Item 3: Ordinance on Public Contracting Regulations Changes

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Public Contracting Provisions; Repealing Section 2.150 of the Eugene Code, 1971; Amending Sections 2.1420 and 2.1430 of that Code; and Adding a New Section 2.1447 to that Code Meeting Date: May 27, 2008 Agenda Item Number: 3 Department: Central Services Staff Contact: Jeff Perry www.eugene-or.gov Contact Telephone Number: 682-5408 ISSUE STATEMENT The proposed ordinance adds and deletes sections of Eugene City Code concerning public contracting. The changes modify the Eugene Code to reflect bills approved through the 2007 Oregon Legislative session as defined in the Oregon Public Contracting Code and consolidates specific sections of code. BACKGROUND On May 19,2008, a public hearing was held on the proposed ordinance. There were no members of the public signed up to comment on the ordinance. At the May 19 meeting, Councilor Bettman requested that the term “City Manager or Manager’s Designee” is referenced instead of “Purchasing Agent” in regards to establishing authority for emergency contracts. Eugene Code 2.1420 defines the “Purchasing Agent” as “the City Manager or designee appointed to perform all or any of the duties of the Purchasing Agent…” Changing the name from Purchasing Agent to City Manager or Manager’s Designee would create terminology inconsistencies within the City’s Public Contracting Code. Councilor Bettman also expressed concern that the proposed ordinance removed notification to the council when an emergency contract has been awarded by the Purchasing Agent. Section 2.1430 (7) of the proposed ordinance was modified to specifically reflect changes to ORS 279 B and C. The intent of the change is to maintain consistency with Oregon Revised Statutes for awarding emergency contracts. City staff has not identified an emergency public improvement contract in recent history and removal of the notification requirement to the council should be a minimal change. The City of Eugene is subject to the Public Contracting Laws of the State of Oregon. In order to maintain compliance with Oregon Revised Statutes (“ORS”) 279 A, B and C it will be necessary to amend Eugene Code. The proposed ordinance concerning public contracting modifies code 2.1420 and 2.1430 and replaces 2.150 with 2.1447. The modifications require approval from the council, acting as the contract review board. The sections modifying the code provisions by this ordinance are as follows with a brief description. ? 2.150 - Labor Contract Conditions. The ordinance consolidates language required for all public Z:\CMO\2008 Council Agendas\M080527\S0805273.doc