(A) PERSONAL SERVICE CONTRACT means a contract for personal or professional services performed by an independent contractor, primarily for the provision of services that require specialized technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of discretionary judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of attorneys, accounting and auditing services, information technology services, planning and development services, artists, designers, performers, property managers and consultants. The City Manager has discretion to determine whether a particular contract or service falls within this definition. For the purposes of this section, PERSONAL SERVICES CONTRACTS do not include contracts for architectural, engineering, photogrammetric, land surveying and, in very narrow instances, transportation planning services when only such professionals may legally provide the service. The procedures for those contracts are found in § 36.03.
(B) The following formal selection procedure will be used when the estimated payment to the contractor exceeds $50,000.
(1) Announcement. The city will give notice of its intent to procure personal services through a newspaper of general circulation, and any other means the city deems appropriate, including contacting prospective contractors directly. Announcements will include:
(a) A description of the proposed project;
(b) The scope of the services required;
(c) The project completion dates;
(d) A description of special requirements;
(e) When and where the application may be obtained and to whom it must be returned;
(f) The closing date; and
(g) Other necessary information.
(2) Application. Applications will include a statement that describes the prospective contractor's credentials, performance data, examples of previous work product or other information sufficient to establish contractor's qualification for the project, references, and other information identified by the city as necessary to make its selection.
(3) Initial screening. The City Manager will evaluate the qualifications of all applicants and select a prospective contractor or prospective contractors whose application demonstrates that the contractor is best qualified to meet the city's needs.
(4) Final selection.
(a) The City Manager will interview the finalists selected from the initial screening. At the City Manager's discretion, the interviews may be conducted before the Council.
(b) After the interview process concludes, the City Manager will make the final selection. If the interviews are conducted before the Council, the Council will make the final selection.
(c) The final selection will be based upon applicant capability, experience, project approach, compensation requirements, references and any other criteria identified by the city as necessary for the city to select a contractor.
(C) The following informal selection procedure may be used when the estimated payment to the contractor does not exceed $50,000 or when the City Manager determines that the informal procedures will not interfere with competition among prospective contractors, reduce the quality of services or increase costs. The City Manager will contact a minimum of 3 prospective contractors qualified to offer the services sought. The City Manager will request an estimated fee, and make the selection consistent with the city's best interests. If 3 quotes are not received, the City Manager will make a written record of efforts to obtain the quotes.
(D) The City Manager may enter into personal service contracts not exceeding an estimated $5,000 without following the procedures under divisions (B)(2) or (3). However, the City Manager must make reasonable efforts to choose the most qualified contractor to meet the city's needs. The amount of a given contract may not be manipulated to avoid the informal or formal selection procedures.
(E) The City Manager may negotiate with a single source for personal services if the services are available from only 1 contractor, or the prospective contractor has special skills uniquely required for the performance of the services. The city must make written findings to demonstrate why the proposed contractor is the only contractor who can perform the services desired.
(F) The City Manager may select a contractor without following any procedures if an emergency exists. In such instances, the City Manager must memorialize in writing the circumstances that justify the emergency appointments.
(Ord. 2013-08-02, passed 8-13-2013)