be procured through a negotiated contract and should include a request for proposals ("RFP"), unless Section 3.21.025 or Section 3.21.050 applies.

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022)

Soliciting bids for professional/special services is decentralized and shall be the responsibility of the department director requesting the service; however, the city manager may be contacted to assist with bids requiring the formal sealed RFP process set forth in Section 3.21.060.

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022)

The following procedure shall be used when seeking professional/special services estimated to have an annual cost of less than fifty thousand dollars ($49,999 or less).

A. In nonemergency situations, the requesting department shall contact a minimum of three consultants or firms.

B. Unless the city council authorized the entering into or the award of a specific contract for professional/special services, the city manager shall approve in writing the award of all such contracts, taking into consideration the recommendation of the department director requesting the professional/special services at issue.

C. The city manager or his or her duly authorized designee is authorized to approve in writing professional/special service contracts with an annual estimated cost of less than fifty thousand dollars ($49,999 or less).

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022)

The following procedure shall be used when seeking professional/special services estimated to have an annual cost of fifty thousand dollars or more.

A. In nonemergency situations, departments shall utilize the following formal sealed RFP process:

1. A formal sealed RFP template shall be developed for solicitation of professional services contracts of fifty thousand dollars or more.

2. The department shall advertise in appropriate publications, electronic purchasing databases and/or use the professional services listings, as available, during the solicitation process.

3. Notice inviting RFP's shall be posted at city hall, an appropriate and recognized electronic purchasing database and on the city's website at least fourteen calendar days before the due date of submission of the RFP, when reasonably possible.

4. The notice shall at least describe the general type of service needed, how the RFP minimum scope of work can be obtained, the requirement of a written sealed proposal, state the closing date, place, and time for submission of the RFP.

5. Sealed request for proposals shall be submitted through an approved process, as designed and determined by the purchasing officer and need not be opened publicly.

6. Departments shall analyze proposals for compliance with RFP requirements, value of the total scope of services and make a recommendation to city council for selection or for follow up interviews with those consultants/firms submitting proposals.

B. Contracts for professional/special services of fifty thousand dollars or more require the approval of the city council and the signature of the mayor, or in his or her absence, the mayor pro tempore, pursuant to the provisions of Gov. Code Sections 40601 and 40602 unless specifically delegated as part of the city council approval action.

C. Contracts for professional/special services shall be on the city's standard form and shall be reviewed and approved as to form by the city attorney.

D. No commitment or contract with a definitive term may exceed five years.

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022)

The city manager or his or her duly authorized designee shall be authorized to sign on behalf of the city all contracts for professional/special services, which are less than a total contract amount of fifty thousand dollars in any one fiscal year period.

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022)

A. No officer or employee of the city or its agencies shall split or separate a purchase/procurement of professional/special for the purpose of evading the dollar amount bid threshold provisions of this chapter. The acquisition of professional/special services should be made with a single contract covering all services to be provided.

B. No city employee who participates in the selection or approval of a professional/special service provider, nor any person who has supervisory responsibility for any such employee, shall have a financial interest in any professional/special service provider business entity under consideration.

(Ord. No. 2412, § 3, 2-27-2019; Ord. No. 2447, § 4, 2-9-2022)