Item 7 - Ord/Pub.Contract.Code - Laserfiche WebLink

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ATTACHMENT A COUNCIL REQUESTED INFORMATION DELETIONS 1. The city council does not declare itself to be the city's contract review board, because this status is automatically established by the new state law. 2. EC 2.1210(d) concerning the purchase of goods that may be recycled was removed as unnecessary in light of the new code's direction to the purchasing agent to establish a preference for the use of recycled materials, but the staff recommendations re-insert this provision in the authority of purchasing agent provisions to clarify the city council' s support of sustainability in purchasing. 3. The following provisions were deleted because they are redundant to other provisions of the city code or written city policies: a. EC 2.1215(2) concerning amendments to the ordinance. b. EC 2.1215(3) concerning annual contract audit c. EC 2.1225(3) concerning solicitation records as public records 4. Definitions of words not used in the new regulations were deleted. 5. The policy statements of EC 2.1225(1) and (2) were not originally created by the city council but were merely restatements of old state code policies that were repealed and replaced by the new code. Section 2.1400 of the proposed city ordinance contains a policy statement that paraphrases the policy provisions of the new code but focuses on the best interests of the city. 6. EC 2.1225(5) concerning recycled materials has been restated as a responsibility of the city manager and the limitation of a 5% preference for recycled materials has been deleted to allow the city manager to amend the preference to respond market conditions for pricing of recycled products. 7. EC 2.1225(6)(7) and (8) were removed because they are already required by state law under ORS 279B.225 and 240 and ORS 279C.510 and additional council action is required. 8. The exemption from bidding for contract amendments under EC 2.1230(1)(i) was changed to place the limits in the administrative rules as directed by the new State laws. The new law requires administrative rules to restrict the manner in which contracts are amended and these provisions will be included in the city's administrative rules. 9. The exemption from bidding for contracts between public agencies using an additional solicitation under EC 2.1230(1)(o) was deleted because this exemption is pre-empted by new state law concerning cooperative procurements under ORS 279B.200 - 279B.225. 10. The provisions concerning classes of contracts based on contract price under EC 2.1230(2) have been replaced by a new classification of contracts based on the new state law. 11. EC 2.1240(4), concerning the right of appeal of the use of brand names or marks was deleted to conform to the new state law concerning protests of solicitations and judicial remedies and will be covered in the city' s administrative rules. 12. EC 2.1250 was deleted because it is required by state law and no further council action is necessary.