(A) A
PERSONAL SERVICES CONTRACT is a contract 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 arc unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The City Manager or his or her designee shall have discretion to determine whether a particular type of contract or service falls within the foregoing definitions.
(B) The following procedures shall apply to the award of personal services contracts.
(1) Personal services contracts for $5,000 to $10,000. Personal services contracts involving an anticipated fee of $5,000 or more, but less than $10,000 per fiscal year, shall be awarded by the City Manager or his or her designee following a solicitation of offers or personal services by written invitation or advertisement in sufficient number to provide a choice for the city from among qualified service providers. The City Manager or his or her designee shall determine the selection criteria to be included in the written invitation or advertisement and shall have authority to negotiate and enter into the contract.
(2) Personal services contracts from $10,000. Personal services contracts to which division (B)(1) above does not apply, and having an anticipated of fee of $10,000 or more, shall be awarded by the City Council following solicitation of offers based on the procedure and selection criteria adopted by the City Council before offers are solicited.
(3) Other personal service contracts. Except as otherwise provided in this subchapter, for all other personal services contracts, including amendments to and annual renewals of existing contracts and emergencies, the City Manager or his or her designee may enter into the contract without a solicitation of offers. A personal services contract shall not be artificially divided or fragmented to qualify for the award of procedures provided by this division (B)(3).
(4) Criteria. The following criteria shall be considered in the evaluation and selection of a personal services contractor. This section does not preclude the use of additional criteria as may be necessary for a particular contract:
(a) Total cost to the city for the delivery of services;
(b) Specialized experience in the type of work to be performed;
(c) Capacity and capability to perform the work, including any specialized services within the time limitations for the work;
(d) Education 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;
(e) Utilization of locally procured goods, services or personnel; and
(f) Other criteria specifically listed in the solicitation document on a case by case basis.
(Ord. 1240, passed 2- -2005)