1996-33774-Ordinance No. 96-065 Recorded 9/12/1996REVIEWED
96-3377 x
? LEG R_ COIUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Adopting Chapter 4.06 Screening and * �c
Selection Procedures for Personal
Services Contracts to the Deschutes
County Code, and Declaring an * i -
Emergency.
ORDINANCE NO. 96-065
WHEREAS ORS 279.051 authorizes public agencies to enter into
contracts for personal services; and
WHEREAS ORS 279.051 requires public agencies to create procedures
for the screening and selection of persons to perform personal
services; and
WHEREAS, to date, Deschutes County has not adopted such
procedures; and
WHEREAS, the Board of County Commissioners wishes to establish
screening and selection procedures for personal service contracts by
adopting the Attorney General's Model Rules for Public Contracting
Agency Screening and Selection of Persons to Perform Architectural and
Engineering Personal Service Contracts, contained at OAR 137-35-000 to
137-35-080, along with certain amendments to the Model Rules that will
extend their applicability to the selection of all personal service
contractors; and
WHEREAS, ORS 279.051 authorizes the local contract review board to
designate by ordinance certain service contracts or classes of service
contracts as personal service contracts; and
WHEREAS, pursuant to Chapter 2.36 of the Deschutes County Code,
the Board is designated as the local contract review board; and
WHEREAS, the Board wishes to designate certain classes of service
contracts as personal service contracts and to exempt certain classes
of personal service contracts from the screening and selection
procedures established hereby; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Adoption. Chapter 4.06 Screening and Selection
Procedures for Personal Service Contracts of the Deschutes County Code
is adopted to read as described in Exhibit A, attached hereto and by
this reference incorporated herein. '
PAGE 1 - ORDINANCE NO. 96-065P HES'
SEP 1 €3 X.996 SDI 1996
0155-171-15-
Section
155-1'715
Section 2. Emergency. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect on its
passage. Contracts in effect prior to September 11, 1996, are not
affected by this amendment.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Effect on Existing Contractual Obligations and Pending
Selection Procedures. Nothing contained herein shall affect the
validity of existing contractual obligations incurred by Deschutes
County or a Department thereof prior to the effective date of this
Ordinance nor the validity of any selection procedure or negotiation
for personal services that was commenced prior to the effective date of
this Ordinance. Any procedure for amending an existing contract or for
selecting a contractor to provide services for subsequent phases of a
project that are provided in any contract executed, or for which
selection procedures or negotiations have commenced, prior to the
effective date of this Ordinance shall remain in effect until such
provision is amended or the contact terminated.
DATED this -ZZ day of�j, ,c�J , 1996.
ATTE
Recording Secretary
PAGE 2 - ORDINANCE NO. 96-065
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ke,e�Z44 e'tle "
N POPE SCHLANGEN, Chair
BARRY I�j SLAUGHTE , Commissioner
R07AT L. NIPP R, C Mlii6sioner
EXIIIBIT A - Ordinance 96-065
Chapter 4.06
SCREENING & SELECTION
PROCEDURES
FOR PERSONAL SERVICE
CONTRACTS
4.06.010.
Purpose.
4.06.020.
Definitions.
4.06.025.
Definition -Board.
4.06.030.
Definition -Competitive Bidding.
4.06.035.
Definition -Consultant.
4.06.040.
Definition -Department.
4.06.045.
Definition-EmergencyConditions.
4.06.050.
Definition -Model Rules
4.06.055.
Definition -Performance History.
4.06.060.
Definition -Personal Service
Contract.
4.06.065.
Definition -Professional Service
Contract.
4.06.070.
Definition -Public Contract.
4.06.075.
Definition -Public Contracting
Agency.
4.06.080.
Definition -Sole Source Contractor.
4.06.085.
Definition -Substantial Cost
Savings
4.06.100.
Scope.
4.06.110.
General Application.
4.06.120.
Classes of Personal Service
Contracts.
4.06.130.
Bid -Type Contracts.
4.06.140.
Screening and Selection of
Personal Service Contracts.
4.06.150.
Applicability.
4.06.160.
Exempt Classes of Contracts.
4.06.170.
Other Exemptions.
4.06.180.
Alternative Procedures for
Screening and Selection.
4.06.010. Purpose.
The rules codified in this chapter are
promulgated pursuant to the authority granted
to that board by Oregon Revised Statutes
Chapter 279, for the purpose of establishing a
process for the competitive selection of
0155-1770
persons or firms to perform personal service
contracts. This process is intended to result in
the selection of the most qualified contractor
for the job based on the contractor's
demonstrated competence and qualifications
to perform the required personal services at a
fair and reasonable price. (Ord. 96-065 § 1,
1996)
4.06.020. Definitions.
For purposes of this chapter, including the
Model Rules adopted herein, unless otherwise
apparent from the context, certain words and
phrases used in this chapter are defined as set
forth in Sections 4.06.025-085. (Ord. 96-065
§ 1, 1996)
4.06.025. Definition -Board.
"Board" means the local contract review
board for the county, as established by
Chapter 2.36 of this code. (Ord. 96-065 § 1,
1996)
4.06.030. Definition -Competitive Bidding.
"Competitive bidding" means the
solicitation of competitive offers which follow
the formal process for advertising, bid and bid
opening required by Oregon Revised Statutes
Chapter 279, and applicable rules of the
board. (Ord. 96-065 § 1, 1996)
4.06.035. Definition -Consultant.
"Consultant" means a person or firm
retained by a public contracting agency under
a personal service contract to perform a
service, provide analysis or render an opinion.
"Consultant" shall not be limited to
professional service contractors but shall apply
to all personal service contractors. (Ord.
96-65 § 1, 1996)
4.06.040. Definition -Department.
"Department" means any department of
Deschutes County or inter -departmental team,
work group, commission or other body or
individual authorized by the board to retain
Chapter 4.02 1 (9/96)
contractors in order to carry out an identified
function. (Ord. 96-065 § 1, 1996)
4.06.045. Definition -Emergency Conditions.
"Emergency Conditions" mean
circumstances creating a substantial risk of
loss, damage, interruption of services or threat
to public health or safety that could not have
been reasonably foreseen and requires prompt
execution of a contract to remedy the
condition. (Ord. 96-065 § 1, 1996)
4.06.050. Definition -Model Rules
"Model Rules" means the Model Rules for
Public Contracting Agency Screening and
Selection of Persons to Perform Architectural
and Engineering Personal Service Contracts
which are contained in the Oregon
Administrative Rules Chapter 137, Division
35, Sections 000 through 080 (OAR
137-35-000 to 137-35-080). (Ord. 96-065 § 1,
1996)
4.06.055. Definition -Performance History.
"Performance History" means the
demonstrated quality, completeness,
professionalism, reliability or other relevant
factors of a contractor's performance on past
projects based on the public contracting
agency's direct experience or the reported
experiences of other public or private clients
reasonably relied upon by the agency. (Ord.
96-065 § 1, 1996)
4.06.060. Definition -Personal Service
Contract.
"Personal Service Contract" means any
service contract aimed predominately at
obtaining a service, as opposed to a product,
where such service requires the contractor to
exercise a high degree of technical skill or
professional judgment and expertise and for
which selection of the contractor is more
appropriately based on the contractor's
qualifications, including but not limited to,
experience, training, knowledge and expertise,
technical skill, creativity, artistic ability,
performance history, and demonstrated ability
to exercise sound professional judgment,
0155-1'71
rather than the price of service. (Ord. 96-065
§ 1, 1996)
4.06.065. Definition -Professional Service
Contract.
"Professional Service Contract" means a
personal service contract for the services of an
independent contractor acting in a
professional capacity. (Ord. 96-065 § 1, 1996)
4.06.070. Definition -Public Contract.
"Public contract" means any purchase,
lease or sale of personal property, public
improvements or services other than
agreements which are exclusively for personal
services. (Ord. 96-065 § 1, 1996)
4.06.075. Definition -Public Contracting
Agency.
"Public Contracting Agency" or "Public
Agency" or "Agency" means any agency of the
State of Oregon, political subdivision thereof,
or public body created by inter -governmental
agreement which is authorized by law to enter
into public contracts. (Ord. 96-065 § 1, 1996)
4.06.080. Definition -Sole Source Contractor.
"Sole Source Contractor" means a
contractor providing a particular service
and/or level of expertise of such a unique
nature, limited availability at the desired
location, or superior quality that the public
contracting agency may reasonably consider
the contractor as the only practicable source
for the service. (Ord. 96-065 § 1, 1996)
4.06.085. Definition -Substantial Cost Savings
"Substantial Cost Savings" means a savings
in the contract price, which in the reasonable
judgment of the department or board, is
significant, and which is reasonably expected
to result from the award of the contract to a
particular contractor due to factors such as
the type of service, contract price in relation
to administrative cost, local availability of the
service, and other factors as the department or
board may deem appropriate. (Ord. 96-065 §
1, 1996)
Chapter 4.02 2 (9/96)
4.06.100. Scope.
This chapter establishes guidelines to assist
departments in determining whether the
procedures provided herein can be
appropriately utilized, in lieu of competitive
bidding pursuant to ORS Chapter 279, for the
selection of contractors. (Ord. 96-065 § 1,
1996)
4.06.110. General Application.
The process established herein may be
utilized for the selection of contractors under
the following circumstances:
A. The department intends to award the
contract primarily on the basis of.
1. The contractor's qualifications
including, but not limited to, experience,
training, knowledge and expertise, technical
skill, creativity, artistic ability, performance
history, and demonstrated ability to exercise
sound professional judgment and produce
quality work; or
2. The quality of the contractor's
proposed scope of work, including, but not
limited to, the proposal's clarity, brevity,
thoroughness, creativity, and demonstrated
understanding of the project; and
B. The price of the contract will be, at
most, a secondary criterion in the selection
process; and
C. Selection of the contractor on the basis
of the qualifications or proposed scope of
work, rather than lowest price, is reasonably
expected to result in the department obtaining
the best service for the money; and
D. The department is reasonably unable to
develop adequate design and/or performance
specifications for a contract and requires the
contractor's training, knowledge and expertise
to develop an appropriate scope of work
statement; or
E. In the event that a contract, other than
a personal service contract, has been
exempted from competitive bidding pursuant
to ORS 279.015(2) and DCC 4.04.080 or ORS
279.015(3) and DCC 4.04.090, and one of the
screening and selection methods described in
this chapter could be appropriately utilized.
(Ord. 96-065 § 1, 1996)
0155-1778
4.06.120. Classes of Personal Service
Contracts.
Personal service contracts may include, but
are not limited to, contracts with the following
classes of service providers:
A. Professionals performing as
independent contractors including, but not
limited to, accountants, financial consultants,
attorneys, architectural or design consultants,
land use planning consultants, physicians or
dentists, psychologists or psychological
counselors, engineers, appraisers or surveyors,
data processing consultants, or consultants in
biology, chemistry, geology, environmental, or
other science.
B. Non-professional consultants.
C. Educational and human services care
providers.
D. Other specialized non-commercial
service providers including, but not limited to,
writers, public relations specialists, landfill and
recycling facility operators, or hazardous waste
specialists.
E. Artists in the performing or fine arts,
including, but not limited to, photographers,
filmmakers, painters, weavers, or sculptors.
F. Other services or classes of service
which the board by resolution may designate
as personal services. (Ord. 96-065 § 1,
1996)
4.06.130. Bid -Type Contracts.
The following classes of contracts are NOT
personal service contracts:
A. Contracts predominately for a product,
as opposed to a service, even if the contractor
performs in a professional capacity.
B. Service contracts, including contracts
with temporary service or personnel agencies,
to supply labor which is of a type that can
generally be done by any competent worker
including, but not limited to, data entry,
janitorial services, landscape maintenance,
window cleaning, or guard security.
C. Contracts for trade -related projects
considered to be labor and materials contracts.
D. Contracts for services in a trade -related
project, to accomplish routine, continuing and
necessary functions, even though a specific
Chapter 4.02 3 (9/96)
license is required to engage in the activity
including, but not limited to, vehicular and
structural repair and/or maintenance. (Ord.
96-065 § 1, 1996)
4.06.140. Screening and Selection of
Personal Service Contracts.
Except as otherwise provided in this
chapter, the screening and selection of persons
or firms to provide personal service contracts
shall be performed according to the Model
Rules contained at OAR 137-35-000 to
137-35-080, which are incorporated herein by
this reference.
Where the informal selection procedure is
required, a department may issue a request
for qualifications to rank consultants for
purposes of contract negotiations. The
solicitation may be sent to fewer than five
prospective consultants if the required number
cannot be reasonably located. A department
need only select and rank the three most
qualified consultants if it receives a sufficient
number of proposals, and may otherwise select
a lesser number for purposes of contract
negotiations.
Nothing contained in the Model Rules or
this chapter shall be construed so as to limit a
department's ability to utilize a more formal
or intensive selection procedure than the
minimum procedure otherwise required.
(Ord. 96-065 § 1, 1996)
4.06.150. Applicability.
Where the terms "architectural or
engineering services" or "architectural or
engineering personal service contract" are
used throughout the Model Rules, the
particular requirements containing these terms
shall apply to the type of professional or other
personal service sought by a department.
Where experience or expertise in
"architecture," "engineering," or "construction"
is suggested or required by the Model Rules,
experience and expertise that is relevant to the
type of professional or other personal service
sought by the department shall satisfy the
particular requirement.
0155-1"7;9
Where the Model Rules require the public
contracting agency to review proposals
according to "proposed solutions to any
perceived design and constructability
problems," the consultant's "design
philosophy," or a "design competition," the
department shall substitute and utilize criteria
that are relevant to the type of professional or
other personal service sought by the
department.
Where the Model Rules establish
requirements for any "state public contracting
agency," such requirement shall NOT be
applicable to the county, board or any
department, unless otherwise provided herein.
(Ord. 96-065 § 1, 1996)
4.06.160. Exempt Classes of Contracts.
A. The selection of persons to perform
personal services for the following classes of
contracts shall be exempt from applicable
procedures established by this chapter:
1. Maintenance, repair and technical
support for computer hardware, software and
networking systems.
2. Maintenance, repair and technical
support for central telephone system.
3. Legal representation to assist County
Counsel.
4. Environmental assessment.
5. Real estate appraisal.
6. Mental health services provided by a
psychologist, psychiatrist or psychiatric nurse
practitioner. (Ord. 96-065 § 1, 1996)
4.06.170. Other Exemptions.
Additionally, the board may, by ordinance,
exempt other classes of personal service
contracts or, by resolution, exempt individual
personal service contracts from the
requirements of this chapter upon approval of
any of the following findings submitted by the
department seeking the exemption:
A. Emergency Conditions. Emergency
conditions exist that require prompt execution
of the contract; or
Chapter 4.02 4 (9/96)
B. Sole Source Contractor.
1. The consultant sought by the
department has been reasonably established as
a sole source contractor; and
2. The awarding of the personal service
contract pursuant to the exemption is
reasonably expected to result in the selection
of the most qualified consultant at a fair and
reasonable price; or
C. Unique Relationshipffinerience.
1. The department has established over
time a unique relationship with the desired
contractor which:
a. Gives the particular contractor a level
of experience and/or expertise which renders
the contractor uniquely suited for the work;
and
b. Makes it possible for the department to
obtain a superior quality of service from the
particular contractor; and
c. Is reasonably expected to result in
substantial cost savings to the department
and/or county; and
2. The experience and/or expertise
acquired by the contractor in the course of the
relationship make it reasonably likely that the
contractor would be selected to perform the
service if standard selection procedures were
utilized; and
3. The benefits to the department and
county derived from the exemption, including
superior service and cost savings, significantly
outweigh any adverse effect on competition;
or
D. General Exemption.
1. It is unlikely that the exemption will
encourage favoritism in the awarding of
personal service contracts or substantially
diminish competition for these contracts; and
2. The awarding of a personal service
contract pursuant to the exemption will result
in substantial cost savings to the department
or county. (Ord. 96-065 § 1, 1996)
4.06.180. Alternative Procedures for
Screening and Selection.
The following alternative procedures may
be utilized for the screening and selection of
persons to perform personal services under
0155-1'780
any class of contract or individual contract
exempted pursuant to Sections 4.06.160 and
4.06.170 herein:
A. Direct Appointment. The department
may utilize the direct appointment procedure
provided in the Model Rules; or
B. Board Approved Procedure. The
department may utilize any alternative method
not provided in the Model Rules, or a
modified form of any method provided in the
Model Rules, approved by the board in the
resolution or ordinance required by Section
4.06.170 herein. (Ord. 96-065 § 1, 1996)
Chapter 4.02 5 (9/96)