All public contracts shall be based upon competitive bidding except:
(A) Public agencies. Contracts made with, or the cost of which is provided by, other public agencies or the federal government, provided the item can be obtained at a lower total cost than if it were procured from a private entity.
(B) Nonprofit agencies. Contracts made with qualified nonprofit agencies providing employment opportunities for disabled persons.
(C) Contracts for supplies. Contracts for products, services or supplies if the value of the contract is less than $5,000. Said contracts may be procured by direct purchase.
(D) Insurance. Insurance and service contracts as provided for under O.R.S. 414.115, 414.125, 414.135 and 414.145.
(E) Existing contracts with other public agencies. Contracts between public agencies utilizing an existing solicitation or current requirements contract of one of the public agencies that is party to the contract for which:
(1) The original contract met the requirements of this subchapter;
(2) The contract allows other public agency usage of the contract; and
(3) The original contracting public agency concurs.
(F) Emergency.
(1) Contracts requiring prompt execution due to any emergency. The Council shall adopt a resolution indicating:
(a) The existence of the emergency that could not have been reasonably foreseen;
(b) Which creates a substantial risk of loss, damage, interruption of services, threat to the public health or safety or other circumstances; and
(c) Requires prompt execution of a contract to remedy the condition. The resolution shall state with specificity the emergency conditions necessitating the prompt execution of the contract.
(2) The Mayor may act in place of the Council, should conditions dictate immediate action and the Mayor shall notify the Council as soon as reasonably possible for their ratification of his/her actions.
(3) Any contract award under this exemption shall be awarded within 60 days following declaration of the emergency conditions necessitating prompt execution of the contract.
(G) Personal services contracts. The following are personal services contracts are exempt from competitive bidding by the Council:
(1) Contracts for services performed as an independent contractor in a professional capacity, including but not limited to the services of an accountant, attorney, architectural or land use planning consultant, consultant, physician or dentist, registered professional engineer, fire chief, information technology consultant, forester, appraiser, surveyor, passenger aircraft pilot, photographer, timber cruiser, data processing consultant, broadcaster or other person with specialized skills, knowledge, education and resources;
(2) Contracts for services as an artist in the performing of fine arts, including but not limited to persons identified as photographer, film maker, painter, weaver or sculptor;
(3) Contracts for services of a specialized, creative, research oriented or of a non-commercial nature;
(4) Contracts for services as a consultant;
(5) Contracts for educational services;
(6) Such other contracts or classes of service contracts as the Council by resolution designates.
(H) Personal services procurement.
(1) (a) The Council may procure personal services directly; or
(b) May solicit personal services by requesting requests for proposals or requests for qualifications, sent to persons identified by the Council as persons with the requisite knowledge, experience and/or expertise desired by the city. Any request for proposal shall describe a summary of the services sought and the deadline for submitting a proposal. The city may, at any time, reject any or all proposals or cancel the solicitation without liability for any reason. All proposals submitted shall be solely at the expense of the proposer.
(2) The city may continue or extend existing personal services contracts, including changes in scope of work and payment, thereto, without requesting other bids, qualifications or proposals.
(3) The city may procure personal services directly through negotiation if the contract price is not more than $75,000.
(4) Any personal services contract required due to emergency circumstances may be obtained without a formal or informal solicitation process.
(5) Any person hired under a personal services contract shall not result in an employee relationship. If the nature of the services or project is such that an employee/employer relationship will exist, then the city must hire the person through the normal personnel hiring procedures. The person shall be solely responsible for their own social security, state and federal taxes, any unemployment compensation and any other payment required.
(Ord. 10-413, passed 12-15-2010)