BMC for 100 Please – A Penny For a Legal Opinion…?

By: Robjamco | Original Article at patch.com

2015-05-19a

As we all look forward to the the Council’s discussion on Urban Logic Consultants contractual relationship, one thing keeps echoing in my head. Professional Service contracts.

Mr. Kapanicas’ claimed that Professional Service Contracts did not need to have a competitive bidding process. Those claims were bolstered by the legal opinion of our former City Attorneys Aklufi & Wysocki.

What does the Beaumont Municipal Code say about the matter? It’s time to take a look and see what it says:

3.01.010 Purpose and Policy. It shall be the policy of the City that the procurement of professional architectural, landscape architectural, engineering, environmental, land surveying and construction project management services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. (Ord. No. 815, § 1, 11-20-01)

3.01.020 Procurement Officer-Office Created. There is created the position of Procurement Officer. The duties of this Officer shall be administered by the City Manager or such person as he or she may designate. (Ord. No. 815, § I, 11-20-01)

3.01.030 Procurement Officer-Duties. The duties of the Procurement Officer shall be:

A. The promulgation of administrative regulations and the adoption of such other rules and regulations as may be prescribed by the City Manager and approved by the City Council. Such regulations shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit City employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this Section which would subject those employees to the prohibitions of the conflict of interest laws.

B. The negotiation and recommendation of execution of contracts for professional services. (Ord. No. 815, § 1, 11-20-01)

3.01.040 Competitive Procurement Procedures. The Procurement Officer shall comply with the following procedure for the procurement of professional services:

A. Request for Proposal: Prepare a request for proposal that identifies all significant evaluation factors, including price or costs when required, and their relative importance.

B. Solicitation of Proposal: Proposals shall be solicited from an adequate number of qualified sources. The request for proposals should be publicized and reasonable requests by other sources to compete should be honored to the maximum extent practicable.

C. Evaluation: The Procurement Officer shall develop mechanisms for the technical evaluation of the proposals received, and shall conduct discussions with the proposers regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services.

D. Award: The Procurement Officer shall select, in order of preference and based upon criteria developed under Paragraph C above, the firm or individual deemed to be the most highly qualified to provide the services required. (Ord. No. 815, § I, 11-20-01)

3.01.050 Exemptions to Competitive Procurement Procedure. The Procurement Officer is authorized to engage the services of a professional firm or individual without complying with the Competitive Procurement Procedures in the following circumstances:

A. The services are available only from a single source; or

B. Public exigency or emergency will not permit a delay; or

C. State or federal grant or loan requirements authorize noncompetitive procurement of such services; or

D. After solicitation of a number of sources, competition is determined inadequate. (Ord. No.815, § I, 11-20-01)

In conclusion, I challenge anyone to extract that interpretation and explain any basis for the claims made by our City Manager and the legal opinion provided by former City Attorney that Professional Services contracts need not go out for competitive bid process.

I dont play a lawyer on TV and I dont pretend to be one in real life. Our City Manager and former City legal counsel should follow my example.

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