(a) Prior to initiating the selection process, the director or board shall obtain legislative approval from City Council to solicit proposals.
(b) The director or board shall prepare a request for proposals (hereinafter RFP). The RFP shall include: (1) a general description of the project; (2) a statement of the City’s needs and requirements; (3) a list of criteria by which firms and proposals will be evaluated; and (4) notice of any meeting or conference of firms that will be held. The evaluation criteria for any contract for personal services 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 the technical training, education and/or experience of the firm’s personnel who would be assigned to perform the work; (2) the quality and feasibility of the firm’s technical proposal; (3) the ability of the firm to perform the required service competently and expeditiously as indicated by the firm’s workload and the availability of necessary personnel, equipment and facilities; and (4) past performance of the firm as reflected by 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 RFP shall, if practicable, be attached to the legislation that seeks authorization to solicit proposals.
(c) Upon obtaining legislative approval, the director or board shall give notice of the RFP 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 proposals. 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 proposals, the selection committee established by director or board pursuant to Section 112.04 above shall evaluate all proposals timely received based upon the evaluation criteria specified in the RFP. On the basis of these evaluations, the selection committee shall select two (2) or more of the highest qualified firms with which to hold additional discussions. Firms not selected for further discussions may be excluded from further consideration for the contract upon notification by the director or board. The discussions identified in this paragraph may include, but are not limited to, presentations by the firms to the selection committee to elaborate upon their qualifications, proposals, and/or other pertinent information. The selection committee may permit revisions of proposals so long as all firms who are selected for additional discussions are given equal opportunity to revise their proposals.
(e) Based upon the content of the proposals received including any authorized revisions thereto, and upon any additional discussions with the firms, the selection committee shall rank the remaining firms based upon the evaluation criteria specified in the RFP.
(f) 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.
(g) 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.)