(A) Adoption of Contract Review Board rules.
(1) The city hereby adopts by reference and incorporates herein as if fully set forth, O.R.S. Chapters 279A, 279B, and 279C and the following Oregon Administrative Rules in effect on this date and as may be amended from time to time, subject to the exclusions therefrom and amendments thereto as hereafter set forth in this section, as the Public Contract Review Board rules and regulations for the city:
(a) OAR Chapter 137, Divisions 30, and 40; and
(b) OAR Chapter 125, Divisions 300, 310, 320, and 360.
(2) The above rules prescribe public contract regulations and exemptions for the city and shall be interpreted as reasonably necessary to serve as the public contract review rules for the city.
(3) The city shall generally be considered to be the public agency, public contracting agency, or public contract review authority mentioned therein as the context requires.
(B) Adoption of Contract Review Board rules. The city periodically requires the services of a consulting individual or firm to accomplish all or part of a project. It is the policy of the city to select as expeditiously as possible the best qualified consultant available. Divisions (D), (E), (F), and (G) below set forth the rules and regulations to be followed by the city during screening and selection for personal service contracts. These rules and regulations will be adhered to in all cases except when the City Council determines that an emergency exists which requires immediate action.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSULTANT. An individual or firm that has been found qualified to do specified types of work for the City of Sublimity.
PERSONAL SERVICES CONTRACT. Contracts for services performed as an independent contractor in a professional capacity, services as a consultant, or specialized services.
(D) Formal selection procedure. This procedure will be used whenever professional services of the type governed by this rule are required and the estimated fee to the consultant exceeds an amount that shall be determined by the City Council. Exceptions to this procedure are specified in division (E) below. The City Council may on smaller projects elect to use the formal selection procedure whenever it determines that it would be prudent and advantageous to do so:
(1) Announcement. The City Council will make at least one public announcement of its need for personal services in an appropriate trade periodical or newspaper of general circulation. The announcement shall describe the proposed project, the scope of the services required, project completion dates, and describe any special requirements. The announcement shall invite qualified prospective contractors to indicate to the city their interest in performing the services required. The announcement will specify a closing date by which the statement must be received by the city and the city’s address;
(2) Application. Prospective contractors must submit a statement which describes their capabilities, credentials, and performance data sufficient to establish their qualification for the project;
(3) Initial screening. The City Council shall evaluate the qualifications of all applicants responding to the announcement by the closing date, and select from among the respondents a minimum of three prospective contractors whose statements evidence the highest level of qualification. Should fewer than three statements be received, then each prospective contractor submitting a statement which meets the city’s minimum qualifications will be interviewed; and
(4) The final selection procedure.
(a) Interviews. The City Council will hold discussions with the three finalists selected from initial screening. Applicant capability, experience, and compensation requirements shall determine the City Council’s final selection; and
(b) Award of contracts. The City Council shall make the final selection, and award contracts to consultants.
(E) Informal selection procedure.
(1) This procedure may be used when the estimated fee to the consultant does not exceed an amount that shall be determined by the City Council; or at the City Council’s discretion, when the project consists of work which has been substantially described, planned, or otherwise previously studied or rendered in an earlier city contract or that of another state agency, provided that the original selection procedure used for the project was a formal procedure. This procedure shall not be used when the estimated fee to a consultant firm exceeds such determined amount, except by specific written approval of the City Council; and
(2) Selection. The city will contact a minimum of three prospective contractors with which it has had previous successful experience or which are known by the city to be qualified to offer the sought-after services. A projected fee will be requested and a selection made by the City Council based upon the consultant’s capability experience, project approach, and compensation requirements.
(F) Emergency appointment procedure. Nothing in this section shall prohibit or otherwise limit the city’s right to make direct consultant appointments when conditions require a prompt action to protect life or property. In such instance, the recommended appointment and a written description of the conditions requiring the use of this appointment procedure shall be submitted by the mayor to the City Council for action. The City Council will determine if an emergency exists, declare the emergency and, when appropriate, approve the appointment.
(G) Personal service contract files. The City Council will maintain a file on the selection process for all personal services contracts for whichever is longer, 10 years after either awarding the contract or the service under the contract terminates, which will include:
(1) The method and copy of announcement;
(2) The names of firms/individuals and cost estimates considered;
(3) A justification of need for the contract;
(4) The basis for selection;
(5) Rationale by which rates were established;
(6) How reasonableness of price was determined; and
(7) A copy of the resulting contract.
(Ord. 345, passed 3-9-1992; Ord. 345A, passed 5-8-2000)