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Ordinance No. 85-05 s e� CITY OF TIGARD, OREGON ORDINANCE NO. ^ AN ORDINANCE RELATING TO PUBLIC CONTRACTS AND PURCHASING, REPEALING ORDINANCE NO. 83-62, SECTION 2.46 OF THE TIGARD MUNICIPAL CODE, ADOPTING REVISED PROVISIONS RELATING TO THE LOCAL CONTRACT REVIEW BOARD, AMENDING CODE SECTION 2.04.040(4), AND DECLARING 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 Corstract 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 1983 Oregon Legislature enacted legislation calling upon the Attorney General to prepare and maintain model rules of procedures for Contract Review Boards; and WHEREAS, the Tigard City Council finds it necessary and desirable to modify the City's Rules to be in conformance with the Attorney General's mnadel, NOW THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: t Section 1. Ordinance No. 83-62 is hereby repealed in its entirety and the following is adopted as the revised provisions relating to the fLocal Contract Review Board relating to public contracts and purchasing: Section 2. Qolic i 1. All public contracts shall be based upon competitive bids except as expressly provided by State law, this clapter, or the rules adopted by the Local Contract Review Board. Section 3. Definitions: As used in this chapter, unless the context r 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. 4. "Public improvement" means projects for construction, reconstruction or major renoYati.on on real property by or £or a public agency. "Public improvement" does not include emergency work, m-Lior alteration, ordinary repair or maintenance neces3ary t in order to preserve a public Improvement. Section 4, Local Contract Review Boal Powers; Authority To Adopt Rules 1. The City Council shall be the Local Contract Review Board. R 2, The Board shall have all of the 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. Section 5. The Organization Of The Board 1. The Mayor shall act as the Chairperson of the Board. 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 Pane of succession shall be the same as the line of succession which applies to the Council. Section 6. Meetings; Notice; Agenda 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 mariner as a Council meeting. 3. Notice of the meeting shall be given as provided by state law. 4. The agenda shall be prepared by the Purchasing Agent Section 7. AttendanceL qi orumirg 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 Boar; €members present and voting. Section 8. Decisions By The Boar 1. The Board shall exercise its rule making power in the game manner that it exercises its legislative power. 2. The Board shall exercise its adjudicative power in the manner provided by Stage law. Section g. Records 1 The Purchasing Agent or designee shall be present at all meetings and shall-provide for the ret:ordation 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 as required by the Board and the rules adopted by the Board. Section 10. Authoritv To Obligate The City 1, The Council shall approve all public contracts and personal services contracts except as otherwise provided by Section 11. Section 11. Delegation 4f 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 not exceed fifteen 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 obl igat i'an is .`.art 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 and the obligation is for a public contract which does not exceed fifteen : 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 one thousand dollars and complies 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 Expenditures 1. The delegated authority to obligate the City shall be subject to the following limitations 3 a, The expenditure shall be for a single complete item or contract; and ..,. b. The item or contract shall not be a component of a project except in the rase 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 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. R 3. The Administrator or designee shall implement the procedures set forth in the manual and as necessary, shall recommend amendments J: to the manual to the Board. Section 15. Duties Of The Finance Director � . 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. t3uties Of-The Purchasir� A,clent 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 VVI Finance Director, Section . 7. P�archasin�a� romCitiloees 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 small be subject to prior written approval by the Administrator and approval shall be based upon findings that: a, The purchase will be at eche 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; 4 i 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 business association in which the employee owns or has owned more than ten percent of the business within the proceeding calendar year. Section 18. Code section 2.04.040(4) is amended to read as follows: Be the chief purchasing and business agent with respect to all departments of the City. :section 19. The Tigard City Council further directs the City Recorder to file this document and any future revisions with the Washington County Board of Commissioners pursuant to ORS 279.055. Section 20. This ordinance is necessary for the immediate preservation of the public 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 force and effect immediately upon its passage by thL� Council and approval by the Mayor. PASSED: By ✓���� vote of all Council members present, after being read by number and title only, this , day ofy d,nom , 1985. ( City Recorder -- City of Tigard v APPROVED: By the Mayor, this /j7z day of � � 1985. r City of TigardN� f APPR0VED AS TO FORM: ; F Aityttorney ' s (AB:pmd0698F) i ; „ x _ r _ _ .