3.16.200 Professional services contracts.
A. Professional services are defined as those provided by a person or firm engaged in a profession based on a generally recognized special knowledge or skill, including, but not limited to, the professions of accountant, attorney, artist, architect, engineer, environmental consultant, dentist, physician, training or educational consultant, or surveyor, and whose services are considered distinct and unique to such a degree that bidding of such services would not be feasible.
1. Procurement of Professional Services Contracts—Open Market Proposals. Contracts estimated to be less than the amount established by resolution of the city council on a periodic basis may be let by the city manager without formal or informal proposals subject, however, to fair, just and equitable contract terms and conditions.
2. Procurement of Professional Services Contracts––Informal Proposals. Contracts for professional services in excess of the amount allowed for open market proposals but not exceeding an amount established by resolution of the city council on a periodic basis may be made by the city manager informally without observing the procedures prescribed in subsection (A)(3) of this section. Such contracts shall, unless infeasible, be based on at least three informal proposals and shall be awarded based on firm qualifications, experience and responsiveness, in addition to other appropriate criteria.
3. Procurement of Professional Services Contracts––Formal Proposals. Award of contracts for services of a professional nature valued at an amount established by resolution of the city council on a periodic basis or more shall be subject to city council approval pursuant to the procedure prescribed herein.
a. Request for Proposal. When selecting providers of professional services with an estimated cost greater than an amount established by resolution of the city council on a periodic basis, requests for proposal shall be used. Requests for proposal shall specify the deadline and place for submission, the nature of the services required, and the selection criteria to be used for awarding the contract. City council will approve all requests for proposal for formal professional services contracts prior to issuance unless waived or excepted.
b. Award of Contract. Except as otherwise provided herein, the city council shall award a contract based on firm qualifications, experience and responsiveness, in addition to any other criteria set forth in the request for proposal. Before a contract is signed by the city manager or placed on a city council agenda for approval, the contract must: include appropriate insurance and indemnification provisions reviewed by the town’s risk manager or city attorney; be approved as to form by the city attorney; be approved as to budget availability and purchasing procedural compliance by the finance director; and executed by the other party (except in the instance of a public entity).
c. Rejection of Proposals. The city council may reject any and all proposals submitted and may, in its discretion, readvertise for other proposals.
B. The open market, informal and formal bidding procedures contained in this chapter (Sections 3.16.100, 3.16.110 and 3.16.120) shall not apply to contracts for professional services.
C. The city manager may award any contract for professional services when the total not to exceed contract amount of such services is less than the formal contract amount established by resolution of the city council on a periodic basis. Any contract for professional services having a total contract amount of greater than the formal contract amount established by resolution of the city council on a periodic basis shall be awarded by the city council.
D. Notwithstanding any provision in this chapter to the contrary, selection by the town for professional services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and shall not be awarded solely on the basis of cost. In accordance with state law, the town shall consider price after the town is satisfied that the would-be person, company, corporation, contractor, consultant, or firm has demonstrated the competence and professional qualifications necessary for the satisfactory performance of the services required and is the best qualified or suited professional to perform the services required. (Ord. 595 § 1 (Exh. A (part)), 2012)