The following classes of public contracts and the method(s) that are approved for the award of each of the classes are hereby established by the City Council.
(A) 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 O.R.S. 279.835 through 279.850.
(B) Public improvement contracts.
(1) 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;
(2) Non-transportation public improvements. Public improvement contracts other than contracts for a highway, bridge, or other transportation project for which the estimated contract price does not exceed an amount that shall be determined by the City Council may be awarded using an informal solicitation for quotes; and
(3) Transportation public improvements. Contracts for which the estimated contract price does not exceed an amount that shall be determined by the City Council for highways, bridges, or other transportation projects may be awarded using an informal solicitation for quotes.
(C) Personal services contracts.
(1) Any personal services contract. Personal services contracts in any amount may be awarded under a publicly advertised request for competitive sealed proposals.
(2) Personal sendee contracts; informal amounts. Contracts for personal services for which the estimated contract price does not exceed an amount that shall be determined by the City Council may be awarded using an informal solicitation for proposals.
(3) Award from qualified pool. Contracts for personal services for which the estimated contract price does not exceed an amount that shall be determined by the City Council may be awarded by direct appointment without competition from a qualified pool.
(4) Personal service contracts; city’s best interest. Contracts for which the solicitation agent estimates that payments will not exceed an amount that shall be determined by the City Council in any fiscal year or another amount that shall be determined by the City Council over the full term, including optional renewals, may be awarded under any method deemed in the city’s best interest by the solicitation agent, including by direct appointment.
(5) Personal service contracts for continuation of work. Contracts of not more than an amount that shall be determined by the City Council 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 solicitation agent determines that use of the original contractor will significantly reduce the costs of, or risks associated with, the work.
(D) Hybrid contracts. The following classes of contracts include elements of construction of public improvements as well as personal services and may be awarded under a request for proposals, unless exempt from competitive solicitation.
(1) Design/build and CM/GC contracts.
(a) Contracts for the construction of public improvements using a design/build or construction manager/general contractor construction method shall be awarded under a request for proposals.
(b) The determination to construct a project using a design/build or construction manager/general contractor construction method must be approved by the City Council or designee, upon application of the solicitation agent, in which the solicitation agent submits facts that support a finding that the construction of the improvement under the proposed method is likely to result in cost savings, higher quality, reduced errors, or other benefits to the city.
(2) Energy savings performance contracts. Unless the contract qualifies for award under another classification in this section, contractors for energy savings performance contracts shall be selected under a request for proposals in accordance with the city’s public contracting regulations.
(E) Contracts for goods and services.
(1) 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.
(2) Procurements. The procurement of goods or services, or goods and services, for which the estimated contract price does not exceed an amount that shall be determined by the City Council may be made under an informal solicitation for either quotes or proposals.
(F) Contracts subject to award at solicitation agent’s discretion. The following classes of contracts may be awarded in any manner which the solicitation agent deems appropriate to the city’s needs, including by direct appointment or purchase. Except where otherwise provided the solicitation agent shall make a record of the method of award:
(1) Advertising. Contracts for the placing of notice or advertisements in any medium;
(2) Amendments. Contract amendments shall not be considered to be separate contracts if made in accordance with the public contracting regulations;
(3) Animals. Contracts for the purchase of animals;
(4) Contracts. Contracts of any type for which the contract price does not exceed an amount that shall be determined by the City Council without a record of the method of award;
(5) 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;
(6) 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;
(7) Government regulated items. Contracts for the purchase of items for which prices or selection of suppliers are regulated by a governmental authority;
(8) Insurance. Insurance and service contracts as provided for under O.R.S. 414.115, 414.125, 414.135, and 414.145;
(9) Non-owned property. Contracts or arrangements for the sale or other disposal of abandoned property or other personal property not owned by the city;
(10) Sole source contracts. Contracts for goods or services which are available from a single source may be awarded without competition;
(11) Specialty goods for resale. Contracts for the purchase of specialty goods by the city for resale to consumers;
(12) Sponsor agreements. Sponsorship agreements, under which the city receives a gift or donation in exchange for recognition of the donor;
(13) Structures. Contracts for the disposal of structures located on city-owned property;
(14) 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;
(15) 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;
(16) 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:
(a) 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;
(b) The proposed use of the property is consistent with the city’s use of the property and the public interest; and
(c) The city reserves the right to terminate the contract without penalty, if 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.
(17) Used property. A solicitation agent, for procurements up to an amount that shall be determined by the City Council, and the City Council, for procurements in excess of such determined amount 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 similarly new property. For this purpose thee 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. The City Council shall record the findings that support the purchase; and
(18) Utilities. Contracts for the purchase of steam, power, heat, water, telecommunications services, and other utilities.
(G) Contracts required by emergency circumstances.
(1) In general. When an official with authority to enter into a contract on behalf of the city determines that immediate execution of a contract within the official’s authority is necessary to prevent substantial damage or injury to persons or property, the official may execute the contract without competitive selection and award or the City Council’s approval, but, where time permits, the official shall attempt to use competitive price and quality evaluation before selecting an emergency contractor.
(2) Reporting. An official who enters into an emergency contract shall, as soon as possible, in light of the emergency circumstances:
(a) 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
(b) Notify the City Council of the facts and circumstances surrounding the emergency execution of the contract.
(3) Emergency public improvement contracts. A public improvement contract may only be awarded under emergency circumstances if the City Council has made a written declaration of emergency. Any public improvement contract award under emergency conditions must be awarded within 60 days following the declaration of an emergency unless the City Council grants an extension of the emergency period. Where the time delay needed to obtain a payment or performance bond for the contract could result in injury or substantial property damage, the City Council may waive the requirement for all or a portion of required performance and payment bonds.
(H) Federal purchasing programs. 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 division (H).
(1) The procurement must be made in accordance with procedures established by GSA for procurements by local governments, and under purchase orders or contracts submitted to and approved by the City Council. The solicitation agent shall provide the City Council with a copy of the letter, memorandum, or other documentation from GSA establishing permission to the city to purchase under the federal program.
(2) The price of the goods or services must be established under price agreements between the federally approved vendor and GSA.
(3) 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.
(4) If a single purchase of goods or services exceeds an amount that shall be determined by the City Council, the solicitation agent 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 GSA represent the best value for the city. This division (H)(4) does not apply to the purchase of equipment manufactured or sold solely for military or law enforcement purposes.
(I) Cooperative procurement contracts. Cooperative procurements may be made without competitive solicitation as provided in the Oregon Public Contracting Code, being O.R.S. 279A, 279B, and 279C.
(J) Surplus property.
(1) General methods. Surplus property may be disposed of by any of the following methods upon a determination by the solicitation agent that the method of disposal is in the best interest of the city. Factors that may be considered by the solicitation agent include costs of sale, administrative costs, and public benefits to the city. The solicitation agent 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:
(a) Governments. Without competition, by transfer or sale to another governmental department or public agency;
(b) Auction. By publicly advertised auction to the highest bidder;
(c) Bids. By public advertised invitation to bid;
(d) Liquidation sale. By liquidation sale using a commercially recognized third-party liquidator selected in accordance with rules for the award of personal services contracts;
(e) Fixed price sale. The solicitation agent may establish a selling price based upon an independent appraisal or published schedule of values generally accepted by the insurance industry, schedule and advertise a sale date, and sell to the first buyer meeting the sales terms;
(f) Trade-in. By trade-in, in conjunction with 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; and
(g) Donation. By donation to any organization operating within or providing a service to residents of the city which is recognized by the Internal Revenue Service as an organization described in § 501(c)(3) of the Internal Revenue Code of 1986, as amended.
(2) Disposal of property with minimal value. Surplus property which has a value of less than an amount that shall be determined by the City Council, or for which the costs of sale are likely to exceed sale proceeds may be disposed of by any means determined to be cost-effective, including by disposal as waste. The official making the disposal shall make a record of the value of the item and the manner of disposal.
(3) Personal use items. An item (or indivisible set) of specialized and personal use, other than law enforcement officer’s handguns, with a current value of less than an amount that shall be determined by the City Council may be sold to the employee or retired or terminated employee for whose use it was purchased. These items may be sold for fair market value without bid and by a process deemed most efficient by the City Council.
(4) Law enforcement officers’ handguns. Upon honorable retirement from service with the city, a law enforcement officer may purchase the handgun that she or he was using at the time of retirement. The purchase price shall be the fair market value of the handgun as determined by an independent appraisal performed by a qualified weapons appraiser. 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. Upon receipt of the appraisal fee from the officer the city shall arrange for the appraisal. 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.
(5) 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.
(6) 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.
(K) Concession agreements.
(1) 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.
(2) Classes of contracts eligible for award without competition. The following concession agreements may be awarded by any method deemed appropriate by the solicitation agent, including without limitation, by direct appointment, private negotiation, from a qualified pool, or using a competitive process:
(a) Contracts. Contracts under which the solicitation agent estimates that receipts by the city will not exceed an amount that shall be determined by the City Council in any fiscal year and another amount that shall be determined by the City Council in the aggregate; and
(b) 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 Council 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.
(3) 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:
(a) Small concessions. For concession agreements for which the concessionaire’s projected annual gross revenues are estimated to be an amount that shall be determined by the City Council or less, the City Council 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 such determined amount, the solicitation agent may, but shall not be required to, reissue the solicitation as a request for proposals; and
(b) Major concessions. Concession agreements for which the concessionaire’s projected annual gross revenues under the contract are estimated to exceed an amount that shall be determined by the City Council annually shall be awarded using a request for proposals.
(Ord. 610, passed 2-28-2005; Ord. 610A, passed 3-9-2015)