Chapter 5.68 Professional, Technical and Expert Service Contracts

City Code Chapter
(Chapter replaced by Ordinance 177244, effective July 1, 2003.)

5.68.010 Definitions.

(Amended by Ordinances 182213, 184427, 185065, 187373 and 189878, effective March 4, 2020.)  

  1. In addition to the definitions in PCC 5.33, the following definitions apply:
  2. A.  For the purposes of this Chapter, “professional, technical and expert” refers to any individual or group, excluding regular City employees, who, for a fee, provides services or gives professional advice regarding matters in the field of their special knowledge or training, such as, but not limited to: architects, engineers, lawyers, accountants, doctors, owner’s representatives, and counselors in investments or insurance. The Chief Procurement Officer has authority to classify services not specifically addressed in this provision as professional services if those services require professional advice in a field of special knowledge or training similar to those listed above.
  3. B.  "Estimated Fee" means City's reasonably projected fee to be paid for a Consultant's services under the anticipated Contract, excluding all anticipated reimbursable or other non-professional fee expenses. The Estimated Fee is used solely to determine the applicable Contract solicitation method and is distinct from the total amount payable under the Contract.

5.68.015 General Requirements – PTE Manual.

(Amended by Ordinances 182213, 184427 and 189878, effective March 4, 2020.)  

  1. The Chief Procurement Officer of Procurement Services shall create and publish a Professional, Technical and Expert (PTE) Services Manual that shall govern selection and award of PTE Contracts.  The Chief Procurement Officer may amend the PTE Manual to ensure that the interests of the public and PTE Consultants are fully served and that the process promotes accountability and competition among all segments of the citizens of Portland.   The PTE Manual shall include procedures providing for adequate notice of contract award to potential Consultants and shall provide the exclusive means by which selection decisions may be protested before the Contract is executed.

5.68.020 Special Procurements.

(Amended by Ordinances 179802, 182213, 184427, 187373 and 189878, effective March 4, 2020.)

  1. A.  This Chapter applies to City procurement of professional, technical and expert services.
  2. B.  The following services are designated as classes of Special Procurements, and are exempt from the selection process outlined in the City’s Professional, Technical and Expert Services Manual and can be made by direct appointment under this Chapter:
    1. 1.  Processing of any claim for workers' compensation benefits;
    2. 2.  Physician or medical personnel to determine any prospective or current City employee's ability to work or return to work;
    3. 3.  Determining any reasonable accommodation that may be made to any job classification in the City; and
    4. 4.  Veterinary physician, specialist, or medical personnel required to determine any prospective or current City-owned service animal’s ability to work or return to work, or providing general medical upkeep to a City-owned service animal;
    5. 5.  Golf Course Management Agreements (including concessions and club house operations) of a duration not to exceed five years for the parks under the jurisdiction of the City of Portland Bureau of Parks and Recreation.
    6. 6.  Modifications, including updates, upgrades, and enhancements by the licensor of intellectual property licensed to the City; or an authorized provider if the licensor does not directly provide the services.
    7. 7.  The City Attorney’s retention of expert witnesses and Consultants to assist the City Attorney’s Office in providing legal advice to the City, and outside legal counsel.
  3. C.  If any emergency exists, as defined in PCC 5.33.130, the Chief Procurement Officer may authorize selection of a Consultant in accordance with PCC 5.33.130.
  4. D.  If the services or expertise required for a project are only available from a “sole source” as defined in the PTE Manual, then the Chief Procurement Officer may authorize selection of a contractor without following the requirements of this Chapter or any Chapter of Portland City Code, but subject to the procedures outlined in the PTE Manual.
  5. E.  The Chief Procurement Officer shall include all emergency and sole source Contracts in periodic reports to the City Council.
  6. F.  If professional, technical or expert services are required in conjunction with the acquisition of goods, services, public improvements, construction services or some combination thereof, the Chief Procurement Officer may permit the acquisition of such services through the provisions of Chapter 5.33 or 5.34 of this Code instead of this Chapter.

5.68.030 Public Announcement of Requirements.

(Amended by Ordinances 182213,184427 and 189878, effective March 4, 2020.)

  1. The PTE Manual shall set forth the procedures to be followed by all bureaus in announcing and advertising City PTE Solicitations.  The procedures in the PTE Manual shall be designed to make information about such solicitations readily available to interested PTE Consultants, including firms certified by the State of Oregon Certification Office for Business Inclusion and Diversity (COBID) as Disadvantaged, Minority owned, Women owned, Emerging Small Businesses, and Service-disabled Veteran owned Business Enterprises (D/M/W/ESB/SDVB) as defined in ORS 408.225(hereafter referred to collectively as COBID Certified Firms).  From time to time, the City may adopt programs designed to promote competition, enhance economic opportunity and stimulate hiring among all of Portland’s citizens.  When such programs are adopted, the Chief Procurement Officer shall take steps to ensure that PTE Consultants wishing to enter into contracts with the City are aware of the requirements for such programs.

5.68.035 Authority to Obligate City for Professional, Technical or Expert Services.

(Amended by Ordinances 182213, 184427 and 189451, effective April 10, 2019.)

  1. A.  All professional, technical or expert services contracts or purchase orders shall be in writing in a form approved by the City Attorney as provided in Section 5.68.050.  The Chief Procurement Officer, or designee, is authorized to execute contracts, including Price Agreements, for PTE services required by the City in any amount not exceeding $1,000,000 without the need for an ordinance specifically authorizing the contract if the contract is included within the current fiscal year budget of the bureau seeking the contract.
  2. B.  The Chief Procurement Officer has authority to execute amendments for Contracts and Price Agreements that were originally executed in accordance with Chapters 5.68 as follows:
    1. 1.  Amendments not exceeding 25 percent of the original Contract Amount.
    2. 2.  Amendments exceeding 25 percent of the original Contract Amount, provided that the amended Contract Amount does not exceed $1,250,000 and the director of the bureau in whose behalf of the Contract was issued concurs.
    3. 3.  Execute amendments to Price Agreements if the yearly estimated cost to the City is $1,250,000 or less.
    4. 4.  Amendments whenever an ordinance approved by the City Council grants additional authority to the Chief Procurement Officer beyond that stated in these rules. 
  3. C.  The Chief Procurement Officer is authorized, but not required, to waive any procedural irregularities in the PTE selection process provided the irregularities had no material effect on the selection of the proposed contractor.
  4. D.  The provisions of Section 5.68.035 also apply to the procurement of services and contracts for services referenced in Subsection 5.68.020 B.

5.68.050 Review by City Attorney and Chief Procurement Officer.

(Amended by Ordinances 182213, 184427, 187373 and 189878, effective March 4, 2020.)

  1. A.  The Chief Procurement Officer or designee shall review and approve the form of all Requests for Proposals, Requests for Qualifications and other similar Solicitation Documents for all PTE Contracts or Price Agreements prior to issuance. Further review by the City Attorney will be at the Chief Procurement Officer’s discretion.
  2. B.  The City Attorney or designee shall approve the form of all PTE Contracts and shall ensure that all required documentation, is present before the Contract is executed.  Such approval shall occur before work begins.

5.68.060 Outside Legal Services.

(Amended by Ordinances 179802, 180659, 182213, 184427 and 189878, effective March 4, 2020.)  

  1. A.  Except as specifically exempted by this Section, and in addition to the other requirements of this Chapter for professional, technical and expert service Contracts, the following procedures and requirements shall apply to any Contracts for legal services to be provided by attorneys outside of the Office of the City Attorney.
    1. 1.  All City bureaus, agencies, or offices wishing to contract for legal services not provided by the City Attorney’s Office shall submit for approval in writing to the City Attorney all requests before any agreement is made to obtain any such outside legal services.
    2. 2.  The Chief Procurement Officer has the authority to sign and approve Contracts and Contract Amendments for outside counsel allowed by this Chapter specifically Subsection 5.68.020 B.7.  However, all billings and invoices for outside legal counsel’s services shall be directed to the City Attorney for review and approval prior to payment.
    3. 3.  The Chief Procurement Officer shall not process any purchase requisition for outside legal services without the written approval of the City Attorney or designee.
    4. 4.  The Accounts Payable Division shall not process for payment any billing or invoice for outside legal services without the written approval of the City Attorney or designee.
    5. 5.  This Section does not apply to selection of bond counsel, who are selected in accordance with Section 5.68.070 of this Code.  However, all billings and invoices of bond counsel shall be directed to the City Attorney for review and approval prior to payment.

5.68.070 Procedure for Selection of Bond Counsel.

(Amended by Ordinances 182213 and 189878, effective March 4, 2020.)

  1. A.  At the time a bureau determines it will need bond counsel for a project or series of projects, the bureau will notify the City Attorney.  The City Attorney or designee shall notify each counsel listed in the Oregon Section of the Bond Buyer’s Directory of Municipal Bond Dealers (Red Book), requesting that those interested in serving as bond counsel for the project or series of projects submit proposals.
  2. The notice shall indicate the nature of the project or series of projects, the type and approximate amount of bonds, the approximate date for the sale or sales of bonds, the bond counsel services required, and the date proposals are due.
  3. B.  Those counsel interested shall provide the following information to the City Attorney:
    1. 1.  A statement of the fee arrangement proposed by the firm.
    2. 2.  Such other information as the City Attorney deems appropriate.
  4. C.  On receipt of the proposals the City Attorney shall refer them to a consultant selection committee (Committee) consisting of the City Attorney or designee; the Chief Administrative Officer or designee; and the Bureau Director or designee.  The Committee shall consider only firms that are listed in the Red Book.  The Committee may interview any or all firms, including more than once.  The Committee may authorize firms to modify their proposals during the interview period.
  5. D.  The Committee shall select a law firm to serve as bond counsel for the project or series of projects.  The selection shall be based on fee, experience, or such other criteria as the Committee deems appropriate.

5.68.080 Consultant's Compliance with Workers' Compensation Requirements.

(Amended by Ordinance 189878, effective March 4, 2020.)  

  1. Prior to the performance of any work under a professional, technical or expert services Contract awarded by the City, a Consultant shall comply with the Workers' Compensation Law, ORS Chapter 656, as it may be amended, and if Workers' Compensation Insurance is required by ORS Chapter 656, shall maintain coverage for all subject workers as defined by ORS Chapter 656, and shall maintain a current, valid certificate of Workers' Compensation Insurance on file with the City Auditor for the entire period during which work is performed under the contract.

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