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Personal services contracts (other than a personal services contract for an architect, engineer, land surveyor, or provider of related services), are subject to the rules established by this section.
(A) All personal services contracts shall contain all contract provisions mandated by state law. These provisions may be incorporated in the personal services contract by reference to state law, unless state law provides otherwise. The attorney for the contracting agency when requested will prepare model contract provisions for use in personal services contracts.
(B) The following procedures shall be observed in the selection of personal services contractors.
(1) For personal services contracts involving an anticipated fee of $20,000 or less per annum, the contracting agency may negotiate a contract for such services with any qualified contractor the contracting agency selects.
(2) For personal services contracts involving an anticipated fee of more than $20,000 per annum, the contracting agency shall solicit prospective contractors who shall appear to have at least minimum qualifications for the proposed assignment, notify each prospective contractor in reasonable detail of the proposed assignment, and determine the prospective contractor’s interest and ability to perform the proposed assignment.
(3) The contracting agency may arrange for any or all interested prospective contractors to be interviewed for the assignment by an appropriate employee or by an interview committee.
(4) Following a review of the qualifications and interview, where conducted, of the interested prospective contractors, the contracting agency shall select the prospective contractor and shall prepare a personal services contract.
(C) Some or all of the following criteria shall be considered in the evaluation and selection of a personal services contractor:
(1) Experience in the type of work to be performed;
(2) Familiarity with the local area and access to local resources;
(3) Capacity and capability to perform the work, including any specialized services within the time limitations for the work;
(4) Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules and contract administration, where applicable; and
(5) Any other factors relevant to the particular contract.
(D) The above provisions regarding selection procedures and criteria do not apply to renewals, amendments, or modifications of existing personal services contracts.
(E) The selection procedures described in this section may be waived by the contracting agency at its discretion where an emergency exists that could not have been reasonably foreseen and requires such prompt execution of a contract to remedy the situation that there is not sufficient time to permit utilization of the selection procedures.
(Ord. 02-2012, passed 10-10-2011)