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HomeMy WebLinkAbout1994-21 Personal Services RulesRESOLUTION NO. 94- ,~ / A RESOLUTION ADOPTING THE CITY OF ASHLAND'S RULES FOR SCREENING AND SELECTION OF PERSONS TO PERFORM PERSONAL SERVICES. THE CITY OF ASHLAND RESOLVES THAT THE FOLLOWING RULES BE ADOPTED: CITY OF ASHLAND RULES FOR SCREENING AND SELECTION OF PERSONS TO PERFORM PERSONAL SERVICES 1. Use of Competitive Selection Procedures for Personal Services: Except for contracts that are exempt under Rule 12, the formal competitive selection procedures set forth in Rules 3 through 11 shall be used for procurement of personal services. 1.1. If a contract is exempt from formal competitive selection procedures, competitive oral or written informal proposals should be obtained, if feasible. 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 programmers, engineers, land surveyors, lawyers, and psychologists. 2. Determinations Required Prior to use of Competitive Selection Procedures: Before procurement of any personal services that are anticipated to cost in excess of $15,000 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. technical education and training; PAGE l-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p:ord\perserv.rul) 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 Competitive Selection Procedures. Prior 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 30 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 Attorney prior 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 under $25,000 is met when the procurement is publicized in a newspaper of general circulation in the city and Jackson County. Adequate public notice for contracts anticipated to be $25,000 or more is met when the procurement is also publicized in a trade publication of general circulation in the state. 5. Request 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; 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 portions 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 different, the place of performance of the proposed contract; PAGE 2-RULES FOR SELECTION QF PERSONAL SERVICE CONTRACTORS (p:ord\perserv.rul) 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 period 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; 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 qualifications; and 7.2. explore with the offeror the scope and nature of the required services, the offeror's proposed method of performance, and the relative utility of alternative methods of approach. 8. Modification or Withdrawal of Proposals: Proposals may be modified or withdrawn at any time prior to the conclusion of discussions. PAGE 3-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p:ord\perserv.rul) 9. Selection of the Best Qualified Offerors. After the qualifications of the offerors have been reviewed, the city official requesting the procurement 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 procuremerit shall advise such offeror of the termination of negotiations. 9.2. upon failure to negotiate a contract with the best qualified offeror, the city official conducting the procurement may enter into negotiations with the next most qualified offeror. If compensation, 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 qualified shall be required to submit cost or pricing 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 procurement 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 directed 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; 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. Contracts for personal services shall be exempt from formal competitive selection procedures if any of the following conditions exist: 12.1. The contract amount is anticipated to be $15,000 or less. PAGE 4-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p:ord~perserv,rul) 12.2. 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 $25,000 from competitive bidding if emergency conditions require prompt execution of the contract. The administrator shall make written findings describing the emergency conditions necessitating prompt execution of the contract. 12.3. The council finds there is only one person or entity within a reasonable area that can provide services of the type and quality required. 12.4. The contract for services is subject to selection procedures established by the State or Federal government. 12.5. When a personal services contract is exempted, contract amendments which change the original contract price or alter the work to be performed may be made if the amount of the aggregate cost change resulting from all amendments does not exceed 30% of the initial contract, or $15,000, whichever amount is smaller. This resolution was read by title only in accordance with Ashland Municipal Code § 2.04.090 duly PASSED and ADOPTED this Nan E. Franklin, City Recorder __ day of ~ ,1994. SIGNED and APPROVED this day of J-~ ,1994. Reviewed as to form: Paul Nolte, City Attorney PAGE 5-RULES FOR SELECTION OF PERSONAL SERVICE CONTRACTORS (p:ord\perserv .rul)