Whittier Municipal Code Ch. 2.40 Additional Departments

In accordance with the provisions of Section 601 of the Charter of the city, the council creates and establishes a building and safety department, which department shall be in charge of and headed by a director of building and safety.

(Prior code § 2470)

In accordance with the provisions of Section 601 of the Charter of the city, the council creates and establishes a public works department, which department shall be in charge of and headed by a director of public works-city engineer-superintendent of streets responsible for the divisions of engineering, solid waste collection and disposal, water, sewer, streets, fleet and civic center maintenance.

(Ord. No. 3028, § 1, 4-14-15)

Editor's note— Ord. No. 3028, § 1, adopted April 14, 2015, amended § 2.40.020 in its entirety to read as herein set out. Former § 2.40.020 pertained to engineering department, and derived from prior code § 2471.

In accordance with the provisions of Section 601 of the Charter of the city, the council creates and establishes a police department, which department shall be in charge of and headed by a chief of police.

(Prior code § 2473)

In accordance with the provisions of Section 601 of the Charter of the city, the city council creates and establishes a parks, recreation and community services department, which department shall be headed by a director of parks, recreation and community services.

(Ord. No. 3122, § 8, 9-8-20)

Editor's note— Ord. No. 3043, § 1, adopted Oct. 27, 2015, repealed § 2.40.050, which pertained to street maintenance department and derived from Prior code, § 2475.

Editor's note— Ord. No. 3043, § 1, adopted Oct. 27, 2015, repealed § 2.40.060, which pertained to water department and derived from Prior code, § 2476.

The department heads authorized to execute contracts for public work projects are authorized to seek proposals from qualified private entities ("contractors") for design-build construction without being required to follow competitive bidding procedures, under the following conditions:

A. Before any request for proposals is issued on a project, the department head shall determine that a design-build program is necessary or appropriate, finding at least one of the following circumstances relating to the proposed project, and shall communicate such finding to the city council and generally describing the proposed project:

1. Competitive proposals for the project would be unavailing or would not produce an advantage for the city;

2. Competitive bidding would be undesirable, impractical, futile or impossible;

3. Public interest would be served by avoiding competitive bidding procedures, including the best overall economic result for the public relating to the proposed project.

B. Before any request for proposals is issued on a project, the department head shall obtain approval for the solicitation of design-build proposals by the mayor, unless the proposed public works project is for the use or benefit of a department that is under the jurisdiction of a commission, in which case the commission's approval shall be obtained in place of the mayor's.

C. Contractors submitting design-build proposals shall offer evidence of qualifications in the field of design and construction of similar projects or of skills relating to proposed project. The department head may request contractors to create partial designs, which will be evaluated as part of the selection process.

D. All solicitations for design-build proposals shall require contractors to agree not to discriminate against any employee, city employee working with such contractor or subcontractor on the proposed project, or applicant for employment with such contractor or subcontractor on the basis of the fact or perception of that person's race, color, religion, ancestry, national origin, age, sex, marital status or disability, or association with members of those classes or persons.

E. The department head shall evaluate developers' proposals and rank the proposals to determine which provides the best overall benefit and value to the city, according to the following criteria:

1. Time period for completion of the proposed project;

2. Cost to the city, including both short-term and long-term costs;

3. Qualifications of the contractors to design the proposed project;

4. Qualifications of the contractors to construct the proposed project;

5. Quality of design proposal;

6. Compliance with all the requirements and criteria established by the department head in the request for proposals.

F. Subject to final approval by the city council, the department head is authorized to negotiate with the highest ranked contractor for all items necessary and appropriate for the proposed project. If the department head determines that contract negotiations with the highest-ranked contractor are not proceeding satisfactorily, the department head may terminate such negotiations and enter into negotiations with the next-highest-ranked contractor. If the department head deems a contract to have successfully been negotiated with a contractor, the department head may then recommend such proposed contract to the city council for final approval by way of resolution, adopted by at least four affirmative votes. The city council shall retain the absolute discretion to determine not to proceed with any proposed project, which right may be exercised without liability to contractors for costs incurred during the entire proposal and negotiation process, and such rights shall be reserved in all requests for proposals.

G. All actions heretofore taken by a department head consistent with the provisions of this section are hereby deemed approved by the city.

(Ord. 2783 § 1, 2001)