HomeMy WebLinkAboutOrdinance No. 20193
ORDINANCE NO. 20193
AN ORDINANCE CONCERNING PUBLIC CONTRACTS;
AND AMENDING SECTIONS 2.1210, 2.1220 AND 2.1255 OF
THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
A new subsection (e) is hereby added to Section 2.1210 of the Eugene Code,
1971, to provide:
2.1210 Public Contracts - Purchasing Agent Regulations. The purchasing agent may
develop forms and promulgate rules, regulations, procedures and modifications thereto
reasonably necessary to accomplish the purposes of sections 2.1200 to 2.1255 of this code and
regulations adopted thereunder. In promulgating such rules, regulations and procedures, the
purchasing agent shall:
(e) Whenever the Oregon State Legislative Assembly enacts laws that
cause the attorney general to modify its model public contract rules, the purchasing
agent shall review the citys public contract rules to determine whether any
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modifications to the rules need to be adopted by the city to ensure compliance with
statutory changes.
Section 2
. Section 2.1220 of the Eugene Code, 1971, is amended by modifying the definition
for Lowest responsible bid, as follows:
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2.1220 Public Contracts - Definitions. As used in sections 2.1200 to 2.1255:
Lowest responsible bid. The lowest responsive bid submitted by a responsible
bidder, as those terms are defined in the rules adopted hereunder.
Section 3
. Section 2.1255 of the Eugene Code, 1971, is amended to provide:
2.1255 Appeals of Disqualification and Prequalification Decisions.
(1) Any person disqualified by decision of the purchasing agent or aggrieved by the
denial, revocation or revision of a prequalification decision may appeal the decision to the council
upon written notice of appeal filed with the city manager. The notice shall be filed within three
business days after receipt of the notice of disqualification or denial, revocation or revision of a
prequalification decision and shall state specifically wherein there was error by the purchasing agent.
(2) Within three business days of receipt of the notice of appeal, the appellant shall
be notified of the date, time and place that the council or its designee shall conduct a de novo hearing
on the appeal pursuant to sections 2.392 to 2.400. If a designee of the council conducts the hearing,
the designee shall prepare a written report for the council containing the hearing record and proposed
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findings and a recommended action. Upon review of the designee's report the council shall act on the
appeal. The council shall not be bound by the designee's findings or recommendations. The council
shall decide the appeal within 20 days after the city manager receives the notice of appeal, and shall
set forth reasons for its decision in writing. The time limit in this subsection may be extended with the
consent of the appellant and the council.
(3) The council may affirm, reverse, or modify the decision of the purchasing
agent, specifying in writing the reasons for its decision.
Section 4.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to 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 Approved by the Mayor this
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10 day of April, 2000 10 day of April, 2000
/s/ Warren G. Wong /s/ James D. Torrey
City Recorder Mayor
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