HomeMy WebLinkAboutOrdinance No. 19307ORDINANCE No. X9301
AN ORDINANCE CONCERNING PUBLIC CONTRACTS;
DESIGNATING THE CITY COUNCIL AS THE PUBLIC
CONTRACT RE~TIEW BOARD; ADDING SECTIONS 2.12 4 4 ,
2.1245, 2.1210, AND 2.1215 TO THE EUGENE
CgDE, 1971; REPEALING SECTIgNS 2.$56, 2.857,
2.858, 2.859, 2.860, 2.861, 2.862, 2.563,
2.864, 2.865, 2.866, 2.567 2.868, 2.869,
2.570, AND 2.$71 OF THAT CODE; AND DECLARING
AN EMERGENCY.
The City Council of the City of Eugene finds:
1. The 1983 Oregon Legislature abolished the State Public
Contract Review Board and delegated that function to the local
boards of county commissioners. The 1983 law also requires
that the governing body of any political subdivision of the
state became its own local public contract review board or use
the County Commissioners as the review board.
2. It is in the public interest of the citizens of Eugene
for the Council to exercise its authority under state law to
be the City's local public contract review board. This reduces
duplication and simplifies administrative proceedings, allowing
for the most cast-effective public contracting system.
3. As the contract review board for the City the Council
desires to perform only those functions required by state law
and to the maximum extent passible limit its role to policy
matters.
NOW, THEREFORE.
THE CITY 4F EUGENE DQES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby approves and adopts
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the findings set forth above.
Section ~. The following sections are hereby added to
the Eugene Code, 1871:
2.1200 Public Contracts - Council Desi nated Lacal
Board. The council is hereby designated
the local contract review board for the city and,
as provided in sections 2,1200 to 2.1215 of this code
shall exercise all powers and duties granted to the
local contract review boards by state law.
2.1205 Public Contracts - Cit Dana er and Cit
Contracts. The city manager or the manager's
designee shall be the purchasing agent for the city,
and is hereby authorized to award all city public
contracts for which there is an appropriation. The
award of city public contracts shall conform to the
mandates of state law relating to the awarding of
public contracts.
2.1210 Public Contracts - City Manager Regulations.
The city manager may develop forms and promulgate
rules and regulations and modifications thereto reasonably
necessary to accomplish the purposes of sections 2.1204
to 2.1215 of this code and regulations adopted thereunder.
2.1215 Public Contracts _ Council Regulations.
~1~ The council shall adopt by ordinance
regulations stating the policies of the city regarding;
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~a~ Public contracts or classes of
public contracts exempt from competitive
bidding;
~b~ The use of brand name, mark, manu-
facturer or seller in public contract specifi-
cations;
~ c ~ Waiver of bid security or performance
bonds on public contracts or classes of
contracts;
~d~ Hearing and determination of appeals
from the decision of the city manager regarding
disqualification of bidders for public contracts;
and,
~e~ Other policy matters relating
to the award of public contracts where rulemak ing
discretion is imposed by law upon the council.
~Z~ Before adopting the regulations required
by subsection ~1} of this section or any modification
thereto, the proposed ordinance shall be placed on
a regular council meeting agenda and public testimon y
invited thereon. After which, the council shall adopt,
modify, or reject the ordinance.
Section 3. Except as provided in Sections 4 and 5 of this
Ordinance, Sections x.856, 2.857, 2.858, 2.859, 2.860, 2.861,
2.862, 2.863, 2.864, 2.865, 2.846, 2.867, 2.$68, 2.869, 2.87,
and 2,871 of the Eugene Code, 1971, are hereby repealed.
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Section 4. Any public contract awarded under sections
2.856 to 2.871 of the Eugene Code, 1971, or under state public
contract law is not void or voidable because of the provision s
of this Ordinance if the bid or quotations on the contract are
solicited before the effective date of this Ordinance and the
public contract is awarded thereon within 120 days of the effective
date of this Ordinance.
Section 5. Until the Council enacts its regulations under
Section 2.1215 of the Eugene Code, 1971 and until the City Manager
adopts rules and regulations under Section 2.1210 of the Eugene
Code, 1971, each shall be governed by the administrative exemptions,
rules and regulations of the State of Oregon Public Contract
Review Board in effect June 30, 1983, to the extent the adminis-
trative determinations are consistent with Sections 2.1200 to
2.1215 of the Eugene Code, 1971 and ORS 279.011 through 279.061.
By March 15, 1985, the City Manager shall propose to the
Council the regulations to be enacted under Eugene Cade Section
2.1215.
Section G. The C ity Manager shall f ile a copy of this
Ordinance with the Board of County Commissioners of Lane County.
Section 7. Because the matters contained herein concern
the public health, welfare and safety and therefore, an emergency
is hereby declared to exist, this Ordinance shall become effective
immediately upon its passage by the City Council and approval
by the Mayor.
Passed by the City Council this
~ day of _,.,_~,~ Jan uar,~,,,, _~~-..., 198 ~
~~~~
s~ C i y Recorder
Approved by the Mayor this
30th day Janua , 198 ~
+r~
yor
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