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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Concerning Public Contracting; Adding Sections 2.1400, 2.1405, 2.1410, 2.1415, 2.1420, 2.1425, 2.1430, 2.1435, 2.1440, 2.1445, and 2.1450 to the Eugene Code, 1971; Repealing Sections 2.1200, 2.1205, 2.1210, 2.1215, 2.1220, 2.1225, 2.1230, 2.1240, 2.1245, 2.1250, and 2.1255 of that Code; Declaring an Emergency; and Providing an Effective Date Meeting Date: February 14, 2005 Agenda Item Number: 4 Department: Central Services Staff Contact: Tamara Bronson www. cl. eugene, or. us Contact Telephone Number: 682-5051 ISSUE STATEMENT House Bill 2341, signed into law by Governor Kulongoski on September 30, 2003, establishes a new Public Contracting Code (Code) for public agencies within Oregon. As of March 1, 2005, existing public contracting laws under ORS Ch 279 are repealed and replaced with ORS Ch 279A, 279B, and 279C which will constitute and be referred to as the new Oregon Public Contracting Code (OPCC). Before this operative date, the City of Eugene must adopt a new Public Contracting Code to become compliant with the new OPCC. House Bill 2341 also repealed all local public contracting rules for contracts advertised on or after March 1, 2005. BACKGROUND The City of Eugene is subject to the public contracting laws of the State of Oregon. Because House Bill 2341 repeals all local public contracting rules, all of the public contracting provisions of the Eugene Code will become void on March 1, 2005. Because the OPCC is significantly changed from former law, City staff recommends that City Council repeal the public contracting provisions of the existing City of Eugene Code and enact a new body of public contracting laws that are compliant with the new OPCC. The proposed ordinance concerning public contracting creates eleven new code sections that are necessary for approval from the City Council, as contract review board, and repeals all prior sections of the existing City of Eugene Public Contracting Code. The sections created for the new code provisions by this ordinance are as follows with a brief description. · City Policy for Public Contracts - Establishes the policy of competition for Public Contracts. · Exemptions from Public Contracting Regulations - Adopts those exemptions declared by the OPCC for use by the City. · Regulation by the City Council - Reserves to the City Council the duties and authority of a contract review board under state law. · Authority of the Purchasing Agent - Recognizes the City Manager as Purchasing Agent and describes the authority of the Purchasing Agent. · Definitions - Defines certain public contracting terms used in the ordinance. L:\CMO\2005 Council Agendas\M050214\S0502144.doc