REPORT TO THE JOINT MEETING OF THE CITY OF FRESNO,
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF FRESNO AND THE FRESNO REVITALIZATION
DATE: November 6, 2014
FROM: OLIVER L. BAINES III, Acting President
Council District 3
BY: GREGORY A. BARFIELD, Chief of Staff
Office of Councilmember Oliver Baines
SUBJECT
Title
***BILL NO. B-48 (Intro. 10/30/2014)(For adoption) - Amending Section 4-605 of the Fresno Municipal Code relating to regulation of communications during competitive procurement process
Body
RECOMMENDATION
It is recommended the Council adopt an Ordinance Amending Subsection (b) of Section 4-605 of the Fresno Municipal Code relating to Regulation of Communications During Competitive Procurement Process.
EXECUTIVE SUMMARY
The proposed amendment would create an exception to the regulated communication rule that would allow elected officials to participate in a selection committee that may be established by the City Manager or his designee to evaluate proposals and to receive documents as needed to participate in such a committee. The proposed amendment would also clarify that an elected official's staff is not prohibited from communicating with proposers, so long as information learned as a result of such communication is not shared with the elected official.
BACKGROUND
Chapter 4, Article 6 of the Fresno Municipal Code (Article 6) relating to Regulated Communications in Procurement Process is intended to ensure the Mayor and Councilmembers are provided equal access to the same information during the procurement process. Article 6 applies to competitive procurement that may result in the award of a contract by the Council, including competitive bidding, request for proposals, request for expression of interest, and request for qualifications. Any communication (even if unintended or inadvertent) covered by Article 6 must be disclosed, unless an exception exists.
The proposed amendment would allow elected officials to participate in the evaluation of proposals prior to the Council meeting at which the contract is awarded. For some contracts, the City Manager or his designee may form an ad hoc selection committee that may evaluate written proposals and/or interview proposers. Communication made as part of this process would not be subject to disclosure pursuant to Article 6. Elected officials participating in a selection committee may receive documents that are not provided to all elected officials.
An elected official's staff is not prohibited from communicating with proposers, however, staff is prohibited from sharing with the elected official information received as a result of such communication.
ENVIRONMENTAL FINDINGS
This is not a project for CEQA purposes.
LOCAL PREFERENCE
Not applicable because this is not a contract for goods or services.
FISCAL IMPACT
Approval of the attached Ordinance will have no impact on the General Fund.
Attachment: Ordinance