2008-769-Ordinance No. 2008-023 Recorded 7/29/2008REVIEW
LEGAL CO SEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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2008-76!
CLERKDS cJ 2a,769
07/29/2008 08:03:45 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 2, Chapter 2.37 of the
Deschutes County Code Relating to Public * ORDINANCE NO. 2008-023,
Contracting and Repealing Chapter 2.36
WHEREAS, Chapter 2.37 of the Deschutes County Code pertaining to public contracts requires
modifications in order to address changes in law, internal operations and new solicitation methods; and
WHEREAS, when Chapter 2.37 was first adopted, county contracting requirements were contained in
Chapter 2.36, which remained in effect until contracts then in effect expired, but is no longer needed; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 2.37 is amended to read as described in Exhibit "A" attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
st-Fikethfattgk
Section 2. REPEALED. DCC chapter 2.36 is hereby repealed in its entirety.
Section 3. EFFECTIVE DATE. This Ordinance takes effect 90 days after adoption.
PAGE 2 OF 2 - ORDINANCE NO. 2008-023 (7/9/08)
'7 "2 f4
Dated this of 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DE IS R. LUKE, Chair
ATTEES~T:
Recording Secretary
Date of 1'` Reading: day of 2008.
Date of 2°d Reading: 6O Kday of ,-2008.
61 j
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy (Baney) Melton
Michael M. Daly
Effective date: 2 day of 008.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-023 (7/9/08)
C*~~' &&::~
TAM ( NEY LTON, Vice Chair
EXHIBIT A
Chapter 2.37. PUBLIC CONTRACTING CODE [REVISEDI
2.37.010. Purpose-Statutory Authority.
2.37.020. Model Public Contract Rules.
2.37.030. Public Contract Review Board.
2.37.040. Purchasing Agent.
2.37.050. Definitions.
2.37.060. Signature Authority.
2.37:065....--- Competitive--Sealed_Proposals.
2.37.070. Class Special Procurements.
2.37.080. Exemption for Certain Personal Services.
2.37.090. Exemption from Sealed Bids or Proposals.
2.37.100. Purchases through Federal Programs.
2.37.110. Contracts for Disposal of Personal Property.
2.37.120. Contr-aet-Ameadnwnts--and--Renewal:Notice of Intent to Amend; Notice to Proceed and
Co . ac t m . istrati . on .
A n..i .
2.37.130. Qualified Pool.
2.37.140. Contested Case Procedures.
2.37.-150. Standard-Contract-Provisions.-
2. 37,160. -Competitive Electronic Auction Bidd*
2.37.010. Purpose-Statutory Authority.
The purpose of CDD 2.37 is to implement the provisions of ORS 279A, 279B and 2790, which may be
collectively referred to herein as the Public Contracting Code. This chapter shall be known as the
Deschutes County Contracting Code and may be referred to herein as "this chapter."
(Ord. 2005-010 §1, 2005)
2.37.020. Model Public Contract Rules.
Except as otherwise provided in this chapter or by rule or order of the Board, the Model Rules of Public
Contract Procedure, OAR 137, divisions 46, 47, 48 and 49, herein referred to as the Model Rules, adopted
by the Oregon Attorney Generalz as.amended in 2008, and from time to time amended, shall be the rules of
the Deschutes County Contract Review Board. Where reference is made in these rules to any provision of
the Public Contracting Code, unless this chapter provides otherwise, the corresponding provisions of the
Model Rules shall also apply.
(Ord,_2008-023x_§12008; Ord. 2005-010 §1, 2005)
2.37.030. Public Contract Review Board.
Except as expressly delegated under this chapter, or by Board Resolution, of-the Board of County
Commissioners, "Board," acting in its capacity as the governing body of the County and- or_of each and
every DesehtAes County service district, reserves to itself the exercise of all duties and authority of a
contract review board and a contracting agency under state law. Where this chapter refers to the "County,"
unless the context indicates a different meaning, the reference shall mean and include Deschutes County and
or the particular eCounty service district for which the Board is the governing body.
(Ord. 2008-023,.§I, 2008, Ord. 2005-010 §1, 2005)
Chapter 2.37 1 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
2.37.040. Purchasing Agent.
A. The County Administrator is designated as the Purchasing Agent of the County and is hereby authorized
to issue or cause to be issued all solicitations and to award all County contracts for which the contract
price does not exceed $150,000. Subject to the provisions of this chapter, the Purchasing Agent may
adopt and amend all solicitation materials, contracts and forms required or permitted to be adopted by
contracting agencies under the Public Contracting Code or otherwise convenient for the County's
contracting needs.
B. In the context of requests for County proposals the Puff acing ",.°r*aepartment director and in the case
of county service districts, each administrator.-ef director or managing board, is authorized to determine
the method of contractor selection and selection criteria, 'nelud ng ithetA l mitatier: award w Me
eempetitien designed either- to identify a elass of pr-eposefs that W! within a eempetitive Fange of W
otherwise--eliminate--from---consideration---a--class a€--lower---rani{ed--proposers;--- of ---any---o9mbirtation--af
tnetheds.
C. Notwithstanding ORS 279B.075, Tthe Purchasing Agent and in the case of county service districts, each
administrator, er director or managing board, is authorized to determine that goods or services, or
classes of goods or services, are available from only one source, ptifstiant to ORS .based
upon one or more of the following findings: (l) that the efficient utilization of existing goods requires
the acquisition of compatible goods or services, (2) that the goods or services required for the exchange
of software or data with other public or private agencies are available from only one source, (3) that the
goods or services are for use in a pilot or experimental project-, or (4) other findings that support the
conclusion that the goods or services are available from onlv one source. In making the determination
under _this _subsection _C_the_Purchasing.Aggi or_other_authorized representative _shall publish_notice_.at
least seven (7) days in advance and consider any written comments or objections At the conclusion of
the seven-day notice period written findings to justify the sole source determination shall be prepared
and placed in the contract file. A copy of such findings shall promptly be furnished to all persons who
submitted written comments or objections.
D. In the case of county service districts the director, ef -administrator_or_managing board is designated as
the purchasing agent of the district and is hereby authorized to issue all solicitations and to award all
district contracts for which the contract price does not exceed $25,000 unless otherwise specifically set
forth in the operating agreement between the County and the district. Subject to the provisions of this
chapter, the purchasing agent of the district may adopt and amend all solicitation materials, contracts
and forms required or permitted to be adopted by contracting agencies under the Public Contracting
Code or otherwise convenient for the district's contracting needs.
E. Whenever the Oregon State Legislative Assembly enacts laws that eauseor the attorney general
modifies the te--madify--its Model Rules, the County Legal Counsel shall review this chapter and
recommend to the Board any modifications required to ensure compliance with statutory changes in
state law or the Model Rules.
(Ord,_2008-023,_§1,200$;_Ord. 2005-010 §1, 2005)
2.37.050. Definitions.
The following terms used in this chapter shall have the meanings set forth below:
A. "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 County until the contract is executed by
the person and the County.
B. "Bid" means a binding, sealed, written offer to provide goods, services or public improvements for a
specified price or prices.
C. "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 County, and under which the concessionaire makes payments to the County
Chapter 2.37 2 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
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.
D. "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.
E. "Debarment" means a declaration by the Purchasing Agent or the Board under ORS 279B.130 or ORS
279C.440 that prohibits a potential contractor from competing for the County's public contracts for a
prescribed period of time.
F. "Disposal" means any arrangement for the transfer of personal property by the County under which the
County relinquishes ownership.
G. "Emergency" means circumstances that: (1) could not have been reasonably foreseen, (2) creates a
substantial risk of loss damage or interruption of services or a substantial threat to property, public
health, welfare or safety, and (3) requires prompt execution of a contract to remedy the condition
CH."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.
HI. "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.
U. "Informal solicitation" means a solicitation made in accordance with the Contracting Code and this
chapter to a limited number of potential contractors, in which the Solicitation Agent attempts to obtain
at least three quotes or proposals.
JK. "Invitation to bid" means a publicly advertised request for competitive sealed bids.
ISL. "Offeror" means a person who submits a bid, quote or proposal to enter into a public contract with the
County.
LM. "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 or
skills, and for which the quality of the service depends on attributes that are unique to the service
provider. Stieh-Personal services include, but are not limited to, the services of architects, engineers,
land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer
programmers, performers, consultants and property managers. The Purchasing Agent or the Board shall
have discretion to determine whether additional types of services not specifically mentioned in this
paragraph fit within the definition of personal services.
MN. "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.
NO. "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.
AP. "Quote" means a price offer made in response to an informal or qualified pool solicitation to provide
goods, services or public improvements.
PQ. "Request for proposals" means a publicly advertised request for sealed competitive proposals.
QR."Services" means and includes all types of services (including construction labor) other than personal
services.
RS. "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 County with respect to a proposed project,
procurement or other contracting opportunity. The word "solicitation" also refers to the process by
which the County requests, receives and evaluates potential contractors and awards public contracts.
ST. "Solicitation Agent" means with respect to a particular solicitation or contract, the County employee
charged with responsibility for conducting the solicitation and making an award, or making a
recommendation on award to a department head, the Purchasing Agent or the Board.
Chapter 2.37 3 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
TU. "Solicitation documents" means all informational materials issued by the County 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.
UV. "Surplus property" means personal property owned by the County, which is no longer needed for
use by the department to which such property has been assigned.
(Ord, 2008-023,_1,_2008Ord. 2005-010 §l, 2005)
2.37.060. Signature Authority.
A. Each County Department Head and each elected County official designated as a department head is
authorized to award competitive bids and proposals and enter into contracts in an amount not to exceed
$25,000 for each contract, provided sufficient sums are appropriated and unencumbered in the County
or, as applicable, district budget and there are sufficient cash resources available to pay the maximum
consideration set forth in each and every contract
B. The County Administrator is authorized to award competitive bids and proposals and enter into
contracts in an amount not to exceed $150,000 for any single contract, provided sufficient sums are
appropriated and unencumbered in the County budget and there are sufficient cash resources available
to pay the maximum consideration set forth in each and every contract.._For__p rposes.of this subsection
contracts shall include agreements between the county and any public entity including federal state and
local governments.
C. In determining the monetary limits of authority to enter into contracts on behalf of the County, the cost
or price for the entire term including optional renewals shall be considered
(Ord,_2008-023,_§1,2008;_Ord. 2005-010 §1, 2005)
2.37.065. Competitive Sealed Proposals.
In addition to the requirements set forth in ORS 279B.060, competitive sealed proposals shall be subject to
the following requirements:
A,___ The__Purchasing_Agent_shall_appoint.a_re_v_iew_committee_consisting_of_not_less _than three
__persons_ who
are either county staff staff of another public contracting entity, a consultant retained by the county for
such purpose or any combination of the foregoing.
B. The review committee shall utilize score sheets or otherwise grepare written notes of each committee
member's evaluation of the proposals which notes shall to the fullest extent allowed under public
records laws remain and_be.kept confidential until a contract _is_awarded _or the_solicitation _is cancelled.
C. For contracts _w_ hich_are gggjpated_to exceed $150,000. the factors to_be rated shall each be_assigned_a
scoring range based upon the relative value of such factor to the preferred selection and which the
review committee shall utilize in determining the best overall proposal
(Ord. 2008-023, §1, 2008)
2.37.070. Class Special Procurements.
A. The County may award a public contract under a Class Special Procurement pursuant to the
requirements of ORS 279B.085. Such procurements allow the County to enter into one or more
contracts over time without following the requirements of competitive sealed bidding, competitive
sealed proposals or intermediate procurements.
B. The Board of County Commissioners declares the following as classes of special procurements. Such
contracts may be awarded in any manner, which the Solicitation Agent deems appropriate to the
County'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. Manufacturer Direct Supplies. The County may purchase goods directly from a manufacturer
without competitive bidding if a large volume purchase is required and the cost from the
manufacturer is the same or less than the cost the manufacturer charges to its distributor(s).
Chapter 2.37 4 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
Procurements of this type are made on a contract-by-contract basis and are not requirements
contracts.
2. Purchase of Advertising Contracts. Contracts for the placing of notices or advertisements may be
published in any medium.
3. Contracts Up to $5,000. Contracts of any type for which the contract price does not exceed $5,000
without a record of the method of award.
4. Copyrighted Materials; Library Materials. The County may purchase copyrighted materials where
there is only one known supplier available for such goods. This includes, but is not limited to,
works of art, new books, periodicals, curriculum materials, reference materials, audio and visual
media, training materials in any media and non-mass marketed software from a particular publisher
or its designated distributor.
5. Requirements Contracts. The County may competitively select a vendor to provide specified goods
and services that are routine or repetitive over a defined contract term at particular prices even
though the precise volume or number of such purchases is not known in advance.
6. Use of Existing Contractors. When a public improvement is in need of minor alteration, or repair or-
maintenanee at or near the site of work being performed by another County contractor, the County
may hire that contractor to perform the work, provided:
a. The contractor was hired through a selection process permitted by County Code;
b. The Solicitation Agent first obtains a price quotation for the additional work from the
contractor that is competitive and reasonable;
c. The total cost of the proposed work and the original work will not exceed the Bureau of
Labor and Industries' prevailing wage threshold of $25,000; and
d. The original contract is amended to reflect the new work and is approved by the Purchasing
Agent before work begins.
7. Purchase of Used Personal Property or Equipment. The County may directly purchase used
personal property and equipment if such property is suitable for the County'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 County.
8. Hazardous Material Removal and Oil Clean-up. When ordered to clean up or remove hazardous
material__or.oil__by_the_ Oregon__Department_.of Environmental_.Quality,_.Tthe County may directly
acquire such services ta-r-erno-ve--or--clean-up-hazardous-material-or-ail from any qualified or certified
vendor when efdefed to do so by the Ofegen Department of Environmental Quality pur-stiant te its
In doing so, the following conditions apply:
a. To the extent reasonable under the circumstances, encourage competition by attempting to
obtain informal price quotations or proposals from potential suppliers of goods and services.
b. The county___Ddepartment responsible for managing or coordinating the clean-up shall prepare
and submit to the Purchasing Agent a written description of the circumstances that require it
and a copy of the DEQ order for the cleanup to the Pumhas ng ^ ge , together with a request
for contract authorization;
c. The county Ddepartment shall record
whether there was time for competition, and, if so, the measures taken to encourage
competition, the amount of the price quotations obtained, if any, and the reason for selecting the
contractor to whom award is made; and
d. The timeline for cleanup does not permit use of intermediate or formal procurement procedures.
9. Change orders, and Aamendments to contracts and price agreements. The County may execute
contract amendments and change orders, as follows:
a. An original valid contract exists between the parties;
b. The change order is within the general scope of the contract
be. Urtit-prices--or °tadd--alter-rtatts"-were--prov-ided--i-n-the--selieitatior+-document-that--estaMi-ahed-the
Chapter 2.37 5 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
the amend °~*The change order is implemented in accordance with the change provisions of
the contract
d,Theamount .of_the aggregate cost_ change__resulting__from_all_ not exceed
twenty-five (25%) of the initial contract; and
eg. -T!'= selieftafie _ doeu t provided f . stieh ,.mend.,,.. ~ The change order does not modify
the contract's terms and conditions except to reflect a change in:
(i)the amount of payments;
(ii)..technical_specifications,_time__of deliyery,.place_of delivery, form_ of deliyeryx__quantity_ or
manufacturer of services or goods;
iii completion date of the project
(iv) any combination of the foregoing under the Contract; and
(v) - the amounts of any applicable performance and payment bonds are proportionally
increased. er
d.
with--GR-S 279-B:-080 ,--or-
ef-the-sue~ess&l--bid-or-proposal;-or
d.€ Contract change orders are authorized under this subsection where Tthe original contractor is
allegedly in default and the contractor's surety can provide substitute performance pursuant to
the original contract to complete or correct the work at hand.
10. Concession Agreements. Contracts entered into by the Fair and Expo Center which grant a
franchise or concession to a private entity or individual to promote or sell, for its own business
purposes, specified types of goods or services from all or a portion of the fairgrounds and under
which the concessionaire or promoter makes payments to the Fair and Expo Center based, at least in
part, on the concessionaire's revenues from sales or the value of such promotion to the sponsor's
business, whether on or off the fairgrounds property. The Director of the Fair and Expo Center
shall, subject to approval of the Deschutes County Fair Board, prepare and implement selection
criteria, based upon the proprietary nature of the Fair and Expo Center. A Concession Agreement
does not include an agreement, which represents a rental, lease, license, permit or other arrangement
for the use of public property. The Fair and Expo Center Director may award concession
agreements in connection with the annual fair by any method deemed appropriate by the ;Director,
including without limitation, by direct appointment, private negotiation, from a qualified pool, or
using a competitive process.
44: Rublie-improvement--contracts--f-on-up-t-&-$100- 000- -or--mot-t-e-exceed-$30;000-ir}-the-oase--of-c-entr-acts
pfeeufemefft pfeeess undef 2003 Oregen Laws, ehapter- 794, 132 and 133. See OAR 137 049
0160. This pfevisien shall stipvive the sttnse~ ef 2003 Ofegeft Laws, ehaptef 7-94, § .
121. 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.
132. Abandoned, Seized and Non-Owned Personal Property. Contracts or arrangements for the sale
or other disposal of abandoned, seized or other personal property not owned by the County at the
time the County obtains possession are not subject to competitive procurement procedures.
143. Sponsorship Agreements. Sponsorship agreements, under which the County receives a gift,
donation or consideration in exchange for official recognition of the person making the donation or
payment may be awarded by any method deemed appropriate by the County, including without
limitation, by direct appointment, pfivate-negotiation, from a qualified pool, or using a competitive
process.
Chapter 2.37 6 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
1-54. 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.
165. Temporary Extensions or Renewals. Contracts for a single period of one year or less, for the
temporary extension or renewal of an expiring and non-renewable, or recently expired, contract,
other than a contract for public improvements.
176. Temporary Use of County-Owned Property. The County may negotiate and enter into a
license, permit or other contract for the temporary use of County-owned property without using a
competitive selection process if
a. The contract results from an unsolicited proposal to the County 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 County's use of the property and the
public interest; and
c. The County reserves the right to terminate the contract without penalty, in the event that the
County determines that the contract is no longer consistent with the County's present or
planned use of the property or the public interest.
17. Event agreements between the Fair and Expo Center and private parties which represent a rental
lease, license, permit or other arrangement for the use of a portion of the fairgrounds property
whether a fee is paid or not.
_18,..Franchises for cable _television _andfor_ collection. and_disposal_or processing of solid_waste and
,
1ppy.g able_material_
19. Leases and revocable permits for use of county-owned real property, including right-of-way_
20. Contracts for pa ear products which are specified to be used in conjuction with the County Clerk's
election ballot tabulation equipment.
21. Collective bargaining agreements
22,_. Contracts-with. areahumane societies. which-_ggAggily. involve- receipt,--care---for--and disposition-of
stray domestic animals.
(Ord,_2008-023,__§l,_2008;_Ord. 2005-010 §l, 2005)
2.37.080. Exemption for Certain Personal Services.
A. The County may award contracts for personal services, as defined in DCC 2.37.050, under the
procedures of ORS 27913.050 to 27913.085 and the Model Rules which implement such statutes, or
subsection B of this section without following the selection procedures set forth elsewhere in the Model
Rules.
B. Direct Appointment. In any of the following circumstances a qualified provider of personal services
may be appointed under any method deemed in the County's best interest by the Solicitation Agent,
including by direct appointment.
1. Under circumstances which could not reasonably have been foreseen which create a substantial risk
of loss, damage, interruption of services or threat to the public health and safety and require the
prompt performance of the services to remedy the situation; or
2. Where the estimated fee does not exceed $25,000 in any fiscal year or $150,000 over the full term,
including optional renewals; or
3. Contracts of not more than $150,000 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
Solicitation Agent determines that use of the original contractor will significantly reduce the costs
of or risks associated with the work.
4. Contracts for maintenance, repair and technical support for computer hardware, software and
networking systems.
5 ,►,ro.,+.,, Heal Services provided by a psychologist, psychiatrist or psychiatric nurse practitioner.
Chapter 2.37 7 (43/2008.5)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
C. Direct appointment pursuant to this section shall be competitive to the extent practicable and may be
based upon criteria which include without limitation the provider's experience, available resources, the
project's location and the provider's pricing.
D. The County may select a provider of personal services under this section from a qualified pool, or from:
1. The County's current list of qualified providers;
2. From another public contracting agency's current list of qualified providers pursuant to an
intergovernmental agreement; or
3. From among all qualified providers offering the necessary services that the County can reasonably
locate under the circumstances.
E. Design Build or Construction Manager/ General Contractor. 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
Board or its designee, upon application of the Purchasing Agent, in which the Purchasing 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 County.
(Ord. 2008-023, &1, 2008; Ord. 2005-010 §1, 2005)
2.37.090. Exemption from Sealed Bids or Proposals.
In addition to the contracts not subject to the Public Contracting Code, pursuant to ORS 279A.025, and
contracts which are exempt from competitive bidding and proposal requirements under this chapter,
contracts may be awarded as follows:
A. Contracts, other than contracts for personal services, may be awarded without competitive sealed bids
under ORS 279B. 055 and without competitive sealed proposals under ORS 279B.060, pursuant to ORS
27913.065, 279B.070, 279B.075, 27913.080, or 279B.085 and the Model Rules for the following classes
of cases:
1. The Purchasing Agent determines that an Eemergency condition exists which requires prompt
execution of a contracts. The determination shall be made prior to execution of a contract and part
of the_acduisition record,-Exemption under this.paragraph sha11_include_exemption_from bid--security
and__ Ay_ment and_performance_bond. requirements__.An_amendment to_any contract__entered_into
pursuant to this paragraph shall be approved in accordance with required procurement procedures
2. Contracts under $5000 need not be awarded competitively.
3. Contracts exceeding $5000 but not exceeding $75,000, where competitive quotes or proposals are
obtained.
4. Contracts exceeding $75,000, but not exceeding $150,000, where competitive written quotes or
proposals are obtained.
B. Where a contract is awarded under this paragraphs 3 or 4 of subsection A of this section, the department
awarding the contract shall obtain at least three (3) informally solicited quotes or proposals, if possible;
shall document in its records the quotes and proposals received, and if fewer than three, the effort that
was made to obtain quotes or proposals.
6-A quote or proposal received by telephone shall be considered a written quote when it is recorded in
records of the County. A quote or proposal received by email shall be considered a written quote or
proposal when it is received by the County.
CD.If a contract is awarded under this section, the County shall award the contract to the offeror whose
quote or proposal will best serve the County's interests, taking into account price, as well as,
considerations including, but not limited to experience, expertise, product functionality, suitability for a
particular purpose and contractor responsibility under ORS 279B. 110.
D The Board may approve a contract specific special procurement if it finds after giving notice pursuant to
ORS 279B.055(4) that a written request submitted by the Purchasing Agent demonstrates that the use of
a special procurement as described in the request or in alternative procedures described by the
Purchasing Agent will:
Chapter 2.37 8 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
1. Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish
competition_for_public contracts and
2.. _Is reasonably expected_to_result _in1Jsubstantial. cost _savings_to__the_county__or_to_the__vublic,__or
otherwise substantially promote the public interest in a manner that could not practicably be
realized by complying with requirements that are applicable under ORS 27913055 279B 060
27913.065 or 27913.070.
E. Unless otherwise provided in the contract or purchase order, the provisions of Section 2 37 150 shall
apply__toall contracts _entered _into _psuuanto this_section..
{Ord. 2008-023,__§ 1_, 2008)
2.37.100. Purchases through Federal 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
section.
A. 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
Agent or the Board. The Solicitation Agent shall provide the Purchasing Agent with a copy of the
letter, memorandum or other documentation from GSA establishing permission to the County to
purchase under the federal program.
B. The price of the goods or services must be established under price agreements between the federally
approved vendor and GSA.
C. 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 County.
D. If a single purchase of goods or services exceeds $150,000, 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 County. This
subsection does not apply to the purchase of equipment manufactured or sold solely for military or law
enforcement purposes.
(Ord,_2008-023_,._§1_,.2008; Ord. 2005-010 §1, 2005)
2.37.110. Contracts for Disposal of Personal Property.
A. General Methods. Except as otherwise provided in subsection E of this section, &surplus property may
be disposed of by any of the following methods upon a determination by the Solicitation Agent that the
method of disposal is in the best interest of the County. Factors that may be considered by the
Solicitation Agent include costs of sale, administrative costs, and public benefits to the County. 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.
1. Governments. Without competition, by transfer or sale to another County department or public
agency.
2. Auction. By publicly advertised auction to the highest bidder.
3. Bids. By publicly advertised invitation to bid.
4. Liquidation Sale. By liquidation sale using a commercially recognized third-party liquidator
selected in accordance with rules for the award of personal services contracts.
5. 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.
6. 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.
Chapter 2.37 9 (03/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
7. Donation. By donation to any organization operating within or providing a service to residents of
the County 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.
B. Disposal of Property with Minimal Value. Surplus property which has a value of less than $500, 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. The official making the disposal shall make a
record of the value of the item and the manner of disposal.
C. Personal-Use Items. An item (or indivisible set) of specialized and personal use with a current value of
less than $100, other than police officer's handguns which may exceed $100 in value, 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 Agent
or the Board.
D. Restriction on Sale to County Employees. County 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.
E. The provisions of this section are in addition to other methods of disposition of surplus county property
provided by DCC chapter 2.70 and ORS 475A or analogous provisions of federal law.
(Ord,-2008-023,-.§1.,_2008;.Ord. 2005-010 §1, 2005)
2.37.120. Contr-aet-Amendments--a-nd-Renewal:
may be w..vuuvu in aeeer-danee .
1. OAR 137 047 0800,----ef
-2 Where--additional--goods-oH--ser-vie-es--are--te•-be-purehased--e-ven-thoug-li-the--or-igirtal-,c-eatraet-,lid-not
;de nit
3. May hia. &:1r- a Single tefm not to ex-eeed one year,
exeeed $150,000 (OAR 137 047 0270), bttt *e4 fnefe than 0
(OAR ...137-04-7-02-65); -but--the unitilati-vo--amendments---shall--not---increase--the--total-contract---pfieo--to
gr-eatef d via $6,000.
1 005 010 §1,
Notice of Intent to Award; Notice to Proceed and Contract Administration
A. At least seven (7) days before the award of a public contract unless the Purchasing Agent or the Board
determines that seven days is impractical, the Purchasing Agent shall post on the county's website or
provide each bidder or proposer notice of the county's intent to award a contract This subsection does
not apply to a contract awarded as a small procurement under ORS 279B 065 an intermediate
procurement under_ORS__279B:070. a_sole-source..pr-------------------------------------------- t._S_279B,075,_an.emer ency,
procurement under ORS 279B 080 or a special procurement under O9B 085
B. Unless a timely protest is received and after issuing notice in accordance with subsection A of this
section, if required, the Purchasing Agent shall prepare a contract in accordance with the contractor
selection results and furnish same for the contractor's execution.
C. After the contractor has executed . the contract and furnished _bondsJf_required,_and_proofs. of insurance.
the Purchasing_AZ,ent-shall__execute_the contra ct,_if within the_Purchasing_A iq _authonty,_ or submit
same to the Board for approval.
D. If the Board approves the contract, it shall adopt an order or otherwise authorize the Purchasing Agent
to execute the contract and to approve change orders within the scope of 2.37.080.B.9 or amendments
within the scope of the project for which the contract has been prepared
Chapter 2.37 10 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
E. The contractor shall not begin work under the contract until the contract is fully executed and in the case
of_public_works _ contracts the county has issued and delivered a Notice to Proceed,.
F,_____For_purchases_ of oods the_county_may__indicate_in the solicitation that the_selected _.contractor _will _be
issued a .purchase order, which refers to 2 37 150 for required contract terms
(Ord. 2008-023, §1, 2008)
2.37.130.. Qualified Pool.
A. General. To create a qualified pool, the Purchasing Agent or Board may invite prospective contractors
to submit }their "alifieationsproposals to the County 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.
B. 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 re-published at least once
per year and shall be posted at the County's main office and on its website.
C. 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 County.
The solicitation may provide that proposals will be evaluated and decisions over participation will be
made _.based_.upon proposers...meeting,__minimum___qualifications, as___well___as___the____priceor_ rate of
compensation for particular services in the county's best interest
D. The operation of each qualified pool may be governed by the provisions of a peel-retainer contract to
which the County and all-each qualified pool participants is a are partyies. The Contract shall contain or
incorporate by reference all terms required by the County, including, without limitation, *°H"S F"'"*°a to
price, performance, business registration or licensure, continuing education, equipment~_staff resourcesz
insurance, required..standard.contract_terms_as__set_forth_in_Section 2,37,150 and requirements for the
submission, on an annual or other periodic basis, of evidence of continuing qualification. The-qualifted
peel eentmet shall desefibe the seleetien preeedur-es that the Ceunty may use to issue eentr-ac4 Job
erders:-The selection procedures shall be objective and open to all qualified pool participants and afford
all participants the opportunity to compete for or receive job awards. Unless expressly provided in the
retainer contract, participation in a qualified pool will not entitle a participant to die-an-award of any
County contract. The county will refer to the qualified pool participants or any subset of such pool
established by the County in determining when particular services are needed and select the most
appropriate participant for award of a contract which may be based upon County solicitation of
additional competitive proposals.
E. Use of Qualified Pools. Subject to the provisions of these regulations concerning methods of
solicitation for classes of contracts, the Solicitation Agent or the Board shall award all contracts for
goods or services of the type for which a qualified pool is created from among the peel's-qualified
participants, unless the Solicitation Agent or the Board determines that best interests of the County
require ec..ci,at.on oy-PaoeR„er6-Jemen,,traditional solicitation, in which case, pool participants shall
be notified of the solicitation and invited to submit competitive proposals.
F. Amendment and Termination. The Purchasing Agent or the County 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.
G. Protest of Failure to Qualify. The Purchasing Agent shall notify any applicant who fails to qualify for
participation in a pool that it may appeal a qualified pool decision to the Board in the manner described
in section 2.37.140.
Chapter 2.37 11 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
(Ord,_2008-023§1~ 2008; Ord. 2005-010 §1, 2005)
2.37.140. Contested Case Procedures.
A. Any person who has been debarred from competing for County contracts or for whom prequalification
has been denied, revoked or revised, or who would be entitled under the Public Contracting Code and
who wishes to file a protest must appeal the County's decision to the Board as provided in this section.
The Board may conduct a de novo hearing or appoint a hearing officer to conduct such a hearing and
recommend a decision, in which case the Board shall consider the matter on the record developed by the
hearing officer, and, if specifically allowed by the Board, on de novo review or limited de novo review.
B. For purposes of this section, "Party" means:
1. Each person entitled as of right to a hearing before the Board;
2. Each person named by the County to be a party; or
3. Any person requesting to participate before the agency as a party or in a limited party status which
the County determines either has an interest in the outcome of the County's proceeding or
represents a public interest in such result.
C. Filing of Appeal. The person must file and the County must receive a written (hard copy, not fax or
electronic notice of appeal with the Purchasing Agent no later than wM thee seven 7 mess-days
after the prospective contractor's receipt of notice of the a teftninafien of debafinent of denial o
pregi+alifieationer-after the--County's decision which is the subject of the protest. If the seventh day falls
on a Saturday, Sunday or legal holiday, the deadline shall be extended to the next regular business day.
The notice of the County's decision shall be deemed received no later than three (3) days after the date
on which the County makes the decision Except as otherwise provided in this section, the contents and
filing of protests shall be in accordance with the Public Contracting Code (ORS 27913.400 to 27913.425)
and the Model Public Contracting_Rules (OAR 137-047-0700 to 137-047-0800).
D. Parties may elect to be represented by counsel and to respond and present evidence and argument on all
issues involved.
E. Unless precluded by law, informal disposition may be made of any case by stipulation, agreed
settlement, consent order, default or written agreement.
F. Members of the Board er heaf* e shall place on the record a statement of the substance of any
written or oral ex parte communications on a fact in issue made to the member--&Y o= during the
pendency of the proceeding and notify the parties of the communication and of their right to rebut such
communications.
G. The record in support of a decision shall be made at the time set for hearing or any extension thereof
approved by the Board-^f~~ . Testimony may be given without oath or affirmation. Cross-
examination of witnesses by parties shall not be allowed. Provided however, the Board--ems
off-seer may question any witness appearing before it. A verbatim oral, written or mechanical record
shall be made of all motions, rulings and testimony. The Board--- of ---hearing -effieer- presiding at the
hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts
necessary for consideration of all issues properly before the presiding officer. The record need not be
transcribed unless requested for purposes of court review. The party requesting transcription shall pay
the cost thereof unless the Board e ' e inZg-effieer- determines on affidavit the indigence of the
requesting party.
H. Evidence in contested cases. In contested cases:
1. Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on
evidence shall not preclude action on the record unless shown to have substantially prejudiced the
rights of a parry. All other evidence of a type commonly relied upon by reasonably prudent persons
in the conduct of their serious affairs shall be admissible. The Board and hearing effiee7 shall give
effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and
shall be noted in the record. Any part of the evidence may be received in written form.
2. All evidence shall be offered and made a part of the record in the case, and except for matters
stipulated to and except as provided in paragraph (4) of this subsection, no other factual information
Chapter 2.37 12 (0,3/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
or evidence shall be considered in the determination of the case. Documentary evidence may be
received in the form of copies or excerpts, or by incorporation by reference. The burden of
presenting evidence to support a fact or position in a case rests on the proponent of the fact or
position.
3. Every party shall have the right to submit rebuttal evidence.
4. The Board er- hearing °may take notice of judicially cognizable facts. Parties shall be notified
at any time during the proceeding but in any event prior to the final decision of material officially
noticed and they shall be afforded an opportunity to contest the facts so noticed.
5. Cross-examination of witnesses is not allowed however questions may be tendered to the chair
who may then direct all or some of such questions to a witness
1. Costs. The Board may allocate the County's costs for the hearing between the appellant and the County.
The allocation shall be based upon facts found by the Board and stated in the Board's decision that, in
the Board's opinion, warrant such allocation of costs. If the County does not allocate costs, the costs
shall be paid by the appellant, if the decision is upheld, or by the County, if the decision is overturned.
J. The Board shall issue a written, proposed final order, including findings of fact and conclusions of law,
and furnish a copy thereof on all parties. The proposed order shall become final no later than seven (7)
days following the date of the proposed order, unless the Board within that period issues an amended
order.
{Ord,- 2008-023,_ § 1,- 2008; Ord. 2005-010 §1, 2005)
2.37.150. Standard Contract Provisions.
A. Except as otherwise provided in the solicitation document or otherwise approved by the Purchasing
Agent or County Legal Counsel the following standard public contract provisions shall be included
expresslyt by reference.or_by_URL hyperlink where appropriate,_in every contract of the County,.
1. Contractor shall make payment promptly as due to all persons supplying to such contractor labor
or material for the prosecution of the work provided for in the contract, and shall be responsible for
payment to such persons supplying labor or material to any subcontractor.
2. Contractor shall pay promptly all contributions or amounts due to the State Industrial Accident
Fund _and_the_State Unemplovment_ Compensation Fund .from _contractor__or_any___subcontractor_in
connection with the performance of the contract.
3. Contractor shall not permit any lien or claim to be filed or prosecuted against the County on account
of any labor or material furnished shall assume responsibility for satisfaction of any lien so filed or
prosecuted and shall defend against indemnify and hold County harmless from any such lien or
claim.
4. Contractor and_any_subcontractor_shall_pa-yto.the_Department.of Revenue all sums withheld from
- -
employees pursuant to ORS 316.167
5. For public improvement and construction contracts only, if contractor fails neglects or refuses to
make prompt payment of any claim for labor or services furnished to the contractor or a
subcontractor by any person in connection with the public contract as such claim becomes due the
County may pay such claim to the person furnishing the labor or services and charge the amount of
the..payment_against_funds__due__or_tobecome due_the.contractor __by__reason_of the_contract. The
payment of a claim in a manner authorized hereby shall not relieve the contractor or its surety from
the obligation with respect to any unpaid claim If the County is unable to determine the validity of
any claim for labor or services furnished the County may withhold from any current payment due
contractor an amount equal to said claim until its validity is determined and the claim if valid is
paid_by___the_.contractoror. the_ County,__There_shallbe. no_final _acceptance__of thework - under the
contract until all -such claims have been resolved.
6. Contractor shall make payment pr omptly as due to any person co-partnership, association or
corporation furnishing medical surgical hospital or other needed care and attention incident to
sickness or iniury to the employees of contractor, of all sums which the contractor agreed to pay or
Chapter 2.37 13 ((13/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
collected or deducted from the wages of employees pursuant to any law, contract or agreement for
the_purpose_of proyiding_pay-ment_ for such service.
7. With certain exception s_listed below. contractor shall_not_require_or_permit any_person_to_work_more
than 10 hours in any one day, or 40 hours in any one week except in case of necessity, emergency,
or where public policy absolutely requires it and in such cases the person shall be paid at least time
and a half for:
a. All overtime in excess of eight hours a day or 40 hours in any one week when the work week is
five consecutive days,_Monday__through.Friday,_or
b. All overtime in excess of 10 hours a day or 40 hours in any one week when the work week is
four consecutive days, Monday through Friday, and
c. All work performed on the day specified in ORS 279130200) for non-public improvement
contracts or ORS 279C.540(1) for public improvement contracts
For personal service contracts as designated under ORS 279A.055, instead of (a) and (b) abovea
laborer shall_be_vaidat_least.time.and a half for all. overtimeworked_in_excess _of_40 hours_in any
- - - - -
one week, except for individuals under these contracts who are excluded under ORS 653.010 or
653.261 or under 29 USC Sections 201 to 209, from receiving overtime
Contractor shall follow all other exceptions pursuant to ORS 279B 235 (for non-public
improvement contracts) and ORS 279C.540 (for improvement contracts), including contracts
involv__ing collectiv__e_bargaining..agreements,.contracts.for_services.and.contracts_for_fire_prevention
and. suppression:_This__paragraph 7 .does not apply to contracts__for purchase. of goods_or personal
property.
Contractor must give notice to employees who work on a public contract in writing either at the
time of hire or before commencement of work on the contract or by posting a notice in a location
frequented by employees of the number of hours per day and days per week that the employees
may be_required_to.work.
8. The hourly rate of wage to be paid by any contractor or subcontractor to workers u op n all public
works shall be not less than the gp licable prevailing rate of wage for an hour's work in the same
trade or occupation in the locality where such labor is performed in accordance with ORS
279C.800 to ORS 279C.850. For projects covered by the federal Davis-Bacon Act (40 USC 276a),
contractor and subcontractor shall pay workers the higher of the state or federal prevailing rate of
wage,,
9. The contractor, its subcontractors if any and all employers working under the contract are subject
employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, or
otherwise be exempt under ORS 656.126.
10. As to public improvement and construction contracts Contractor shall comply with all applicable
federa1,__state. and__locallaws _and_regulations. includin-g_but_.not_limited .to.these_dealing__with the
prevention. of _environmentalhution and_the .preservation of_naturalresources thataffect_the
performance of the contract. Entities which have enacted such laws or regulations include the
following: Federal: Department of Agriculture Forest Service Soil Conservation Service Army
Corps of Engineers, Department of Energy Federal Energy Regulatory Commission
Environmental Protection Agency, Department of Health and Human Services, Department of
Housing and__UrbanDevelopment,__Solar Energy and Energy_.Conservation Bank Department of
Interior, Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of
Reclamation, Geological Survey Minerals Management Service U.S. Fish and Wildlife Service
Department of Labor, Mine Safety and Health Administration Occupational Safety and Health
Administration, Department of Transportation Coast Guard, Federal Highway Administration,
Water Resources Council, and Department of Homeland Security State: Department of
Administrative ....Services,_-_Department_-_ofculturei___ColumbiaRiver____Gorge___ Commission,.
Department of Consumer and Business Services Oregon Occupational Safety and Health Division
Department of Energy Department of Environmental Quality Department of Fish and Wildlife
Department of Forestry, Department of Geology and Mineral Industries Department of Human
Resources, Department of Land Conservation and Development Department of Parks and
Chapter 2.37 14 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
Recreation, Soil and Water Conservation Commission State Engineer Department of
Transportation,..State_Land_Board,__Water__Resources_. Department_Loca_L___. City Councils,_. County
Boardsof Commissioners,___County___Service__ Districts S an anitary__Districts, Water Districts, Fire
Protection Districts, Historical Preservation Commissions d Planning Commissions
If new or amended statutes ordinances or regulations are adopted or the contractor encounters a
condition not referred to in the bid document not caused by the contractor and not discoverable by
reasonable site inspection which requires compliance with federal state or local laws or regulations
dealing with the-prevention of environmental_pollution.or_the_preservation of natural resources, both
the County and the contractor shall have all the rights and obligations specified in ORS 279C 525 to
handle the situation.
11. The contract may be canceled at the election of County for any substantial breach willful failure or
refusal on the part of contractor to faithfully perform the contract according to its terms The Count/
may terminate the contract by written order or upon request of the contractor, if the work cannot be
COmpleted_fOr_ reasonS_beyOnd_the control of either the. contractor or the County, _or_ for any.. reason
considered to be in the public interest other than a labor dispute or by reason of an,, t~party
judicial proceeding relating to the work other than one filed in regards to a labor dispute and when
circumstances or conditions are such that it is impracticable within a reasonable time to proceed
with a substantial portion of the work In either case for public improvement contracts if the work
issuspended- butthe contract not_. terminated,.. the__contractor _ is ..entitled.. to a re asonable__time
.
extensions_costsx_and_overhead__per ORS 2970 655Unless otherwise stated in the contractz_if the
contract is terminated, the contractor shall be paid per ORS 279C.660 for a public improvement
contract.
12. If the County does not appropriate funds for the next succeeding fiscal year to continue payments
otherwise required by the contract the contract will terminate at the end of the last fiscal year ar for
which. payments__have_been appropriated,.. The__County___ will. notify___the_ contractor of such non-
appropriation not later than 30 days before the be rg~nning of the year within which funds are not
appropriated. Upon termination pursuant to this subsection the County shall have no further
obligation to the contractor for payments beyond the termination date This provision does not
permit the County to terminate the contact in order to provide similar services or goods from a
different contractor.
13,_.By__execution_of the contract,_contractor certifies,_under_penalty_of perjury that:
To the best of contractor's knowledge contractor is not in violation of any tax laws described in
ORS 305.380(4), and
b. Contractor has not discriminated against minority, women or small business enterprises in
obtaining any required subcontracts
ontractor.prepared. its. bid. or_proposal related.to_this..Agreement_independently from all other
bidders or_proposers,_ and.without collusion, fraud.or other dishonesty..
14. Contractor agrees to prefer goods or services that have been manufactured or produced in this State
if price, fitness, availability or quality are otherwise equal
15. Contractor agrees not to assign the contract or any _payments due under the contract without the
proposed assignee being first approved and accepted in writing _by the County
16_Contractor__ag_rues__to__make__all_pro_v__isions_of thecontract with the__County__applicable__to__any_
subcontractor performing work under the contract
17. The County will not be responsible for any losses or unanticipated costs suffered by contractor as a
result of the contractor's failure to obtain full information in advance in regard to all conditions
pertaining to the work.
18. All modifications and amendments to the contract shall be effective only if in writing and executed
by.both-parties:
19. The contractor certifies he or she has all necessary licenses permits or certificates of registration
(including Construction Contractor Board registration or Landscape Contractor Board license if
applicable), necessary to perform the contract and further certifies that all subcontractors shall
likewise have all necessary licenses, permits or certificates before performing any work The failure
Chapter 2.37 15 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
of contractor to have or maintain such licenses permits or certificates is grounds for resection of a
-__ior immediate termination_ofthe_contract,
20_.-__Unless otherwise provided,_data.which originates_from_the.contract _shall ,be_`_`works__for.hire"
as
defined by the U.S. Copyright Act of 1976 and shall be owned by the County. Data shall include
but not be limited to, reports documents pamphlets advertisements books magazines surveys
studies, computer programs films tapes and/or sound reproductions Ownership includes the right
to copyright, patent, register and the ability to transfer these rights. Data which is delivered under
the__contracttbut-- which-- does--- not__originate..therefrom--- shall.betransferred__to_the__County_with a
- -
nonexclusive, royalty-free irrevocable license to publish translate reproduce deliver, perform
dispose of, and to authorize others to do so; provided that such license shall be limited to the extent
which the contractor has a right to grant such a license The contractor shall exert all reasonable
effort to advise, the County at the time of delivery of data furnished under the contract of all
known or potential invasions of privacy contained therein and of any portion of such document
which-- was_no_t produced_in_the performance__of the _.Gontract,__The__Count_v_ shall receive prompt
written notice of each notice or claim of copyright infringement received by the contractor with
respect to any data delivered under the contract The County shall have the right to modify or
remove any restrictive markings placed upon the data by the contractor.
21. If as a result of the contract the contractor produces a report paper publication, brochure pamphlet
or. other .document onpaper.which _uses more _than a_total 500 pages of 8 % ' by---11" pper th
----e.
contractor_shall_use recycled__paper with at least_25%post-consumer_content _which _meet
s---printing
specifications and availability requirements In all other cases Contractor shall make reasonable
efforts to use recvcled materials in the performance of work required under the contract
22. Unless otherwise provided in the contract approved b county legal counsel or in the bid
documents, the current editions of the Oregon Standard Specs cations for Construction adopted by
the .St-------------------- te reg9n~ and-the--Manual on--Un form fic Control Devices, shall be applicable to all
-
road construction projects.
23. As to contracts for lawn and landscape maintenance the contractor shall salvage recycle compost
or mulch yard waste material in anapproved site if feasible and cost-effective
24. When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000
the contractor shall promptly _report to the Department of Revenue on forms to be provided by the
department the total contract,_priGe, term s_ofpayment,.length.ofctontract and_such other information
as the department may require before the County will make final payment on the contract
25. In the event an action lawsuit or proceeding including, appeal therefrom is brought for violation of
or to interpret any of the terms of the contract each party shall be responsible for their own attorney
fees, expenses, costs and disbursements for said action lawsuit proceeding or appeal
26 --Contractor is not.carrying out a f niction_on_behalf of County,.and_County. does not have--the right.
of direction or control of the manner. in which Contractor_delivers_ services under the_Contract _or
exercise any control over the activities of Contractor Contractor is not an officer, employee or
agent of County as those terms are used in ORS 30.265. Contractor covenants for itself and its
successors in interest and assigns that it will not claim or assert that Contractor is an officer,
employee or agent of the County, as those terms are used in ORS 30.265.
27..Contractor ----shall _adhere t9and_.enforce a_ zero --tolerance
__policy_for_the__use__of .alcohol. and__the
unlawful selling, possession or use of drugs while performing work under the Contract
28. The Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI
Section 10, of the Oregon Constitution and is contingent upon funds being appropriated
therefore. Any provisions herein, which would conflict with law, are deemed inoperative to that
extent.
29,-- Contractor_shall_ comply_with_all _federal,__state, and. local--laws,--regulations,_executive_orders_ and,
ordinances applicable to the Contract. Without limiting the --generality of the foregoing,
Contractor expressly agrees to comply with the following laws regulations and executive orders:
a) Titles VI and VII of the Civil Rights Act of 1964, as amended-
b) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended•
Chapter 2.37 16 (0-3/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
_________________c) the Americans with Disabilities Act of 1990, as amended and ORS 659A.112 through
659___ :139;
d)___.Executiv__e.Order_11246,_as amended;
e) the Health Insurance Portability and Accountability Act of 1996•
fl the Age Discrimination in Employment Act of 1967, as amended and the Age Discrimination
Act of 1975, as amended;
_______________g) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended,
hj____.ORS. Chapter_659Az as.amended;,
i) all regulations and administrative rules established pursuant to the foregoing laws, an
d
__________________j) all other applicable requirements of federal and state civil rights and rehabilitation statutes
rules and regulations.
The above listed laws, regulations and executive orders and all regulations and administrative
rules established pursuant to those laws are incorporated by reference herein to the extent that
they_are_applicable to the Contractor required_by_law to be_so_incorporated._
30. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft Protection
Act (ORS 646A.600 et seq.).
(Ord. 2008-023, & 1 2008)
2.37.160. Competitive Electronic Auction Bidding„
A. The County may utilize electronic or online solicitation subject to the provisions of this Code for the
purchase of goods as provided in this section Any of the steps provided in this section prior to award
of a contract may be accomplished through the use of an agent The objective of this procurement
method is to inform suppliers prior to the close of an auction what the current low bid is and enable
such suppliers t0 submitadditional_lower bids__prior_to the close ofbidding oraward_of the contract.
B. An invitation to bid (ITB) pursuant to this section shall be issued and shall include a procurement
description and all contract terms either expressly or by reference including without limitation a
description of the property to be purchased required specifications number of units warranties
delivery date and location the pool of potential suppliers the method by which prospective offerors
register_with _the_county and.any_prequalification_requirements,_the.county_representative's_name_and
contact__ information _and the__ timeframe__for which theauction will . be open_ to _ bids The_ ITB _shall
include notice that bids will be received in an electronic auction manner.
C. The Solicitation must designate both an opening date and time and a closing date and time The
closing date and time need not be a fixed point in time but may remain dependant on a variable
specified in the solicitation. At the opening date and time the county must begin accepting real time
electronic _offers. _.The_solicitation_must_remain_open_until_the and time. The_county_may
require offerors to register and pre-qualify before the opening date and time and as a part of that
registration, to agree to the terms conditions or other requirements of the solicitation Following
receipt of the first offer after the opening date and time the lowest offer price or, if proposals are
accepted, the ranking of each proposal (without disclosing the identity of the proposer), must be
posted electronically to the internet and updated on a real time basis At any time before the closing
date _and__time,__an_offeror.may_lower__the_price__of_its_.offer or revise itsproposalexcep
__t_that after
opening date and time an offeror may not lower its price unless that price is below the then lowest
offer. Offer prices may not be increased after opening. Except for offer prices offers may be modified
only as otherwise allowed by these rules or the solicitation document
D. Withdrawal of bids may be allowed in accordance with OAR 137-047-0470 (Mistake). If an offer is
withdrawn,_no__later_offer__ submitted__by__ the _same offeror y___b e_. for__a __higher __price,__If --the--lowest
responsive offer is withdrawn affter_the closing_date and_time, the county_may cancel the_sohcitation
or reopen-the. solicitation to all pre-existing offerors by giving notice to all pre-existing offerors of
both the new opening date and time and the new closing date and time Notice that electronic
solicitation will be reopened must be given as specified in the solicitation document
Chapter 2.37 17 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)
E. Failure of the electronic procurement system. In the event of a failure of the electronic procurement
system that_interferes_withthe_ability.of offerors _to_submit o_ffersprotestx or to otherwise meet the
requirements _of the procurement,
the county may cancel the solicitation or_may extend the solicitation
by providing notice of the extension immediately after the system becomes available.
F. At the conclusion of the auction the records of bids received and the identity of each bidder shall be
open to public inspection.
G. The contract shall be awarded within 60 days by written notice to the lowest responsible bidder.
EXtens onsof the_date _of the. award_may_he_made_by mutual written consent of the contracting officer
and the low bidder. County may reject any proposals not in substantial compliance with all prescribed
procedures and requirements and may reject for-good cause any or all proposals upon a finding that
it is in the public interest to do so.
.(Ord, 2008-023z_~1,2008)
Chapter 2.37 18 (43/20085)
Exhibit A - Ordinance 2008-023 - Public Contracting (7/9/08)