COUNCIL
2.005 Council Meetings.
2.010 Absence from Council Meetings.
2.015 Rules of Procedure.
NOMINATIONS
2.020 Qualifications.
2.025 Nomination Petitions.
STANDING COMMITTEES
2.050 Standing Committees.
2.055 Public Works Committee.
2.060 Public Safety Committee.
2.065 Buildings and Grounds Committee.
2.070 Public Administration Committee.
2.075 Additional Duties.
CITY SEAL
2.100 City Seal.
2.105 Custodian of the Seal.
BOND FOR OFFICERS AND EMPLOYEES
2.150 Bond Required.
2.155 Bond Amounts.
DEPARTMENT HEADS
2.200 Department Heads.
CITY FUNDS
2.250 City Funds.
2.255 Warrants.
2.260 Quarterly Report.
2.265 Calling the Warrants.
2.270 Redemption.
DISPOSITION OF PERSONAL PROPERTY
2.300 Personal Property Acquisition.
2.305 Storage.
2.310 Public Auction.
2.315 Sale Proceeds.
2.320 Certificates of Sale.
PUBLIC CONTRACTING
2.350 Short Title.
2.352 Purpose.
2.354 Interpretation.
2.356 Application.
2.358 City Regulations.
2.360 Model Rules.
2.362 Authority of City Manager.
2.364 Mandatory Review of Rules.
2.366 Definitions.
2.368 Process for Approval of Special Solicitation Methods and Exemptions.
2.369 Preferences for Oregon Goods and Services.
2.370 Solicitation Methods for Classes of Contracts.
2.372 Informal Solicitation Procedures.
2.374 Use of Brand Name Specifications
2.376 Bid, Performance and Payment Bonds.
2.378 Appeal of Debarment, Prequalification Decision or City Manager's Decision on Public Contracts Greater than $50,000.
2.380 Public Improvements and Related Contracts.
2.382 Consultant Contracts for Architect, Photogrammetrist, Transportation Planner, Land Surveyor or Related Services.
PLANNING COMMISSION
2.400 Planning Commission Continued.
2.405 Membership.
2.410 Qualifications.
2.415 Terms.
2.420 Officers.
2.425 Procedures.
2.430 Conflicts of Interest.
2.435 Duties.
2.440 Limitation on Authority.
LIBRARY
2.500 Library Re-established.
2.505 Finance.
2.510 Library Board.
2.515 Officers.
2.520 Duties.
2.525 Annual Report.
2.530 Personnel.
2.535 Administration.
PARKS ADVISORY BOARD
2.550
Parks Advisory Board.
2.552
Duties and Responsibilities.
2.554
Advisory Functions.
PARK RESERVATIONS
2.556 Reservations Authorized.
2.557 Application and Administrative Rules.
2.558 Application Fee.
2.559 Interference with Permittee.
EMERGENCY MANAGEMENT
2.650 Organization.
2.655 Duties.
PUBLIC RECORDS
2.700 Retention Schedule.
2.705 Destruction of Records.
INITIATIVE AND REFERENDUM
2.750 Definitions.
2.752 Complete Procedure.
2.754 Initiative Proposal.
2.756 Referendum Procedure.
2.758 Time for Referring Measure by Petition.
2.760 Time for Referral by Council.
2.762 Prospective Petition.
2.764 Elections Officer Duties.
2.766 Preparation of Ballot Titles for Certain Measures; Notice.
2.767 Council Preparation of Ballot Titles for Certain Measures.
2.768 Captions and Statements.
2.770 Ballot Title Appeals.
2.772 Petition Requirements.
2.774 Number of Signatures.
2.776 Attachment of Measure to Sheets.
2.778 Signature Limits.
2.780 Verification of Signatures.
2.782 Certification of Signatures.
2.784 Presentation to Council.
2.786 Submission to Electors.
2.788 Voting on Measures.
2.790 Designating and Numbering Measures.
2.792 Election Notice.
2.794 Information to County Clerks.
2.796 Election Returns.
2.798 Proclamation of Election Results.
2.800 Effective Date of Measures.
2.802 Conflicting Measures.
2.804 Prohibitions Relating to Circulation, Filing, or Certification of Initiative, Referendum, or Recall Petition.
2.806 Penalties.
MUNICIPAL COURT
2.850 Municipal Court Judge.
2.851 Appointment of Judge.
2.852 Municipal Judge Pro Tempore.
2.853 Powers of Municipal Judge.
2.854 Governing Law.
2.855 Warrants.
2.856 Right to Summon Witnesses.
2.857 Service of Process.
2.858 Witness Fees.
2.859 Assessment of Witness Fees.
2.860 Failure to Appear as a Witness.
2.861 Clerk of the Court.
2.862 Right to Trial by Jury.
2.863 Demand for Jury Trial.
2.864 Number of Jurors.
2.865 Jury List.
2.866 Jury Panel.
2.867 Jury Summons.
2.868 Jury Challenges.
2.869 Additional Jurors.
2.870 Payment of Jurors.
2.871 Pre-trial Fees.
2.872 Assessment of Jury Fees.
2.873 Failure to Appear as a Juror.
2.874 Appointment of Counsel.
2.875 Termination of Appointment.
2.876 Payment of Counsel.
2.877 Order of Imprisonment.
2.878 Imprisonment in lieu of Fine.
2.879 Probation.
2.880 Administrative Warrants.
2.881 Issuance of an Administrative Warrant.
2.882 Application for Administrative Warrant.
2.883 Execution of Administrative Warrant.
2.884 Forcible Entry.
2.885 Execution of Administrative Warrant by Forcible Entry.
2.886 Return of Administrative Warrant.
2.887 Interference with Execution of an Administrative Warrant Prohibited.
2.888 Warrantless Inspections.
2.889 Failure to Appear Subsequent to Release.
ECONOMIC DEVELOPMENT COMMISSION
2.900 Economic Development Commission Established.
2.905 Membership.
2.910 Terms of Office.
2.920 Officers.
2.930 Procedures.
2.940 Attendance.
2.950 Duties.
2.960 Administration.
2.965 Annual Report.
2.970 Meetings.
2.975 Committees.
2.980 Funds Held in Trust.
2.985 Limitation on Authority
2.990 Appeals.
DEVELOPMENT COMMISSION
2.995 Dallas Development Commission, Urban Renewal Agency Established.
COUNCIL
(1) Except as provided in subsection (2), regular meetings of the council shall be held on the first and third Mondays of each month at 7:00 p.m., or at such other hour as the council may prescribe, in the council chambers in city hall. If a regularly scheduled meeting falls on a legal holiday, the council shall meet on the following day at 7:00 p.m., or at such other hour as council may prescribe. The business of the council shall be in the order prescribed by the mayor.
(2) The council, may, by motion, cancel a regular meeting, provided that the council shall meet at least once each month.
(3) Subject to subsection (4), the mayor may, on the mayor’s own motion, or at the request of three council members, shall call a special meeting of the council for a time not less than three or more than 48 hours after notice of the special meeting is given. Special meetings may also be called by consent of all the council members.
(4) A special meeting may be held on less than 24 hours’ notice only in case of an actual emergency, in which case notice shall be given as is appropriate to the circumstances, but the minutes for such a meeting shall describe the emergency justifying less than 24 hours’ notice.
[Section amended by Ordinance No. 1697, passed 2-2-2009; amended by Ordinance No. 1743, passed 12-19-2011.]
If the wilful absence of a member of the council from a council meeting results in the lack of a quorum, the remaining members may, by motion, compel the attendance of the absent member. Failure to obey the order of the council is punishable by a fine not to exceed $250.
Proceedings of the council shall be conducted in conformity with the provisions of the city's charter and ordinances and, when not so governed, in accordance with the parliamentary procedure contained in Roberts Rules of Order.
NOMINATIONS
Any person possessing the qualifications set forth in Section 12, of the Dallas charter may be nominated for an elective city position.
[Ordinance No. 1776, passed March 16, 2015]
(1) Nomination shall be by petition specifying the position sought in a form prescribed by the council.
(2) A nomination petition must be signed by not fewer than 25 electors. No elector shall sign more than one petition for each vacant position. If an elector signs more than one petition, the elector’s signature shall be valid only on the first sufficient petition filed for the position.
(3) The signatures on a nomination petition need not all be included on one page, but to each separate page of the petition there must be attached an affidavit of the petition circulator, indicating the number of signers on the page and stating that each signature was made in his presence and is the genuine signature of the person whose name it purports to be.
(4) With each signature there shall be stated the signer’s place of residence, identified by its street and number or other sufficient description.
(5) All pages comprising a nomination petition shall be assembled and filed with the City Manager or the manager’s designee as one instrument, with signatures duly certified by the Polk County Clerk, not earlier than 100 nor later than 70 days before the election. The manager or the manager’s designee shall make a record of the exact time at which each petition is filed and shall record the name and address of the person by whom it is filed. If the petition is not signed by the required number of qualified electors, the manager or the manager’s designee shall notify the candidate and the person who filed the petition within five days after the filing. If the petition is insufficient in any other particular, the manager or the manager’s designee shall return it as soon as possible to the person who filed it, stating in writing in what way the petition is insufficient.
(6) A deficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for refilling nomination petitions. The manager or the manager’s designee shall notify an eligible person of his or her nomination, and the person shall file with the manager or the manager’s designee a written acceptance of nomination, in such form as the council may prescribe, within five days of notification of nomination. Failure to file a written notice of acceptance of nomination will invalidate the nomination.
(7) Upon receipt of acceptance of nomination, the manager or the manager’s designee shall cause the nominee’s name to be printed on the ballots.
(8) The petition of nomination for a successful candidate at an election shall be preserved in the office of the manager until the term of office for which the candidate has been elected expires.
[Ordinance No. 1776, passed March 16, 2015]
STANDING COMMITTEES
(1) At the first regular meeting of the council in January of each year, or as soon thereafter as convenient, the mayor shall appoint the following standing committees of the council:
(a) Committee on public works.
(b) Committee on public safety.
(c) Committee on public buildings and grounds.
(d) Committee on public administration.
(2) The membership of each committee shall be at the discretion of the mayor, except that each council member shall serve on not less than two committees. Each member of a committee shall hold office for one year and until a successor is appointed. If a vacancy occurs in a committee, the mayor, at the next succeeding regular meeting of the council, shall appoint a member of the council to fill the vacancy. A member so appointed shall hold office until the first regular meeting of the council in January of the year following the appointment and until a successor is duly appointed.
(3) At the regular meeting of the council following a committee meeting, the committees shall make a report of their activities.
(4) The proceedings of the committees shall be conducted as provided by Roberts Rules of Order.
(5) A majority of a quorum of a committee is sufficient to conduct committee business.
The public works committee shall:
(1) Consider all matters relating to streets, sewers, alleys, sidewalks, public ways, and water that are referred to it by the mayor.
(2) Report and make appropriate recommendations to the council on all matters referred to it by the mayor.
(3) Propose improvements to streets, sewers, alleys, sidewalks, public ways, and the water transmission and distribution system.
(4) Recommend the adoption of ordinances that it considers necessary for the welfare of the city.
(5) Recommend rates to be charged by the city for water and sewer service.
The public safety committee shall:
(1) Consider all matters relating to public health and safety, the police department, ambulance service, and the fire department that are referred to it by the mayor.
(2) Report and make appropriate recommendations to the council on all matters referred to it by the mayor.
(3) Hear and investigate complaints relating to the violation of ordinances dealing with matters of public health and safety.
(4) Recommend the adoption of ordinances that it considers necessary for the welfare of the city.
The buildings and grounds committee shall:
(1) Consider all matters relating to public buildings, parks, the public library, and public grounds that are referred to it by the mayor.
(2) Report and make appropriate recommendations to the council on all matters referred to it by the mayor.
(3) Recommend the adoption of ordinances that it considers necessary for the welfare of the city.
The public administration committee shall:
(1) Consider all matters relating to the administration of city business, budgetary matters, and fiscal affairs that are referred to it by the mayor.
(2) Report and make appropriate recommendations to the council on all matters referred to it by the mayor.
(3) Recommend the adoption of ordinances that it considers necessary for the welfare of the city.
(4) Make recommendations involving insurance programs maintained by the city, including recommending additions, deletions, acquisition of additional coverage, and the cancellation of coverage no longer required.
CITY SEAL
The description of the seal of the city of Dallas shall be an escutcheon: in chief--an elk head; legend--The City of Dallas, Polk County, Oregon.
The seal of the city shall be kept by the city manager and affixed by the manager to all documents requiring the city seal.
BOND FOR OFFICERS AND EMPLOYEES
The city shall, each year, provide a blanket fidelity bond for the city manager and all other city employees who handle funds belonging to the city. The bond shall be conditioned on the faithful performance of the duties of the office and the truthful accounting to the city of all funds or sums of money coming into the employees' possession.
(1) That blanket fidelity bond shall protect the city in the amounts specified in this section for every loss in each year.
(2) The city manager and finance director shall be bonded in the sum of $100,000. All other employees shall be bonded in the sum of $10,000 each.
DEPARTMENT HEADS
Titles of city department heads are as follows:
(1) The head of the police department shall be known as the “chief of police.”
(2) The head of the fire department shall be known as the “fire chief.”
(3) The head of the public works department shall be known as the “director of public works.”
(4) The head of the planning and building department shall be known as the “director of planning and building.”
(5) The head of the finance department shall be known as the “director of finance.”
[Section amended by Ordinance No. 1727, passed September 7, 2010; amended by Ordinance No. 1740, passed September 6, 2011; amended by Ord.1751, passed December 3, 2012; amended by Ord. 1802, passed March 20, 2017; amended by Ord. 1819, passed October 15, 2018]
CITY FUNDS
The city manager is custodian of all funds of the city
from whatever source derived. The manager shall keep an account for the general fund and a separate account for each special fund that has been or may hereafter be created for any specific object. When a warrant is drawn on a particular fund, it shall be paid out of that fund and in order of its presentation for payment. No warrants or orders shall be paid unless signed by the authorized officials of the city and unless the warrants or orders specifically designate the fund upon which they are drawn. The city manager shall keep a fair, clear, and distinct record of all funds and revenues of the city and of all expenditures, disbursements, and investments.
(1) When a warrant is presented and cannot be paid for lack of moneys in the fund upon which the warrant is drawn, the city manager shall endorse upon the warrant "not paid for lack of funds," and the warrant shall draw interest at a rate established by resolution of the council until the warrant is called for payment as provided in section 2.265. The city manager shall enter in a separate register a record of all warrants presented but not paid for lack of funds. The register shall show the date and number of the warrant, name of claimant, the amount claimed, and the date of presentation and endorsement by the treasurer.
(2) No warrant shall be drawn except as directed by the council. All warrants so authorized shall be signed by the mayor and countersigned by the city manager.
The city manager shall report to the council every three months. The report shall state the number and amount of outstanding warrants against each city fund that have been presented but not paid for lack of funds and the balance in each fund against which there are outstanding warrants.
If the council determines that the balance in a fund is sufficient for calling in a part or all of the warrants outstanding against the fund, it shall direct the city manager to publish a notice in a newspaper of general circulation in the city calling the outstanding warrants in the order of registration. The notice shall describe the called warrants by number, designate the date on which presentation for payment may be made, and state that, from the date so designated, interest on the warrants ceases. The city manager shall not allow interest on such warrants for a period of time subsequent to the payment date designated in the warrant.
A warrant not presented for redemption and payment within seven years from the date of issuance shall be considered canceled and the city manager shall not pay the warrant after the expiration of such time. However, for warrants presented but not paid for lack of funds, such warrants shall be considered canceled after the expiration of seven years from the date on which the warrants are called for payment.
DISPOSITION OF PERSONAL PROPERTY
(1) When personal property of any kind is seized by or surrendered to the city or any of its officers or agents by the owner or custodian of the property, or when personal property is abandoned by its owner or custodian and the city or any of its officers or agents comes into possession of it, a report shall be made to the city manager by the officer or agent taking the property into custody.
(2) The report shall describe the property, the date of its acquisition, the place of its acquisition, and the person or persons from whom it was acquired, if any.
All personal property referred to in section 2.300 shall be stored in a reasonably safe and secure location at the expense of the person lawfully entitled to possession of the property.
When the city manager considers it appropriate to dispose of the property (except vehicles registered with the Motor Vehicles Division of the state), he shall prepare a detailed list of the property and an estimate of the value of each
item. The city manager shall proceed to sell the property at public auction for the highest and best price obtainable. Notice of the time and place of the auction shall be given by public notice, in a newspaper of general circulation published in the city, not less than five days nor more than 14 days before the date of sale. The notice shall also contain a description of each item of property to be sold.
The city manager shall keep an account of each sale covering the items sold, the price received, and to whom sold. The proceeds of each sale shall be applied first to the expenses of the sale and the balance remaining, if any, shall be deposited to the general fund of the city.
1179(5)
At the time of the payment of the purchase price of any item sold at the auction, the city manager shall execute a certificate of sale and deliver it to the purchaser. The certificate shall contain the date of sale, the price paid, a brief description of the property, and a stipulation that the city does not warrant the condition or title of such property.
PUBLIC CONTRACTING
The provisions of this subchapter, and all rules adopted hereunder, may be cited as the City Public Contracting Regulations.
[Section 2.350 added by Ordinance No. 1651, passed February 22, 2005.]
In adopting the public contracting regulations, it is the city's policy to utilize public contracting practices and methods that maximize the efficient use of public resources and the purchasing power of public funds by:
(1) Promoting impartial and open competition;
(2) Using solicitation materials that are complete and contain a clear statement of contract specifications and requirements; and
(3) Taking full advantage of evolving procurement methods that suit the contracting needs of the city as they emerge within various industries.
[Section 2.352 added by Ordinance No. 1651, passed February 22, 2005.]
In furtherance of the purpose of the objectives set forth in subsection 2.352, it is the city's' intent that its public contracting regulations be interpreted to authorize the full use of all contracting powers and authorities described in ORS chapters 279A, 279B and 279C.
[Section 2.354 added by Ordinance No. 1651, passed February 22, 2005.]
The city public contracting regulations apply to all public contracts of the city, except for the classes of contracts that are declared exempt in the Oregon Public Contracting Code, this subchapter, or in rules adopted by the city manager and the following.
(1) Between governments. Contracts between the city and a public body or agency of the state or its political subdivisions, or between the city and an agency of the federal government.
(2) Grants.
(a) A grant contract is an agreement under which the city is either a grantee or a grantor of moneys, property or other assistance, including loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, for the purpose of supporting or stimulating a program or activity of the grantee, and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions.
(b) The making or receiving of a grant is not a public contract subject to the Oregon Public Contracting Code.
(c) However, any grant made by the city for the purpose of constructing a public improvement or public works project shall impose conditions on the grantee that ensure that expenditures of the grant to design or contract the public works project are made in accordance with the Oregon Public Contracting Code and these regulations.
(3) Legal witnesses and consultants. Contracts for professional or expert witnesses or consultants to provide services or testimony
relating to existing or potential litigation or legal matters in which the city is or may become interested.
(4) Real property. Acquisitions or disposals of real property or interests in real property.
(5) Oregon corrections enterprises. Procurements from an Oregon corrections enterprises program.
(6) Finance. Contracts, agreements or other documents entered into, issued or established in connection with:
(a) The incurring of debt by the city, including any associated contracts, agreements or other documents, regardless of whether the obligations that the contracts, agreements or other documents establish are general, special or limited;
(b) The making of program loans and similar extensions or advances of funds, aid or assistance by the city to a public or private person for the purpose of carrying out, promoting or sustaining activities or programs authorized by law, other than for the construction of public works or public improvements;
(c) The investment of funds by the city as authorized by law, or
(d) Banking. Money management or other predominantly financial transactions of the city that, by their character, cannot practically be established under the competitive contractor selection procedures, based upon the findings of the city manager.
(7) Employee benefits. Contracts for employee benefit plans as provided in ORS 243.105, 243.125, 243.221, 243.275, 243.291, 243.303 and 243.565.
(8) Exempt under state laws. Any other public contract specifically exempted from the Oregon Public Contracting Code by another provision of law.
(9) Federal law. Except as otherwise expressly provided in ORS 279C.800 to 279C.870, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of the Oregon Public Contracting Code or these regulations, or require additional conditions in public contracts not authorized by the Oregon Public Contracting Code or these regulations.
[Section 2.356 added by Ordinance No. 1651, passed February 22, 2005; amended by Ordinance No. 1747, passed September 4, 2012.]
Except as expressly delegated under these regulations, the city reserves to itself the exercise of all the duties and authority of a contract review board under state law, including but not limited to, the power and authority to:
(1) Solicitation methods applicable to contracts. Approve the use of contracting methods and exemptions from contracting methods for a specific contract or certain classes of contracts;
(2) Brand name specifications. Exempt the use of brand name specifications for public improvement contracts;
(3) Waiver of performance and payment bonds. Approve the partial or complete waiver of the requirements for the delivery of a performance or payment bond for construction of a public improvement, other than in cases of emergencies;
(4) Electronic advertisement of public improvement contracts. Authorize the use of electronic advertisements for public improvement contracts in lieu of publication in a newspaper of general circulation; and
(5) Appeals of debarment, prequalification decisions and public contracts exceeding $50,000. Hear properly filed appeals of the city manager's determination of debarment, concerning prequalification or public contracts greater than $50,000.
[Section 2.358 added by Ordinance No. 1651, passed February 22, 2005.]
The Model Rules adopted by the Attorney General under ORS 279A.065 are adopted as supplemental to this subchapter and the public contracting rules adopted by the city manager, and will apply only to the extent that they do not conflict with the contracting regulations adopted by the city and rules adopted by the city manager.
[Section 2.360 added by Ordinance No. 1651, passed February 22, 2005.]
(1) General authority. The city manager shall be the purchasing manager for the city, and is hereby authorized to award all city contracts for which there is an appropriation.
(a) Subject to the provisions of this subchapter, the city manager may adopt and amend all rules, regulations, procedures and forms required or permitted to be adopted by public contracting agencies under the Oregon Public Contracting Code or otherwise convenient for the city's contracting needs.
(b) Without limiting the generality of the foregoing, the city manager shall adopt public contracting rules for the award of personal services contracts and concession agreements, and shall hear all solicitation and award protests.
(2) Standards for contracting rules. When adopting public contracting rules, the city manager shall establish practices and procedures that:
(a) Do not encourage favoritism or substantially diminish competition;
(b) Allow the city to take advantage of the cost-saving benefits of alternative contracting methods and practices;
(c) Give preference to goods and services that have been manufactured or produced in the State of Oregon, if the price, fitness, availability and quality are otherwise equal; and
(d) Give preference to goods that are certified to be made from recycled products, when such goods are available, can be substituted for non-recycled products without a loss in quality, and the cost of goods made from recycled products is not significantly more than the cost of goods made from non-recycled products.
(3) Delegation of city manager's authority. Any of the responsibilities or authorities of the city manager under this subchapter may be delegated and sub-delegated by written directive of the city manager.
[Section 2.362 added by Ordinance No. 1651, passed February 22, 2005.]
Whenever the Oregon State Legislative Assembly enacts laws that cause the attorney general to modify its Model Rules, the city manager shall review the city public contracting regulations and recommend to the city council or adopt any modifications required to ensure compliance with statutory changes.
[Section 2.364 added by Ordinance No. 1651, passed February 22, 2005.]
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Award. The selection of a person to provide goods, services or public improvements under a public contract. The award of a contract is not binding on the city until the contract is executed and delivered by the city to such person.
Bid. A binding, sealed, written offer to provide goods, services or public improvements for a specified price or prices.
Concession agreement. A contract that authorizes and requires a private entity or individual to promote or sell, for its own business purposes, specified types of goods or services from real property owned or managed by the city, and under which the concessionaire makes payments to the city based, at least in part, on the concessionaire's revenues or sales. The term concession agreement does not include a mere rental agreement, license or lease for the use of premises.
Contract price. The total amount paid or to be paid under a contract, including any approved alternates, and any fully executed change orders or amendments.
Contract review board or local contract review board. The city council.
Cooperative procurement. A procurement conducted by or on behalf of one or more contracting agencies.
Debarment. A declaration by the city manager, under ORS 279B.130 or ORS 279C.440, that prohibits a potential contractor from competing for the city's public contracts for a prescribed period of time.
Disposal. Any arrangement for the transfer of property by the city under which the city relinquishes ownership.
Emergency. Circumstances that create a substantial risk of loss, damage or interruption of services, or a substantial threat to property, public health, welfare or safety; and require prompt execution of a contract to remedy the condition.
Energy savings performance contract. A contract with a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy conservation measures that guarantee energy savings or performance.
Findings. The statements of fact that provide justification for a determination. Findings may include, but are not limited to, information regarding operation, budget and financial data; public benefits; cost savings; competition in public contracts; quality and aesthetic considerations; value engineering; specialized expertise needed; public safety; market conditions; technical complexity; availability, performance and funding sources.
Goods. Any item or combination of supplies, equipment, materials or other personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto.
Informal solicitation. A solicitation made in accordance with the city public contracting regulations to a limited number of potential contractors, in which the city manager attempts to obtain at least three written quotes or proposals.
Invitation to bid. A publicly advertised request for competitive sealed bids.
Model Rules. The public contracting rules adopted by the attorney general under ORS 279A.065.
Offeror. A person who submits a bid, quote or proposal to enter into a public contract with the city.
Oregon Public Contracting Code. ORS chapters 279A, 279B and 279C.
Person. A natural person or any other private or governmental entity, having the legal capacity to enter into a binding contract.
Personal services contract. A contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communications skills or talents, unique and specialized knowledge, or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The city manager shall have discretion to determine whether additional types of services not specifically mentioned in this paragraph fit within the definition of personal services. Personal services contracts in the nature of consultant contracts for architect, photogrammetrist, transportation specialist, land surveyor or related services that exceed $100,000 are subject to the provisions of section 2.382.
Proposal. A binding offer to provide goods, services or public improvements, with the understanding that acceptance will depend on the evaluation of factors other than, or in addition to, price. A proposal may be made in response to a request for proposals or under an informal solicitation.
Public contract. A sale or other disposal, or a purchase, lease, rental or other acquisition, by the city of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement.
Public improvement. A project for construction, reconstruction or major renovation on real property by or for the city. Public improvement does not include:
(a) Projects for which no funds of the city are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or
(b) Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a public improvement.
Purchasing manager. The city manager, or a designee appointed by the city manager to exercise the authority of the purchasing manager under these public contracting regulations.
Qualified pool. A pool of vendors who are pre-qualified to compete for the award of contracts for certain types of contracts or to provide certain types of services.
Quote. A price offer made in response to an informal or qualified pool solicitation to provide goods, services or public improvements.
Request for proposals. A publicly advertised request for sealed competitive proposals.
Services. All types of services (including construction labor) other than personal services.
Solicitation. An invitation to one or more potential contractors to submit a bid, proposal, quote, statement of qualifications or letter of interest to the city with respect to a proposed project, procurement or other contracting opportunity. The word solicitation also refers to the process by which the city requests, receives and evaluates potential contractors and awards public contracts.
Solicitation agent. With respect to a particular solicitation, the city manager or a person designated by the city manager to conduct the solicitation and make an award.
Solicitation documents. All informational materials issued by the city for a solicitation, including but not limited to, advertisements, instructions, submission requirements and schedules, award criteria, contract terms and specifications, and all laws, regulations and documents incorporated by reference.
Standards of responsibility. The qualifications of eligibility for award of a public contract. An offeror meets the standards of responsibility, if the offeror has:
(a) Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the offeror to meet all contractual responsibilities;
(b) A satisfactory record of performance. The city manager shall document the record of performance of an offeror, if the city manager finds the offeror to be not responsible under this paragraph;
(c) A satisfactory record of integrity. The city manager shall document the record of integrity of an offeror, if the city manager finds the offeror to be not responsible under this paragraph;
(d) Qualified legally to contract with the city;
(e) Supplied all necessary information in connection with the inquiry concerning responsibility. If an offeror fails to promptly supply information requested by the city manager concerning responsibility, the city manager shall base the determination of responsibility upon any available information or may find the offeror non-responsible; and
(f) Not been debarred by the city and, in the case of public improvement contracts, has not been listed by the Construction Contractors Board as a contractor who is not qualified to hold a public improvement contract.
Surplus property. Personal property owned by the city that is no longer needed for use by the department to which it has been assigned.
[Section 2.366 added by Ordinance No. 1651, passed February 22, 2005; amended by Ordinance No. 1747, passed 9-4-2012.]
(1) Authority of the city council. In its capacity as the contract review board for the city, the city council, upon its own initiative or upon request of the city manager, may create special selection, evaluation and award procedures for, or may exempt from competition, the award of a specific contract or class of contracts, as provided in this section.
(2) Basis for approval. The approval of a special solicitation method or exemption from competition must be based upon a record before the city council that contains the following:
(a) The nature of the contract or class of contracts for which the special solicitation or exemption is requested;
(b) The estimated contract price or cost of the project, if relevant;
(c) Findings to support the substantial cost savings, enhancement in quality or performance or other public benefit anticipated by the proposed selection method or exemption from competitive solicitation;
(d) Findings to support the reason that approval of the request would be unlikely to encourage favoritism or diminish competition for the public contract or class of public contracts, or would otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the solicitation requirements that would otherwise be applicable under these regulations;
(e) A description of the proposed alternative contracting methods to be employed; and
(f) The estimated date by which it would be necessary to let the contract(s).
In making a determination regarding a special selection method, the city council may consider the type, cost, amount of the contract or class of contracts, number of persons available to make offers, and such other factors as it may deem appropriate.
(3) Hearing.
(a) The city shall approve the special solicitation or exemption after a public hearing before the city council, following notice by publication in at least one newspaper of general circulation in the city area.
(b) At the public hearing, the city shall offer an opportunity for any interested party to appear and present comment.
(c) The city council will consider the findings, and may approve the exemption as proposed or as modified by the city council, after providing an opportunity for public comment.
(4) Special requirements for public improvement contracts.
(a) Notification of the public hearing for exemption of a public improvement contract, or class of public improvement contracts, shall be published in a trade newspaper of general statewide circulation at least 14 days prior to the hearing.
(b) The notice shall state that the public hearing is for the purpose of taking comments on the city’s draft findings for an exemption from the standard solicitation method. At the time of the notice, copies of the draft findings shall be made available to the public.
(5) Commencement of solicitation prior to approval.
(a) A solicitation may be issued prior to the approval of a special exemption under this section, provided that the closing of the solicitation may not be earlier than five days after the date of the hearing at which the city council approved the exemption.
(b) If the city council fails to approve a requested exemption, or requires the use of a solicitation procedure other than the procedures described in the issued solicitation documents, the issued solicitation may either be modified by addendum, or cancelled.
[Section 2.368 added by Ordinance No. 1651, passed February 22, 2005; amended by Ordinance No. 1747, passed 9-4-2012.]
(1) When the city receives offers identical in price, fitness, availability and quality, and chooses to award a contract, the city shall award the contract based on preference for the bidder or proposer among those submitting identical offers who is offering good or services, or both, or personal services, that are manufactured, produced or to be performed in Oregon in the manner provided in OAR 137-046-0300.
(2) The city may, in solicitation documents for goods, services or personal services, add a specified percentage preference of not more than ten percent for goods fabricated or processed entirely in Oregon or services or personal services performed entirely in Oregon in the manner provided in ORS 291A.128 and OAR 137-046-0300(5).
[Section 2.369 added by Ordinance No, 1747, passed 9-4-2012.]
The following classes of public contracts, and the method(s) that are approved for the award of each class, are hereby established by the city council.
(1) Purchases from nonprofit agencies for disabled individuals. The city shall give a preference to goods, services and public improvements available from qualified nonprofit agencies for disabled individuals, in accordance with the provisions of ORS 279.835 through 279.850.
(2) Public improvement contracts.
(a) Any public improvement. Unless otherwise provided in these regulations or approved for a special exemption, public improvement contracts in any amount may be issued only under an invitation to bid.
(b) Non-transportation public improvements up to $100,000. Public improvement contracts, other than contracts for a highway, bridge or other transportation project, for which the estimated contract price does not exceed $100,000 may be awarded using an informal solicitation for quotes.
(c) Transportation public improvements up to $50,000. Contracts for which the estimated contract price does not exceed $50,000 for highways, bridges or other transportation projects may be awarded using an informal solicitation for quotes.
(d) City-funded privatelyconstructed public improvements. The city may contribute funding to a privately-constructed public improvement project, without subjecting the project to competitive solicitation requirements, if all of the following conditions are met with respect to the entire public improvement project:
(i) The city's contribution to the project may not exceed 25% of the total cost of the project;
(ii) The city must comply with all applicable laws concerning the reporting of the project to the Bureau of Labor and Industries as a public works project;
(iii) The general contractor for the project must agree, in writing, to comply with all applicable laws concerning reporting and payment of prevailing wages for the project;
(iv) The funds contributed to the project may not provide a pecuniary benefit to the owner of the development for which the project is being constructed, other than benefits that are shared by all members of the community;
(v) To protect the city against defective performance and claims for payment, the performance of the general contractor and the payment of labor for the project must be secured by performance and payment bonds, or other cash-equivalent security that is acceptable to the city manager; and
(vi) The contract for construction of the project must be amended, as necessary, to require the general contractor to maintain adequate workers compensation and liability insurance, and to protect and provide indemnification to the city for all claims for payment, injury or property damage arising from or related to the construction of the project.
(3) Personal services contracts other than personal services contracts for architect, photogrammetrist, transportation planner, land surveyor or related services that exceed $100,000.
(a) Any personal services contract. Personal services contracts in any amount may be awarded under a publicly advertised request for competitive sealed proposals.
(b) Personal service contracts not exceeding $150,000. Contracts for personal services for which the estimated contract price does not exceed $150,000 may be awarded using an informal solicitation for proposals.
(c) $75,000 award from a qualified pool. Contracts for personal services for which the estimated contract price does not exceed $75,000 may be awarded by direct appointment, without competition, from a qualified pool.
(d) Personal service contracts not exceeding $20,000 per year. Contracts for which the city manager estimates that payments will not exceed $20,000 in any fiscal year or $150,000 over the full term, including optional renewals, may be awarded under any method that the city manager deems is in the city's best interest, including by direct appointment.
(e) Personal service contracts for continuation of work. Contracts of not more than $150,000 for the continuation of work by a contractor, who performed preliminary studies, analysis or planning for the work under a prior contract, may be awarded without competition; if the prior contract was awarded under a competitive process, and the city manager determines that use of the original contractor will significantly reduce the costs of, or risks associated with, the work.
(f) Personal services contracts in the nature of contracts for architect, photogrammetrist, transportation planner, land surveyor or related services that exceed $100,000 are subject to the provisions of section 2.382.
(4) Contracts for goods and services.
(a) Any procurement. The procurement of goods or services, or goods and services in any amount may be made under either an invitation to bid or a request for proposals.
(b) Procurements up to $150,000. The procurement of goods or services, or goods and services, for which the estimated contract price does not exceed $150,000 may be made under an informal solicitation for either quotes or proposals.
(5) Contracts subject to award at the city manager's discretion. The following classes of contracts may be awarded in any manner that the city manager deems appropriate to the city's needs, including by direct appointment or purchase. Except where otherwise provided, the city manager shall make a record of the method of award.
(a) Advertising. Contracts for the placing of notice or advertisements in any medium.
(b) Amendments. Contract amendments shall not be considered to be separate contracts, if made in accordance with the public contracting regulations.
(c) Animals. Contracts for the purchase of animals.
(d) Contracts up to $5,000. Contracts of any type for which the contract price does not exceed $5,000 without a record of the method of award.
(e) Copyrighted materials; library materials. Contracts for the acquisition of materials entitled to copyright, including but not limited to, works of art and design, literature and music, or materials, even if not entitled to copyright, purchased for use as library lending materials.
(f) Equipment repair. Contracts for equipment repair or overhauling, provided the service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing.
(g) Government-regulated items. Contracts for the purchase of items for which prices or selection of suppliers are regulated by a governmental authority.
(h) Insurance. Insurance and service contracts, as provided for under ORS 414.115, 414.125, 414.135 and 414.145.
(i) Non-owned property. Contracts or arrangements for the sale or other disposal of abandoned property or other personal property not owned by the city.
(j) Sole source contracts. Contracts for goods or services that are available from a single source may be awarded without competition.
(k) Specialty goods for resale. Contracts for the purchase of specialty goods by the city for resale to consumers.
(l) Sponsor agreements. Sponsorship agreements, under which the city receives a gift or donation in exchange for recognition of the donor.
(m) Structures. Contracts for the disposal of structures located on city-owned property.
(n) Renewals. Contracts that are being renewed in accordance with their terms are not considered to be newly issued contracts, and are not subject to competitive procurement procedures.
(o) Temporary extensions or renewals. Contracts for a single period of one year or less, for the temporary extension or renewal of an expiring and non-renewable, or recently expired, contract, other than a contract for public improvements.
(p) Temporary use of city-owned property. The city may negotiate and enter into a license, permit or other contract for the temporary use of city-owned property without using a competitive selection process, if:
(i) The contract results from an unsolicited proposal to the city, based on the unique attributes of the property or the unique needs of the proposer;
(ii) The proposed use of the property is consistent with the city's use of the property and the public interest; and
(iii) The city reserves the right to terminate the contract without penalty, in the event that the city determines that the contract is no longer consistent with the city's present or planned use of the property, or the public interest.
(q) Used property. The city manager may contract for the purchase of used property by negotiation, if such property is suitable for the city's needs and can be purchased for a lower cost than substantially similar new property.
(i) For this purpose, the cost of used property shall be based upon the life-cycle cost of the property over the period for which the property will be used by the city.
(ii) The city manager shall record the findings that support the purchase.
(r) Utilities. Contracts for the purchase of steam, power, heat, water, telecommunications services and other utilities.
(6) Contracts required by emergency circumstances.
(a) In general. When the city manager determines that immediate execution of a contract within the city manager's authority is necessary to prevent substantial damage or injury to persons or property, the city manager may execute the contract without competitive selection and award or city council approval, but, where time permits, the city manager shall attempt to use competitive price and quality evaluation before selecting an emergency contractor.
(b) Reporting. If the city manger enters into an emergency contract, the city manager shall, as soon as possible, in light of the emergency circumstances:
(i) Document the nature of the emergency, the method used for selection of the particular contractor, and the reason why the selection method was deemed in the best interest of the city and the public; and
(ii) Notify the city council of the facts and circumstances surrounding the emergency execution of the contract.
(7) Federal purchasing program. Goods and services may be purchased without competitive procedures under a local government purchasing program administered by the United States General Services Administration ("GSA"), as provided in this subsection.
(a) The procurement must be in accordance with procedures established by the GSA for procurements by local governments, and under purchase orders or contracts submitted to and approved by the city manager.
(b) The price of the goods or services must be established under price agreements between the federally approved vendor and the GSA.
(c) The price of the goods or services must be less than the price at which such goods or services are available under state or local cooperative purchasing programs that are available to the city.
(d) If a single purchase of goods or services exceeds $150,000, the city manager must obtain informal written quotes or proposals from at least two additional vendors (if reasonably available) and find, in writing, that the goods or services offered by the GSA represent the best value for the city. This paragraph does not apply to the purchase of equipment manufactured or sold solely for military or law enforcement purposes.
(8) Cooperative procurement contracts. Cooperative procurements may be made without competitive solicitation, as provided in the Oregon Public Contracting Code, ORS 279A.180 through 279A.225.
(9) Surplus property.
(a) General methods. Upon a determination by the city manager that the method of disposal is in the best interest of the city, surplus property may be disposed of by any of the following methods. Factors that may be considered by the city manager include costs of sale, administrative costs, and public benefits to the city. The city manager shall maintain a record of the reason for the disposal method selected, and the manner of disposal, including the name of the person to whom the surplus property was transferred.
(i) Governments. Without competition, by transfer or sale to another city department or public agency.
(ii) Auction. By publicly advertised auction to the highest bidder.
(iii) Bids. By public advertised invitation to bid.
(iv) Liquidation sale. By liquidation sale using a commercially recognized third-party liquidator selected in accordance with rules for the award of personal services contracts.
(v) Fixed price sale. The city manager may establish a selling price, based upon an independent appraisal or published schedule of value generally accepted by the insurance industry, schedule and advertise a sale date, and sell to the first buyer meeting the sales terms.
(vi) Trade-in. By trade-in, in conjunction with the acquisition of other price-based items under a competitive solicitation. The solicitation shall require the offer to state the total value assigned to the surplus property to be traded.
(vii) Donation. By donation to any organization operating within, or providing a service to residents of, the city, which the Internal Revenue Service recognizes as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
(b) Disposal of property with minimal value.
(i) Surplus property with a value of less than $500, or for which the costs of sale are likely to exceed sales proceeds, may be disposed of by any means determined to be cost-effective, including by disposal as waste.
(ii) The city manager making the disposal shall make a record of the value of the item and the manner of disposal.
(c) Personal-use items.
(i) An item (or indivisible set) of specialized and personal use, other than police officers' handguns, with a current value of less than $100 may be sold to the employee or the retired or terminated employee for whose use it was purchased.
(ii) These items may be sold for fair market value, without bid, and by a process deemed most efficient by the city manager.
(d) Police officers' handguns.
(i) Upon honorable retirement from service with the city, a police officer may purchase the handgun that he or she was using at the time of retirement.
(ii) The purchase price shall be the fair market value of the handgun, as determined by an independent appraisal performed by a qualified weapons appraiser.
(iii) An officer electing to exercise this option shall notify the city at least 30 days prior to
his or her expected retirement date, and request an appraisal of the handgun.
(iv) Upon receipt of the appraisal fee from the officer, the city shall arrange for appraisal.
(v) A copy of the completed appraisal shall be provided to the officer, who shall have up to 30 days from the date of retirement to purchase the handgun for the appraised fair market value.
(e) Restriction on sale to city employees. City employees shall not be restricted from competing, as members of the public, for the purchase of publicly sold surplus property, but shall not be permitted to offer to purchase property to be sold to the first qualifying bidder, until at least three days after the first date on which notice of the sale is first publicly advertised.
(f) Conveyance to purchaser. Upon the consummation of a sale of surplus personal property, the city shall make, execute and deliver a bill of sale, signed on behalf of the city, conveying the property in question to the purchaser and delivering possession, or the right to take possession, of the property to the purchaser.
(10) Concession agreements.
(a) General. No part of a concession agreement shall contain or constitute a waiver of any generally applicable rules, code provisions or requirements of the city concerning regulation, registration, licensing, inspection, or permit requirements for any construction, rental or business activity.
(b) Classes of contracts eligible for award without competition. The following concession agreements may be awarded by any method deemed appropriate by the city manager, including without limitation, by direct appointment, private negotiation, from a qualified pool, or using a competitive process.
(i) Contracts under $5,000. Contracts under which the city manager estimates that receipts by the city will not exceed $5,000 in any fiscal year and $50,000 in the aggregate.
(ii) Single event concessions. Concessions to sell or promote food, beverages, merchandise or services at a single public event shall be awarded, based on any method determined by the city manager to provide a fair opportunity to all persons desiring to operate a concession, but in which the promotion of the public interest and success of the event shall be of predominant importance.
(c) Competitive award. Concession agreements solicited by the city for the use of designated public premises for a term greater than a single event shall be awarded as follows:
(i) Small concessions. For concession agreements for which the concessionaire's projected annual gross revenues are estimated to be $500,000 or less, the city manager has discretion to use either an informal solicitation or formal request for proposals process applicable to contracts for personal services. If the proposals received indicate a probability that the concessionaire's annual gross revenues will exceed $500,000, the city manager may, but shall not be required to, reissue the solicitation as a request for proposals.
(ii) Major concessions. Concession agreements for which the concessionaire's projected annual gross revenues under the contract are estimated to exceed $500,000 annually shall be awarded using a request for proposals.
[Section 2.370 added by Ordinance No. 1651, passed February 22, 2005; amended by Ordinance No, 1747, passed 9-4-2012.]
The city may use the following procedure for informal solicitations in lieu of the procedures set forth in the Model Rules.
(1) Informally solicited quotes and proposals.
(a) Solicitation of offers.
(i) When authorized by these regulations, an informal solicitation may be made by general or limited advertisement to a certain group of vendors, by direct inquiry to persons selected by the city manager, or in any other manner that the city manager deems suitable for obtaining competitive quotes or proposals.
(ii) The city manager shall deliver, or otherwise make available, to potential offerors a written scope of work, a description of how quotes or proposals are to be submitted, and a description of the criteria for award.
(b) Award.
(i) The city manager shall attempt to obtain a minimum of three written quotes or proposals before making an award.
(ii) If the award is made solely on the basis of price, the city manager shall award the contract to the responsible offeror that submits the lowest responsive quote.
(iii) If the award is based on criteria other than, or in addition to, price, the city manager shall award the contract to the responsible offeror that will best serve the interest of the city, based on the criteria for award.
(c) Records.
(i) A written record of all persons solicited and offers received shall be maintained.
(ii) If three offers cannot be obtained, a lesser number will suffice, provided that a written record is made of the effort to obtain the quotes.
(2) Qualified pools.
(a) General. To create a qualified pool, the city manager may invite prospective contractors to submit their qualifications to the city for inclusion as participants in a pool of contractors qualified to provide certain types of goods, services or projects, including personal services and public improvements.
(b) Advertisement.
(i) The invitation to participate in a qualified pool shall be advertised, in the manner provided for advertisements of invitations to bid and requests for proposals, by publication, in at least one newspaper of general statewide circulation.
(ii) If qualification will be for a term that exceeds one year or allows open entry on a continuous basis, the invitation to participate in the pool must be re-published at least once per year, and shall be posted at the city's main office and on its website.
(c) Contents of solicitation. Requests for participation in a qualified pool shall describe the scope of goods or services or projects for which the pool will be maintained, and the minimum qualifications for participation in the pool, which may include, but shall not be limited to, qualifications related to financial stability, contracts with manufacturers or distributors, certification as an emerging small business, insurance, licensure, education, training, experience and demonstrated skills of key personnel, access to equipment, and other relevant qualifications that are important to the contracting needs of the city.
(d) Contract.
(i) The operation of each qualified pool may be governed by the provisions of a pool contract to which the city and all pool participants are parties.
(ii) The contract shall contain all terms required by the city, including, without limitation, terms related to price, performance, business registration or licensure, continuing education, insurance, and requirements for the submission, on an annual or other periodic basis, of evidence of continuing qualification.
(iii) The qualified pool contract shall describe the selection procedures that the city may use to issue contract job orders.
(iv) The selection procedures shall be objective and open to all pool participants, affording them the opportunity to compete for or receive job awards.
(v) Unless expressly provided in the contract, participation in a qualified pool does not entitle a participant to the award of any city contracts.
(e) Use of qualified pools. Subject to the provisions of these regulations concerning methods of solicitation for classes of contracts, the city manager shall award all contracts for goods or services of the type for which a qualified pool is created from among the pool's participants, unless the city manager determines that the best interests of the city require solicitation by public advertisement, in which case, pool participants shall be notified of the solicitation and invited to submit competitive proposals.
(f) Amendment and termination. The city manager may discontinue a qualified pool at any time, or may change the requirements for eligibility as a participant in the pool at any time, by giving notice to all participants in the qualified pool.
(g) Protest of failure to qualify. The city manager shall notify any applicant who fails to qualify for participation in a pool that it may appeal a qualified pool decision to the city council, in the manner described in section 2.378.
(h) This section does not apply to consultant contracts in the nature of contracts for architect, photogrammertrist, transportation planner, land surveyor or related services that exceed $100,000, which are subject to the provisions of section 2.382.
[Section 2.372 added by Ordinance No. 1651, passed February 22, 2005; amended by Ordinance No. 1747, passed 9-4-2012.]
(1) In general. Specifications for contracts shall not expressly or implicitly require any product by one brand name or mark, nor the product of one particular manufacturer or seller, except for the following reasons:
(a) It is unlikely that such exemption will encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts; or
(b) The specification of a product by brand name or mark, or the product of a particular manufacturer or seller, would result in substantial cost savings to the city; or
(c) There is only one manufacturer or seller of the product of the quality required; or
(d) Efficient utilization of existing equipment, systems or supplies requires the acquisition of compatible equipment or supplies.
(2) Authority of city manager. The city manager shall have authority to determine whether an exemption for the use of a specific brand name specification shall be granted, by recording findings that support the exemption based on the provisions of section 2.368(5).
(3) Brand name or equivalent. Nothing in this section prohibits the city from using a “brand name or equivalent” specification, from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the city, or from establishing a qualified product list.
[Section 2.374 added by Ordinance No. 1651, passed February 22, 2005; amended by Ordinance No, 1747, passed 9-4-2012.]
(1) City manager may require bonds. The city manager may require bid security and a good and sufficient performance and payment bond, even though the contract is of a class that is exempt from the requirement.
(2) Bid security. The city manager shall determine whether, and in what amount, bid security for all public contracts shall be required, except for public improvement contacts for which bid security shall be governed by ORS 279C.
(3) Performance bonds.
(a) General. Except as provided in these regulations or, in the case of public improvement contracts, unless the city manager requires otherwise, all public contracts are exempt from the requirement for the furnishing of a performance bond.
(b) Cash-in-lieu. The city manager may permit the successful offeror to submit a cashier's check or certified check in lieu of all or a portion of the required performance bond.
(4) Payment bonds.
(a) General. Except as provided in these regulations, or otherwise required by the city manager, all public contracts, other than public improvement contracts, are exempt from the requirement of a payment bond.
(5) Surety; obligation.
(a) Each performance bond and each payment bond must be executed by a surety company or companies holding a certificate of authority to transact surety business in Oregon.
(b) The bonds may not constitute the surety obligation of an individual or individuals.
(c) The performance and payment bonds must be payable to the city, or to the public agency or agencies for whose benefit the bond is issued, as specified in the solicitation documents, and shall be in a form approved by the city manager.
(6) Emergencies. In cases of emergency, or when the interest or property of the city probably would suffer material injury by delay or other cause, the requirement of furnishing a good and sufficient performance bond and a good and sufficient payment bond for the faithful performance of any public contract may be excused by the city manager, if a declaration of such emergency is made in accordance with the provisions of section 2.370(6), unless the city requires otherwise.
[Section 2.376 added by Ordinance No. 1651, passed February 22, 2005; amended by Ordinance No. 1747, passed 9-4-2012.]
(1) Right of appeal. Any person who has been debarred from competing for city contracts, or for whom prequalification has been denied, revoked or revised, or is a part to a city manager's decision on a public contract greater than $50,000, may appeal the city manager's decision to the city council, as provided in this section.
(2) Filing of appeal. The person must file a written notice of appeal with the city manager, within three business days after the prospective contractor's receipt of notice of the determination of debarment, denial of prequalification, or the city manager's decision regarding a public contract greater than $50,000.
(3) Notification of city council. Immediately upon receipt of such notice of appeal, the city manager shall notify the city council of the appeal.
(4) Hearing. The procedure for an appeal under this section shall be as follows:
(a) Promptly upon receipt of notice of appeal, the city manager shall notify the appellant of the time and place of the hearing.
(b) The city council shall conduct the hearing and decide the appeal within 30 days after receiving notice of the appeal from the city manager.
(c) At the hearing, the city council shall consider de novo:
(i) The notice of debarment, notice of denial, revocation or revision of prequalification, or the city manager's decision on a public contract greater than $50,000;
(ii) The standards of responsibility upon which the decision on prequalification was based;
(iii) The reasons listed for debarment, the reasons for the city manager's decision on the public contract; and
(iv) Any evidence provided by the parties.
(5) Decision. The city council shall set forth in writing the reasons for the decision.
(6) Costs.
(a) The city council may allocate the city council's costs for the hearing between the appellant and the city.
(b) The allocation shall be based upon facts found by the city council and stated in the city council's decision that, in its opinion, warrant such allocation of costs.
(c) If the city council does not allocate costs, the costs shall be paid by the appellant, if the decision is upheld, or by the city, if the decision is overturned.
(7) Judicial review. A decision of the city council may be reviewed only upon a petition in the Circuit Court of Polk County filed within 15 days after the date of the city council's decision.
(8) This section does not apply to consultant contracts in the nature of contracts for architect, photogrammetrist, transportation planner, land surveyor or related services that exceed $100,000, which are subject to the provisions of section 2.382.
[Section 2.378 added by Ordinance No. 1651, passed February 22, 2005; amended by Ordinance No. 1747, passed 9-4-2012.]
Except as otherwise provided in these public contract regulations or in public contracting rules adopted by the city manager, public improvements and related contracts shall be subject to the provisions of ORS279C and governed by the attorney general's Model Rules.
[Section 2.380 added by Ordinance No. 1651, passed February 22, 2005.]
(1) Consultant contracts for architect, photogrammetrist, transportation planner, land surveyor or related services that exceed $100,000 shall be governed by the provisions of ORS 279C and by the attorney general's Model Rules.
(2) For the purposes of this section:
(a) "Architect" means a person who is registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided under ORS 671.010 to 671.220.
(b) "Consultant" means an architect, engineer, photogrommetrist, transportation planner, land surveyor or provider of related services. A consultant includes a business entity that employs architects, engineers, photogrommetrists, transportation planners, land surveyors or providers of related services, or any combination of the foregoing; provided, that with respect to a contract entered into under section 2.382, the consultant must be an architect, engineer, photogrommetrist, transportation planner or land surveyor.
(c) "Land surveyor" means a person who is registered and holds a valid certificate in the practice of land surveying in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002(5).
(d) "Photogrammetrist" means a person who performs photgrammetric mapping within the meaning of ORS 672.002.
(e) "Related services" means personal services, other than architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvement projects, including but not limited to landscape architectural services, facilities planning services, energy planning services, space planning services, hazardous substances or hazardous waste or toxic substances testing services, cost estimating services, appraisal services, commissioning services, project management services, construction management services and owner's representation services or land-use planning services.
(f) "Transportation planner" means a person who provides transportation planning services, as defined in ORS 279C.100 for project-specific transportation planning involved in the preparation of categorical exclusions, environmental assessments, environmental impact statements and other documents required for compliance with the National Environmental Policy Act, 42 U.S.C. 4321, et seq.
[Section 2.382 added by Ordinance No, 1747, passed 9-4-2012.]
PLANNING COMMISSION
There is hereby continued a city planning commission (hereinafter referred to as the commission) for the city of Dallas.
The commission shall consist of seven members appointed by the council, not more than two of whom may be city officers serving as ex officio, nonvoting members. The commission members shall be residents of the city. The commission members shall receive no compensation, but shall be reimbursed for expenses authorized by the council.
No more than two voting members of the commission shall be engaged principally in the buying, selling, or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that is engaged principally in the buying, selling, or developing of real estate for profit. No more than two voting members shall be engaged in the same kind of business, trade, occupation, or profession.
(1) The term of office for each member is four years. Members in office at the time this code takes effect shall continue in office until the expiration of their regular appointments.
(2) At the first meeting of the commission, the members shall choose their term of office by lot as follows: One for one year; two for two years; two for three years; and two for four years. The members shall immediately notify the council in writing of the allotment. Their successors shall hold office for four years. A vacancy shall be filled by the council for the unexpired term of the predecessor in the office. A member of the commission may be removed by the council, after hearing, for misconduct or nonperformance of duty.
(1) At its first meeting of each year, the commission shall elect a president and vice-president, who shall hold office at the pleasure of the commission, subject to the expiration of the term of such officer as a member of the commission and subject to such member's removal from the commission by the council.
(2) At its first meeting of each year, the commission shall elect a secretary, who need not be a member of the commission. The secretary shall keep an accurate record of all commission proceedings.
A majority of the membersof the commission shall constitute a quorum, and a majority of a quorum may transact business. The commission may make and alter rules and regulations for its government and procedure consistent with the laws of this state and with the city charter and ordinances. An office or headquarters shall be assigned to it by the council for the transaction of its business and the keeping of its records. Meetings shall be held only when there is business to transact. Procedures of the commission shall be governed by Roberts Rules of Order.
A member of thecommission shall not participate in any commission proceeding or action in which any of the following has a direct or substantial financial interest: The member or the spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the meeting of the commission where the action is being taken.