HomeMy WebLinkAboutOrdinance No. 20031ORDINANCE No. 20031
AN ORDINANCE CONCERNING PUBLIC CONTRACTING REGULATIONS;
AND AMENDING SECTIONS 2.1230 AND 2.1245 OF THE EUGENE
CODE , 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsections (1)(i)2. and (5) of Section 2.1230 of the Eugene
Code, 1971, are amended and a new Subsection (1)(i)3. is added thereto to
provide
2.1230 Public Contracts -Exemptions and Classifications.
(1) The following classes of public contracts are exempt from
competitive bidding as public contracts that do not encourage favoritism or
substantially diminish competition and that result in substantial cost savings:
~ i } Contract amendments far additional goods , services , ar
both , or for changes i n the on gi nal specifications which increase
the original contract price, provided:
1. The original contract terms and conditions apply
to the performance of the amendments ; or
2. Except as provided in subparagraph 3. of this
subsection , the cost of al 1 amendments does not exceed l0/ of
the original contract price. This 10/ 1 i mi tati on may be
increased an additional 10% upon determination by the
purchasing agent that i t i s not reasonably feasible to require
additional bidding to complete the purpose of the contract .
3. For public improvement
contracts, the cost of all amendments does
not exceed 25/ of the original contract
price, or, the increase of any one major
contract item does not exceed 25I . A ma j or
contract item is defined as~ any items that
amounts to 101 or more of the total
contract price.
(5) When the purchasing agent finds an emergency exists because of
circumstances that could not have been reasonably foreseen that create a
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substantial risk of 1 oss , damage, interruption of services or threat to the
public health or safety that requires prompt execution of a contract to reined
y
the condi ti an , ~s ~ he may waive any of the requirements of sections ~ .1~~0 to
2.145 when awa rdi ng a publ i c contract . When a contract for more than ~~5 , 000
i s awarded after such a wai ver, at the next meeting of the counci 1 fol 1 owi ng the
waiver, the purchasing agent shal 1 submi t a wri tten report stating with
specificity the emergency conditions necessitating prompt execution , the
provisions waived, the public contracts for more than ~~5, 000 awarded under thi s
subsection , and the 1 ength of time the emergency conditions are expected to
persist . Upon receiving the purchasing agent's report required by thi s
subsection, the counci 1 may modify or reject the decisions of ~ the urchasi ng
P
agent . In any event, any contract awarded under this subsection must be awarded
within 60 days fol 1 owi ng the declaration of the emergency by the purchasing
agent , unless the counci 1 grants an extension . Furthermore, the cost of
contracts awarded under this subsection shal 1 not exceed the unexpended
appropriation for operating contingencies . At the conclusion of emergency
authorization , the purchasing agent shal 1 submit to the counci 1 another written
report of the public contracts awarded under waivers for more than X25, 000 during
the emergency .
Section 2 . Subsection ~4~ of Section 2.145 of the Eugene Code , 1971, i s
amended to provide
2.1245 Public Contracts - Exemption and Waiver of Bid and Performance
Bonds.
(4) All public improvement contracts for more than $25.000 shall
require good and sufficient bonds to assure performance of the contract and
payment of the obligations incurred in the performance. For public improvement
contracts awarded under subsection 2.1230(5), the purchasing agent may waive the
requirements of this subsection 2.1245(4) unless upon receiving the purchasing
agent's report regarding the emergency conditions the council requires otherwise.
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Section 3 . The City Recorder, at the request of , or with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein or i n other provisions of the Eugene Code, 1971, to the
provisions added, amended or repealed herein.
Passed by the City Council this
4th day of December, 1995
~L...,
City R order
Approved by the Mayor this
4th day of December, 1995
Mayor
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