HomeMy WebLinkAboutOrdinance No. 20409
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COUNCIL ORDINANCE NUMBER 20409
COUNCIL BILL NUMBER 4977
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.
ADOPTED: May 27,2008
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: 30 days from date of Mayor's signature
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ORDINANCE NO. 20409
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.
THE CITY OF EUGENE DOES ORDAIN AS FOLLCWS:
Section 1. Section 2.150 of the Eugene Code, 1971, is repealed.
Section 2. The definitions of "Emergency," "Public contract," and "Public
improvement," set forth in Section 2.1420 of the Eugene Code, 1971, are amended to
provide as follows:
2.1420
Public Contracts - Definitions. The following terms used in sections
2.1400 to 2.1450 shall have the meanings set forth below.
Emergency. Circumstances that could not have been reasonably forseen;
create a substantial risk of loss, damage or interruption of services or a
substantial threat to property, public health, welfare or safety; and require
prompt execution of a contract to remedy the condition.
Public contract. A sale or other disposal, or a purchase, lease, rental or
other acquisition by the city of personal property, services, including personal
. services, public improvements, public works, minor alterations, emergency
construction or repair work or ordinary repair or maintenance necessary to
preserve a public improvement.
Public improvement. A project for construction, reconstruction or major
renovation on real property by or for the city. "Public improvement" does not
include:
(a) Projects for which no funds of the city are directly or indirectly used,
except for participation that is incidental or related primarily to
project design or inspection; or
(b) Emergency construction or repair work, minor alteration, ordinary
repair or maintenance necessary to preserve a public improvement.
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Section 3. Subsections (1), (2)(b), and (7) of Section 2.1430 of the Eugene
Code, 1971, are amended to provide as follows:
2.1430 Public Contracts - Solicitation Methods for Classes of Contracts. The
following solicitation methods and the classes of contracts that may be
awarded under such methods are hereby established by the city council.
(1) Purchases from Nonprofit Agencies for Individuals with
Disabilities. When available, the city shall purchase goods, services .
and public improvements from qualified nonprofit agencies for
individuals with disabilities in accordance with the provisions of ORS
279.835 through 279.850 and rules adopted by the purchasing agent.
(2) Public Improvement Contracts.
(b) Public improvements UP to $100,000. Public improvement
contracts for which the estimated contract price does not exceed
$100,000 may be awarded using an informal solicitation for quotes
in accordance with rules adopted by the purchasing agent.
(7) Contracts Required by Emergency Circumstances. The purchasing
agent may declare that an emergency exists in order to prevent
substantial damage or injury to persons or property. 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. 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 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.
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:
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(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 manager may terminate
the contract. Payment upon termination shall be made by the city
according to rules adopted by the city manager.
Section 5. The City Recorder, at the request of, or with the concurrence of the
City Attorney, may administratively correct any reference errors contained herein, or in
other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this
27th day of May, 2008
Approved by the Mayor this
~6 day of May, 2008 }
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