2.32.060 Personal services contracts.
A. Consistent with ORS 279C.110(2), the following procedures shall apply to the award of personal services contracts, including contracts for architectural, engineering, photogrammetric, transportation planning or land surveying services:
1. Personal Service Contracts Up to $10,000. Personal services contracts involving an anticipated cost not exceeding $10,000 may be directly awarded by the City Manager to a suitably qualified consultant that can perform the needed services.
2. Personal Service Contracts Between $10,000 and $50,000. Personal services contracts involving an anticipated cost between $10,000 and $50,000 may be awarded by the City Manager following a verbal or electronic solicitation of offers from up to three suitably qualified consultants. Selection of a contractor under this subsection shall be based upon an evaluation of the criteria in subsection (B) of this section.
3. Personal Service Contracts Greater Than $50,000. Personal services contracts involving an anticipated cost greater than $50,000 may be awarded by the City Council following solicitation of at least three written competitive offers or proposals. Selection of a contractor under this subsection shall be based upon an evaluation of the criteria in subsection (B) of this section.
4. Notwithstanding the foregoing, during an emergency declared by the City Manager or Mayor, personal services contracts may be awarded directly by the City Manager to a suitably qualified consultant that can perform the needed services. Amendments to and annual renewals or extensions of existing contracts may be awarded by the contracting agency without a new solicitation or evaluation process. No personal services contract shall be artificially divided or fragmented to qualify for a different procedure as provided in this subsection.
B. All or any of following criteria may be considered in the evaluation and selection of a personal services contractor where a competitive process and evaluation is required by this section. Pricing policies, proposals or other pricing information may not be used as an evaluation criterion except under subsection (C) of this section. The criteria listed in this subsection (B) are not listed in order of preference or importance, and nothing contained herein precludes the use of other or additional criteria:
1. Specialized experience, capabilities and technical competence, which the prospective consultant may demonstrate with the prospective consultant’s proposed approach and methodology to meet the project requirements;
2. Resources committed to perform the services and the proportion of the time that the prospective consultant’s staff would spend to perform services for the contracting agency, including time for specialized services, within the applicable time limits;
3. Record of past performance, including but not limited to price and cost data from previous projects, quality of work, ability to meet schedules, cost control and contract administration;
4. Ownership status and employment practices regarding disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own, emerging small businesses or historically underutilized businesses;
5. The contractor’s proximity to the project locale;
6. Familiarity with the project locale;
7. Proposed project management techniques;
8. Timeliness of delivery of services;
9. References from successfully completed projects managed by the contractor;
10. Utilization of locally procured goods, services, or personnel;
11. Other services provided by the contractor not specifically listed in the request for proposal;
12. The contractor’s ability to meet the agency’s total, not to exceed budget for the project or services;
13. Other criteria specially listed in the solicitation document on a case-by-case basis.
C. Notwithstanding the prohibition in subsection (A) of this section precluding the solicitation or use of pricing policies, proposals or other pricing information until after the City has selected a consultant, consistent with ORS 279C.110(5), the City may use pricing policies, proposals or other pricing information as part of its screening and selection of prospective consultants if the City:
1. States in solicitation procurement documents:
a. That the City will screen and select prospective consultants as provided in this subsection;
b. How the City will rank proposals from prospective consultants, with a specific focus on:
i. Which factors the City will consider in evaluating proposals, including pricing policies, proposals or other pricing information, if the City will use pricing policies, proposals or other pricing information in the evaluation; and
ii. The relative weight the City will give each factor, disclosing at a minimum the number of available points for each factor, the percentage each factor comprises in the total evaluation score and any other weighting criteria the City intends to use;
c. An estimate of the cost of professional services the City requires for the procurement; and
d. A scope of work that is sufficiently detailed to enable a prospective consultant to prepare a responsive proposal.
2. Evaluates each prospective consultant on the basis of the prospective consultant’s qualifications to perform the professional services the City requires for the procurement. The City may use the criteria set forth in subsection (B) of this section to conduct the evaluation.
3. Announces the evaluation scores and rank for each prospective consultant after completing the evaluation described in subsection (C)(2) of this section. The City may determine that as many as three of the top-ranked prospective consultants are qualified to perform the professional services the City requires for the procurement and may request a pricing proposal for the scope of work stated in subsection (C)(1)(d) of this section from each of the top-ranked consultants. The pricing proposal:
a. Must consist of:
i. A schedule of hourly rates that the prospective consultant will charge for the work of each individual or each labor classification that will perform the professional services the City requires for the procurement, in the form of an offer that is irrevocable for not less than 90 days after the date of the proposal; and
ii. A reasonable estimate of hours that the prospective consultant will require to perform the professional services the City requires for the procurement; and
b. May include, at the City’s request, additional pricing information that is limited to:
i. A description of each task that the prospective consultant understands as comprising the professional services;
ii. A list of each individual or labor classification that will perform each task, together with the hourly rate that applies to the individual or labor classification; and
iii. A list of expenses, including travel expenses, that the prospective consultant expects to incur in connection with providing the professional services.
4. Permits a prospective consultant identified as qualified under subsection (C)(3) of this section to withdraw from consideration for the procurement if the prospective consultant does not wish to provide a price proposal.
5. Completes the evaluation and selects a consultant from among the top-ranked prospective consultants that have not withdrawn as provided under subsection (C)(4) of this section, giving not more than 15 percent of the weight in the evaluation to each prospective consultant’s price proposal.
D. By resolution, the City Council may exempt a personal services contract or a class of personal services contracts from the requirements of subsection (A) of this section if doing so would:
1. Be unlikely to encourage favoritism or to diminish competition;
2. Result in cost savings to the City; or
3. Otherwise promote the best interests of the City or the public.
E. Personal service contracts for legal counsel, legal services, expert witnesses, court-appointed attorneys, stenographers and other legal services are exempt from the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Attorney. The City Attorney shall obtain City Council approval of any expenditure for legal services paid to a single legal services provider that is expected to exceed $10,000 prior to entering into the contract. Except for legal counsel hired by the City to provide legal services to indigent criminal defendants prosecuted by the City, the City Attorney shall select and retain all outside legal counsel hired by the City subject to the approval of the City Council. (Ord. 2060 §2 Exh. A, 2021)