Chapter 2.66
PROCUREMENT
Sections:
2.66.010 Title.
2.66.020 Authority.
2.66.030 Local contract review board/contracting agency.
2.66.040 Contracts that require city council approval.
2.66.050 Interpretation of public contracting rules.
2.66.060 Exempt contracts.
2.66.070 Personal services contracts.
2.66.080 Disposition of surplus property.
2.66.090 Temporary extensions or renewals.
2.66.100 Use of electronic means for solicitation, notices, and submittal response.
2.66.010 Title.
This chapter shall be known and may be cited as the procurement ordinance of the City of Albany. (Ord. 5612 § 2, 2005).
2.66.020 Authority.
(1) Except as provided herein, or by subsequent ordinance or resolution, the model rules, Division 46, 47, 48 and 49, adopted by the Attorney General under ORS Chapters 279A, 279B and 279C as they now exist, and as they may be amended in the future, and in the Albany Municipal Code, are hereby adopted as the City’s public contracting rules. Words and phrases used by these rules that are defined in ORS Chapters 279A, 279B and 279C and in the model rules have the same meaning as defined in ORS Chapters 279A, 279B and 279C and the model rules. In the event that rules adopted by the local contract review board do not address a particular situation, the model rules apply. The terms of this chapter shall revise or supplement the model rules. In the event of a conflict between this chapter and the model rules, this chapter shall control.
(a) Except as otherwise expressly provided in ORS Chapter 279B, the procedures used to solicit and award contracts for small and intermediate goods and services, and personal services; and ORS Chapter 279C public improvement contracts, specifically small contracts, will incorporate the following modifications:
(i) Small procurement: (1) A contracting agency may award a public contract for goods or services and personal services that does not exceed $25,000 in any manner the contracting agency deems practical or convenient, including by direct selection or award.
(ii) Intermediate procurement: (1) A contracting agency may award a procurement of goods or services and personal services that exceeds $25,000 but does not exceed $150,000 in accordance with intermediate procurement procedures. When conducting intermediate procurement, a contracting agency shall seek at least three informally solicited competitive price quotes or competitive proposals from prospective contractors.
(iii) Public improvement contracts: (1) A contracting agency may award a public improvement contract without competitive bids if the public improvement contract has a value of less than $25,000.
(2) Except as provided herein the model rules adopted by the Attorney General under ORS 279A, 279B and 279C (the “model rules”) do not apply.
(3) AMC 2.66.010 through 2.66.100 are adopted as the City’s public contracting rules. (Ord. 6034 § 1, 2024; Ord. 5612 § 2, 2005).
2.66.030 Local contract review board/contracting agency.
The city council of the City of Albany is designated and shall continue as the local contract review board under the State of Oregon Public Contracting Code. The contract review board may, from time to time, delegate its powers and responsibilities consistent with the Oregon Public Contracting Code, the model rules, or the Albany Municipal Code. Except as may be specified in AMC 2.66.010 through 2.66.100 the city manager is designated as the City’s “contracting agency” as that term is defined in ORS 279A.010(1b). With the authorization of the city manager, the deputy city manager, the finance director, or any other department director may be delegated the power and authority of the “contracting agency” for purposes of contracting powers and duties assigned to the City of Albany as a “contracting agency” under the State of Oregon Public Contracting Code or the model rules. Except as otherwise provided in these rules, the powers and duties of the local contract review board, under the Public Contracting Code, shall be exercised and performed by the city council of the City of Albany and all powers and duties given or assigned to contracting agencies by the Public Contracting Code shall be exercised or performed by the city manager. The city manager, acting as contracting agency, may award a contract requiring city council approval should conditions exist that require an immediate purchase and the city council is unable to approve the contract award. A report shall be submitted by the department to the city council to confirm the contract award at the next regularly scheduled meeting. (Ord. 6034 § 1, 2024; Ord. 5612 § 2, 2005).
2.66.040 Contracts that require city council approval.
Notwithstanding any other provision of this chapter, procurements that require city council approval prior to execution shall include procurements of goods, services, personal services, or public improvements with a value in excess of $250,000 and change orders or amendments to such contracts which in the aggregate exceed 10 percent of the original amount except for the personal services contract with the city attorney, which shall be executed by the city manager. The city council will also approve the contract with the municipal judge. Department directors have authority to sign all contracts, agreements, proposals, intergovernmental agreements, and memoranda of understanding within the scope of their supervisory duties between the City and other parties. (Ord. 6034 § 1, 2024; Ord. 5612 § 2, 2005).
2.66.050 Interpretation of public contracting rules.
In furtherance of the goals of promoting fair, efficient, and cost effective purchasing and contracting, the contracting agency may interpret all public contracting rules and regulations so as to provide the City of Albany with the full use of all contracting powers and authorities described in ORS Chapters 279A, 279B, and 279C. (Ord. 5612 § 2, 2005).
2.66.060 Exempt contracts.
Except as may be modified by AMC 2.66.010 through 2.66.100, the following classes of public contracts are hereby exempted from competitive procurement and may be awarded in any manner that is fiscally responsible which the city manager deems appropriate, including direct appointment or purchase:
(1) Any contract exempted by the State of Oregon Public Contracting Code or model rules including the following classes of contracts specifically exempted by the State of Oregon Public Contracting Code or model rules: ORS 279A.025, “Application of Public Contracting Code”; ORS 279A.180, “Purchases Through Federal Programs”; ORS 279A.190, OAR 137-046-0130, “Transfers of Fire Protection Equipment Between Fire Departments”; ORS 279A.200 et seq., “Cooperative Procurement”; and ORS 279A.220, “Interstate Cooperative Procurements.”
(2) Any agreement or condition of approval entered into with or required by the City of Albany for carrying out conditions of approval of a land use decision of the City of Albany. The term “land use decision” has the meaning provided by ORS 197.015.
(3) In the event of an emergency involving an immediate hazard to the public health, safety, or welfare, the city manager, the deputy city manager, the finance director, or public works director may secure necessary goods and/or services without a formal competitive selection process. For any emergency contract in excess of $250,000 the local contract review board at a regularly scheduled meeting, within 30 days of the procurement, will be furnished with a full report of the circumstances and costs of the materials and/or services secured, and the method used for the selection of the particular contractor.
(4) Contracts for the purchase of copyrighted materials where there is only one supplier available within a reasonable purchase area for such goods.
(5) Contracts for the purchase of advertising, including that intended for the purpose of giving public or legal notice.
(6) Contracts for the purchase of services, equipment or supplies for maintenance, repair or conversion of existing equipment if required for efficient utilization of such equipment.
(7) Contracts for the purpose of investment of public funds or the borrowing of funds.
(8) Purchases of goods or services pursuant to a requirements contract which was established by a formal competitive selection process. Purchases may also be made at prices established by a requirement contract or other agreement between another public body and a contractor if the requirements contract was established by a formal competitive selection process and allowed for other public entity use.
(9) Contracts for the purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state or local regulating authority.
(10) Any other contract (including brand name specification contracts) where the public interest would be promoted by exempting the contract from the competitive bidding process; provided, that the contract review board adheres to the Public Contracting Code and the model rules in making the exemption. (Ord. 6034 § 1, 2024; Ord. 5612 § 2, 2005).
2.66.070 Personal services contracts.
(1) Except for architects, engineers, land surveyors, and related service providers, whose appointment shall be governed by the model rules, the city manager or his/her designee may determine the procedures to be employed in the selection of personal service contractors. These procedures may include any of the procedures authorized for the procurement of goods and services under the model code including direct appointment or acquisition, or a hybrid method incorporating qualification review, interviews, and/or direct appointment. The city manager may promulgate policies and procedures, which shall provide guidance concerning selection procedures to be employed for certain contracts or classes of contracts, used for the City Municipal Court personal services contracts, i.e., city attorney, municipal judge, and defense attorney. Any policies and procedures adopted by the city manager as provided above are for internal City purposes only and do not limit or proscribe the authority of the city manager or his/her designate regarding any particular contract.
(2) “Personal services contract” means, in general, a contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services specifically 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 city manager or designee shall have discretion to determine whether additional types of services not specifically mentioned in this subsection fit within the general definition of personal services. (Ord. 5965 § 1, 2021; Ord. 5656 § 1, 2006; Ord. 5612 § 2, 2005).
2.66.080 Disposition of surplus property.
The contracting agency shall have the authority to dispose of surplus property by any means determined to be in the best interest of the City with due regard for the value the City will receive from the disposal of the surplus property including but not limited to:
(1) Sale to the highest qualified buyer meeting the sale terms and the sale has been advertised at least once in a newspaper of general circulation in the Albany area not less than one week prior to the sale;
(2) Traded in on the purchase of replacement equipment or supplies;
(3) Sold at public auction advertised at least once in a newspaper of general circulation in the City of Albany not less than one week prior to the auction. The published notice shall specify the time, place and terms upon which the personal property shall be offered and a general description of the personal property to be sold;
(4) Sold at a fixed price retail sale;
(5) Donated to a unit of government or non-profit organization that will be expected to utilize it for the public benefit;
(6) Recycle, destroy, or otherwise dispose of the property when it is determined that the value and the condition of the property does not warrant the cost of sale;
(7) All personal property sold pursuant to this section shall be sold as-is without any warranty, either express or implied, of any kind;
(8) Sales of surplus personal property may be conducted electronically. (Ord. 5612 § 2, 2005).
2.66.090 Temporary extensions or renewals.
Contracts can be extended for a single period of one year or less, for the temporary extension or renewal of an expiring or nonrenewable, or recently expired contract (other than for public improvements). Contracts that are being renewed will be in accordance with their terms and are not considered to be newly issued contracts; therefore, they will not be subject to competitive procurement procedures. (Ord. 5622 §1, 2005).
2.66.100 Use of electronic means for solicitation, notices, and submittal response.
Notices, solicitations and advertisements of procurement opportunities or awards shall use electronic means of communication with interested bidders and parties in compliance with ORS allowable advertising and public notice options, such as posting on the City’s website, the State of Oregon procurement site, and other electronic bulletin boards. If the public contract requires additional publications in a trade journal of statewide publication, notices shall be posted with the Daily Journal of Commerce for compliance with effective distribution of opportunities to suppliers and outreach to disadvantaged business enterprises. Electronic delivery will be made available for bidders and proposers to submit their response to procurement opportunities and electronic means may be used for receipt of bids and proposals and for conducting public procurement bid/proposal openings. (Ord. 6034 § 1, 2024).