06/17/1981 Meeting - Laserfiche WebLink

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III. PUBLI C HEAR I NGS e A. Consideration of Resolution Exempting Performing Arts Contracts from the City's Public Contract ~aw (memo distributed) Mr. Gleason introduced Dick Reynolds, Executive Director of the Eugene Performing Arts Center. Mr. Reynolds explained that this resolution is necessary for the Performing Arts Center to hold the kinds of events which will provide a diversity to the public. This will be accomplished in three ways: 1) contracting with local groups for their own productions; 2) contracting with promoters for productions which the promoters have chosen; and 3) the center will also contract for events of its own choice, to try to assure the wide diversity of entertainment which the Performing Arts Commission and EPAC have been charged to provide. They will be holding at least two series on an annual basis and some single events as well, such as a jazz festival in the summertime. Present contract law requires that all City purchases go out to bid, but this would be impossible for performing situations. They need to negotiate directly with performers and promoters to make a good selection for a wide diversity and to be able to preserve artistic freedom. Staff feels that all performing arts contracts relating to the use of the Performing Arts Center should be exempt from the public contract law. Ms. Wooten asked for clarification as to how this conforms with State contract 1 aw. Les Swanson, City Attorney, stated that under the home rule provisions, the City of Eugene feels it can exempt situations like this from local bidding 1 aw. State contract laws are different from the City's ordinances which would e make the City in potential conflict with the State, but the legal opinion is that the City can authorize this exemption under its own ordinances due to the home rule provision. Ms. Smith asked if this could be under the same provision as "Sole Provider of Services." She also asked if this could be opening up other changes in contract bidding by providing this opportunity. Mr. Swanson stated that contracting for arts services is complex. Either one negotiates for a particular performer that is desired or those people do not perform. The artist, in that case, is the sole provider. Exemptions could be granted indivi- dually or, by adoption of this resolution, all contracts which relate to the Performing Arts Center would be exempted. This ordinance is not a significant exception to the contract bidding policy. Ms. Smith noted that this recommenda- tion is coming from the Performing Arts Commission and asked if local artists have concerns with these exemptions. Mr. Reynolds stated that they do not. They understand this is the way it must happen. It is a foregone conclusion. No objections have ever been noted. Mr. Lindberg asked what the decision-making process was for awarding performing arts contracts. He indicated concern with people who might feel that there is not a wide enough diversity or performers who feel the process is unfair. Mr. Reynolds explained that Ordinance 18508 is the enabling ordinance which allows the Performing Arts commission to make recommendations necessary for a wide diversity of performances for a cross section of the community. It also appears in the commission's bylaws. It is staff's responsibility to make sure that the diversity occurs. They have been asking citizens for input for the e MINUTES--Eugene City Council June 17, 1981 Page 4