Section
Council as Local Contract Review Board; Procedures
30.01 Contract Review Board
30.02 Definitions
30.03 Public contracts for goods and services
30.04 Public improvement contracts
30.05 Offeror disqualification
30.06 Personal services contracts
30.07 Disposition of personal property
30.08 Adoption of codes and rules
Fixing Regular Meeting Dates; Rules and Regulations for Proceedings
30.25 Regular City Council meetings
30.26 Special Council meetings
30.27 Executive sessions
30.28 Agenda
30.29 Consent calendar
30.30 Order of business; regular meeting
30.31 Business; special meetings
30.32 Altering order of agenda
30.33 Order of deliberations
30.34 Rules of conduct and decorum
30.35 Ordinance procedure
COUNCIL AS LOCAL CONTRACT REVIEW BOARD; PROCEDURES
The City Council is designated to continue as the Local Contract Review Board of the city and shall have all of the rights, powers and authority necessary to carry out the provisions of O.R.S. Chapters 279A, 279B and 279C (the "Public Contracting Code"). Except as otherwise provided in this subchapter, the City Council, or its designated purchasing agent, is designated as the city's contracting agency for purposes of contracting powers and duties assigned to the city as a contracting agency under the Public Contracting Code.
(Ord. 489, passed 2-14-2005)
(A) As used in this subchapter, the following words or phrases shall have the following meanings. 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 Oregon Attorney General thereunder ("Model Rules").
(B) For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
FORMAL QUOTE. Procedure pursuant to which written offers are solicited by advertising or 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. In soliciting formal quotes, the contracting agency shall seek quotes from a sufficiently large number of potential offerors to insure sufficient competition to meet the best interests of the city. An award based on less than three formal quotes may be made, provided the contracting agency makes a written record of the effort to obtain quotes.
INFORMAL QUOTE. Procedure pursuant to which written or verbal offers are gathered by correspondence, telephone or personal contact stating the quantity and quality of good or services to be acquired. In soliciting informal quotes, the contracting agency shall seek quotes from a sufficiently large number of potential offerors to insure sufficient competition to meet the best needs of the city. An award based on less than three quotes may be made, provided the contracting agency makes a written record of the effort to obtain quotes.
PERSONAL SERVICES CONTRACT. A contract to retain the services of an independent contractor, including architects, engineers, land surveying and related services. The contract shall be predominantly for services requiring special training or certification, independent judgment, skill and experience.
SOLE SOURCE PROCUREMENT. A contract for goods or services, or a class of goods or services, available from only one source.
WORKS OF ART. All forms of original creations of visual art, including but not limited to:
(a) Painting. All media, including both portable and permanently affixed or integrated works such as murals;
(b) Sculpture. In the round, bas-relief, high relief, mobile, fountain, kinetic, electronic and the like, in any material or combination of materials; and
(c) Miscellaneous art. Prints, clay, drawings, stained class, mosaics, photography, fiber and textiles, wood, metal, plastics and other materials or combination of materials, calligraphy and mixed media, any combination of forms of media, including collage.
(Ord. 489, passed 2-14-2005)
This section applies to public 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) Public contracts. 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 at $5,000 or more but less than $25,000. A public contract for an amount which is valued at $5,000 or more, but less than $25,000, shall be awarded by the contracting agency 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 from $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) above do not apply to the following classes of public contracts:
(1) Sole source procurement pursuant to O.R.S. 279B.075;
(2) Emergency procurement 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; and
(7) By resolution, the City Council may exempt other public contracts or classes of public contracts from the requirements of division (A) above pursuant to O.R.S. 279B.085.
(Ord. 489, passed 2-14-2005)
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