Ordinance No. 01-24 CITY OF TIGARD,OREGON
ORDINANCE NO.01- ;L.-f
AN ORDINANCE REPEALING ORDINANCE NO, 96-08 AND ADOPTING REVISED PROVISIONS
RELATING TO THE LOCAL CONTRACT REVIEW BOARD.
WHEREAS,The City's Tigard Municipal Code Section 2.46 relating to the Local Contract Review Board
was last updated in 1996.
WHEREAS,The City desires to update and revise provisions relating to the Local Contract Review Board
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Ordinance No. 96-05 is hereby repealed in its entirety and the following is adopted as the
revised provisions relating to the Local Contract Review Board.
Section 2: Policy
1. All public contracts shall be based upon competitive biding except as expressly provided
by State law,this chapter or the rules adopted by the Board.
2. If federal finds are involved in my contract subject to this Chapter, federal laws,rules
and reailations shall control in the event of conflict with State law or this Chanter
Section 3: Definitions: As used in this chapter,unless the context requires otherwise:
1 "AR"means City of Tigard administrative purchasing rules adopted by the Board.
-I-2. "Board"means the City of Tigard,Local Contract Review Board.
33. "Competitive Bidding" means the issuing of invitations to bid which follow the formal
process for advertising,bid,and bid opening.
4 "ORS"means Oregon Revised Statutes as applicable and as amended. I
35. "Personal Services" means a contract for services performed by an independent
contractor in a professional capacity.
46. "Public Contract" means any purchase, lease or sale by the City of personal property,
public improvements or services other than agreements,which are for personal services.
37. "Public Improvement" means projects for construction, reconstruction or major 0
renovation on real property by or for a public agency. "Public Improvement" does not
include emergency work_, minor alteration,ordinary repair or maintenance necessary in
order to preserve a public improvement.
,S&fiQ 4: Legal Qentfaet-�Rer�iew-Board,•Powers:Authority to adopt rules
1. The eCity Council shall be the Local eContract ffieview bBoard. i
2. The bBoard shall have all of the powers that may be
exercise in the State at large.
3. The b�Board shall adopt rules governing the awarding of-publie-een a City,contracts l
and bidding_procedures. I
Section : The Organization of the bBoard
1. The mayor shall act as the eChairperson of the l�Board. The president of eCouncil shall
act as the vVice-eChairperson.
2. The eChairperson shall preside over the meetings and in the absence of the eChairperson
or in the event a vacancy occurs,the line of succession shall be the same as the line of
succession which applies to the eCouncil.
Lection 6: Rules of Procedures
Council
groundrules will govern proceedings of the bBoard where they do not conflict with
these rules or statutory provisions.
Section 7: Meetings:Notice: and Agenda
1. The applicable provisions of the Public Meetings Law shall control the notice and
character of meetings of the Board.
2. Meetings of the Board may be scheduled at any time including either before, during, or
after a regularly scheduled Council meeting.
3. Meetings shall be called in the same manner as a Council meeting.
4. Notice of the meeting shall be given as provided by satate law.
5. Meetings of the Board may be held by conference telephone call after required public
notice. The City shall make available to the public at least one place where the public
can listen to the meeting by means of a speaker telephone.
6. On urgent or perfunctory matters,the Chairperson may,by telephone,poll the members
of the Board. Electronic transcripts of the polling calls will be made and retained. In
the course of a poll,any member may request the matter be discussed by conference call
or deferred to a meeting.
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7. Prior to conference calls or telephone polls, the press and public, including persons
directly interested in the subject matter of the poll,shall be given reasonable notice of a
place where they can listen to the meeting or poll at the time of the meeting or poll.
8. The agenda shall be prepared by the City Recorder.
ef the eeHtraet exempted and the eufA of the e,;
4.99. Routine T eeal Geftfaet De .:.-"' Board business may be conducted on the consent
agenda of a regularly scheduled Council meeting.
ectio 8: Attendance:Quorum:Voting
1. Attendance of,at least,three Board members shall be required in order for the Board to
take any action. All actions of the Board shall require a majority vote of the Board
members present and votive.
h J
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Sec •on 9: 12ecisions by the Board
1, The Board shall exercise its rule making power in the same manner that it exercises its
legislative power.
2. The Board shall exercise its adjudicative power in the manner provided by State law.
Section Re—cords
1. The City Recorder or designee shall be present at all meetings and shall provide for the
recordiagatkm of all meetings and shall maintain minutes of all meetings as required by
law including an�vote taken.
2. The Director of Finance or designee shall maintain the records and prepare findings and
reports as required by the Board and the rules adopted by the Board.
3.
fevidate the
item is scheduled for review.
Section 11: Administrative authori1y to obligate the City
1. The Board shall approve all public contracts, effd personal services contracts or any
other We of contract let by the Ci tx except as otherwise provided by Section 12.
Section 12: Delegation of authority to obligate the City
1. The City Adff�nistr-atefmana er or designee shall have the authority to obligate the City
without specific Board approval provided as follows:
a. The obligation has been appropriated in an adopted budget.
b. The rules adopted by the Board have been complied with as indicated by written
findings and records.
C. The public contract,of personal services contract or an o�ther We of contract let I
the City does not exceed$25,000.
d. The obligation is for a single complete item or contract and not a part or
component of a project.
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-bell have the authefity to appre"P""t of Feuke el
,titilities,
benefits,and paymentiq te
Section 3:Authorization Io advertise
The City AdvAinisif gaaaer or designee shall have the authority to approve
advertising for all bids.
1. The pets.. shall be appointed
Re Petty Gash r + ,i' hall haye the authority to puffe-1--se6a. -ki6t}l�t�-86�
:Fb— .1.,.111.—£ ..:,i„«+..1 .. a«,1:�.....,.
Section 15:Limitation to expenditures
1. The delegated authority to obligate the City shall be subject to the following limitations:
a. The expenditure shall be for a single complete item or contract;and
eemplete-} ejeet The exuenditure shall not be a component of a project with a
total cost in excess of$25,000, except in the case of a project which involves a
personal services contract and a public contract If a project involves aeru sonal
service contract and a public contract the two contracts shall be considered
separate projects.
ecti n 16:Duties of the Adn4ftkArtnef City Manager
1. The City Mana er or designee shall establish and maintain a centralized
system for the purchase,contract and sale of property and services.
2. The City Admi&An#ewManager or designee shall prepare a manual which sets forth the
procedures and forms to be used in the award of public contracts, personal services
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contracts,construction contracts, and the sale of property for adoption by the Board by
Resolution.
3. The City ietswafeanager or designee shall implement the procedures set forth in
the manual and,as necessary,shall recommend amendments to the manual to the Board.
Seetion 17.Duties Of The
, ,
e tin 1 :Purchasing from eCity employees
1. The purchase of any supplies, materials, equipment, labor or services, including
personal, professional, technical and expert services from any City employee, or any
business with which a City employee is associated shall be subject to prior written
approval by the City Admifiistmter-Manager and approval shall be based upon findings
that:
a. The purchase will be at the least cost to the City;
b. The purchase will result in the most efficient method to accomplish the City's
purpose;
C. The purchase could not lead to any alleged violations of the Personnel Rules;
d. The approval of the purchase could not lead to an adverse employer-employee
relationship should the contract be unsatisfactorily performed;and
e. All rules adopted by the Board have been satisfied.
2. For purposes of this section "any business with which a City employee is associated"
means any business of which the employee is a director,officer,owner or employee,or
any orporation in which the ELty-employee owns or has owned
10 percent or more of any class of stock at any e€he-bttsi"N
whin the preceding calendar year.
Section 19: The Tigard City Council further directs the City Recorder to file this document and any fixture
revisions with the Washington County Board of Commissioners pursuant to ORS 279.055.
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SECTION: This ordinance shall be effective 30 days alter its passage by the Council,signature by the
Mayor,and posting by the City Recorder.
PASSED: ByUmni I moun,vote of all Council members present after being read by number and title
only,this o?7))day of &j6 U-'►?& Y" ,200 E
Greer A.Gaston,Deputy City Recorder
APPROVED: By Tigard City Council this Aj] day of Alpam Le- ,2001.
4 644
lames E. riffith yor
Ap roved as to form':l
V-
City Attorney
I I . / 2.7
Date
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