11/27/1978 Meeting - Laserfiche WebLink

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Ms. Smith wondered if there were any legal basis by which the resolu- e tion could apply retroactively to that period. Joyce Benjamin, City Attorney's office, said the staff had gone through a very careful and thorough process to determine the Chamber as supplier of these services. That process looks forward, and is not retroactive. Mr. Obie wondered if the services could be considered professional services, i.e., as a consultant, that would be difficult to put out to bid. Manager replied the provision of convention services has been debated by the Board of State Purchasers. It was uncertain whether such services could be defined as a professional service. Charles Dallas, Purchasing, noted that the State Attorney General IS office takes a very narrow view of what is within the definition in the statutes of a professional service. It would appear the Chamber of Commerce services would not fall within that category. Assistant Manager noted for Council the significant difference here is the question of whether or not the contract even existed, and whether or not the processes were properly followed, thus the potential for individual Councilor personal liability. Public hearing was opened. Emerson Hamilton, 2159 Escalante, President, Chamber of Commerce, said he had staff persons also available to answer questions: Don Mason, Manager of the Chamber: and Don Buchannon, Director of the e Convention Bureau. He said the item in question is a claim by the Chamber for payment of $20,453.28 for services provided from July 1, 1977, to January 23, 1978. In background material, he noted the on-goin~ process of soliciting and servicinq conventions. Solicitations occur sometimes five years prior to the actual convention taking place in Eugene. Also, he noted the servicing of tourists during the summer months of up to 300 per day. He felt the issues to be: 1) were the servies rendered: and 2) what is the reasonable value of those services. The Chamber takes the position the services rendered were of a quality and quantity during that time that they can expect full compensation. Thus they continued to provide those services. He admitted there was no written contract but he felt there was an implied contract with the City. He noted the resolution passed by Council November 15, 1978, aCknowledging that this was an on-going provision of services. Chamber records and files document the fact the Chamber did perform and render those services. The reasonable value for their services were felt to be $20,453.28. Regarding the City's liability, he said the Chambers' attorney believes payment can be made under professional services and/or sole provider justification. In summary, he said the services were necessary and on-going; the services were actually performed and the Chamber is entitled to payment; a reasonable value has been placed on those services: and there is no significant exposure by the City to liability if the Chamber were paid the reasonable of the services rendered. e l*b 11/27/78--4