§ 31.03  PUBLIC CONTRACTS FOR GOODS AND SERVICES.
   This section applies to public contracts, including lease-purchase contracts, that are not contracts for public improvements or contracts for personal services. A public contract shall not be artificially divided or fragmented to qualify for a different award procedure than that provided by this section.
   (A)   Generally. The following classes of public contracts and respective award procedures are created:
      (1)   Public contracts valued at less than $5,000: A public contract for an amount which is valued at less than $5,000 shall be awarded by the Contracting Agency based on informal quotes. Amendments to public contracts under this section may not cause the contract price to exceed $6,000.
      (2)   Public contracts valued above $5,000 but less than $25,000:  A public contract for an amount which is valued above $5,000 but less than $25,000, shall be awarded by the City Council based on formal quotes. Amendments to public contracts under this section may not cause the contract price to exceed an amount that is greater than 25% of the original contract price.
      (3)   Public contracts at or above $25,000:  A public contract for an amount which is valued at $25,000 or more shall be awarded by the City Council based on competitive sealed bidding or competitive sealed proposals pursuant to the Public Contracting Code.
   (B)   Exemptions.  The requirements of division (A) do not apply to the following classes of public contracts:
      (1)   Sole source procurements pursuant to O.R.S. 279B.075.
      (2)   Emergency procurements pursuant to O.R.S. 279B.080.
      (3)   Purchases through federal programs pursuant to O.R.S. 279A.180.
      (4)   Contracts for products or supplies under $5,000.
      (5)   Contracts for the purchase or commissioning of works of art.
      (6)   Amendments to contracts exceeding the limits in division (A) above if the City Council determines that it is not reasonably feasible to require additional competitive procurement to complete the purpose of the contract; otherwise the Council shall direct additional competitive procurement and the competitive procurement procedure required for the amendment.
      (7)   By resolution, the City Council may exempt other public contracts or classes of public contracts from the requirements of division (A) pursuant to O.R.S. 279B.085.
      (8)   Contracts for information technology such as hardware, software, upgrades, maintenance and training.
(Ord 252, passed 1-7-2010)