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HomeMy WebLinkAbout16 ADOPT RES 99-75 09-07-99 NO. 16 9-7-99 Inter-Cc m i- DATE: SEPTEMBER 7, 1999 ~~~/ TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT ADOPTION OF RESOLUTION 99-75 SUPPORTING THE "FAIR COMPETITION AND TAXPAYER SAVINGS INITIATIVE" SUMMARY Adopt ReSOlUtion 99,75 sUpporting the ',F air competitiOn and Taxpayer Savings Initiative" because of the benefits to loCal agenCies and direct the City Clerk to forWard the resOlution to the League of California Cities. : RECOMMENDATION Adopt Resolution 99-75 to support the "Fair Competition and Taxpayer Savings Initiative" and direct the City Clerk to forward the City's position to the League of California Cities. FISCAL IMPACT There is no fiscal impact associated with this action. BACKGROUND The Professional Engineers in California Government (PECG) is a labor association representing engineers . employed by the California Department of Transportation (Caltrans). In several recent Superior (1998) and Supreme (1997) Court cases, PECG has successfully challenged State contracting practices resulting in a variety of interpretations and applications to local contracting procedures for professional services. In 1998, PECG sponsored a successful signature gathering effort to place an initiative on the June 1998 ballot that was labeled the "Government Cost Savings and Taxpayer Protection Amendment". That measure proposed that certain requirements be placed upon governmental agencies pertaining to contracts for engineering, architectural, landscape architectural, surveying, environmental and geological services. Specifically, it would have required State and local agencies (defined as all govermnental or quasi- governmental agencies except UC, CSU and Community College systems) to obtain State approval 'before contracts for professional services could be awarded. This measure was overwhelmingly defeated at the polls. DISCUSSION In response to past PECG efforts, a group calling themselves "Taxpayers for Fair Competition" has drafted a proposed initiative that is the antithesis of the PECG initiative. The initiative would amend the State constitution to allow State and local agencies to award contracts involving State funds for a variety of professional design and construction services without onerous State intervention or review. This initiative is Adoption of Resolution 99-75 Supporting the "Fair Competition and Taxpayer Savings Initiative" September 7, 1999 Page 2 intended to remove any ambiguity from current constitutional provisions, statutes and/or judicial opinions. A copy of the initiative text is attached. Many industry groups, cities, counties and other local agencies have taken a position of support for this measure. A complete list of supporters for this initiative is included as an attachment to this report. In conclusion, staff recommends that the City Council adopt Resolution No. 99-75 to support the "Fair Competition and Taxpayer Savings Initiative" and authorize the City Clerk to convey the City' s position to the League of California Cities. FAIR COMPETITION AND TAXPAYER SAVINGS INITIATIVE SECTION 1. TITLE. This measure shall be known and may be cited as the "Fair Competition and Taxpayer Savings Act." SECTION 2. PURPOSE ,MqD INTENT. It is the intent of the people of the State of California in enacting this measur,: (a) To remove existing restrictions on contracting for architectural and engineering services and to allow state, regional and local governments to use qualified private architectural and engineering firms to help deliver transportation, schools, water, seismic retrofit and. other infrastructure projects safely, cost effectively and on time; (b) To encourage the kind of public/private partnerships necessary to ensure that California taxpayers benefit from the use of private s~ctor experts to deliver transportation, schools, water, seismic retrofit and other infrastrucrare projects; (c) To promote fair competition so that both public and private sector architects and engineers work smarter, more efficiently and ultimately deliver better value to taxpayers; (d) To speed the completion of a multi-billion dollar backlog of highway, bridge, transit and other projects; (e) To ensure that contracting for architectural and engineering services occurs through a fair, competitive selection process, free of undue political influence, to obtain the best quality and value for California tsx'payers; and (f) To ensure that private firms contracting for architectural and engineering services with govmmmental entities meet established design and SECTION 4. state, regional, local or private, whether or not thc project is programmed by a state, regional or local governmental entity, and whether or not the completed project is a part of any State owned or State operated system or f~cility. § 2. Nothing; contained in Article VII of this Constitugon shall be construed to limit, restrict or prohibit thc State or any other 8overnmental entities, includin& but not limited to, cities' counties, cities and counties, school districts and other special districts, local and regional agencies and joint power agencies, from contracting with private entities for the performance of architectural and engineering services. Chapter 10.1 is hereby added to Division 5 of Title 1 of the Government Code to read: § 4S29.10. For purposes of Article XXII of the California Constitution and this act, the term "architectural and engincerkig services" shall include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services. § 4529.11. All projects included in thc State' Transportation Improvement Program programmed and funded as interregional improvements or as regional improvements shall be subject to Article XXII of the California Constitution. The sponsoring govmuncntal entity shall have thc choice and thc authority to contract .with qualified private entities for architectural and cngineexing services. For projects programmed and funded as regional improvements, the sponsoring governmental entity shall be the regional or local project sponsor. For projects programmed and funded as intcrrcgional improvements, the sponsoring governmental entity shall be the State of California, unless there is a regional or local project sponsor, in which case the sponsoring governmental entity shall be the regional or local project sponsor. The regional or local project sponsor shall be a regional or local governmental entity. § 4529.12, All architectural and engineering services shall be procurccl pursuant to a fair, competit/ve selection process which prohibits governmental agency employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities. § 4529.13. Nothing contained in this act shall be construed to change project design stan~ds, seismic safety standards or project construction standards established by state, regional or local governmental entities. .-Nor shall any provision of this act be construed to prohibit or restrict the 0002 authority of the Legislature to statmorily provide different procu~emen~ methods for design-build projects or design-build-and-operate projects. § 4529.14. Architectural and engineering services conlracts procured by public agencies shall be subject to standard .accounting practices and may require f-mancial and performance audits as necessary to ensure contract services ar~ dcllvcrcd within the agr~cl schedule and budget. § 4529.15. This act only applies to architectural and engineering services defined in Government Code section4529.10, lqo~_hlng contained in this act shall be construed to expand or restrict the authority of governmental enlities to conuact for fir~, ambulance, police, sheriff, probation, corrections or other peace officer services. Nor shall anything in this act be construed to expand or restrict'the authority of governmental entities to contract for education services including no! limited to, leaching services, services of classified school personnel and school administrators. § 4529.16. This act shall not be applied in a manner that will result in uhe loss of federal funding to any governmental cmtity. § 4529.17. Thc provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. § 4529.18. If any act of the Legislature conflicts with the provisions of this act, this act shall prevail. § 4529.19. This act shall be liberally construed to accomplish its purposes, § 4529.20. This act seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are intended to apply to charter cities as well as all other government~ entities. SECTION 5. This initiative may be arnendcd to further its purposes by statute, passed in each house by roll call vote entered in the journal, two-thirds of the mem~p concurring, and signed by the Governor. SECTION 6. If there is a conflicting initiative measure on the same ballot, which addresses and seeks to comprehensively regulate the same subject, only the provisions of this measure shall become operative if this measure receives the highest affirmative-vote. 0O03 [;;;] 111 Anz~ Boulev,.rd. #40e · Burlln~,am®. 04 94010 · GS0-340-0470 · FAX: 8E0-340-1740 11300 W. Ol~lmplo Boulevard. #840 · Low, Ariel.. CA 900134 · 310-9~-~'1~00 · FA,Y: 310-99~-~21~/3' WHO SUPPORTS "THE FAIR COMPETITION AND TAXPAYER SAVINGS ACT"? Legislation and Initiative (. o~ ~) California Chamber of Commerce California Taxpayers Association* California Business Roundtable Operating Engineers, Local Union No. 3 (AFL-CIO) Operating Engineers, Local Union No. 12 (AFL-CIO) American Subcontracts Association, California Chapter Western Growers Association National Federation of Independent Business Associated General Contractors* Californians for Better Transportation California Building Industry Association California MinOrity and Women's Business Coalition California Manufacturers Association California Business Properties Association Civil Justice Association of California California Groundwater Association Coalition for Project Delivery California Cement Promotion Council California Chapter, American Planning Association California Contract Cities Association Califomia Trucking Association Western States Petroleum Association California Park & Recreation Society California Fence Contractors Association California Taxpayer Protection Committee Califomia Travel Parks Association Alliance of California Taxpayers and Involved Voters Responsible Voters for Lower Taxes United Californians for Tax Reform Local and Regional Organizations Waste Watchers Contra Costa Taxpayers Association Kern County Taxpayers Association League of Placer County Taxpayers Butte County Citizens for Better Government Orange County Taxpayers Association* San Diego County Taxpayers Association Santa Barbara County Taxpayers Association Shasta County Taxpayers Association Sonoma County Taxpayers Association Bay Area Council Greater San Diego Chamber of Commerce Northern California Engineering Contractors Association North Coast Builders Exchange Orange County Business Council Orange County Transportation Coalition San Jose Silicon Valley Chamber of Commerce Santa Barbara County Association of Governments Silicon Valley Manufacturing Group* Southern California Contractors Association Local Government and Education City' of Oakland City of Irvine City of Newport Beach City of Del Mar City of Richmond City of Palm Springs City of Fresno City of Rancho Cucamonga City of Visalia* City of Belmont City of Bellflower' City of Colfax City of Cotati City of Arcadia City of Claremont* City of Emeryville City of Orland City of Kerman City of Highland City of Dublin City of Lancaster City of Loma Linda City of Westminster City of Rohnert Park City of Belvedere City Of.Ft. Sragg City Of Ceres City of Chino Hills' City of Arroyo Grande City of Clayton City of Daly City City of Millbrae City, of Exeter City of Poway City of Sebastopol City of Temecula City of Santa Rosa City of Fortuna City of Hermosa Beach City of Livingston City of Gardena City of Sunnyvale* City of Eureka ,' City of Saratoga City of San Juan Capistrano City of Tulare City of Taft City of Santa Clarita City of Ukiah City of Santa Cruz Town of Tiburon Arcata City Public Works Department Kings County Lake County Humboldt County ~. Madera County Mono County Sonoma County Stanislaus County Livermore/Amador Valley Transit District Metropolitan Transportation Commission* Contra Costa Transportation Authority Lake County Flood Control & Water Conservation District Eisinore Water District Los Alisos Water District San Bemardino Valley Water Conservation District Westborough Water District Heritage Ranch Community Services Distdct Vista Irrigation District Lake County Sanitation District Ironhouse Sanitary District Alum Rock School District San Juan Unified School District West Fresno School District Engineering and Architectural Organizations Consulting Engineers and Land Surveyors of California American Institute of Architects, California Chapter Engineering and Utility Contractors Association Engineering and General Contractors Association Bay Counties Civil Engineers' and Land Surveyors Association Society for Hispanic ~rofessional Engineers Society for Hispanic Professional Engineers, Greater Los Angeles Area Chapter Structural Engineers Association of Northern California * Legislation only at this time.