Chapter 7.03 — PROCUREMENT REQUIREMENTS

• (1) Method determined by cost estimate. The procedure to be followed in soliciting contracts or purchase orders is determined initially by the estimated cost to the city of the supplies or services over the time the supplies or services are needed.

• (2) No division of procurements. The procurement of supplies or services shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive bidding requirements of this title.

• (3) Cancellation of solicitation. A solicitation may be canceled by the director, when cancellation or rejection is in the best interests of the city. The reasons therefor shall be made part of the contract file.

• (4) Use of electronic means.

  • (a) Consistent with the stated policy of promoting efficient public contract law, consistent with the best of modern practice and research, and pursuant to the authority granted by Public Contract Code Sections1600 and 1601, the director shall be authorized to utilize electronic means in the procurement of supplies and services, so long as the purpose and intent of applicable state law, this chapter, and any supplemental rules or regulations are met.

  • (b) Without limiting the nature of the foregoing, the city may utilize online bidding and selling methods, electronic signature in accordance with applicable state, local and federal law, and electronic mail for delivery of notices when "mailed" notice is required herein. For purposes of this title, "supporting materials," as defined in Public Contract Code Section 1601, shall be deemed to also include security bonds, which the city may, in its sole and absolute discretion, allow to be submitted electronically, consistent with any supplemental regulations, adopted in accordance with this title, implementing the submission of electronic security bonds. Whenever "sealed" bids or proposals are called for, any electronic means may be used so long as such electronic means provide for the secured submission of the required data. Whenever bids are required to be "opened," such bids shall be deemed "opened" if and when they are made available to both the city and the public simultaneously, in a public setting, including, without limitation, by way of making such bids available in an electronic format that is readable by the public. If provisions of this section are in conflict with any other resolution or ordinance of the city, this section shall prevail.

  • (c) The city may use electronic signature platforms to obtain signatures on contracts and other related documents.

• (5) Use of purchase requisitions and purchase orders. ()

  • (a) The director shall prepare administrative policies and procedures controlling the implementation of each procurement approved pursuant to this chapter through the use of a purchase requisition and corresponding purchase order. Each procurement may only be approved after issuance of a purchase requisition and approval of a purchase order approved by the director, unless otherwise exempt pursuant to

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applicable supplemental regulations. Purchase orders are required for all purchases with the exception of spot purchased items under $5,000 where a P-Card is used or where a claim voucher is allowed under finance's claim voucher policy.

• (b) Purchase requisitions are required through the city's ERP system (currently Tyler Munis) to obtain purchase orders for the authorization to purchase supplies, services, and public projects for the city. Each department shall have selected staff trained to input required information into the system to obtain the required purchase orders. Preparing detailed notes and adding supporting documents in the system will help facilitate the approval process. The following documents shall be included with the requisition:

  1. The required number of quotes and signed contract.

  2. For supplies, services and public projects, any insurance certificates and endorsements required to demonstrate the vendor has the required levels of insurance.

  3. For sole source purchases a letter from the vendor explaining the sole source with a current date on it and an explanation from the department on why only that product or vendor can be used will also be required for approval. To avoid any delays in processing purchase orders, sole source items should be submitted in advance to the procurement and contracting department for review and signoff.

  4. For emergency purchases proper authorization from the city manager shall be included.

  5. Documentation for any exemptions that are being used for the purchase as defined in Chapter 7.04 of Title 7.

  6. Purchase order terms must follow the contract term and not just align with the fiscal year, or the purchase order and contract terms will become out of sync and cause a shortening or lengthening of the contract term. Budgets follow fiscal year terms, but contract terms may span between fiscal years or remain in effect for multiple fiscal years.

• (c) Release purchase orders. On-call contracts can be set up to allow for services to be performed on an as needed basis. If a contract of this nature is utilized, the departments may use release purchase orders to authorize work under the on-call contract. Departments will contact the procurement and contracting department to set up the contract in the ERP system for use. When a requisition is created the contract number will need to be selected on the line detail screen to tie the purchase order to the contract. The purchase order will then enter into a reduced workflow and will only be authorized by the department director allowing for a quicker issuance of the purchase order. The ERP system will then track the value of the commitments on the contract and will not allow ordering that exceeds the contract value. This tool can be very useful for departments that need to perform quick repairs to maintain facilities or perform lower valued simple projects such a smaller building repair or remodeling projects. Please note release purchase orders can be authorized off estimates using the contract pricing from the Contractor or by the department's estimate in the event of an emergency.

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City of Palm Springs, CA

PROCUREMENT AND CONTRACTING

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§ 7.03.02

• (d) Blanket purchase orders may be issued each fiscal year for purchases of supplies and some limited services at lower dollar values that are repetitive in nature and on an "as needed" basis. Examples where a blanket purchase order may be used includes office supplies or other small but repeatedly purchased commodities.

• (e) Purchase order authorization. The procurement and contracting department issues purchase orders to authorize the purchase of supplies, services, and public projects. Purchase orders are not issued after a purchase since the purchase has already taken place. The city and the vendor are at risk if items are purchased without proper authorization through a contract or purchase order. Noncompliance with the procurement policies and procedures may cause the transaction in question to be audited and presented to the city manager and city attorney for their review before payment can be made. All transactions are monitored and audited on a regular basis for compliance and violations are subject to disciplinary action.

• (f) Changes to purchase orders should a change to a purchase order be needed after the purchase order is issued the change will be processed through the city's ERP system. Information must be provided in the notes section to explain why the change is necessary with supporting documentation attached. For contracts spanning more than one year, the initial purchase order that was issued should be change ordered to add the additional years so that all costs are collected on one purchase order to match the contract. This allows for easier tracking of the contract value and for invoicing to be tied to the same PO.

• (6) Requests for formal solicitations. If a department needs a procurement by formal solicitation (IFB, RFP or RFQ), the department shall contact the procurement and contracting department for further assistance. The using department must provide a scope of work, pricing structure and any specific qualifications or minimum requirements the department would like included in the solicitation. The procurement and contracting department will draft the solicitation for review and comment by the department. Once the solicitation is finalized, the solicitation will be advertised to the public and the procurement and contracting department, in conjunction with the department, will conduct any pre submittal meetings, prepare any addenda to make changes to the solicitation, open the bids or proposals, and finalize the evaluation and selection process until a contract is ready for recommendation of award.

• (7) Approval of specialized procurements.

  • (a) All information technology related procurements shall be approved in advance by the information technology department.

  • (b) Engineering and construction solicitations should be either procured by or coordinated with the engineering department.

• (Ord. 2108, 1/23/2025)

The total estimated cost of supplies or services over the required period of time determines the procurement process that must be followed, as described below:

• (1) Supplies, services (not construction).

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§ 7.03.03

• (a) $5,000 or less for supplies can be obtained through the use of a city-issued procurement card (P-Card) or through a single quote and purchase order.

• (b) $15,000 or less: one quote or by negotiated contract.

• (c) $15,000.01 to $75,000: by the informal process three quotes.

• (d) Over $75,000: by the formal solicitation process.

• (e) Fleet vehicles may be procured using the three-quote process utilizing local dealerships for any amount. This exception is due to the difficulty in the market of getting vehicles in a timely manner.

• (f) See other special procurement methods and exemptions for other methods such as emergency, cooperative, etc.

• (g) The city council may from time to time revise the amounts identified herein setting forth the procurement process for supplies, maintenance work, and general services through adoption of a resolution identifying the revised amounts therefor.

• (2) Public works construction services. The process applicable for the procurement of public projects shall be established in accordance with the following bidding thresholds dependent upon the city engineer's estimated cost of the public project:

  • (a) As established pursuant to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) under Public Contract Code Section 22032(a) and as amended, currently $75,000 or less: by force account or negotiated contract.

  • (b) As established pursuant to Public Contract Code Section 22032(b) and as amended, currently $220,000 or less: by informal public project bidding procedures.

  • (c) As established pursuant to Public Contract Code Section 22032(c) and as amended, currently over $220,000: by formal public project bidding procedures utilizing the IFB process for fully designed projects and the RFP process for alternate delivery method projects such as construction manager at risk, design-build, etc.

• (3) Automatic amendment of bidding thresholds. If, as, and when the amounts set forth in Public Contract Code Section 22032 are later amended, this section and the amounts reflected herein shall be deemed to have been amended to reflect such changes, without the need for further action on the part of the city, and such changes reflected in Public Contract Code Section 22032 shall be deemed to be incorporated by reference herein.

• (Ord. 2108, 1/23/2025)

• (1) Soliciting informal quotes for supplies and services under $75,000. The using department shall prepare requirements or specifications for each procurement and solicit informal quotes via posted notice, telephone request, mail, email, or any other reasonable solicitation method. All quotes shall be documented in writing. If the department is unable to obtain a minimum of three quotes due to lack of available sources, the department shall document that reasonable efforts were made to obtain the minimum number of required quotes and request assistance from the procurement and contracting department in obtaining additional quotes. The department may also request the procurement and contracting department

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City of Palm Springs, CA

PROCUREMENT AND CONTRACTING

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§ 7.03.04

follow the formal process.

• (2) Award—Supplies, services. Departments may award contracts under this informal process to the supplier/provider that provided the lowest quote. This informal process is not to be used for any subjective type scoring or best value selection process. Award is price based only.

• (Ord. 2108, 1/23/2025)

• (1) The formal process for procurement of supplies, services including public works construction services shall comply with all aspects of state and local law governing formal competitive bidding, including, resolutions of the city council as may be adopted from time to time, this title, and applicable supplemental regulations. IFBs should be used when supplies, services and public works construction services are easily defined as price is the primary factor for award.

• (2) Bidder list. The city may maintain a list of qualified bidders in accordance with policies and procedures established by the director.

• (3) Notice. All qualified bidders on the city's list or registered in the city's electronic bidding system for the category of work being bid will be notified by the city's electronic bidding system. The notice will describe the scope of the supplies or services to be provided in general terms and how to obtain more detailed information about the procurement, and state the time and place for the submission of bids. All notices to qualified bidders through the city's electronic bid system registry of bidders shall be completed not less than 10 calendar days before bids are due.

• (4) Bidder's security/failure to sign contract. Bidder's security may be required by the director. If required, bidder's security shall be prescribed in the IFB in an amount equal to ten percent of the bid amount. Bidder's security shall be a cash deposit with the city, a cashier's certified check payable to the city, or a bid bond. The lowest responsible bidder shall forfeit the bid security upon the bidder's refusal or failure to execute the contract within ten calendar days after the date of the award of the Contract, or such other period of time as may be specified by the city. On the refusal or failure of the lowest responsible bidder to execute the contract, the city may award the contract to the next lowest responsible bidder submitting a responsive bid.

• (5) Bid opening procedure.

  • (a) Sealed bids shall be submitted electronically through the electronic bid system used by the city to the procurement and contracting department or the engineering department for certain public works solicitations by the date and time published in the IFB. Bids shall be opened by the city in public at the time and place stated in the IFB. Before bid opening, correction or withdrawal of mistaken bids for supplies, services, and public projects may be permitted in accordance with applicable provisions identified in the IFB issued for the procurement. If a mistake is discovered before bid opening, the bid may be withdrawn from the electronic system prior to the date and time set for bid opening. Bids may then be resubmitted prior to the date and time set for bid opening.

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City of Palm Springs, CA § 7.03.04

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• (b) After bid opening, any request for withdrawal of a bid for a public project, or for supplies or services where bid security is required, shall be made within five working days after bid opening and in accordance with Public Contract Code Section 5100 et seq., as amended from time to time.

  • (c) After bid opening for supplies and services where bid security is not required and a bidder withdraws its bid or fails to execute the contract, the bidder shall be prohibited from participating in further bidding on the project unless the bidder demonstrates good cause for withdrawal of its bid.

• (6) Basis of Award—Contracts resulting from the IFB process. If a contract is to be awarded or a purchase order is to be issued, it shall be made with the lowest responsible bidder submitting a responsive bid. Minor bid irregularities may be waived as outlined in the IFB document.

• (7) Tie bids. If two or more bids received are determined to be the lowest and responsive bids, the city may accept either bid. Should tie bids be received the following priority list will apply to the award:

  • (a) Business located within city boundaries with a valid business license;

  • (b) Coachella Valley based business;

  • (c) Riverside County based business; or

  • (d) State of California based business.

• (8) No bids. If no bids are received, the procurement may be performed by city employees by force account or by negotiated contract without further complying with this title.

• (9) Rejection of bids. The director may reject all bids presented, and shall have the following options:

  • (a) Cancel the procurement; or

  • (b) Issue a new IFB in the manner described in this chapter.

  • (c) For public works construction projects submitted to the city council, subject to passage by a four-fifths vote, a recommendation to declare that the public project can be constructed more economically by the employees of the city, and have the public project completed by force account.

• (Ord. 2108, 1/23/2025)

• (1) The bidding procedures for public projects are generally administered by the city's engineering department and shall comply with all aspects of state and local law governing informal competitive bidding, including, but not limited to, the Public Contract Code, Government Code, Labor Code, resolutions of the city council as may be adopted from time to time, this title, and applicable supplemental regulations.

• (2) Work may be performed by employees of the city by force account or by negotiated contract or through the formal IFB process.

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PROCUREMENT AND CONTRACTING

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§ 7.03.06

• (3) Adoption of plans and specifications—Authorization to bid. The city engineer, or designee, is authorized to review and approve engineering plans for purposes of design immunity pursuant to Government Code Section 830.6 for all public projects with an estimated cost less than the amount identified by Public Contract Code Section 22032(b). This shall include review and approval of the working details, drawings, plans and specifications prepared for the public project, including emergency and change order work, which may affect the design or operation of public improvements, and which may bring into question the city's liability for dangerous conditions of public property.

• (4) Bids in excess of statutory amount. If all bids received are in excess of the amount identified by Public Contract Code Section 22032(b), the city council may award the contract to the lowest responsible bidder submitting a responsive bid in accordance with Public Contract Code Section 22034(d).

• (Ord. 2108, 1/23/2025)

• (1) Public works construction projects may be procured through the IFB process for projects over $75,000 but less than $220,000 or when it is considered in the best interest of the city to pre-qualify contractors for public projects, the director may approve the use of a prequalification process. Projects over $220,000 must be formally procured through the IFB process or through an RFP if utilizing an alternate delivery method.

• (2) The city has elected to adopt the pre-qualification procedures of Public Contract Code Section 20101 for individual public projects, which includes, without limitation, the following requirements:

  • (a) Utilization of a standardized questionnaire and financial statement in a form specified by the city (Section 20101(a));

  • (b) Application of a uniform system of rating contractors on objective criteria, and on the basis of the completed questionnaire and financial statement (Section 20101(b));

  • (c) An appeal procedure by which a contractor that is denied pre-qualification may seek a reversal of that determination (Section 20101(d)).

• (3) The director shall make a recommendation to city council based on the findings of the evaluation process. Only those contractors successfully completing the pre-qualification process and approved by the city council shall be allowed to submit bids for that public project.

• (4) If a prospective Contractor is denied pre-qualification and the contractor disputes its prequalification rating, the following appeal process shall be followed:

  • (a) Upon written request by the contractor received by the city within two business days after receiving notification of its pre-qualification rating, the contractor will be provided the basis for the contractor's disqualification and any supporting evidence obtained by the city as a result of its investigation of the Contractor;

  • (b) The contractor shall, within five business days of receipt of the city's basis for the contractor's disqualification, provide a written rebuttal to the city's disqualification

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determination with all supporting evidence;

• (c) The director will consider the contractor's written rebuttal, and may uphold or reverse the director's original disqualification determination based on the evidence submitted, and a written final determination of the contractor's qualification status will be provided to the contractor within five business days of the city's receipt of its written rebuttal;

• (d) The director's final written determination is conclusive and will be forwarded to the city council as part of its action to approve the list of pre-qualified Contractors.

• (e) A Contractor's appeal rights are limited to the process identified herein, and no other appeal process shall apply.

• (Ord. 2108, 1/23/2025)

• (1) RFPs should be used when supplies or services are not easily defined and a best value process that combines the firm and teams' qualifications, solution offering, and price would be in the city's best interest. RFPs are also used for public works construction projects when alternate delivery methods are utilized. RFQs should be used for professional services such as architects and engineers where qualifications of the firm and team members should be the predominate factor in selection and where price cannot be considered for the initial evaluation phase.

• (2) Notice inviting RFQs or RFPs. At a minimum, the notice inviting RFPs or RFQs shall: (i) describe the project; (ii) state how to obtain more detailed information about the project; (iii) state the date, time and place for the submission of proposals or statements of qualifications; (iv) describe general parameters for evaluation and selection; and (v) price proposals for RFPs; (vi) include any other information required by state or local law.

• (3) Published notice. City staff shall solicit RFPs or RFQs via published notice in a newspaper of general circulation and on the city's electronic bid system for at least 10 calendar days before the date for receiving proposals or statements of qualifications or, unless urgent circumstances call for a shorter time.

• (4) Review of qualifications or proposals. The city will receive proposals or statements of qualifications at the date, time and place of submission on the noticing inviting RFPs/ RFQs. Any proposals or statements of qualifications or received after the deadline will be rejected by the city's electronic bid system The city will review and evaluate proposals or statements of qualifications based on the evaluation and selection criteria in the RFPs/RFQs and will identify qualifications that pass or fail based the minimum requirements and score the remaining categories on factors listed in the RFP or RFQ, or will rank proposals based on factors listed in the RFP or RFQ. For RFP's the procurement and contracting department staff will evaluate the cost proposals and develop the scores for the cost portion.

• (5) Negotiation. For the RFQ process once responders are ranked, the city may negotiate a contract with the highest ranked responder first, if negotiations fail to reach a fair and reasonable price, then negotiations would continue with the next highest ranked responder until a contract can be awarded. The city may also dispense with negotiations reissue the RFQ if the negotiations are unsuccessful.

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PROCUREMENT AND CONTRACTING

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• (6) Basis of award—Contracts under a RFP or RFQ process.

• (a) Under the RFP process awards for services and consulting services not otherwise considered professional services shall be to the highest scoring proposer after considering the evaluation criteria in the RFP, which may include a combination of both a qualifications component and a cost component as established by the city in the RFP.

  • (b) Under the RFQ process awards for professional services contracts shall be to the most qualified highest ranked responder who will best serve the city's interests considering the demonstrated competence and professional qualifications for the scope of services to be provided and at fair and reasonable price to the city.

• (7) Rejection of proposals and statements of qualifications. The director may reject all Proposals and Statements of Qualifications presented, and shall have the following options:

  • (a) Cancel the procurement; or

(b) Issue a new RFP or RFQ in the manner described in this chapter. (Ord. 2108, 1/23/2025)

• (1) Findings.

  • (a) The city annually spends significant amounts on purchasing supplies and services. The dollars used in making these purchases are derived in large measure from taxes and fees derived from local businesses and the city council has determined that funds generated in the community should, to the extent possible, be placed back in the local economy. Therefore, the city council has determined that it is in the best interest of the city to give a preference to local businesses in making such purchases whenever the application of such a preference is reasonable in light of the dollar-value received in relation to such expenditure.

  • (b) The city council further finds that the Coachella Valley is in a state of economic depression and many local businesses have been forced to close their doors due to severe financial losses. Many of these local businesses have been doing business in the Coachella Valley for many years. The city council finds that the city should promote and stimulate local businesses by requiring that purchases of supplies and services be acquired from local businesses.

  • (c) The city council further finds that this action is necessary to grow the local economy and preserve the local businesses that have diligently served the Coachella Valley for many years.

  • (d) Strategies that encourage people to buy locally are an important component of economic sustainability. Retaining local dollars within a community reduces economic export and increases the financial productivity of taxpayer dollars and increases the consumption of supplies and services while fostering a sustainable community. In working towards a sustainable economy, the city council recognizes that sustainable procurement policies are an important early step on the Palm Springs path to a sustainable community. By leveraging the purchasing power of the city to

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buy local supplies and services, instead of supplies and services from outside the Coachella Valley, it strengthens the local economic activity and employment as well as sets an example that helps foster and maintain a vital economic community for future generations.

• (2) Statement of policy. It is the policy of the city to promote employment and business opportunities for local residents and local businesses on all contracts and give preference to local residents, workers, businesses, contractors, and consultants to the extent consistent with the law and interests of the public.

• (3) Local preference in purchasing. In the procurement of supplies, as provided in this title, the city council or the director may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed 5% of the local business' total bid price, or $15,000, whichever amount is lower. Total bid price shall include only the base bid price but also adjustments to that base bid price resulting from alternates requested in the solicitation. In order for a local business to be eligible to claim the preference, the person or business must request the preference in the solicitation response and provide a copy of its current business license from a jurisdiction in the Coachella Valley.

• (4) Local preference in services. In awarding contracts for services, including professional services, preference to local business shall be given whenever practicable pursuant to this title consistent with the Statement of Policy in subsection (2) above. If the RFP method is used is soliciting the services, 5% of the available points used to score the proposals will be used for evaluating the local preference component of the proposal. The person or business will also, to the extent legally possible, solicit applications for employment and proposals from subcontractors for services associated with the proposed contract from local residents and local businesses as opportunities occur and hire qualified local residents and local businesses whenever feasible. In order for a local business to be eligible to claim the preference, the person or business must request the preference in the solicitation response and provide a copy of its current business license from a jurisdiction in the Coachella Valley.

• (5) Local preference in public works contracts (sub-contracting). The contractor shall use good faith efforts to sub-contract supplies to local businesses and to sub-contract services to local businesses whose work force resides within the Coachella Valley. The contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the services or provide the supplies. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The city council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection.

• (6) Exceptions to local business preference policy. The preference set forth in this section shall not apply to the following purchases or contracts:

  • (a) Supplies or services provided under a cooperative purchasing agreement.

  • (b) Purchases or contracts which are funded in whole or in part by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of a

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PROCUREMENT AND CONTRACTING

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local preference.

• (c) Purchases made or contracts let under emergency or noncompetitive situations.

• (d) Purchases with an estimated cost of $75,000 or less.

• (e) Application of the local business preference to a particular purchase, contract, or category of contracts for which the city council is the awarding authority may be waived at the city council's discretion.

• (7) Quality and fitness. The preferences established in this section shall in no way be construed to inhibit, limit or restrict the right and obligation of the city council and the director to compare quality and fitness for use of supplies, materials, equipment, and services proposed for purchase and compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. In addition, the preferences established in this section shall in no way be construed to prohibit the right of the city council or the director from giving any other preference permitted by law or this title.

• (8) Application. This section shall be implemented in a manner consistent with otherwise applicable provisions of this title.

• (9) Verification of local business preference eligibility. Any person or business claiming to be a local business, shall so certify in the bid, in writing to the director. The director shall not be required to verify the accuracy or any such certifications and shall have sole discretion to determine if a person or business meets the definition of "local business." The decision of the director declaring that any person or business is not a local business shall be subject to appeal pursuant to the provisions of Chapter 2.50 of the Municipal Code.

• (10) Enforcement.

  • (a) The information furnished by each participant requesting a local business preference shall be under penalty of perjury.

  • (b) No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a local business for the purpose of this section.

  • (c) No person or business shall willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a city official or employee for the purpose of influencing the certification or denial of certification of any entity as a local business.

  • (d) A business which has obtained city certification as a local business by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall:

    1. Pay to the city any difference between the contract amount and what the city's costs would have been if the contract had been properly awarded;

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§ 7.03.09

2. In addition to the amount described in subsection (10)(d)(1) above, be assessed a penalty in an amount of not more than 10% of the amount of the contract involved; and

3. Be subject to debarment from future award of contracts from the city.

• (e) The penalties identified in subsection (10)(d) above shall also apply to any business that has previously obtained proper certification and, as a result of a change in its status would no longer be eligible for certification, fails to notify the director of this information prior to responding to a solicitation or accepting a contract award.

• (11) Promulgation of administrative rules. The director is authorized to adopt administrative rules supplemental to the provisions of this title as necessary or appropriate to implement the provisions of this section. The provisions of this section and the rules adopted by the director shall be provided to participants to the widest extent practicable.

• (Ord. 2108, 1/23/2025)

• (1) General. 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: (a) the reason the special purchasing method was used; (b) the results of the solicitation; (c) the results of the negotiations; and (d) the recommendation for the award. Any award shall be supported by findings identified in the written report.

• (2) Sole source procurement.

  • (a) 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 containing a sole source letter from the vendor or contractor and the documentation from the department director of why sole source procurement was required and why only that product or service would meet the requirements of the department.

  • (b) Sole source purchases may be made when only one specific product or vendor meets a need by the city. Sole source procurements must be justified by obtaining a sole source letter with current date from the vendor that provides the necessary information to show how their product or services is a sole source, such as patent or copyright information, and an explanation from the department why only that vendor or product meets the needs of the department. Sole source requests should be sent to the Procurement and Contracting Director in advance for approval before proceeding with the requisition process so that the process is not delayed.

• (3) Special expertise procurement. 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

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City of Palm Springs, CA

PROCUREMENT AND CONTRACTING

§ 7.03.09

§ 7.03.09

with such competition as is practicable under the circumstances and any use of this exemption shall be documented with justification from the department as to why it was necessary.

• (4) Emergency procurement.

  • (a) Chapter 2.20 and Public Contract Code Section 1102 define an "emergency" as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

• (b) Departments may experience emergencies that affect the health and safety of the public or the city's assets. In the event an emergency purchase is needed, the city manager can authorize these purchases. The city manager should be contracted right away, and an email should be sent to the city manager explaining the emergency, the proposed resolution and estimated cost. The city manager will return the email approval which will be used as the support for the contract and/or purchase order. The emergency purchase is to cover the emergency only and not for extra items or work needed that can be properly procured after the emergency is subsided. Also, poor planning or not procuring things on time shall not be eligible for emergency approval.

  • (c) During an emergency, the procurement as approved by the city manager may occur without applying the provisions of this title. All such procurements 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.

  • (d) 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 Section22050, the city manager may approve emergencies up to the signature authority allowed by Council. For emergencies over the city manager's authority 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.

  • (e) 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 procurement 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.

• (5) Cooperative purchasing programs.

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City of Palm Springs, CA § 7.03.09

PALM SPRINGS CODE

§ 7.03.09

• (a) The city council may authorize the acquisition of supplies or services through a joint powers or other cooperative purchasing program with a public entity or association of public agencies or officials, provided that the contractor selected has been selected through a competitive process and the director finds: (i) that the competitive process is similar to that contained in this title or adequate to protect the public interest; and (ii) that due to economies of scale, the nature of the product, or market conditions, the price of the supplies or services is likely to be less through the cooperative purchase than through the city's independent purchasing pursuant to this title.

  • (b) Departments may utilize purchasing cooperatives and state contracts to purchase needed items. The city participates in purchases through the State's California Multiple Award Schedules (CMAS) and through non-state cooperatives, such as, but not limited to, NASPO, OMNIA, HGAC and Sourcewell. Departments needing to utilize a cooperative contract or if a vendor indicates they are part of a cooperative contracting program, shall contact the procurement and contracting department for further assistance. These contracts may fulfill the need to obtain quotes or perform a formal solicitation process as they have already been procured by a qualifying agency. The contract must be open for use and the items needed must be on the contract. The price offered to the city must be at or below the price listed on the cooperative contract.

• (6) Federally funded projects. Along with the procurement and administrative requirements in this title, there are additional requirements when spending federal funds. This includes complying with CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which must be followed when spending certain federal funds. Federal funding typically has additional procurement requirements that must be carefully reviewed in order to be in compliance. These requirements vary, but typically require different procurement methods and forms and certain procurement and contract clauses, while some city policies will not apply when using federal funding such as the local preference ordinance. Additional federal contract administrative requirements will apply during the contract. Departments must work with the procurement and contracting department if procuring federally funding projects to make sure the solicitation and resulting contract are federally compliant.

• (7) Alternate delivery procurement methods.

  • (a) Policy. The director is authorized to establish policies and procedures for implementation of alternate delivery procurement methods such as but not limited to construction manager at risk (CMAR), design-build (D/B) procurement, public private partnerships, etc., within the guidelines in this section.

  • (b) Procurement.

1. Construction of public projects may be procured through alternate project delivery methods by undertaking an RFP process. Notwithstanding the foregoing, the city may prequalify proposers through an RFQ process prior to the RFP process. The RFP must contain, at a minimum, the following elements:

   2. 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.

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City of Palm Springs, CA

PROCUREMENT AND CONTRACTING

§ 7.03.09

§ 7.03.09

3. The proposed terms and conditions for the contract.

4. The project requirements, criteria for the intended use of the project, expressed in conceptual documents, basis of design, bridging documents, performanceoriented 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.

5. 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.

6. A schedule for planned commencement and completion of the project.

7. 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.

• (c) 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. Criteria for selecting a Contractor for award of a contract may include, but are not limited to, the following:

  1. An evaluation of references provided with respect to responsiveness, quality of work, timeliness and overall performance.

  2. An evaluation of overall quality, capability, resource availability and financial stability of the contractor.

  3. An evaluation of the contractor's experience, training and qualifications.

  4. 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.

  5. The extent to which the contractor's proposal meets the requirements set forth in the RFP.

  6. Analysis of the cost relative to the contractor's ability to meet the requirements set forth in the RFP.

7. Depending on the number of proposals received, the selection committee may develop a "short list" of top ranked proposers. The selection committee may require "short listed" proposers to participate in an interview and/or make a presentation to establish a final ranking. The selection committee will then either recommend the top ranked firm where pricing has been provided during the process or begin negotiations with the top ranked proposers where pricing could not be provided as part of the evaluation process. 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 proposers and may

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City of Palm Springs, CA § 7.03.09

PALM SPRINGS CODE

§ 7.03.10

begin with the next highest ranked proposer. 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 contract providing the best value to the city.

(Ord. 2108, 1/23/2025)

• (1) This section sets forth the protest remedies available with respect to the procurement process. Each participant by submitting its response to the solicitation, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each participant agrees that the decisions on any protest, as provided herein, will be final and binding on the protestant.

• (2) All protests and related statements described in this section shall be submitted for filing to the following addresses:

  • (a) Submittal via hand delivery or U.S. mail:

City of Palm Springs

Procurement and Contracting Department

3200 Tahquitz Canyon Way

Palm Springs, CA 92262

Attn: Director of Procurement and Contracting

• (b) Submitted via email to the director of procurement and contracting.

• (3) Protests regarding solicitation requirements.

  • (a) If any attempts to resolve participants' concerns during the request for clarifications/ question and answer period were unsuccessful, protests regarding the solicitation requirements shall be filed only after the question-and-answer period ends, but no later than five calendar days after the final addendum is issued.

  • (b) Participants may protest the solicitation requirements on the grounds that:

    1. A material provision in the solicitation is ambiguous to a point that the participant cannot respond to the solicitation; or

    2. The solicitation restricts fair and open competition; or

    3. Any aspect of the solicitation requirements described herein violates applicable local, state or federal law.

  • (c) Protests regarding the solicitation requirements shall completely and succinctly state the grounds for protest and shall include all factual and legal documentation in sufficient detail to establish the merits of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protest by preponderance of the evidence. The outcome of the solicitation requirements protest shall be decided on the basis of the written submissions by the

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City of Palm Springs, CA

PROCUREMENT AND CONTRACTING

§ 7.03.10

§ 7.03.11

city's Procurement and Contracts Department in conjunction with the city's legal department, whose decision shall be final and binding on the protestant. The city will issue a written decision regarding any protests to the protestor or to all participants.

• (d) Notwithstanding the existence of a protest the city may continue the procurement process. The failure of a participant to file a basis for a protest regarding the solicitation requirements within the applicable period shall preclude consideration of that ground in any future protest related to solicitation requirements.

• (e) This is the only time a prospective participants can file a protest over solicitation requirements.

• (f) The city may issue addenda or extend the solicitation due date to address the issues raised in a requirement related protest.

• (4) Protests regarding selection.

  • (a) The city will only consider protest by participants that respond to the solicitation.

  • (b) Participants may protest the selection only on the grounds that the city did not comply with solicitation process and procedures.

  • (c) Any protests regarding the city's decision of selection shall be filed within seven calendar days after the selection or recommendation of intent to award issuance or bid result posting. The city will not accept protests filed after this time period.

  • (d) The city will not entertain protests of solicitation requirements during this stage in the process.

  • (e) The protestant shall file a detailed written statement on the grounds, legal authority and facts, including all documents and evidentiary statements in support of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protests by a preponderance of the evidence. Failure to file a protest within the applicable period shall constitute a waiver of the right to protest the selection.

  • (f) The city shall issue a written decision regarding the protest within 30 calendar days after the filing of the detailed statement of protest. The decision shall be final and binding on the protestant.

  • (g) The city reserves the right to request information and/or documentation from the other participants to respond to issues raised in a protest.

• (5) Under no circumstances shall the city be held liable for payment of the protestant's costs or attorneys' fees. The city shall not be liable for any damages to the protestant filing the protest or to any participant in the protest, on any basis, express or implied.

• (Ord. 2108, 1/23/2025)

When for any reason collusion or other anti-competitive practices are suspected among any participants in the solicitation process, a notice of the relevant facts shall be transmitted to the State Attorney General and the Riverside County District Attorney's Office.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 7.03.11

§ 7.03.11

• (Ord. 2108, 1/23/2025)

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City of Palm Springs, CA

PROCUREMENT AND CONTRACTING

§ 7.04.01

§ 7.04.01