Oxnard Municipal Code Art. III Contracting for Professional Services

This article shall apply to contracting for professional services for the purposes of procuring services of accountants, architects, engineers and other professionals.

(Ord. No. 3053)

(A) The purchasing agent shall determine when formal and informal solicitations should be dispensed within the following instances: (1) when professional services can be obtained from only one source; (2) or when the purchasing agent determines that obtaining solicitations responses is not in the city's best interest.

(B) Professional services for any amount shall be made only by contract and awarded on the basis of the best value criteria.

(C) Solicitations for architectural, landscape architecture, engineering, environmental and land surveying, and construction project management, and environmental services shall be awarded in accordance with Cal. Gov’t Code, Section 4526, which requires selection of a professional based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required to complete the project.

(Ord. No. 3053)

The purchasing agent or designee shall perform an informal solicitation as defined in Section 4-2(K) for professional services up to $100,000.

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The purchasing agent shall perform formal solicitations as defined in Section 4-2(I) for the purchases of professional services over $100,000.

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(A) All on-call agreements shall be subject to the formal solicitation process as defined in Section 4-2(I).

(B) The formal solicitation process shall be utilized to request general proposals for professional services for specific categories of work as described in the city's solicitation. The proposals shall be used to evaluate qualified professionals who will be eligible to respond to a city issued task order. Task orders shall not exceed $220,000.

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Notice inviting formal solicitation responses shall be published on an e-procurement platform or purchasing website, and/or by any other method of advertising that is recognized and accepted for public agency purchasing and is consistent with applicable State law. The purchasing agent shall encourage as wide a response as possible from prospective proposers when they determine this to be in the best interests of the city.

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When no responsive solicitation responses are received, the purchasing agent is authorized to negotiate a contract for professional services, and if the contract is for an amount over the city manager's contract authorization in Section 4-3 of this chapter, then this contract shall be presented to the city council for approval and execution by the mayor or in their absence the mayor pro tem.

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(A) The purchasing agent may accept a solicitation response on the basis of the best value criteria as stated in the request for solicitation.

(B) The purchasing agent may at any time reject all solicitation responses.

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The city manager or their designee may approve, and the purchasing agent may execute, any purchase change order to a purchase order or an amendment to a contract that does not change the aggregate value of the contract, the solicited scope of work, or exceeds the contracting authority as stated in Section 4-3 of this chapter.

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(A) Sections 4-33 through 4-39 shall not apply in an emergency situation as defined in Section 4-2(G)(1) or for situations in the city manager's discretion that meet the following conditions:

(1) Does not permit obtaining solicitation responses; and

(2) Public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property, or to mitigate severe economic expenses.

(B) The following procedure for emergency, urgency or immediate need items shall apply to this article only:

(1) If there is an emergent situation or urgent situation or immediate need that arises, and in the discretion of the city manager, to enter into a purchase order, contract, amendment, change order, lease or license, that otherwise would be submitted to the city council may be approved jointly by the city manager and mayor, mayor pro tem or the next available member of the city council, and executed by the purchasing agent.

(2) The city manager shall place the jointly executed document on the agenda for ratification at one of the next three regular city council meetings. Any document that is jointly approved in this way shall contain a provision that the authority to perform work under that document will automatically terminate on the date that ratification is denied, if it is.

(Ord. No. 3053)