ORS 576.306 Independent contractors performing services for commission; rentals and acquisitions; rules

A commodity commission may contract with an independent contractor for the performance of administrator or other services. However, the commission may not contract with an independent contractor to perform the discretionary functions of the commission. As used in this subsection, “discretionary functions” does not include collecting assessments, scheduling meetings, processing payments or other administrative duties, tasks or projects assigned by the commodity commission. ORS 279.835 to 279.855 and ORS chapters 240, 279A, 279B and 279C do not apply to the commission in obtaining services under this subsection, except that a contract for such services may not take effect until approved by the State Department of Agriculture as provided in subsection (6) of this section.

The commission may rent space or acquire supplies and equipment from any contractor as described in subsection (1) of this section. ORS chapters 276, 278, 279A, 279B, 279C and 283 and ORS 276A.206, 279.835 to 279.855 and 283.085 to 283.092 do not apply to such rentals or acquisitions.

Except as provided in this section, a contractor described in subsection (1) of this section shall be considered an independent contractor and not an employee, eligible employee, public employee or employee of the state for purposes of Oregon law, including ORS chapters 236, 238, 238A, 240, 243, 291, 292, 316 and 652.

A contractor described in subsection (1) of this section shall be considered an independent contractor and not a worker for purposes of ORS chapter 656 and ORS 670.600.

A contractor described in subsection (1) of this section may not be considered a public official, public officer, state officer or executive official for purposes of Oregon law, including ORS chapters 236, 244, 292, 295 and 297 and ORS 171.725 to 171.785.

The State Department of Agriculture shall review the contract described in subsection (1) of this section for the adequacy of the clauses pertaining to statement of work, starting and ending dates, consideration, subcontracts, funds authorized in the budget, amendments, termination, compliance with applicable law, assignment and waiver, access to records, indemnity, ownership of work product, nondiscrimination, successors in interest, attorney fees, tax certification or merger or any other clause the department deems necessary.

The Oregon Department of Administrative Services, in consultation with the State Department of Agriculture, shall adopt rules necessary for the screening and selection of independent contractors under this section.

Except as provided in subsection (7) of this section, the State Department of Agriculture may promulgate any rules necessary for the administration and enforcement of this section.