HomeMy WebLinkAboutReso 17-16 Amending the Policy and Procedures for Hiring ConsultantsRESOLUTION NO. 1746
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING VARIOUS SECTIONS OF THE CITY POLICY
AND PROCEDURES FOR HIRING CONSULTANTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council approved the Policy and Procedures for Hiring Consultants (the
"Policy") on August 27, 2013; and
WHEREAS, recent changes to the Morro Bay Municipal Code (MBMC) have been made relating
to Contract Authority and the Purchasing Process listing a threshold amount of $125,000 for consultant
services; and
WHEREAS, staff has reviewed the Policy and determined modifications are warranted to align
the authorization amount to the MBMC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, as
Follows:
SECTION 1. The Policy is readopted, as attached hereto as Exhibit A.
SECTION 2. This Resolution shall be effective as of April 12, 2016.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof
held on the 12th day of April, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Irons, Headding, Johnson, Makowetski, Smukler
None
None
None
DANA SWANSON, City Clerk
� 1 ; d W
s policy outlines the l�rocedtrres for securing the services of consultants. Before anti work
by a consultant may begin, the City requires that certain approvals are obtained and an
acceptable and properly signed contract is completed. All departments that intend to engage
a consultant must obtain pre -approval of budget availability before committing funds to pay
a consultant. It is the policy of the City that the following procedures shall. be used in the
selection of consulting services.
'1 he purpose of this policy is to establish general guidelines for the selection. of consultants. It is
the intent of the City to make a selection on the basis of demonstrated competence and/or
professional qualifications for the services required at a competitive price. Furthermore,
consultant services are of a professional nature, and due to the ethical codes of the professions
involved, as well as the nature of the services to be provided, do not readily fall within the
competitive bidding process. Consultants should be individually selected for a specific project
or problem with the objective of selecting the most qualified consultant at a fair and
reasonable cost based of the complexity of the work involved.
Except as otherwise provided, the City of �-�orro Ba�will solicit competitive proposals by
releasing; when practicable, Requests for Proposals (RFPs) to perform work for which the City
does not have staff available or lacks the technical expertise required to perform a
project/program. Consultants will be individually selected. for specific projects with regard to
special knowledge of the subject matter; ability to perform the services within the time allowed,
record of success on similar work; the demonstrated understanding of City project related issues;
proven working relationships with City project statT; consultant availability to City staff and the
project; and ability to perforsm effectively in the necessary discussion, presentation, coordination,
and cooperation realms of the project. N7hile the primary- goal of consultant selection is on the
basis of demonstrated competence and professional experience, the cost of providing the
technical service to be performed will also be considered. Deviation from an. RFP selection
process (i.e., negotiated contracts) shall only be employed. as discussed below.
This Consultant Policy applies to the engagement of, and all payrrients to, incliyiduals or #firms
zvlo are not employees of the City. The policy provides guidance regarding the engagement cif
consultants who perform a specific service, provide advice, or render assistance for a specific
time period. Consultants normally possess specialized skills, knowledge or credentials that are
not readily available among City staff and shall apply to the selection of technical consulting
firms for design, revie�, inspection, field supervision contract management, feasibility studies,
master planning, and related services in. connection `with public improvement projects and/or
Approved April 12, 2016 Page 1
governmental operations for the City of A�lorro bay. for purposes of this policy, consulting
services include, but are not limited to, professional services which may be contracted for by the
City in the following fields;
1 ngineering (civil, mechanical, electrical, structural, traffic, etc.}
Architecture
Landscape Architecture
City and Regional Planning
I conomic Analysis
Property Analysis
Financial Services
Data Processing Services
Rates and Fees
Recreation
Risk Management
Human Resources (Rey employee recruitment, training. etc.}
Contract Management (Construction management inspection etc.)
Administrative Services
Legal Services
Environmental Services
.,and Surveying
The term "consuhtant" may include individuals, partnerships, a corporation, joint ventr.rres, or any
other combination of firms or persons deemed by the City to be qualified to perform the required
services.
eneral: eguirements.4
1. '1'he use of consultants provides an important human resource tool by addressing short-term
project -oriented needs that t4ould not warrant the addition of permanent firll-time stag
because of the finite nature of the task. Arrangements to secure the services of a consultant
are beneficial when the services are so specialized or highly technical that they cannot be
performed economically or satisfactorily by existing City staff, or in a situation where there
are signi#icant time or city workload constraints.
2. The use of a consultant is expected to be primarily for this purpose of obtaining
recomrner�dations for solving clearly delineated laroblerns.
3. In general. the determination regarding ernplovee versus consultant status is made b}r the
Administrative Services Director in close coordination �,vith the affected Departrnerit Head.
In cases where it is difficult to determine the correct status, the Administrative Services
Director shall consult with the City Attorney to deter -mine whether an employer -employee
relationship exists. Only upon determination that no employer -employee relationship would
be established can the proposed agreement be executed. If an employer -employee
relationship would be established, the Administrative Services Director shall follow the
normal employment process.
Approved April 12, 2016 Page 2
The City`s conflict of interest code requires all City ollicials and employees to disqualify
themseh=es frorn participating in a City decision that may result in material financial gain to
their. That applies to decisions relating to contracting for the sere -ices of a consultant. Further, a
consultant shall not be in a reporting relationship to a. City employee vvho is a near relative nor
shall the near relative be in a decision -making position with respect to the consultant.
Former ernployces that subsequently Mork as consultants are prohibited froth 1-sarticipating
projects directly or indirectly related to the City of Morro Bay for a period of one year. For
example, the former employee may not work in the following consulting roles:
An individual working as an. independent consultant,
An individual working for a consulting firm (i.e., the firm may bid on City contracts bLi.t
may not involve a former employee on the project)
An. individual working for a firm that has been subcontracted by another consulting firm
to perform a specific component of a contract.
:fin exception to this prohibition may be granted, `vitl� City Council approval, under extenuating;
circtimstances before the one-year period expires; for example, when a former employee with
specialized skills and/or experience is required to work on a special project.
Selection of consultants for professional services shall be based on demonstrated competence
and the qualifications necessary for the work required, The following general selection factors
will be considered, to the extent that each may apply, in selecting a consultant for a particular
study or project:
A. The consultant and consultant team's dernor�strated understar�dirlg of the Cityj's
capital program infrastructure and standards; positive tivork experience with
City's project development and operations staff; and availability to the project surd
City staff.
B. 1✓'ducational and experience. background of the consultant's key staff that ll be
assigned to each. of the primary elements of the project t�ork as well as the
individual within the consultant's organization who will be in overall charge of the
work.
C. '�lecessar�- license or other professional credentials} of the consultant to perform
the particular study, project, or work.
D. Demonstrated recent record of success of the consultant on work previously
perf�7rrned for the City or others of a similar nati.rre and magTnitLtde. Key areas to
consider are the consultant's ability to deliver the required work or services in
acceptable form and detail, on schedule. and within budget.
Approved April 12, 2016 Page 3
l . the consultant"s documented record in delivering completed design, estimating,
construction management services, etc., of proven reliability as evidenced by the
final completion casts of previous projects of similar scope and magnitude.
I`he adequacy of the consultant's staff to perform the work WiL 11 the time
allowance.
CJ. The method(s) proposed by the consultant for the work required; the primary
elements of the work shall be identified.
H. The abilit` of the consultant to mare effective Britten reports and Public
presentations of the work or design as may be required.
I. The ability of the consultant to work effecti� ely ��-ith City staff, other public
agencies, and related parties as may be required during the course of the design,
study, or other tecllical services.
J, New or innovative ideas that are presented. by the consultant in the proposal which
demonstrate clear or advanced understanding of the work, its problems, and
possible solutions.
I�. ��'hether the consultant lras adequate l�noavledge of local conditions.
L. The consultant's past record of continued interest in the success, efficiency, and
workability of the program of services previously delivered.
-I. The ability of the consultant to furnish effective constr>.�ction supervision services,
where such services are an inherent part of a package of services for `which the
consultant is employed.
Q. The ability of the consultant to provide errors and omission insurance and other
insurance as may bc: required by the City �ttorneyiRisk Itilanager.
Each of the above listed general selection criteria factors may typically be employed in the
evaluation of any proposal. To this list may be added any specific or unusual evaluation criteria
necessary because of any special. work, process, or service required. Each selection criteria factor
nay be weighted according to its overall, perceived importance against the project whole.
W
hile price may not be the singular guiding issue in selecting a consultant, the consultant's
proposal shall include the "fixed" or "not -to -exceed" cost (6hichever is required by the RFP).
1'he proposal shall also include any required supporting data in the form of cost, man-hour of
each employee classification to be used, anticipated total project, man-hours for each
classification, overhead costs, expenses, etc. (Note: If a "not -to -exceed" cost is required by the
R14P, then the final cost of the service(s) shall be the consultant's actual cost incurred or the
agreed upon "not -to -exceed cost," whichever is less.)
Approved April 12, 2016 Page 4
1'he consultant's proposal will be reviewed for any deviations and exceptions taken, work not
included, or any other inconsistency between the City's RFP which details the "work required"
and the consultant's proposal which details the "work offered." The consultant shall explain the
reasons for the deviations and exceptions in the proposal. Deviations and exceptions which
demonstrate clear benefit or advantage to the City may receive special consideration.
E'irzms that have been dete.rmi�ied, by the department that is most familiar `�-ith t11e pz•t�jeet or
program, to be actively in the business of providing the required service will be invited to submit
proposals. When possible, the minimum number of flans requested to submit a proposal in
response to an RFP shall be three (3) for services estimated to cost from $45,000 to $125.000
and five (5) for services estimated to cost $125,000 or more.
W1�en appropriate, qualified local firms (F�-ithin San Luis C)bispo County) will be sezlt RFPs. For
unusual or extraordinary consulting services, Request for Qualifications (RFQs) will be sent to
selected firms. The RFQs will be :reviewed and evaluated to narrow and finalize the field of
qualified firms to be sent RFPs,
Recognizing the de�=elopent and presentatiozz of a professional proposal is often expensive, it is
the City's position. to request a proposal froze a firm only when the firm will be seriously
considered for the program, project, or work.
The review procedure for the selection of professional service contracts shall be as follows:
A. C�onsultazzt �'ontracts Costing Less than $45,00():
Request for Conszultant services shall be initiated b}- the requesting Department Director (or
Manager if there is no Director). The Departmentm or (or Manager if there is no
Director) may waive the formal RFP process and interview one or more consultants which the
Department Director (or Manager if there is no Director) believes is,
qualified to perform
the work. The Department Director (or Manager if there is no Director) will then select a
consultant and forward a recommendation, to include an explanation/justification for
bypassing a competiti� e RFP process, to the City- Manager for issue of a contract. At the
discretion of the City Manager, award will be made as recommended, or the City Manager
may require consideration of additional service providers.
13. Consultant Contracts Costing More Than $45,000:
1, Review,/Selection Committee:
The responses received to an RFP tivill be evaliated by a revie�vlseleetion committee `vlzich
shall. provide a recozmzmendation of a specific consultant for consideration. The
review/selection committee shall normally consist of requesting department staff members
Approved April 12, 2016 Page 5
appointed by the requesting Department Director (or Manager if there is no Director). Por
projects of particular interest, complexity; or controversy, the City Manager may designate
additional staff from other departments or request less than a quorum of Council Members or
others to participate can the review/selection committee. The review/selection committee Nvill
determine the ranking of the consultants. Final recommendation for awards valued greater
than $45;000 but under $125,000 wilt be presented to the City Manager for approval.
Reconunendations for awards over $125,000 will then be presented to Council for
consideration of contract award.
2. Deviation from RFP process:
The availability of qualified local firms {�,vithitl San I1uis Obispo County} is essential. to the
business of City government. .1No preserve that vital resource, the City Staff may decide to
solicit annual submission of Statements of Qualification (SoQ) from local and regional
professional firms that may provide value in executing the various programs and projects
identified in the annual budget or capital improvement program. Those SoQs may be used
to award on -demand delivery task order contracts to assist in the execution of the approved
Midget when appropriate. Those on -demand. contracts shall not exceed $125,000; unless
specifically approved by the Cite Council.
In addition, the City Council may authorize the cxecutioll of a cont�•act for sei�%ices up to
$125;000 without any previous publication or posting of notice inviting proposals when the
City Council finds and declares any one or more of the following situations exist:
a. ��'hen a propc�sa:l or proposals have been received for the subject services, inch>ding
publication or posting of notice, and the City has rejected any and all proposals, and
has authorized negotiation with one or more proposers or other parties who possess
the capability of supplying the required services, and the City finds the proposed
contract so negotiated is more favorable to the City than any which could be made
in accordance with the proposals heretofore requested.
b. When there is only one available source which can supply the subject natter of the
contract.
c. -'hen the contract is for professional services, ineluding peculiar or specialized
skill or ability.
V+,'lien atr emergency exists that makes it essential to the health, safety or welfare of
the people that emergency action be taken.
e. When sole. -source procurement is based on standards previously adopted by the
City Council.
f. `When prices have been established by other 6overnlnental entities; car associations
of goveY-nnrental entities, in such a manner as to ensure the best value available to
Approved April 12, 2016 Page 6
the City.
For procurement of services over $125000 when, at the request of the City
Manager, and upon approval thereof by the Cite Council, services are proposed to
be procured which do not constitute public works projects,
:=�11 of the above is to be in accordance r�,ith the Govel�zrnent Code requirements.
Tl�e description of the work set forth in the contract that results from the RFP may differ from
that described in the RFP if the review/selection committee determines it is in the City's best
interest to make that addition, deletion or correction. Contracts must be prepared on forms
approved by the City Attorney to assure they include all state and CJPIA required. contract
language. And modification of forms previously approved by the City Attorney or the use of a
non -City fon- requires the review by the City Attorney.
:.equests to the Cit�r Manager/City Co�u�cil to renew an existing contract ���ith a professional
consultant should include, an evaluation of the work performed by the consultant as well as a
determination that the fees being charged are comparable to similar services offered by other
consultants.
I1' the fee of the renewed contract does not exceed 5125,000, then the City li-tanager may
execute the agreement. If the fee exceeds 12>.000, then the request will be placed on the
Council agenda.
`I'hc total expenditures for consultant services shall be reported to City Council on a quarterly
basis.
Approved April 12, 2016 Page 7