Ordinance No. 01-02 x
CITY OF TIGARD,OREGON
ORDINANCE NO.01- C7
AN ORDINANCE REVISION OF ORDINANCE 96-09 EXHIBIT "A" SECTION 10.060,
REQUIREMENT CONTRACTS AND SECTION 70.010 PERSONAL SERVICE CONTRACTS
WHEREAS,The City Council approved Ordinance 96-09 on February 27, 1996,which established
purchasing rules of the Local Contract Review hoard,and
WHEREAS, Section 10.060 of such rules sets forth policy of Requirements Contracts, and Section
70.010 of such rules sets forth policy of Personal Service Contracts,and
WHEREAS, The City Council finds it desirable to extend the contract term "not to exceed five
years" for Requirement Contracts and add a contract term"not to exceed five years" for Personal
Service Contracts.
NOW,IJEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council, acting as the Local Contract Review Board, does
hereby amend Ordinance 96-09 as shown in the attached Exhibit"A".
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor,and posting by the City Recorder.
PASSED: By U nC011M0t1S vote of all Council members present after being read by number
and title only,this-H 0 day of ,2001.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this day of—/4=rLl'` (✓ ,2001.
4efftes-R ,
Brian Moore, Council Pcesident
Appr fved as to form:
Attorney--'
4—
DATE
ORDINANCE No.01- �a
Page r
EXHIBIT'W'
AR 10.060 Requirements Contracts
1. The City may enter into requirements contracts whereby it is agreed to purchase
requirements or an anticipated need at a predetermined price providing the following
conditions are complied with:
a. The contract must be let by competitive bidding pursuant to the requirements of
Chapter 279, Oregon Revised Statutes and applicable rules of the City's Local
Contract Review Board.
b. The term of the contract including renewals does not exceed ihff"five years.
C. Emergency purchases declared pursuant to ORS 279.015(5)and AR 80.010
AR 70.010 Personal Services Contracts
1. Personal service contracts are not,according to`the definition of"public contract"in ORS
279.011(5,)subject to the competitive bidding provisions of ORS Chapter 279.Pursuant to
ORS 279.051(2),this rule describes a method for distinguishing between personal service
contracts and public contracts, particularly service contracts, and provide examples of
contracts or classes of contracts which are or are not personal service contracts.
a The term of the contract includinz renewals does not exceed rive years,
2. The City may,subject to an analysis and determination of appropriateness in accordance
with subsection(2)(a)through(c)of this rule,enter into a personal service contract with an
independent contractor without competitive bidding under ORS Chapter 279 when the
City needs to have a service performed which requires the contractor to exercise a high
degree of technical skill or professional judgment and expertise:
a. The nature of the tasks to be performed,the needs of the City,and the interests of
the public form the basis for distinguishing between personal service contracts and
public contracts. Hence,if:
(1) The City requires a product or service for which the City has developed or
is reasonably able to develop, respectively, adequate design and/or
performance specifications;and
(2) Selecting a contractor on the basis of lowest price would be likely to greet
the City's needs,then the tasks should be performed pursuant to a public
contract let in accordance with competitive bidding provisions of ORS
Chapter 279. Conversely, if the City is reasonably unable to develop
adequate design and/or performance specifications but must instead have
the assistance of the contractors trzining,knowledge, and expertise to
develop a scope of work statement and selecting the contractor on the basis
of lowest price would be unlikely to meet the City's needs,then the tasks
would most appropriately be performed under a personal service contract.
Such a personal service contract should be entered into in accordance with
the provisions, as the case may be, of ORS 291.021 or 279.712(2). In
determining whether the City's needs will be met through award of a
personal service contract rather than a public contract, the City should
consider whether selecting the contractor on the basis of qualifications
rather than lowest price will result in the City obtaining the best value for
its money.
b. A personal service contract is appropriate where the contract is awarded primarily on the basis
of the contractors qualifications, including but not limited to, such criteria as experience,
training, knowledge and expertise, technical skill, creativity, artistic ability, performance
history,and demonstrated ability to exercise sound professional judgment. Price will be, at
most,a secondary criterion for awarding a personal service contract.
C. A personal service contract is not appropriate where price is or should be the primary
selection criterion. A public contract, in contrast to a personal service contract, will be
awarded primarily on the basis of price;criteria such as experience,training,knowledge and
expertise, technical skill, creativity, artistic ability, performance history, and demonstrated
ability to exercise sound professional judgment,which may be taken into account during the
selection process, will be of only secondary importance. Unless otherwise statutorily
excepted,a public contract must be awarded based on:
(1) Competitive bidding pursuant to ORS 279.015(1);or
(2) An alternative competitive process under ORS 279.015(2)(3).
3. Personal service contracts may include,but are not limited to,the following:
a. Contracts for services performed as an independent contractor in the professional capacity,
including but not limited to tha services of an accountant;attorney;architectural or land use
planning consultant; physician or dentist; registered professional engineer; appraiser or
surveyor;aerial photographer,timber cruiser;broadcaster;or data processing consultant.
b. Contracts for services as an artist in the performing or fine arts,including but not limited to
photographer,filmmaker;painter;weaver; or sculptor.
C. Contracts for services of a specialized creative and research oriented,noncommercial nature.
d. Contracts for services as a consultant.
e. Contracts for educational and human custodial care services.
4. The following are NOT personal service contracts:
a. Contracts, even though in a professional capacity, if predominately for a product, e.g., a
contract with a landscape architect to design a garden is for personal services,but a contract to
design a garden and supply all die s'i,rubs and trees is predominately a tangible product.
b. A service contract, including a contract with a temporary service or personnel agency, to
supply labor which is of a type that can generally be done by any competent worker,e.g.,data
entry,key punch,janitorial,security guard,crowd management,crop spraying,laundry,and
landscape maintenance service contracts.
C. Contracts for trade related activities considered to be labor and material contracts.
d. Contracts for services of a trade-related activity, to accomplish routine, continuing,and
necessary functions, even though a specific license is required to engage in the activity.
Examples are repair and/or maintenance of all types of equipment or structures.