Chapter 11.30
PROFESSIONAL SERVICES CONTRACTS

Sections:

11.30.010    Definitions.

11.30.020    Professional service contracts generally – Contract authority.

11.30.030    Solicitation of proposals.

11.30.040    Professional services contract terms.

11.30.010 Definitions.

(a)    “Professional services” as used in this chapter shall mean professional, technical or consultant services that are predominantly intellectual in character and that:

(1)    Include analysis, evaluation, prediction, planning or recommendations; and

(2)    Result in the production of a report or the completion of a task.

Examples of professional service contractors include, but are not limited to: accountants, architects, appraisers, engineers, land surveyors, financial consultants, attorneys, planning consultants, economists, computer programmers and system analysts, insurance consultants and risk analysts, and other specialized consultants.

(b)    “Request for proposals” means a written solicitation for contract proposals by prospective contractors that sets out the nature of the services to be performed or product to be secured with sufficient information for a qualified prospective contractor to prepare a contract proposal for consideration and evaluation by the borough. [Ord. No. 1253, §7, 3-3-03; Ord. No. 600, §2, 3-2-87. Code 1974 §41.40.005.]

11.30.020 Professional service contracts generally – Contract authority.

(a)    The manager may select, award and sign, without prior approval of the assembly, or compliance with the provisions of this chapter, any contract for professional services, except as provided in subsection (b) of this section.

(b)    The manager shall notify the assembly in writing of any proposed professional services contract with an estimated cost, as determined by the manager, in excess of $50,000. Notification to the assembly shall be given at a regular assembly meeting not less than five days prior to advertising or otherwise requesting proposals for the contract.

(c)    The assembly may, at its discretion, and upon notification by the manager as provided in subsection (b) of this section, require the compliance with the provisions of this chapter for any contract for professional services, in which event the contract shall be awarded by the assembly pursuant to and after compliance with the provisions of this chapter.

(d)    Notwithstanding any provisions of this code to the contrary, the borough assembly may, in its discretion, designate the borough mayor to administer, on the assembly’s behalf, certain professional services contracts executed jointly with the city of Ketchikan. Such administration shall include the solicitation of proposals based on previously approved specifications, the recommendation of a qualified contractor for assembly approval, and the monitoring of work progress and payment. All other contracting procedures contained in the code and not expressly mentioned in this subsection shall otherwise apply. [Ord. No. 1855, §10, 5-7-18; Ord. No. 1253, §8, 3-3-03; Ord. No. 1214, §5, 5-6-02; Ord. No. 853, §1, 5-4-92; Ord. No. 600, §2, 3-2-87. Code 1974 §41.40.010.]

11.30.030 Solicitation of proposals.

(a)    When the borough proposes to enter into a contract for professional services estimated by the manager to be in the amount of $50,000 or greater, the manager shall use the procedure for requests for proposals under KGBC 11.20.100.

(b)    The provisions of this section do not apply if:

(1)    The manager demonstrates that there is a single source of the expertise or knowledge required, or that one person or firm can clearly perform the required tasks more satisfactorily because of the person’s or firm’s prior work;

(2)    The manager makes a determination that public necessity will not permit delay incident to the procedures otherwise required by this chapter;

(3)    The service is to be provided by another government agency; or

(4)    The contract for professional services is estimated by the manager to be of an amount of less than $50,000.

(c)    In addition to other criteria set forth in the request for proposal, the following factors shall be considered by the borough when it evaluates the proposals received:

(1)    Specialized experience and technical competence of the person or firm (including a joint venture or association) with the type of service required;

(2)    Capacity of the person or firm to perform the work, including any specialized services, within the time limitations;

(3)    Character, integrity, reputation, judgment, experience and efficiency of the person or firm;

(4)    Past record and performance on contracts with the borough or other governmental agencies and private industry with respect to such factors as control of costs, quality of work and ability to meet schedules;

(5)    Familiarity with the details of the project;

(6)    Degree of local employment provided by the person or firm; and

(7)    Estimated cost of services. [Ord. No. 1855, §11, 5-7-18; Ord. No. 1214, §5, 5-6-02; Ord. No. 771, §§1, 2, 10-1-90; Ord. No. 600, §2, 3-2-87. Code 1974 §41.40.020.]

11.30.040 Professional services contract terms.

Contracts may be lump sum, cost plus a fixed fee, unit price, cost times a multiplier, or on such other terms as are deemed appropriate to the project involved. [Ord. No. 1214, §5, 5-6-02; Ord. No. 600, §2, 3-2-87. Code 1974 §41.40.030.]