Ordinance

ORDINANCE NO. ____

AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE CONTRACTS

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. Chapter 2.52 of the Ashland Municipal Code is amended as follows:

Chapter 2.52

PERSONAL SERVICES CONTRACTS

Sections:
2.52.010 Definitions.
2.52.020 Purpose.
2.52.040 Rules and Procedure
2.52.050 Formal Competitive Selection Procedures-Exemptions.
2.52.060 Screening Criteria.
2.52.070 Selection Process.
2.52.080 Repealed by 2917
2.52.090 Repealed by 2917

Section 2.52.010 Definitions. The definitions set forth in Ashland Municipal Code Section 2.50.010 are incorporated into this chapter as though fully set forth in this section.

Personal Service Contract: A personal service contract is a contract primarily for the provision of services that requires specialized, technical, creative, professional or communicative skills, talents, unique or specialized knowledge, or the exercise of discretionary judgment skills, and for which the quality of service depends on attributes that are unique to the service provider. Such services include, but are not limited to, architectures, engineers, land surveyors and related services as defined in ORS 279C.120(6), accountants, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, and consultants . The Public Contracting Officer, the City Administrator or their designee shall have the discretion to determine whether a particular type of contract or services falls within the category of personal services.
(Ord 2917, Amended, 03/01/2005)

Section 2.52.020 Purpose.

Personal service contracts will be used to retain the services of independent contractors Nothing in this section shall apply to the employment of regular city employees.
(Ord 2917, Amended, 03/01/2005)

2.52.040 Rules and Procedure.

Personal service contracts are subject to the rules established by this section:

A. All personal service contracts shall contain the provisions set forth in Exhibit A of AMC 2.50 as well as any others required by federal or state law or the Ashland Municipal Code.

B. All personal service contracts shall be signed by both parties before any work or service may commence.

C. Personal service contract proposals may be modified or withdrawn at any time prior to the conclusion of discussions with an offeror.

D. The Purchasing Agent shall establish internal procedures for the review, processing, and listing of all contracts, whether procured through a formal competitive selection process, or exempt from the formal competitive selection procedures. Such review shall include a method for determining compliance with these rules.

E. For personal service contracts that are anticipated to cost in excess of $5,000, the Department Head for the department that needs the services shall make the following determinations:

1. That the services to be acquired are personal services;

2. That a reasonable inquiry has been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel nor resources to perform the services required under the proposed contract ; and

3. That the department has developed, and fully plans to implement, a written plan for utilizing such services which will be included in the contractual statement of work. (Ord 2917, Amended 03/01/05)

Section 2.52.050 Formal Competitive Selection Procedures-Exemptions.

All personal service contracts shall undergo a screening and selection process as outlined below except for these types:

A. The contract has a total value of less than $5,000 provided it is memorialized by a formal purchase order. A personal service contract awarded under this section may be amended to exceed $5,000 only upon approval of the Public Contracting Officer, and in no case may exceed $6,000. A personal service contract may not be artificially divided or fragmented.

B. Contract amendments, which in the aggregate change the original contract price or alters the work to be performed, may be made with the contractor if such change or alteration is less than twenty-five (25%) of the initial contract and are subject to the following conditions:

1. The original contract imposes binding obligation on the parties covering the terms and conditions regarding changes in the work; or

2. The amended contract does not substantially alter the scope or nature of the project;

C. The Department Head finds, in writing and at his or her discretion, that there is only one person or entity within a reasonable area that can provide services of the type and quality required.

D. The contract is subject to selection procedures established by the State or Federal government.

E. The contract is for non-routine or non-repetitive type legal services outside the Legal Department.

F. The contract is for an emergency as defined in AMC 2.50.080 and the procurement procedure set forth in AMC 2.50.080 is complied with for awarding an emergency contract.
(Ord 2917, Amended, 03/01/05)

Section 2.52.060 Screening Criteria.

The following criteria shall be considered in the evaluation and selection of a personal service contractor for personal service contracts:

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 designing or techniques peculiar to it, where applicable.

E. Cost of the services.

F. Any other factors relevant to the particular contract.
(Ord 2917, Amended, 03/01/2005)

Section 2.52.070 Selection Process.

The following rules shall be followed in selecting a contractor for personal services:

A. For personal service contracts that exceed $5,000, but do not exceed $50,000, at least three competitive written proposals from prospective contractors who shall appear to have at least minimum qualifications for the proposed assignment, shall be solicited. Each solicited contractor shall be notified in reasonable detail of the proposed assignment. Any or all interested prospective contractors may be interviewed for the assignment by an appropriate City employee or by an interview committee. The Department Head for the department that needs the services shall award the contract to the prospective consultant whose proposal will best serve the interests of the City, taking into account all relevant criteria found in Section 2.52.060. The Department Head shall make written findings justifying the basis for the award and retain such records as required by AMC 2.50.110.

C. For personal service contracts that will cost $50,000 or more, the Department Head shall award the contract based on AMC 2.50.090.

D. The City official conducting the selection of a personal service contact shall negotiate a contract with the best qualified offeror for the required services at a compensation determined in writing to be fair and reasonable.
(Ord 2917, Amended, 03/01/2005)

Section 2.52.080 Repealed by 2917
Section 2.52.090 Repealed by 2917

The foregoing ordinance was first read on the ____ day of ______, 2006, and duly PASSED and ADOPTED this ____ day of _______, 2006.
Barbara M. Christensen, City Recorder

SIGNED and APPROVED this ____ day of _______, 2006.
John W. Morrison, Mayor

Reviewed as to form:
Michael Franell, City Attorney


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