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;
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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;
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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.
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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.
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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
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