1.55.040 Personal Service Contracts.
A. A personal service contract is appropriate for contracts for services where the individual qualifications and skills of the person providing the service are essential to the service. A personal service contract is awarded primarily on the basis of the contractor’s qualifications including but not limited to criteria such as experience, training, knowledge, and expertise, technical skill, creativity, artistic ability, performance history, and demonstrated ability to exercise sound professional judgment. A personal service contract is not appropriate where price is the major factor and quality of service is only a minor factor and can be satisfied by compliance with minimum standards.
B. In addition to the selection procedures authorized by BC 1.55.030, personal service contracts may be awarded by either of the following procedures:
1. Direct appointment of the contractor believed to be able to provide the best services, taking into consideration expertise, ability, experience and cost, if:
a. The fee for the contract will not exceed $10,000 in any 12-month period, or $30,000 in any 12-month period if specifically authorized in writing by the City Manager;
b. The contract is for legal services or for an expert witness; or
c. The City Manager has determined in writing that it is in the public interest to award the personal services contract without a competitive process and that the direct award will not promote favoritism or discourage competition and is otherwise consistent with the policies of this chapter; or
2. By soliciting project specific scopes of work and costs from a list of potential contractors established by a request for proposal process. Lists of qualified contractors for certain types of professional services may be established for up to five years by a competitive request for proposal process. The City will annually review the performance of contractors on the list and may delist contractors for poor performance. The City will also provide an annual opportunity for contractors to be added to the list by an additional request for proposal process. A list of rates and costs will be required as part of the request for proposal process.
C. The following rules apply to solicitation of personal service contracts by competitive proposals. A request for qualifications may be used as the first step in a request for proposal process.
1. The City may arrange for any or all proposers to be interviewed for the assignment by an appropriate City employee or by an interview committee.
2. Following a review of the proposals and interview (if used), the City shall select the contractor based on the criteria stated in the solicitation document, which may include the following factors:
a. Specialized experience in the type of work to be performed.
b. Capacity and capability to perform the work, including any specialized services within the time limitations for the work.
c. 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.
d. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of design or techniques peculiar to it, where applicable.
e. Cost. Except when State or Federal law or grant restrictions prohibit consideration of cost in selecting a contractor, the City shall consider cost as a factor in all contract awards, but cost shall not be the prime consideration in the selection of providers of professional services.
f. Any other factors relevant to the particular contract. [Ord. NS-2210, 2013; Ord. NS-2159, 2011; Ord. NS-2145, 2010]