From: Randy Shingai
Date: Fri, Jun 19, 2015 at 1:58 PM
Subject: Possible violation of Cupertino Municipal Code 3.22.060
To: City Council <citycouncil@cupertino.org>, City Attorney's Office <CityAttorney@cupertino.org>
Cc: City Clerk cityclerk@cupertino.org
Dear Councilmembers and City Attorney,
I would like to bring a possible violation of Cupertino Municipal Code 3.22.060 to your attention.
Municipal Code 3.22.060 begins as follows:
B. Purchases Approved by City Council–Application of Formal Competitive Bidding Procedures. In instances where the acquisition of supplies, materials, equipment or services will foreseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value in excess of the required dollar value for public works contracts described in section 22032(b) of the Public Contracts Code, such will be authorized only by action of the City Council.
While 3.22.070 of the Municipal Code contains an exemption from bidding requirements for professional services, it does not offer an exemption from the provisions of 3.22.060 that do not relate to the biding process. Therefore I believe that any work that could forseeably result in a charge in excess of the $175,000 threshold in 22032(b) should have been authorized by the City Council.
D. Professional Services. Professional services including, but not limited to, services of lawyers, architects, engineers, land surveyors, artists and accountants are exempt from the bidding requirements of this chapter.
A charge from FEHR & PEERS ASSOC INC was listed as Number 683006 in the Payment Register for 6/1/2015 to 6/5/2015 that was submitted for approval to the City Council under Consent Item #9 at the June 16, 2015 City Council Meeting.
The date for this item is: 05/08/2015.The description for this item is: "Traffic Data Collection for Vallco Mall Redevelopment"The amount is $25,198.25
I
have included that page of the Payment Register as an attachment. I am
awaiting a Public Records Request for the invoice. I should receive it
by Thursday, June 25.
There
appears to be a reference to this work on Page 30 under the heading
"Task 2 Data Collection" in the Scope of Work for the Vallco Specific
Plan Redevelopment Project that was presented for approval to the City
Council on June 16,2015. It is under The total cost of this work was
over $754,000, and the traffic specific work subcontracted to Fehr &
Peers was over $256,000. The
City Council did grant approval for this work. However that was over a
month after the work appears to have been competed. The work was also
billed before it was approved by the council. I have included a pdf of that page as an attachment.
Here is a link to the Scope of Work document:
Thank you,
Randy Shingai
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