HomeMy WebLinkAboutOrdinance No. 19906ORDINANCE N0. 19905
AN ORDINANCE CONCERNING PUBLIC CONTRACTING PROCEDURES;
AND AMENDING SECTIONS 2.1210, 2.1220, 2.1225, AND 2.1230
OF THE EUGENE CODE, 1911.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.1210 of the Eugene Code, 1911, i s amended by adding
a new subparagraph ~d~ thereto, to provide:
2.1210
~d~ Establish purchasing practices that assure, tv the
maximum extent economically feasible, purchase of materials, goods
and supplies that may be recycled or reused when discarded.
Section 2. Section 2.1220 of the Eugene Code, 1911, is amended by adding
the fo11owing definitions in alphabetical order therein, to provide:
2.1220 Public Contracts -Definitions. As used in sections 2.1200 to
2.1225:
Industrial ail. Any compressor, turbine or bearing oil,
hydraulic oil , metal -working of 1 or refri gerati an of 1.
Lubri cat i nQ of 1, Any o i 1 intended for use i n an internal
combustion crankcase, transmission, gearbox or differential or an
automobi 1 e, bus, truck, vessel , plane, train, heavy equipment or
machinery powered by an internal combustion engine .
Post-consumer waste. A finished material which would normally
be disposed of as solid waste, having completed its 1 i fe cycle as
a consumer item. "Past-consumer waste" does not include
manufacturing waste.
Recycl ed material , Any material that would otherwise be a
useless, unwanted ar discarded material except for the fact that the
material sti 11 has useful physical or chemical properties after
serving a specific purpose and can, therefore, be reused or
recycled .
Recy cl ed of 1. Used ai 1 that has been prepared far reuse as
a petroleum product by refining, reref i n i ng, reclaiming,
reprocessing or other means provided that the preparation or use is
operationally safe, envi ranmental ly sound and complies with all 1 aws
and regal atians.
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Recycl ed product. All materi a1 s, goods and supplies, nvt less
than 54 percent of the total weight of which consists of secondary
and post-consumer waste with not less than 10 percent of its total
weight consisting of post-consumer waste. Recycled product" also
includes any product that caul d have been disposed of as soli d
waste, having completed its life cycle as a consumer item, but
otherwise i s refurbished for reuse without substantial alteration
of the product's form,
vi r i n oil , Oi 1 that has been refined from crude oil and that
has not been used or contaminated with impurities.
Section 3 . Section 2.1225 of the Eugene Code, 1971, i s amended by adding
new Subsections (3), (4) and (5) thereto, to provide:
2.1225 Public ,Contracts -,Competitive Bidding.
~3} Notwithstanding provisions of law requiring the city to enter
into contracts with the 1 owest responsible bidder and subject to subsection ~4}
of this section, any city employee charged with the purchase of materials and
supplies for any public use shall give preference to the purchase of material s
and supp1 i es manufactured from recycled materi a1 s.
~4} The city shall give preference to materials and supplies
manufactured from recycled materials i f:
~ a} The recycled product i s avai 1 ab1 e;
fib} The recycled product meets applicable standards;
~c} The recycled product can be substituted for a comparabl e
nonrecycl ed product; and
~d} Recycled products costs do not exceed the costs of
nonrecycl ed products by more than five percent.
~5} The city shat l purchase 1 ubri cati ng of 1 and i ndustri a1 of 1
from the sel 1 er whose of 1 product contains the greater percentage of recycled
oil, unless a specific oil product containing recycled oil is:
~ a} Nat avai 1 ab1 a wi th i n a reasonabl a period of time or i n
quantities necessary to meet the city's needs;
fib} Not able to meet the performance requirements or
standards recommended by the equipment or vehicle manufacturer,
including any warranty requirements; or
~c} Available only at a cost greater than 145 percent of
the cost of comparable virgin oil products.
Section 4. Section 2.1230 of the Eugene Code, 1911, i s amended by
amending Subsection (1)(b) and adding new subparagraphs (1), (m), and (n)
thereto, and amending Subsection ~5}, all to provide:
2.1234 Public Contracts -Exemptions and Classifications .
~ 1 } The fol l awi ng c1 asses of publ~l~ c contracts are exempt from
competitive bidding as public contracts that do not encourage favoritism or
substantially diminish competition and that result in substantial costs savings:
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fib} Contracts made with qualified nonprofit agencies
providing employment opportunities for disabled individuals;
~1 } Contracts for the purchase of used personal property for
X10,004 or less. For purchases of used personal property over
~ 10, 000, three competitive quotes shall be obtained, 1 f three
quotes are not avai 1 abl e, a wri tten record must be made of the
attempt to obtain quotes.
gym} Contracts far the purchase of the fallowing forms of
advertising: newspaper, trade journal, magazine, television, radio,
and display signs.
fin} Contracts for the purchase of police dogs.
~ 5} When the purchasing agent finds an emergency exists because
of circumstances that could not have been reasonably foreseen that create a
substantial risk of 1 oss, damage, interruption of services or threat to the
public health or safety that requires prompt executi an of a contract to remedy
the condition, ~ s } he may waive any of the requirements of sections 2.1220 to
2.1245 when awarding a public contract. When a contract far $25,000 or more is
awarded after such a waiver, at the next meeting of the council following the
waiver, the purchasing agent shall submit a written report stating with
specificity the emergency conditions necessitating prompt execution, the
provisions waived, the public contracts for X25, OOO or more awarded under th i s
subsecti an, and the 1 ength of time the emergency conditions are expected to
persist. Upon receiving the purchasing agent's report required by this
subsection, the council may modify or reject the decisions of the purchasing
agent. In any event, any contract awarded under this subsection must be awarded
within ~0 days following the declaration of the emergency by the purchasing
agent, unless the council grants an extension. Furthermore, the cost of
contracts awarded under this subsection shall not exceed the unexpended
appropriation for operating contingencies. At the conclusion of emergency
authorization, the purchasing agent shall submit to the counci 1 another written
report of the public contracts awarded under waivers for $25,000 or more during
the emergency.
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 Cade, 1971 to the
provisions added, amended or repealed herein.
Aassed by the City Council this
3rd day of March, 1993
City Recorder
Approved by the Mayor th i s
3rd day of March, 1993
LJ [~ti~~ ~ ~~~d~C',6'v~c-~
Mayor
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