Ordinance No. 96-08 Y
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�i CITY OF TIGAPO,OREGON "
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ORDINA14CE NO.96-U9
AS
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AN ORDINANCE RELATING TO PUBLic i,:r;:TrTS AND PURCHASING,
REPEALING ORDINANCE NO. 85-05, AND ADOPTING REVISED rKv,,C;^tip ti; -
RELATING TO THE LOCAL CONTRACT FZWEW BOARD. a# gr a ,
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WHEREAS, State law mandates that all public contracts shall be based on competitive = t;
z bid except as otherwise provided by law or the rules of the Local Contract Review Board;
and
WHEREAS,Local Contract Review Board rules androcedures are necessary
P ry in order to
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carry out the State law to ensure a fair and open contracting processed and to protect the
City against litigation;ander
WHEREAS,The Attorney General Model Public Contract Rules Manual was updated my g
January of 1995;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 model.
WHEREAS,the Tigard City Council desires to update and revise provisions relating to the u w7 ;:
Lncal(_nntrar_t Re..ie:•:Board ,.
NOW THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOlNS: 'mss
r Section 1: Ordinance No. 85-05 is hereby repealed in its entirety and the following is c
adopted as the revised provisions relating to the Local Contract Review
s
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Section POIlay
1. All public contracts shall be based upon competitive biding except as Z F
expressly provided by State law, this chapter or the rules adopted by
the Local Contract Review Board.
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Section 3: Definitions: As used in this chapter,unless the context requires otherwise: i
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1. "Beard"means the City of Tigard, Local Contract Review Board.
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2. "Competitive Bidding" means the issuing of invitations to bid which ,P-R `
J follow the formal process for advertising,bid,and bid opening.
ORDINANCE NO.96- t
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3. "Personal Services" means a contract for services performed by an
independent contractor in a professional capacity. o¢ r
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�_ 4. "Public Contract' means any purchase, laase or sale by the City of xhr ?
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personal property, public improvements or services other than 9 �
agreements which are for personal services.
5. "Public Improvement' means projects for construction, reconstruction ]
or major renovation on real orooerty by or for a ouhlic anenry "Pilhlir
' Improvement' does not include emergency work, minor alteration,
ordinary repair or maintenance necessary in order to preserve a public '
J improvement.
Section 4: Local Contract Review Board:Powers:Authority to Adopt Rules c
1. The City Council shall be the Local Contract Review Board.
2. The Board shall have all of the powers that the Local Contract Review
Board may exercise in the State at large.
r 3. The Board shall adopt rules governing the awarding of public
contracts.
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Section 5:the organization of the Board F
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_ I e Id�ayor shall act as the Chairperson of the Board. The President of Ffr
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Chai-nn
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The Chairperson gh�Il-,reside nvar tha mi- tinnq anti in the absence
of the Chairperson or in the event a vacancy occurs, the line of
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succession shall be the same as the line of succession which applies
to the Council.
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Section o:Rules of Procedures
Roberts Rules of Order, excepting that seconds will not be required, ` s
will govern proceedings of the Board where they do not conflict with
` these rules or statutory provisions. k ,
F Section 7:Meetings:Notice:Agenda ' ,
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1. The applicable provisions of the Public Meetings Law shall control the �' �� .`
z notice and character of meetings of the Board.
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ORDINANCE N0.gg- ` ' xMe
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` 2. Meetings of the Board may be scheduled at any time including either
before,during,or after a regularly scheduled Council meeting. S
' 3. Meetings shall be called in the same manner as a Council meeting. vY
4. Notice of the meeting shall be given as provided by state law.
5. Meetings of the Board may be held by conference telephone call after
required public notice. The City shall make available io the public at
least one place where the public can listen to the meeting by means of
a speaker telephone. ; z F
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.
7. Prior to conference calls or telephone polls, the press and public,
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including persons directly interested in the subject matter of the poll, t
shall be given reasonable notice of a place where they can listen to a1
the meeting or poll at the time of the meeting or poll. "
8. The agenda shall be prepared by the City Recorder.
9 The agenda of the,n e ergs of a ie Board snail include the following:
a. Unanimous consent calendar pursuant to AR 80.050 including a
_ _hria_f Hescripuion of the contract exempted and the amount of the
contract. _., t ��ysxa=
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b. Consideration without hearing of pending applications fork3u
exemption. The agenda will list all proposed pending exemptions
with a brief description of proposed exemptions including the
9 amount of the contract
C. Consideration with hearing of pending applications for exemption t�
rulings.
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{ d. Contested case hearings of appeals of disqualification or
revocation or prequalification, including the name of theft .
i contractor and the grounds of the proposed disqualification or r
revocation or prequalfication.
ORDINANCE NO.96- 0
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y� 10. Routine Local Contract Review Board business may be conducted on
f1 the consent agenda of a regularly scheduled Council meeting. '
Section 8: Attendance:Quorum:Voting
1. Attendance of, at least, three Board members shall be required in
} order for the Board to take any action. 4# j
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R u ' 6. ma-dons cxc'ry S:.^.g thch n,ie ma ging authonty of the Board shall require
'f a majority vote of the Board members present and voting.
3. Actions exercising the administrative or quasi-judicial authority of the
n Board shall require a majority vote of the Board members present and
�,4 ^s Voting.
Section
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Decisions By The Board
r 1. The Board shall exercise its rule making power in the same manner .
that it exercises its legislative power. pr
its ad;udica'ive power in the manner provided
5 � 2. The Board shall exercise���a,.,..,.,.�_._� p
by State law. $
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1. The City Recorder 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.nl
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2.. The Finance Director or designee shall maintain the records and
prepare findings and reports as required by the Board and the rules ? ,�
adopted by the Board.
3. All reports required to be submitted to the Board by those rules or
statutes shall be provided to each Board member in advance of the
date the item is scheduled for review.
Section 11: Authoft To Obligate The City Y�
1. The Board shall approve all public contracts and personal services x ,
`r contracts except as otherwise provided by Section 12. L E
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Delagatio i.n Auu o lly 1 o Ob4gaie The QijX
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ORDINANCE NO.9€
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`,, . 1. The City Administrator or designee shall have the authority to obligate ` t�.'
} ,z the City without specific Board approval provided as follows: p"f.
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a. The obligation has been appropriated in an adopted budget. �T�
b. The rules adopted by the Board have been complied with as •
indicated by written findings and records.
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C. The public contract or personal services contract does notes
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d. The obligation is for a single complete item or contract and not
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part or component of a project.
2. The Finance Director shall have the authority to approve payment of
routine ongoing expenditures including but not limited to City Attorney ?
bills, utilities, payroll taxes and benefits, and payments to others of
agencies.
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x Section 13: Authorization to Advertise
$ The City Administrator or designee shall have the authority to approve f=,
advertising for all bids. ,
' Q.� Section 14: PeiiL CasF,
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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 i
purchases using petty cash provided:
r z a. The purchase shall be for an incidental expenditure;
b. The purchase shall not exceed the linins set by the City
Administrator. '
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Section 15: Limitation To Expenditures
1. The delegated authority to obligate the City shall be subject to the ,
following limitations: y
�ra. The expenditure shall be for a single complete item or contract; `
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ORDINANCE NO.96=' _
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b. The item or contract shall not be a component of a project except
4 in the case of a project which involves a personal services .s
N � 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.
,�'Pl:11/1n'I ri• tli,a.ae/1i T4.— ^�„„ii ud `f � *"��,��.rF: ,
1. The City Administrator or designee shall establish and maintain a �; � .
centralized system for the purchase,contract and sale of property and
services.
2. The City 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 _ �y
sale of property for adoption by the Board by Resolution. ;fy
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3. The City Administrator or designee shall implement the procedures set
forth in the manual and,as necessary,shall recommend amendments r
ti to the manual to the Boards kr
Section 17: Duties Of The Fingnce Director _ y
1. The France 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
'f Generally Accepted A cco �
3 .:fih Accepted r.,,wur�ing Principles.
Section 18: Purchasing From Ct Employees
x ° 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
Administrator and approval shall be based upon findings that: r
a. The purchase will be at the least cost to the City; i s�
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qti N fi ate:
b. The purchase will result in the most efficient method to
accomplish the City's purpose; Wit,
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C. The purchase could not lead to any alleged violations of the
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Personnel Rules;
d. The approval of the purchase could not lead to an adverse
employer-employee relationship should the contract be
unsatisfactorily performed;and n.. 40
Ali ruies aaopted by the Board have been satisfied. Y '
2. For purposes of this section"any business with which a City employee r
is associated" means any business of which the employee is a i
director, officer, owner or employee, or any business association in i iQ ,.
which the employee owns or has owned more than ten percent of the s
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business within the preceding calendar year. "4
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Sectio 19: The Tigard C 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.
PASSED: By U110,A)M026 vote of all Council members present after being read
by number and title only,this a'741 day of 4�&�y. 1996.
Catherine Wheatley,City R rder �"
APPROVED: is !day ofnwf " ••i9o. t ^_&'
4
es Nicoll,Mayor
Approved as to form: VP-
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City Attorney s
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Date ;
F li
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ORDINANCE NO.96- `
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