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Energy savings performance contract. <br /> A contract with a qualified energy <br />service company for the identification, evaluation, recommendation, design <br />and construction of energy conservation measures that guarantee energy <br />savings or performance. <br />Findings. <br /> The statements of fact that provide justification for a <br />determination. Findings may include, but are not limited to, information <br />regarding operation, budget and financial data; public benefits; cost savings; <br />competition in public contracts; quality and aesthetic considerations, value <br />engineering; specialized expertise needed; public safety; market conditions; <br />technical complexity; availability, performance and funding sources. <br />Goods. <br /> Includes any item or combination of supplies, equipment materials or <br />other personal property, including any tangible, intangible and intellectual <br />property and rights and licenses in relation thereto. <br />Informal solicitation. <br /> A solicitation made in accordance with rules adopted <br />by the purchasing agent to a limited number of potential contractors, in which <br />the solicitation agent attempts to obtain at least three quotes or proposals. <br />Invitation to bid. <br /> A publicly advertised request for competitive sealed bids. <br />Offeror. <br /> A person who submits a bid, quote or proposal to enter into a public <br />contract with the city. <br />Oregon Public Contracting Code. <br /> ORS chapters 279A, 279B and 279C. <br />Person. <br /> A natural person or any other private or governmental entity, having <br />the legal capacity to enter into a binding contract. <br />Proposal. <br /> A binding offer to provide goods, services or public improvements <br />with the understanding that acceptance will depend on the evaluation of <br />factors other than, or in addition to price. A proposal may be made in <br />response to a request for proposals or under an informal solicitation. <br />Personal services contract. <br /> A contract with an independent contractor <br />predominantly for services that require special training or certification, skill, <br />technical, creative, professional or communication skills or talents, unique <br />and specialized knowledge, or the exercise of judgment skills, and for which <br />the quality of the service depends on attributes that are unique to the service <br />provider. Such services include, but are not limited to the services of architects, <br />engineers, land surveyors, attorneys, auditors and other licensed professionals, <br />artists, designers, computer programmers, performers, consultants and property <br />managers. The purchasing agent shall have discretion to determine whether <br />additional types of services not specifically mentioned in this paragraph fit <br />within the definition of personal services. <br />Ordinance - 4 <br /> <br />