HomeMy WebLinkAbout2000-15 Personal Svcs RulesRESOLUTION NO. 2000-
A RESOLUTION READOPTING AND AMENDING THE CITY OF
ASHLAND'S RULES OR SCREENING AND SELECTION OF
PERSONS TO PERF(~RM PERSONAL SERVICES AND REPEALING
RESOLUTION 94-21.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The following rules am adopted:
CITY OF ASHLAND
RULES FOR SCREENING AND SELECTION OF PERSONS
TO PERFORM PERSONAL SERVICES
1. Use of ComDe{itive Selection Procedures fo( Personal Services: Except for contracts
that are exempt under Rule 12, these rules are~to be used for procurement of personal
services. Regardless of whether a contract is eKempt from bidding or not, no services or
work may be performed and no goods, supplies or equipment may be delivered, until a
city purchase order has been issued or a fully executed written contrect has been
delivered to the city. This requirement may be waived, however, when circumstances
exist that create substantial dsk of loss, damage, interruption of essential services or
threat to public health or safety and that require prompt action to protect the interests of
the city.
1.1. If a contract is exempt from formal Competitive selection procedures, and
over $5,000, competitive oral or written informal proposals should be obtained, if
feasible. If the contract pdce is not more than $5,000, personal services may be
obtained from contractors directly through negotiation memorialized only by a purchase
order. If the scope of the services is revised to the extent that the estimated cost of the
services is more than $5,000 but less than $75,000, competitive oral or written informal
proposals should be obtained, if feasible and if the lowest cost proposal is not
accepted, a written explanation is provided.
1.2. Personal services include services that require specialized technical, artistic,
or professional skills or talent, including but not limited to contracts for the services of
accountants, appraisers, architects, computer prcgremmers, engineers, land surveyors,
lawyers, psychologists, and consultants in investments, insurance, advertising,
marketing, graphics, training, public relations, communications, data processing and
management systems. Such contracts may include incidental materials such as wdtten
reports, architecture or engineering renderings, and similar supplemental materials. The
Purchasing Agent shall have authority to classify those services not specifically
addressed in this provision.
2. Determinations ReQuired Prior to use of Competitive Selection Procedures: Before
procurement of any personal services that are anticipated to cost in excess of $75,000,
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the department head for the department that needs the services shall make the
following determinations:
2.1. that the services to be acquired are personal services.
2.2. that a reasonable inquiry has been conducted as to the availability of city
personnel to perform the services, and the city does not have the personnel nor
resources to perform the services required under the proposed contract;
2.3. that the department has developed, and fully intends to implement, a written
plan for utilizing such services which will be included in the contractual statement of
work.
3. Statement of Qualifications: When personal services are needed on a recurring
basis, the city administrator may actively solicit persons engaged in providing such
services to submit annual statements of qualifications in a prescribed format which shall
include the following information:
3.1. technicel education and training;
3.2. general or special experience, certifications, licenses, and memberships in
professional associations, societies or boards;
3.3. an expression of interest in providing a particular personal service; and
3.4. any other pertinent information requested by the city administrator.
4. Public Notice in Formal Cqmpetitive Selectiqn Procedures. Pdor to procuring
personal services through formal competitive selection procedures, adequate public
notice of the need for personal services shall be made by the department requiring the
services in the form of a ReqUest for Proposals (RFP) at least 14 days before the
proposals are due. The RFP shall be prepared by the department that is requesting the
services with the aid of other appropriate city personnel and shall be reviewed by the
City Attomey pdor to being dispersed. In addition to public notice, the department may
distribute RFPs to persons interested in performing the services required by the
proposed contract. Adequate public notice for contracts anticipated to be $75,000 or
more is met when the procurement is publicized in a newspaper of general circulation in
the city and Jackson County.
5. Reauest for ProPosal Contents. The RFP shall contain at least the following
information:
5.1. the type of services required;
5.2. a description of the work involved;
5.3. an estimate of when and for how long the services will be required;
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5.4. the type of contract to be used;
5.5. a date by which proposals for the performance of the services shall be
submitted;
5.6. a statement that the proposals shall be in writing;
5.7. a statement that offerors may designate those pertions of the proposals
which contain trade secrets or other proprietary data which may remain confidential;
5.8. a statement of the minimum information that the proposal shall contain,
which may include:
5.8.1. the name of the offeror, the location of the offeror's principal place
of business and, if differant, the place of performance of the proposed
contract;
5.8.2. the age of the offeror's business and average number of employees
over a previous period of time, as specified in the RFP.
5.8.3. the abilities, qualifications, and experience of all persons who would
be assigned to provide the required services;
5.8.4. a listing of other contracts under which services similar in scope,
size, or discipline to the required services were performed or undertaken
within a previous pedod of time, as specified in the RFP;
5.8.5. a plan explaining how the services will be performed; and
5.8.6. the factors to be used in the evaluation and selection process and
how those factors are to be weighed by the city.
6. Request for ProPosal Evaluation: Proposals shall be evaluated only on the basis of
evaluation factors stated in the RFP. The following factors may be appropriate to use in
conducting the evaluation. The relative importance of these and other factors will vary
according to the type of services being procured. The minimum factors are:
6.1. the plan for performing the required services;
6.2. the ability to perform the services as reflected by technical training and
education, general experience, specific experience in providing the required services,
and the qualifications and abilities of personnel proposed to be assigned to perform the
services;
6.3. the personnel, equipment, and facilities currently available or demonstrated
to be made available at the time of contracting;
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6.4. a record of past performance of similar work; and
6.5. the cost of the services.
7. Discussions. The department head requesting the procurement or other appropriate
city official shall evaluate all proposals submitted and may conduct discussions with any
offeror. The purposes of such discussions shall be to:
7.1. determine in greater detail such offeror's qualffications; and
7.2. explore with the offeror the scope and nature of the required services, the
offerors proposed method of performance, and the relative utility of altemative methods
of approach.
8. Modi~cetion or Withdrawal of Proposals: Proposals may be modified or withdrawn at
any time prior to the conclusion of discussions.
9. Selection of the Best Qualified Offerors. After the qualifications of the offerors have
been reviewed, the city official requesting the procorament shall select the acceptable
offeror deemed to be the best qualified to provide the required services. The reasons
for the selection shall be documented.
9.1. If compensation, contract requirements, or contract documents cannot be
agreed upon with the best qualified offeror, a written record stating the reasons shall be
placed in the file and the city official conducting the procurement shall advise such
offeror of the termination of negotiations.
9.2. Upon failure to negotiate a contract with the best qualffied offeror, the city
official conducting the procurement may enter into negotiations with the next most
qualified offeror. If compensa{ion, contract requirements, and contract documents can
be agreed upon, then the contract shall be awarded to that offeror. If negotiations again
fail, negotiations shall be terminated as provided in Rule 9.1 and commenced with the
next most qualified offeror.
10. Submission of Cost or PriCing Data. The offeror determined to be best qualffied
shall be required to submit cost or pdcing data to the city official conducting the
procurement at a time specified prior to the commencement of negotiations.
11. Negotiation and Award of Contract. The city official conducting the procurament
shall negotiate a contract with the best qualified offeror for the required services at a
compensation determined in writing to be fair and reasonable. Contract negotiations
shall be direred toward:
11.1. making certain that the offeror has a clear understanding of the scope of
the work, specifically, the essential requirements involved in providing the required
services;
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11.2. determining that the offeror will make available the necessary personnel
and facilities to perform the services within the required time; and
11.3. agreeing upon compensation which is fair and reasonable taking into
account the estimated value of the required services, and the scope, complexity, and
nature of such services.
11.4. agreeing upon which specified personnel shall provide the services
required.
12. Exemptions from Formal Competitive Selection Procedures.
12.1. Contracts for personal services are exempt from formal competitive
selection procedures if any of the following conditions exist:
12.1.1. The contract amount is anticipated to be $75,000 or less.
12.1.2. The council, by resolution, may exempt a personal services
contract when emergency conditions require prompt execution of the
contract. The council shall state in the resolution the emergency
conditions necessitating the prompt execution of the contract. The
administrator, by declaration, may exempt a contract under $75,000 from
competitive bidding if emergency conditions require prompt execution of
the contract. The administrator shall make wdtten findings describing the
emergency conditions necessitating prompt execution of the contract and
file those findings with the council at its next regularly scheduled meeting.
"Emergency" means circumstances that were not reasonably foreseen by
the city administrator and that create: a substantial dsk of loss, damage or
interruption of essential services; a threat to public health, safety or the
environment that requires prompt execution of a contract to remedy the
condition.
12.1.3. The administrator finds there is only one person or entity within a
reasonable area that can provide services of the type and quality required.
12.1.4. The contract for services is subject to selection procedures
established by the State or Federal govemment.
12.1.5. The contract is for non-routine or non-repetitive type legal services
outside of the office of the city attorney.
12.1.6. Any contract amendment that changes the odginal contract pdce
or aiters the services to be performed, may be made with the contractor
subject to the following conditions:
(i) The amended contract does not substantially alter the scope or
nature of the project; or
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(ii) If the amendment has the effect of substantially altering the
scope or nature of the project, the amount of the aggregate cost change
resulting from all amendments creating such new obligations shall not
exceed 30% of the initial contract.
(iii) Any amendment made under this subsection shall not increase
the contract amount over $75,000 unless the council first approves the
amendment.
Amendments must not be used to circumvent rules establishing approvals
at certain monetary levels.
13. Contract Review bv Director of Finance. The Director of Finance shall establish
internal procedures for the review, processing and listing of all contracts, whether
competitively bid or exempted from bidding. Such review shall include a method for
determining compliance with these rules. The Director of Finance may exempt certain
classes of contracts from the requirements of this rule if the Director determines that
such contracts are insignificant or would not materially affect the purpose of this rule.
SECTION 2. Resolution 94-21 is repealed.
This resolution was read by title only in accordance with Ashland Municipal Code
§2./~~PAS~s
Barbara Christensen, City Recorder
day of ~ ,2000.
SIGNED and APPROVED this '7 day of ~
,2000.
Catherine M. Shaw, Mayor
Review/~~
Paul "~e, City Attomey
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