In accordance with ORS 279A.025, the City of Warrenton's public
contracting regulations and the Oregon Public Contracting Code do
not apply to the following classes of contracts:
A. Between
Governments. Contracts between the City of Warrenton and a public
body or agency of the State of Oregon or its political subdivisions,
or between the City and an agency of the federal government.
B. Grants.
A grant contract is an agreement under which the City of Warrenton
is either a grantee or a grantor of moneys, property or other assistance,
including loans, loan guarantees, credit enhancements, gifts, bequests,
commodities or other assets, for the purpose of supporting or stimulating
a program or activity of the grantee and in which no substantial involvement
by the grantor is anticipated in the program or activity other than
involvement associated with monitoring compliance with the grant conditions.
The making or receiving of a grant is not a public contract subject
to the Oregon Public Contracting Code; however, any grant made by
City of Warrenton for the purpose of constructing a public improvement
or public works project shall impose conditions on the grantee that
ensure that expenditures of the grant to design or construct the public
improvement or public works project are made in accordance with the
Oregon Public Contracting Code and these regulations.
C. Legal
Witnesses and Consultants. Contracts for professional or expert witnesses
or consultants to provide services or testimony relating to existing
or potential litigation or legal matters in which the City of Warrenton
is or may become interested.
D. Real
Property. Acquisitions or disposals of real property or interests
in real property.
E. Textbooks.
Contracts for the procurement or distribution of textbooks.
F. Oregon
Corrections Enterprises. Procurements from an Oregon corrections enterprises
program.
G. Finance.
Contracts, agreements or other documents entered into, issued or established
in connection with:
1. The
incurring of debt by the City of Warrenton, including any associated
contracts, agreements or other documents, regardless of whether the
obligations that the contracts, agreements or other documents establish
are general, special or limited;
2. The
making of program loans and similar extensions or advances of funds,
aid or assistance by the City to a public or private person for the
purpose of carrying out, promoting or sustaining activities or programs
authorized by law other than for the construction of public works
or public improvements;
3. The
investment of funds by the City of Warrenton as authorized by law;
or
4. Banking,
money management or other predominantly financial transactions of
the City that, by their character, cannot practically be established
under the competitive contractor selection procedures, based upon
the findings of the Purchasing Manager.
H. Employee
Benefits. Contracts for employee benefit plans as provided in ORS
243.105(1), 243.125(4), 243.221, 243.275, 243.291, 243.303 and 243.565.
I. Exempt
Under State Laws. Any other public contracting specifically exempted
from the Oregon Public Contracting Code by another provision of law.
J. Federal
Law. Except as otherwise expressly provided in ORS 279C.800 to 279C.870,
applicable federal statutes and regulations govern when federal funds
are involved and the federal statutes or regulations conflict with
any provision of the Oregon Public Contracting Code or these regulations,
or require additional conditions in public contracts not authorized
by the Oregon Public Contracting Code or these regulations.
(Ord. 1076-A § 2, 2005)
Except as expressly delegated under these regulations, the Warrenton
City Commission reserves to itself the exercise of all of the duties
and authority of a contract review board and a contracting agency
under state law, including, but not limited to, the power and authority
to:
A. Solicitation
Methods Applicable to Contracts. Approve the use of contracting methods
and exemptions from contracting methods for a specific contract or
certain classes of contracts;
B. Brand
Name Specifications. Exempt the use of brand name specifications for
public improvement contracts;
C. Waiver
of Performance and Payment Bonds. Approve the partial or complete
waiver of the requirement for the delivery of a performance or payment
bond for construction of a public improvement, other than in cases
of emergencies;
D. Electronic
Advertisement of Public Improvement Contracts. Authorize the use of
electronic advertisements for public improvement contracts in lieu
of publication in a newspaper of general circulation;
E. Appeals
of Debarment and Prequalification Decisions. Hear properly filed appeals
of the Purchasing Manager's determination of debarment, or concerning
prequalification;
F. Rulemaking.
Adopt contracting rules under ORS 279A.065 and ORS 279A.070 including,
without limitation, rules for the procurement, management, disposal
and control of goods, services, personal services and public improvements;
and
G. Award.
Award all contracts that exceed the authority of the Purchasing Manager.
(Ord. 1076-A § 3, 2005)
The Model Rules adopted by the Attorney General under ORS 279A.065
(Model Rules) are hereby adopted as the public contracting rules for
the City of Warrenton, to the extent that the Model Rules do not conflict
with the provisions of this chapter including any amendments to this
chapter.
(Ord. 1076-A § 4, 2005)
A. General
Authority. The City Manager shall be the purchasing manager for the
City of Warrenton and is hereby authorized to issue all solicitations
and to award all City of Warrenton contracts for which the contact
price does not exceed $50,000.00. As required by City Charter, the
City Commission shall approve the plans and specifications of any
public improvement in excess of $5,000.00 to be made by a private
contractor. Subject to the provisions of the chapter, the purchasing
manager may adopt and amend all solicitation materials, contracts
and forms required or permitted to be adopted by contracting agencies
under the Oregon Public Contracting Code or otherwise convenient for
the City of Warrenton's contracting needs. The purchasing manager
shall hear all solicitations and award protests.
B. Solicitation
Preferences. When possible, the Purchasing Manager shall use solicitation
documents and evaluation criteria that:
1. Give
preference to goods and services that have been manufactured or produced
in the State of Oregon if price, fitness, availability and quality
are otherwise equal; and
2. Give
preference to goods that are certified to be made from recycled products
when such goods are available, can be substituted for nonrecycled
products without a loss in quality, and the cost of goods made from
recycled products is not significantly more than the cost of goods
made from nonrecycled products.
C. Delegation
of Purchasing Manager's Authority. Any of the responsibilities or
authorities of the Purchasing Manager under this chapter may be delegated
and sub-delegated by written directive.
D. Mandatory
Review of Rules. Whenever the Oregon State Legislative Assembly enacts
laws that cause the attorney general to modify its Model Rules, the
Purchasing Manager shall review the public contracting regulations,
other than the Model Rules, and recommend to the City Commission any
modifications required to ensure compliance with statutory changes.
(Ord. 1076-A § 5, 2005; Ord. 1254 §§ 1, 2, 2021)
The following terms used in these regulations shall have the
meanings set forth below.
"Award"
means the selection of a person to provide goods, services
or public improvements under a public contract. The award of a contract
is not binding on the City of Warrenton until the contract is executed
and delivered by the City.
"Bid"
means a binding, sealed, written offer to provide goods,
services or public improvements for a specified price or prices.
"Concession agreement"
means a contract that authorizes and requires a private entity
or individual to promote or sell, for its own business purposes, specified
types of goods or services from real property owned or managed by
the City of Warrenton, and under which the concessionaire makes payments
to the City based, at least in part, on the concessionaire's revenues
or sales. The term "concession agreement" does not include a mere
rental agreement, license or lease for the use of premises.
"Contract price"
means the total amount paid or to be paid under a contract,
including any approved alternates, and any fully executed change orders
or amendments.
"Debarment"
means a declaration by the Purchasing Manager under ORS 279B.130
or ORS 279C.440 that prohibits a potential contractor from competing
for the City of Warrenton's public contracts for a prescribed period
of time.
"Disposal"
means any arrangement for the transfer of property, or an
interest therein, by the City of Warrenton under which the City relinquishes
ownership or an interest therein.
"Emergency"
means circumstances that create a substantial risk of loss,
damage or interruption of services or a substantial threat to property,
public health, welfare or safety; and require prompt execution of
a contract to remedy the condition.
"Energy savings performance contract"
means a contract with a qualified energy service company
for the identification, evaluation, recommendation, design and construction
of energy conservation measures that guarantee energy savings or performance.
"Findings"
are the statements of fact that provide justification for
a determination. Findings may include, but are not limited to, information
regarding operation, budget and financial data; public benefits; cost
savings; competition in public contracts; quality and aesthetic considerations,
value engineering; specialized expertise needed; public safety; market
conditions; technical complexity; availability, performance and funding
sources.
"Goods"
means any item or combination of supplies, equipment, materials
or other personal property, including any tangible, intangible and
intellectual property and rights and licenses in relation thereto.
"Informal solicitation"
means a solicitation made in accordance with the City of
Warrenton's Public Contracting Regulations to a limited number of
potential contractors, in which the Solicitation Agent attempts to
obtain at least three written quotes or proposals.
"Model Rules"
means the public contracting rules adopted by the Attorney
General under ORS 279A.065.
"Offeror"
means a person who submits a bid, quote or proposal to enter
into a public contract with the City of Warrenton.
"Person"
means a natural person or any other private or governmental
entity, having the legal capacity to enter into a binding contract.
"Proposal"
means a binding offer to provide goods, services or public
improvements with the understanding that acceptance will depend on
the evaluation of factors other than, or in addition to, price. A
proposal may be made in response to a request for proposals or under
an informal solicitation.
"Personal services contract"
means a contract with an independent contractor predominantly
for services that require special training or certification, skill,
technical, creative, professional or communication skills or talents,
unique and specialized knowledge, or the exercise of judgment skills,
and for which the quality of the service depends on attributes that
are unique to the service provider. Such services include, but are
not limited to, the services of architects, engineers, land surveyors,
attorneys, auditors, health care professionals, land use consultants,
urban renewal consultants, landscape architects and other licensed
professionals, artists, designers, computer programmers, performers,
consultants, appraisers, realtors, geologists, hydrologists, and property
managers. The Warrenton City Commission shall have discretion to determine
whether additional types of services not specifically mentioned in
this paragraph fit within the definition of personal services.
"Public contract"
means a sale or other disposal, or a purchase, lease, rental
or other acquisition, by the City of Warrenton of personal property,
services, including personal services, public improvements, public
works, minor alterations, or ordinary repair or maintenance necessary
to preserve a public improvement.
"Public improvement"
means a project for construction, reconstruction or major
renovation on real property by or for the City of Warrenton. Public
improvement does not include:
1.
Projects for which no funds of the City are directly or indirectly
used, except for participation that is incidental or related primarily
to project design or inspection; or
2.
Emergency work, minor alteration, ordinary repair or maintenance
necessary to preserve a public improvement.
"Purchasing Manager"
means the City Manager, or designee appointed by the City
Manager, to exercise the authority of the Purchasing Manager under
these public contracting regulations.
"Qualified pool"
means a pool of vendors who are pre-qualified to compete
for the award of contracts for certain types of contracts or to provide
certain types of services.
"Quote"
means a price offer made in response to an informal or qualified
pool solicitation to provide goods, services or public improvements.
"Services"
means and includes all types of services (including construction
labor) other than personal services.
"Solicitation"
means an invitation to one or more potential contractors
to submit a bid, proposal, quote, statement of qualifications or letter
of interest to the City of Warrenton with respect to a proposed project,
procurement or other contracting opportunity. The word "solicitation"
also refers to the process by which the City requests, receives and
evaluates potential contractors and awards public contracts.
"Solicitation Agent"
means with respect to a particular solicitation, the City
Manager, or person designated by the City Manager, to conduct the
solicitation and make an award.
"Solicitation documents"
means all informational materials issued by the City of Warrenton
for a solicitation, including, but not limited to advertisements,
instructions, submission requirements and schedules, award criteria,
contract terms and specifications, and all laws, regulations and documents
incorporated by reference.
"Standards of responsibility"
means the qualifications of eligibility for award of a public
contract. An offeror meets the standards of responsibility if the
offeror has:
1.
Available the appropriate financial, material, equipment, facility
and personnel resources and expertise, or ability to obtain the resources
and expertise, necessary to indicate the capability of the offeror
to meet all contractual responsibilities;
2.
A satisfactory record of performance. The Solicitation Agent
shall document the record of performance of an offeror if the Solicitation
Agent finds the offeror to be not responsible under this paragraph;
3.
A satisfactory record of integrity. The Solicitation Agent shall
document the record of integrity of an offeror if the Solicitation
Agent finds the offeror to be not responsible under this paragraph;
4.
Qualified legally to contract with the City of Warrenton;
5.
Supplied all necessary information in connection with the inquiry
concerning responsibility. If an offeror fails to promptly supply
information requested by the Solicitation Agent concerning responsibility,
the Solicitation Agent shall base the determination of responsibility
upon any available information or may find the offeror non-responsible;
and
6.
Not been debarred by the City of Warrenton, and, in the case
of public improvement contracts, has not been listed by the Construction
Contractors Board as a contractor who is not qualified to hold a public
improvement contract.
"Surplus property"
means personal property owned by the City of Warrenton which
is no longer needed for use by the department to which such property
has been assigned.
(Ord. 1076-A § 6, 2005)
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 Warrenton City Commission.
A. Purchases
from Nonprofit Agencies for Disabled Individuals. The City of Warrenton
shall give a preference to goods, services, and public improvements
available from qualified nonprofit agencies for disabled individuals
in accordance with the provisions of ORS 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 Up to $50,000.00. Public improvement contracts
other than contracts for a highway, bridge or other transportation
project for which the estimated contract price does not exceed $50,000.00
may be awarded using an informal solicitation for quotes.
3. Transportation
Public Improvements Up to $50,000.00. Contracts for which the estimated
contract price does not exceed $50,000.00 for highways, bridges or
other transportation projects may be awarded using an informal solicitation
for quotes.
4. City
of Warrenton Funded Privately Constructed Public Improvements. The
City of Warrenton may contribute funding to a privately constructed
public improvement project without subjecting the project to competitive
solicitation requirements if all of the following conditions are met
with respect to the entire public improvement project:
a. The City's contribution to the project may not exceed 25% of the
total cost of the project;
b. The City must comply with all applicable laws, if any, concerning
the reporting of the project to the Bureau of Labor and Industries
as a public works project;
c. The general contractor for the project must agree in writing to comply
with all applicable laws, if any, concerning reporting and payment
of prevailing wages for the project;
d. The funds contributed to the project may not provide a pecuniary
benefit to the owner of the development for which the project is being
constructed, other than benefits that are shared by all members of
the community;
e. The performance of the general contractor and the payment of labor
for the project must be secured by performance and payment bonds or
other cash-equivalent security that is acceptable to the Purchasing
Manager to protect the City of Warrenton against defective performance
and claims for payment; and
f. The contract for construction of the project must be amended, as
necessary, to require the general contractor to maintain adequate
workers compensation and liability insurance and to protect and provide
indemnification to the City of Warrenton for all claims for payment,
injury or property damage arising from or related to the construction
of the project.
C. Personal
Services Contracts. Except as otherwise provided in these regulations,
personal services contracts may be awarded in the same manner as contracts
for services under ORS 279B.050, and 279B.060 to 279B.085.
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
Service Contracts Not Exceeding $100,000.00. Contracts for personal
services for which the estimated contract price does not exceed $100,000.00
may be awarded using an informal solicitation for proposals.
3. $50,000.00
Award from Qualified Pool. Contracts for personal services for which
the estimated contract price does not exceed $50,000.00 may be awarded
by direct appointment without competition from a qualified pool.
4. Personal
Service Contracts Not Exceeding $20,000.00 Per Year. Contracts for
which the Solicitation Agent estimates that payments will not exceed
$20,000.00 in any fiscal year or $150,000.00 over the full term, including
optional renewals, may be awarded under any method deemed in the City
of Warrenton's best interest by the Solicitation Agent, including
by direct appointment.
5. Personal
Service Contracts for Continuation of Work. Contracts of not more
than $150,000.00 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 City Commission determines
that use of the original contractor will significantly reduce the
costs of, or risks associated with, the work.
6. Criteria
for Selection of Personal Service Contractors. In the selection of
a personal services contractor under this section, the following criteria
shall be used in evaluation and selection:
a. Specialized experiences in the type of work to be performed;
b. Capacity and capability to perform the work, including any specialized
services within the time limitations for the work;
c. Education 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; and
d. 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.
e. Any other factors relevant to the particular contract.
7. Appointive Officers Under City Charter. Pursuant to the City of Warrenton Charter, Chapter
III, Section 10, the City Commission appoints the City officers of Manager, Auditor, Municipal Judge, and other officers as the Commission deems necessary. The appointment of those officers and method of selection may be by any method deemed suitable by the City Commission, including direct appointment.
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. 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. The determination
to construct a project using a design/build or construction manager/general
contractor construction method must be approved by the Warrenton City
Commission 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 of Warrenton.
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 of Warrenton'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
Up to $150,000.00. The procurement of goods or services, or goods
and services, for which the estimated contract price does not exceed
$150,000.00 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 of Warrenton'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
Up to $5,000.00. Contracts of any type for which the contract price
does not exceed $5,000.00 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 ORS 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 of Warrenton.
10. Sole Source Contracts. Under ORS 279B.O75(2)(d), contracts for goods
or services which are available from a single source may be awarded
without competition. The Purchasing Manager is authorized to determine
which goods or services are available only from a single source.
11. Specialty Goods for Resale. Contracts for the purchase of specialty
goods by City of Warrenton for resale to consumers.
12. Sponsor Agreements. Sponsorship agreements, under which the City
of Warrenton receives a gift or donation in exchange for recognition
of the donor.
13. Structures. Contracts for the disposal of structures located on City
of Warrenton 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 nonrenewable, or recently expired, contract, other than a contract
for public improvements.
16. Temporary Use of City of Warrenton 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 of Warrenton reserves the right to terminate the contract
without penalty, in the event that 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 $20,000.00,
and the Purchasing Manager, for procurements in excess of $20,000.00
may contract for the purchase of used property by negotiation if such
property is suitable for the City of Warrenton's needs and can be
purchased for a lower cost than substantially similarly new property.
For this purpose the 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 Purchasing Manager shall record the
findings that support the purchase.
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 the City Manager determines that immediate execution
of a contract is necessary to prevent substantial damage or injury
to persons or property, the City Manager may execute a contract not
to exceed $50,000.00 without competitive selection and award or City
of Warrenton approval, but, where time permits, the City Manager 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 of Warrenton and the public, and (b) notify
the Warrenton City Commission 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 Warrenton City Commission
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 Warrenton
City Commission 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 Warrenton City Commission 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 subsection.
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 Purchasing Manager.
The Solicitation Agent shall provide the Purchasing Manager with a
copy of the letter, memorandum, or other documentation from GSA establishing
permission to the City of Warrenton 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 $150,000.00, 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 paragraph 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.
J. Surplus
Property.
1. General
Methods. Surplus property may be disposed of by any of the following
methods upon a determination by the City Commission that the method
of disposal is in the best interest of the City of Warrenton. Factors
that may be considered by the Solicitation Agent include costs of
sale, administrative costs, and public benefits to the City of Warrenton.
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
City of Warrenton 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.
g. Donation. By donation to any organization operating which is recognized
by the Internal Revenue Service as an organization described in Section
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 $500.00, 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, upon such determination
by the Solicitation Agent. 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 police officer's handguns, with a current value of less
than $100.00 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 Purchasing Manager.
4. Police
Officers' Handguns. Upon honorable retirement from service with the
City of Warrenton, a police 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 of Warrenton Employees. City of Warrenton 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 of Warrenton 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 of Warrenton 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 Under $5,000.00. Contracts under which the Solicitation
Agent estimates that receipts by the City of Warrenton will not exceed
$5,000.00 in any fiscal year and $50,000.00 in the aggregate.
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 Purchasing Manager 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 of Warrenton 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 $500,000.00 or
less, the Purchasing Manager 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 $500,000.00, the Solicitation Agent may, but shall not be required
to, reissue the solicitation as a request for proposals.
b. Major Concessions. Concession agreements for which the concessionaire's
projected annual gross revenues under the contract are estimated to
exceed $500,000.00 annually shall be awarded using a request for proposals.
(Ord. 1076-A § 8, 2005; Ord. 1088-A § 1, 2006; Ord. 1128-A §§ 2—4,
2009)
The City of Warrenton may use the following procedure for informal
solicitations in lieu of the procedures set forth in the Model Rules.
A. Informally
Solicited Quotes and Proposals.
1. Solicitation
of Offers. When authorized by these regulations, an informal solicitation
may be made by general or limited advertisement to a certain group
of vendors, by direct inquiry to persons selected by the Solicitation
Agent, or in any other manner which the Solicitation Agent deems suitable
for obtaining competitive quotes or proposals. The Solicitation Agent
shall deliver or otherwise make available to potential offerors, a
written scope of work, a description of how quotes or proposals are
to be submitted and description of the criteria for award.
2. Award.
The Solicitation Agent shall attempt to obtain a minimum of three
written quotes or proposals before making an award. If the award is
made solely on the basis of price, the Solicitation Agent shall award
the contract to the responsible offeror that submits the lowest responsive
quote. If the award is based on criteria other than, or in addition
to, price, the Solicitation Agent shall award the contract to the
responsible offeror that will best serve the interest of the City
of Warrenton, based on the criteria for award.
3. Records.
A written record of all persons solicited and offers received shall
be maintained. If three offers cannot be obtained, a lesser number
will suffice provided that a written record is made of the effort
to obtain the quotes.
B. Qualified
Pools.
1. General.
To create a qualified pool, the Purchasing Manager may invite prospective
contractors to submit their qualifications to the City of Warrenton
for inclusion as participants in a pool of contractors qualified to
provide certain types of goods, services, or projects, including personal
services and public improvements. The City Commission shall approve
the use of a qualified pool appointment and will approve the qualified
pool membership on an annual basis.
2. Advertisement.
The invitation to participate in a qualified pool shall be advertised
in the manner provided for advertisements of invitations to bid and
requests for proposals by publication in at least one newspaper of
general statewide circulation. If qualification will be for a term
that exceeds one year or allows open entry on a continuous basis,
the invitation to participate in the pool must be republished at least
once per year and shall be posted at the City of Warrenton's main
office and on its website.
3. Contents
of Solicitation. Requests for participation in a qualified pool shall
describe the scope of goods or services or projects for which the
pool will be maintained, and the minimum qualifications for participation
in the pool, which may include, but shall not be limited to qualifications
related to financial stability, contracts with manufacturers or distributors,
certification as an emerging small business, insurance, licensure,
education, training, experience and demonstrated skills of key personnel,
access to equipment, and other relevant qualifications that are important
to the contracting needs of the City of Warrenton.
4. Contract.
The operation of each qualified pool may be governed by the provisions
of a pool contract to which the City of Warrenton and all pool participants
are parties. The contract shall contain all terms required by the
City, including, without limitation, terms related to price, performance,
business registration or licensure, continuing education, insurance,
and requirements for the submission, on an annual or other periodic
basis, of evidence of continuing qualification. The qualified pool
contract shall describe the selection procedures that the City may
use to issue contract job orders. The selection procedures shall be
objective and open to all pool participants and afford all participants
the opportunity to compete for or receive job awards. Unless expressly
provided in the contract, participation in a qualified pool will not
entitle a participant to the award of any City of Warrenton contract.
5. Use
of Qualified Pools. Subject to the provisions of these regulations
concerning methods of solicitation for classes of contracts, the Warrenton
City Commission shall award all contracts for goods or services of
the type for which a qualified pool is created from among the pool's
participants, unless the Solicitation Agent determines that best interests
of the City of Warrenton require solicitation by public advertisement,
in which case, pool participants shall be notified of the solicitation
and invited to submit competitive proposals.
6. Amendment
and Termination. The Purchasing Manager may discontinue a qualified
pool at any time, or may change the requirements for eligibility as
a participant in the pool at any time, by giving notice to all participants
in the qualified pool.
7. Protest of Failure to Qualify. The Purchasing Manager shall notify any applicant who fails to qualify for participation in a pool that he or she may appeal a qualified pool decision to the Warrenton City Commission in the manner described in Section
3.28.130.
(Ord. 1076-A § 9, 2005)
In lieu of publication in a newspaper of general circulation
in the City of Warrenton metropolitan area, the advertisement for
an invitation to bid or request for proposals for a contract involving
a public improvement may be published electronically by posting on
the City of Warrenton's website, provided that the following conditions
are met:
A. The
placement of the advertisement is on a location within the website
that is maintained on a regular basis for the posting of information
concerning solicitations for projects of the type for which the invitation
to bid or request for proposals is issued; and
B. The
Solicitation Agent determines that the use of electronic publication
will be at least as effective in encouraging meaningful competition
as publication in a newspaper of general circulation the City of Warrenton
metropolitan area and will provide costs savings for the City, or
that the use of electronic publication will be more effective than
publication in a newspaper of general circulation in the City of Warrenton
metropolitan area in encouraging meaningful competition.
(Ord. 1076-A § 12, 2005)