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CC Resolution 1996-080^ L RESOLUTION NO.96-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PRESCRIBING THE PROCEDURES, RULES AND REGULATIONS GOVERNING THE SOLICITATION AND SELECTION OF FIRMS AND AWARD OF CONTRACTS FOR THE FURNISHING OF PERSONAL SERVICES, PROFESSIONAL OR CONSULTING SERVICES, OR OTHER CONTRACTUAL SERVICES WHICH ARE NOT SUBJECT TO THE FORMAL BIDDING PROCEDURES PRESCRIBED IN SUBSECTIONS 3.12.120 THROUGH 3.12.260 OF THE LA *UINTA MUNICIPAL CODE WHEREAS, the City Council of the City of La Quinta, California, adopted Section 3.12.280 of the La Ouinta Municipal Code in 1982; and WHEREAS, Section 3.12.280 of the La Ouinta Municipal Code provides that the City Council shall prescribe by resolution those procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services, professional or consulting services, or other contractual services which are not subject to the formal bidding procedures prescribed in subsections 3.12.120 through 3.12.260 of the La Quinta Municipal Code; and WHEREAS, the adoption of procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of certain service contracts is in the best interest of the City of La Quinta; and WHEREAS, the City Council now desires to prescribe such procedures, rules and regulations governing the solicitation and selection of firms and the award of contracts for the furnishing of certain services; NOW, THEREFORE, the City Council of the City of La Quinta, California, does resolve as follows: Section 1: To the extent that any prior Resolution has been adopted by the City Council of the City of La Quinta, California, pursuant to Section 3.12.280 of the La Quinta Municipal Code, this Resolution supersedes Resolution No.93-28. Section 2: The procedures, rules and regulations herein prescribed shall be applied to the selection of firms and award of contracts for services which are not subject to the formal bidding procedures prescribed in subsections 3.1 2.1 20 through 3.12.260 of the La Quinta Municipal Code. BIB] 09-01-1998-U01 09:06:37AM-U01 ADMIN-U01 CCRES-U02 96-U02 80-U02 ^ LResolution No.96-80 Page 2 Section 3: The procedures, rules and regulations herein prescribed shall have as one purpose the obtaining of contractual services of the highest quality and at fair and reasonable prices. Section 4: Professional Services Registry The City shall maintain a professional services registry the Registry") of firms qualified to provide the services governed by the provisions of this resolution. The Registry shall contain the names, addresses and telephone numbers provided by the firms, the particular categories of services each firm desires to provide, and limited documentation as may be provided by each firm in support of the firm's qualifications and professional competence to perform the services. The City may limit the quantity of materials that will be maintained in the Registry for each firm. SectionS: Annual Notice The City Clerk shall annually publish a notice inviting firms to submit or update their qualification. The notice shall be published at least twice in a newspaper of general circulation. The City may prescribe a standard form with which interested firms shall submit their qualifications. Biannually, the City Clerk shall mail notices to firms on the Registry requesting that they verify or update their qualifications materials. Any firm not responding to the notice shall be removed from the Registry. Section 6: Selection Criteria for Services Regulated by Section 4526, California Government Code the Little Brooks Act"). In accordance with the Little Brooks Act, the selection of professional services of private architectural, engineering, land surveying, or construction management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. A) Selection Procedure Contracts $25,000 and more. Selection of firms for service contracts that require the expenditure of $25,000 or more shall be according to the following procedure: BIB] 09-01-1998-U01 09:06:37AM-U01 ADMIN-U01 CCRES-U02 96-U02 80-U02 ^ L Resolution No.96-80 Page 3 1) Notify the City Council. The City Manager or the contracting department shall notify the City Council of the need to contract for professional services. 2) Form a Selection Committee. A Selection Committee shall be formed and shall be composed of members competent to judge the qualifications of firms for the specific category of services to be provided. The City Council may appoint one or two members to participate in or observe a staff selection procedure or may elect to function, itself, as the Selection Committee. 3) Review Qualifications. The Selection Committee shall review the qualifications of firms offering to provide the specific category of services required. The Committee may review materials contained in the Registry or may issue a Request for Qualifications Statements RFQ). The RFQ, if issued, shall provide a general description of the services required and shall request that the firms submit Statements of Qualifications to perform those services. 4) Select Short List of Most Qualified Firms. After reviewing qualifications, the Selection Committee shall select a short list of the most qualified firms. The short list shall include, whenever possible, at least three firms. 5) Issue a Request for Proposals. The Committee shall issue a Request for Proposals RFP) to the firms appearing on the short list. The form of the proposals requested should be commensurate with the size of the project and the complexity of the proposed scope of work. For smaller projects or projects with well-defined scopes of work, the proposal may consist of an offer to perform the work defined in the RFP and a schedule of performance. For larger projects or projects with poorly-defined scopes of work, proposals should include more specific information which may include the firm's proposed team, understanding of the project, approach, a detailed scope of work, and schedule. The RFP may require that each firm submit a fee proposal with its work proposal. For services regulated by the Little Brooks Act, the fee proposal, if required, shall be submitted in a separate, sealed envelope. 6) Rank Short-listed Firms. The Selection Committee shall review the work proposals and rank the short-listed firms according to the merits of their qualifications, their work proposals, and other information which is or becomes available to the Committee. If necessary, the Committee may hold informal discussions with one or more of the short-listed firms to clarify or expand on the information available about thatfirm. BIB] 09-01-1998-U01 09:06:37AM-U01 ADMIN-U01 CCRES-U02 96-U02 80-U02 ^ LResolution No.96-80 Page 4 7) Interview Top Ranked Firms. The Selection Committee may conduct interviews to distinguish between closely-ranked firms or to clarify information received in qualifications statements or proposals. The Committee shall then rank the firms on the merits of all information received, except the fee proposal, if any. 8) Notify Firms. Following the selection process, the firms on the short list shall be notified of their positions in the ranking. 9) Open Fee Proposals. City Manager and/or representatives of the applicable department shall open and review the fee proposals if any) to determine the apparent fair value of the contract. 10) Negotiate with the Top-Ranked Firm. The City Manager and/or representatives of the applicable department shall negotiate with the top-ranked firm, if necessary, to arrive at mutually acceptable contract terms. 11) Terminate Negotiations and Begin Negotiations with next-Ranked Firm. If an agreement cannot be reached with the top-ranked firm, negotiations with that firm shall be terminated and shall not be reopened with that firm. Negotiations shall then begin with the next firm in the rankings. This process shall be repeated until negotiations are successfully concluded or until the list of qualified firms submitting proposals is exhausted. b) Selection Procedure Contracts Under $25,000 Selection of firms for service contracts that require the expenditure of less than $25,000 shall be according to the following procedure: 1) Selection of Firms. The City Manager or a designate may select and negotiate a contract with a qualified firm from the Registry pursuant to the informal bid procedure in Municipal Code Section 3.12.240 or may follow any or all of the selection procedures outlined herein above. 2) Limitation of Procedure. No firm or individual may be selected by this procedure more than once in any fiscal year without the specific consent of the City Council if the aggregate value of contracts so awarded to that firm or individual will exceed $25,000. BIB] 09-01-1998-U01 09:06:37AM-U01 ADMIN-U01 CCRES-U02 96-U02 80-U02 ^ L Resolution No.96-80 Page 5 Section 7: Selection Criteria for Services Not Regulated by the Little Brooks Act. The selection of personal services, professional services or consulting services not regulated by the Little Brooks Act shall comply with the provisions of Section 6 herein above except that fee proposals if any) may be opened at the same time as work proposals and may be considered in ranking the various firms. Section 8: The award of contracts negotiated with firms selected pursuant to Sections 6 and 7 herein shall be by approval of the City Council. Section 9: Exceptions to the procedures set forth herein shall be as follows: a) Renewal of Contracts. The City Council may authorize the City Manager to bypass competitive selection procedures in the renewal of renegotiation of existing contracts for continuing services. b) Exceptions Authorized by Section 3.12.270 of the La Ouinta Municipal Code. Exceptions to the foregoing procedures shall be as set forth in Section 3.12.270 of the La Ouinta Municipal Code. PASSED, APPROVED AND ADOPTED this 1 * day of October, 1 996 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLENDA L HOLT, Mayor City of La Quinta, California BIB] 09-01-1998-U01 09:06:37AM-U01 ADMIN-U01 CCRES-U02 96-U02 80-U02 ^ LResolution No.96-80 Page 6 ATT ST: AUNDRA L. JUHOLA* City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California BIB] 09-01-1998-U01 09:06:37AM-U01 ADMIN-U01 CCRES-U02 96-U02 80-U02