Ordinance No. 83-62 CITY OF TIGARD, OREGON
ORDINANCE NO. 23-
AN ORDINANCE RELATING TO PUBLIC CONTRACTS AND PURCHASING, REPEALING CODE
CHAPTER 2.46 AND RE-ENACTING PROVISIONS RELATING TO THE LOCAL CONTRACT REVIEW
nnAnn AMCRIDT=Un CODE Sr�TTt�7U 2.�4,Q4nr41 AND DE` An'r _
uvnnu ra',�se s.n++ vvL E_ .i.-v�-nR11N�Y AN EMERGENCY.
WHEREAS, State law mandates that all public contracts shall be based on
competitive bid except as otherwise provided by law or the rules of the Local
Contract Review Board;
WHEREAS, Local Contract Review Board rules and procedures are necessary in
order to carry out the State law to ensure a fair and open contracting process
and to protect the City against litigation; and
WHEREAS, the rules and procedures adapted by the City are out of date with
the current law.
NOW THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Code Chapter 2.46 is hereby repealed and re-enacted as follows:
Section 2. Policy
1. All public contracts shall be based upon competitive bids except
as expressly provided by State law, this chapter or the rules
adopted by the Local Contract Review Board.
Section 3. Definitions: As used in this chapter, unless the context
requires otherwise:
1. "Board" means the City of Tigard, Local Contract Review Board.
2. "Personal Services" means a contract for services performed by an
independent contractor in a professional capacity.
3. "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.
Section 4. Local Contract Review Board; Powers; Authority To Adopt Rules
1. The City Council shall be the local Contract Review Board.
2. The Board shall have all of tha ,powers that the Public Contract
Review Board shall exercise in the State at large.
3. The Board shall adopt rules governing the awarding of public
. contracts.
ORDINANCE NO, 83-_
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Section 5. The Organization Of The Board
rt 1. The Mayor shall act as the Cha eparson Of the 90a.rd, The
President of Council shall act as the Vice Chairperson.
2, The Chairperson shall preside over the meetings, and in the
absence of the Chairperson, or in the event a vacancy occurs, the
line of succession shall be the same as the line of succession
which applies to the Council.
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Section b. Meetings Notice; Agenda E
1. Meetings of the Board may be scheduled at any time including
either before or after a regularly scheduled Council meeting. ;
2. Meetings shall be called in the same manner as a Council meeting. j
3. Notice of the meeting shall be given as provided by state law.
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4. The agenda shall be prepared by the Purchasing Agent.
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Section 7. Attendance- Quorum; Voting
1. Attendance of, at least, three Board members shall be required in
order for the Board to take any action.
2. Actions exercising the rule making authority of the Board shall
require a majority vote of the Board members present and voting,
3. Actions exercising the administrative or quasi—judicial authority
of the Board shall require a majority vote of the Board members
present and voting.
Section 8. Decisions By The Board
i. The Board shall exercise its rule makir- po-ger in the same manner
that it exercises its legislative sower
2. The Board shall exercise its adjudicative power in the manner
provided by State law.
Section 9. Records
1. The Purchasing Agent or designee shall be present at all meetings
and shall provide for the recordation of all meetings and shall
maintain minutes of all meetings as required by law.
2, The Purchasing Agent or designee shall maintain the records and
prepare findings and reports ar. required by the Board and the
rules adopted by the Board.
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Section 10. Authority To Obligate The Cily
1. The Council shall appruve all public contracts and personal
services contracts except as otherwise provided by Section 11,
Section 11, Delegation Of Authority To Obligate The City
1. The Administrator shall have the authority to obligate the City
without specific Council approval provided the obligation is part
of an adopted budget, the rules adopted by the Board are
satisfied by written findings and a record is made of the
transaction which shows the rules have been satisfied as follows: —�
a. The Administrator may enter into a public contract or
personal services contract which does riot exceed five
thousand dollars and complies with Section 13.
b. The Administrator may enter into a public contract for used
equipment which does not exceed ten thousand dollars and
complies with Section 13.
2. The Finance Director shall have the authority to obligate the
City without prior specific Council approval provided the
obligation is part of an adopted budget, the rules adopted by the
Board are satisfied by written findings, and a record is made of
,_.,-ti �cwc ,.ho r„loo have been satisfied and the
the transauLiuii wl-- .
obligation is for a public contract or personal services contract
which does not exceed five thousand dollars and complies with
Section 13.
3. The Purchasing Agent shall have the authority to obligate the
City without prior specific Council approval provided the
obligation is part of an adopted budget, the rules adopted by the
Board are satisfied and a record is made of the transaction and
the obligation is for a public contract which does not exceed
five hundred dollars and comrlies with Section 13.
Section 12. Petty Cash
1. A Petty Cash Custodian shall be appointed by the Finance
Director, and the Director shall establish guidelines and
procedures for the expenditure and accounting for petty cash
funds.
2. The Petty Cash Custodian shall have the authority to approve
purchases using petty cash provided:
a. The purchase shall be for an incidental expenditure;
b. The purchase shall not exceed $25.00; and
C. The purchase complies with Section 13:
Section 13. Limitation To Exoenditurea
1. The delegated authority to obligate the City shall be subject to
the following limitations:
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a. The expenditure shall be for a single complete item
contract; and
b. The item or contract shall not be a component of a project
except in the case of a project which involves a personal
services contract and a public contract. in this situation,
the personal services contract portion shall be considered a
single complete project and the public contract portion
shall be considered a single complete project.
Section 14, Duties Of The Administrator
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1. The Administrator or designee shall establish and maintain a
centralized system for the purchase, contract and sale of
property and services.
2. The Administrator or designee shall prepare a manual which sets
forth the procedures and forms to be used in the award of public
contracts, personal service contracts, construction contracts,
and the sale of property for adoption by the Board by Resolution. t
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3. The Administrator or designee shall implement the procedures set
forth in the manual and as necessary, shall recommend amendments
to the manual to the Board. '
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Section 15. Duties Of The Finance Director
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1: The Director shall establish, maintain, and amend as necessary,
accounting procedures which set forth appropriate controls to
implement the authority contained in this Chapter and which
comply with Generally Accepted Accounting Principles.
2. The Director shall provide general supervision of the Purchasing }
Agent.
Section 16. Duties Of The Purchasing Agent f
1. The duties of the Purchasing Agent shall be as established by the
manual prepared by the Administrator and adopted by the Board by
Resolution, and the accounting procedures established by the
Finance Director,
Section 17. Purchasing From City 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 Administrator 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
°ersonnel 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.
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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 business
the 2^pl^yea awns or has owned more than ten
association in which
` percent of the business within the preceding calendar year.
Section 18. Code section 2.04.040(4) is amended to read as follows: Be the
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chief purchasing and business agent with respect to all
departments of the City.
Section 19. This ordinance is necessary for the immediate preservation of the
f�ablic health, safety and welfare in order to establish a process
consistent with State law for the award of public contracts and
to reduce the potential costly litigation and an emergency is
hereby declared to exist and this ordinance shall be in full k-
force and effect immediately upon its passage by the Council.
M !fin r rho u s- -•
vote of all Council members present,
PASSED: By
after being read by number and title only, this -
day of 1983
IV
City Recorder - City igard
i
gra,,_ i�83. •9
APPROVED: By the Mayor, this !R day of a,-h%� V
City of Tigard
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�re5, o� Crntvici/
.APPROVED AS
TO FORM:
City attorney
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` (AB.pm/1088A)
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'ORDINANCE N0, 83•-
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