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Home My WebLink About2/4/2015 - STAFF REPORTS - 2.D. pptM Sp �OQ 'Fi Z c V N CRtlFO City Council Staff Report DATE: February 4, 2015 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1870 AN ORDINANCE TO AMEND THE PALM SPRINGS MUNICIPAL CODE RELATING TO BID PROTESTS FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1870. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1870, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.08.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO BID PROTESTS." STAFF ANALYSIS: On January 21, 2015, Ordinance No. 1870 was introduced for first reading, as noted below: ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1870, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.08.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO BID PROTESTS." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None Item No. 2 . D . ADOPTION OF ORDINANCE NO. 1870 February 4, 2015 Page 2 of 2 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. 2� ames Thompson David H. Ready, City Clerk City Manager /kdh Attachments: Ordinance No. 1870 02 ORDINANCE NO. 1870 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.08.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO BID PROTESTS. City Attorney Summary This Ordinance amends the City's existing Code related to bid protests to further clarify the process and to provide for a final administrative determination of all bid protests by the City Manager. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. The City Council of the City of Palm Springs previously adopted Ordinance No. 1605 in 2002 establishing Section 7.08.030 "Bid Protests" of the Palm Springs Municipal Code. B. The City Council finds and declares that its current regulation for processing of bid protests lacks a sufficiently described process allowing for administrative review by and through the City Manager, and requires a direct appeal to the City Council in accordance with Chapter 2.05 of the Palm Springs Municipal Code. C. The City Council finds and declares that the processing of bid protests is an administrative process best coordinated by and through the City Manager and the various City Departments more directly involved with the bid or proposal solicitation that may generate bid protests, and that a direct appeal to the City Council is not warranted nor required by the California Public Contract Code. D. The City Council desires to adopt this ordinance to enact an updated process for the filing and administrative review of bid protests, allowing for a final decision of bid protests by the City Manager, or assigned designee. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN: SECTION 1. Section 7.08.030 of the Palm Springs Municipal Code is amended to read: 7.08.030 Bid Protests. (1) The purpose of the bid protest procedures in this Section is to protect the public interest. The bid protest procedures are not intended to give losing bidders an opportunity to evaluate the bid or proposal of the winning bidder to have the award of contract overturned to secure the award of contract for itself. 03 Ordinance No. 1870 Page 2 (2) Any bidder or proposer submitting a bid or proposal under Section 7.03.020, 7.03.030, or 7.03.040, may file a written bid protest with the Procurement and Contracting Manager no more than five business days following the posting of award recommendation or the posting of bid results on the City's website, or such other distribution generally used by the City in advising bidders or proposers of the competitive bid or consultant selection results, as the case may be. The written bid protest must include the name, address, telephone number and email address of the protestor and/or the person representing the protesting party. The written bid protest must set forth, in detail, all grounds for the bid protest, including, without limitation, all facts, supporting documentation, legal authorities and arguments in support of the grounds for the protest. All factual contentions must be supported by evidence. Any matters not set forth in the written bid protest shall be deemed waived. Any bid protest not conforming to the requirements of this Section shall be rejected as invalid. (3) For all bid or proposal solicitations other than for maintenance work or public projects, as defined by Section 7.01.040, the Procurement and Contracting Manager, or assigned designee, shall review the merits and timeliness of the written bid protest and issue a written decision to the protestant within ten business days of receipt of the written bid protest. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. (4) For all bid solicitations for maintenance work or public projects, as defined by Section 7.01.040, the City Engineer, or assigned designee, shall review the merits and timeliness of the written bid protest and issue a written decision to the protestant within ten business days of receipt of the written bid protest. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. (5) Any protestant may appeal the decision of the Procurement and Contracting Manager or the City Engineer, as the case may be, to the City Manager by filing a letter of appeal within five business days of the date of the Procurement and Contracting Manager's or City Engineer's decision. The appeal must include the name, address, telephone number and email address of the appellant and/or the person representing the appealing party. The letter of appeal shall include the original protest and any additional supporting information, including, without limitation, all facts, supporting documentation, legal authorities and arguments in support of the grounds for the appeal. All factual contentions must be supported by evidence. Any matters not set forth in the letter of appeal shall be deemed waived. Any letter of appeal not conforming to the requirements of this Section shall be rejected as invalid. (6) The City Manager shall review the merits and timeliness of the letter of appeal and issue a written decision to the appellant within ten business days of receipt of the letter of appeal. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. (7) The City Manager shall have final authority to sustain or deny a bid protest. The City Manager's decision shall constitute the City's final determination on the bid protest, unless otherwise reconsidered by the City Council as provided in Subsection (9) of this Section. 04 Ordinance No. 1870 Page 3 (8) Once a protest has been filed with the Procurement and Contracting Manager or City Engineer, no contract shall be awarded until the Procurement and Contracting Manager or City Engineer, as the case may be, has issued a written decision on the bid protest, or if the Procurement and Contracting Manager's or City Engineer's decision is appealed, the City Manager has issued a final determination. (9) For bids or proposals awarded by the City Council, the City Manager shall, at the time the bid or proposal is presented to the City Council for award, submit to the City Council a written report on the bid protest, including the Procurement and Contracting Manager's or City Engineer's decision, or, if the Procurement and Contracting Manager's or City Engineer's decision is appealed, the City Manager's final decision on the bid protest. The City Council may, in its sole discretion, reconsider the bid protest at the time the bid or proposal is scheduled for award by the City Council and amend, modify, or overrule a written decision. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 4TH DAY OF FEBRUARY, 2015. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 05 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs,CA 92262 760-778-4578/Fax 760-778-4731 R E C E I V C.D Or PALM SP 2015 FEB 19 PM 12. 02 State Of California ss: Countyof Riverside JAi ca TCLE? CITY Ct�RK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000552197 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 2/14/2015 No 0210 ORDINANCENO.187e I acknowledge that I am a principal clerk of the printer of AN ORDINANCE OF THE CITY OF PALM 9 P P P SPRINGS CALIFORNIA AMENDING SECTION The Desert Sun, printed and published weekly in the City 7.03.T bF THE PALL{SPRINGS MUNICIPAL CODE,RELATING TO BID PROTESTS. of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a newspaper of general This Or erg na Cltyc"exaaiina Code circulation on March 24, 1988 b the Superior Court of the related m bid pmtwbto further daily meoro�ee Y Pe and m PmWtle far a Mel will inleaetivedetemima- County of Riverside. State of California Case No. lunofanbldPmeeamM the City Mwmwr. 191236. CERTIFICATION STATE OF CALIFORNIAE�� C�OF NTYAI.MISPPRSIDRI GSI a I declare under penalty of perjury that the foregoing is true �'c(a�ry and correct. Exe this 14th day of February, 2015 I1SJAME?ppe MPSWONcerdy Clerka Ire No 1670Is aaa4 true and OPrred VA was Ingo- in Palm Spring alifom' . dexd at a repaar mwep off Palm Springs OIty CmrrJI on Japanuary 21 2015,and a�pted et 00urdi native the am clay ut Feebruery,2015�go lbibxeig wN: —... AYES: CounCNneelows Foal, Hutcheson, MWIa MayorTem Lewin,and MAW Pougnel ARE NT one: N ATAIN: None JAMEg$THOMP80N CITY CLERK Published;2„9r15 De are sSlgnature Gy at Palm$p fnga c4mamis U .�•1/ �a CITY OF PALM SPRINGS NOTIFICATION a.A City Council Meeting Date: February 4, 2015 Subject: Ordinance Nos..1370.and 1871 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summaries were published in the Desert Sun on February 14, 2015. 1 Ideclare under penalty of perjury that the foregoing is true and correct. 1L� Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summaries and Ordinances were posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on February 10, 2015. 1Ideclare under penalty of perjury that the foregoing is true and correct. 4a1 Kathie Hart, MMC Chief Deputy City Clerk ORDINANCE NO. 1870 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.08.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO BID PROTESTS. City Attorney Summary This Ordinance amends the City's existing Code related to bid protests to further clarify the process and to provide for a final administrative determination of all bid protests by the City Manager. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1870 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on January 21, 2015, and adopted at a regular meeting of the City Council held on the 4th day of February, 2015, by the following vote: AYES: Councilmembers Foat, Hutcheson, Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None ABSENT: None ABSTAIN: None C J' MES THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. 1870 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.08.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO BID PROTESTS. City Attorney Summary This Ordinance amends the City's existing Code related to bid protests to further clarify the process and to provide for a final administrative determination of all bid protests by the City Manager. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. The City Council of the City of Palm Springs previously adopted Ordinance No. 1605 in 2002 establishing Section 7.08.030 "Bid Protests" of the Palm Springs Municipal Code. B. The City Council finds and declares that its current regulation for processing of bid protests lacks a sufficiently described process allowing for administrative review by and through the City Manager, and requires a direct appeal to the City Council in accordance with Chapter 2.05 of the Palm Springs Municipal Code. C. The City Council finds and declares that the processing of bid protests is an administrative process best coordinated by and through the City Manager and the various City Departments more directly involved with the bid or proposal solicitation that may generate bid protests, and that a direct appeal to the City Council is not warranted nor required by the California Public Contract Code. D. The City Council desires to adopt this ordinance to enact an updated process for the filing and administrative review of bid protests, allowing for a final decision of bid protests by the City Manager, or assigned designee. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN: SECTION 1. Section 7.08.030 of the Palm Springs Municipal Code is amended to read: 7.08.030 Bid Protests. (1) The purpose of the bid protest procedures in this Section is to protect the public interest. The bid protest procedures are not intended to give losing bidders an opportunity to evaluate the bid or proposal of the winning bidder to have the award of contract overturned to secure the award of contract for itself. Ordinance No. 1870 Page 2 (2) Any bidder or proposer submitting a bid or proposal under Section 7.03.020, 7.03.030, or 7.03.040, may file a written bid protest with the Procurement and Contracting Manager no more than five business days following the posting of award recommendation or the posting of bid results on the City's website, or such other distribution generally used by the City in advising bidders or proposers of the competitive bid or consultant selection results, as the case may be. The written bid protest must include the name, address, telephone number and email address of the protestor and/or the person representing the protesting party. The written bid protest must set forth, in detail, all grounds for the bid protest, including, without limitation, all facts, supporting documentation, legal authorities and arguments in support of the grounds for the protest. All factual contentions must be supported by evidence. Any matters not set forth in the written bid protest shall be deemed waived. Any bid protest not conforming to the requirements of this Section shall be rejected as invalid. (3) For all bid or proposal solicitations other than for maintenance work or public projects, as defined by Section 7.01.040, the Procurement and Contracting Manager, or assigned designee, shall review the merits and timeliness of the written bid protest and issue a written decision to the protestant within ten business days of receipt of the written bid protest. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. (4) For all bid solicitations for maintenance work or public projects, as defined by Section 7.01.040, the City Engineer, or assigned designee, shall review the merits and timeliness of the written bid protest and issue a written decision to the protestant within ten business days of receipt of the written bid protest. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. (5) Any protestant may appeal the decision of the Procurement and Contracting Manager or the City Engineer, as the case may be, to the City Manager by filing a letter of appeal within five business days of the date of the Procurement and Contracting Manager's or City Engineer's decision. The appeal must include the name, address, telephone number and email address of the appellant and/or the person representing the appealing party. The letter of appeal shall include the original protest and any additional supporting information, including, without limitation, all facts, supporting documentation, legal authorities and arguments in support of the grounds for the appeal. All factual contentions must be supported by evidence. Any matters not set forth in the letter of appeal shall be deemed waived. Any letter of appeal not conforming to the requirements of this Section shall be rejected as invalid. (6) The City Manager shall review the merits and timeliness of the letter of appeal and issue a written decision to the appellant within ten business days of receipt of the letter of appeal. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. (7) The City Manager shall have final authority to sustain or deny a bid protest. The City Manager's decision shall constitute the City's final determination on the bid protest, unless otherwise reconsidered by the City Council as provided in Subsection (9) of this Section. Ordinance No. 1870 Page 3 (8) Once a protest has been filed with the Procurement and Contracting Manager or City Engineer, no contract shall be awarded until the Procurement and Contracting Manager or City Engineer, as the case may be, has issued a written decision on the bid protest, or if the Procurement and Contracting Manager's or City Engineer's decision is appealed, the City Manager has issued a final determination. (9) For bids or proposals awarded by the City Council, the City Manager shall, at the time the bid or proposal is presented to the City Council for award, submit to the City Council a written report on the bid protest, including the Procurement and Contracting Manager's or City Engineer's decision, or, if the Procurement and Contracting Manager's or City Engineer's decision is appealed, the City Manager's final decision on the bid protest. The City Council may, in its sole discretion, reconsider the bid protest at the time the bid or proposal is scheduled for award by the City Council and amend, modify, or overrule a written decision. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 4TH DAY OF FEBRUARY, 2015. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1870 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on January 21, 2015, and adopted at a regular meeting of the City Council held on the 4ch day of February, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California