The Yamhill City Council is designated as the Local Contract
Review Board under the State of Oregon Public Contracting Code. The
Contract Review Board may, from time to time, delegate its powers
and responsibilities consistent with the Oregon Public Contracting
Code and the Model Rules. The City Recorder ("Recorder") or designated
purchasing agent, and the City Finance Department are designated as
Yamhill's "contracting agency" for purposes of contracting powers
and duties assigned to the City of Yamhill as a "contracting agency"
under the State of Oregon Public Contracting Code or the Model Rules.
Except as specifically provided herein, public contracts shall
be let by Yamhill according to the State of Oregon Public Contracting
Code, including the Model Rules adopted by the Oregon Attorney General
as they now exist and as they may be amended in the future. Definitions
provided by the State of Oregon Public Contracting Code or the Model
Rules shall apply to Yamhill procurements, except as may be specifically
provided herein.
(Ord. 483 §1, 2008)
The following classes of public contracts are hereby exempted
from competitive procurement:
(A)
Any
contract exempted by the State of Oregon Public Contracting Code or
Model Rules.
(B)
Change
orders or contract amendments are reasonably related to the scope
of work under the original contract, up to $25,000.00. Change orders
or other amendments that increase the initial price of the contract
by more than $25,000.00 must be separately approved by the Contract
Review Board.
(C)
Purchases
through Federal programs, pursuant to ORS 279A.180.
(D)
An
emergency contract, provided that the contracting agency adheres to
the requirements of ORS 279B.080 or 279C.335(5) and the Model Rules.
(E)
Any
other contract (including sole source and brand name specification
contracts) where the public interest would be promoted by exempting
the contract from the competitive bidding process, provided that the
Contract Review Board adheres to the Public Contracting Code and the
Model Rules in making the exemption.
(Ord. 483 §2, 2008)
Notice of public improvement contracts may be published electronically
where the contracting agency finds that such publication is likely
to be cost effective, as provided in ORS 279C.360.
(Ord. 483 §3, 2008)
Public improvement contracts estimated by the contracting agency
not to exceed $100,000.00 may be let by competitive quote under the
following procedures:
(A)
The
contracting agency shall informally solicit at least three price quotes
from prospective contractors. If three prospective contractors are
not available, then fewer quotes may be solicited, and the contracting
agency shall maintain records of the attempts to obtain quotes.
(B)
The
contracting agency shall award the contract to the prospective contractor
whose quote will best serve the interests of Yamhill, taking into
account price and other applicable factors, such as experience, specific
expertise, availability, project understanding, contractor capacity,
and contractor responsibility. If the contract is not awarded on the
basis of the lowest price, the contracting agency shall make a written
record of the basis for the award.
(C)
A
procurement may not be artificially divided or fragmented to qualify
for the informal contract award procedures provided by this section.
(D)
A
public improvement contract let under this section may be amended
by change order.
(E)
Public
improvement contracts in excess of $100,000.00 shall be let in accordance
with the provisions of ORS 279C.
(Ord. 483 §4, 2008; Ord. 512 §1, 2016)
Personal services contracts (other than personal services contracts
for City officers, or architectural or engineering services), are
subject to the rules established by this section:
(A)
Personal
service contracts will be used to retain the services of independent
contractors, other than architects or engineers. Nothing in this section
shall apply to the employment of regular City employees.
(B)
Unless
otherwise approved by the Yamhill City Recorder, all personal service
contracts shall require the contractor to defend, indemnify, and hold
harmless the City, its officers, agents and employees against and
from any and all claims or demands for damages of any kind arising
out of or connected in any way with the contractor's performance thereunder
and shall include a waiver of contractor's right to ORS 30.285 and
ORS 30.287 indemnification and defense.
(C)
Unless
otherwise approved by the Yamhill City Recorder, City personal service
contracts shall contain a provision requiring the person or entity
providing the service to obtain and maintain liability insurance coverage
in at least the amount of the City's tort liability limits, naming
the City as an additional named insured, during the life of the contract.
(D)
All
Yamhill personal service contracts shall contain all contract provisions
mandated by State law. These provisions may be incorporated in the
personal service contract by reference to State law, unless State
law provides otherwise. The Yamhill City Attorney's Office will prepare
model contract provisions for use in City personal service contracts.
(E)
The
following procedure shall be observed in the selection of personal
service contractors:
(1)
For personal service contracts involving an anticipated fee of $10,000.00
or less per annum, the Yamhill City Recorder or designated officer
may negotiate and recommend to the Contract Review Board a contract
for such services with any qualified contractor of his or her selection.
(2)
For personal service contracts involving an anticipated fee of more
than $10,000.00 but less than $150,000.00 per annum, the City Recorder
or designated officer shall, in compliance with ORS 279B.070(3) solicit
at least three prospective contractors who shall appear to have at
least minimum qualifications for the proposed assignment, notify each
prospective contractor in reasonable detail of the proposed assignment,
and determine the prospective contractor's interest and ability to
perform the proposed assignment.
(3)
The City Recorder or designated officer may arrange for any or all
interested prospective contractors to be interviewed for the assignment
by an appropriate City employee or by an interview committee.
(4)
Following a review of the qualifications and interview, where conducted,
of the interested prospective contractors, the City Recorder or designated
officer shall select the prospective contractor, and a personal service
contract to the Contract Review Board.
(F)
The
above provisions regarding selection procedures do not apply to amendments,
modifications or supplements to executed personal service contracts.
(G)
The
following criteria shall be considered in the evaluation and selection
of a personal service contractor:
(1)
Specialized experience in the type of work to be performed;
(2)
Capacity and capability to perform the work, including any specialized
services within the time limitations for the work;
(3)
Educational and professional record, including past record of performance
on contracts with governmental agencies and private parties with respect
to cost control, quality of work, ability to meet schedules, and contract
administration, where applicable;
(4)
Availability to perform the assignment and familiarity with the area
in which the specific work is located, including knowledge of design
or techniques peculiar to it, where applicable; and
(5)
Any other factors relevant to the particular contract.
(H)
The
selection procedures described in this section may be waived by the
City Recorder, at his or her discretion, where an emergency exists
that could not have been reasonably foreseen and requires such prompt
approval by the Contract Review Board and execution of a contract
to remedy the situation that there is not sufficient time to permit
utilization of the selection procedures.
(I)
Nothing
contained in this section shall preclude the City from complying with
provisions of Federal or State law that require the City to utilize
a different selection or contracting procedure.
(Ord. 483 §5, 2008; Ord. 512 §2, 2016)
Disposition of surplus personal property may be made, at the
discretion of the City Recorder or designee, under provisions of the
State of Oregon Public Contracting Code, or the Model Rules, or under
the provisions of this section:
(A)
From
time to time and after personal property owned by Yamhill is determined
by the City Recorder or designee to be surplus to the needs of the
City, the City may sell the property at public auction. Yamhill may
utilize a contracting firm, approved by the Contract Review Board,
for disposition of the property on terms and conditions contained
in a contract approved by the Contract Review Board. Yamhill shall
give notice of the public auction by posting notice of the means by
which the property will be disposed of on the Yamhill Internet Website,
or by advertisement in a newspaper of general circulation.
(B)
Auction
sales may be conducted entirely on the Internet. Sale shall be for
cash to the highest bidder. All proceeds of the sale shall be paid
to the fund from which the item was purchased or as directed by a
resolution, subject to the terms and conditions of the contract (if
any) approved by the Contract Review Board between Yamhill and a firm
selected to conduct the auction.
(C)
All
personal property sold pursuant to this section shall be sold as-is
without any warranty, either express or implied, of any kind, including,
but not limited to, warranties of title or fitness for any purpose.
Upon receiving payment for the personal property from the successful
bidder, the person or company conducting the auction shall execute
an appropriate bill of sale, which shall recite that the sale is without
warranty, as provided in this subsection.
(Ord. 483 §6, 2008)
If bids are solicited for a public improvement contract, and
all bids exceed the budget for the project, the contracting agency
may, prior to contract award, negotiate for a price within the project
budget under the following procedures:
(A)
Negotiations
will begin with the lowest, responsive and responsible bidder. If
negotiations are not successful, then the contracting agency may begin
negotiations with the second lowest responsive, responsible bidder,
and so on.
(B)
Negotiations
may include the inclusion of value engineering and other options to
attempt to bring the project cost within the budgeted amount.
(C)
A
contract may not be awarded under this section if the scope of the
project is significantly changed from the description in the original
bid documents.
(D)
The
contracting agency will adhere to the provisions of ORS 279C.340 in
applying this section.
(Ord. 483 §7, 2008)
The contracting agency may adopt appropriate purchasing policies
dealing with ethics, environmental considerations and the like, subject
to review and modification by the Contract Review Board.
(Ord. 483 §8, 2008)
In the event of a conflict between any provision of the State
of Oregon Public Contracting Code or the Model Rules and Resolution,
the provisions of the State of Oregon Contracting Code or the Model
Rules shall control.
(Ord. 483 §9, 2008)
