2005-586-Resolution No. 2005-039 Recorded 3/31/2005DESCHUTES COUNTY OFFICIAL RECORDS CJ �OQJ•J8D
NANCY BLANKENSHIP, COUNTY CLERK
ID COMMISSIONERS' JOURNAL 03/31/2005 03:21:24 PM
LEGAL COUNSEL I III I IIIIIIIIIIIIIIIIIII II III
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For Recording Stamp Only
BEFORE THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
OF DESCHUTES COUNTY, OREGON
A Resolution Adopting Public Contracting Rules
and Procedures for the Sunriver Service District * RESOLUTION NO. 2005-039
WHEREAS, the Sunriver Service District was created on June 12, 2002 by Order No.
2002-085 of the Deschutes County Commissioners; and
WHEREAS, the Sunriver Service District ("District") is an Oregon special district which
is subject to Oregon's public contracting laws; and
WHEREAS, in 2003 the Oregon Legislature substantially revised the Oregon Public
Contracting Code, and most of these revisions will take effect March 1, 2005; and
WHEREAS, the Deschutes County Commissioners, acting as the Governing Body of the
District, serves as the District's Local Contract Review Board ("LCRB") unless the Governing
Body shall appoint another body to serve as the LCRB; and
WHEREAS, the Governing Body, on January 8, 2003, in Resolution No. 2003-002, did
delegate the management of the District to the Sunriver Service District's Managing Board
("Managing Board"); and
WHEREAS, on March 1, 2005, the District's existing public contracting rules became
void, and the District is required to adopt new public contracting rules consistent with the revised
Public Contracting Code; and
WHEREAS, ORS 279A.065(5) provides that a local contracting agency may adopt its
own rules of procedure for public contracting that:
(A) Specifically state that the model rules adopted by the Attorney General do not
apply to the contracting agency; and
(B) Prescribe the rules of procedure that the contracting agency will use for public
contracts, which may include portions of the model rules adopted by the Attorney General; now,
therefore,
PAGE 1 of 2 — RESOLUTION NO. 2005-039
BE IT RESOLVED BY THE GOVERNING BODY OF THE SUNRIVER SERVICE
DISTRICT, as follows:
Section 1. That, the Governing Body is the LCRB for the District, effective March 1,
2005.
Section 2. That, except as otherwise provided herein, the District hereby adopts the
Oregon Attorney General's Model Public Contracting Rules (2004), effective March 1, 2005
("Model Rules"), as the contracting rules for the District, as such Model Rules now exist or are
later modified.
Section 3. That the District adopts the public contracting rules described in Exhibit
A, which is attached to this Resolution and incorporated herein by reference. The Rules
described in Exhibit A shall be in addition to, and shall supersede any conflicting provisions in,
the Model Rules.
Section 4. That the District shall regularly review changes in the Public Contracting
Code to ensure that the Exhibit A Rules are consistent with current law.
DATED this day of dA C,14— 2005.
THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT OF DESCHUTES COUNTY,
OREGON
TOM DEWOLF
ATTEST: 141 A E L . DAL' Y
Recording Secretary D NNIS R. LUKE
PAGE 2 of 2 - RESOLUTION NO. 2005-_ (/_/05)
EXHIBIT A
PUBLIC CONTRACTING RULES AND PROCEDURES
A. Personal Services.
(1) Definition. "Personal Services" shall be defined to include those services that require
specialized technical, creative, professional or communication skills or talents, unique and specialized
knowledge, or the exercise of discretionary judgment, and for which the quality of the service depends on
attributes that are unique to the service provider. Such services shall include, but are not limited to: architects;
engineers; surveyors; attorneys; accountants; auditors; computer programmers; artists; designers; performers;
and consultants. The Chief Procurement Officer shall have the authority to determine whether a particular
service is a "personal service" under this definition.
(2) Contracts for Personal Services between $5,000 - $100,000. Except as provided in Paragraph
(4), below, non-exempt personal services contracts, including contracts for Architectural, Engineering and
Surveying Services, and Related Services, for a contract amount of less than $100,000 may be awarded from
proposals that are solicited informally, either orally or in writing. If it is practicable, proposals shall be solicited
from a sufficient number of qualified prospective proposers to ensure that no fewer than two qualified proposers
submit proposals. If fewer than two qualified proposers submit proposals, the efforts made to solicit proposals
shall be documented in the District's files. The selection may be based on criteria including, but not limited to,
each proposer's:
• Particular capability to perform the services required;
• Experienced staff available to perform the services required, including each proposer's recent,
current and projected workloads;
• Performance history;
• Approach and philosophy used in providing services;
• Fees or costs; and
• Geographic proximity to the project or the area where the services are to be performed.
Price may be considered, but need not be the determining factor. Proposals may also be solicited by
using a written request for proposals, at the District's discretion.
(3) Contracts for Personal Services of $100,000 and over. Except as provided in Paragraph (4),
below, non-exempt personal services contracts, including contracts for Architectural, Engineering and
Surveying Services, and Related Services, for a contract amount of $100,000 or greater shall be awarded
according to the procedures described in ORS 27913.060 and OAR 137-047-0260.
(4) Certain Contracts for Architectural, Engineering and Surveying Services, and Related
Services. Contracts for Architectural, Engineering and Surveying Services, and Related Services, that are
defined by ORS 279C.110(2) shall be awarded in accordance with the procedures described in ORS 279C.110.
(5) Exempt Personal Services Contracts. Personal services contracts existing on the effective
date of these Rules are exempt and hereby extended by direct appointment. Contracts under $5,000, and
contracts for legal, underwriting, and investment, financial and insurance advising services are exempt.
EXHIBIT A TO RESOLUTION NO. 2005-039
B. Delegation.
(1) Except as otherwise provided in these rules, the powers and duties of the LCRB under the
Public Contracting Code must be exercised and performed by the Governing Body.
(2) Unless expressly limited by the LCRB or these Rules, all powers and duties given or assigned to
contracting agencies by the Public Contracting Code may be exercised or performed by the Chief Procurement
Officer, including the authority to enter into emergency contracts pursuant to ORS 279B.080.
(3) "Chief Procurement Officer" shall mean the District's Managing Board, or its designee.
C. Special Procurements and Exemptions.
(1) The LCRB may exempt from competitive bidding certain contracts or classes of contracts for
procurement of goods and services according to the procedures described in ORS 279B.085.
(2) The LCRB may exempt certain contracts or classes of contracts for public improvements from
competitive bidding according to the procedures described in ORS 279C.335. When exempting a public
improvement from competitive bidding, the LCRB may authorize the contract to be awarded using a Request for
Proposal process for public improvements, according to the processes described in OAR 137-049-0640 through
137-049-0690.
D. Small Procurements (Under $5,000).
(1) Public contracts under $5,000 are not subject to competitive bidding requirements. The Chief
Procurement Officer shall make a reasonable effort to obtain competitive quotes in order to ensure the best value
for the District.
(2) The District may amend a public contract awarded as a small procurement beyond the $5,000
limit in accordance with OAR 137-047-0800, provided the cumulative amendments do not increase the total
contract price to a sum that is greater than one hundred twenty five percent (125%) of the original contract price.
E. Intermediate Procurements.
(1) A contract for procurement of goods and services estimated to cost between $5,000 and
$150,000 in a calendar year, or a contract for a public improvement that is estimated to cost between $5,000 and
$100,000 (or between $5,000 and $50,000 for highway, bridge and other transportation project contracts) in a
calendar year, may be awarded according to the processes for intermediate procurements described in ORS
27913.070.
(2) The District may amend a public contract awarded as an intermediate procurement beyond the
stated limitations in accordance with OAR 137-047-0800, provided the cumulative amendments shall not
increase the total contract price to a sum that is greater than one hundred twenty-five percent (125%) of the
original contract price.
F. Methods for Awarding Contracts Using Request for Proposal Process.
In making an award using the request for proposal process in ORS 279B.060, the District may use any
evaluation method determined to be most appropriate for the selection process, including, but not limited to, the
EXHIBIT A TO RESOLUTION No. 2005-039
processes described in ORS 279B.060(6)(b). The evaluation process(es) to be used shall be stated in the
Request for Proposals. OAR 137-047-0261 through 137-047-0263 shall apply to evaluation of proposals.
G. Emergency Contracts.
(1) "Emergency" shall be defined as follows: "Circumstances that (a) could not have reasonably
been foreseen; (b) create a substantial risk of loss, damage, or interruption of services or a substantial threat to
property, public health, welfare or safety; and (c) require prompt execution of a contract to remedy the
condition."
(2) The Managing Board Chair or the Chief Procurement Officer shall have authority to determine
when emergency conditions exist sufficient to warrant an emergency contract. The nature of the emergency and
the method used for the selection of the contractor shall be documented.
(3) Emergency contracts may be awarded as follows:
(a) Goods and Services. Emergency contracts for procurement of goods and services may be
awarded pursuant to ORS 279B.080 and section B, "Delegation," of these Rules.
(b) Public Improvements. The District hereby adopts OAR 137-049-0150 as its contracting rules
for awarding a public improvement contract under emergency conditions.
H. Appeals of Prequalification Decisions and Debarment Decisions.
(1) Review of the District's prequalification and debarment decisions shall be as set forth in ORS
279B.425. The following additional procedures shall apply to hearings on such decisions by the Governing
Body:
(a) Notices shall be submitted in writing to the Chief Procurement Officer. Appeals filed after the
filing period stated in ORS 279B.425 shall not be heard.
(b) Upon opening of the hearing, District staff shall explain the District's decision being appealed
and the justification thereof. The appellant shall then be heard. Time for the appellant's testimony shall be
established by the Governing Body Chair. The appellant may submit any testimony or evidence relevant to the
decision or the appeal. Any party requesting time to testify in support of the appeal shall then be heard, subject
to time limits established by the Governing Body Chair.
(c) Once all testimony and evidence in support of the appeal is heard, any party requesting time to
testify in support of the District's decision shall be provided time to be heard, with time limits established by the
Governing Body Chair. Any party testifying in opposition to the appeal may submit any testimony or evidence
relevant to the decision or the appeal. Once all testimony in opposition to the appeal has been heard, the
appellant may request time to provide rebuttal testimony. At the conclusion of the rebuttal testimony, if any, the
Governing Body Chair shall close the hearing.
(d) When issued in writing according to the requirements of ORS 279B.425, the Governing Body's
decision and order shall be final.
I. Purchases from Federal Catalogs.
EXHIBIT A TO RESOLUTION NO. 2005-039
Subject to applicable LCRB approval requirements stated in the District's Contracting Rules, the
District may purchase goods from federal catalogues without competitive bidding when the procurement is
pursuant to 10 USC 381, the Electronic Government Act of 2002 (Public Law 107-347). Purchases under other
federal laws will be permitted upon a finding by the LCRB that the law is similar to such Act in effectuating or
promoting transfers of property to contracting agencies.
J. Electronic Advertising.
Pursuant to ORS 279C.360 and ORS 2798.055, electronic advertisement of public contracts in lieu of
newspaper publication is authorized when it is cost-effective to do so. The Chief Procurement Officer or
designee shall have the authority to determine when electronic publication is appropriate, and consistent with the
District's public contracting policies.
EXHIBIT A TO RESOLUTION NO. 2005-039