All words and phrases not defined in this section shall have the meanings ascribed to them in the Public Contracting Code or the model rules adopted by the state’s Attorney General thereunder (“model rules”). For the purpose of this chapter, 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.
   BID. A binding, sealed, written offer to provide goods, services or public improvements for a specified price or prices.
   CITY. The City of Joseph, Oregon.
   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 uses 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 Joseph City Council; referred to herein as City Council.
   CONTRACTING AGENCY. The City Recorder, Public Works Director, Librarian or Fire Chief.
   COOPERATIVE PROCUREMENT. A procurement conducted by or on behalf of one or more contracting agencies.
   DEBARMENT. A declaration by the City Council under ORS 279B.130 or ORS 279C440 that prohibits a potential contractor from competing for the city’s public contracts for a specified period of time.
   DEPARTMENT HEAD. A head of a city department, which presently includes the Director of Public Works, head of the Department of Public Works; Recorder, head of the Department of Administration; Librarian, head of the Library Department and Fire Chief, head of the Volunteer Fire Department.
   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.
   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.
   FORMAL QUOTE. Procedure pursuant to which written offers are solicited by advertising of other writing stating the quantity and quality of goods or services to be acquired, and which offers are received by the contracting agency on or before a stated date.
   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’s public contracting regulations to a limited number of potential contractors, in which the solicitation agent 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.
   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 communication 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 licenses professionals, artists, designers, computer programmers, performers, consultants and property managers. The department head or City Council shall have discretion to determine whether additional types of services not specifically mentioned in this definition fit within the definition of “personal services”.
   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:
      (1)   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
      (2)   Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a public improvement.
   PURCHASING MANAGER. The department head appointed by the City Council to exercise the authority of the purchasing manager under these public contracting regulations in the amount of $15,000 or less.
   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.
      (1)   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.
      (2)   The word SOLICITATION also refers to the process by which the city requests, receives and evaluates potential contractors and awards public contracts.
   STANDARDS OF RESPONSIBILITY. The qualifications of eligibility for award of a public contract. An offeror meets the STANDARDS OF RESPONSIBILITY if the offeror has:
      (1)   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;
      (2)   A satisfactory record of performance. The department head shall document the record of performance of an offeror if the department head finds the offeror to be not responsible under this definition;
      (3)   A satisfactory record of integrity. The solicitation agent shall document the record of integrity of an offeror if the department head finds the offeror to be not responsible under this division;
      (4)   Qualified legally to contract with the city and perform the contract;
      (5)   Supplied all necessary information in connection with the inquiry concerning responsibility. If an offeror fails to promptly supply information requested by the department head concerning responsibility, the department head shall base the determination of responsibility upon any available information or may find the offeror non-responsible; and
      (6)   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 which is no longer needed for use by the department to which such property has been assigned.
(Ord. 2010-01, passed 7-1-2010)