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Home My WebLink About1998 BAKERSFIELD CALIFORNIA '~ August 18, 1998 CITY COUNCIL Bob Price Mayor Mr. Butch Bradford, President Kern County Transit Co., Inc. Randy Rowles 1409 Washington Street, Suite 2 Vice. Mayor Bakersfield, CA 93305 Wards Irma Carson Dear Mr. Bradford: Ward l Patricia DeMond This is just a short note to thank you for your comments regarding the w~,t2 taxi cab ordinance at the August 17th Budget and Finance Committee meeting and your following up as it has gone through the committee Patricia Smith process. I want to personally assure you that your participation at the Wards Committee level is very much appreciated and any comments and/or Kevin McDermott suggestions you may have contributed will be taken into consideration Ward4 by the Committee. Jacquie Sullivan The citizens of Bakersfield are encouraged to take advantage of all the Ward6 opportunities available to address the City Council whenever possible, Mark Saivaggio whether it be at a Council Committee meeting or the regular City Council Ward7 meetings held in the Council Chamber. On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Vice Maybr and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Tmxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA August 18, 1998 CITY COUNCIl. Bob Price Mayor Mr. Jim Johnson, Executive Director Arts Council of Kern Randy Rowles 1430 Truxtun Avenue #120 Vice-Mayor Bakersfield, CA 93301 Ward5 Irma Carson Dear Mr. Johnson: Ward l PatriciaDeMond This is just a short note to thank you for your comments at the w,~.2 August 17th Budget and Finance Committee meeting regarding the request for funding for the Arts Council of Kern. I want to personally Patricia Smith assure you that your participation at the Committee level is very much Wards appreciated and any comments and/or suggestions you may have Kevin McDermott contributed will be taken into consideration by the Committee. Ward4 The citizens of Bakersfield are encouraged to take advantage of all the JacqUiewardeSUllivan opportunities available to address the City Council whenever possible, whether it be at a Council Committee meeting or the regular City Council Mark Salvaggio meetings held in the Council Chamber. Ward7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Vice Mayo"r and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Tmxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA August 18, 1998 CITY COUNCIL Bob Price Mayor Ms. Kandis Peake, Vice President Arts Council of Kern Randy Rowles 13421 Spring Mountain Avenue Vice°Mayor Bakersfield, CA 93312 Ward5 Irma Carson Dear Ms. Peake: Ward l PatriciaDeMond This is just a short note to thank you for your comments at the w~-d.2 August 17th Budget and Finance Committee meeting regarding the request for funding for the Arts Council of Kern. I want to personally Patricia Smith assure you that your participation at the Committee level is very much Wa,-d3 appreciated and any comments and/or suggestions you may have Kevin McDermott contributed will be taken into consideration by the Committee. Ward4 The citizens of Bakersfield are encouraged to take advantage of all the Jacquie Sullivan opportunities available to address the City Council whenever possible, Ward6 whether it be at a Council Committee meeting or the regular City Council Mark Salvaggio meetings held in the Council Chamber. Ward7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Sincerely,~ Vice Mayor'and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 ADMINISTRATIVE REPORT I MEETING DATE: July 15, 1998 I AGENDA SECTION: New Business I ITEM: 12.a. TO: Honorable Mayor and City Council APPROVED FROM: Robert M. Sherry, Chief Assistant City Attorney DEPARTMENT HEAD ~ DATE: June 19, 1998 CITY ATTORNEY ~ CITY MANAGE~ SUBJECT: An Ordinance repealing Section 3.20.065 and substituting a new Section 3.20:065 and amending Subsection C of Section 3.20.068 to the Bakersfield Municipal Code relating to the determination of responsible bidders and bid protest. RECOMMENDATION: Staff recommends f i .r, sl; r'eading of or'dinance. BACKGROUND: The Budget and Finance Committee considered altedng the Dispute Resolution Ordinance concerning a determination of the lowest responsible bidder, and resolving bid protest. The Committee has reviewed and rewritten the present ordinance several times, and recommends the current ordinance for review and approval by the City Council. The Committee's goal was to write an ordinance streamlining our current dispute resolution process in a cost effective and fair manner. The Committee was mindful of the leading case concerning responsible bidders (City of lnglewood - LA County Civil Center Authority vs.. Superior Court (1972) 7 Cal.3rd 861) which states: "It bears emphasis that the word 'responsible' in the context of the statute is not necessarily employed in the sense of a bidder who is trustworthy so that a finding of non-responsibility connotes untrustworthiness. Rather, while that term includes the attribute of trustworthiness, it also has reference to the quality, fitness and capacity of the Iow bidder to satisfactorily perform the proposed work. (See West v. Oakland (1916) 30 Cai.App. 556 ...)." The Inglewood court also held "... pdor to awarding a public works contract to other than the Iow bidder, a public body must notify the Iow monetary bidder of any evidence reflecting upon his responsibility received from others or adduced as a result of independent investigation, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract. We do not believe, however, that due process compels a quasi-judicial proceeding pdor to rejection of the Iow monetary bidder as a nonresponsible bidder." The proposed ordinance follows this leading case while allowing the flexibility to adjust to future changes which the California courts may impose. June 19, 1998, 10:27AM ADMINISTRATIVE REPORT Page 2 The Committee felt the current eight (8) member board was too large to be easily manageable therefore the board has been reduced to three (3) members. One member will be from the City staff, and two (2) will be from private industry and all must have knowledge concerning the construction industry. The Vice-Mayor shall appoint the board and the chairman. The hearing before the Dispute Resolution Committee consists of a one hour presentation and a 15 minute closing presentation. The Committee itself is allowed to question both sides as long as they desire to do so. The Committee is allowed to alter the procedures upon a majority vote. In addition, wdtten material must be presented at specific points in time thereby eliminating any ambush by either party. Of course, the Committee may allow the presentation of additional written material, if they so desire. The Dispute Resolution Committee is required to issue a wdtten advisory decision to the City Council setting forth the basis for the decision. Because the decision is advisory only, the City Council will have the final decision and may either follow the advisory decision, or reach a different decision depending upon the will of the City Council. JL15:CA:NB OOdlr UNClL~ADM IN, RP3'3DisputeResOrdAdrnin.wpd June 19, 1998, 10:27AM ORDINANCE NO. ..... "* ' AN ORDINANCE REPEALING ' SECTION "' .... ~'" ' '*' * 3,20,065 'AND SUBSTITUTING A NEW .... SECTION -3.20.065 AND AMENDING ....."~ '~ :~" "SUBSECTION C OF'SECTION 3.20.068 TO ..' '' ~ THE BAKERSFIELD MUNICIPAL CODE "."; :': RELATING TO THE DETERMINATION OF RESPONSIBLE BIDDERS AND BID PROTEST. " : ~,~ WHEREAS, citY desires tO obtain for its citizens the best-quality of work consistent with reasonable cost;~and "' " ........... WHEREAS, in determining the lowest responsible bidder the City Council may consider any additional cost imposed on City for supervision,. oversite, and administrative costs; and WHEREASl qb~litY'iS' a factor of determining cost as good quality ~orl~ will outlast and outperform poor quality; and - ' · . -..~ ... WHEREAS, a responsible bidder will deliver'goOd quality work in a timely manner without unreasonable burdens on City.for additional supervision, oversite, and administrative costs. . ...... NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: '. ..... " . -' i:. .~':' ~..:.~.. -. SECTION 1, .. - Section 3.20.065 of the Bakersfield Municipal Code is hereby repealed and a new s(~Cti0n 3.20.065 is hereby added to read as follows: 3.20.065 Dispute Resolution Committee. A. The Vice Mayor, with the approval of the City Council, may appoint an advisory ad hoc Dispute Resolution Committee consisting of three (3) persons as follows: one (1) person from City staff and two (2) persons from private industry. All appointees to the Committee shall have experience and knowledge concerning the construction industry. The Vice-Mayor shall appoint the Committee Chairman. No member shall have any direct involvement with the dispute between the bidder or contractor. Each member of the Committee shall be appointed for one hearing only. -- Page I of 4 Pages -- B. The Dispute Resolution Committee shall hear issues referred by the City Council. If the issue involves whether or not a contractor is a responsible bidder the Committee may consider that a responsible bidder may include those contractors who have demonstrated the quality, fitness and capacity to perform under the terms and conditions of the contract including but not limited to: a consistent record of timely performance on similar work in the past, proven financial resources, proven technical proficiency, and the Committee may consider reviewing any past violations of law and regulations and past practices that resulted in additional costs to City. The Dispute Resolution Committee shall take evidence only on the issue of the contractor's quality of work and fitness and capacity to perform the contract as a responsible bidder. The City must show, by preponderance of the evidence, that the contractor is non-responsible. When the issue involves a bid dispute, the Committee shall receive evidence on the substance of the dispute in accordance with the rules set forth below and California law concerning the rights and responsibilities of bidders. .....:, C~- ~' The hearing before the Dispute ResOlution Committee'shall consist of a one- hour presentation by each side followed by a 15-minute closing presentation. No cross- examination of witnesses shall be allowed by any party. Questions by the Committee shall be allowed after both sides have completed their presentations. The Committee may, at its sole discretion, alter the procedures upon majority vote. .. D. Written material must be presented to each member of the Dispute Resolution Committee, and the opposing side, at least five (5) working days before the scheduled hearing. Any rebuttal written material must be given to the Dispute Resolution Committee at the time of the scheduled hearing. Rebuttal written material may not address any subject matter not specifically contained in the original materials submitted to the Dispute Resolution Committee. No other written material may be presented without.the express authorization of the Committee. ' ' E. The 'Dispute Resolution Comn~ittee shall issue a written advisory decision to the City Council setting forth their decision and its basis. Said decision shall be transmitted to the City Council for consideration at the next regularly scheduled City Council meeting following the issuance of the written decision, subject to agenda deadlines. The advisory decision shall be reviewed by the City Council Who will then make the final decision. SECTION 2. ~ '" .... Subsection C of Section 3.20.068 of the Bakersfield Municipal Code is hereby amended to read as follows: -- Page 2 of 4 Pages -- Section 3.20.068(C) Bid Protests. C. The City Council shall hear and determine the bid protest at the time the contract comes before the .Council for award of the project and before awarding the project; provided, however, the City Council may by majority vote continue the matter to obtain additional information as the Council deems necessary or may refer the protest to the Dispute Resolution Committee for an advisory decision. The advisory decision of the Dispute Resolution Committee shall be reviewed by the City Council who will then make the final decision. SECTION 3. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o -- Page 3 of 4 Pages -- BAKERSFIELD CALIFORNIA June 16,1998 CITY COUNCIL Bob Price M,~yor Mr. Steve Martin Kern County Contractors Association Randy Rowles 6901 McDivitt Drive #C Vi~e-Mayor Bakersfield, CA 93313 Wards Irma Carson Dear Mr. Martin: Ward l This is just a short note to thank you for your comments at the June 15t~ Patricia DeMond wo~,2 Budget and Finance Committee meeting regarding the Bid Appeal Process/Alternate Dispute Resolution Committee. I want to personally Patricia Smith assure you that your participation at the Committee level is very much Ward3 appreciated and any comments and/or suggestions you may have Kevin McDermott contributed will be taken into consideration by the Committee. Ward4 The citizens of Bakersfield are encouraged to take advantage of all the Jacquie Sullivan opportunities available to address the City Council whenever possible, Ward6 whether it be at a Council Committee meeting or the regular City Council Mark Saivaggio meetings held in the Council Chamber. Ward7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Sincerely,,.-.... 'Randy ~~o~s ~ Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA O June 16, 1998 CITY COUNCIL Bob Price Mr. Mel Rubin, President-Elect Mayor Arts Council of Kern 5400 Sarazen Avenue Randy Rowles Bakersfield, CA 93309 Vice. Mayor Ward5 Dear Mr. Rubin: Irma Carson War, n This is just a short note to thank you for your comments at the June 15"~ Patricia DeMond Budget and Finance Committee meeting regarding a request for funding W~-d,2 for the Arts Council of Kern. I want to personally assure you that your participation at the Committee level is very much appreciated and any Patricia Smith comments and/or suggestions you may have contributed will be taken Ward3 into consideration by the Committee. Kevin McDermott Ward4 The citizens of Bakersfield are encouraged to take advantage of all the opportunities available to address the City Council whenever possible, Jacquie Sullivan whether it be at a Council Committee meeting or the regular City Council Ward6 meetings held in the Council Chamber. Mark Salvaggio Ward7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Rand' "~wles~ - Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Tmxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA ~ April 17, 1998 ~ITY COUNCH, Bob Price Lt. David Paquette ~,,yo,- Bakersfield SPCA 3000 Gibson Street Randy Rowles Bakersfield, CA 93308 Vice. Mayor Ward5 Dear Lt. Paquette: Irma Carson Wardl This is just a short note to thank you for your comments at the April 13th Patricia DeMond Budget and Finance Committee meeting regarding the SPCA's request W,~d 2 for an animal control truck. I want to personally assure you that your participation at the Committee level is very much appreciated and any Patricia Smith comments and/or suggestions you may have contributed will be taken Ward3 into consideration, by the Committee. Kevin McDermott Ward4 The citizens of Bakersfield are encouraged to take advantage of all the opportunities available to address the City Council whenever possible, Jacquie Sullivan whether it be at a Council Committee meeting or the regular City Council Ward6 meetings held in the Council Chamber. Mark Salvaggio Ward7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Randy Rewl~ - Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Tmxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA ~ April 17, 1998 ~ITY COUNCIL Bob Price Mr. Steve Martin Mayor Kern County Contractors Association 1601 McDivitt Drive, CCC Randy Rowles Bakersfield, CA 93313 Vice-Mayor Ward5 Dear Mr. Martin: Irma Carson WarU~ This is just a short note to thank you for your comments at the April 13th PatriciaDeMond Budget and Finance Committee meeting regarding the bid appeal w,~.2 process. We will continue to keep you informed of any proposed revisions to the ordinance as this issue is reviewed. I want to personally Patricia Smith assure you that your participation at the Committee level is very much Ward3 appreciated and any comments and/or suggestions you may have Kevin McDermott contributed will be taken into consideration by the Committee. Ward4 The citizens of Bakersfield are encouraged to take advantage of all the Jacquie Sullivan opportunities available to address the City Council whenever possible, Ward6 whether it be at a Council Committee meeting or the regular City Council Mark Salvaggio meetings held in the Council Chamber. Ward 7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA April 17, 1998 ;ITY COUNCIL Bob Price Ms. Dianna Knapp, Executive Director ~.yo,. Bakersfield SPCA 3000 Gibson Street Randy Rowles Bakersfield, CA 93308 Vice. Mayor Ward5 Dear Ms. Knapp: Irma Carson Wardl This is just a short note to thank you for your comments at the April 13t~ Patricia DeMond Budget and Finance Committee meeting regarding the SPCA's request w~-d2 for an animal control truck. I want to personally assure you that your participation at the Committee level is very much appreciated and any Patricia Smith comments and/or suggestions you may have contributed will be taken Ward3 into consideration by the Committee. Kevin McDermott w. rd4 The citizens of Bakersfield are encouraged to take advantage of all the opportunities available to address the City Council whenever possible, Jacquie Sullivan whether it be at a Council Committee meeting or the regular City Council Ward6 meetings held in the Council Chamber. Mark Salvaggio W~dZ On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Sincerely, vR~ember- Chairperson, Budget and Finance Committee RR:jp 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA March 24, 1998 CITY COUNCIL Bob Price Mr. Richard L. Temple Mayor Executive Director Randy Rowles Bethany Services Vice-Mayor 1600 E. Truxtun Avenue Ward5 Bakersfield, CA 93301 Irma Carson Dear Mr. Temple: Ward 1 PatriciaDeMond This is just a short note to thank you for your comments at the War,'2 March 23~ Budget and Finance Committee meeting regarding Bethany Services' application for Emergency Shelter Grant (ESG) funds. I want Patricia Smith to personally assure you that your participation at the Committee level Ward 3 is very much appreciated and any comments and/or suggestions you gevin McDermott may have contributed will be taken into consideration by the Committee. Ward 4 Jacquie Sullivan The citizens of Bakersfield are encouraged to take advantage of all the Ward6 opportunities available to address the City Council whenever possible, whether it be at a Council Committee meeting or the regular City Council Mark Saivaggio meetings held in the Council Chamber. Ward7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Sincerely, Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA March 24, 1998 CITY COUNCIL Bob Price MS. Carmen Segovia Mayor Kern County Economic Randy Rowles Opportunity Corporation Vice-~4ayor 300 - 19th Street Wards Bakersfield, CA 93301 Irma Carson Dear Ms. Segovia: Ward l PatriciaDeMond This is just a short note to thank you for your comments at the Ward, 2 March 23ra Budget and Finance Committee meeting regarding KCEOC's application for Community Development Block Grant funds to rehabilitate PatriCiawardSmith3 the Gleaner's kitchen for use in the Headstart Program. I want to personally assure you that your participation at the Committee level is Kevin McDermott very much appreciated and any comments and/or suggestions you may Ward4 have contributed will be taken into consideration by the Committee. Jacquie Sullivan Ward6 The citizens of Bakersfield are encouraged to take advantage of all the opportunities available to address the City Council whenever possible, Mark Saivaggio whether it be at a Council Committee meeting or the regular City Council w,,rd7 meetings held in the Council Chamber. On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Sincerely, Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 B'AK E R S F I E L D CALIFORNIA March 24, 1998 CITY COUNCIL Bob Price Ms. Barbara M. Harris Mayor Greater Bakersfield Legal Assistance 615 California Avenue Randy Rowles Vice-Mayor Bakersfield, CA 93304 Ward 5 Dear Ms. Harris: Irma Carson Ward I This is just a short note to thank you for your comments at the Patricia DeMond March 23'd Budget and Finance Committee meeting regarding Kenya t¥,~d.2 Community Center's request for Community Development Block Grant Patricia Smith assistance to develop a community grocery store to serve as a training Ward3 facility. I want to personally assure you that your participation at the Committee level is very much appreciated and any comments and/or Kevin McDermott suggestions you may have contributed will be taken into consideration Ward4 by the Committee. Jacquie Sullivan Ward6 The citizens of Bakersfield are encouraged to take advantage of all the opportunities available to address the City Council whenever possible, Mark Salvaggio whether it be at a Council Committee meeting or the regular City Council WardZ meetings held in the Council Chamber. On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Sincerely, Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA March 24, 1998 CITY COUNCIL Bob Price Mr. Don Murfin Mayor 3105 Flintridge Drive Bakersfield, CA 93306 Randy Rowles Vice-Mayor w. ras Dear Mr. Muffin: Irma Carson This is just a short note to thank you for your comments at the WaraZ March 23r~ Budget and Finance Committee meeting regarding the Kern Patricia DeMond County Museum Authority Board's request for a contribution toward the Ward.2 Metropolitan Recreation Center master plan. I want to personally assure you that your participation at the Committee level is very much Patricia Smith appreciated and any comments and/or suggestions you may have Ward3 contributed will be taken into consideration by the Committee. Kevin McDermott Ward4 The citizens of Bakersfield are encouraged to take advantage of all the Jacquie Sullivan opportunities available to address the Gity Gouncil whenever possible, Wara6 whether it be at a Gouncil Gommittee meeting or the regular Gity Gouncil meetings held in the Gouncil Ghamber. Mark Salvaggio Wara7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp 1501 Tmxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780