Norwalk Municipal Code Ch. 3.21 Contracts for Professional Services

Unless the context otherwise requires, the following definitions, as well as the definitions in Chapter 3.16 (Purchasing System), shall govern the construction of this chapter:

"Professional services"

means services which require special performance criteria; special or specific equipment; specific experience, knowledge, training, personal judgment, quality of work or factors other than simply obtaining the service at the lowest cost to the City. Such services include, but are not limited to, those provided by attorneys, architects, engineers, land surveyors, construction managers, appraisers, experts, accounting firms, security firms, computer consultants/programmers and/or other specialized consultants. Professional services do not include services rendered by City officers or employees.

(Ord. 21-1722 § 2)

A. In contracting for professional services, such contracts shall only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed.

B. Once the department requesting the professional service has determined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in determining to whom a contract shall be awarded. The City's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship, and other factors required by the department or proposed by the contractor.

C. No services shall commence prior to having a fully executed agreement, as well as adequate insurance and bond coverage, prior to the performance of professional services.

(Ord. 21-1722 § 2)

The acquiring of professional services shall be made and accomplished in conformity with Section 3.21.050 or 3.21.060 except:

A. When an emergency, as determined by the Purchasing Authority with the approval of the City Manager, is deemed to require that an order be placed with the nearest available source;

B. When the professional services needed can be obtained from one source only;

C. When the City Council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the City Council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same; or

D. When the amount of the professional services involved is less than the amount of the formal bid set by Purchasing Policy approved by the City Council.

(Ord. 21-1722 § 2)

The acquiring of professional/special services shall be procured through a negotiated contract and should include a request for proposals ("RFP"), unless Section 3.21.030 or 3.21.050 applies.

(Ord. 21-1722 § 2)

Soliciting bids for professional services is decentralized and shall be the responsibility of the department director requesting the service, utilizing the template authorized by the City Attorney; however, the Purchasing Authority may be contacted to assist with bids requiring the formal sealed RFP process set forth in Section 3.21.060.

(Ord. 21-1722 § 2)

The following procedure shall be used when seeking professional services estimated to have an annual cost of up to the Purchasing Authority authorization limit of Section 3.16.060.

A. In nonemergency situations, the requesting Department shall contact a minimum of three consultants or firms.

B. Unless the Purchasing Authority's designee authorized the entering into or the award of a specific contract for professional services, the City Manager shall approve in writing the award of all such contracts, taking into consideration the recommendation of the department director requesting the professional services at issue.

C. The City Manager or duly authorized designee is authorized to approve professional service contracts with an annual estimated cost of up to the Purchasing Authority authorization limit of Section 3.16.060.

(Ord. 21-1722 § 2)

The following procedure shall be used when seeking professional services estimated to have an annual cost of more than the Purchasing Authority authorization limit of Section 3.16.060.

A. In nonemergency situations, departments shall utilize the following formal sealed request for proposal process:

1. A formal sealed RFP template provided by the Purchasing Authority shall be developed for solicitation of professional services contracts of more than the Purchasing Authority authorization limit of Section 3.16.060.

2. The department shall advertise in appropriate publications and/or use the professional services listings, as available, during the solicitation process.

3. Notice inviting RFPs shall be posted upon a bulletin board at City Hall and on the City's website at least 10 calendar days before the due date of submission of the RFP, when reasonably possible.

4. The notice shall at least describe the general type of service needed, how the RFP minimum scope of work can be obtained, the requirement of a written sealed proposal, state the closing date, place, and time for submission of the RFP.

5. Sealed request for proposals shall be submitted directly to the requesting department and need not be opened publicly.

6. Departments shall analyze proposals for compliance with RFP requirements, value of the total scope of services and make a recommendation to City Council for selection or for follow up interviews with those consultants/firms submitting proposals.

B. Contracts for professional services of more than the Purchasing Authority authorization limit of Section 3.16.060 require the approval of the City Council.

C. Contracts for professional services shall be on the City's standard form and shall be reviewed and approved as to form by the City Attorney.

(Ord. 21-1722 § 2)

A. No officer or employee of the City or its agencies shall split or separate a purchase/procurement of professional services for the purpose of evading the dollar amount bid threshold provisions of this chapter. The acquisition of professional services should be made with a single contract covering all services to be provided.

B. No City employee who participates in the selection or approval of a professional service provider, nor any person who has supervisory responsibility for any such employee, shall have a financial interest in any professional service provider business entity under consideration.

(Ord. 21-1722 § 2)