Tracy Municipal Code Art. 3 Consultant and Professional Services

The City Manager and the department heads are each authorized to enter into a contract for consultant or professional services in accordance with the limits on their authority in Article 2 of this chapter. "Consultant or professional services" is defined in Section 2.20.030(c).

(Ord. No. 1380, 2-3-2026)

For procurement of services with a value of less than Fifty Thousand Dollars and no/100ths ($50,000.00), purchases shall be made by purchase order, invoice, or other written purchase documentation approved by the City Manager or designee, and as to form by the City Attorney.

(Ord. No. 1380, 2-3-2026)

(a) Informal requests for proposal (RFP) procedure. The procurement of services with a value of Fifty Thousand Dollars and no/100ths ($50,000.00) to One Hundred Thousand Dollars and no/100ths ($100,000.00) 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 be based at least three proposals made by department, which, whenever possible, may result in at least three (3) proposals for review. The contract shall be awarded to the best qualified and most responsible proposer. To the extent that such is not prohibited under State or Federal law, regulations, or funding restrictions, the fact that a proposer is a local consultant or professional may also be taken into account when awarding the contract. The dollar amount of the proposal shall be considered but the award of the contract need not be made to the lowest dollar proposal.

(2) Retention of proposal. The department shall retain all proposals in accordance with the City Council-approved retention schedule.

(3) Award of contracts. The department head is authorized to award a contract in accordance with the authorization granted in Section 2.20.100.

(b) Exceptions. Informal requests for proposals under this section may be dispensed in the following situations:

(1) In an emergency;

(2) When the services can reasonably be obtained from only one source, which must be determined after evaluating available sources to determine there is only one source capable of competently and efficiently providing the required service; or

(3) When the City Manager in his/her best judgment makes a written finding that compliance with these procedures is not in the best interest of the City; or

(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:

(i) a City-approved reimbursement agreement exists;

(ii) an applicant for development entitlements has deposited the full amount of the contract with the City; and

(iii) the funds are to be used for development related studies, such as an environmental impact report.

(Ord. No. 1380, 2-3-2026)

(a) Formal request for proposal (RFP) procedures. The City shall procure services with a value greater than One Hundred Thousand Dollars and no/100ths ($100,000.00) 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 (3) consultant firms and shall be posted on the City website at least ten (10) days prior to the deadline for submission of proposals. Proposers shall submit sealed/approved electronic-version 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 and shall include evaluation of which proposer is the most qualified, experienced, and suitable bidder, taking into account price and the other factors stated in each request for proposals. To the extent that such is not prohibited under State or Federal law, regulations, or funding restrictions, the fact that a proposer is a local consultant or professional may also be taken into account when evaluating 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 Council shall award a contract for services with a value equal to, or greater than, One Hundred Thousand and no/100ths ($100,000.00) Dollars.

(b) Exceptions. Formal requests for proposals under this section may be dispensed in the following situations:

(1) In an emergency as defined herein and as approved in writing by the City Manager or her/his designee;

(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, in the judgment of the City Council, compliance with the procedure is not in the best interest of the City; or

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

(Ord. No. 1380, 2-3-2026)