02/09/1976 Meeting - Laserfiche WebLink

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Charles Dallas, PU;;~:S~~~;Agen~~-;:oted Ithe contracts now incl ude, as a result of the Human Rights ordinance, a provision saying a contractor will cOl'{lply wi th that section of the code and, if not, he is not performing under the contract. ~ Mr. Haws requested that staff provide information about the conflict between the state code and the city code before a final vote is taken on the matter. Manager explained the City charter specifies that the Manager is the purchasing agent and there are certain prohibitions in the charter relating to council prerogat;ives in this area. The state code says the state board will be the purcbtAsing bOaid :r:iilj~sthe iooa'L':fJ9:ver"iling bOd!/is,:tlui {JurqH;Asing- boarer:- arid, thi~ stipulation conflicts wJtl'i th-e City t:na'rter a~rrallgernerits,~ . Mr. H'a'ws" conceirl" 1..s si:mpl!i~ what: i.sin the, best interests of' the citizens. Whioh Pbsition is,bet~er - city oE state? Manager'said the' sta:t:e. uses the . language' "lowest qualify:ingbi~deE" and tra'di'til:ma.Lly, the cit:y." in the b-est, i,nterests of' t:.het"axpager,has taken. the ,pOsiticm flat the lowest anCi'best hid",., Cit~Attorney stated'the, hOme'rule:Power'is cOnSt~~~tionally based, and, if exercised, the state is hid,pless. The power. Comes':'~rom the, cons,t34:tution, not from legislation. Another question, he saia~ is whetHe.r:piirehaiiiiig is la, mat'ter of local or statewide concern. Sti!-ff has judged it to be a local concern because of difficulties the city woultl face if it had to comply with state law. Mr. Hamel noted he has had unsatisfactory dealings with the State over the years, saying the method by which they handle contracts leaves much to be e. desired. Mr. Stadler, EWES, said, by way of background, that over two years ago, at the instigation of the Associated General Contractors, a committee was formed whose efforts resulted in H.B. 2339. The local option provision in the bill was included at the insistence of the League, of Oregon Cities and EWES. EWES took a stand against giving up local autonomy, and it remains now that local entites may constitute themselves into their own board, as EWEB did last December. ' Mr. Williams noted the League position was taken pretty much on the grounds that purchasing is a matter. of local concern. The League felt strongly that surrendering decisions to Salem was not in the best interests of any ci ty. Hr. Williams feels Eugene should decide to opt for local control. Purchasing Agent explained that the nornal procedure of the purchasing department is to request written quotations on most needs of any size. They are always requested FOB delivered so that, if quotations are received from Portland and Eugene, they are on an "apples-to apples" basis. He noted too that preference is often given local vendors where price and quality are equal, considering the fact that faster service nay be obtained locally. Mr. Haws moved seconded by Mr. Williams to set a public hearing to adopt the ordinance. Motion carried unanimously. Comm 2/4/76 Pub Hrng As there were no objections, staff indicated first reading.of the ordinance would be February 9. e Manager explained that the ordinance results from state requirements for local governments to enact regulations governing control of city pu~chasing and contract 2/9/76 - 12 7'+