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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, PAGE 1 -Personal Service Sele~on Rules (00Person~d ser,~e 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; PAGE 2-Personal Service Selection Rules (00Persona~ ~erv~ce ~ec, b. ru~. nnakw~s) 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; PAGE 3-Personal Service Selection Rules (0oPer. o~ 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; PAGE 4-Personal Service Selection Rules (00perso~ seo,k:e ,e~eceon ruk. ,na~.,,,pd) 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 PAGE 5-Personal Sewice Selection Rules (ooPers~a~ 8e~e ,¢ec6on .jb, ~n~l.wpd) (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 PAGE 6-Personal Service Selection Rules