(a) Prior to initiating the selection process, the director or board shall obtain legislative approval from City Council to solicit statements of qualifications (hereinafter SOQ).
(b) The director or board shall prepare a request for qualifications (hereinafter RFQ). The RFQ shall include at minimum: (1) a general description of the project; (2) a statement of the needs and requirements of the department or board; (3) a list of criteria by which firms will be evaluated; and (4) notice of any meeting or conference with firms that will be held. The evaluation criteria for any contract awarded under this section shall include, but need not be limited to, the following: (1) the competence of the firm to perform the required personal services as indicated by technical training, education and/or experience of the firm’s personnel who would be assigned to perform the work; (2) the ability of the firm to perform the required personal services competently and expeditiously as indicated by the firm’s workload and the availability of necessary personnel, equipment and facilities; and (3) past performance of the firm as reflected by the evaluations of the director or board, other city directors or boards, or other administrative officials, and previous other clients of the firm with respect to such factors as quality of work, success in controlling costs, and success in meeting deadlines. A copy of the RFQ shall, if practicable, be attached to the legislation that seeks authorization to solicit SOQs.
(c) Upon obtaining legislative approval, the director or board shall give notice of the RFQ by advertisement in a newspaper of general circulation. Such advertisement shall be published at least one (1) week prior to the deadline by which firms must submit SOQs. The director or board may, in addition, advertise in professional and trade publications or other appropriate publications, and/or may extend direct invitations to known firms that provide the personal services sought.
(d) Following completion of the time period for receipt of SOQs, the selection committee established by the director or board pursuant to Section 112.04 above shall evaluate all SOQs timely received based upon the evaluation criteria specified in the RFQ. On the basis of these evaluations, the selection committee shall select three (3) or more of the highest qualified firms for further consideration. If the committee has received less than three (3) SOQs for evaluation, or determines that fewer than three (3) firms are qualified to perform the required personal services, then the committee may select less than three (3) firms for further consideration, or the director or board may cancel the selection process.
(e) The selection committee shall request technical proposals from each of the firms selected for further consideration. The committee may also request that all firms selected for further consideration make a presentation to elaborate upon their technical proposals, statements of qualifications, and/or any other pertinent information. The committee may permit revisions of proposals so long as all firms who have been selected for further consideration are given an equal opportunity to revise their proposals.
(f) The selection committee shall rank all remaining firms based upon the quality and feasibility of their proposals, including any authorized revisions thereto.
(g) The director or board, or in the discretion of the director or board, the selection committee, shall enter into contract negotiations with the highest ranked firm to determine the terms and conditions of the proposed personal services contract, including the compensation to be paid by the City to the firm. If negotiations fail, negotiations with the highest ranked firm shall be terminated, and the director, board, or committee, as applicable, shall enter into negotiations with second highest ranked firm. This process shall continue until a contract is successfully negotiated. If the director, board or committee is unsuccessful in negotiating a contract with any of the selected and ranked firms, the director or board may cancel the selection process.
(h) After successfully negotiating a contract with a firm, the director or board shall next submit the proposed contract to the Director of Law for his or her review and approval. Upon receiving the legal approval of the Director of Law, the contract shall be submitted to the Board of Control for award of the proposed contract. In its submission to the Board of Control, the director or board shall include a written statement which: (1) identifies all firms who were contacted with regard to the required personal services; (2) explains the selection process by which the firm was selected; (3) describes the contract negotiation process; and (4) states the total contract price and, if applicable, describes the pricing structure for the contract. The Board of Control shall award the personal services contract to the selected firm for the contract price and on the terms and conditions negotiated by the director or board so long as it determines that sufficient funds have been appropriated and remain unencumbered for the proposed expenditure and that the director or board did not commit an abuse of discretion in either selecting the recommended firm or in negotiating the proposed contract. No personal services contract proposed under this section shall be effective and binding upon the City until it is awarded by the Board of Control, signed by the Mayor, approved by the Director of Law and has attached to it a fiscal officer certificate signed by the Director of Finance.
(Ord. 2007-68. Passed 2-5-08.)