Item 4: Ordinance on Public Contracting Regulations Changes

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injury to persons or property. [, the city may execute the contract without competitive selection and award.] The purchasing agent shall ensure competition for a contract for the emergency work that is reasonable and appropriate under the emergency circumstances. The purchasing agent shall set a solicitation time period that the purchasing agent determines to be reasonable under the emergency circumstances and issue written or oral requests for offers or make direct appointments without competition in cases of extreme necessity. The [solicitation] purchasing agent shall document the nature of the emergency; the method used for selection of the particular contractor; and the reason why the selection method was deemed in the best interest of the city and the public. Any contract awarded under emergency conditions must be awarded within 60 days following the declaration of an emergency. [(b) Emergency public improvement contracts. A public improvement contract may only be awarded under emergency circumstances if the purchasing agent has made a written declaration of emergency. The purchasing agent shall notify the city council of the declaration of emergency, if made, and the facts and circumstances surrounding the emergency execution of the contract, as soon as possible, in light of the emergency circumstances. Any public improvement contract awarded under emergency conditions must be awarded within 60 days following the declaration of an emergency unless the city council grants an extension of the emergency period. When the delay required to obtain a payment or performance bond would result in injury or substantial property damage, the purchasing agent may waive, wholly or in part, the requirement for a payment or performance bond.] Section 4. A new Section 2.1447 is added to the Eugene Code, 1971, to provide as follows: 2.1447 Public Contracts - Labor Contract Conditions. All public contracts executed by the city wherein labor is required, except contracts for the purchase of goods, shall contain the following provisions: (a) A statement that the contractor will comply with all provisions legally required of contractors on a public contract. (b) A statement that the contractor will comply with all of the requirements of sections 4.615 to 4.655 of this code. (c) A statement that, in the event of a willful violation of subsection (a) or (b) of this section, the city will penalize the contractor by debarring the contractor for one year as permitted by state law. (d) A statement that if a contractor or subcontractor violates the provisions of subsections (a) or (b) of this section, the city Ordinance - 3